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Home My Public Portal About20021113 - Agendas Packet - Board of Directors (BOD) - 02-22 Regional Open S, ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 02-22 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 6:00 p.m. Wednesday,November 13, 2002 330 Distel Circle Los Altos, California AGENDA* Please Note: 6:00 p.m. Closed Session Special Meeting Start Time 7:30 p.m. Regular Meeting Start Time 6:00* ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT-CLOSED SESSION The Closed Session will begin at 6:00 p.m. At the conclusion of the Closed Session,the Board will adjourn the Special Meeting Closed Session to the Regular Meeting,and,at the conclusion of the Regular Meeting,the Board may reconvene the Special Meeting Closed Session. 1. Conference with Real Property Negotiator-Government Code Section 54956.8 Real Property- Santa Clara County APN 562-12-021, and-022; Santa Cruz County APN 098-141-12 A envy Ne otl► i, ators-Michael Williams,Real Property Representative Negotiating Party-Keith Chambers, CHY Company Under Negotiations-Instructions to negotiator will concern price and terms of payment. 2. Conference with Real Property Negotiator-Government Code Section 54956.8 Real Property-Santa Cruz County APN 098-141-10, and-11 Agency Negotiators, -Michael Williams, Real Property Representative Negotiating Party-Walter Moore,Peninsula Open Space Trust Under Negotiations-Instructions to negotiator will concern price and terms of payment. i 3. Conference with Legal Counsel-Existing Litigation,Government Code Section 54956.9(a) Name of Cass-Midpeninsula Regional onal men Space District v Wozniak, Santa Clara County Superior Court Case No. CV807797 7:30* REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ** ORAL COMMUNICATIONS-Public ADOPTION OF AGENDA ADOPTION OF CONSENT CALENDAR-D. Little 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 [+m!; Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz -General Manager:L.Craig Britton Meeting 02-22 Page 2 ADOPTION OF MINUTES • September 25, 2002 • October 9,2002 • October 23, 2002 BOARD BUSINESS 7:40 1 Consideration to Adopt a Resolution Commending the Honorable Joe Simitian for his Extraordinary Environmental Efforts and Achievements, Especially on Behalf of Midpeninsula Regional Open Space District-C. Britton 7:45 2 Consideration to Adopt a Resolution Commending the Honorable Byron Sher for his Extraordinary Environmental Efforts and Achievements, Especially on Behalf of the Midpeninsula Regional Open Space District -C. Britton 7:55 3 Consideration to Adopt a Resolution Honoring and Commending Peninsula Open Space Trust Upon the Occasion of its 25h Anniversary-C.Britton 8:00 4 Proposed Acquisition of Remaining Interest in the Big Dipper Ranch Property as an Addition to Skyline Ridge Open Space Preserve and Exchange of Remaining Interest in a 16-Acre Portion of Ranch Property to Existing Partial Interest Holder;Adopt the Attached Resolution Authorizing Purchase of 45,78%Fee Interest in a 751.9-Acre Portion of Big Dipper Ranch Property From Celia Cummings and Exchange of 54.22% Fee Interest in the Remaining 16-Acre Portion of the Property to Celia Cummings; Tentatively Adopt the Preliminary Use and Management Plan Recommendations Contained in this Report; Indicate Your Intention to Dedicate the Property as Public Open Space-C. Britton 8:20 5 Approval of Residential Lease Agreement for the Historic Fremont Older Residence with Mort and Elaine Levine at Fremont Older Open Space Preserve;Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act(CEQA)As Set Forth in This Report;Authorize the President of the Board of Directors to Execute the Residential Lease Agreement with Mort and Elaine Levine- M. Williams 8:30 6 Approve the Mitigated Negative Declaration and Mitigation Monitoring Program in Accordance with the California Environmental Quality Act(CEQA), and Adopt the CEQA and De Minimis Findings as Set Out in this Report-S. Sommer 7 Authorization to Purchase One Tractor; Direct the General Manager to Execute a Purchase Contract with the State Department of General Services and Peterson Tractor for One Mini-Excavator at a Total Cost Not to Exceed$40,000-D.Topley 8:40 8 Authorize an Increase in the Amount of$16,000 for the Contract with Kevin Emery Building for the Structural Repairs to the Fortner"Sherrill/Grainger"Residence at Monte Bello Open Space Preserve for a Total Contract Amount Not to Exceed$36,251.50; Appropriate$16,000 in Funds from the New Land Purchases Budget Account; Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act(CEQA)as set out in this Report;Waive Solicitation of Further Bids and Approve the Performance of Emergency Structural Repairs Described in this Report by Kevin Emery Builders Due to the Existence of an Imminent Threat to Persons and Property-M.Williams Meeting 02-22 Page 3 9 Midpgninsula Regional Qpen Space District v. Wozniak: (Encroachment at Bear Creek Redwoods Open Space Preserve);Authorize the General Manager to Approve Litigation Expenses Pursuant to the Retainer Agreement with the Law Firm of Miller, Starr& Regalia in an Additional Amount Not to Exceed$20,000—S. Schectman 8:50* INFORMATIONAL REPORTS—Brief reports or announcements concerning pertinent activities of District Directors and Staff. REVISED CLAIMS 9:10* ADJOURNMENT Times are estimated and items may appear earlier or later than listed Agenda is subject to change of order. TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during Oral Communications. Each speaker will ordinarily be limited to three minutes. Alternately,you may comment to the Board by a written communication, which the Board appreciates. All items on the consent calendar may be approved without discussion by one motion Board members, the General Manager, and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. Regional Open Sr-ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 02-19 SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS September 25, 2002 MINUTES SPECIAL MEETING I. ROLL CALL Vice President Nonette Hanko called the meeting to order at 6:36 p.m. Members Present: Jed Cyr, Mary Davey, Nonette Hanko, Larry Hassett, Ken Nitz, Pete Siemens(arrived at 6:45 p.m.) Members Absent: Deane Little(arrived at commencement of Regular Meeting) Staff Present: Craig Britton, Susan Schectman, Mike Williams, John Escobar, and Sally Thielfoldt IL CLOSED SESSION N. Hanko stated that the Board would adjourn to Closed Session to discuss Closed Session Agenda Items I and 2. The Board recessed to Closed Session at 6:36 p.m. and the Closed Session commenced at 6:36 p.m. The Board concluded the Closed Session at 7:15 p.m. REGULAR MEETING M. D. Little called the Regular Meeting to order at 7:35 p.m. He announced that the Board had discussed Closed Session Agenda Items I and 2 in Closed Session and that no reportable actions had taken place. Additional Staff Present: Cathy Woodbury IV. ORAL COMMUNICATIONS—There were none. V. ADOPTION OF AGENDA Motion: J. Cyr moved that the Board adopt the agenda. P. Siemens seconded and the motion passed 7 to 0. 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 AA�] ff.—Ell Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz -General Manager:L.Craig Britton Meeting 02-19 Page 2 VI. ADOPTION OF CONSENT CALENDAR Motion: J. Cyr moved that the Board adopt the Consent Calendar, including the minutes of the Regular Meeting of June 12, 2002, and the Special and Regular Meetings of September 11, 2002; Agenda Item 2,Approval of Salary Adjustment and Meritorious Pay Award for the General Manager and -Approval of Amendment t General Manager's Employment Agreement; As a Result of the Board' Evaluation of the General Manner's Performance for the Period of March 10 2001 through March 9. 2002 and Compensation Review for the Position, the A Hoc Board Appointee Evaluation Committee Recommends a 5%Meritorious Pa Award Based on the General Manager's Performance, and a 5% C99 of Living Salary Adjustment, Retroactive to March 9. 2002: Also, Because of the Delayed Statf,Budget Process and Qther Pressing Projects it is Recommended that the General Manager be able to Sell Back up to Two Weeks of Accrued Vacation i Addition to Any Vacation Sell Back Provided by Existing Board Policy; Adopt the Attached Resolution Amending the General Manager's Employme Agreement to Reflect an Adjusted Salary of$138,557.32. a 5%Meritorious Pav Award Totaling $6.597.97. and Allowing the Sell-Back of 11p to Two Week Accrued Vacation; Agenda Item 3, Approval of Salaj�y Ad-jgstm?,nt and Meritorious Pay Award for District General !Counsel and Approval o Amendment to District General Counsel's Employment Agregment'. As?i result o the Board's evaluation of District Gengral Counsel's performance for Fiscal Year 2000-2001, the Ad Hoc Board Appointee Evaluation Committee recommends a 5% meritorious pay award based on District General Counsel's perform ange i fiscal year 2001-2002 and a 5% cost of living increase for fiscal year 2002-2003, retroactive to April 1. 2002: Adopt the attached resolution amending District General Counsel's Employment Agreement to reflect an adjusted 2/3-timp salary of$86,117.68, a 5% meritorious pay award totaling$4,100,84, and an adjustment in vacation hours from 110 hours annually to 120 hours annually; and Revised Claims 02-15. P. Siemens seconded the motion. The motion passed 7 to 0. VII. SPECIAL ORDER OF THE DAY D. Little read the resolution honoring C. Britton for 25 years of service. Motion: P. Siemens moved that the Board adopt Resolution No. 02-34,Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Honoring the General Manager's 25 Years of Service. N. Hanko seconded the motion. The motion passed 7 to 0. C. Britton responded with thanks to Board Members and staff. VIII. BOARD BUSINESS A. Agenda Item No. I —Approval of Recommendation to File a Letter Requesting the De- publication or Granting of Supreme Court Review in the Matter of Johnston v. Sonoma County Agricultural Preservation and Open Space District—(Report R-02-1 11). Meeting 02-19 Page 3 C. Britton added that he had received a call from the General Manager of the Sonoma County District. He told her that the problem he had was that the court's ruling in the case had lowered the bar on the protections under Public Resources Code Section 5540. S. Schectman said the Sonoma County District feels the decision is correct and that under the circumstances of this case there was the clear threat of condemnation and not a mere letter. However, in her opinion, that is not what the opinion stated. Sonoma County District feels that what they had done was in the interest of the environment. She talked about the result for Sonoma if the case were reversed or depublished. She agreed with C. Britton that the District could just ask for de-publication and not interject itself into the merits of the dispute. C. Britton talked about a past proposal by Santa Clara Valley Water District relevant to the court's ruling. S. Schectman clarified that the law does not state that open space land could never be condemned. There might be a situation where there is a critical public need that would overcome the presumption that public open space is the most necessary public use. However, staff feels that should be put to the test in court and that did not happen in this case. Motion: N. Hanko moved that the Board approve the filing of a letter requesting the de-publication in the matter of Johnston v. Sonoma Co1y Agricultural Preservation and Open Space District. M. Davey seconded the motion. Discussion: S. Schectman said that Monterey Park District has agreed to send a similar letter; East Bay has declined to do so. She said she thought the chances that the Supreme Court would de-publish this were good. The motion passed 7 to 0. S. Schectman talked about what could happen in the future regarding dedicated land if the political climate were radically different than it is now. IX. INFORMATIONAL REPORTS M. Davey thanked the Board for the resolution. K. Nitz said he had asked about signs at Jacques Ridge regarding water. C. Woodbury said that matter was going to the sign committee. K. Nitz asked about a replacement schedule for bikes. He thought that should be a budget item. J. Cyr had pictures of the old barn near Woodside town hall and the District's red barn. Meeting 02-19 Page 4 L. Hassett said he would not be able to do the fog festival on Saturday as he is attending a celebration at Foundation for Global Communities at which he will be honored. D. Little: 1. He did a Director's hike last week. The group hiked to the top of Black Mountain. He had made contact with members of the Native Plant Society who he thought would be a good resource in the fight against star thistle. He talked about evidence of the weevil and other pests attacking star thistle at Edgewood, Russian Ridge, and Montebello. He had samples of the thistle that had been attacked by the weevil and the false peacock fly. He passed out copies of an article about bio-control at Edgewood. C. Britton: 1. The new volunteer agreement and volunteer waiver was included in the FYIs. 2. A copy of the revised Pastorelli letter from L. Hassett was in the FYI& 3. There is a San Mateo County legislative breakfast coming up in San Mateo County on October 19. 4. He had been invited to attend the California Legacy Project on October 16 and 17 talking about the future of what State Parks is trying to do. 5. He talked about a call he had received informing him that a woman named Lois E. Nelson had left the District the bulk of her estate. 6. He had been presented with the"Grand Order of the Tick" Award by Audrey Rust at a surprise lunch honoring his 25 th anniversary with the District. 7. He talked about the November, December, and January Board Meeting schedule. N. Hanko suggested amending their procedures to accommodate the changes to the regular schedule. I Cyr agreed. Discussion followed regarding scheduling of committee meetings. I Escobar: 1. October 5 is the volunteer recognition event at the red barn. 2. The dedication of the Tafoni deck is scheduled for October 25. C. Woodbury: 1. People from the San Mateo Historic Society and the Historic Commission have been invited to the red barn event. 2. She announced that John Cahill is retiring as of October 8. J. Escobar talked about an accidental fatality that occurred on Russian Ridge Open Space Preserve. X. ADJOURNMENT At 8:37 p.m., the meeting was adjourned. Roberta Wolfe Recording Secretary Claims No. 02-15 Meeting 02-19 Date 09/25/02 Revised Midpeninsula Regional Open Space District # Amount Name Description 4450 $8,959,20 2M Associates Coastal Annexation Consultant Study 4451 $1,08B 78 Acme&Sons Sanitation Sanitation Services 4452 $20.29 ADT Security Services Burglar Alarm Service 4453 $237.93 All Chemical Disposal, Inc. Chemical Identification Services 4454 $1,123.91 Allied Auto Works Vehicle Service and Repairs 4455 $272.16 ANG Newspapers Legal Advertisement-EIR 4456 $484.14 AT&T Wireless Cellular Phone Service 4457 $8,189.58 Barg Coffin Lewis&Trapp Legal Services-Guadalupe Watershed 4458 $655.12 Beck's Shoes Inc. Uniform Shoes 4459 $6,990.70 BNY Western Trust Company Note Paying Agent Fees 4460 $244.98 Browning-Ferris Industries Refuse Services 4461 $92.61 Butler's Uniforms Uniform Expense 4462 $190.45 California Water Service Company Water Service 4463 $6,380.31 Carter Industries Truck Utility Boxes 4464 $1,238.93 Cascade Fire Equipment Company Field Supplies 4465 $35.07 Cotterel,Scott Reimbursement-Uniform Expense 4466 $11.90 Foster Brothers Keys&Locks 4467 $8,347.50 Freyer&Laureta,Inc. Consulting Services-Old Page Mill RD&Windy Hill 4468 $67.57 G&K Service Shop Towel Service 4469 $419.66 Glenn Young Picture Framing-Bear Creek Event 4470 $902.76 Goodco Press,Inc. Printing Services&Business Cards 4471 $80.00 Hooper,Stan Reimbursement-Color Print-Staff Recognition 4472 $162.38 Indoff Incorporated Office Furniture-Planning Department 4473 $5,926.50 Jakaby Engineering Consulting Services-Virginia Mill Trail-ECDMC 4474 $50.00 Jim Davis Auto Vehicle Smog Tests 4475 $2,500.00 Kier&Wright Civil Eng.&Surveyors,Inc. Consulting Services-Monte Bello OSP 4476 $3,028.92 Locus Technologies Legal Services-Guadalupe River Watershed 4477 $614.00 Los Altos Garbage Co. Refuse Services 4478 $123.99 MCI Long Distance Telephone Service 4479 $55.00 Nitz,Ken Reim.Conference-Committee for Green Foothills 4480 $12.685.80 Nolan,Zinn,and Associates Consulting Services-Sierra Azul&ECDMC 4481 $1,667.48 *1 Office Depot Office Supplies 4482 $352.00 Office Team Front Desk Temporary Help 4483 $1,582.52 Pacific Bell Telephone Service 4484 $535.94 Pacific Water Systems Water Supplies-Enterprise Rental 4485 $144.46 PhotoTime Scanning of Slides for Coastal Power Point Presentation 4486 $487.90 PIP Printing Volunteer Newsletters&Purchase Order Forms 4487 $6,150.00 Platinum Roofing,Inc. Re-roofing-Skyline Rental Unit 4488 $769.85 QuantumLink Communications Long Distance Telephone Service 4489 $36.13 Rayne Water Conditioner Rental 4490 $3,417.44 Remington,Eric Wildlife Consultant 4491 $210.00 Rene Hardoy Repair-Sprinkler System-Skyline 4492 $39.36 Robert's Hardware Field Supplies&Equipment 4493 $1,744.10 Roy's Repair Service Vehicle Repairs&Service 4494 $168.87 Safety Kleen Oil Recycling 4495 $51.93 San Mateo County Times Subscription 4496 $44.00 Santa Clara County-Office of Sherriff Fingerprinting Page I of 2 Claims No. 02-15 Meeting 02-19 Date 09/25/02 Revised Midpeninsula Regional Open Space District # Amount Name Description ai 4497 $670.34 *2 Shell Credit Card Center Fuel 4498 $215.45 Skyline County Water District Water Service 4499 $85.21 Stevens Creek Dodge Vehicle Supplies 4500 $800.00 System for Public Safety Recruitment-Background Research 4501 $114.24 Tony&Albas Pizza Local Business Meeting Expense 4502 $11.04 United States Postmaster Postage 4503 $141.68 Valley Automatic Gate Service Gate-Rancho San Antonio 4504 $510.94 West Tek Supply,Inc. Plumbing Supplies 4505 $1,155.32 Winters,Krug&Delbon Legal Fee's-Paulin Acquisition 4506 R $198.00 A-ABCO Rents Volunteer Recognition Event Supplies 4507 R $50.13 Dyna-Med/Galls Incorporated First Aid Supplies 4508 R $5,178.20 First Bankcard 98.13- Local Bus.Meeting 2135.03-Training&Conf.Exp. 141.28- Internet Ser. 107.25- Field Equip.Supp.&Uniform Exp. 2150.02-Special Event Supplies&Prizes 232.20- Building Permit 314.29-Office Supplies 4509 R $206.17 Green Waste Recovery,Inc. Garbage Service 4510R $57.59 Maciel,John Reimbursement-Local Business Meeting 4511 R $489.39 Micro Gear,Inc. Portable Overhead Projector 4512 R $321.58 Petty Cash Conference&Training Expense,Office&Field Supplies, Vehicle Mileage Reimbursement,Volunteer Supplies. Out of Town&Local Bus.Meeting Expense 4513 R $372.10 Pine Cone Lumber Lumber 4514 R $450.00 Smith,Malcom Public Affairs Consultant 4515 R $5,000.00 Weintraub,David Photo License Total $104,790.50 1 Urgent Check Issued 9/17/02 *2 Urgent Check Issued 9/17/02 Page 2 of 2 Regional Open S, -ce A MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 02-20 SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS October 9, 2002 MINUTES SPECIAL MEETING I. ROLL CALL Vice President Nonette Hanko called the meeting to order at 6:30 p.m. Members Present: Jed Cyr, Mary Davey, Nonette Hanko,Ken Nitz, Pete Siemens, and Deane Little(arrived at 7:15 p.m.). Members Absent: Larry Hassett. Staff Present: Craig Britton, Sue Schectman, Mike Williams, John Escobar, Duncan Simmons, Tom Fischer, and Del Woods. H. CLOSED SESSION N. Hanko stated that the Board would adjourn to Closed Session to discuss Closed Session Agenda Items 1, 2, 3, and 4. The Board recessed to Closed Session at 6:30 p.m. and the Closed Session commenced at 6:31 p.m. The Board concluded the Closed Session at 7:25 p.m. REGULAR MEETING M. D. Little called the Regular Meeting to order at 7:30 p.m. He announced that the Board had discussed Closed Session Agenda Items 1, 2, 3, and 4 in Closed Session and that no reportable actions had taken place. He said the Board would reconvene in Closed Session following the Regular Meeting. Additional Staff Present: Sally Thielfoldt. IV. ORAL COMMUNICATIONS—There were none. 330 Distel Circle a Los Altos,CA 94022-1404 • Phone:650-691-1200 Fax:650-691-0485 - E-mail:mrosd@openspace.org •web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, Deane Little, Nonette Hanko, Larry Hassett,Kenneth C. Nitz •General Manager:L.Craig Britton Meeting 02-20 Page 2 V. ADOPTION OF AGENDA Motion: M. Davey moved that the Board adopt the agenda. P. Siemens seconded and the motion passed 6 to 0. V1. ADOPTION OF CONSENT CALENI)AR K. Nitz removed Agenda Item 1, Authorization to Reject all Bids Received September 10, 2002 for Construction of the Jacques Ridge Staging Area at Sierra Azul Open Space Preserve: Authorize Staff to L?,qiect all Bids Received for Construction of the Jaggues Ridge Staging Area, Authorize Staff to Solicit New Bids for Construction of the Jacques Ridge Staging Area at Sierra Azul Open Space Preserve. Staff answered a question regarding Claim#4532 (Legislative breakfast). Ma ion: N. Hanko moved that the Board adopt the Consent Calendar, including Revised Claims 02-16. M. Davey seconded the motion. The motion passed 6 to 0(N. Hanko abstained on Claim#4582). VH. BOARD BUSINESS A. Agenda Item No. 1, Authorization to Reject all Bids Received September 10, 2002 for Construction of the Jacques Ridge Staging Area at Sierra Azul Open Space Preserve-, Authorize Staff to Reject all Bids Received for Construction o the Jacques Ridge Staging Area, Authorize Staff to Solicit New Bids far Construction of the Jacques Ridge Staging Area at Sierra Azul Open Space Preserve—(Report R-02-107). C. Britton said there were two bidders. He said the District was led to believe that the permitting process would be easier than it was, but he thought this worked out for the best because the District's project would be built at the same time as Santa Clara County. Motion: K. Nitz moved that the Board authorize staff to reject all bids received for construction of the Jacques Ridge Staging Area at Sierra Azul Open Space Preserve on September 10, 2002; and authorize staff to solicit new bids for construction of the Jacques Ridge Staging Area at Sierra Azul Open Space Preserve. J. Cyr seconded the motion. The motion passed 6 to 0. VIII. INFORMATIONAL REPORTS M. Davey: 1. She had the annual report from the assessor showing Stanford's assessed valuation was up to $3.2 billion. The Board of Supervisors had asked Stanford to do an EIR on nine trails, and the University refused. Negotiations continue. 2. The volunteer event was a wonderful party. Meeting 02-20 Page 31 K. Nitz: 1. He agreed that the volunteer event was wonderful. 2. There are Oak Leaf Moth caterpillars at Pulgas. 3. He hiked at Windy Hill this week and moths are there as well. P. Siemens said he enjoyed the volunteer party and it was very well done. J. Cyr: 1. He agreed regarding the volunteer event. 2. He joined D. Little and M. Davey at the Deer Hollow event. D. Little: 1. He talked about the Deer Hollow Farm picnic. 2. He attended a fundraiser for J. Simitian on October 8. He talked about Simitian's program called, "There Ought to be a Law." He thought the District might want to contribute some ideas to the program. 3. He had been doing a lot of reading about yellow star thistle and has some ideas he would like to have field tested this winter. C. Britton: 1. Regarding legislation, the District does put together a program each session. 2. He talked about the clippings, including the article about his 25 years of service, the article about Save the Bay(Site 25 does not show the District's preserve); he had spoken with Senator Feinstein's office, an article regarding airport expansion, an op ed piece regarding Site 25, he spoke to Mr. Jenkins from the Army Core of Engineers regarding Mt. Umunhum, an article that talked about the Portola Valley Trail Plan which stated that Stanford has no intention of allowing general public access in these areas, and an article including a statement that the Olympic village would be at Moffett if the 2012 Olympics come to the Bay Area. 3. He pointed out in the claims items paid between the amounts of$10,000 and $25,000. Board Members agreed with this method of reporting such items. 4. He advised the Board that he had issued a Permit to Enter at Moffett for the Navy and their contractor to do testing. 5. California Conservation Campaign literature included copies of Propositions 50 and 51. 6. Stevens Creek Trail and Wildlife Corridor Reach 4 event will be this Saturday. 7. The Thomas Ford Awards will be October 24, and M. Davey is one of the nominees. 8. He passed out the audit report and said the management letter had not yet arrived. S. Schectman: 1. The District was successful in court on the Pezzoli matter. 2. The Amicus letter was filed in the Johnston case involving the Sonoma County Open Space District. J. Escobar: 1. Before the Saturday volunteer event, the barn was open for the neighborhood to come in and tour. About 50 people attended and spoke positively about being neighbors of the District. Members of the Glass family were there, as well as Nancy Stoltz, the historian who did the research work on the barn. He talked about a group that arrived in a wagon pulled by Clydesdales. K. Nitz commented that the Board should have been invited to that portion of the event. 2. Supervisor Liz Kniss signed certificates of appreciation to be given at the Deer Hollow event. 3. There had been an attempted arson fire at Rancho San Antonio on October 8. 4. A relief pressure valve had opened at Pulgas and 600 feet of trail was destroyed by water; the Hetch Hetchy water company has taken full responsibility. i Meeting 02-20 Page 4 President D. Little announced that the Board would reconvene in Closed Session and continue discussion of Closed Session Agenda Items No. 1 -4. X. ADJOURNMENT At 8:07 p.m., the meeting was adjourned to Special Meeting Closed Session. h Special Meeting Closed ion was reconvened at 8:12 .m. and concluded at 8:55 The S e Session P P g p.m. No reportable action was taken. Roberta Wolfe Recording Secretary I i | . | / , Claims No. Q2-10 Meeting 02-20 Date 10/902 Revised � Midpeninsula RegionnYOpen Space District # Amount Name Description � 45'' $rVnDV Aaron's Septic Tank Service Sanitation Services 45 $145J8 ADT Security Services Burglar Alarm Service � 4u�o %353.80 A]|icoCummingm cnnouumgSer,ice-Pbotog,aphy 4519 $569.93 Allied Auto Works Vehicle Service and Repairs � � 4520 $500.00 American Tower Corporation Radio Repeater'Coyote Peak . � 4521 $138,79 xmunoes Propane � 4522 *e.Vo oaxe,.Kurt Refund'Camping Cancellation i � 4523 $86.44 Barron Park Supply Cu,. Inc. Plumbing Supplies 4524 $2.787.00 Big Creek Lumber Lumber for Bay Tree Project'Rancho San Antonio 4525 %395.25 am'e Towing&Recovery Tow Truck pees � 4526 $2.537.00 Bwv Western Trust Company mmo Paying Agent Feeo'19e9 Notes-%nd.|oovu � � 4527 $250.04 Bowerman Electric Electric Repairs'Skyline Rental 4528 *140.00 CA Park&Recreation Society Membership � 4523 $730.80 Camino Medical Group Medical Services � 4530 $4 |V�78 Ca�er|nu�w�neu vummnP�xa�Supnoos . � � 4531 $224.11 Cascade Fire Equipment Company Field Supplies 4532 $92.00 City orBrisbane Conference Reg,w.Honko.M.Dovey.J.Cx.C.Bhunn � 4533 $8.80 ^1 Clark County Health District Rnuvumw Document 453* $220.1* Cvutuo Supplies 4535 $1837 Cupertino Bike Shop Bicycle Supplies 4536 $80.00 De!Rey Building Maintenance L\QmRepairs'Ma/n Office 4537 $1.037.85 Design Concepts Posters nfVisitors Man 4538 $750.00 Emily and Associates Personnel Training 453e $421.98 Escobar,John Raimbvraoment-ConfemnmeMi|aagn 4540 $837.18 Expane*s Telephone System Maint&Lease 454/ $263.4* redm,u| Express Express Mailing 4542 $1./5910 `2 F/m\8ankcam 5H7.00-TraininQ&ConiExp. 1VV.ge-Internet Ser. 377.7*-Field Equip. Su &VnihannEvp. � 75.00 -Subscriptions&Books 4543 $48120 Foster Brothers Keys&Locks 45*4 $67.57 o&wService Shop Towel Service . � 45*5 $1.298.08 GM|West LLC Rental Equip.Road Maintenance'Foothills 4540 $680.68 GmoduoP,ess.Inc. Printing Services 45*7 $88.10 Grainger,Inc. Field Supplies � � 4548 $460.00 Green Waste Recovery, Inc. Garbage Senxom 45*9 $1.200.00 Heather Heights Roads Association Road Dues'aaratnoGap 4550 G18g�44 muvM)nnnrporatad Office pumuunu-P|enning Department � 4551 $3.894.17 June Leger Consulting Services-Habitat Conservation Grant Prep. � 4552 $350.00 Leeson,Dave Soda Spring Road Gate Upgrade � 4553 %3.237.50 ## Liobert Cassidy Whitmore Legal Services 4554 $2V�OV Los/VmTown Cmor Yearly Subscription � 4555 $99.� �n�ms��mogeRefuse Services � Co.� 4556 $84.35 Maduo Welding Supplies � 4557 $13.61 MCI Long Distance Telephone Service 4558 $110.38 wwgaPathmetworks Internet Connection'DSL Line SFO 4558 $75*�65 MetmMobUeCommunicoVons Radio Repairs&Maintenance 4560 $1r13 Mmmn'u Lumber&Supply Fie|dSupp|ien Page,uc � Claims No. 02-16 Meeting 02-20 Date 10/9/02 Revised Midpeninsula Regional Open Space District # Amount Name Description 4561 $309.00 Moun+ain View Optometry Safety Supplies 4562 $910-00 NRPA Pacificlservice Center Conference Reg Nlli,haui Newburn 4563 $423.42 Pacific Bell Telephone Service 4564 $60.00 *3 Peet's Coffee Red Bann Event Supplies 4565 $245.04 Peninsula Digital Imaging Maps&Copies for Jacques Ridge Bid Sets 4566 $333.19 PhotoTime Scanning of Slides for District Display 4567 $281.69 PIP Printing Maps Printing-El Corte de Madera 4568 $235.00 Precise Mailing,Inc. Postage 4569 $22.50 Rancho Hardware&Garden Shop Field Supplie's 4170 $1,581*82 Redwood General Tire Co,,Inc, Tire Repair and Tires 4571 $180.56 Reed&Graham,Inc. Hay Bales for Trail Restoration 4572 $3,000.00 Reserve Account Postage-Postage Meter 4573 $1,115.91 Roy's Repair Service Vehicle Repairs&Service 4574 S40.58 San Jose Mercury News Yearly Subscription 4575 $345.88 *4 Santa Clara County HHW Hazardous Waste Removal 4576 $44.00 Santa Clara County-Office of Sherriff Fingerprinting 4577 $5,967.57 Scotts Valley Sprinkler&Pipe Supply I Saratoga Gap Water System Replacement 4578 $4,840.39 Scotts Valley Sprinkler&Pipe Supply 2 Saratoga Gap Water System Replacement 4579 $488.68 Stevens Creek Quarry,Inc. Base Rock for Wild Cat Trail 4580 $1,068.16 Summit Uniforms Uniform Expense 4581 $278.78 Tires on the Go Vehicle Tires 4582 $290.93 United Rentals Highway Tech. Equipment Rental 4583 $51.28 Verizon Pager Service 4584 $200.00 Woodside&Portola Private Patrol Patrol Services-Windy Hill 4585 $50.64 Yolo County Res.Conservation Dist. Books&Posters 4586 R $671.15 CDW Government,Inc. MS Exchange Server A587 R $488.55 Petty Cash Conference&Training Expense,Office&Field Supplies, Vehicle Mileage Reimbursement,Volunteer Supplies, Out of Town&Local Bus.Meeting Expense 4588 R $65.52 Roessler,Cindy Reimbursement-Mileage 4589 R $720.00 Society for Ecological Restoration Conference Registration-C. Roessler,G.Kern,K.Howard 4590 R $70.00 South Bay Regional Public Safety Training-F.Reneau 4591 R $9,000.00 Weintraub,David District Book`Authorshlp Total $64,953.70 1 Urgent Check Issued 10/1/02 '2 Urgent Check Issued 10/1/02 *3 Urgent Check Issued 10/2/02 *4 Urgent Check Issued 10/2102 A4 Expenditures to Date Exceed I OK But Not 25K of 2 Regional Open 5r -ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 02-21 SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS October 23, 2002 MINUTES SPECIAL MEETING I. ROLL CALL President Deane Little called the meeting to order at 6:33 p.m. Members Present: Jed Cyr, Mary Davey, Nonette Hanko,Larry Hassett, Ken Nitz, Pete Siemens, and Deane Little Members Absent: None i Staff Present: Craig Britton, Sue Schectman, John Escobar, David Sanguinetti, Matt Freeman, and Cathy Woodbury H. CLOSED SESSION D. Little stated that the Board would adjourn to Closed Session to discuss Closed Session Agenda Items 1 and 2. The Board recessed to Closed Session at 6:35 p.m. and the Closed Session commenced at 6:35 p.m. The Board concluded the Closed Session at 7:29 p.m. I REGULAR MEETING III. D. Little called the Regular Meeting to order at 7:33 p.m. He announced that the Board had discussed Closed Session Agenda Items 1 and 2 in Closed Session and that no reportable actions had taken place. The Board would reconvene in Closed Session following the Regular Meeting. Additional Staff Present: Gordon Baillie, Cathy Woodbury, Stephanie Jensen, Lisa Zadek, and David Sanguinetti IV. ORAL COMMUNICATIONS—There were none. V. ADOPTION OF AGENDA 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 Meeting 02-21 Page 2 Motion: J. Cyr moved that the Board adopt the agenda. L. Hassett seconded and the motion passed 7 to 0. VL ADOPTION OF CONSENT CALENDAR K. Nitz removed Agenda Item 4,District 30th Anniversa[y Update and Authorizatign to PU the Partial Cost of 30th Anniv_ersa[y Dinner Tickets for District Employees to b Recovered Through Donations or to be Paid from Already-Budgeted FY 2002-2003 3 Anniversafy Funds, in a Total Amount Not to Exceed $1.200; and Agenda Item 6, Authorize Staff to Reject All Bids Received September 12, 2002 for Construction of the Maintenance Shop Building for the Foothills Field Office; Authorize Staff to Solicit New Bids for the Foothills Field Office at Rancho San Antonio Open Space Preserve, Staff answered questions regarding Claim 4655 for pig control services, stating that no pigs had been taken. Motion: J. Cyr moved that the Board adopt the Consent Calendar, including the minutes of the Regular Meeting of June 12, 2002, and the Special and Regular Meetings of September 11, 2002; Agenda Item 5, Annual Seasonal Trail Closures Informational Report:Review and Comment o Proposed Trail Closures.No Formal Board Action i5 Required; Agenda Item 7, Scheduling Board Meetings in November and December-2002. !Cancel your November 27, 2002 Regular Meeting, !Cancel your December 25, 2002 Regular Meeting; and Revised Claims 02-17. P. Siemens seconded the motion. The motion passed 7 to 0. VII. BOARD BUSINESS A. Agenda Item No. I — Consideration to Adopt a Resolution Honoring the Marin County Open Space District Upon the Qcci! ion of its 30th Anniversary—(Report R-02-1141 Motion: N. Hanko moved that the Board adopt Resolution No. 0233, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Honoring the Marin County Open Space District Upon the Occasion of its 300' Anniversary. M. Davey seconded the motion. The motion passed 7 to 0. B. Agenda Item No. 2- Consideration to Adopt a Resolution Honoring the Monterey County Open Space District Upon the Occasion of its 30th Annivers4a (Report R-02-115). Motion: N. Hanko moved that the Board adopt Resolution No. 02-35, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Honoring the Monterey Peninsula Regional Park District Upon the Occasion of its 30P Anniversary. M. Davey seconded the motion. The motion passed 7 to 0. Meeting 02-21 Page 3 C. Agenda Item No. 3—Consideration of a Resolutign Supporting Proposition 50 on the November 5. 2002 Statewide Ballot—(Report R-02-117). C. Britton told why the District is interested in this proposition. He said the District has always supported water bonds and this fits into what the District is trying to accomplish. Motion: N. Hanko moved that the Board adopt Resolution No. 02-36, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Supporting Proposition 50 on the November 5, 2002 Statewide Ballot. M. Davey seconded the motion. The motion passed 7 to 0. D. Agenda Item No. 4- District 30th Anniversary Update and Authorization to Pay the Partial Cost of 30th Anniversary Dinner Tickets for District Employees to be Recovered Through Donations or to be Paid from Already-Budgeted FY 2002- 2003 30th Anniversary Funds, in a Total Amount Not to Exceed $1,200— Report R-02-11U. K. Nitz said he did not understand the proposal. C. Britton clarified that it had been done for the International Open Space Conference in 1990. He said he thought the District would reach the $10,000 level of donations. S. Jensen said staff is asking the District to supplement the cost of tickets for employees. C. Britton said the amount of$1,200 would cover approximately 80 people at the reduced amount. S. Jensen provided an update on the event, noting that 800 invitations had been mailed, and the venue can accommodate 400 people. Several positive responses had been received already. Motion: K. Nitz moved that the Board accept the update regarding the District's 30th Anniversary dinner plans; and authorize payment of the partial cost of the dinner ticket for employees, not to exceed $1,200. P. Siemens seconded the motion. The motion passed 7 to 0. E. Agenda Item No. 6 - Authorize Staff to Reject All Bids Received September 12. 2002 for Construction of the Maintenance Shop Building for the Foothills Field Office, Authorize Staff to Solicit New Bids for the Foothills Field Office at Rancho San Antonio Open Space Preserve—(Report R-02-112). K. Nitz stated that he had pulled this item because a pattern of being overpriced was being formed. C. Woodbury informed him that they have asked the architect to look at the plans and identify areas that need clarification and perhaps suggest a different approach that might be more cost effective. Meeting 02-21 Page 4 Motion: K. Nitz moved that the Board authorize staff to reject all bids received for construction of the Maintenance Shop Building for the Foothills Field Office at Rancho San Antonio Open Space Preserve; and authorize staff to solicit new bids. J. Cyr seconded the motion. The motion passed 7 to 0. VI I. INFORMATIONAL REPORTS J. Cyr attended the legislative breakfast in San Mateo County, Two area legislators were there, Joe Simitian and Jackie Speier. L. Hassett commented that his opponent had received an endorsement for his bid for a position on the hospital district board. N. Hanko also attended the legislative breakfast and said she wished Santa Clara County would do the same thing. She said it was an opportunity for great networking, and the two legislators are so competent. K. Nitz: 1. He participated in a Director's hike in La Honda Open Space Preserve. He said he answered lots of questions and talked about the coastal expansion. 2. He observed the cutting of acacia at Mills Creek Open Space Preserve. He said it would probably take another year to complete the cutting. 2. The Oak Moths are at Purisima and El Corte de Madera. M. Davey: 1. She also enjoyed the legislative breakfast. 2. She pointed out an article in the newspaper regarding Stanford Trails. Liz Kniss is trying to negotiate behind the scenes. 3. She had a brochure about the Los Altos Hills initiative to protect open space in the town. 4. POST has purchased the Bressler property, and she thought they would make sure that Palo Alto would raise the money to complete the Arastradero preserve. P. Siemens went camping with his daughter's class in the Presidio. He talked about some of the activities including a docent-lead hike and talk about invasive species. He said he thought the cost was a little high. M. Davey informed him that she had attended a meeting of the Bay Area Ridge Trail Council at the Presidio and learned that the Presidio has to support itself with money from the public. N. Hanko asked M. Davey to report on what the Ridge Trail Council is doing. D. Little said he has become involved in the invasive problem in Africa, specifically Bidenspeloso. The group he is working with will put together a grant proposal to pursue some bio-control events. C. Britton: 1. The FYIs included a Notice of Categorical Exemption that he had signed on the El Sereno project. 2. The District now has 47,004 total acres with the close of the Daloia acquisition. 3. He referred to the item in the FYIs regarding the Fair Political Practices Commission bi-annual update of the District's Conflict of Interest Code. 4. He had invited Ralph Heim to the December 11 meeting to talk about legislation. 5. The Coastal Conservancy will be considering the District's $2,050,000 grant for the purchase I Meeting 02-21 Page 5 ofMiramontes Ridge property from POST on October 30. 6. He said he thought the legislative breakfast was one of the best they had been to. He said he would ask Ralph Heim to address the State budget at the December 11 meeting. He said the legislators talked about the changes that would be taking place in Sacramento, including raising of fees. 7. The District had received the first endorsement of the annexation from Silicon Valley Manufacturing Group. S. Schectman: 1. She referred to a letter from the Monterey Regional Park District which had joined the District in asking the Supreme Court to de-publish the Sonoma County case. 2. She talked to the new attorney for the Santa Clara Open Space Authority, Bill Parkins. Santa Clara has been sued by the Howard Jarvis Taxpayers., Association regarding their recent assessment district. She explained what the principal legal challenges were and said she would be watching this. n h National Recreation and Parks Association conference in Escobar: 1. He attended thea a J. Tampa. He handed out information on PROS (Park, Recreation and Open Space Cooperatives) and said their conference would be held next year in Los Angeles. 2. While at the conference, he attended the Special Districts Forum breakfast which is the preview of the Special Districts Forum conference which will be held June 9-13 in Victoria and Vancouver, British Columbia. G. Baillie provided an update on the Russian Ridge burn, noting that an 80-acre burn is scheduled for November 6 with November 7 and 8 as backup dates. J. Escobar talked about the event planned for this Friday at the Tafoni deck. S. Jensen: 1. They are preparing training for the largest crew leadership training ever. 2. There have been articles in the newspaper about the family fun programs at the nature center, and there has been great attendance at those events. 3. They have introduced video into their PowerPoint presentations. IX. ADJOURNMENT I At 8:17 p.m., the meeting was adjourned to the Special Meeting Closed Session to discuss Items 1 and 2. The Closed Session commenced at 8:25 p.m. and concluded at 8:35 p.m. No reportable action was taken. Roberta Wolfe Recording Secretary Claims No. 02-17 Meeting 02-21 Date 10/23/02 Revised Midpeninsula Regional Open Space District # Amount Name Description 4592 $12,749.05 2M Associates Coastal Annexation Consultant Study 4593 $1,300.00 Aaron's Septic Tank Service Sanitation Services 4594 $658.26 Acme&Sons Sanitation Sanitation Services 4595 $561.76 All Premium Promotional Products Staff Recognition Supplies 4596 $603.91 Allied Auto Works Vehicle Service and Repairs 4597 $19.41 AT&T Telephone Service 4598 $497.43 AT&T Wireless Cellular Phone Service 4599 $62.35 Bankosh,Michael Reimbursement-Uniform Expense 4600 $2,500.00 Bay Area Open Space Council Annual Pledged Support-Greenbelt Alliance 4601 $83.16 Board of Equilization Fuel Tax for Diesel 4602 $122.49 Browning-Ferris Industries Refuse Services 4603 $500.00 -1 CA Regional Water Quality Control 401 Permit Application Board 4604 _$4416-06 Void Ca.Soc.of Municipal Finance Officers Conference-Financial Seminar-S.Thielfoldt 4605 $172.39 California Water Service Company Water Service 4606 $11136 Capital Enquiry,Inc. CA District Map&2002 US Congress Directory 4607 $878.14 Cascade Fire Equipment Company Field Supplies 4608 $276.95 Cole Supply Co.,Inc. Sanitation Services 4609 $2,975.00 Concern Training-Substance Abuse 4610 $510.00 Dillingham Associates Consulting Services-Jacques Ridge Staging Area 4611 $2,110.88 Divine Catering Catering Services for Volunteer Recognition Event 4612 $311.26 Emergency Vehicle Systems Equipment Repairs 4613 $75.00 Evergreen Hazardous Waste Removal Service-Used Oil 4614 $120.09 Fitzsimons,Renee Reim.-Event&Meeting/Training Supplies 4615 $419.05 Foster Brothers Keys&Locks 4616 $5,792.50 Freyer&Laureta,Inc. Consulting Services-Old Page Mill RD&Windy Hill 4617 $479.08 Gardenland Power Equipment Field Supplies&Equipment 4618 $11,557.53 Gilpin Geosciences,Inc. Consulting Services-ECDMC&Pursima Creek 4619 $563.21 Hawkins Traffic Safety Supply Stop Signs for Preserve Boundaries 4620 $555.07 *2 Home Depot,Inc. Field Supplies&Equipment 4621 $114.55 Hyster Sales Company Bobcat Equipment Parts 4622 $4,293.81 Jakaby Engineering Consulting Services-Virginia Mill Trail-ECDMC 4623 $36.26 Keeble&Shuchat Photography Photo Processing&Frames 4624 $182.42 Kinko's Printing Services 4625 $112.19 Kwik Key Lock&Safe Co.Inc. Keys&Locks 4626 $201.36 Langley Hill Quarry Trail Restoration Material 4627 $2,325.00 Llebert Cassidy Whitmore Legal Services 4628 $346.61 Los Altos Garbage CO. Refuse Services 4629 $1,130.99 Maacci Vehicle Repairs 4630 $1,900.00 Macias,Gini&Company Auditor Services 4631 $358.88 Maciell,John Reimbursement-Conference Exp.-Leadership Training 4632 $98.00 MetroMobile Communications Radio Repairs&Maintenance 4633 $202.43 Miller,Ken Reimbursement-Uniform Expense 4634 $17.06 Minton's Lumber&Supply Field Supplies 4635 $610.53 Moffett Supply Company Sanitation Services 4636 $125.00 Moreland&Associates,Inc. Conference-Financial Seminar-S.Thielfoldt 4637 $966.90 *3 Office Depot Office Supplies 4638 $1,181.63 *4 Orchard Supply Hardware Field Equipment&Supplies a,,,, of 3 Claims No. 02-17 Meeting 02-21 Date 10/23/02 Revised Midpeninsula Regional Open Space District # Amount Name Description 4639 $1,505.97 Pacific Bell Telephone Service 4640 $995.13 Pacific Geotfthnical Engineering Geotechnical Eng. Services-Lower Windy Hill 4641 $1,875.58 Pacific Water Systems Water Supplies-Enterprise Rental 4642 $2,435.91 *5 Panko Architects Architectural Service-FRO Shop Facility 4643 $40.05 Paterson,Loro Reimbursement-Uniform Expense 4644 $21,25 PhotoTime Slide Duplicates 4645 $474.77 PIP Printing Map Printing-El Corte de Madera 4646 $5,390.50 Rana Creek Habitat Restoration Native Grass&Wild Flower Seed 4647 $7.50 Rancho Cobbler&Cleaners Boot Repair* 4648 $324.00 Ray L.Hellwig Services,Co.,Inc. HVAC Repair-Admin.Office&Tenant Space 4649 $36.13 Rayne Water Conditioner Rental 4650 $2,616.88 Roberts&Brune Go. Bollards-La Honda Residence Propane 4651 $138.02 Roto-Rooter Drain Service Floor Drain Check-Admin.Office 4652 $259.12 RV Cloud Plumbing Supplies 4653 $708.05 San Jose Water Company Water Service 4654 $242.16 Scotts Valley Sprinkler&Pipe Supply Saratoga Gap Water System Replacement 4655 $2,832.00 Seaver,Richard DBA Rural Pig Mgmnt Pig Control Services 4656 $728.76 Shell Credit Card Center Fuel 4657 $270.75 Sideman&Bancroft LLP Legal Services 4658 $170.49 Skyline County Water District Water Service 4659 $25.74 Skywood Trading Post Fuel 4660 $1,449.68 Soma Ergonomics,Inc. Office Furniture 4661 $125.40 *6 Sonia Deli Local Business Meeting 4662 $30.69 Specialty Truck Parts,Inc. Vehicle Parts 4663 $340.40 Stevens Creek Dodge Vehicle Supplies 4664 $192.69 Summit Uniforms Uniform Expense 4665 $662.88 Tadco Supply Janitorial Supplies 4666 $5,426.10 Timothy C.Best,CEG Consulting Services-Road AssessmentlECDM 4667 $30.00 Tires on the Go Vehicle Tires 4668 $104.50 Tony&Albas Pizza Local Business Meeting Expense 4669 $58.88 Union 76 Fuel Expense 4670 $5.72 United Parcel Service Parcel Shipping 4671 $5,426.61 United Rentals Highway Tech. Equipment Rental 4672 $750.00 Valley Tree Care Tree Trimming-Rancho San Antonio 4673 $73.73 Welaratna,Sumudu Reimbursement-Mileage 4674 $1,502.00 Westfall Engineers,Inc. Consulting Services-Sierra Azul McKanney Addition 4675 $119.72 Williams,Mike Reimbursement-Mileage&Fuel 4676 $300.00 Wolfe,Roberta Recording Services 4677 $793.00 Woods,Del Reimbursement-Land Trust Rally Conference 4678 $100.96 Xpedite System,Inc. Fax Broadcast Systems Services 4679 R $373.29 Escobar,John Reimbursement-NRPA-Conference Exp. 4680 R $111.15 Federal Express Express Mailing 4681 R $35.07 Howard,Kelly Reimbursement-Uniform 4682 R $72.58 MCI Long Distance Telephone Service 4683 R $910.00 NRPA Pacific Service Center Conference Reg.-David Sanguinetti 4684 R $547.04 Petty Cash Conference&Training Expense,Office&Field Supplies, Vehicle Mileage Reimbursement,Volunteer Supplies, Out of Town&Local Bus. Meeting Expense Page 2 of 3 Claims No. 02-17 Meeting 02-21 Date 10/23/02 Revised Midpeninsula Regional Open Space District # Amount Name Description 4685 R $100.00 Spectrum Resources Prepare&File FCC License for District Radio Frequency 4686 R $1'000.00 The Historic Del Monte Building Deposit for 30th Anniversary Event 4687 R $4,206.25 Timothy C.Best,CEG Consulting Services-Aldercroft Creek Encroachment 4688 R $300.00 Wolfe,Roberta Recording Services Total $107,148.05 •1 Urgent Check Issued 10/15102 Void *2 Urgent Check Issued 10/15/02 *3 Urgent Check Issued 10/15/02 •4 Urgent Check Issued 10/15/02 *5 Urgent Check Issued 10110/02 •6 Urgent Check Issued 10/16102 Page 3 of 3 Regional Open S, ce -------------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-02-125 Meeting 02-22 November 13, 2002 AGENDA ITEM I AGENDA ITEM Consideration to Adopt a Resolution Commending the onorable oe Simitian GENERAL MANAGER'S RECOMMENDATION Adopt the attached resolution, commending State Assembly Member Joe Simitian for his extraordinary environmental efforts and achievements, especially on behalf of the Midpeninsula Regional Open Space District. DISCUSSION The District has had the great fortune of being represented by and has enjoyed a supportive relationship with the Honorable S. Joseph Simitian, who has served in the State legislature since 2000, as a member of the State Assembly, representing the 21 st District, which includes the majority of territory within the District's boundaries. Assemblyman Simitian, serving as a council member for the City of Palo Alto, a member of the Santa Clara County Board of Supervisors, and now currently in the State legislature, has consistently worked to assist the District in achieving its mission of acquiring, protecting, and restoring open space. Most notably in the past two years,Assemblyman Simitian authored Assembly Bill 953, allowing the District and other open space agencies to exchange easements, as it does with real property, and increasing the monetary limit of administrative approved contracts. This legislation assists the District and other open space agencies in its ability to conduct business more efficiently and in the best interest of the public and in preserving open space lands. Assemblyman Simitian has also played a key role in defending and protecting the District's funding during the recent State budget crisis, allowing the District to continue its ongoing goal of open space preservation. The District is indeed fortunate to be represented by Assemblyman Simitian. As the District celebrates its 34th anniversary, it is appropriate to acknowledge and commend Assemblyman Simitian for his invaluable role in contributing to the success of the District in preserving over 47,000 acres, and offering educational and low-intensity recreational opportunities for its constituents and visitors. I Prepared by: Stephanie Jensen, Public Affairs Manager i Contact person: L. Craig Britton, General Manager 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 A 7 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 Commending the Honorable Joe Simitian WHEREAS,as part of its ongoing efforts to permanently preserve open space in the San Francisco peninsula area, the Midpeninsula Regional Open Space District works at the State level to secure additional funding,improve its tools and methods for acquiring land,and develop new means of protecting the public's investment in open space lands;and WHEREAS,in 2000,the Honorable S.Joseph Simitian was elected to the State Assembly to represent the 21 District,which includes the majority of territories within the jurisdiction of the District;and WHEREAS,as a member of the Palo Alto City Council,the Santa Clara County Board of Supervisors,and for the last two years as a State legislator,Assemblyman Simitian has consistently and diligently worked to assist the District in meeting its open space preservation goals; and WHEREAS,most notably,during the last two-year legislative session,Assemblyman Simitian authored,on behalf of the District and other open space agencies,Assembly Bill 953, sponsored by the District,which allows the District to exchange interests in easements, as it currently does with real property, as an additional means of optimizing its planning, enhancing its trail development opportunities, and facilitating its ability to conduct transactions in the best interest of the public; and also provides for a higher monetary limit on administrative approved contracts, again in order to maximize its ability to proceed most efficiently in preserving open space lands; and WHEREAS,further, Assemblyman Simitian played a key role in defending and protecting District funding during the recent, and ongoing, State budget crisis,thus preserving the District's ability to continue in its mission of open space preservation. Now,THEREFORE,BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District hereby honors and commends the Honorable Joe Simitian for his steadfast support of the District in his local,regional,and statewide leadership roles,for his exemplary work on Assembly Bill 953,providing the necessary tools for the District's continued success,and for his diligent efforts during the State budget crisis, during which his support of the District was a key element in preserving the District's funding; further,the Board expresses its sincere best wishes for the next legislative session and looks forward to the continuation of the valuable and gratifying partnership he and the District have established. Adopted by the Board of Directors November 13,2002 Regional Open S, ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-02-122 Meeting 02-22 November 13, 2002 AGENDA ITEM 2 AGENDA ITEM Resolution of the Board Commending Honorable Byron S er GENERAL MANAGER'S RECOMMENDA Adopt the attached resolution, commending State Senator Byron Sher for his extraordinat environmental efforts and achievements, especially on behalf of the Midpeninsula Regional Open Space District. DISCUSSION For nearly its entire 30-year existence,the District has had the great fortune of being represented by and has enjoyed a supportive relationship with the Honorable Byron Sher, who has served in the State legislature for 22 years,both as a member of the State Assembly,and currently as a State Senator. Senator Sher is renowned statewide for his extraordinary foresight and leadership in efforts to protect and restore California's, and in particular,the Bay Area's environmental health.His prescience, dedication,and effectiveness have resulted in passage of legislation and the establishment of programs to protect air and water quality, as well as to protect the State's wildlife, watersheds, and critical habitats for plants and animals. He has,over many years, continually demonstrated his commitment to the ideals and actions of the District,working in close partnership on issues of great importance to the District. Some of his finest efforts on behalf of regional open space preservation and management include his authorship in creating the San Francisco Bay Area Conservancy, from which millions of dollars have been provided for District acquisitions, including Bear Creek Redwoods Open Space Preserve; his excellent work in securing acquisition funds for the District from the State Wildlife Conservation Board; his support of Proposition 12 and other parks bond measures, which have provided the District with significant acquisition funds; his dedicated efforts in authoring many pieces of legislation on behalf of and to the benefit of the District; and his assistance in protection of the District's funding sources during times of State budget crises. The District is indeed fortunate to be represented by a true environmental leader, who has earned an impressive record according the League of Conservation Voters, as well as the esteem of dozens of environmental organizations and leaders statewide. As the District celebrates its 30th anniversary, it is appropriate to acknowledge and commend Senator Sher for his invaluable role in contributing to the success of the District in preserving over 47,000 acres and offering educational and low-intensity recreational opportunities for its constituents and visitors. Prepared by: Stephanie Jensen, Public Affairs Manager Contact person: L. Craig Britton, General Manager 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 RESOLUTION NO.02- Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Honoring and Commending State Senator Byron Sher WHEREAS,the Board of Directors of the Midpeninsula Regional Open Space District recognizes that in order to maximize the District's effectiveness and success in open space preservation,it must have the support of partners at the State level of government; and WHEREAS,for nearly its entire 30-year existence,the District has had the great fortune of being represented by and enjoying a productive,enjoyable,and extremely effective relationship with the Honorable Byron Sher,who has served in the State legislature for 22 years,who is currently a State senator,and who will,unfortunately be leaving that post in 2004;and WHEREAS,Senator Sher's ongoing legacy to his constituency and the entire State of California is characterized by a balanced and determined focus on environmental protection;preservation of the irreplaceable natural treasures that are so important to the everyday quality of life in the Bay Area,and that are the lifeblood of maintaining and protecting the State's wildlife,watersheds, and critical habitats for plants and animals,both common and rare;and WHEREAS,Senator Sher has continually shown his great dedication and commitment to the ideals and actions of the District, working in close partnership on many issues of enormous importance to the District's funding and ongoing work of open space preservation,including his crucial efforts in creating the San Francisco Bay Area Conservancy,from which millions of dollars have been provided for District acquisitions,including for Bear Creek Redwoods Open Space Preserve;his hard work in securing acquisition funds for the District from the State Wildlife Conservation Board;his support of Proposition 12 and other parks bond measures which have provided the District with significant acquisition funds;his dedicated efforts in authoring many pieces of legislation on behalf of and to the great benefit of the District,and his steadfast and earnest assistance in protecting the District's funding sources during times of State budget crises,to name just a few;and WHEREAS,among the examples of Senator Sher's personal dedication to environmental protection are the many pieces of State legislation he has authored and supported which are directed at protecting California's unique environment and natural resources,including the California Clean Air Act,the Integrated Waste Management Act,the Safe Drinking Water Act,the first law in the nation to prevent toxic contamination from leaking underground storage tanks,laws to strengthen the state's timber regulations,the Surface Mining and Reclamation Act,and legislation to add new rivers to California's Wild and Scenic River System;and WHEREAS,Senator Sher has further shown outstanding leadership in environmental protection,having served as chairman of the Joint Committee on Headwaters Forest,and currently serving as Chairman of the Senate Environmental Quality Committee. Now,THEREFORE,BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District proudly honors and commends the Honorable Byron Sher,and presents to him the District's first-ever Lifetime Commendation of the Board for his enthusiastic,tireless,and unwavering support of the District and its environmental ideals,for his personal dedication to the objectives and goals of the District,for his diligent and vigorous support of the District throughout his years of service in both his local and statewide leadership roles,and for his constant friendship and alliance with the District,which has been a major factor in the District's success. Adopted b the Board of Directors p Y November 13,2002 Regional Open S, ce 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-02-123 Meeting 02-22 November 13, 2002 AGENDA ITEM 3 AGENDA ITEM Consideration to Adopt a Resolution HonoLON ZCoen eninsula Open Space Trust Upon the Occasion of its 25th Anniversary GENERAL MANAGER'S RECOMMENDA Adopt a resolution, honoring Peninsula Open Space Trust this month, in celebration of its 25th anniversary. DISCUSSION Since its formation with District support in 1977, Peninsula Open Space Trust (POST)has surpassed all expectations of how it might serve as a non-profit partner in the preservation of scenic and irreplaceable peninsula open space lands. Indeed, over the past 25 years, POST has become a national leader and an extraordinary partner to the District, through its tremendously successful cultivation of community support and in its amazing fundraising work. I POST has preserved over 40,000 acres of peninsula foothills,bayfront, mountain, and coastal lands, thereby protecting valuable watersheds, aquatic, riparian, woodland, and grassland habitats, as well as coastside agricultural heritage and opportunities. With POST's assistance and collaboration, the District has been able to complete purchases and contribute to the beautiful open space preserves of Bear Creek Redwoods, Purisima Creek Redwoods, Windy Hill, and other open space preserves. The occasion of POST's 25th anniversary is truly one worthy of celebration by the District, which has so greatly benefited from POST's successful work. Prepared by: Stephanie Jensen, Public Affairs Manager Contact person: L. Craig Britton, General Manager 1 330 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 8=9 Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz • General Manager:L.Craig Britton RESOLUTION No.02- Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Honoring and Commending Peninsula Open Space Trust on the Occasion of its 25'h Anniversary WHEREAS,the Board of Directors of the Midpeninsula Regional Open Space District declares that the permanent protection and preservation of irreplaceable open space lands throughout the San Francisco peninsula region continues to be of great significance and priority,critical for the safeguarding of wildlife and its habitat,and absolutely crucial to the quality of life of the people who live and work in this region;and WHEREAS,the District recognizes that,in addition to its own efforts,those of private non-profit land trusts play a vital role in both acquisition of land,and also in engaging corporate and community involvement in helping to cultivate more enthusiastic support for and to finance land preservation on behalf of the public;and WHEREAS,with this in mind,in 1977 the District was instrumental in forming Peninsula Open Space Trust(POST),as a non-profit partner that would augment the District's land acquisition activities,at that time with the modest goal of raising perhaps up to$1 million in order to acquire land that the District and other public agencies might someday manage;and WHEREAS,since then,this modest goal has been exceeded by a factor of several hundred,as POST has grown into the premier land trust in the country,having preserved over 40,000 acres in the peninsula area,with a truly remarkable record of fundraising that is approaching$200 million through private donations and the award of state and federal grants,as well as grants from foundation and other non-profit organizations;and WHEREAS,with these funds,POST has delivered into permanent preservation a trove of extraordinary and irreplaceable natural treasures,open space lands from the peaks of the Santa Cruz Mountain range and the unspoiled beauty of the San Mateo County coastline,to sensitive wildlife habitat on the Bay shore and development-pressured ranchlands in the South Bay;and WHEREAS,POST has redefined the meaning and value of partnerships with other agencies,with a track record of highly successful cooperative efforts both with the District and with many other agencies at the local,regional,state, and federal levels;and WHEREAS,POST's success in preserving both natural open space and the agricultural heritage on the coastside is unequaled;its collaboration with a diversity of partners is incomparable;and its ongoing innovation and accomplishments are unrivaled;and WHEREAS,of particular importance to the District's goals,POST has been an absolutely crucial partner in the acquisition and preservation of a number of key District lands,including those which became the crown jewels of peninsula open space preserves,including Bear Creek Redwoods,Windy Hill,and Purisinia Creek Redwoods,to name but a few. Now,THEREFORE,BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does hereby honor and commend Peninsula Open Space Trust on the occasion of its 25dAnniversary;offer its sincere congratulations on POST's many unsurpassed accomplishments;express its gratitude and heartfelt thanks for POST's steadfast partnership with the District over the last quarter-century;and applaud POST for its continuing dedication and commitment to the ideals of open space and agricultural heritage preservation. Adopted by the Board of Directors November 13,2002 Regional Open S; ce 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-02-127 Meeting 02-22 November 13, 2002 AGENDA ITEM 4 AGENDA ITEM Proposed Acquisition of Remaining Interest in the Big Dipper Ranch Property as an Addition to Skyline Ridge Open Space Preserve and Sale of Remain' g Interest in a Small Portion of Ranch Property to Existing Partial Interest Holder GENERAL MANAGER'S REC(Rdl ��ATIONS 1. Adopt the attached resolution authorizing purchase of 45.78% fee interest in a 751.9- acre portion of Big Dipper Ranch property from Celia Cummings and sale of 54.22% fee interest in the remaining 16-acre portion of the property to Celia Cummings. 2. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report. 3. Indicate your intention to dedicate the property as public open space. INTRODUCTION The District currently owns a majority interest (54.22%) in the Big Dipper Ranch property and is proposing to purchase the remaining interest in all but 16 acres of the property which will be acquired in full fee ownership by the seller. In addition to the 16-acre Retained Home Site, the seller will acquire from the District easements for access on an existing driveway, public utilities and a private water system. The District will hold a patrol, emergency and maintenance easement through the Retained Home Site. Until a use and management plan is developed and the property is opened for public use, the seller will receive a permit for pedestrian and equestrian access on existing roads and trails. DESCRIPTION (see attached map) The 767.9-acre Big Dipper Ranch property is located on the southwest slope of the Santa Cruz Mountains and is situated between Skyline Ridge Open Space Preserve and Portola Redwoods State Park. Russian Ridge Open Space Preserve adjoins the property at the northwest and private property is located elsewhere around the perimeter of the property. Access is from a driveway on Alpine Road approximately three miles south of Skyline Boulevard. The landscape is characterized largely by a mosaic of grassy slopes and dense vegetation. The upper ridges along Alpine Road are predominantly grassland interspersed with patches of woodland. The terrain here is gentle to steep, descending east towards Peters Creek. There are a number of heavily forested ravines and seasonal creeks on the property, particularly on the 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.o ens ace.or �] OF....I P p P gREE 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-02-127 Page 2 facing slopes. Peters Creek bisects the southeast comer of the property and has a pristine riparian habitat. This watershed is a continuation of drainages that originate at Skyline Ridge Open Space Preserve and the Devils Canyon area of Long Ridge Open Space Preserve. The creek corridor has interesting rock outcrops that are well scoured and form small pools and waterfalls. A ranch complex is located in the southeast portion of the property within the proposed 16-acre Retained Home Site and includes residential structures, barns and accessory buildings. There are four residential structures; one that is occupied by a property caretaker. A swimming pool is adjacent to another of the residences. A number of ranch vehicles and equipment are kept near a maintenance building. Small bams and corrals are used for stabling horses. Some of the structures located in the Retained Home Site and a large barn located some distance to the north of the ranch complex are used in conjunction with grazing activities that currently exist on the majority of the property under an arrangement between the seller and the property caretaker. Cattle and horse grazing are the primary land uses. Fences, gates, and cattle guards divide the rangeland. Since the District initially acquired a partial interest in the property, the number of cattle has been sharply reduced and the vegetation is in fair condition with no recent signs of overgrazing and erosion. A number of roads and trails are located throughout the property. A baserock driveway, originating at Alpine Road, crosses in the southeast direction to the ranch complex above Peters Creek. The seller will have an access easement over this driveway. Old Page Mill Road, a historical logging route, generally extends from north to south passing through the proposed Retained Home Site and connecting to Portola Redwoods State Park. It intersects with the main driveway near the southwest boundary of the Retained Home Site. A large landslide, located near the center of the property, has made the road impassable by vehicle and pedestrians. Portions of road have been maintained for ranch use, but it becomes an unimproved trail near the north boundary and adjacent to Portola State Park. Many old roadbeds and trails on the property appear to be used in conjunction with the ranch operation. One unimproved road extends from Old Page Mill Road to Peters Creek and may have connected east to the Portola Park Heights development at one time. USE AND MANAGEMENT PLAN Planning Considerations The property is located within the District boundaries and in the unincorporated area of San Mateo County. It is zoned Resource Management (RM), requiring a minimum lot size based upon a slope density formula. The property has a potential density of 19 dwelling units. Alpine Road is designated a Scenic Corridor in the San Mateo County General Plan. The San Mateo County Trails Advisory Committee has proposed a trail connection through the property on Old Page Mill Road, connecting the Skyline Ridge Open Space Preserve and Portola Redwoods State Park. The Draft San Mateo County Trails Plan and the District's Regional Open Space Study show a major regional trail connection along Old Page Mill Trail connecting Skyline Ridge Open Space R-02-127 Page 3 Preserve and Portola State Park. If acquired, portions of Old Page Mill Road could become a major link between the preserve and the state park but a long segment of the road will have to be realigned around a major landslide and the Retained Home Site. The portion of Old Page Mill Road connecting north from Portola Redwoods State Park needs to be further investigated to determine the potential of extending public access from the park into the property. The District's Open Space Study also indicate the potential for providing a parking area and trail connection to Russian Ridge Open Space Preserve. Current land uses are consistent with the District's land use policies. Grazing activities on the property appear to be adequately managed and are expected to continue. Prior to entering into a month-to-month grazing lease, a range management specialists will assist staff in assessing the grazing activity and recommending considerations for the lease. In addition, detailed resource and range management studies need to be undertaken before a determination can be made concerning a potential long-term cattle grazing lease. Preliminary Use and Management Plan Recommendations The Preliminary Use and Management Plan will take effect at the close of escrow and remain effective until the plan is amended or a Comprehensive Use and Management Plan or Master Plan is prepared. No changes to land use are anticipated. Cattle grazing will continue on a month-to- month basis while more detailed resource management studies are undertaken and a long-term decision about grazing can be made. The property will be closed to public use while planning studies are conducted but the property will eventually be open for public trail use. Any proposed changes to land use will be subject to further environmental review and public input. Public Access: Closed to the public at this time. Patrol: Maintain existing roads and patrol on a regular basis. Signs: Install preserve boundary and closed area signs where appropriate. Grazing: Work with existing grazing operator or other potential grazing operators to continue cattle grazing on a month to month basis; contract with range management specialist to assist staff in developing a month-to-month lease as well as investigate potential long-term grazing opportunities of the property. Road Maintenance: Assume all responsibility for grading and maintaining all roads on the preserve; maintain main driveway between Alpine Road and Retained Home Site in a condition that will guarantee year-round, 4-wheel drive, vehicular passage, as specified in the"Big Dipper Ranch"Driveway Maintenance Agreement. Determine other roads necessary for patrol and management of grazing activity and maintain them for seasonal 4-wheel drive vehicular passage. Structures: Maintain barn, the only structure located on the area being acquired by the District, in current condition; if utilization of the barn is a necessary component of the cattle grazing operation, work with grazing operator to ensure barn is retained in current condition. R-02-127 Page 4 Site Clean-up: Remove equipment, construction materials and other debris from site; determine ownership of such equipment and materials and encourage removal by owners. Dedication: Indicate you intent to dedicate the 751.9-acre property as public open space. Site Safety Inspection: Preliminary inspection is complete and no hazards were found; comprehensive inspection to be complete before the close of escrow. CEQA CQWLIANCE Project Description The project consists of the acquisition of a remaining 45.78% privately held interest in the 751.9 acres of the Big Dipper Ranch property and exchange of the District's 54.22% interest in a 16- acre portion of the ranch property to the existing partial interest holder. The resulting 16-acre private inholding will continue to be used for residential and ranching activities and the property owner will hold easements for vehicular access, public utilities and a private water system over District land. Until a comprehensive use and management plan is developed and the District property is opened for public use, the seller will receive a permit for pedestrian and equestrian access on existing roads and trails. Cattle grazing will continue on the District property on a month-to-month basis while resource and range management studies are conducted to determine the feasibility of implementing a long-term grazing lease. The District will hold a patrol, emergency and maintenance easement through the 16-acre private inholding. The District's property will be permanently preserved as open space and eventually open for public use. CEQA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA(California Environmental Quality Act) under Sections 15301, 15316, 15317, 15325, 15301, and 15061 of the CEQA Guidelines as follows: Section 15301 exempts the 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 agencies determination. The grazing operation will continue as it has in the past and will not be expanded. 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. The use and management plan specifies that 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. The District will acquire fee interest and 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. R-02-127 Page 5 This acquisition will bring the majority of the property under full control of the District and ensure it will be preserved as public open space. 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. TERMS AND FUNDING The basis of the purchase price is $9,000 per acre for the entire 767.9 acre property, as negotiated during the process of working with two outside fee appraisals of the property that were obtained by the parties. Therefore, the entire property has a value of$6,911,100, with the District's 54.22% interest having a value of$3,747,200 and the seller's 45.78% interest having a value of $3,163,900. Since the transaction involves District purchase of the seller's 45.78% interest in 751.9 acres, and a concurrent "exchange" of the District's 55.22% interest in the 16 acre Retained Home Site(with 1.7 acres of the Retained Home Site being subject to a natural "buffer" restriction with a corresponding value of 50% of fee), the District's net cost is $3,024,000(751.9 acres @ $9,000 per acre x 45.78% = $3,098,000 - [14.3 acres @ $9,000 per acre x 54.22% $69,800 - [1.7 acres @ $9,000 per acre x 54.22% x 50% =] $4,200= $3,024,000). This final payment amount is considered to be fair market value in accordance with the appraised value of the property. The amount of$3,024,000 would be paid in cash at the close of escrow, which is slated to occur on January 10, 2003. Additionally, the cost of surveying the boundary lines, including the access easements, is being borne by the District and is expected to cost on the order of$30,000. The District would also receive a Grant of Right of First Offer and Right of First Refusal over the retained Home Site in the event it is sold in the future. Budget Consideration 2002-2003 Budget for Land Acquisition New Land $25,000,000 New Land Purchased this year (2,918,000) Cummings Property (3,024.0"0 Acquisition Budget Remaining $12-058,00 Controller M. Foster was consulted on these proposed acquisitions and has indicated that, considering cash flow and account balances, funds are available for this property purchase. Prepared by: Del Woods, Senior Acquisition Planner Michael C. Williams, Real Property Representative L. Craig Britton, General Manager Contact person: L. Craig Britton, General Manager Ill"1 Z'U"W 111"t 1'U"W I I Russian � Ro r d Rid le, S � Y II Rid � - SP • o - o SR09 Proposed • Realigned Page Mill Trail Landslide Impassible by Vehicle Access Driveway I " i.. --7 \ Retained I \ Homesite (16 acres) 1 Lambert Creek Trail �k. Patrol Road �. rkQ n� 0 W f F , dw o - a 9/02 t to Be -- -- Big Dipper Ranch ar Proposed Property Acquisition (751 .9 Acres) 0 455 910 1,820 2,730 3,6 f SW S/areview/prplects/skylinendge/bigdipper/Big_Bipper_Map. 1221 12'0"W 122011'0"1 RESOLUTION NO. 02- RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER TO EXECUTE CERTIFICATES OF ACCEPTANCE OF GRANT DEED, QUITCLAIM DEED TO DISTRICT, EXECUTE GRANT DEED, QUITCLAIM DEED AND GRANT OF RIGHT OF FIRST OFFER AND RIGHT OF FIRST REFUSAL AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (SKYLINE RIDGE OPEN SPACE PRESERVE—LANDS OF CUMMINGS) The Board of Directors of M[idpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of Mid peninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between Celia Cummings, Trustee of the Celia Cummings Revocable Trust dated January 1, 1990 and Nlidpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of Directors, or other appropriate officer, is authorized to execute Certificates of Acceptance for the Grant Deed and Quitclaim Deed on behalf of the District. Section Three. The President of the Board of Directors, or other appropriate officer, is authorized to execute the Grant Deed and Quitclaim Deed conveying title to the Retained Home Site to Celia Cummings. Section Four. The President of the Board of Directors, or other appropriate officer, is authorized to execute the Grant of Right of First Offer and Right of First Refusal and the attendant Certificate of Acceptance on behalf of the District. Section Five. The General Manager of the District is authorized to execute the"Big Dipper Ranch" Driveway Maintenance Agreement and the Skyline Ridge Open Space Preserve Big Dipper Ranch Irrevocable Permit. Section Six. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager and General Counsel are further authorized to approve any technical revisions to the attached Agreement and other transactional documents which do not involve any material change to any term of the Agreement or other transactional documents, which are necessary or appropriate to the closing or implementation of this transaction. Section Seven. The General Manager of the District is authorized to expend up to $40,000 to cover the cost of title insurance, escrow fees, survey costs and other miscellaneous costs related to this transaction. Section Eight. It is intended, reasonably expected, and hereby authorized that the District's general fund will be reimbursed in the amount of$3,024,000 from the proceeds of the next long- term District note issue. This Section of this Resolution is adopted by the Board of Directors of Midpeninsula Regional Open Space District solely for purposes of establishing compliance with the requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with the District's budgetary and financial circumstances. There are no funds or sources of moneys of the District that have been, or are reasonably expected to be, reserved or allocated on a long-term basis, or otherwise set aside to pay the costs of this open space land acquisition project which are to be paid or reimbursed out of proceeds of indebtedness to be issued by the District. The Board of Directors hereby declares the District's official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. Regional Open S ce R-02-121 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 02-22 November 13, 2002 AGENDA ITEM 5 AGENDA ITEM Approval of Residential Lease Agreement for the Hist re t Older Residence with Mort and Elaine Levine at Fremont Older Open Space Pre erve GENERAL MANAGER'S RECOMMEND NS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set forth in this report. 2. Authorize the President of the Board of Directors to execute the Residential Lease Agreement with Mort and Elaine Levine. DISCUSSION At its meeting in September 1977, the District entered into a 25-year lease with Mort and Elaine Levine for a 1.6-acre area of the former Fremont Older property, which included the main residence and landscaped gardens (see Report R-77-40). This lease arrangement expired on August 31, 2002, and the Levines have remained as holdover tenants while staff prepared a new Lease. The original lease was entered into for the purpose of restoring the historic structures and gardens in lieu of rent. The historic residence was originally built in 1911 for Fremont Older, a San Francisco newspaper editor, and his wife Cora, a California historian. Prior to entering into the 25-year lease agreement with the Levines, the District was prepared to demolish the main residence structure, which was badly deteriorated and uninhabitable. The Fremont Older Ranchhouse Committee approved the historical restoration in October 1979 (see memorandum dated October 18, 1979). During the initial two years of the lease, the Levines restored the main residence and gardens at a cost of$350,000, and the house and gardens were put on the National Historic Register. The Levines estimate they have spent an additional $330,000 for the ongoing maintenance and repair of the structures and grounds. Since the completion of the restoration, the District has conducted annual public tours of the historic residence and garden each spring. Over the years, the original lease was amended on several occasions (September 1977, August 1978, and January 1987). The 1987 lease amendment provided for the addition of approximately .4-acres, including the Adobe residence that had been used originally as a house for a swimming pool (in 1977, the District restored the pool house and filled in the badly damaged swimming pool). Including the land from the 1987 lease amendment, the current lease area consists of approximately 2-acres. 330 Distel Circle • Los Altos, CA 94022-1404 • Phone: 650-691-1200 Fax: 650-691-0485 • E-mail: mrosdC@openspace.org • web site: www.openspace.org -mmi 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-02-121 Page 2 LEASE AGREEMENT In late 1997, the Levines contacted the District expressing interest in renewing the lease term. In December 2000, a fair market rental appraisal on a triple net lease basis was completed. A five year lease agreement with an additional five-year lease option has been negotiated with the Levines for the continued occupancy and upkeep of this historic property. This agreement will provide for the continued repair and maintenance of the structures and gardens by the Levines in lieu of a portion of the rent during the term of the lease. The key provisions of this agreement are as follows: 1) The Fremont Older house will rent for $650 per month. The rental rate was based upon a staff review of the fair market rental rate appraisal on a triple net lease basis, discounting for scheduled major improvements and the ongoing maintenance and upkeep associated with the historic structures and the extensive landscaped gardens. 2) The rent for the Fremont Older residence during the additional five year option term will increase to $1,450 per month. 3) The major improvement projects the Levines will complete are as follows: a. Replace front porch decking and stairs, including necessary replacement of the perimeter foundation, posts, and piers and any required termite or dry rot repair, for which the lessee has obtained a $10,000 estimated cost of repair. This repair is to be completed within the first two years of the lease. b. Painting of the exterior of the Fremont Older residence, for which the lessee has obtained a $5,500 painting estimate. This improvement is to be completed within the first two years of the lease. c. Replace the entire roof of the residence within the first three years of the lease. The lessee has obtained estimates ranging between$17,000 and $25,000 for the roof replacement. Each of these major improvement projects will be completed according to the work plan specifications as set forth in the lease. 4) The Levines are responsible for the continued maintenance and care of the gardens, landscaping, and landscape water system, including any necessary repairs of the landscape stone retaining walls. 5) The lease allows for a sub-tenancy agreement for rental of the one bedroom Adobe residence. If rented, the District will receive an additional rental income of$500 per month and the Levines are to repair or replace the existing septic system servicing the Adobe residence and obtain the required building permits. 6) The lease continues to allow for the District to conduct up to three open house tours of the historic residence each year. 7) The District would share in 25% of the costs in any repair or replacement costs associated with the well and water system, which also supplies water to the nearby Fremont Older employee residence. 8) During the term of the lease, the Levines will provide a $1,000,000.00 general liability R-02-121 Page 3 insurance policy for the property. USE AND MANAGEMENT This lease agreement is consistent with the Preliminary Use and Management Plan for the Fremont Older Open Space Preserve. CE0A COMPLIANCE The project involves the leasing of existing public structures and their ongoing repair and maintenance, involving no expansion of use. The project is categorically exempt under section 15301 of the California Environmental Quality Act guidelines. RECOMMENDATION Staff supports the residential lease agreement with Mort and Elaine Levine. The lease provides for the continued occupancy and historic renovation of the Fremont Older residence and gardens, for an appropriate rent, as well as the continued partnership with the Levines, which has benefited the District and the public over the past twenty-five years. Prepared by: John P. Dickey, Real Property Specialist Michael C. Williams, Real Property Representative Contact person: Michael C. Williams, Real Property Representative RESIDENTIAL LEASE AGREEMENT Historic Fremont Older Residence and Grounds This Lease (-I,ease") is made and entered into this A-th day of November, 2002 by and between the NIIDIIENINSULA REGIONAL OPEN SPACF. I)ISTRICT, a California special district established pursuant to Public Resources Code §5500, et sec. ("District"), and Morton and Elaine Levine ("Tenant"). RECITALS A. WHEREAS, District is the owner of that certain real property consisting of a three bedroom, two bath home with extensive gardens and terraced grounds and which is listed on the National Historic Registry("Fremont Older Home") and of a one bedroom, one bath, masonry structure, ("Adobe House"), both located at 22800 Prospect Road, in the City of Saratoga, County of Santa Clara, State of California, and which are more particularly depicted by the area outlined in red on Exhibit A ("Premises"), attached hereto and incorporated herein by this reference; and B. WHEREAS, under that certain lease agreement which commenced September 1, 1977, was amended from time to time, and duly expired on August 31, 2002,Tenant occupied the Premises and is now holding over the tenancy under the provisions for such in that agreement; and C. WHEREAS,District and Tenant found such tenancy to be mutually satisfactory and beneficial; and D. WHEREAS, District desires to again lease the Premises to Tenant, and Tenant desires to again lease the Premises from District, all upon the terms and conditions set forth herein. NOW THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. Lease of Premises. District hereby leases the Premises to Tenant, and Tenant hereby leases the Premises from District, for the term, at the rental, and upon the other covenants and conditions set forth herein ("Lease"). 2. Term. (a) The term ("Term") of this Lease shall commence as of September 1, 2002, shall continue thereafter for a period of five (5) years in strict accordance with this Lease, and shall terminate on at midnight on August 31, 2007, unless otherwise extended or terminated as provided for herein. (b) Tenant shall also have an option ("Option") to lease the Premises for an additional five (5) year term ("Option Term") Subject to the following conditions for exercise of such Option: (i) Tenant must notify District, in writing, between March 1, 2007 and June 1, 2007, of the exercise of the Option; and (ii) Tenant's right to exercise the Option is expressly conditioned upon Tenant's compliance with all terms and conditions of this Lease, In the event Tenant is in default under this Lease at the time Tenant attempts to exercise the Option, or at the time the exercise of such Option would otherwise extend the Tenn, the Option will be void with no force and effect, (c) Tenant and District shall each have the right to terminate t'iie Lease and Option by 1 delivery of notice to ten-nination at least one-hundred-and-twenty(120) dayfi prior to the noticed termination date. If Tenant exercises this cancellation provision, Tenant will not be entitled to reimbursement for costs of any improvement projects that Tenant has completed. If the District exercises its right to terminate the Lease under this provision, District's reimbursement cost to the Tenant will he cipped at twenty-six hundred Dollars ($2,600.00) for any completed improvement or rep<iii pr(Iecls in accordance with Paragraph 7 herein. The provisions of this Paragraph 2(b) shall no' hinit District's right to terminate the Lease in accordance with Paragraphs 22 or Z I hereof. 3. Rent. Rent, as defined herein, shall be payable in advance on the first day of each month during the Term of this Lease by Tenant to District at the address provided for notices in Paragraph 26 hereof. Subject to the provisions of Paragraph 5 below, Rent shall be payable only by personal check, cashier's check, money order, or lawful money of the United States, District and Tenant agree that as additional consideration for the Lease of the Premises, Tenant shall fully and faithfully comply with the obligations set forth in Paragraph 7 hereof. (a) Tenant shall pay to District, each month during the initial Term, as Rent for the Premises, the sum of Six-Hundred-Fifty Dollars ($650.00), plus any additional rent due District pursuant to the provisions of Paragraph 3(b). (b) Tenant may enter into a sublease ("Sublease") for residential use the Adobe House with a subtenant("Subtenant") for a term not to extend past August 31, 2007 ("Sublease Tenn"), for an additional rent payment of the sum of Five-Hundred Dollars ($500.00) and provided that: (i) District shall have no less than sixty(60) days in which to review a proposed Sublease and to approve or disapprove of such proposed Sublease and whose consent to which may be withheld for any reason or for no reason at all; and (ii) Tenant shall fully comply with Paragraph 7(c)(ii) hereof; and (iii) Any such Sublease shall require Subtenant to execute a Waiver of Relocation Benefits and Tenant Estoppel, in the form set forth in Exhibit B, attached hereto and incorporated herein; and (iv) If the Subteiiant breaches the Sublease, Tenant shall promptly notify District in writing of such breach prior to pursuing remedies to cure such breach or to terminate the Sublease. (c) Tenant shall pay to District, each month during the Term as Rent for the Premises during the Option Term, if any, the sum of One-Thousand-Four-Hundred-Fifty Dollars ($1,450.00). In the event that unexpected major repairs or replacements are necessary during the Option Tenn, District and Tenant agree to evaluate the cost of any such repairs or replacements in relationship to the rental amount set for the Option Term and to adjust such rental amount as may be appropriate and agreed to by both District and Tenant in a written amendment hereto. 4. Late Payments. Tenant and District agree that in the event that Tenant fails to pay any Rent or Additional Rent obligation on or before the fifth (5th) day after the date for such payment is due,District will incur damages, including but not limited to, increased accounting costs and collection costs, the amount of which would be impracticable and extremely difficult to fix. Tenant therefore agrees to pay an additional five percent (5%) of each such late payment as liquidated damages, which amount represents a reasonable approximation of the damages to District which are likely to result frorn such late payment. Such liquidated damages shall be deemed extra Rent and shall be due together with Rent for the delinquent period. 2 5. Dishonored Checks. In the event a personal check given by Tenant to District for payment of Rent shall be dishonored due to insufficient funds or any u?lier reason, District agrees to make one attempt to redeposit the first (and only the first) of such dishonored checks. Tenant shall be responsible for, and shall promptly pay to District, all costs and expenses incurred by District arising from such dishonored check. In the event such check shall again be dishonored, or in the event any additional Rent checks shall be dishonored, Tenant shall, after written notice from District so requiring, make all fiiture Ront payments to District by cashier's check, money order, or in lawful money of the United States. 6. Security Deposit. Tenant shall upon execution of this Lease deposit with District the sum of Six-Hundred-Fifty Dollars ($650.00) as security for the full performance and observance by Tenant of each and all of the provisions of this Lease to be performed and observed by Tenant ("Deposit") and receipt of such Deposit by District is hereby acknowledged. District shall be entitled to use the Deposit, or any portion thereof, to remedy any default in payment of Rent by Tenant, to clean the Premises upon termination of this Lease, and to repair any damage to the Premises resulting from Tenant's occupancy of the Premises including any sub-tenancies. District shall return to Tenant within three weeks after the latter of termination of this Lease or Tenant's vacation of the Premises, the entire amount of the Deposit, without interest thereon, less only such sums as District is entitled to apply against unpaid Rent, cleaning of the Premises, and repairing any damage thereto. District shall not be required to keep the Deposit separate from its general funds. Tenant may not apply the Deposit to Rent due under this Lease without District's prior written consent. 7. Maintenance Obligations; Repair and Replacement Projects. (a) Definitions. As used herein, the following terms and phrases are defined to mean: (i) "Completed"means written acceptance of an Improvement Project as complete by District Representative. (ii) "Improvement Project(s)" are the projects set forth in Paragraphs 7(b) and (c) hereof. (iii) "Major" means a proposed repair or replacement project, the cost of which is reasonably estimated to exceed $5,000,00, inclusive of labor costs. (b) Maintenance Obligations. Tenant shall undertake maintenance obligations of the existing landscaping,plantings and landscape watering system throughout the Tenn of this Lease. Tenant agrees to maintain and repair the Premises, including the gardens, plantings, beds, retaining walls and other landscaping elements in an appropriately functional, viable and''or healthy condition and ensuring, at minimum, maintenance of the level of landscape coverage existing at Lease inception, all to the reasonable satisfaction of District. This obligation includes on-going repair and maintenance of the existing landscape watering system (collectively, "Services"). Such Services may be performed by Subtenant, under direction of Tenant, subject to written approval of the terms and conditions of such arrangement by District in a Sublease for the Adobe House. (c) Repair and Replacement Projects. Except as otherwise specifically set forth, the below listed repair and replacement projects are to be completed on or before August 31, 2004, according to the work plan for each as set forth in Appendix D ("Work Plans"), attached hereto and incorporated herein, at Tenant's sole expense unless otherwise relieved of such obligation by District in a prior written amendment hereto or by such reasonable extension of this deadline as D Is!rc tRepresentative may authorize in writing. Tenant shall be responsible for obtaining and .:(A1,1p1Y1ti,, with all permits and authorizati(.iis lawfully required for Improvement Projects. 3 Tenant agrees to complete the projects in a workmanlike, safe and satisfactory manner. (i) Fremont Older Home: (1) Replace roof on or before October 15, 2005. (2) Repair front porch and stairs including replacement of decking, structural and foundation repairs, dry rot and termite removal and repair. (3) Paint all exterior surfaces. 1) Adobe House: If the Adobe Housc is occupied by a Subtenant pursua! � to the provisions of Paragraph 3(b) hereof, Tmant shall be responsible for repairing or replacing the existing septic system servicing the Adobe House including the obtaining of all required building permits through the County of Santa Clara and any other jurisdiction having authority to issue permits for such construction. If the Adobe House is not occupied, Tenant shall not be required to repair or replace the septic system. (d) Water and Well System. District agrees to be responsible for twenty-five percent(25%) of the capital cost of any major repair or replacement projects of the well and water system which serves the District's Fremont Older Employee Residence ("Employee Residence") as well as the Premises. Any such well or water system project shall only be commenced after execution of written approval of such project by both District and Tenant. All other water system costs for operation, repair and maintenance remain the sole responsibility of the Tenant except for such costs as may be associated with water service provided solely to Employee Residence. 8. Annual Open House At least three times each calendar year, as reasonably determined by District, Tenant shall permit District to open the Premises to the general public with each period not exceeding eight consecutive hours. District shall bear all costs associated with these events. District shall hold Tenant harmless from and defend against any and all claims or liability for any injury or damage to any person or property whatsoever occurring in, on or about the Premises or any part thereof during such an event caused in part or in whole by the act, neglect or fault of any person participating in such District event. 9. Road Maintenance. The"Prospect Road Maintenance Agreement"dated September 29, 1994,by and between Tenant, Stuckey, Harris and District continues in full force and effect and remains binding on Tenant, and their successors and assigns. The rights and obligations thereunder are independent and in no manner altered or amended by this Lease. 10. Parkine. In addition to parking spaces provided on the Premises, Tenant and Tenant's guests may park vehicles,not to exceed three (3) at any one time, in the areas marked"Roadside Parking" on Exhibit A. Tenant may, as necessary from time to.time, park up to two (2) additional vehicles at the area marked "Parking Area A"on Exhibit A for reasonable periods so long as such parking does not unreasonably interfere with District's use of the parking area. 11. Ri2ht Of Public To Pass. District shall have the right to allow unlimited public transit between official sunrise and one-half hour after official sunset in a corridor fifteen(15) feet wide on the Premises along and inside the boundary marked"Boundary B"on Exhibit A. 12. Possessory Interest Tax. Tenant acknowledges that Tenant's interest in the Premises under this Lease may nmv or hereafter be subject to a possessory interest tax imposed by the County in which the Premises are situated or by other lawful governmental autriority. Tenant shall pay any such possessory tax prior to delinquency thereof, and shall not be entitled to offset the amount of 4 such tax against Rent payable under this Lean:. 13. Use. Tenant understands that it is District's intention to preserve the open space character of the land upon which the Premises are located, and Tenant agrees to use the Premises only in a manner consistent with such intent. Subject to the foregoing sentence, the Premises may be used as a personal residence of Tenant, and for no other purpose �vithout District's prior consent. Occupancy by guests staying more than fourteen (141 .�onst•c-utive days without the prior written consent of District shall be considered a breach of the provisions regarding assignment and subletting set forth in Paragraph 21 herein. Tenant shall not be entitled to keep any animals as pets without the prior written consent of District which consent shall not be unreasonably withheld or delayed. Tenant shall not do, nor permit to be done, anything in or about the Premises, nor bring or keep anything thereon, which will in any way cause a cancellation of any insurance policy covering the Premises or an art hereof, or an of its contents. Tenant shall P Y g YP � Y neither commit, nor allow to be committed, an nuisance or waste in or upon the Premises, and Y P shall not permit trash or garbage of an kind to accumulate on or about the Premises. Tenant i P g g Y specifically agrees not to cause or permit any cutting of live trees, grading of soil, or hunting of P Y � �' g g animals on the Premises. Tenant shall not use the Premises or permit anything to be done in or about the Premises which will in any way conflict with any law, statute, ordinance, code, rile, or regulation of lawful governmental authority, including but not limited to, District Regulations. 14. Utilities. Tenant shall pay ire t y to the charging authority, on or before the date due, all charges, including deposits, f a y nd all services and utilities supplied to the Premises and Tenant veei ical hereby c dges such obligation. Tenant r' Tenant: `'�`-'� Morton�fpe' Elaine Levine 15. Maintenance and Repair. (a) Prior to Tenant's taking possession of the Premises, Tenant and District shall together Walk through the Premises and thereupon prepare a written list of any and all items, including but not limited to,household appliances and utilities, which may be inoperative or otherwise defective. Except for obligations under the "Prospect Road Maintenance Agreement" referenced in Paragraph 9 above, District shall, within a reasonable period of time after completion of said list, repair such inoperative or defective items at District's sole cost. Except for any such inoperative or defective items, Tenant, by taking possession of the Premises, shall be deemed to have received and accepted that the Premises, as of the.date of taking such possession, in good, clean and safe condition, order, and repair. (b) Subject to the provisions herein, Tenant, at Tenant's own expense, shall maintain the Premises and every part thereof, including but not limited to, the lawn, shrubs, and other landscaping of the Premises, in good, safe, and sanitary condition, order, and repair. (c) Tenant shall at all times throughout the Term of this Lease maintain a fire break of an area at least thirty(30) feet in width surrounding the perimeter of the strictures on the Premises and which shall be maintained and kept free of all low-lying brush, dry weeds, and any other flammable materials. Tenant shall maintain said fire break in full compliance with such reasonable standards and instructions as District shall notify Tenant of, in writing, from time to time. (d) Except as otherwise Fct forth in Paragraphs 7(c) and 15(a), District shall have no I 5 i i obligation whatsoever to maintain or repair all, or any portion of, the Premises, or the personal property or any personal belongings or leasehold improvements of Tenant. 16. Insurance. Tenant, at Tenant's sole expense, shall obtain and keep in force throughout the Term of this Lease, a comprehensive general liability insurance policy, or policies, with an insurance company or companies admitted in California and satisfactory to District,protecting District and Tenant against any and all liability arising from Tenant's use of the Premises, or from any occurrence, in, on, about, or related to the Premises, with a single combined property damage and personal injury limit of at least One Million Dollars ($1,000,000.00). All such general liability insurance shall insure performance by Tenant of the indemnification obligations of Tenanto set forth in Paragraph 20 hereof, and the policy p y shall contain across-liability endorsement. Tenant agrees to furnish an endorsement of such insurance to District, naming District as an additional insured, on or prior to the date of commencement of the Term, and again upon an renewal or modification of such insurance. No such policy Y h li of insurance shall be P p Y cancelable or subject to reduction of coverage or other modification except after thirty(30)days prior written notice to District. The limits of said insurance shall in no event be deemed to limit the liability of Tenant hereunder. 17. Alterations. Except as otherwise set forth in Paragraph 7, Tenant shall not make. or suffer to be made, any alterations, additions or improvements to, on, or of, the Premises or any part thereof, without the prior written consent of District which may be withheld or denied in the sole discretion of District. All such alterations, additions, and improvements shall become and remain the property of District immediately upon installation or construction thereof on the Premises unless Tenant and District shall otherwise agree in writing. Tenant may however, at Tenant's own expense,, paint and otherwis e enhance the cond ition of the Premises. 18. Liens. Tenant, at all times, shall keep the Premises free from any liens arising out of any work or labor performed, materials furnished or obligations incurred by Tenant. 19 Waiver f ClaimDistrict a er o C s. shall not a 'a b liable to Tenant and 'I a en nt hereby waives Iany Y claims against District for any damage to property, or injury or death to any person in, on, or about the Premises, by or from any cause whatsoever. 20. Indemnification. Tenant hereby holds District harmless from and shall defend District from and against any and all claims of liability for damage to property or injury or death to any person %when such damage, injury or death arises out of or is related to the matters set forth in this Lease, shall be caused in part or in whole by the use of the Premises by Tenant or Tenant's licensees, invitees or contractors, or from the failure of Tenant to keep the Premises in good condition and repair, or from the breach by Tenant of any other provision of this Lease. 21. Assignment and Subletting. Tenant shall not assign this Lease or sublet the Premises or any interest therein without the prior written consent of District, which consent may be withheld for any reason. 22. Damage or Destruction. In the event the Premises shall be damaged or destroyed in part or whole, then District shall be entitled to elect, by written notice to Tenant, as soon as reasonably possible after Tenant notifies District of said damage, either: (i) to repair the same and restore I 6 I the Premises to substantially the same condition as existed immediately prior to such damage; or (ii)to terminate this Lease, after which neither party shall have any further liability or obligation to the other hereunder, except for liabilities or obligations which accrued prior to such election to terminate or which are specifically identified as surviving such termination. In the event District shall elect to repair or restore the Premises pursuant to this Paragraph 22, Tenant shall not be entitled to any damages or other compensation from District from any loss of quiet enjoyment or 11or any other reason arising from District's repair or rest oi at ion activities. District shall in no event be required to repair or replace any personal property installed or maintained by Tenant in or about the Premises and Tenant hereby releases District from any responsibility for Tenant's personal property, furnishings or household goods. 23. Entry by District. District shall, at any and all reasonable times and on reasonable notice, have the right to enter the Premises to inspect the same, to post notices of non-responsibility, to repair the Premises, and to exhibit the Premises to prospective tenants. Tenant hereby waives any claim for damages for any loss of occupancy or quiet enjoyment of the Premises occasioned thereby. 24. Default by Tenant (a) The occurrence of any of the following shall constitute a material default and breach of this Lease by Tenant: W The abandonment of the Premises by Tenant; or (ii) Notwithstanding any provisions of Paragraphs 3, 4, 5, 6, 7, 22 and 25 hereof, a failure by Tenant to observe and perform any provision of this Lease to be observed or performed by Tenant, or otherwise breaches this Lease, and within thirty(30) days after written notice from District, fails to commence and diligently pursue remedy thereof, then District, in addition to any other rights and remedies it may have at law or in equity, shall also have the right to either terminate Lessee's right to possession of the Premises and thereby terminate this Lease, or have this Lease continue in full force and effect with Lessee at all times having the right to possession of the Premises. Should District elect to terminate Lessee's right to possession of the Premises and terminate this Lease, then District shall have the immediate right of entry and may remove all persons and property from the Premises. Such property so removed may be stored in a public warehouse or elsewhere at the cost and for the account of Lessee. Upon such termination, District may recover from Tenant all amounts necessary to compensate District for all the detriment proximately caused by Tenant's failure to perform Tenant's obligations under this Lease or which in the ordinary course of things would be likely to result from such failure. (b) In addition to any other remedies provided in this Lease, in the event Tenant fails to perform any obligation to be performed by Tenant under this Lease, or fails to pay any sum required to be paid by Tenant under this Lease, District may, but shall not be obligated to, perform or pay the same, or cause the same to be performed or paid, and Tenant shall promptly, upon demand by District therefore, District for all costs reasonably incurred by District in connection therewith, together with interest on such sums at the rate of twelve percent (12%) per annum from the date incurred by District until repaid in full by Tenant. 25. Surrender; Waiver of Relocation Rights. Upon expiration or sooner termination of the Tenn of this Lease, Tenant shall vacate the Premises and remove all persons and personal property therefrom, and shall surrender possession of the Premises to District with the condition of the Premises as it existed at the commencement of the Tenn of this Lease, subject only to rea- 1 7 sonable wear and tear and damage due to causes beyond the reasonable control of Tenant or to any Improvement Projects completed with the prior consent of District pursuant to this Lease. Tenant, on behalf of Tenant, and on behalf of Tenant's immediate family hereby specifically waives any rights to, and releases District from any and all claims for, relocation benefits and/or relocation payments to which Tenant and those claiming through Tenant might otherwise be entitled pursuant to California Government Code Section 7260 et -:aj , and any similar or successor statutes. Tcnane shall hold District harmless from and itiki;innify District against any and all liability, cost, and expense suffered or incurred by District and arising in connection with any such right or claim. By signing below, Tenant specifically recognizes an accepts the terms of this Paragraph 25 of the Lease. THI IS A AIVER OF RELOC BE FI Dated: P/ Tenant Mo me Dated: /i Tenant Elaine Levine 26. Notices, All notices, demands, requests, or consents (collectively, "Notice" or "Notices") given hereunder by either party to the other, shall be made in writing and shall be delivered personally or by first class mail, postage prepaid, and addressed to the other party as follows: District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Attn: Michael C. Williams, Real Property Representative (650) 691-1200 - telephone (650) 691-0485 - fax Tenant: Morton and Elaine Levine 22800 Prospect Rd. Saratoga, CA 95070 (408) 255-8099 - telephone Notices given by mail in accordance with the requirements set forth above shall be deemed to have been delivered five (5) days after the posted date of mailing. 27. Waiver. Waiver by District of a 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. District's acceptance of a partial payment of rent shall not be deemed an accord and satisfaction, and shall not be deemed a waiver of District's right to recover the full amount thereof. I 28. Attorneys' Fees. If an action shall be instituted to enforce this Lease, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs as fixed by the Court having jurisdiction. 29. District Regulations. This Lease and any Sublease hereunder incorporate District's Regulations for Use of Midpeninsula Regional Open Space District Lands t 1, as amended, 8 attached hereto and incorporated herein is Exhibit C, and such District Regulations as may hereafter be lawfully promulgated, and both Tenant and Subtenant shall at all times during the Term of this Lease comply with each and every one of such Regulations. 30. General. (a) This Lease contains all of the terms, covenants, and conditions agreed to by District and Tenant and supersedes any and all agreements previously made between Tenant and District with respect to the Premises. This Lease may not be modified orally or in any manner other than by a written instrument signed by both of the parties to this Lease or their respective successors in interest. (b) If any term, covenant, condition, or provision of this Lease is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. (c) The covenants and conditions hereof, subject to the provisions as to subletting and assignment, shall inure to the benefit of and bind the heirs,personal representatives, successors and assigns of the parties hereto. (d) The paragraph headings of this Lease are for convenience only and are not a part of this Lease and do not in any way limit or amplify the terms and provisions of this Lease. (e) All persons who have signed this Lease as Tenant shall be jointly and severally liable hereunder. (f) This Lease shall be governed and construed in accordance with the laws of the State of California. (g) Time is of the essence as to each and all of the provisions of this Lease with respect to which time of performance is a factor. III HI HI hi 9 IN WITNESS WHEREOF, District and Tenant have executed this Lease as s ort herein. "DISTRICT" "TE ANT" MIDPENINSULA REGIONAL OPEN By: _ ✓-� SPACE DISTRICT, a special District ort v' APPROVED AS TO FORM: Dated: By, B L y' � Susan M. Schectman Elaine Levine General Counsel / Dated: i 1 / � �� z APPROVED FOR RECOMMENDATION: By: L. Craig Britton General Manager ACCEPTED AND AGREED: By: Deanne Little President, Board of Directors Dated: ATTEST: By: Sally Thiel foldt District Clerk [OFFICIAL SEAL] � I � I i i 10 N f BOUNDARY„B„ 15' CORRIDOR 3 PARKING AREA "Are 0 3 o a ROADSIDE PARKING N 3 LIMIT-3 CARS Older House rn x Fremont Older Open Space Preserve (2 Acres +/-) D 50 0 50 100 Feet Adobe TO DISTRICT EMPLOYEE PP O RESIDENCE \� SPFCT ROA - -----/ i, �,2 Saratoga Country Club ti A N s BOUNDARY"B" 15' CORRIDOR 3 PARKING AREA"A" o a � a a S fN 3 � i ROADSIDE PARKING m a LIMIT-3 CARS F Older House m Fremont Older Open Space Preserve (2 Acres +/-) D 50 0 50 10 0 Feet Adobe TO DISTRICT EMPLOYEE AID.S RESIDENCE �.� ROAD ,oroz Saratoga Country Club EXHIBIT B WAIVER OF RELOCATION BENEFITS AND TENANT ESTOPPEL This Tenant Waiver and Estoppel Certificate ("Certificate") is executed by: Tenant: Corey DeCant in favor of the Midpeninsula Regional Open Space District("District"). RECITALS I District and Morton and Elaine Levine have entered into a lease dated September 1, 2002 whereby District has agreed to lease and extend the lease of the Fremont Older home as described in Exhibit A of the lease . 2 The Lease provides that Morton and Elaine Levine will lease the Fremont Older Home for their use as a personal residence for a five-year term subject to certain conditions and restrictions. The Lease provides that any tenants subleasing a portion of the leased Premises from Morton and Elaine Levine execute this Certificate. 3 Tenant and Morton and Elaine Levine have entered into an month-to-month residential tenancy agreement commencing on November 4, 2002 whereby Tenant is leasing a portion of the leased Premises known as the Adobe House. 4 In connection with the Lease, Morton and Elaine Levine have requested that all tenants execute this Certificate, upon which District is relying. Tenant certifies,warrants, and represents as follows: Tenant is the sublessee by a written one year tenancy(the "Sublease") of the following portion of the leased Premises: The Adobe House A. As of the date Tenant signs this Certificate,the Sublease is in effect and has not been terminated by Morton and Elaine Levine. B. Tenant has no option, right of first refusal, or other right to purchase all or any portion of the leased Premises. Tenant has no right to renew or extend the tenancy, and no right, title, or interest in the Property or leased Premises, other than as Tenant under the Sublease. C. The monthly rent payable under the Sublease is Five Hundred and No/100 Dollars ($500 per month.) The amount of Tenant's security deposit held by Morton and Elaine Levine is Two Hundred Fifty and No/100 Dollars ($250). The amount of prepaid and/or last month's rent held by Morton and Elaine Levine, if any is None. D. ACKNOWLEDGMENT OF TENANCY RIGHTS LIMITED To TERM OF LEASE. Tenant understands and agrees that District owns the premises subleased to Tenant. Tenant understands and agrees that Tenant's tenancy will automatically terminate upon the termination of the Levine Amendment to Lease, and that sole right, title, and interest in the rental premises free of any leasehold will be held by District. E. WAIVER OF RELOCATION BENEFITS. Tenant understands and agrees that Tenant may be entitled to receive certain relocation benefits as provided for by the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646),the Uniform Relocation Act Amendments of 1987 (Public Law 100-17,Title IV) of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (42 U.S.C. § 4601 et seq..), and the California Relocation Assistance Act, Government Code Section 7260 et seq. Tenant hereby waives any and all existing and/or future claims or rights Tenant may have against District for any relocation assistance, benefits, procedures, or policies as provided in said laws or regulations adopted thereunder and to any other compensation. Tenant executes this Certificate with the knowledge that it will be relied on by District. Date: Tenant Signature: [print name] List any minors Residing with Tenants None EXHIBIT C REGULATIONS FOR USE OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT LANDS Adopted by Ordinance No. 93-1, July 28, 1993 Revised and Adopted by Ordinance No. 96-1, Febmary 28, 1996 CHAPTER 1. DEFINITIONS SECTION 100. TITLE. The following regulations shall be known as "Regulations for Use of MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Lands" and may be referred to as "land use regulations." SECTION 101. PURPOSE. These regulations are adopted to provide responsible stewardship for District Lands, to establish orderly use, and to maintain a natural and quiet environment for persons on the lands. They are established according to the Basic Policy of the Board of Directors of MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, adopted March 27, 1974, that "The District will follow a land management policy that provides proper care of open space land, allowing public access appropriate to the nature of the land and consistent with ecological values." SECTION 102. DEFINITIONS. Unless the context otherwise requires, the following definitions shall govern the construction and interpretation of these regulations. SECTION 103. DISTRICT, DISTRICT LANDS DEFINED. "District" means the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT. The term "District Lands" includes all lands, structures, improvements, and waters owned, controlled, or managed by MIDPENINSULA REGIONAL OPEN SPACE DISTRICT. SECTION 104. PERSON DEFINED. "Person" means any individual, firm, corporation, club, municipality, district, or public agency, and all associations or combinations of persons whenever acting for themselves or by any agent, servant, or employee. SECTION 105. PERMIT OR PERMISSION DEFINED. Unless otherwise expressly provided herein, permit" or "permission" means permission, granted in writing by the general manager or an authorized representative of MIDPENINSULA REGIONAL OPEN SPACE DISTRICT. SECTION 106. BOARD DEFINED. "Board" means the Board of Directors of MIDPENINSULA REGIONAL OPEN SPACE DISTRICT. SECTION 107. HEADINGS AND DIVISIONS. Headings and divisions are for convenience only, and shall not be considered in the interpretation of this Ordinance, and shall not in any way affect the conduct or activities covered by other sections of this Ordinance. Exhibit II Page 1 CHAPTER 11. REGULATIONS SECTION 200. GENERAL REGULATIONS. District Lands shall be open and accessible to all persons, except as may be provided by resolution, regulation, or rule of the Board or by individual site use and management plans adopted by the Board. 200.1 The Board may, by resolution, regulation, or rule, provide for a system of permits and the issuance thereof. It may by such system require permits for the use of certain lands, exempt certain lands or classifications of permits therefrom, and establish a system of fees and other policies in connection with the administration of a permit system. 200.2 Any person entering upon District Lands shall abide by the rules and regulations of the District, the regulations or provisions of any sign or posted notice, the conditions of any permit, the lawful order or other instruction of any District ranger or police officer appointed by the Board, the laws of the STATE OF CALIFORNIA, and all applicable county and other local ordinances. 200.3 The provisions of this Ordinance shall not apply to employees and officials of the District acting within the scope of their authorized duties. However, District employees and official shall abide by the laws of the STATE OF CALIFORNIA and all applicable county, and other local ordinances. 200.4 All District lessees, contractors, and consultants shall abide by all provisions of this Ordinance unless the provision(s) conflicts with a written contract or agreement with the District. When a conflict occurs, the conditions of the written contract or agreement shall take precedence. However, lessees, contractors, and consultants shall abide by the laws of the STATE OF CALIFORNIA and all applicable county, and other local ordinances. SECTION 201. SPECIAL REGULATIONS. Special regulations or requirements do not preclude the application of general regulations unless expressly indicated. CHAPTER III. GENERAL RULES SECTION 300. AUTHORITY. All sections of this Ordinance are adopted pursuant to Sections 5541, 5558, and 5559 of the Public Resources Code of the STATE OF CALIFORNIA, and apply to all District Lands. A title, where used, does not limit the language of a section. SECTION 301. VIOLATIONS OF ORDINANCE, A MISDEMEANOR OR INFRACTION. Any Exhibit 11 Page 2 violation of this Ordinance or of any rule or regulation adopted by the District is, at the discretion of the prosecutor or the court, a misdemeanor or infraction. (Public Resources Code, Section 5560.) SECTION 302. SEVERABILITY. If any chapter, section, subsection, paragraph, subparagraph, sentence, or clause of this Ordinance is, for any reason, held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Board of Directors declares that this Ordinance, and each chapter, section, subsection, paragraph, sentence, and clause thereof, would have been adopted regardless of such possible finding of invalidity or unconstitutionality and, to that end, the provisions of this Ordinance are hereby declared to be severable. SECTION 303. AMENDMENT OR REPEAL. When a section, rule, or regulation is amended or repealed, acts and commissions occurring before the amendment or repeal may be prosecuted as though such section, rule, or regulation had not been amended or repealed. SECTION 304. PUBLICATION. This Ordinance shall be published once, within 30 days after adoption, in a newspaper of general circulation printed, published, and circulated in the District and shall be effective from and after September 1, 1993. CHAPTER IV. PRESERVE USES - GENERAL SECTION 400. CAMPING. 400.1 General. No person shall erect or use a tent or shelter of any kind, arrange bedding, or prepare food in such a way that will enable a person to remain after closing hours, except by written permit in designated areas. 400.2 Juvenile. No juvenile shall camp on any District Lands, except when: 1) accompanied by a parent or guardian; 2) part of a group supervised by at least one adult responsible for each ten or fewer juveniles; 3) the juvenile is an emancipated minor. 400.3 Definition. A juvenile is defined as any person under the age of 18 years. Exhibit 11 Page 3 SECTION 401. SWIMMING. 401.1 General. No person shall swim, wade, or engage in any water-contact activity in any water areas of the District except in designated areas. 401.2 Definition. "Water-contact activity" is defined as any activity in which the body of a person comes into physical contact with water areas, including, but not limited to swimming, wading, aqua-planing, paddle boarding, skin diving, and water skiing. It does not include boating or fishing. 401.3 Definition. "Water areas of the District" is defined as all water areas on District Lands, including, but not limited to, natural and artificial swimming pools, reservoirs, ponds, lakes, creeks, streams, bays, tidal areas, and flood control channels. SECTION 402. BOATING. 402.1 General. No person shall place, or attempt to place, a boat, kayak, rubber raft, or other vessel of any description in the water of reservoirs, lakes, streams, or other water areas owned, managed, or controlled by the District, except as expressly allowed by permit or rule or regulation of the District. SECTION 403. FIREARMS, TRAPS, WEAPONS, AND DANGEROUS DEVICES. 403.1 General. No person shall carry, possess, set, leave or deposit, fire or discharge, or cause to be fired or discharged, across, in, on, or into any portion of District Lands any weapon, gun or firearm, spear, missile, bow and arrow, cross bow, sling shot, trap or hunting device, air or gas weapon, paint ball gun, ammunition, throwing knife or axe, martial arts throwing device, or any other weapon or device capable of injuring or killing any person or animal, or damaging property or natural resource. 403.2 Exceptions. This section shall not apply to: 1) the possession of unloaded firearms or dangerous weapons on public roads solely for the purpose of transporting such firearms or dangerous weapons through District Lands for lawful purposes; 2) the possession of firearms or other dangerous weapons at a place of residence or business located on District Lands by a person in lawful possession of the residence or business; 3) the possession and use granted by permit for resource management or educational purposes. SECTION 404. FIRES. 404.1 General. No person shall light, build, maintain, or attempt to light, build, or maintain, a fire of any nature on District Lands, except in permanent fixed barbecues, camp stoves or fireplaces established by the District. A fire shall include, but not be Exhibit 11 Page 4 limited to any campfire, ground fire, warming fire, signal fire, charcoal fire, stove, gas lantern, punk, candle, smudge stick, flare, fuse, or any other incendiary device. This shall not apply to the permitted use of gas camp stoves or gas lanterns when used in designated camping areas. 404.2 Smoking. No person shall smoke on District Lands, except in designated areas. SECTION 405. SANITATION. 405.1 Disposal of Effluent. No person shall deposit waste water, sewage or effluent from sinks, portable toilets, or other fixtures upon or into the ground or water. 405.2 Use of Facilities. No person shall deposit any waste in or on any portion of any restroom or other structure except into fixtures provided for that purpose. 405.3 Protection of Facilities. No person shall place any bottle, can, cloth, rag, metal, wood, paper, stone, or other substances in any fixture in such a manner as would interfere with the normal operation of such fixture. 405.4 Public View. No person shall defecate or urinate in public view. SECTION 406. METAL DETECTORS. 406.1 General. No person shall use a metal detector or similar device on District Lands, except as provided in subsection 702.5. SECTION 407. DISTURBING THE PEACE. 407.1 Obstructing Free Passage. No person shall by force, threat, intimidation, or by any unlawful signing, fencing or enclosing, or any other unlawful means, prevent or obstruct any person from peacefully entering any property of the District, or preventing or obstructing free passage or transit over or through any lands of the District. 407.2 Intimidation. No person shall engage in behavior or speech that provokes a breach of the peace or disrupts, alarms, disturbs, intimidates, or unreasonably interferes with others in the normal, safe use of District Lands or facilities. 407.3 Noise. No person shall play or operate any sound or energy amplification devices, including radios, television sets, public address systems, musical instruments, or similar devices in such a way as to be audible beyond 100 feet of such device or musical instrument, or in such a manner as to disturb the quiet of District Lands and facilities, without prior written permission. 407.4 Lawful Order. No person shall disobey, ignore, or in any manner fail to comply with any request, direction, or order given by any ranger or other employee charged with the control, management, or protection of District property or resources when such request, direction or order is given in the lawful performance of his or her duties. Page 5 Exhibit 11 SECTION 408. ASSEMBLY. No person or group shall conduct a meeting, rally, or similar event on District Lands without first obtaining a permit for the use of the specific areas or facilities involved. No such permit shall be granted if it is found that the time, place, and/or size of the meeting, rally, or similar event will disrupt or unreasonably interfere with the normal use, operation, or management of the site or facility, or have an adverse impact on the ecological or historical characteristics of any District Lands. 408.1 Permits. No person shall hold, conduct, organize, or take part in any group activity or event on District Lands without written permission when the activity or event: 4) is advertised or noticed in any publication, poster, or flyer; or 5) requests or requires a fee be paid for participation; or 6) may be attended by twenty (20) or more people. SECTION 409. MISCELLANEOUS DANGEROUS ACTIVITIES. 409.1 Fireworks. No person shall possess, give, sell, discharge, set off, or cause to be discharged, on or into any portion of District Lands any firecrackers, missiles, rockets, fireworks, or explosives. 409.2 Harmful Substances. No person shall possess, place, or apply any substance on District Lands harmful to any person, property, wildlife, or vegetation. 409.3 Golf. No person shall drive, chip, or in any other manner play or practice golf, or hit golf balls on, over, or into District Lands. 409.4 Model Craft. No person shall operate any model airplanes, boats, automobiles, or other model craft of any kind or description on, over, or into any portion of District Lands, except by written permit in designated areas. 409.5 Human Flight. No person shall hang-glide, parachute, parasail or engage in any human flight on, over, or into District Lands, except by written permit in designated areas. 409.6 Skating. No person shall roller skate, in-line skate, grass skate, or operate a self- propelled or motorized skate board or other similar device on District Lands. 409.7 Reckless or Negligent Activity. No person shall engage in any recreational pursuit or activity, or operate any device that recklessly or negligently endangers the safety of any person, or property, or interferes with visitor activities. SECTION 410 ALCOHOLIC BEVERAGES. 410.1 General. No person shall possess or consume alcoholic beverages except beer and Page 6 Exhibit II wine, and only as part of a picnic meal. 410.2 Designated Area. No person shall possess or consume alcoholic beverages in an area that has been declared by the general manager or an authorized representative to be a prohibited area. SECTION 411. SIGNS. 411.1 Defacement. No person shall remove, deface, change, mark, or otherwise alter any sign duly erected or posted on District Lands. 411.2 Unauthorized Signs. No person shall post or fasten any notice, including but not limited to, any bill, advertisement, directional or informational sign, or inscription whatsoever on any tree, fence, building, monument, or other property on District Lands, without written permission. CHAPTER V. PRESERVE USES - RIDING/HIKING TRAILS SECTION 500. RIDING / HIKING TRAILS. 500.1 Trail Use Speed Limit. The maximum speed for all trail uses is 15 miles per hour, unless otherwise posted; however, speeds shall be reduced as conditions warrant. Bicyclists and equestrians are required to slow to 5 miles per hour when passing others or approaching blind turns. In no case shall a person operate a bicycle, or ride a horse or other such animal at a speed greater than is reasonable, prudent, or safe. 500.2 One-way Trails. No person shall operate a bicycle or similar device, or ride or lead a saddle horse, pony, mule, or other such animal on a one-way trail in a direction or travel designated or signed to prohibit such use. 500.3 Gates. Any person opening a gate shall close the gate. SECTION 501. SADDLE ANIMALS. 501.1 Closed Areas. No person shall ride, drive, or lead a saddle or pack horse, pony, mule, or other animal in any area designated or signed to restrict such use. Saddle or pack horses, ponies, mules, or any other animals must stay on designated trails, roadways, and cultivated firebreaks. 501.2 Unsafe Use. No person shall ride, drive, or lead any saddle or pack animal in a reckless or negligent manner so as to endanger public property, or the life, limb, or property of any person or animal. No person shall allow his or her saddle or pack Exhibit II Page 7 animal to stand unattended or insecurely tied. 501.3 Carts and Wagons. No person shall have or allow a cart, wagon, or similar device attached to a horse, mule, donkey, or other animal on District Lands without a written permit. SECTION 502. BICYCLES. 502.1 Closed Areas. No person shall possess or operate a bicycle or similar device on District Lands in areas designated or signed to restrict such activity. Bicycles must stay on designated trails and roadways. 502.2 Unsafe Operation. No person shall operate a bicycle in a reckless or negligent manner so as to endanger public property, or the life, limb, or property of any person or animal. 502.3 Helmets. No person eighteen years or older shall operate a bicycle upon District Lands unless that person is wearing a properly fitted and fastened bicycle helmet that meets the standards of the American National Standards Institute (ANSI Z 90.4 bicycle helmet standard), the Snell Memorial Foundation's Standard for Protective Headgear for Use in Bicycling, or the American Society for Testing Materials (ASTM F-1447 standard). 502.4 Walk-Only Zones. No person shall ride a bicycle on a section of trail designated or signed as a walk-only zone. Any person may dismount and walk a bicycle through a walk-only zone. SECTION 503. TRESPASS. The following acts, among others, are declared to be unlawful by Section 602 of the Penal Code of California. 503.1 Destruction of Private Property. No person shall willfully open, tear down, or otherwise destroy any fence on the enclosed land of another, or open any gate, bar, or fence of another and willfully leave it open without the written permission of the owner, or maliciously tear down, mutilate, or destroy any sign, signboard, or other notice forbidding shooting on private property. 503.2 Private Property Rights. No person shall enter any lands, whether unenclosed or enclosed by a fence, for the purpose of injuring any property or property rights, or with the intention of interfering with, obstructing, or injuring any lawful business or occupation carried on by the owner of such land, his or her agent or by the person in lawful possession. 503.3 Entering Posted Lands. No person shall enter any lands under cultivation or enclosed by a fence, belonging to, or occupied by another, or enter any lands where signs forbidding trespass are displayed at intervals not less than three to the mile along all exterior boundaries and at all roads and trails entering such lands, without the written Exhibit II Page 8 permission of the owner of such land, his or her agent, or of the person in lawful Possession, and no person shall: 7) refuse or fail to leave land, real property, or structures belonging to or lawfully occupied by another and not open to the general public, upon being requested to leave by the owner, his or her agent, or the person in lawful possession thereof; 8) tear down, mutilate, or destroy any sign, signboard, or notice forbidding trespass or hunting on such lands; or 9) remove, injure, unlock, or tamper with any lock or any gate on or leading into such lands; or 10) discharge any firearm. CHAPTER VI. PRESERVE USES - COMMERCIAL/REVENUE SECTION 600. SOLICITING. 600.1 General. No person shall solicit, sell, hawk, or attempt to solicit, sell, or hawk, or otherwise peddle any goods, wares, merchandise, liquids, edibles for human consumption, or distribute commercial circulars, pamphlets, or flyers on District Lands except by written permission. SECTION 601. GRAZING. 601.1 General. No person shall allow cattle, sheep, goats, or any animal to graze, browse, or feed on District Lands except with written permission. SECTION 602. HARVESTING AND PLANTING. 602.1 General. No person shall plant, cultivate, harvest, or attempt to plant, cultivate, or harvest any plant or agricultural crop on District Lands except with written permission. SECTION 603. COMMERCIAL FILMING. 603.1 General. No person shall operate a still, motion picture, video, or other camera for commercial purposes on District Lands except pursuant to a pen-nit authorizing such activity. This section shall not apply to the commercial operation of cameras as part of the bona fide reporting of news. Exhibit II Page 9 CHAPTER VII. PRESERVE FEATURES - PROTECTION SECTION 700. HUNTING AND FISHING. 700.1 Hunting. No person shall hunt, pursue, molest, disturb, injure, trap, take, net, poison, or harm any animal, living or dead, or remove, destroy, or in any manner disturb the natural habitat of any animal, except by permit. 700.2 Fishing. No person shall take, net, molest, disturb, injure, poison, or harm any fish in lakes, ponds, reservoirs, water areas, portions of San Francisco Bay, or streams located in any District preserve except in areas declared by the District to be permitted fishing areas, where state laws regulate the taking of game fish. SECTION 701. ANIMALS. 701.1 Dogs. No person shall allow or have a dog on District Lands except in those areas designated by the District. This subsection shall not apply to: 1) guide and service dogs under physical control, specifically licensed to assist the blind, deaf, or disabled; 2) use authorized by written permit. 701.2 No person shall allow or have a dog within a designated area, unless the dog is at all times under control on a leash not to exceed 6 feet, or on a self-retracting leash with a maximum extended length of 25 feet. The self-retracting leash must have the capability of being retracted and locked in a position not to exceed 6 feet. Within a designated area, no person shall have or allow a dog on a lead greater than 6 feet when: a. Within 100 feet of any parking area, trailhead, picnic area, campground, horse stable, public roadway, restroom, visitor center, ranger station, or other place or structure of public assembly; b. Within 50 feet of any person this is not the person or persons who entered District lands with the dog; or c. Within 50 feet of any body of water, including but not limited to, any reservoir, pond, lake, creek, strewn, bay, tidal area or flood control channel. 701.3 Nuisance Dogs. No person shall allow or have on District Lands a dog that is Exhibit 11 Page 10 threatening or a nuisance to people, other animals, or property. This includes, but is not limited to growling, barking, baring of teeth, or challenging in any manner, people, animals, or property. 701.4 Disturbance or IniuEy to Wildlife. No person shall allow a dog, cat, or domesticated animal, even if leashed, to disturb, chase, molest, injure, or take any kind of native wildlife, whether living or dead, or remove, destroy, or in any manner disturb the natural habitat of any animal on District Lands. 701.5 Horses and Livestock. No person shall keep or raise cattle, horses, sheep, or other livestock on District Lands, unless pursuant to a lease, license, or other entitlement of use granted by the District. 701.6 Other Pets. No person shall allow or have any pet, domesticated animal, or other living creature on District Lands, unless specifically permitted by another section of these regulations. 701.7 Removal of Animal Excrement. No person responsible for an animal shall allow its excrement or feces to remain in an area if its poses a health hazard, a public nuisance, or is in an area posted requiring its removal. 701.8 Abandoned Animals. No person shall abandon or release a dog, cat, fish, fowl, or any other living creature, wild or domestic, on District Lands without written permission. 701.9 Dogs shall be permitted off leash only in areas specifically designated and signed by the District as off-leash areas. No person shall allow or have a dog in an off-leash area unless the dog is at all times under the verbal or radio collar control, and in sight of its owner or keeper. The owner or keeper of the dog shall have a leash in his or her possession at all times. SECTION 702. NATURAL AND CULTURAL RESOURCES. 702.1 Plants. No person shall damage, injure, take, place, plant, collect, or remove any plant, tree, or portion thereof, whether living or dead, including, but not limited to flowers, mushrooms, bushes, vines, grass, cones, and deadwood located on District Lands. 702.2 Possession of Gathered Wood Prohibited. No person shall transport or possess a tree or unmilled wood on District Lands without satisfactory evidence of lawful acquisition, such as a sales receipt or written authorization from the owner of the land from which the tree or wood was acquired. 702.3 Geological Features. No person shall damage, injure, take, collect, remove, or attempt to P Exhibit 11 age 11 damage, injure, take, collect, or remove any object of paleontological, archeological, or historical interest located on District Lands. 702.4 Archeological Features. No person shall damage, injure, take, collect, remove, or attempt to damage, injure, take collect, or remove any object of paleontological, archeological, or historical interest located on District Lands. 702.5 Special Permission. Special permission (Section 105) may be granted to remove, treat, disturb, or otherwise affect plants, animals, or geological, historical, archeological, or paleontological materials for research, interpretive, educational, or operational purposes. SECTION 703. VANDALISM AND UNLAWFUL ENCROACHMENT. 703.1 Vandalism. No person shall cut, carve, deface, write, paint, mark, or alter any natural feature, or any fence, wall, building, monument, or other property on District Lands. 703.2 Unlawful Construction. No person shall erect, construct, install, or place any structure, building, shed, fence, trail, equipment, material, sign, banner, or apparatus of any type or for any purpose on, below, over, or across a preserve except by written permission, specifying in detail the work to be done and the conditions to be fulfilled pursuant to the terms of such authorization. 703.3 Unlawful Maintenance. No person shall perform, or cause any mowing, trimming, cutting, grooming, or spraying of District Lands or perform any such grounds maintenance for any purpose except by written permission. CHAPTER VIII. DISTRICT LANDS OPERATIONS - GENERAL SECTION 800. LITTERING. 800.1 Littering or Dumping. No person shall litter or cause to be littered, or dump or cause to be dumped any material or waste matter in or upon any District Lands, It shall be unlawful to place, deposit, or dump, or cause to be placed, deposited or dumped, any rocks, dirt, or fill material in or upon any District Lands without a permit authorizing such activity. 800.2 Definition. Littering is defined as the willful or negligent throwing, dropping, placing, or depositing of any waste matter on District Lands in other than appropriate storage containers or areas designated for such purposes. 800.3 Definition. Waste matter is defined as discarded, used, or leftover substances including, but not limited to, a lighted or unlighted cigarette, cigar, match, or any flaming or glowing material, or any garbage, trash, refuse, paper, container, packaging III Exhibit 11 Page 12 or construction material, carcass of a dead animal, any nauseous or offensive matter of any kind, or any object likely to injure any person, damage property, or create a hazard. SECTION 801. PARKING. 801.1 Restrictions. No person shall park a motor vehicle, except an authorized emergency vehicle, or when in compliance with the directions of a peace officer, ranger, or District employee, in any of the following places: 1) In areas where prohibited by "NO PARKING" signs; 2) On any fire trail; 3) On any equestrian or hiking trail 4) In such a place or manner as would block or obstruct any gate, entrance, or exit; 5) In such a place or manner as to take up more than one marked parking space in any authorized parking area; 6) In such a place or manner as to block or obstruct the free flow of traffic; 7) Within 15 feet of a fire hydrant; 8) Adjacent to any curb painted red; 9) On any district Lands after sundown except pursuant to a written permit; 10) In areas signed for permit parking on District Lands without a written permit; 11) In any other place on District Lands not designated by the District as an authorized areas. SECTION 802. OPERATION OF MOTOR VEHICLES: OFF-ROAD VEHICLES 802.1 General. No person shall operate, propel, or leave standing a motor vehicle on District Lands. Motor vehicle includes, but is not limited to, motorcycles, off-road vehicles, "dirt-bikes," and similar vehicles. 802.2 Exceptions. This section shall not apply to: 1) emergency vehicles operated within the scope of official use; 2) roads, trails, or paths, which may from time to time be set aside and posted by the District for the use of specifically designated vehicles; 3) roads and parking areas open to the public during regular open hours. SECTION 803. SPEED LIMITS. 803.1 General. No person shall drive or operate a vehicle on District Lands at a speed greater than the posted speed limit or than is reasonable or prudent, having due regard for traffic and road conditions. In no event shall a vehicle be driven at a speed which endangers the safety of persons, property or wildlife. SECTION 804. ABANDONED VEHICLES. Exhibit II Page 13 804.1 72 Hours. No person shall permit a vehicle to be parked or left standing within the District for 72 consecutive hours or more except in camping areas pursuant to a valid permit. 804.2 Removal. Any vehicle parked or left standing in violation of this Section may be removed as provided in the Vehicle Code of the State of California. 804.3 Abandonment. Whenever a District ranger has reasonable grounds to believe that a vehicle has been abandoned on District Lands, the vehicle may be removed as authorized by Vehicle Code Section 22669. SECTION 805. PROHIBITED AREAS. To insure the safety and health of persons, to avoid interference with development, construction, and management, or to provide for security, safeguarding, and preservation of District Lands and facilities, the general manager or an authorized representative may declare an area closed, prohibited, or limited to further entry. The declaration may include such reasonable classes of persons who may enter, in the conduct of proper activities or official duties, as the general manager or an authorized representative may prescribe. 805.1 Closed Areas. No person shall, without a written permit issued by the District, enter or remain in an area of District Land or facilities declared closed, prohibited, or limited by the general manager ro an authorized agent. 805.2 After Hours Use. No person shall enter or remain on District Land "after hours" without a written permit issued by the District. The term "after hours" is defined as one-half hour after official sunset to official sunrise the following day. 805.3 No person shall possess or operate a bicycle or similar device on District lands after hours. SECTION 806. USE FEES. 806.1 Nonpayment of Fees. No person shall use District Lands or facilities without payment of the prescribed fee or charge. Any fee or charge established by the Board for use of District Lands or facilities shall be paid in advance of such use, unless later payment has been authorized by the general manager or an authorized representative. Exhibit II Page 14 EXHIBIT D Fremont Older Home Lease Dated 11-06-02 Roof Specifications 1. Remove the existing tar and gravel roof and prepare the sheeting for the new roof. 2. Install a 3 ply"Bitec"modified bitumen torch-down roof with a manufacturers warranty of 10 years. 3. Install new roof vent flashings, seal pipe jacks with Calico tape, and paint all sheet metal flashings. 4. Clean up and haul away debris upon completion. 5. Building permit to be obtained and signed off by Santa Clara County following completion. R. BLOMQUIST & ASSOCIATES PAINTING EXHIBIT D Specification for Residential Painting of Fremont Older House Preparation The Fremont Older house is finished in wooden shingles that require special care in preparing them for painting. The surface shall be prepared by carefully water blasting old paint off of the shingles. Many areas are in need of extra staples to fasten the shingles to the house framework. These areas are mainly on the south and west faces of the house. Water blasting should be done with a unit that can be adjusted down to 1500 to 1700 psi. Any higher pressures could damage the shingles. Care should be taken on the angle of spraying as to prevent shingles from being lifted off by the force of the spraying. Previous water blasting has shown that 70 percent or more of the paint on each shingle can be removed. The windows and sills of the house are all wood and include a mix of original and new construction elements. Loose and/or peeling paint shall be removed by hand scraping and sanded to smooth the transition to sound remaining paint. The old window glazing shall be removed by hand methods and the areas cleaned of accumulated dirt or mold. Window mullions shall be primed prior to re-glazing of the glass with a paintable glazing compound such as Crawford'STM painters' putty. Joints and corner cracks in windows, doors, and trim shall be filled with a flexible caulking after priming and prior to finish coating. Priming of shingles and trim Once the old paint has been removed, the shingles should be primed with a penetrating primer. The shingles flex due to weathering and a surfacing type primer often fails due to hairline cracking. The primer can be applied by spray but shall be "back rolled" to work the primer into the pores and bottom edges of each shingle. The windows shall be primed with a suitable exterior primer. Note: some windows have absorbed so much moisture that they should be removed and repaired as needed prior to priming and painting. These windows are concentrated in the dining room and the sunroom. Under the lower lintel of these windows an area was milled Out to accept the window opening mechanism. This are was not originally primed and has added to the Moisture problem of these windows. Page 2 Specification for Residential Painting of Fremont Older House Finish painting After priming, the shingles shall be top coated with a flat finish acrylic exterior paint such as Kelly Moore 1240 "Acryshield". Material may be sprayed on but again shall be "back rolled" as to work the material into the surfaces of the shingles. All exterior trim surfaces are to be finished with high gloss acrylic enamel such as Kelly Moore 1685 "DurapoXyTM". Rough sawn areas of trim may be rolled or brushed. Smooth trim shall be finished by brush application. This includes doors, windows, benches, smooth trim, and arbors. Colors The colors used on the Fremont Older house are as follows: The body color of the house is Dunn Edwards The trim color is Sherwin Williams straight white. This white is quite grayish in tone. A color match is available at Kelly Moore stores using the code 00-2511-Milpitas. Estimated cost.: $S . 500 Regional Open S, ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-02-124 Meeting 02-22 November 13,2002 AGENDA ITEM 6 AGENDA ITEM Approval of Mitigated Negative Declaration and Mitigation g Plan for Old Page Mill Trail I Repair Project at Skyline Ridge Open Space Preserve GENERAL MANAGER'S RECOMMENDA_ Approve the Mitigated Negative Declaration and Mitigation Monitoring Program in accordance with the California Environmental Quality Act(CEQA), and adopt the CEQA and De Minimis Findings as set out in this report. BACKGROUND 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.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 1998 winter storms,which included the Old Page Mill Trail repairs(see Report R-98-43). A California Environmental Quality Act(CEQA)determination contained in the report at that time categorically exempted these projects from CEQA. FEMA grants totaling$126,062 were awarded to the District to repair the damage. Since then, 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. At your meeting of May 22,2002, you authorized staff to solicit bids to construct the FEMA-funded Old Page Mill Trail repairs(see Report R-02-75). Due to the extensive grading that will be needed to repair Old Page Mill Trail, its proximity to natural drainages, and its location within sensitive habitat,the project is subject to various County and trustee resource agency permits. Staff expects to obtain permits for this project in the next few months, and subsequently solicit bids to complete the repair work by the end of October 2003. DISCUSSION On October 23, 2002,FEMA completed its environmental review process under the National Environmental Policy Act(NEPA). During the summer of 2002, staff conducted subsequent reviews of the updated project description to determine whether the revised scope of work for the trail repair was consistent with what was previously anticipated in 1998 when the prior Categorical Exemption was adopted. After discussions with our consulting engineers,FEMA,U.S. Fish and Wildlife Service (USFWS), and National Marine Fisheries Service(NMFS), staff determined that the project merited further CEQA analysis. 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 *wa EM—E Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, Deane Little,Nonette Hanko,Larry Hassett, Kenneth C.Nitz General Manager:L.Craig Britton R-02-124 Page 2 CEQA COMPLIANCE District staff prepared an Initial Study and Mitigated Negative Declaration for the Old Page Mill Trail Repair Project(for CEQA purposes, "the project"), which is provided under a separate,cover as Exhibit B. The Initial Study and Mitigated Negative Declaration found that a number of impacts simply do not apply to the project due to the project site's remote location and the low-intensity recreational character. The document also found that the project avoids many other impacts or minimizes them to a less-than- significant level because of project specific factors such as District design guidelines for drainage improvements,tree protection, and restoration. Most notably, the Initial Study and Mitigated Negative Declaration found that the project would not adversely affect biological resources or cultural resources because the incorporation of mitigation measures into the project has reduced the impacts to a less-than-significant level. Please refer to the Initial Study itself for further discussion. Public Notification A notice describing the project,the District's intent to adopt the Mitigated Negative Declaration, and this public meeting was mailed on October 4, 2002 to owners and occupants of property contiguous to Skyline Ridge Open Space Preserve. This notice was also posted at the preserve in several locations, on the District Web page,and submitted to the Clerk of San Mateo County to post for 30 days. The Mitigated Negative Declaration and Initial Study were made available for public review at the District Administrative Office,the Skyline Field Office,and the Woodside Library. Therefore, all public notice requirements of CEQA have been met. Responsible and Trustee Agency Notification Prior to determining whether to adopt a negative declaration,the District is required to consult with responsible agencies and agencies with legal jurisdiction over natural resources held in the public trust. In response to this requirement,the San Mateo County Planning Department was provided with a copy of the Mitigated Negative Declaration and Initial Study,thus giving them an opportunity to review and comment. The U.S. Fish and Wildlife Service(USFWS)and the National Marine Fisheries Service (NMFS)were also consulted in the process during their simultaneous preparation of a Biological Opinion as part of FEMA's NEPA process for the project. Requirements from USFWS and NMFS were integrated into the Mitigated Negative Declaration. The Mitigated Negative Declaration and Initial Study were also submitted to the State Clearinghouse of the Governor's Office of Planning and Research,which handles the distribution of the report to all State Trustee agencies including the California Department of Fish and Game,California State Parks and Recreation, California Department of Forestry and Fire Protection, and California Department of Transportation (Caltrans). The Clearinghouse review period closed on November 5, 2002. Comments Received As of this writing, comments have been received only from Caltrans(See Exhibit Q. Caltrans' comments did not include additional substantial evidence that the significant environmental effects might occur despite the project revisions and measures included in the Mitigated Negative Declaration. Mitijzation Monitoring Pro am In accordance with CEQA,the District has prepared a Mitigation Monitoring Program,which describes the mitigation measures and monitoring process for the project(See Exhibit D). The Mitigation R-02-124 Page 3 Monitoring Program ensures that all adopted measures intended to mitigate potentially significant environmental impacts will be implemented. The Board is being asked to approve the Mitigation Monitoring Program. CEQA Findings Staff recommends that you make the following findings,based upon the Initial Study,Mitigated Negative Declaration,Mitigation Monitoring Program, all comments received, and all substantial evidence in light of the whole record presented: 1. Prior to approving the project that is the subject of the Mitigated Negative Declaration,the Board has considered the Mitigated Negative Declaration and Initial Study, along with all comments received during the public review process. 2. The Board determines that the Mitigated Negative Declaration and Initial Study reflect the District's independent judgement and analysis. 3. The Board determines that the revisions made to the Old Page Mill Trail Repair Project,before the release of the Mitigated Negative Declaration and Initial Study for public review,avoid the effects or mitigate the effects to a point that clearly no significant effect on the environment would occur under CEQA. 4. The Board finds that there is no substantial evidence in light of the whole record before the Board that the proposed project, as revised,may have a significant effect on the environment. 5. The Board adopts the attached Mitigation Monitoring Program,which it requires to be implemented as an element of the Old Page Mill Trail Repair Project. De Minimis Findings State law requires that the California Department of Fish and Game collect filing fees to defray the cost of consulting with other public agencies,reviewing environmental documents,recommending mitigation measures,and carrying out other activities to protect public trust resources under CEQA(Fish and Game Code 711.4). A project is exempt from this fee requirement if the CEQA lead agency finds that the project is de minimis in its effect on fish and wildlife,with no potential for adverse impacts,including adverse cumulative impacts, on wildlife resources or wildlife habitat. Since in this case all project impacts can be mitigated to a less than significant level,thus avoiding adverse impacts to fish or wildlife, staff recommends that you make the following de minimis findings,based upon the Initial Study, Mitigated Negative Declaration, all comments received, and all substantial evidence in light of the whole record presented: 1. Name and Address of Project Proponent: Midpeninsula Regional Open Space District, 330 Distel Circle, Los Altos,CA 94022; 2. County: The project is located in San Mateo County; 3. Location: The project area is situated along a 1,900-foot segment of the Old Page Mill Trail in the lower area of Skyline Ridge Open Space Preserve, a 1,797-acre public preserve just southeast of the Skyline Boulevard(State Highway 35)and Page Mill-Alpine Road intersection; R-02-124 Page 4 4. Project Description: The project consists of repairs to storm damaged portions of Old Page Mill Trail, an unpaved recreational trail. The storms caused two large washouts,a debris slump, and other damage to several sites along approximately 1,900 feet of existing trail.The proposed project includes the replacement of an existing undersized culvert with a larger culvert,reconstruction of two washouts, and debris slump clearing. In total,the project requires grading of approximately 9,000 square feet(0.2 acre).Project construction will occur over an approximately eight-week period; 5. An initial study was conducted to evaluate the potential for adverse environmental impacts; 6. Considering the record as a whole,there is no evidence before the Midpeninsula Regional Open Space District that the proposed project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends; 7. The Midpeninsula Regional Open Space District does hereby,on the basis of substantial evidence in the record,rebut the presumption of adverse effect set forth in 14 Cal Code Regs §753.5(d). Prepared by: Ana Ruiz,Open Space Planner I Sandy Sommer, AICP/ASLA, Senior Planner Contact person: Sandy Sommer,AICP/ASLA, Senior Planner Exhibits: A. Project Area Location Map B. Initial Study and Mitigated Negative Declaration(under separate cover) C. Comments on Mitigated Negative Declaration D. Mitigation Monitoring Program i SKYLINE RIDGE OPEN SPAC PRESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Coal Creek Open Space Preserve 1572 �JBorel 0.3 Pond o Hill 'yo 0.2 °Ridge Trat! ' dgP P 0.5 �� "� e Stevens Creek ^ ru d niP 0.3 2400 0.6 re Trdi/ 0.2 %ndiah v "r 0 NIpine Rod 0.3 O. Creek ® 0.4 r^ a d. fsRn ' `SfH dui ° 0.2 0.1 c Q (RR02) ikSR05) �(M806) MONTE BELL'O Alpine 1, 0.2 OPEN SPACE PRESERVE Pond 2200 0.1 1;^ ".JSR04) r� (RR03) : 0.3 24U0 0.5 ® ••,® 0.5 �(MB07) I1.5 %i 0.5 0.1 0.1 •'�2 0.3 (SR03) zi .r H 0.3 0.2 7 A� 0.2 0.2 ` (/� 0.2 N� 0.3 ^ Horseshoe"' - PVr'jpa REPAIR _ Lake 0.6 0.3 0.4 ; •` I Christmas PROJECTI. 0.4 �•2200 Tree Farm LOCATION 2200 v 0.7 \ 2000 c4 SR02) 1600 'O 2000 1soo�J a- 1.0 Cteek 35 2200 2400 e Y 12/00 0.0 .1 .2 �.3 .4 .5 .6 .7 .B .9 1.0 Long Ridge Open Space Preserve One Mile Trail Use Map Legend Hiking Only H ® 1.0 ® 1 Hiking,Bicycling, Gate(xs) Trail Distance in Miles Ranger Facility Restroom Whole Access Parking Lot Other Public Lands Equestrian Trail Baya'-Ridg� M. Aree Trail ... -. -----___ a ® © a. No Dogs are not allowed Creek Vehicle Driveway Nature Center Residence Handicapped Equestrian Parking No Public Entry on this preserve Parking Only tr. M ta.ds Exhibit A: Preserve Map with Project Location Exhibits B, C, and D As the size of Exhibits B, C, and D is considerable,it was not practical to include them in this mailing. However,copies of these three exhibits and source documentation are available to be reviewed or obtained at the MROSD Administrative Office, 330 Distel Circle, Los Altos,650-691-1200, Copies of just Exhibit B, the Mitigated Negative Declaration,are also available for review at the following locations: • MROSD Skyline Field Office, 2115 Skyline Blvd.near Page Mill Road. (Please call first to verify staffing: 650 949-1848). • Woodside Library, 3140 Woodside Road Woodside CA 94062 Phone: 650.851.0147 The Mitigated Negative Declaration can also be viewed or downloaded free of charge,at www.!2penspace.org. s MITIGATED NEGATIVE DECLARATION Old Page Mill Trail Repair Project Skyline Ridge Open Space Preserve San Mateo County, CA October 7 2002 I Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 650-691-1200 EXHIBIT B ��U� x� � "��"� ~," ~~~^n°e""=" � � � NEGATIVE DECLARATION~.~...~..~.....~...~....,~.~~,~..~~..,~..~~...,~~_...~..~.~~~,~.~..~~~.~~~~1 � � PROJECT DESCRIPTION-------.--.-------...—.---------.---------.----.. l � FINDINGS AND BASIS FOR NEGATIVE DECLARATION-------------------------. l MITIGATION MEASURES INCORPORATED INTO THE PROJECT.........................................................................2 RESPONSIBLE AGENCY CONSULTATION---------------------------------.4 INITIALSTUDY..................................................................................................................................................4 REVIEWPERIOD ................................................................................................................................................4 CONTACTPERSON............................................................................................................................................4 INITIALSTUDY.....................................................................................................................................................5 PROJECTDESCRIPTION....................................................................................................................................G SURROUNDING LAND USES --------------------------.--.-----------. l0 EXISTINGSETTING......................................................................................................................................... l0 SUBSEQUENT ACTION8------------------------------------------- 10 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: ..................................................................... l3 l3�^ETEzuMIN��T/Onn.'-----------------------.------.-----.--.--------.. � ENVIRONMENTAL IMPACTS......................................................................................................................... l5 EXPLANATIONOF ANSWERS.......................................................................................................................24 � 1. AESTHETICS.-----.----.—.--.....—.._.-----------------------..24 � IL26^.~~.~�~~~~_^~�.~~~,~�^.~~~------.----.--.---.---.---.----------. � III. AIR QUALITY---.----------------------------------------.27 � IV. BIOLOGICAL RESOURCES -----------------------.-------------38 � L Special Status Plant Species---------------------------.----------.20 2. 8�atuof��nmml --..,---------------------.-----------.3O � V. -ULTURAL RESOURCES -------------------------------------.35 � � \/l GEOLOGY AND SOILS.....................................................................................................................]7 � VIl HAZARDS AND -----------.---------------�99 HAZARDOUS_ _________ � Vl0. HYDROLOGY AND WATER QUALITY------------.----.—.-------.----.4O DX. LAND USE AND PLANNING...........................................................................................................42 � � X. MINERAL RESOURCES--------------------------------------..43 � � XI NOISE.................................................................................................................................................43 � � � XIl AND HOUSING........................................................................................................44 � XID �l}��%� 8�l��I�B0 44 � � —_. _.—.__-------------~--.---_^—.--~---------.. � � XIV RECREATION -------.------------------------------------..45 X)� -----------------------------------45 � � � �� XVl UTILITIES AND SERVICE SYSTEMS.............................................................................................4M � � XVD. �I�I�I�J�� (�P -------------------------..47 � __ � � �__ -_ � � &O[)0C6S REFERENCED-------------------------------------------48 � � � � � � � � � � � � � � � � � � ' Midpeninsula Regional Open Space District NEGATIVE DECLARATION A notice,pursuant to the California Environmental Quality Act of 1970,as amended(Public Resources Code 21,000, et seq.)that the following project: Old Page Mill Road Trail Repair Project,when implemented,will not have a significant impact on the environment. PROJECT DESCRIPTION The project consists of repairs along the "El Niflo"storm damaged lower reach of Old Page Mill Trail,an unpaved recreational trail located at Skyline Ridge Open Space Preserve in San Mateo County. The storms caused two large washouts,a debris slump, and other damages to several sites along approximately 1,900 feet of existing trail. Federal Emergency Management Agency(FEMA)grants were awarded to the District for washout repairs to reconstruct the road-width trail tread. The proposed project includes the following components: • Replacement of an existing undersized 24-inch culvert with a larger culvert to increase water carrying capacity, and installation of a hardened critical dip at the culvert to maintain flows within the creek bed in the event of accidental blockage. • Repair and reconstruction of a 60-foot long, I I-foot wide road washout and 40-foot long, 6-foot wide road washout by installing rock or retaining walls made of concrete or other durable material. • Clearing of the 30-foot long debris slump on the trail surface. • Use of soil and rock excavated onsite as backfill material for the two washouts. • Construction staging areas located at existing widened trail clearings, away from creeks. In total, the project requires grading of approximately 9,000 square feet(0.2 acre)of land to complete the repairs. Project construction will occur over an approximately eight-week period. FINDINGS AND BASIS FOR NEGATIVE DECLARATION The Planning Department of the Midpeninsula Regional Open Space District,based upon substantial evidence in the record, finds that: 1. The mitigation measures, as listed below and incorporated into the project,are adequate to mitigate the environmental effects to a less than significant level. 2. The project will not adversely affect mineral resources,population and housing,or utilities and service systems, in that such impacts simply do not apply to the proposed project, given the minor nature and rural environment of the project and the low-intensity recreational uses that are associated with the project. 3. The project will not adversely affect agricultural resources,land use,public services,or transportation/traffic, based on project-specific factors that allow the project to avoid potentially significant impacts. 4. The project will not adversely affect aesthetics,air quality, geology&soils,hazards and hazardous materials, hydrology and water quality,noise, or recreation,based on project-specific factors that reduce impacts to a less than significant level. 5. The project will not adversely affectbiological o e s resources or cultural resources because the incorporation of p J YrP mitigation measures into the project has reduced the impacts to a less than significant level. 6. In addition,the project will not: • Create impacts that degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species,cause a fish or wildlife population to drop below self-sustaining levels,threaten to eliminate a plant or animal community,reduce the number or restrict the range of a rare or endangered plant or animal, I I I or eliminate important examples of the major periods of California history or prehistory,because the incorporation of mitigation measures into the project has reduced these impacts to a less than significant level. • Create impacts that are individually limited,but cumulatively considerable,based on project-specific factors that reduce these impacts to a less than significant level. • Create environmental effects that would cause substantial adverse effects on human beings,either directly or indirectly,based on project-specific factors that reduce these impacts to a less than significant level. Therefore,the Midpeninsula Regional Open Space District has determined that the project will have no significant effect on the environment. MITIGATION MEASURES INCORPORATED INTO THE PROJECT Mitigations Mitigation incorporated into project for special-status plants species: in section BIO-1. In order to determine the presence or absence of special-status plant species IV(a): occurring within the repair and soil borrow areas disturbed by construction,focused plant surveys shall be conducted prior to initial ground breaking. The focused plant surveys shall be scheduled based on the blooming period for each plant species listed in Table IV(l)unless the plant species is identifiable in the non-blooming period(as is the case for many perennial shrubs). If any special-status plant species are found,areas supporting the species will be avoided where feasible. If a special-status plant species cannot be avoided, a plan detailing the on-site mitigation shall be developed based on consultation with the appropriate agency, such as CDFG. Areas proposed for revegetation and restoration may be included as part of the on-site mitigation. Hand planting during restoration does not require fencing to prohibit movement of special-status amphibian species into the planting area. Mitigation incorporated into project for special-status animal species: California red legged frog: B10-2. Pre-Construction Surveys. A qualified biologist or other qualified personnel shall conduct pre-construction surveys to determine the onsite presence of CRLFs. If CRLFs are identified onsite,U.S. Fish and Wildlife Service(USFWS)and the District shall be notified, and an USFWS-approved biologist shall move the CRLFs to a suitable location in the project vicinity. BIO-3. Training. A training session for all construction workers shall be conducted prior to the onset of construction activities. At a minimum, the training shall include a description of the natural history of California red-legged frogs and their habitats,the general measures that are being implemented to conserve the red-legged frog as they relate to the project, and the boundaries(work area)within which the project must be accomplished. B10-4. Exclusionary Fencing. Install exclusionary fencing as appropriate to prevent CRLFs from entering the work area. Erosion control measures such as silt fences can be combined with the exclusionary fencing for CRLFs. Well-anchored silt fences shall be installed below both of the washout repair sites and at other locations, as appropriate to contain any soil from the construction zone before it reaches creeks or drainages in the vicinity of the project area. Silt fences shall be checked for efficacy and maintained as necessary,but not less frequently than once per week. BIO-S.Monitoring. A qualified biologist shall be present at the work site until such time as all relocation of CRLFs, instruction of workers,and initial ground disturbing construction activities including backfilling and excavation have been completed, to 2 ensure that no CRLFs are harmed by the work. If CRLFs are discovered onsite during construction,work shall be stopped,USFWS notified,and an USFWS-approved biologist shall move the CRLFs to a suitable location in the project vicinity. Erosion control devices and exclusion fencing shall be checked for integrity on a daily basis and repaired if needed. BIQ-6 Documentation. Any CRLFs observed, captured,and/or relocated shall be documented in a report and submitted to USFWS. Marbled murrelet: B10-7. Tree disturbance. No platform trees or mature second-growth trees suitable for murrelet nesting shall be removed from the project area. BIO-8. Project Scheduling. Work conducted during the later portion of the murrelet breeding season(July 15—September 15)shall not begin until one and one half hours after sunrise and shall end by 5:30 p.m. to avoid the time period when murrelets would most likely travel through the Preserve (dawn and dusk). Raptors,Bats and Passerines: BIO-9. Construction is scheduled to occur anytime between July 15 and October 15. If construction takes place during July,which is part of the breeding season for these species,a qualified biologist shall conduct pre-construction surveys no more than 30 days prior to construction to determine if raptors,bats,or passerines are nesting within the trees to be removed. If raptors are nesting in these trees,the biologist shall determine an appropriate buffer zone around the nest,and construction within the buffer zone shall be postponed until all young are fledged, as determined by the biologist. Mitigations Mitigation incorporated into project: in section CULT 1. The District's Resource Management Policies state the following,which shall be V(b): incorporated into the project: "Follow federal, state,and local regulations on cultural resources. If artifacts are uncovered during construction, stop work until a cultural resource consultant has evaluated the situation." CULT-2. Project construction documents shall include a requirement that project personnel shall not collect archeological or prehistoric resources encountered during construction. Archeological resources include stone or adobe foundations or walls; wooden remains with square nails,and refuse deposits.Prehistoric resources include chert or obsidian flakes,projectile points,mortars and pestles, dark friable soil containing shell and bone dietary debris,and heat-affected rock. CULT-3. Construction personnel shall be alerted to the possibility of prehistoric and archeological resources and shall be asked to watch out for buried artifacts during excavation. If artifacts are found,the work shall stop in the area and within 30 feet of the find until a qualified archaeologist can assess the significance of the find. If archaeological or prehistoric resources are encountered during construction,every reasonable effort shall be made to avoid the resources. Mitigation Mitigation incorporated into project: in section The mitigation under section V(b)calls for stopping work and evaluating significance if V(d): an artifact find is made, which will also reduce the potential for disturbance to human remains. CULT-4. The project shall incorporate the State CEQA guidelines under§15064.5(e)into the project construction requirements. §I 5064.5(e)requires the following steps be taken 3 should human remains be encountered: "No further disturbance shall occur until the County Coroner has made a determination of origin and disposition, pursuant to State Health and Safety Code Section 7050.5 and Public Resources Code Section 5097.98. The County Coroner must be notified of the find immediately. If the remains are determined to be Native American, the Coroner will notify the Native American Heritage Commission (NAHC)within 24 hours,which will determine and notify the Most Likely Descendant (MLD). The MLD may recommend within 24 hours the means of treating or disposing of, with appropriate dignity, the human remains and grave goods. In the event of difficulty locating a MLD or failure of the MLD to make a timely recommendation, the human remains and grave goods shall be reburied with appropriate dignity on the property in a location not subject to further subsurface disturbance." RESPONSIBLE AGENCY CONSULTATION U.S. Fish and Wildlife Service INITIAL STUDY A copy of the initial study is attached. REVIEW PERIOD The Review Period is October 4, 2002 through November 4, 2002. If you have any comments about the Negative Declaration or Initial Study, have information that should be included, and/or disagree with the findings of our study as set forth in the proposed Negative Declaration, please submit your comments in writing no later than 5 p.m. on November 4, 2002 to Midpeninsula Regional Open Space District, 330 Distel Circle, Los Altos, CA 94022. CONTACT PERSON Sandy Sommer, Senior Planner, 650-691-1200 athy Woodbury/yq3amling Manager Midpeninsula Regional pen Space District 4 i Midpeninsula Regional Open Space District INITIAL STUDY Project title: Old Page Mill Trail Repair Project Lead agency name and address: Midpeninsula Regional Open Space District(District) 330 Distel Circle,Los Altos, CA 94022 Contact person and phone number: Sandra Sommer, (650)691-1200 Project location: The project area is situated in the lower area of Skyline Ridge Open Space Preserve, a 1,797-acre public preserve located within unincorporated San Mateo County,just southeast of the Skyline Boulevard and Page Mill-Alpine Road intersection. The project area encompasses a 1,900-foot segment of the unpaved Old Page Mill Trail. Project APN: 080-282-070, 080-290-060 Project sponsor's name and address: Midpeninsula Regional Open Space District 330 Distel Circle,Los Altos, CA 94022 General plan designation: General Open Space Zoning: RM,Resource Management Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary.) See attached Project Description Surrounding land uses and setting: Briefly describe the project's surroundings: See attached Project Description Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) • California Department of Fish and Game(CDFG) Streambed Alteration Permit • San Mateo County Grading Permit and Resource Management Zoning District Minor Development Permit • Clean Water Act Section 404 Nationwide permit from the U.S. Army Corps of Engineers(USACE) • Clean Water Act Section 401 certification and Waste Discharge Requirements under the Porter-Cologne Act(or waiver of both) from the San Francisco Bay Regional Water Quality Control Board(RWQCB) • Midpeninsula Regional Open Space District Board of Directors Authorization to Award Construction Contract Document availability: All documents referenced in the Initial Study are available for review from 8:30 a.m. to 5:00 p.m. Monday through Friday at the Midpeninsula Regional Open Space District administrative office at the address listed above 5 PROJECT DESCRIPTION The project consists of repairs along the lower reach of Old Page Mill Trail,an unpaved recreational trail located at Skyline Ridge Open Space Preserve(refer to Regional Location Map and Project Area Map on pages 11 and 12). The lower portion of Old Page Mill Trail suffered severe damage during the"El Nino" winter storms of 1998 when an existing culvert located approximately 1.2 miles from the trailhead became obstructed,diverting flow onto the trail surface.The runoff caused two large washouts,a debris slump,and other damages to several sites along approximately 1,900 feet of existing trail.Figures 1-3 depict the major damaged conditions in the project area. Federal Emergency Management Agency(FEMA)grants were awarded to the District for washout repairs to reconstruct the trail tread. The proposed project includes the following components: • Replacement of an existing undersized 24-inch culvert with a larger culvert to increase water carrying capacity, and installation of a hardened critical dip at the culvert to maintain flows within the creek bed in the event of accidental blockage. • Repair and reconstruction of a 60-foot long, 11-foot wide road washout and 40-foot long, 6-foot wide road washout. Install rock or retaining walls to support the repair,made of concrete or other durable material incorporating the following design guidelines: • Apply earth tone color mix or wash to visible concrete surfaces and if feasible, shape concrete to simulate a native rock outcropping similar in form to what naturally exists in the area. • Include random soil pockets for planting directly on or around the repair face. • If feasible,re-establish vegetation along the trail edge to further conceal views of the repair. • Clearing of the 30-foot long debris slump on the trail surface. • Minor upslope cuts to widen the trail tread to 12 feet where necessary. • Installation of drainage features such as rolling dips and outsloping to improve surface drainage conditions. • Use of soil and rock excavated onsite as backfill material for the two washouts. This borrow material is proposed to be taken from: (1)the existing debris slump proposed for clearing,(2) from selected sites through minor upslope cuts,(3) from the area surrounding the culvert replacement site where aggraded material would be removed to improve flow through the culvert, and(4) from the area near the repair site A,where the trail surface is proposed to be lowered and re-graded. • Construction staging areas located at existing widened trail clearings,away from creeks and existing trees. In total,the project requires grading of approximately 9,000 square feet(0.2 acre)of land to complete the repairs. Since the repair action will require the extensive use of heavy equipment,the project area and the entire stretch of Old Page Mill Trail will be closed to all public use for public safety during construction activities. Project construction will occur over an approximate eight-week period. The project incorporates the following construction guidelines to avoid erosion-causing conditions and potential environmental damage: • Schedule the project to occur during the daylight hours of the season Jul 15-October 15 to avoid dry (July ) erosion due to surface runoff during the construction phase. • Minimize removal of woody vegetation within 50 feet of active stream channels.Establish a 50-foot riparian buffer zone along the west fork of Lambert Creek. • Preserve existing vegetation outside of the trail corridor and construction disturbance zone to act as a filter for runoff.Minimize the disturbed area by clearly designating vegetated areas to be protected; install protective fencing around trees prior to initiating construction activities. • Properly compact all fill slopes, as specified by the project geotechnical engineer. • Maintain trail grades of 10%or less along any portion to be repaired. Outslope the trail tread at 3%to divert surface water from trails,where feasible without the removal of large trees. 6 I S r f Figure 1. The project area begins at an existing culvert crossing, which is one of few man-made structures present along the trail. The project includes the replacement of this undersized, 24-inch diameter culvert with a larger culvert to better accommodate flows of an unnamed ephemeral drainage. This drainage carries water during and after major storm events, and otherwise remains dry. The ephemeral drainage joins the west fork of Lambert Creek, an intermittent stream, approximately 1,400 feet downslope from the culvert crossing. • Construct appropriately spaced rolling dips in areas where trail gradients exceed 5% to reduce runoff concentration and avoid orienting rolling dips to shed water across unprotected fill slopes. • Install an energy dissipater at the replaced culvert outfall. • Minimize fugitive dust where necessary during earthmoving activities by watering down the disturbed soils or by applying an appropriate dust suppressant. • Remove all trash and construction-related debris at the end of each working day to maintain a clean worksite and avoid opportunistic predators of California red legged frog and marbled murrelet. • Appropriately maintain all construction equipment throughout the project: fueling, cleaning or equipment maintenance shall be prohibited except in designated areas located as far from the creek as possible and adequate containment and cleanup materials will be maintained onsite in the event of spills. • Store, cover, and contain all construction materials and fill using a tarp or erosion control blanket and silt fences in a designated area that is located away from stream channel areas to prevent the inadvertent transport of materials into stream channels. • Use temporary barrier measures such as silt fences to contain sediment originating from graded areas due to spillage or the occurrence of small rainstorm events prior to site restoration. These temporary measures should typically be placed at the toe of cut and fill slopes to slow sheet flows and be removed after the completion of construction. • Cover, restore, and stabilize disturbed soil areas as soon as practical after construction, but prior to October 15, including seeding of graded areas using locally native seed,planting numerous local native acorns (in tubes), and placing mulch and erosion control reinforcement matting on slopes over 30% and in flow channels. Re-seeding and/or planting should be implemented during the early fall to ensure successful growth. 7 ry. 4 i r i w .s. ,r i.fib �,� ��r �`� d•h � r � �v*�'K� � `_' * .t r. ��t�"� ,�,,,�'_r, `•s� � .,x r z�R•,A ,yam t� ,, '. WIN4e y I lee r F \� �:� ww x:� I _ ,�• n r � F 'T i m t-, � r ,t,� ft•• fir. - . .�* r�!• f. ' r t v .fir 1 f ' �,u•• � .¢t �� t . •.�:'� ,,'� !� -did" '+a,1 � y iti�t �{r«.\, s4�' t,Y 4 d. f T�. ♦. < �� ^� r � �1 `f��e .},.t�•,tt: 'A,. �} �tti''fit t � 4' _ . p•„` .. ' _lr kq � J .. �~; � �• i�'V �Zt +,y �, r 1 :may- f�":p?, Irv:. \. i�• � -C ��,`�, � Y.. , 'yz. � 'gi,P r lgK.� �.1�•.t, �, r � ,Ly•,�J �h�1`*! x�� ;j�•t J „•S.. '•i fir;nt + / \ 'it/ • SURROUNDING LAND USES The project area is bound to the south by a large,680-acre ranch in which the District owns a majority interest. Portola Redwoods State Park is located just south beyond the ranch. The southern extension of Old Page Mill Trail passes through both of these properties. The balance of Skyline Ridge Open Space Preserve bounds the project area to the north,east, and west. Beyond the preserve to the north is Skyline Boulevard,a two-lane highway that follows the ridgeline of the Santa Cruz Mountains. Alpine Road, a two-lane public road,is located beyond the preserve to the west. EXISTING SETTING The project area is located within Skyline Ridge Open Space Preserve,a 1,797-acre public open space preserve with more than eleven miles of mixed-use trails that is owned and managed by Midpeninsula Regional Open Space District. The property is located in the unincorporated area of San Mateo County,just southeast of the Skyline Boulevard and Page Mill-Alpine Road intersection. The project area encompasses a 1,900-foot long segment of the lower remote reach of Old Page Mill Trail, a 12-foot wide,unpaved trail that is open for low-intensity recreational use by hikers,equestrians and bicyclists and for occasional ranger patrol by vehicle. The trail begins just south of Alpine Pond and descends the Lambert Creek watershed at a moderate grade,crossing several culverted ephemeral drainages before reaching its current terminus at the west fork of Lambert Creek.No buildings or habitable structures are found along the trail. Old Page Mill Trail is located on the west-facing slope of the coastal Santa Cruz Mountain Range,in a steeply incised canyon characterized as a mixed evergreen forest with predominantly California bay,coast live oak tan oak,madrone,Douglas fir, and coast redwood on the north-facing slopes with chaparral present on the drier, south-facing slopes. Annual rainfall can be heavy within the project area.The lower reach of Old Page Mill Trail follows the meander of an ephemeral tributary to Lambert Creek. Average side slopes in the project area range from 25 to 35 degrees.At several points along the trail,large rock outcrops composed of sandstone can be found on the uphill cut slope. From the culvert crossing,which lies at an elevation of 1,735 feet above sea level,the trail slopes gently downhill at an average grade of 5%to the end of the project area, which lies at a 1,660 foot elevation. SUBSEQUENT ACTIONS Upon District Board certification of this negative declaration,the following actions will occur: • Application for California Department of Fish and Game(CDFG) Streambed Alteration Permit • Application for San Mateo County Grading Permit and Resource Management Zoning District Minor Development Permit • Application for Clean Water Act Section 404 Nationwide permit from the U.S. Army Corps of Engineers(USAGE)if required • Application for Clean Water Act Section 401 certification and Waste Discharge Requirements under the Porter-Cologne Act(or waiver of both) from the San Francisco Bay Regional Water Quality Control Board(RWQCB) • Bidding and construction of the project repairs 10 SKYLINE RIDGE OPEN SPACE PRESERVE Old Page Mill Road Repair Project Union City., • San Francisco Bay re Beim \ \ 'f F • Ravenswood + 92 s R fast 0 Ci o \ 880 84 Men P dS �. °+ Steven's Creek Purl Woo ide O \(Olean s"A—) Alt ` � �` o• 101 Mountain 1237 �� y• View Ma 280 b Portola �� +v �' 880 ♦ . Valley 1 \� Santa Los Altos i82 Clara HillsSqn Sian Gregorio C khan r n Project 84 �' C pbell -La Hnda Ru an Location Pertino'- w 'II.Id9 Picchi Fret �' y 87 fi nc� O 'r Saratoga • 4 f� 4 805 i IVIVIyte 1 Los Gatos Serenb Y .�asepillh's � � tl Ou 1pilup eser Sleara zul (K�nrrt/7rEl�klln Sr ura Azul (GlfaMnl Oak's) 9 .ra. a � Mr. mannum) Pacific Ocean 2 a � 17� :. A EXHIBIT A: Regional Project Location Map 8 4 0 8 16 Miles SKYLINE RIDGE OPEN SPACE PRESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Coal Cratk"xr SI>ice Presc►ve .rb Alpene R� 1r.3 r+r7 0. nd ay rle d ® 0.4 rl V ' p 0.2 IRR,/t, V(U iM az1-3 tf;;a J" ~�}} � AW�A1 0NTE 13E LO 0.2 C/ OPE PACE PRESEkV C P tt"�1' 01 0.2� ® O�tMRat? :�•� 74W a5 ...® a; J l 0.3 a0S 0.] 1?IIUA {(^0,3 Ill REPAIR \ a6. PROJECT �.,r�t SJ,M trrr Eaw 0.a LOCATKItI xxx, 0.7 04 ��.•�; 11,0 f .1 .1 .4 i .6 J .a .9 1.0 La .R. a x71 cefrt-wfve 6�11 Oee�4fc Trail Use Map Legend H iking 6nly ® Q o El Hiking,tliatdinx, (rte l�+r iraR Untanax in Milrx Ranger laailiiv Re'u. n W1.4rA.arss PJrkinRLur InhK PuLii,Landr Equay(rian bail tlar Arav Ri,lgr I rail Il uqs me rat alluwad (1—k R.-.i:Mrar Hmdia nptil Frpa-d—,Perkin9 N,,P.14,Enlrl am tle.pr—,r Pnrkingo4v n.+.=.,,.....1:.,.n. Exhibit B: Project Area Map 12 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agriculture Resources ❑ Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils 0 Hazards & Hazardous Materials 0 Hydrology/Water Quality 0 Land Use/Planning 11 Mineral Resources 11 Noise 0 Population/Housing 0 Public Services 11 Recreation 1:1 Transportation/Traffic 11 Utilities/Service Systems 0 Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: ❑ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature Date Midpeninsula,Regional Qpen Space District Printed Name For 13 � — INSTRUCTIONS FOR EVALUATION OF ENVIRONMENTAL IMPACTS: /) /\brief explanation is required for all answers except"No Impact" answers that are adequatelysu by the information sources lead agency cites in the parentheses following each question. A"No Impact"answer is � adequately supported if the referenced information sources show that the impact simply does not apply mo � projects like the one involved (e.g., the project falls outside a fault rupture zone). A"No Impact"answer should � be explained where it is based on project-specific factors as well as general standards (e.g., the project will not � expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2> All answers must take account of the whole action involved, including off-site as well ason-site,cumulative as well as project-level, indirect as well as direct and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur,then the checklist answers mug indicate whether the impact is potentially significant, less than significant with nn|dgu1imn, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. |f there are one or more"Potentially Significant Impact"entries when the determination is made, an BK |srequired. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated"applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact"to a "Less Than Significant � Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XV||, "Earlier Analyses,"as described in (5) � below, may becrnss-vefemenced). S) Earlier analyses may he used where, pursuant tn the tiering, program E|R, or other[EQA process, an effect has � been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, abrief discussion should identify the following: � a> Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are"Less than Significant with Mitigation Measures Incorporated,"describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include reference hmthe page m/pages where the statement is substantiated. 7> Supporting hm individuals contacted should be cited in the discussion. u) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant bm a pnmiect'senvinmnmenta|effects in whatever format is selected. 9> The explanation of each issue should identify: � � significancea) the teria or threshold, if any, used to evaluate each question; and | b) the mitigation measure identified, if any, to reduce the impact to |ns*than significance � � / � � }4 � / � � � ENVIRONMENTAL IMPACTS Issues: Less Than Significant Potentially with Less Than Significant Mitigation Significant Impact Incorporation Impact No Impact I. AESTHETICS—Would the project: a) Have a substantial adverse effect on a scenic vista? 13 13 19 0 b) Substantially damage scenic resources, including, but not 0 0 11 limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? 0 Substantially degrade the existing visual character or 13 0 ❑ quality of the site and its surroundings? d) Create a new source of substantial light or glare, which 0 ❑ would adversely affect day or nighttime views in the area? [I. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (11997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland 13 0 11 19 of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) involve other changes in the existing environment, which, 11 due to their location or nature, could result in conversion of Farmland, to non-agricultural use? III.AIR QUALITY—Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable MR air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? 15 Issues: Less Than Significant Potentially with less Than Significant Mitigation Significant Impact Incorporation Impact No Impact c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number 11 0 1:1 19 of people? IV.BIOLOGICAL RESOURCES—Would the project: a) Have a substantial adverse effect, either directly or 19 0 11 through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have"a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native 0 13 19 11 resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting 0 ❑ 19 0 biological resources, such as a tree preservation policy or ordinance? 0 Conflict with the provisions of an adopted Habitat 11 ❑ 11 19 Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? 16 Less Than Issues: Significant Potentially with Less Than Significant Mitigation Significant Impact Incorporation Impact No Impact V. CULTURAL RESOURCES—Would the project: a) Cause a substantial adverse change in the significance of a 0 9 0 historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the significance of 13 11 an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? VI.GEOLOGY AND SOILS—Would the project: a) Expose people or structures to potential substantial 0 19 0 adverse effects, including the risk of loss, injury, or death involving: 0 Rupture of a known earthquake fault, as delineated on 0 13 19 11 the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii)Seismic-related ground failure, including liquefaction? 19 iv) Landslides? rXI b) Result in substantial soil erosion or the loss of topsoil? 13 c) Be located on a geologic unit or soil that is unstable, or FX1 that would become unstable as a result of the project, and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? 17 Issues: Less Than Significant Potentially with Less Than Significant Mitigation Significant Impact Incorporation Impact No Impact VII. HAZARDS AND HAZARDOUS MATERIALS — Would the project: a) Create a significant hazard to the public or the ❑ ❑ ❑ 19 environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the 0 ❑ environment through•reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of ❑ hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, ❑ 11 0 19 where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? For a project within the vicinity of a private airstrip, ❑ 11 19 would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? VIII. HYDROLOGY AND WATER QUALITY—Would the project: a) Violate any water quality standards or waste discharge requirements? 18 Issues: Less Than Significant Potentially with Less Than Significant Mitigation Significant Impact Incorporation Impact No Impact b) Substantially deplete groundwater supplies or interfere 13 11 11 19 substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site 19 13 or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on-or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on-or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? Otherwise substantially degrade water quality? g) Place housing within a 1 00-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 1 00-year flood hazard area structures, 0 which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, 0 0 injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? 1:1 ❑ IX.LAND USE AND PLANNING -Would the project: a) Physically divide an established community? 19 Issues: Less Than Significant Potentially with Less Than Significant Mitigation Significant Impact Incorporation Impact No Impact b) Conflict with any applicable land use plan, policy, or 0 regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or 11 ❑ natural community conservation plan? X. MINERAL RESOURCES—Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? XI.NOISE —Would the project result in: a) Exposure of persons to or generation of noise levels in 11 0 0 9 excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive ❑ 11 11 19 groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient 9 0 noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, 11 0 0 19 where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? 20 Issues: Less Than Significant Potentially with Less Than Significant Mitigation Significant Impact Incorporation Impact No Impact X11. POPULATION AND HOUSING —Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, ❑ 11 0 19 necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the ❑ 0 11 19 construction of replacement housing elsewhere? XIII.PUBLIC SERVICES a) Would the project result in substantial adverse physical 0 0 impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? XIV. RECREATION a) Would the project increase the use of existing 0 11 19 13 neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require 0 1:1 9 the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? 21 Issues: Less Than Significant Potentially with Less Than Significant Mitigation Significant Impact Incorporation Impact No Impact XV. TRANS PORTATIONITRAFF IC—Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of 13 13 11 19 service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either 11 11 0 19 an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature 11 0 13 19 (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? 11 11 0 0 0 Result in inadequate parking capacity? 11 0 13 g) Conflict with adopted policies, plans, or programs 0 13 11 supporting alternative transportation (e.g., bus turnouts, bicycle racks)? XVI. UTILITIES AND SERVICE SYSTEMS—Would the project: a) Exceed wastewater treatment requirements of the 13 11 11 applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or 13 13 11 19 wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water 13 0 1-3 19 drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the 11 project from existing entitlements and resources, or are new or expanded entitlements needed? 22 Issues: Less Than Significant Potentially with Less Than Significant Mitigation Significant Impact Incorporation Impact No Impact e) Result in a determination by the wastewater treatment ❑ ❑ ❑ 19 provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually ❑ 19 11 limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects, which will ❑ 11 19 11 cause substantial adverse effects on human beings, either directly or indirectly? 23 Attachment A EXPLANATION OF ANSWERS For Sources, refer to page 48 . I. AESTHETICS Would the project: I(a) Have a substantial adverse effect on a scenic vista? Explanation: Less than significant(Source: 1, 2). Old Page Mill Trail is one of many trails open for public recreational use at Skyline Ridge Open Space Preserve. The trail offers a variety of scenic vistas as it winds down the south-facing slope of the Santa Cruz Mountains, which include distant views of the Peters Creek watershed, chaparral-covered ridgelines, and deeply incised mixed-evergreen canyons. The actual project area is located along a 1,900-foot long(0.37-mile) lower segment of the 1.7-mile trail, in a transition zone of mixed- evergreen forest and chaparral (Figures A and B below depict typical views of the project area). The characteristic steep topography and dense surrounding vegetation restrict views within the project area to the trail corridor and to the immediate surroundings. These factors also prevent views into the project area from surrounding sites. As a result, the project would not have a substantial effect on scenic vistas. Moreover, views in the project area are expected to improve with implementation of the project since it proposes to repair and restore two existing large washouts that have created visible denuded openings along the trail corridor due to the extensive loss of soil and vegetation. y �f J S- f�y� -� Figure A. Typical forested view looking upslope along Old Page Mill Trail. The 1,900-foot segment of trail that defines the project area is largely under a canopy of coast redwood, Douglas fir, Tan oak, California bay, and Big- leaf maple. The overhead canopy, surrounding vegetation, and steep topography limit views of the project area to short lengths of the trail corridor. 24 y, r " � q �, '.Y � •�n. �'��`_''�'. F '.p+' ::� III s K Y. q At Figure B. Between the largely covered canopy sections of Old Page Mill Trail, there are short sections that wind through more open areas covered predominately by low-lying shrubs and grasses. Views of these areas are still largely constrained due to the surrounding taller vegetation and the characteristic steep topography. I(b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? Explanation: No impact(Source: 3). The project area is not located within a state or county scenic highway or corridor. The nearest state scenic highway is Highway 35 (Skyline Boulevard) and the nearest county scenic road is Alpine Road; both scenic roadways are located more than 1,500 feet from the project area. The surrounding topography and heavy vegetation cover conceals views into the project area from Highway 35 and Alpine Road. The project would therefore not impact scenic resources within state or county scenic highways or corridors. I(c) Substantially degrade the existing visual character or quality of the site and its surroundings? Explanation: Less than significant(Sources: 1, 2). The project area features an existing road-width, unpaved trail that follows the natural contour of a deeply incised, largely forested canyon. An existing culvert and District signs are the only present man-made structures within the project area. Due to the extensive canopy cover that is predominated by coast redwood, Douglas fir,Tan oak, California bay, and Big-leaf maple, views in the project area are limited to the immediate surroundings and short segments of trail. The trail repair project includes: the replacement of an existing 24-inch culvert with a larger culvert; repair and reconstruction of 60-foot and 40-foot wide road washouts that have eliminated significant trail segments; clearing of a 30-foot wide landslide slump where debris now blocks the trail; and minor cuts and fills to widen the trail tread needed. Please refer to Figures 1 through 3 in the project description for pictures depicting the major repair locations within the project area. The proposed repair work would necessitate the removal of 25 approximately(3) trees greater than 12 inches in diameter at breast height(dbh) growing in the project area. (Refer to Section IV(e) for more information). Additionally, approximately 10 to 15 small trees(between 4 and 12 inches dbh)will also be removed as a result of the project. Visual impacts p J P from selective tree removal would not significantly impacts the visual quality of the area given the forested environment that already provides an abundant tree cover and the revegetation plan for the site that includes the planting of numerous local native acorns. 9' Repair of the two large washouts would include the need for rocking or retaining walls made of concrete or other durable material. These small structures would be placed off trail and result in only localized changes that are not expected to significantly alter the scenic qualities of Old Page Mill Trail. The design guidelines included in the project ensure that a man-made repair materials will be visually compatible with the open space surroundings. Moreover, it is expected that even with these minor repair structures,the project would actually improve the current visual conditions of the area given that the project proposes to repair and restore two severe { scarps that have dramatically altered the surrounding vegetated landscape. w � Figure 6. The project area includes one moderate slump where soil and debris from the upslope hillside has fallen onto the trail surface, creating an obstruction for equestrians and patrol and maintenance vehicles. The project proposes to remove the slump and use the native material as a source of fill to repair the existing 40-foot washout that is located just below the slump. I(d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? Explanation: No impact(Source:4). The proposed project will not include new building structures or lighting facilities. District patrol vehicles traveling on the road-width trail will be present only infrequently and almost exclusively during daylight hours for patrol purposes and maintenance. District Ordinance 93-1, Section 805.2 prohibits use of the preserve by the public during the nighttime. The proposed project will therefore not create a new source of light or glare. II. AGRICULTURAL RESOURCES In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: 26 11(a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide importance(Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? Explanation: No impact(Source: 5). No change in land use is proposed as part of the repair project. Moreover, the California Department of Conservation Farmland Mapping and Monitoring Program maps for the project vicinity indicate that no prime farmland,unique farmland,or farmland of statewide importance would be disturbed by the project. 11(b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? Explanation: No impact(Sources: 1,6). The project area is zoned Resource Management(RM). San Mateo County includes public recreation use as an allowed use for RM districts. The property, which was previously known as Skyline Ranch, was acquired by the District in 1982 and dedicated for public open space use in 1986.The previous owner placed the land under a Williamson Act contract.The Williamson Act provides for lowered property taxes for lands maintained in agricultural and certain open space uses.The landowner enters into a contract with the county to restrict land uses to those compatible with agriculture,wildlife habitat, scenic corridors,recreational use, or open space.The property is currently managed as an open space preserve and is open for public recreational use. The project repairs will not change uses within the preserve.The project is therefore not in conflict with the Williamson Act contract. 11(c) Involve other changes in the existing environment,which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? Explanation: No impact. See 11(a) and(b)above. Ill. AIR QUALITY Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: 111(a) Conflict with or obstruct implementation of the applicable air quality plan? Explanation: No impact(Source: 4). The project does not involve an expansion of the preserve's non- motorized recreational trail uses,which themselves do not generate odors, dust,or other air pollutant emissions that conflict with the applicable air quality plan. Under District Ordinance 96-1, operation of motor vehicles by the public within the preserve is prohibited,thus limiting motor vehicle emissions to ranger patrol and maintenance vehicles. No expansion of maintenance or patrol levels would be required by the project. 111(b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Explanation: Less than significant(Sources: 4,7, 8,9, 10). The U.S. Environmental Protection Agency and the California Air Resources Board(ARB)have each developed ozone and respiratory particulate matter(PM 10) standards to identify acceptable levels of short-term and long-term air pollution. The project does not involve an increase in motor vehicle operation, a significant contributor to ozone pollution level violations. The project would therefore not contribute substantially to projected ozone violations due to vehicle emissions.However, other major sources for PM10 pollution include dust from construction. The project is located within San Mateo County,which is part of the larger San Francisco Bay Area Basin(Bay Area),a region that has met national short-and long-term PM 10 Standards since 1992. According to available 1988-1997 data from the ARB, San Mateo County has also consistently met the more stringent state standards 27 for long-term(annual mean)PM 10 exposure levels, and experienced a marked decline in short-term(24-hour) PM 10 concentrations between 1990 and 1996. The Bay Area Air Quality Management District(BAAQMD)has further noted that the highest PM 10 concentrations in the Bay Area are generally recorded in the winter, especially during the evening and night hours due to high use levels of wood burning stoves and fireplaces. The timing of the proposed project would avoid these periods of high PM 10 emissions; the temporary construction- related earthmoving activities would occur during the daylight hours of summer and fall for an estimated eight- week construction period. Since the project is temporary and small-scale in nature,any potential dust emissions resulting from the project would be localized and limited to the short-term construction period. Moreover,the potential for airborne dust due to truck and equipment operation would be minimal given that District ordinances limit speeds on District land to 15 miles per hour and 5 miles per hour when passing preserve visitors. Other additional dust suppression measures that are described in the project description, such as watering down and revegetating exposed areas, would further minimize dust emissions from the project and result in only a temporary and negligible increase in local PM10 concentrations.Therefore,the project would not violate air quality standards or contribute substantially to an existing or projected air quality violation in the Bay Area. 111(c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? Explanation: Less than significant(Sources: 7, 9, 10). As discussed in 111(b),the temporary and small-scale nature of the project may generate short-term, localized dust emissions. These emissions may result in only a temporary and negligible increase in local PM 10 concentrations during the construction period and are not expected to create a cumulatively considerable net increase of PM 10 pollution as regulated under federal or state ambient air quality standards. 111(d) Expose sensitive receptors to substantial pollutant concentrations? Explanation: Less than significant. (Source: 7,9)According to the BAAQMD,"sensitive receptors"include children,the elderly,exercising adults, and those suffering from asthma or bronchitis.The project area is located within an open space preserve that offers more than eleven miles of public trails for hiking,bicycling,and equestrian use. Individuals who are visiting the preserve for recreation and exercise may be considered at a higher risk of suffering adverse health effects from the inhalation of minute dust particles classified as PM 10, which are small enough to be inhaled into the deepest part of the lungs. Since the project area would be closed to all public use during construction activities,persons exercising in the preserve would be restricted from accessing the construction site and therefore,would not be exposed to any potentially localized elevations of PM 10 levels. 111(e) Create objectionable odors affecting a substantial number of people? Explanation: No impact. (Source: 1)Given that the intent of the project is to reestablish low-intensity,non- motorized recreational use of the area,which does not emit objectionable odors,the project would not create any offensive or objectionable odors. The temporary construction repair activities are also not expected to create any objectionable odors. IV. BIOLOGICAL RESOURCES Would the project: IV(a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? 28 Explanation: Less than significant with mitigation incorporation. (Source: 11, 12, 13, 14, 15, 16, 17, 18). The project would not have a significant impact on special status species in terms of habitat removal, significant landscape alteration,or food chain modification upon which they depend. As described more fully in the project description,the project consists of a series of small repair sites and soil borrow areas that disturb approximately 9,000 square feet(0.2 acre), including a portion of the bed of a seasonal drainage. These repair sites are scattered along approximately 1,900-feet of existing trail. Potential impacts to sensitive species, as well as sensitive habitats,will be limited to those temporary impacts associated with project construction, since the project involves restoring the existing damaged trail to a sustainable configuration consistent with the pre-storm condition.All potential impacts can be either avoided or reduced to insignificant levels through the mitigation measures listed in this section. 1. SPECIAL STATUS PLANT SPECIES No special-status plant species were detected during the reconnaissance-level survey. The Federal Emergency Management Agency(FEMA)has determined that the project will not significantly effect federally-listed plants based on known distributional records and range information and the lack of suitable onsite habitat or soil characteristics. A search of the California Natural Diversity Database indicated no known occurrences of special-status plant species within a 2,500-foot diameter region in the vicinity of the study area. Some special- status species may potentially occur in or near the project area that were not observed during the onsite plant survey; Table IV(I)below identifies these species,plant communities, and blooming period. Table IV(1): Special-status Plant Species Potentially Present in the Project Area Plant Species Blooming Period Common Name Plant Community and Phenology Western leatherwood Mixed evergreen forest,mixed oak woodland January—April CNPS list(IB) Deciduous shrub Santa Clara red ribbons Chaparral,mixed oak woodland April—July CNPS list(IB) Annual herb King's Mountain manzanita Chaparral,broadleaved upland forest, north January—April CNPS list(4) coast coniferous forest Perennial shrub Santa Cruz manzanita Chaparral,mixed evergreen forest,redwood Nov—Mar CNPS list(IB) forest(openings and edge habitats) Perennial shrub San Francisco collinsia Northern coastal scrub,closed-cone pine forest April—June CNPS list(4) Annual herb Robust monardella Chaparral(openings),cismontane woodland June—July CNPS list(IB) Perennial herb Arcuate bush mallow Chaparral April—July CNPS list(4) Perennial shrub Mountain lady's slipper Yellow pine forest,mixed evergreen forest June—August CNPS list(4) Perennial herb Ben Lomond buckwheat Chaparral, foothill woodland,yellow pine Jun—Aug CNPS list(IB) forest(sandy soil coastal habitat) Perennial herb Dudley's lousewort Chaparral, valley and foothill grassland, north April—June CNPS list(IB), State:Rare coast coniferous forest Perennial herb Impacts to Special-status Plant Species: The project could result in impacts to special-status plant species if any occur within the approximately 9,000 square-foot area that would be disturbed by construction. Mitigation incgMorated into project for Wecial-status plants species: BIO-1. In order to determine the presence or absence of special-status plant species occurring within the repair 29 and soil borrow areas disturbed by construction, focused plant surveys shall be conducted prior to initial ground breaking. The focused plant surveys shall be scheduled based on the blooming period for each plant species listed in Table IV(I) unless the plant species is identifiable in the non-blooming period(as is the case for many perennial shrubs). If any special-status plant species are found, areas supporting the species will be avoided where feasible.If a special-status plant species cannot be avoided,a plan detailing the on-site mitigation shall be developed based on consultation with the appropriate agency, such as CDFG. Areas proposed for revegetation and restoration may be included as part of the on-site mitigation. Hand planting during restoration does not require fencing to prohibit movement of special-status amphibian species into the planting area. 2. SPECIAL STATUS ANIMAL SPECIES Federally listed animal species that were assessed for presence in the project area include: California red legged frog(Rana aurora draytonii), marbled murrelet(Brachyramphus marmoratus), San Francisco garter snake (Thamnophis sirtalis teirataenia), and Central California Coast steelhead(Oncorhynchus mykiss). Several raptor,bat,and passerine species described below are also considered to have a moderate potential to occur within the study area and nest on site. The project includes construction guidelines(see page 6)that would avoid or minimize potential impacts to special status wildlife species, including scheduling the project during the dry season,incorporating various erosion control measures to prevent turbidity and contain downstream sedimentation, and re-vegetating and restoring disturbed areas. California Red-legged Frog The California red legged frog(CRLF),which is federally listed as threatened and is a California Species of Special Concern,may potentially occur in the project area.CRLFs require several habitat types, including aquatic,dispersal, and upland habitat components. Suitable aquatic habitat consists of still or slow-flowing fresh water at least 8 inches deep and free of introduced predators. Dispersal habitat consists of upland and aquatic areas free of barriers. Upland habitat consists of areas within 500 feet of the edge of suitable aquatic habitat and is used for aestivation and cover from predators. CRLFs have never been directly observed within the project area. However,there have been observations elsewhere on the 1,797-acre Skyline Ridge Open Space Preserve(Preserve)including Alpine Pond and Horseshoe Lake;both ponds are located more than 2,000 feet north of the project site near Skyline Boulevard and considered CRLF breeding ponds.No CRLF breeding habitat exists within the project area.Other observations in the vicinity include Peters Creek,which is located downstream of the project area beyond the Preserve boundary. The large cobble substrate and thick leaf litter mat that compose the channel bottom of the ephemeral drainage may provide habitat for aestivation and foraging. The unnamed west fork of Lambert Creek may also be used by resident and dispersing CRLF; the channel bottom is composed of gravel,large cobbles, and woody debris,and the stream banks are covered with dense understory vegetation. It is not likely that the CRLF will use the areas under repair for anything other than a dispersal corridor. Impacts to California red-legged fro Due to the presence of CRLF both up and downstream of the project area,it is possible that CRLF could utilize the project area as dispersal or upland habitat. The ephemeral drainage or the west fork of Lambert Creek could provide appropriate dispersal habitat between populations in Alpine Pond, Horseshoe Pond, and Peters Creek. Several repair sites or soil borrow areas could potentially serve as upland habitat. Potential impacts to dispersing or foraging CRLF due to implementation of the project include incidental death, injury,or displacement from temporary construction-related earthmoving activities. No permanent post- construction impacts are expected. Disturbance would be short-term, lasting the duration of the construction activities. Other potential impacts to CRLFs could include temporary increase in turbidity and downstream sedimentation during construction activities,however, the project includes water quality protection measures which fully 30 mitigate the potential for such impacts to a less than significant level. Mitigation incorporated into project for impacts to California red legged frog: The following mitigation measures are excerpted from the U.S. Fish and Wildlife Service(USFWS)Biological Opinion for the project dated April 29, 2002; please consult this document if further explanation is needed.The measures successfully mitigate the project's temporary construction-related impacts to the California red legged frog to a less than significant level, B10-2. Pre-Construction Surveys. A qualified biologist or other qualified personnel shall conduct pre- construction surveys to determine the onsite presence of CRLFs. If CRLFs are identified onsite,U.S.Fish and Wildlife Service(USFWS)and the District shall be notified, and an USFWS-approved biologist shall move the CRLFs to a suitable location in the project vicinity. BIO-3. Training. A training session for all construction workers shall be conducted prior to the onset of construction activities. At a minimum,the training shall include a description of the natural history of California red-legged frogs and their habitats, the general measures that are being implemented to conserve the red-legged frog as they relate to the project, and the boundaries(work area)within which the project must be accomplished. BIO-4. Exclusionary Fencing. Install exclusionary fencing as appropriate to prevent CRLFs from entering the work area. Erosion control measures such as silt fences may be combined with the exclusionary fencing for CRLFs. Well-anchored silt fences shall be installed below both of the washout repair sites and at other locations, as appropriate to contain any soil from the construction zone before it reaches creeks or drainages in the vicinity of the project area. Silt fences shall be checked for efficacy and maintained as necessary,but not less frequently than once per week. BIO-S. Monitoring.A qualified biologist shall be present at the work site until such time as all relocation of CRLFs, instruction of workers,and initial ground disturbing construction activities including backfilling and excavation have been completed,to ensure that no CRLFs are harmed by the work. If CRLFs are discovered onsite during construction,work shall be stopped, USFWS notified, and an USFWS-approved biologist shall move the CRLFs to a suitable location in the project vicinity. Erosion control devices and exclusion fencing shall be checked for integrity on a daily basis and repaired if needed. BIQ-6 Documentation. Any CRLFs observed, captured, and/or relocated shall be documented in a report and submitted to USFWS. Marbled Murrelet The marbled murrelet is federally listed as threatened and state-listed as endangered.Marbled murrelets are dependent on old growth,coniferous forest for nesting and near-shore marine waters for foraging. In the Santa Cruz Mountains,and redwood forests in general,most murrelet nests occur in large branches(greater than eight inches in diameter), or structures associated with large branches of old-growth trees. USFWS describes individual nest trees as large trees,generally more than 32 inches diameter at breast height(dbh)with the presence of potential nest platforms or deformities sufficient in size to support adult murrelets. In California, murrelets begin nesting from early April to early July. Adults usually fly from ocean feeding areas to nest sites at dusk and dawn to feed their young. No observations of marbled murrelet have been recorded in Skyline Ridge Open Space Preserve.The project site is more than 11.2 miles inland and offers fairly poor-quality habitat for marbled murrelets. However, in central California,marbled murrelets are known to nest in mature and old growth forests as much as I I miles inland. Murrelets have been observed approximately 6 miles inland,downstream of the project area,on Pescadero Creek near its confluence with Peters Creek in Portola Redwoods State Park. 31 Impacts to Marbled Murrelets: No trees suitable for nesting murrelets (greater then 32 inches dbh or platform trees) would be removed as part of the proposed project. Therefore, there would be no direct impacts to murrelet nests or nesting sites. However, potential nest trees are present within 0.5-miles of the project area,particularly on the northwest facing slope above the west fork of Lambert Creek. Large Douglas firs compose the overstory in this area; some appear to have branches large enough to be suitable for nesting marbled murrelets. Due to the known occurrences of marbled murrelet in other parks near the project area, and the presence of suitable nesting sites within 0.5-miles of the project area, it is possible that the project would result in noise impacts or disturbance to nesting murrelets during construction activities. Mitigation incorporated into project for impacts to Marbled Murrelets: BIO-7. Tree disturbance. No platform trees or mature second-growth trees suitable for murrelet nesting shall be removed from the project area. BIO-8. Project Scheduling. Work conducted during the later portion of the murrelet breeding season(July 15— September 15)shall not begin until one and one half hours after sunrise and shall end by 5:30 p.m. to avoid the time period when murrelets would most likely travel through the Preserve(dawn and dusk). San Francisco Garter Snake The San Francisco garter snake is a San Francisco Bay Area endemic that is currently federally and state-listed as endangered. It is known only from San Mateo County,California; the species'range has been described as "the western portion of the San Francisco Peninsula," from the San Francisco County line south to Crystal Springs Reservoir, along the coast,and east into the Santa Cruz Mountains. The San Francisco garter snake is typically observed in open grassland in the vicinity of standing water,chiefly ponds.Preferred habitat includes perennial bodies of fresh water(including marshes,natural ponds, stockponds, and slow-moving streams)that offer dense vegetation cover,abundant prey, and a lack of competitive predators. The presence of adjacent upland areas with abundant small mammal burrows for summer foraging and winter hibernation is also important habitat requirements. San Francisco garter snakes feed primarily on amphibians; principal prey species include CRLF,Coast Range newt,three-spine stickleback, and Pacific chorus frog. In the 1940s, San Francisco garter snakes were fairly common along Skyline Boulevard in ponds that also contained California red-legged frog. The only recent observations in the vicinity of the project area were at sites located approximately 2 miles east of the project area,Mindego Lake and Knuedler Lake near Mindego Hill. One additional sighting has been recorded from the Upper Crystal Springs Reservoir,which is located near the junction of Highway 280 and Highway 92. The immediate project area does not provide suitable grassland or pond habitat required for San Francisco garter snake.Moreover,the species is not typically found in forested habitats like those found at the project site. Therefore,it is unlikely that the proposed project would significantly impact San Francisco garter snake. Although already less than significant,avoidance and minimization measures implemented for California red- legged frog(e.g.,exclusion devices) and the water-quality protection features that are already part of the project would further mitigate beyond concern any possible impacts to San Francisco garter snake. Steelhead Steelhead belonging to the Central California Coast(CCC)Evolutionary Significant Unit(ESU),which includes the project area,are federally listed as threatened.Optimal steelhead spawning and rearing habitat consists of clear, cold, well-oxygenated fresh water with a silt-free gravel substrate. Desirable spawning streams typically offer ample cover in the form of substrate,woody debris, overhanging vegetation and/or overhanging banks. Spawning generally occurs from January through July. Steelhead can spawn in intermittent streams,but juveniles move into perennial streams soon after hatching. At the time of the site visit,the west fork of Lambert Creek was flowing both up and downstream of the project site;the reach immediately adjacent to the project site was apparently moving as shallow groundwater beneath a large debris jam.No fish were observed in the stream during the site visit. No formal surveys for steelhead have 32 been completed in the project vicinity since 1962,but steelhead have been observed as much as 5.7 miles inland in Peters Creek. Lambert Creek joins Peters Creek approximately 0.75 miles downstream of the project area. Aquatic habitat in the vicinity of the proposed project area(Lambert Creek,the west fork of Lambert Creek) could potentially provide appropriate spawning habitat or juvenile rearing habitat during periods of high flow or late season rains. Based upon the project construction guidelines(see page 6),the National Marine Fisheries Service(NMFS) concluded that the project is not likely to cause significant impacts to threatened CCC ESU steelhead. Raptors,Bats,and Passerines The mixed-evergreen and interspersed chaparral habitats found in the project area provide habitat for a variety of raptors,bats, and passerines. Several special-status bat species,including the Fringed Myotis and Long-eared bat,have a moderate potential to occur within the project area. Several raptor(birds of prey) species,including Cooper's hawk, sharp-shinned hawk,American kestrel and red-shouldered hawk,are considered to have a moderate potential to occur within the project area based on the presence of suitable nesting habitat(trees)and the presence of these species in the general area. Several passerine(perching bird)species,including scrub jays, may be nesting on site in the chaparral and trees within the study area. Focused surveys for nesting raptors,bats or passerines have not been conducted within the project area. Impacts to Raptors,Bats and Passerines: If trees larger than 12 inches diameter at breast height(dbh) containing suitable nesting habitat for raptors or passerines are to be removed,disturbance during the nesting season may result in potential nest abandonment and mortality of young. The proposed project would result in the removal of approximately 3 trees(California bay and tan oak)greater than 12 inches dbh, as discussed further under Section IV(e). Mitigation incorporated into proj ect for iMpacts to Raptors, Bats and Passerines: BIO-9. Construction is scheduled to occur anytime between July 15 and October 15. If construction takes place during July,which is part of the breeding season for these species,a qualified biologist shall conduct pre- construction surveys no more than 30 days prior to construction to determine if raptors,bats,or passerines are nesting within the trees to be removed. If raptors are nesting in these trees,the biologist shall determine an appropriate buffer zone around the nest, and construction within the buffer zone shall be postponed until all young are fledged, as determined by the biologist. IV(b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies,and regulations, or by the California Department of Fish and Game or US Fish and Wildlife Service? Explanation: Less than significant. (Source: 11, 14, 15) Special-status natural communities are those that are considered rare in the region, support special-status plant or wildlife species, or receive regulatory protection (i.e. critical habitat designated by the U. S. Fish and Wildlife Service under the Endangered Species Act, §404 of the Clean Water Act, and/or the CDFG §1600 et seq. of the California Fish and Game Code).The California Natural Diversity Database has also designated a number of natural communities as rare. Riparian habitats are considered to be sensitive and declining resources by CDFG and the USFWS. Old Page Mill Trail passes through chaparral and second-growth mixed evergreen forest as it descends into the Lambert Creek watershed. Mixed evergreen forest is found on the north-facing slopes, and chaparral is present on the drier south-facing slopes. Two riparian zones are found within the project area. A seasonal, or ephemeral drainage parallels the upper trail segment and continues down slope for approximately 1,000 feet where it then joins the west fork of Lambert Creek. The west fork of Lambert Creek is a spring-fed intermittent stream that drains Alpine Pond and the western side of the preserve before joining the main stem of Lambert Creek. The active stream channel of the west fork is approximately 15 feet wide with a 2-foot-wide low-flow channel. Typically,the west fork of Lambert Creek ceases to flow in the late summer. Additional discussion of project area creeks can be found in 33 Section IV(a)above. The project area is located within Unit 14 of the formally designated critical habitat for the California red-legged frog. Effective July 2,2002,the U.S. Fish and Wildlife Service signed a settlement agreement in the U.S. District Court to rescind its former designation of critical habitat for California red-legged frog and CCC ESU steelhead after a legal challenge by a home builder's association. The agency expects to re-designate critical habitat by 2005.The project area does not fall within the formally delineated critical habitat for the marbled murrelet. Section IV(c)below discusses the project's effects on wetlands and waters protected under Section 404 of the Clean Water Act. Certain natural communities described could support special status species, as discussed above in Section IV(a). However,USFWS concluded that mitigation measures BIO-2 through BIO-6 incorporated into the project are sufficient to protect the critical habitat of the California red legged frog.NMFS concluded that with construction guidelines included in the project description,the project is not likely to significantly impact the critical habitat for threatened CCC ESU steelhead. In the case of riparian areas, indirect impacts could occur in the form of increased erosion or water quality degradation as a result of ground disturbing construction activities.However,the various project erosion control and revegetation measures(see page 6)are sufficient to reduce the potential impacts to riparian habitats to a less than significant level. IWO Have a substantial adverse effect on federally protected wetlands and other waters as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.)through direct removal,filling, hydrological interruption, or other means? Explanation: Less than significant(Source: 2). The Clean Water Act is a broad statute with the goal of maintaining and restoring waters of the United States. Among many provisions for the control of water pollution, Section 404 of the Act requires permits for filling of or discharge of dredged materials into wetlands and waters of the United States. A formal jurisdictional determination has not been conducted since no wetlands regulated under Section 404 of the Clean Water Act appear to be present within the project area. The streams within the project area are described in Section IV(a)and(b)above. These intermittent and ephemeral streams qualify as"waters of the United States"under the Clean Water Act because they are tributary streams to a navigable waterway(Pescadero Creek)and are therefore considered jurisdictional "other waters" regulated by the U.S. Army Corps of Engineers(USACE)under Section 404.For streams,the USACE jurisdictional limit is generally defined as the "ordinary high water mark,"or the high water mark of a typical 2 to 3-year storm. The project does not include any repair work in or within a 50-foot corridor of the intermittent western tributary of Lambert Creek. Repair work along the damaged trail includes the replacement of an existing 24-inch culvert where the trail crosses the seasonal(ephemeral)drainage. The only affected area within Section 404 jurisdiction is an approximately 600 square foot unvegetated segment of the ephemeral drainage at and immediately above the existing culvert slated for replacement.This small area will be excavated to remove accumulated sediments upstream of the culvert for maintenance purposes.The material will be reused as backfill material in trail repair areas. The project would be constructed in late summer and early fall,when the ephemeral drainage is expected to be dry. The project also includes a number of other erosion control and revegetation measures to protect the aquatic community(see page 6).This activity is expected to qualify for a Nationwide Permit under Section 404 of the Clean Water Act,which is generally intended to apply to projects that will have no more than minimal adverse environmental effects on the aquatic community. Consequently the project is not expected to result in a substantial adverse effect on federally protected wetlands or other waters as defined by Section 404 of the Clean Water Act. 34 IV(d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Explanation: Less than significant.(Source: 2). Reconstruction and repair of Old Page Mill Trail will not interfere with wildlife movement corridors or impede wildlife movement or wildlife nursery sites.The low- intensity recreational trail will not be fenced and does not act as a barrier to wildlife movement. The trail tread is composed of native soil and is not paved. IV(e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Explanation: Less than significant. (Source: 2, 6) The project is located in a densely forested setting.Project plans include installing protective fencing around trees to remain prior to initiating construction activities.The project also includes the installation of locally collected acorn tube plantings in disturbed areas following construction.The project avoids tree removal to the extent practicable, given the need to repair the damaged sections of Old Page Mill Trail. None of the trees that will be removed meet San Mateo County's definition of heritage tree. Section 12000 of the San Mateo County Zoning Ordinance regulates the removal of trees,identifying those trees with a single live trunk having a circumference of 38 inches(diameter of 12.1 inches)measured at 4.5 feet vertically above the ground as"significant trees". Approximately 3 trees meeting the County's definition of significant trees are slated for removal from the project area,as follows: Borrow Site I Repair Site A One California Bay with(2) 12"trunks One 16"Tan Oak One California Bay with(2) 16"trunks However,no permits are required for tree removal under the County Ordinance within the Resource Management(RM)district except for trees with a circumference of more than 55 inches(diameter of 17.5 inches)measured at 4.5 feet above the ground.The project area is located within the RM district. Given that the project is located in a densely forested setting,would remove a minimal number of trees, and that numerous acorns will be planted as a part of the site restoration efforts, it is concluded that the project will remain consistent with local ordinances protecting biological resources. IV(f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Explanation: No impact. (Source: 19)No Habitat Conservation Plan or Natural Community Conservation Plan is known to apply to the area. V. CULTURAL RESOURCES Would the project: V(a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? Explanation: Less than significant. (Source: 18, 20,21, 22)No above grade structures are present within the project area. In an effort to identify cultural resources in the project area,the project cultural resources specialist searched the records at the Northwest Information Center of the California Historical Resources System at Sonoma State University, conducted archival literature and map research,contacted the Native American Heritage Commission and Native American representatives,and conducted a pedestrian survey of the area. 35 The field survey did not identify any significant historical resources. The records and archive search investigated the possibility that the historic alignment of Page Mill Road,built in 1868,ran through the project area.This road ran from Mayfield(presently Palo Alto)over the mountains to William Page's sawmill on Peter's Creek(now within Portola State Park)on the western slopes of Skyline Ridge in the Santa Cruz Mountains. Examination of historic maps indicated that the historic alignment of Page Mill Road on the western slope may have followed the route of the modem Alpine Road,rather than the route of the Old Page Mill Trail. The historic alignment of what is now named Alpine Road can be seen on maps as far back as 1899 and reaches Peter's Creek. Conversely,Old Page Mill Trail does not appear on maps until 1955. It is difficult to determine with absolute certainty whether Old Page Mill Trail or Alpine Road exactly follows the original 1868 alignment of Page Mill Road. However, even if it is assumed that the Trail does follow the original alignment of Page Mill Road, it is unlikely that Old Page Mill Trail resembles the Page Mill Road of William Page's time.There is no evidence that suggests that there remains any intact,undisturbed portion of the original road. If in fact Old Page Mill Trail does follow the original alignment of the 1868 road,it is clear that it lacks sufficient integrity to be considered a significant historical resource.The integrity of the original construction and condition of Old Page Mill Trail would have been previously compromised due to modem road construction, grading, and widening over the course of the last century to accommodate a four-wheel drive trail by the previous owner and the current low-intensity recreational use. In addition the 30-foot washout that occurred during the winter rains of 1998,prompting this project, further ensured the trail's lack of integrity. Therefore,the project will not cause a significant adverse affect to the historic Page Mill Road or any other historic resource. V(b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? Explanation: Less than significant with mitigation incorporation. (Source: 18,20,22)The environment and geographic setting of the project area suggest that seasonal, single-activity sites, such as those used for seed and acorn processing or hunting camps,would be the expected archaeological resources found within forested areas and along creeks. See Section V(a) for discussion on early Californian use of the project area. Impacts Neither the field survey nor the record search identified any prehistoric or archaeological resources.However, since the construction of the project involves grading in an area with a possibility of cultural resources,the project may accidentally disturb unknown archaeological resources. Mitigation incorporated into project: CULT-L The District's Resource Management Policies state the following,which shall be incorporated into the project: "Follow federal, state,and local regulations on cultural resources. If artifacts are uncovered during construction, stop work until a cultural resource consultant has evaluated the situation." CULT-2. Project construction documents shall include a requirement that project personnel shall not collect archeological or prehistoric resources encountered during construction. Archeological resources include stone or adobe foundations or walls; wooden remains with square nails,and refuse deposits. Prehistoric resources include chert or obsidian flakes,projectile points,mortars and pestles, dark friable soil containing shell and bone dietary debris,and heat-affected rock. CULT-3. Construction personnel shall be alerted to the possibility of prehistoric and archeological resources and shall be asked to watch out for buried artifacts during excavation. If artifacts are found, the work shall stop in the area and within 30 feet of the find until a qualified archaeologist can assess the significance of the find. If archaeological or prehistoric resources are encountered during construction,every reasonable effort shall be made to avoid the resources. 36 V(c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Explanation: Less than significant. (Source: 18, 20, 22)No unique paleontological resources are known to exist within the project area.The mitigation under section V(a)calls for stopping work and evaluating significance if an artifact find is made,which will also reduce the potential for destroying previously unknown paleontological resources to a less than significant level. The proposed project will not substantially change the overall landform and therefore the uniqueness of any geologic feature will not be significantly impacted by the project. V(d) Disturb any human remains, including those interred outside of formal cemeteries? Explanation: Less than significant with mitigation incorporation. (Source: 18, 20, 22)No human remains are known to exist within the project area. However, given the possibility of prehistoric resources,as discussed under V(b)above, unknown human remains may be present in the project area. Facts: Since the construction of the project involves grading in an area with a possibility of prehistoric resources,the project may accidentally disturb unknown human remains. Mitijzation incorporated into project: The mitigation under section V(b)calls for stopping work and evaluating significance if an artifact find is made, which will also reduce the potential for disturbance to human remains. CUL T-4. The project shall incorporate the State CEQA guidelines under§15064.5(e)into the project construction requirements. §I 5064.5(e)requires the following steps be taken should human remains be encountered: "No further disturbance shall occur until the County Coroner has made a determination of origin and disposition,pursuant to State Health and Safety Code Section 7050.5 and Public Resources Code Section 5097.98.The County Coroner must be notified of the find immediately. If the remains are determined to be Native American, the Coroner will notify the Native American Heritage Commission(NAHC)within 24 hours, which will determine and notify the Most Likely Descendant(MLD).The MLD may recommend within 24 hours the means of treating or disposing of, with appropriate dignity,the human remains and grave goods. In the event of difficulty locating a MLD or failure of the MLD to make a timely recommendation,the human remains and grave goods shall be reburied with appropriate dignity on the property in a location not subject to further subsurface disturbance." V1. GEOLOGY AND SOILS Would the project: VI(a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv) Landslides? Explanation: Less than significant. (Source: 23,24,25). i)The California Special Studies Zone map shows no active faults within 1.4 miles of the project site.The 37 project will not change the degree of exposure for people or recreational facilities to substantial adverse effects involving earthquake fault rupturing of the ground surface. ii)Based upon engineering calculations,peak horizontal accelerations of approximately 0.6 to 0.7 can be expected from a M 7.9 earthquake on the San Andreas fault. If the project area were to experience this level of ground shaking,people traveling on the trail could experience a loss of balance or stability and the trail itself could experience some settlement of compacted fill, slumping of cut banks, and minor trail surface damage. However,due to the open space nature of the area and the lack of building structures in the project area,there is a less than substantial risk of exposing people to potential adverse effects from ground shaking. iii) Since the project area lies in the San Andreas Fault vicinity and is naturally subject to earthquake activity, certain earthquake-related hazards exist that are not necessarily related to the project but are related to the existing environment. For example, strong seismic shaking may induce slight separation(lurching)of the thin wedge of fill that is located alongside the outboard edge of the entire length of the unimproved trail,resulting in potential soil slumping of the trail surface. Unconsolidated granular deposits are typically most susceptible to failure. However,based'on site-specific geologic mapping,these unconsolidated deposits are isolated,are confined to major drainages,and are generally mixed with clayey colluvial soil deposits,resulting in a lower likelihood of failure. In addition,since the project area is limited to low-intensity recreational use and located within a rural open space setting,the project is not expected to pose a substantial adverse effect to people or trail facilities involving seismic-related ground failures. iv)The project area is naturally prone to seismically induced rockfall hazards due to the steep terrain and the presence of rock exposed near the ground surface on the upslope and downslope hillsides of the trail. The grading work proposed as part of the repair project would remove some of the large boulders that are perched above the trail,thereby reducing the rockfall hazard posed to trail users and the trail. Geologic mapping of the roadway revealed several small active landslides. These features may reactivate during heavy rainfalls and/or seismic shaking,but are shallow and located in a rural,open space area where the lack of building structures and the low-intensity recreational use of the land poses a less than substantial risk of exposing people or trail facilities to hazards resulting from landslides. VI(b) Result in substantial soil erosion or the loss of topsoil? Explanation: Less than significant.(Source: 23,26, 27)Based on site-specific mapping and observations,the site soils are generally clayey and not highly susceptible to erosion.The proposed grading is not expected to result in significant topsoil loss partly due to the fact that large areas within the proposed disturbance zones are already exposed down to the bedrock. The surface of the trail will be reconstructed at approximately 10%grade. Drainage features including rolling dips and surface outsloping would be installed as part of the repair project to ensure positive surface drainage and minimize the potential for soil erosion. Most importantly, the project is scheduled for construction during the typical dry season(July 15-October 15); the site will be fully restored prior to the onset of rains to avoid erosion due to surface flows.Moreover,the project includes a number of erosion control and dust suppression guidelines(see page 6); these measures are sufficient to reduce the potential for soil erosion or the loss of topsoil to less than significant levels.Although already less than significant,mitigation measure BIO-4 found in Section IV(a) further reduces the potential for soil erosion during construction. VI(c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on-or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? Explanation: Less than significant. (Source: 23)Based on site-specific mapping and observations, several shallow landslides were mapped along the roadway. The grading cuts and other ground disturbance activities are not expected to significantly reduce the stability of these geologic features. 38 VI(d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code(1994), creating substantial risks to life or property? Explanation: Less than significant. (Source: 23)Based on site observations,the site soils are moderately plastic, and have a moderate potential for expansion. No signs of highly expansive soils(e.g. shrinkage cracks)were observed. The project does not include construction of structures that could be significantly affected by expansive soils and given the open space setting of the project area and the lack of buildings or other habitable structures,no substantial risk to preserve users or property is expected due to expansive soils. VI(e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Explanation:No impact. (Source: 1)The project area is located in a heavily forested unimproved area, no septic tanks or disposal systems are proposed as part of the project. Moreover,no septic tanks or disposal systems are known to exist in the project area. VII. HAZARDS AND HAZARDOUS MATERIALS Would the project: VII(a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Explanation: No impact. (Source: 4) The District does not routinely transport or use hazardous materials in the project area. District Ordinance 93-1, Section 409.2 prohibits persons from possessing or using harmful substances on District lands. VII(b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Explanation: Less than significant.(Sources: 4) Under District Ordinance 93-1,operation of unauthorized motor vehicles within the preserve is prohibited,restricting general public use of the preserve to low-intensity, non-motorized, and non-emitting uses including hiking,bicycling,and equestrian use. The possibility of incidental motor vehicle oil and gas leaks is therefore limited to authorized District ranger and maintenance vehicles that patrol the preserve from time to time and emergency responders such as the California Department of Forestry.No expansion of the maintenance,patrol and emergency responder level will be required by the project.The project includes measures to ensure that care is taken in construction housekeeping practices to avoid spills and properly manage hazardous materials to prevent a release of hazardous materials into the environment. The risk of accidental release of hazardous materials into the environment is therefore considered less than significant. VII(c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Explanation: No impact. (Source: 28)The project area is not within 1/4 mile of an existing or proposed school. VII(d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? Explanation: No impact. (Source: 29)The project area is not located on the list of hazardous materials sites.No EPA regulated facilities are found in the project area. 39 VII(e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area! Explanation: No impact. (Source: 28)The project is neither within an airport land use plan nor within two miles of an airport. VII(f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? Explanation: No impact. (Source: 28)The project is not within the vicinity of a private airstrip. VII(g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Explanation: No impact. (Source: 1)The project will not interfere with an adopted emergency response plan or evacuation plan, since it is restoring the site to allow use of the trail. VIIN Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildiands? Explanation: Less than significant. (Source: 30,4) The project is in the minimally developed western portion of the San Mateo County in the Santa Cruz Mountains.The California Department of Forestry and Fire Protection designates this area as a"wildland area that may contain substantial forest fire risks and hazards",due to minimal water supplies,accessibility, land slope,and flammability and fuel loading. This designation notwithstanding, the project will not change the degree of exposure to wildfires,as it involves damage repair to an existing public trail. The project is within an existing preserve with existing trails open to the public.No structures are included in the project area,which is predominantly oak-fir woodland. The level of exposure of people and structures to wildland fires remains the same with or without the project. In addition,District Ordinance 93-1 Section 404 prohibits fires and smoking on District lands.District Rangers trained in fire-fighting techniques and carrying fire suppression equipment regularly patrol the site.District staff generally serves as first responder to fire emergencies,with the primary fire protection falling to the California Department of Forestry, County Fire Departments,and municipal fire protection agencies. Vill.HYDROLOGY AND WATER QUALITY Would the project: VIII(a) Violate any water quality standards or waste discharge requirements? VIII(c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on-or off-site? VIII(f) Otherwise substantially degrade water quality? Explanation: Less than significant. (Source: 23, 3 1)These three checklist items are interrelated, and therefore are being discussed together'to avoid repetition. Annual rainfall can be heavy within the project area.The Santa Cruz Mountains are known for intense rainfall with large volume flows through creeks and drainages.Based on site-specific mapping and observations,the site soils are generally clayey and not highly susceptible to erosion. The project involves repair of the existing storm-damaged trail network. The project also involves the replacement of an existing road-crossing culvert to provide increased water carrying capacity.No effluent waste 40 would be discharged.The trail repair work will occur on an existing,well-designed,compacted trail bed,with gradients of 10%or less.The project would result in the disturbance of approximately 9,000 s.f. (0.2 acre)of land. Included in this total is 2,000 s.f. (0.05 acre)of grading within the ephemeral stream, which would excavate coarse-grain sediment previously accumulated at the inlet to the existing culvert. The project also includes a number of erosion prevention guidelines as outlined in the project description(see page 6). Projects that disturb less than five acres must conform to National Pollutant Discharge Elimination System (NPDES)permit regulations. These regulations require using Best Management Practices(BMPs)to reduce storm water pollution, including sediment pollution. The project area is within the boundaries of the San Mateo County,which is covered under the waste discharge requirements of a NPDES Permit. This NPDES permit includes a Stormwater Pollution Prevention Program and required the development of performance standards for road construction in rural areas to prevent and control road-related erosion. San Mateo County prepared Rural Road Maintenance Performance Standards in 2000 to satisfy this permit requirement.The erosion prevention features included in the project are consistent with the County Rural Road Maintenance Standards and allow the project to avoid violating water quality standards and waste discharge requirements,thus reducing the potential impact under item VIII(a)to a less than significant level. Alteration of drainage patterns can be of concern where the project would disturb or grade steep lands adjacent to the trail,where the trail crosses existing water concentrations(i.e. ephemeral creeks or less-distinct swales),or where trails have potential to collect and concentrate stormwater, such as steep trails or inside ditches.The erosion prevention features included in the project avoid the concentration of surface runoff that could result in erosion or siltation and allow the project to avoid substantial erosion or siltation on-or off-site,thus reducing the potential impact under item VIII(c)to a less than significant level. Other water quality concerns include the potential for sediment release during the construction phase of a project or for the release of other pollutants including hazardous materials. Sediment in runoff is the result of wind and water erosion. As discussed in Section III(b),the project's dust suppression actions would minimize the possible water quality effects of wind erosion.As discussed in Section VI(b),the project would be constructed in the dry season and restored prior to the onset of rains to avoid erosion due to surface runoff. Potential water quality impacts from construction accidents involving the release of hazardous materials are discussed in Section VII(b).The project also includes a number of additional erosion control guidelines(see page 6)to reduce the potential for water quality degradation.Therefore,potential for the project to otherwise substantially degrade water quality is reduced to a less than significant level. V111(b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Explanation: No impact. (Source: 1)Water is not provided on District trails. The project will not pump groundwater and does not interfere with groundwater recharge. The project adds no additional impervious surfaces. V111(d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on-or off-site? Vill(e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? V111(h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? V111(i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? Explanation: Less than significant. (Source: 2).These four checklist items are interrelated,and therefore are 41 being discussed together to avoid repetition. As discussed under VIII(c)above,annual rainfall can be heavy within much of the project area. A notable climactic feature of the Santa Cruz Mountains is the occurrence of storms of extreme intensity and duration that can be responsible for periodic flooding in the area.The extensive open space lands surrounding the project provide a vegetated buffer for the project and allow runoff to percolate into the ground.No additional sources of polluted runoff will be introduced by the project.The trail system in the project area passes through the unmapped flood zone of the ephemeral tributary to Lambert Creek. The project involves repair of the existing road-width trail network,with no changes in allowed visitor use. The project adds no additional impervious surfaces and would not substantially alter the site drainage patterns or increase the amount of runoff. The proposed project would not place any structures within the I 00-year floodplain that might impede flood flows,however,it would enlarge the existing culvert structure to better accommodate heavy storm events and minimize the potential for catastrophic failure.The culvert repair has been designed so that it does not limit the ability of flood-borne debris to pass.A hardened critical dip would be installed at the culvert to maintain flows within the creek bed in the event of accidental blockage. Per standard District practices,District personnel regularly check culverts and drainage structures during and after storms,provide signage and barricades if needed,and perform maintenance as needed to ensure proper functioning and reduce the possibility that the project would expose people to significant flood risks.Therefore,potential for the project to result in flooding, expose people to flooding risks,exceed the capacity of drainage systems,or impede flood flows is reduced to a less than significant level. VIII(g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? Explanation: No impact.The project does not involve housing. VIII(j) Inundation by seiche, tsunami, or mudflow? Explanation: Less than significant(Source: 23, 28). The project is situated between the elevations of 1,660 and 1,735 feet above mean sea level. Seiche or tsunamis would have no impact on the site. Mudflows are a form of landsliding known as debris flows.These instabilities generally form in thick surficial deposits on steep to very steep hillsides as result of a loss of soil tension due to the over-saturation of the soil profile from extended or intense storm events, and travel down slope in existing drainages. Mudflows could be possible in the ephemeral drainage that the trail crosses due to intense precipitation of significant duration typical of the Santa Cruz Mountains. While no evidence of previous debris flows were observed at the site,the potential for debris flows to occur is considered low to moderate.Debris or mudflows could expose District personnel and the public to a life-threatening event if a flow occurred while people were present.The proposed repair alternatives will not increase or decrease the hazard level from such an event. However,the low probability of such an event and the limited likelihood of District personnel or the public to be in harm's way during an intense storm necessary to precipitate such an event reduce this potential impact to a less than significant level. IX. LAND USE AND PLANNING Would the project: IX(a) Physically divide an established community? Explanation: No impact. (Source: 28)The project is located in the rural southern skyline of unincorporated San Mateo County. IX(b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or 42 zoning ordinance)adopted for the purpose of avoiding or mitigating an environmental effect? Explanation: Less than significant. (Sources: 32, 33)The project area is located within unincorporated San Mateo County; the land is zoned Resource Management(RM)and the designated land use is"public recreation". The public recreation land designation encompasses recreational uses such as public-owned park and recreation facilities and natural preserves. Therefore,use of the land and trail facilities for public recreation is consistent with San Mateo County's General Plan and zoning ordinance. San Mateo County Trails Plan 2001 (Trails Plan)highlights Old Page Mill Trail as a historic Southern County Trail that will aid in connecting the Bay Area Ridge Trail with Portola Redwoods State Park. Therefore,repair of Old Page Mill Trail to safely reopen the alignment for public use is consistent with the policies and goals identified in the San Mateo County Trails Plan. IX(c) Conflict with any applicable habitat conservation plan or natural community conservation plan? Explanation: No impact. Refer to Section IV(f)for an explanation related to habitat conservation plans or natural community conservation plans. X. MINERAL RESOURCES Would the project: X(a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? X(b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Explanation for questions a and b:No impact. (Source: 32, 34)The project would not result in the loss of availability of a known mineral resource since the repair project would not change the current use of the land. The site has not been classified as Mineral Resource Zone,nor is it included in a Resource Sector in the Update of Mineral Land Classification. X1. NOISE Would the project result in: XI(a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Explanation: No impact. (Source: 32)According to the San Mateo County General Plan Noise Element, significant noise impacts occur when the noise levels are equal or above 60 Community Noise Equivalent Level (CNEL). Exterior noise exposure levels of 70 CNEL or greater are considered significant for residential developments according to the State of California. Within the project area,cur-rent ambient noise levels are under 60 CNEL. The project intends to return non-motorized low-intensity recreational uses to the project area, which would not generate noise in excess of local agency standards. XI(b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? Explanation: No impact.The project does not involve uses that would generate groundbome noise or vibration. XI(c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Explanation: No impact.(Source: 4)As the project involves reopening a section of trail to non-motorized low- 43 intensity recreational uses,the project would not generate substantial noise.Moreover, District Ordinance 93-1 prohibits after-hours use of the preserve. XI(d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Explanation: Less than significant. (Source: 1) The project will return non-motorized,low-intensity recreational uses to the project area. These uses will not generate substantial or periodic noise. During construction, trail-repair machinery would generate temporary increases in noise levels,however,given that the repair work would occur in a deep canyon of an open space preserve and in an area that would be closed to public use during construction, the temporary increases in noise is not expected to be substantial or of concern. XI(e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? XI(f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Explanation for question e and f: No impact. (Source: 28)The project is neither located within an airport land use plan,within two miles of an airport,nor within the vicinity of a private airport. X11. POPULATION AND HOUSING Would the project: XII(a) Induce substantial population growth in an area, either directly(for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? XII(b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? XII(c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Explanation for questions a, b and c: No impact. (Source: 1)The project neither induces population growth nor displaces housing,nor displaces people. X111.PUBLIC SERVICES X111(a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? Explanation: Less than significant. (Source: 1)The District's Operations Department already provides ranger patrols in the preserve and maintenance staff to care for trails.The District collaborates with other local agencies in providing public services, including police and fire protection. District Staff is responsible for enforcing District regulations and certain selected sections of California code pertaining to vandalism,bicycle helmets,and parking. The San Mateo County Sheriff s Office is involved in enforcement of all other code sections.District staff serves as a possible first responder for fire emergencies, with the California Department of Forestry and Fire Protection acting as the responsible agency for fire fighting in the Skyline Ridge Open Space Preserve.The project will entail no extension of trails beyond that previously existing.No new or altered governmental facilities will be needed to provide public services to the preserve as a result of the project. 44 XIV.RECREATION XIV(a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Explanation: Less than significant. (Source: 1,2)The project would neither result in the expansion of trail use beyond that previously existing,nor involve changes to the recreational uses already allowed in the project site. The repair project would only return the allowed low-intensity recreational uses to the lower segment of Old Page Mill Trail. Moreover,the District's Operations staff already provides ongoing maintenance of Old Page Mill Trail. XIV(b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Explanation: Less than significant. (Source: 1,2)The project would not result in an expansion of recreational facilities,but rather would return pre-existing low-intensity recreational use to the lower reach of Old Page Mill Trail. Reconstruction of this segment of trail would require the repair of two large landslide washouts,removal of side slope slumping, minor excavations of the upslope hillside,and replacement and enlargement of an existing 24-inch diameter culvert. Various project features(see pages 6 and 6), including revegetation,tree protection,design guidelines for retaining walls,and erosion prevention guidelines are sufficient to reduce the potential impacts from the reconstruction of Old Page Mill Trail and the physical effects that the project may create to a less than significant level. Although already less than significant,the mitigation measures recommended in Sections IV(a),V(a),V(b), and V(d)further reduce the potential adverse physical effects of the project. XV. TRANSPORTATION/TRAFFIC Would the project: XV(a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads,or congestion at intersections)? XV(b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? Explanation for questions a and b: No impact.The project involves repairs to the low-intensity trail network, with no changes to allowed uses, which are not expected to draw additional visitors to the preserve.No substantial increases in traffic volumes are expected. XV(c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? Explanation:No impact.The project has no effect on air traffic patterns. XV(d) Substantially increase hazards due to a design feature(e.g., sharp curves or dangerous intersections)or incompatible uses (e.g., farm equipment)? Explanation: No impact. (Source: 4)Per District ordinance,motorized vehicles are not allowed within the project area,with the exception of infrequent District ranger patrol trucks and maintenance vehicles, which are both designed for off-road driving. 45 XV(e) Result in inadequate emergency access? Explanation: Less than significant. (Source: 1) Since the project is located in an open space preserve,emergency access needs are limited to evacuation in the event of injury and for fire suppression purposes.The tread width along certain segments of Old Page Mill Trail located above the project area may already limit access by some firefighting and rescue vehicles. Smaller vehicles are currently able to reach to the culvert location(the start of the project area), where the last vehicular turnaround is located. The project involves repairs to the storm-damaged low-intensity trail network,with no changes to allowed uses or to the frequency of trail use by visitors or District personnel. After the completion of the project,emergency access beyond the culvert location will be improved by allowing the passage of small trucks,all-terrain vehicles, bicycles, and on-foot travel for an additional 1,800 feet,until the trail reaches the fork of Lambert Creek where no creek crossing structure is present. XV(f) Result in inadequate parking capacity? Explanation:No impact. (Source: 1)The project involves repairs to the low-intensity trail network,with no changes to allowed uses,which are not expected to draw additional visitors to the preserve. Substantial parking is available nearby at the District's existing Skyline Ridge Open Space Preserve parking lots,which accommodate approximately 70 vehicles. XV(g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Explanation:No impact. The project involves repairs to the low-intensity recreational trail network. The project does not involve changes to the allowed trail uses for the preserve. XVI.UTILITIES AND SERVICE SYSTEMS Would the project: XVI(a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? XVI(b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Explanation for questions a and b: No impact. (Source: 1)The project does not expand use of the preserve and therefore does not include new or increased needs for wastewater treatment or wastewater treatment facilities. XVI(c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Explanation: No impact. (Source: 2) The project would not require the construction of new storm water drainage facilities. XVI(d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Explanation: No impact.The project does not provide water services and would not consume water. An insignificant quantity of water may be used during grading for erosion-control,depending upon the timing of construction. XVI(e) Result in a determination by the wastewater treatment provider which serves or may serve the 46 project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Explanation: No impact.The project would not generate wastewater. XVIM Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? XVI(g) Comply with federal, state,and local statutes and regulations related to solid waste? Explanation for M and (g): No impact. (Source: 1,4) The amount of solid waste generated by the project would be insignificant.The District does not provide trash collection services for public use at Skyline Ridge Open Space Preserve,and District ordinances prohibit public littering or dumping of any material onto the preserve. Illegal trash is removed from the preserve by District maintenance crews and disposed in District trash collection bins found at the Ranger Office and Maintenance Yard located off Skyline Boulevard in Skyline Ridge Open Space Preserve. Since no increase in visitation is anticipated as a result of project implementation, no increase in solid waste disposed is expected. XVII.MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Explanation: Less than significant. Implementation of mitigation measures incorporated into the project will ensure that all significant impacts from the project will be avoided or reduced to less than significant levels and that the quality of the environment,vegetation and wildlife will not be impacted by the project. Biological Resources Potential impacts to sensitive animal and plant species and their habitats may result during the construction phase of the project, as equipment is mobilized, the ground disturbed, and repairs installed. All potential impacts to biological resources can be avoided or reduced to less than significant levels by the project features (see page 6)and the mitigation measures listed in the Biological Resources section(Section IV). Cultural Resources: The project is not expected to impact known cultural resources. If the Old Page Mill Trail happens to follow the original alignment of the 1868 Page Mill Road,which cannot be conclusively ascertained,earthmoving and grading from construction of the project may accidentally disturb unknown cultural resources. The mitigation measures listed in the Cultural Resources section(Section V)are sufficient to reduce any potential impacts to cultural resources from the project to less than significant levels. b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? Explanation: Less than significant.The project,as mitigated, would not have cumulative impacts on cultural resources, wildlife, vegetation,or recreation, since it avoids or reduces any impacts to less than significant levels.The fundamentally small scale of the repair project minimizes potential for cumulative impact in most environmental areas. c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? 47 Explanation: Less than significant.The repair of the Old Page Mill Trail will minimize direct and indirect substantial adverse impacts to human beings. SOURCES REFERENCED 1.MROSD professional staff site observations and judgments. 2.Freyer and Laureta.DRAFT Construction Plans for Old Page Mill Trail Repair.July 2,2002. 3.California Department of Transportation. California Scenic Highway Program. b=://www.dot.ca.jzoy/-hA/LandArch. February 6,2002. 4.Midpeninsula Regional Open Space District.Regulations for Use of Midpeninsula Regional Open Space District Lands. Ordinance 93-1,Adopted July 28, 1996.Amended by Ordinance 96-1 adopted February 28, 1996. 5.California Department of Conservation.Farmland Mapping and Monitoring Program maps for San Mateo County. 2000. 6. San Mateo County.Zoning Regulations. March 1992. 7.Bay Area Air Quality Management District.Bay Area 2000 Clean Air Plan and Triennial Assessment.December 20,2000. 8.Bay Area Air Quality Management District.Particulate Matter Air Pollution(information brochure). ft://www.baagmd.gov/pie/lomlObacm.htm.June 11, 1997. 9.Bay Area Air Quality Management District.Ambient Air Quality Standards and Bay Area Attainment Status. http://www.baaqmd.gov/planning/resmod/baas.htm.January 2002. 10.California Air Resources Board.PM10 Air Quality Data Summaries(1988-1997)for San Mateo County, ft://www.arb.ca.jzov/a qft/ ml0/a2c4l.htrn 11.Jones&Stokes.Biological Report for the Old Page Mill Trail Repairs Project Report submitted to Midpeninsula. Regional Open Space District. December 11,2001. 12.Seymour,R.and M.Westphal.Results of one-year survey for amphibians on lands managed by the Mid peninsula Regional Open Space District in the Santa Cruz Mountains, California.Report submitted to Midpeninsula Regional Open Space District.2000. 13.California Department of Fish and Game. California Natural Diversity Database,Rarefind version 2.1.2G.October 2001. 14.U.S.Fish and Wildlife Service.Goude,Cay.Formal Endangered Species Consultation on the San Mateo County, Old Page Mill Trail Repair Project. Letter to Alessandro Amaglio,Federal Emergency Management Agency,Region IX April 29,2002. 15.National Marine Fisheries Service.McInnis,Rodney. Letter to Alessandra Amaglio,Federal Emergency Management Agency,Region IX May 9,2002. 16.California Department of Fish and Game.Stream Survey:Peters Creek, San Mateo County.December 23, 1996. 17.Kan,Tamara.Special Status Plant Survey of lower Old Page Mill Trail on Skyline Ridge Open Space Preserve.Report submitted to Midpeninsula Regional Open Space District. Spring 2002. 18.Federal Emergency Management Agency,Region IX Supplemental Environmental Assessment: FEMA-1203-DR-CA, Old Page Mill Trail Project. DRAFT.August 20,2002. 48 19.California Department of Fish and Game.Natural Community Conservation Planning website: http://www.dfg.ca.gov/nccp/index.htnil. Accessed April 10,2002. 20.Jones&Stokes. Cultural Resources Study for Old Page Mill Trail Repair Project, San Mateo County, California.Report submitted to Midpeninsula Regional Open Space District.November 2001. 21.Midpeninsula Regional Open Space District.Resource Management Policies.October 1994. 22.Federal Emergency Management Agency,Region IX Amaglio,Allesandro.Letter to Dr.Knox Mellon,State Historic Preservation Officer.January 29,2002. 23. Marcum,Dale.Cotton,Shires and Associates.Personal communication with project geotechnical engineer. 24.Cotton,Shires,and Associates,Inc. Geotechnical Investigation of Old Page Mill Trail. December,2001. 25.California Division of Mines and Geology.Mindego Hill California Special Studies Zone map. 1974. 26.Fifield,Jerald S.Field Manual on Sediment and Erosion Control Best Management Practices for Contractors and Inspectors.Forester Press.2002. 27.Camp,Dresser,and McKee. California Storm Water Best Management Practice Handbook on Construction Activity. March 1993. 28.USGS.Topographic map,Mindego Hill 7.5 minute quadrant. 29.U.S.Environmental Protection Agency.Enviromapper(data from Envirofacts,listing EPA regulated facilities). hM://www.epa.jzov/enviro/html/em/index2.htnil. 30. California Department of Forestry and Fire Protection.San Mateo County Natural Hazard Disclosure(Fire). http://ceres.ca.gov/planning/nhd/wildfirehazards.html. 31. San Mateo County Department of Public Works.Perf ormance Standards for Rural Road Maintenance(Draft).May 2000. 32. San Mateo County. General Plan. 1986. 33. MHA Environmental Consulting,Inc.San Mateo County 2001 Trails Plan.Prepared for San Mateo County Parks and Recreation Commission.2001. 34.California Department of Mines and Geology. Update of Mineral Land Classification:Aggregate Materials in the South San Francisco Bay Production-Consumption Region. 1996. 49 STATE OF CALIFORNIA—BUSINESS TRANSPORTATION AND HOUSING AGENCY GRAY DAVIS Governor DEPARTMENT OF TRANSPORTATION P. U. BOX 23660 OAKLAND, CA 94623-0660 (510) 286-4444 Flex your power! (510) 286-4454 TDD Be energy efficient' October 9, 2002 SM-35-3.21 SM035064 SCH# 2002102035 Ms. Cathy Woodbury Planning Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Dear Ms. Woodbury: OLD PAGE MILL TRAIL REPAIR PROJECT — INITIAL STUDY/MITIGATED NEGATIVE DECLARATION Thank you for including the California Department of Transportation in the environmental review process for the above-referenced project. We have reviewed the Initial Study/Mitigated Negative Declaration, and we are satisfied that the proposed activities will not, significantly impact the State highway system. Please call Rick Kuo of my staff at (510) 286-5988 if you have questions regarding this letter. Sincerely, qm—it�,C_4 ___- TIMOTHY &SABLE District Branch Chief 1C R/CEQA c: Katie Shulte Joung (State Clearinghouse) FSpp,rF Hub V REGIONAL OPEN "Callrans improves mobility across California" EXHIBIT C MITIGATION MONITORING PROGRAM OLD PAGE MILL TRAIL REPAIR PROJECT, SKYLINE RIDGE OPEN SPACE PRESERVE State Clearinghouse Number 2002102035 San Mateo County, CA November, 2002 Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 (650) 691-1200 EXHIBIT D I MITIGATION MONITORING PROGRAM CONTENTS This mitigation monitoring program (MMP) includes a brief discussion of the legal basis and purpose of the program, a key to understanding the monitoring matrix, discussion and direction regarding noncompliance complaints, and the mitigation monitoring matrix itself. LEGAL BASIS AND PURPOSE OF THE MITIGATION MONITORING PROGRAM Public Resources Code(PRC)21081.6 requires public agencies to adopt mitigation monitoring or reporting programs whenever certifying an environmental impact report or mitigated negative declaration. This requirement facilitates implementation of all mitigation measures adopted through the California Environmental Quality Act(CEQA)process. MONITORING MATRIX The following pages provide a series of tables identifying the mitigations incorporated into the Old Page Mill Trail Repair Project at Skyline Ridge Open Space Preserve(the project). These mitigations are reproduced from the Negative Declaration for the project. The columns within the tables have the following meanings: Number: The number in this column refers to the Initial Study section where the mitigation is discussed. Mitigation: This column lists the specific mitigation identified within the Negative Declaration. Timing: This column identifies at what point in time, review process, or phase the mitigation will be completed. The mitigations are organized in roughly chronological order relative to the time of implementation. Who will This column references the District department that will ensure implementation of verify? the mitigation. Agency This column references any public agency or District department with which Department coordination is required to ensure implementation of the mitigation. California Consultation: Department of Fish and Game is listed as CDFG. U.S. Fish and Wildlife Service is listed as USFWS. Verification: This column will be initialed and dated by the individual designated to confirm implementation. NONCOMPLIANCE COMPLAINTS Any person or agency may file a complaint asserting noncompliance with the mitigation measures associated with the project. The complaint shall be directed to the District's General Manager in written form, providing specific information on the asserted violation. The General Manager shall cause an investigation and determine the validity of the complaint; if noncompliance with a mitigation has occurred, the General Manager shall cause appropriate actions to remedy any violation. The complainant shall receive written confirmation indicating the results of the investigation or the final action corresponding to the particular noncompliance issue. Department verification Who will or Agency (Date and Number Miti anon Timing verify? Consultation Initials) COMPLETIONPRIOR TO START OF CONSTRt'CTION Mitigations Mitigation incorporated into project for special-status plants species: in section BIO-1. In order to determine the presence or absence of special-status plant Verify completion of Planning Operations IV(a): species occurring within the repair and soil borrow areas disturbed by focused plant surveys (Resource construction, focused plant surveys shall be conducted prior to initial ground prior to start of Management breaking.The focused plant surveys shall be scheduled based on the construction. If Specialist) blooming period for each plant species listed in Table IV(1)unless the plant perennial and shrub species is identifiable in the non-blooming period(as is the case for many special-status plant If special-status perennial shrubs). If any special-status plant species are found,areas species are present plant species supporting the species will be avoided where feasible. If a special-status and cannot be are present and plant species cannot be avoided,a plan detailing the on-site mitigation shall avoided,an on-site cannot be be developed based on consultation with the appropriate agency,such as mitigation plan shall avoided, CDFG. Areas proposed for revegetation and restoration may be included as be prepared prior to consult with part of the on-site mitigation. Hand planting during restoration does not start of construction. CDFG. require fencing to prohibit movement of special-status amphibian species into the planting area. Mitigation incorporated into proiect for special-status animal species: California red legged frog: BI0-2. Pre-Construction Surveys. A qualified biologist or other qualified Verify completion Planning If CRLF are personnel shall conduct pre-construction surveys to determine the onsite prior to start of identified presence of CRLFs. If CRLFs are identified onsite,U.S.Fish and Wildlife construction. onsite,consult Service(USFWS)and the District shall be notified,and an USFWS- with USFWS approved biologist shall move the CRLFs to a suitable location in the project vicinity. BIO-3. Training. A training session for all construction workers shall be Verify completion Planning Operations conducted prior to the onset of construction activities. At a minimum, the prior to start of (Resource training shall include a description of the natural history of California red- construction. Management legged frogs and their habitats,the general measures that are being Specialist) implemented to conserve the red-legged frog as they relate to the project, and the boundaries(work area)within which the project must be accomplished. 3 Department Verification Who will or Agency (Date and Number Mitigation Timing verify? Consultation Initials) BIO-4. Exclusionary Fencing. Install exclusionary fencing as appropriate to Inspect exclusionary Planning prevent CRLFs from entering the work area. Erosion control measures such fencing prior to start as silt fences can be combined with the exclusionary fencing for CRLFs. of construction. Well-anchored silt fences shall be installed below both of the washout repair Verify that contractor sites and at other locations,as appropriate to contain any soil from the is inspecting and construction zone before it reaches creeks or drainages in the vicinity of the repairing fencing if project area. Silt fences shall be checked for efficacy and maintained as needed during necessary,but not less frequently than once per week. construction. Raptors,Bats and Passerines: BIO-9. Construction is scheduled to occur anytime between July 15 and Verify survey Planning Operations October 15. If construction takes place during July, which is part of the completion prior to (Resource breeding season for these species,a qualified biologist shall conduct pre- start of construction. Management construction surveys no more than 30 days prior to construction to determine If nest trees are Specialist) if raptors,bats,or passerines are nesting within the trees to be removed. If found,construction raptors are nesting in these trees,the biologist shall determine an appropriate within a biologist- buffer zone around the nest,and construction within the buffer zone shall be determined buffer postponed until all young are fledged,as determined by the biologist zone shall be postponed until young are fledged DURING CONSTRUCTION REQUIRE IN CONSTRUCTION DOCUNIENTs. NIONITOR Mitigation Mitigation incorporated into project for special-status animal species: in section Marbled murrelet: IV(a): BIQ-7. Tree disturbance. No platform trees or mature second-growth trees To be required of Planning suitable for murrelet nesting shall be removed from the project area. Contractor by Construction Docs. BIO-8. Project Scheduling. Work conducted during the later portion of the To be required of Planning murrelet breeding season(July 15—September 15)shall not begin until one Contractor by and one half hours after sunrise and shall end by 5:30 p.m.to avoid the time Construction Docs. period when murrelets would most likely travel through the Preserve(dawn and dusk). 4 Department Verification Who will or Agency (Date and Number Mitigation Timing verify? Consultation Initials) Mitigation Mitigation incorporated into nroiect for cultural resources: in section CULT-L The District's Resource Management Policies state the following, To be required by Planning V(a) which shall be incorporated into the project: "Follow federal,state,and local Construction Docs. regulations on cultural resources.If artifacts are uncovered during Verify that construction,stop work until a cultural resource consultant has evaluated the Contractor is situation." monitoring during construction. Construction personnel shall be alerted to the possibility of historic resources and shall be asked to watch out for buried historic artifacts during excavation. If artifacts are found,the work shall stop in the area and within 100 feet of the find until a qualified archaeologist can assess the significance of the find. If historical resources are encountered during construction,every reasonable effort shall be made to avoid the resources. CULT-2. Project construction documents shall include a requirement that To be required by Planning project personnel shall not collect historic resources encountered during Construction Docs. construction. Historic resources include stone or adobe foundations or walls; Verify that wooden remains with square nails,and refuse deposits. Contractor is monitoring during construction Mitigations CULT-3. Construction personnel shall be alerted to the possibility of To be required by Planning in section prehistoric resources and shall be asked to watch out for buried prehistoric Construction Docs. V(b): artifacts during excavation.If artifacts are found,the work shall stop in the Verify that area and within 100 feet of the find until a qualified archaeologist can assess Contractor is the significance of the find.If archaeological resources are encountered monitoring during during construction,every reasonable effort shall be made to avoid the construction. resources. i CULT-4. Project construction documents shall include a requirement that To be required by Planning project personnel shall not collect prehistoric resources encountered during Construction Docs. construction.Prehistoric resources include chert or obsidian flakes,projectile Verify that points,mortars and pestles,dark friable soil containing shell and bone Contractor is dietary debris,and heat-affected rock. monitoring during construction 5 I Department Verification Who will or Agency (Date and Number Mitigation Timing verify? Consultation Initials) Mitigation CULT-S. The project shall incorporate the State CEQA guidelines under To be required by Planning in section §15064.5(e)into the project construction requirements. §15064.5(e)requires Construction Docs. V(d): the following steps be taken should human remains be encountered: "No Verify that further disturbance shall occur until the County Coroner has made a Contractor is determination of origin and disposition,pursuant to State Health and Safety monitoring during Code Section 7050.5 and Public Resources Code Section 5097.98.The construction County Coroner must be notified of the find immediately. If the remains are determined to be Native American, the Coroner will notify the Native American Heritage Commission(NAHC)within 24 hours,which will determine and notify the Most Likely Descendant(MLD).The MLD may recommend within 24 hours the means of treating or disposing of,with appropriate dignity,the human remains and grave goods. In the event of difficulty locating a MLD or failure of the MLD to make a timely recommendation,the human remains and grave goods shall be reburied with appropriate dignity on the property in a location not subject to further subsurface disturbance." MONITOR DURING CONSTRUCTION Mitigation Mitigation incorporated into proiect for special-status animal species: in section BIO-S. Monitoring.A qualified biologist shall be present at the work site USFWS-approved Planning If CRLF are IV(a): until such time as all relocation of CRLFs,instruction of workers,and initial biological monitor to identified ground disturbing construction activities including backfilling and be onsite during onsite,consult excavation have been completed,to ensure that no CRLFs are harmed by the construction until with USFWS work. If CRLFs are discovered onsite during construction,work shall be such time as initial stopped,USFWS notified,and an USFWS-approved biologist shall move the ground disturbing CRLFs to a suitable location in the project vicinity. Erosion control devices construction activities and exclusion fencing shall be checked for integrity on a daily basis and have been completed. repaired if needed. Verify that Contractor is inspecting exclusion fencing and erosion control devices daily during construction 6 Department Verification Who will or Agency (Date and Number Mitigation Timing verify? Consultation Initials) BIO-6. Documentation. Any CRLFs observed,captured,and/or relocated Prepare report upon Planning shall be documented in a report and submitted to USFWS. observation,capture, or relocation of CRLF I I I 7 Regional Open S, ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-02-119 Meeting 02-22 November 13, 2002 AGENDA ITEM 7 AGENDA ITEM Authorization to Purchase One Tractor GENERAL MANAGER'S RECOMMENDATION Direct the General Manager to execute a purchase contract with the State Department of General Services and Peterson Tractor for one mini-excavator at a total cost not to exceed $40,000. BACKGROUND At your September 11, 2002 meeting, you authorized staff to solicit competitive bids for one tractor(see Report R-02-105). After evaluation of various small tractors staff determined that the type of tractor best suited to meet District needs is a mini-excavator. The mini-excavator, manufactured by Caterpillar Tractor, will be small enough to access the District's single-track trails. This would allow staff to utilize the mini-excavator for trail maintenance projects including culvert replacement, retaining walls, and trail tread repair. The mini-excavator that meets the District's specifications is available through the California Department of General Services, California Multiple Award Schedule(CMAS)contract. The CMAS program allows the District to use a competitively awarded state contract and to purchase the equipment directly from the vendor. The District's ability to purchase equipment through the Department of General Services CMAS program provides a significant price discount and greatly reduces the amount of staff time that would otherwise be required if the District conducted a separate bid process. The District has joined in the CMAS cooperative Purchasing Agreement, has purchased vehicles and equipment through the State Department of General Services for many years, and has been very satisfied with the results. Prepared by: David Topley, Support Services Supervisor 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 Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, Deane Little,Nonette Hanko, Larry Hassett,Kenneth C.Nitz * General Manager:L.Craig Britton Regional Open S, ce R-02-128 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 02-22 November 13, 2002 AGENDA ITEM 8 AGENDA ITEM Authorize an Increase in the Amount of$16,000 for the Contract with Kevin Emery Builder for the Structural Repairs to the Former"SherrilUGrainger" Residence at to Bello Open Space Preserve for a Total Contract Amount Not to Exceed $36,251.50; Appropriate 16,000 ' Funds From the New Land Purchases Budget Account GENERAL MANAGER'S REC MMENDATI 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in this report. 2. Authorize an increase in the contract Kevin Emery Builder for the structural repairs to the former "Sherrill/Grainger" residence at Monte Bello Open Space Preserve in the amount of$16,000 for a total contract not to exceed $36,251.50; appropriate $16,000 in funds from the New Land Purchases Budget Account. 3. Waive solicitation of further bids and approve the performance of emergency structural repairs described in this report by Kevin Emery Builders due to the existence of an imminent threat to persons and property. DISCUSSION On September 20, 2002, The District entered into a contract with Kevin Emery Builder for removal and replacement of the first floor wall and re-shearing of the second floor wall at the former Sherrill/Grainger residence at Monte Bello Open Space Preserve. The awarded contract amount is $20, 251.50. This contract was authorized under the General Manager's contracting authority of$25,000 approved as part of the Board Policy for Public Contract Bidding adopted at your meeting of July 24, 2002 (see Report R-02- 15). Staff had solicited four bids, with one being non-responsive. The three responsive bids were as follows: 1. Kevin Emery Builder $20,251.50 2. Charles Barton Construction $37,500.00 3. LM Construction $88,400.00 The contract was entered into with Kevin Emery Builder as"the lowest responsible and responsive bidder." The project included 1)the removal and replacement of the south facing two story wall consisting of 50 linear feet of the first and second floors and a temporary support structure during the repairs; 2)the re- shearing and waterproofing of the second floor wall; 3)the installation of a footing/pier wall under main roof ridge; 4)the removal and replacement of 750 sq. ft of stucco on the exterior wall; 5)the removal and replacement of 7 leaky single pane windows with dual pane windows and sheet rock repair; and 6)priming and painting new exterior stucco. 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 Fax:650-691-0485 • E-mail:mrosd®openspace.org + Web site:www.openspace.org L - 82E-E Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz +General Manager:L.Craig Britton R-02-128 Page 2 During tear off of the exterior wall, the contractor found extensive termite and dry rot damage to the roof beams and rafter spans extending into the upstairs bedroom ceiling. The contractor immediately notified staff of the situation. Staff met with the contractor at the property to discuss the need for additional repairs. The contractor has built a temporary bearing wall to keep the roof from collapsing. Field staff was consulted on assisting on this project, but it was determined that the immediate need for these emergency repairs would be best handled by the contractor. The additional repairs, which are immediately needed to prevent roof collapse, include the installation of temporary bearing walls along the south and east walls of the second floor, removal and replacement of sections of the rotten roof beams, removal and replacement of a roof eve on the south end of residence, removal and replacement of sheet rock along the south and east walls of the second floor, rebuilding the south exterior wall to the rafters, and installation of an additional footing/pier. These repairs were not a part of the original contract, but are necessary to restore the structural integrity of the residence. The cost of these additional repairs is not to exceed $16,000, for a total project cost of$36,251.50. On a temporary basis, the Board is being asked to appropriate $16,000 from the New Land Purchase Budget category; however, staff is currently conducting a mid-year budget review process and with Administrative and Budget Committee approval, a permanent shift of funds will be recommended to the full Board. It is fully expected that other"under-spent" budget line item funds can be shifted to cover this unanticipated expense and this shift from the New Land Program Budget category will only be temporary. Because this structure is tenant occupied and winter weather conditions have limited our options, staff recommends your approval of these additional emergency repairs under Section III.A enav Conditions of your Policies for Public Contract Bidding as there is a clear"threat to public health, safety, or welfare." Even with the additional repair costs,the total project costs remains below the next lowest responsible bid. When the 24-acre Grainger property was acquired in October 1998 (see Report R-98-114), the property was acquired on an "as-is" basis at a reduced price of$1,100,000, which was $44,000 less than the purchase price paid ($1,144,000)by the sellers in January 1997. CEOA COMPLIANCE Project Description This project involves the repair and replacement of an existing Property Management residence, involving no expansion of use. The project is categorically exempt under Section 15301 of the California Environmental Quality Act. Staff recommends that the Board determine that the project is categorically exempt from the California Environmental Quality Act (CEQA)based upon findings in this report. Prepared by: Michael C. Williams, Real Property Representative Contact person: Same as above Regional Open S; ce R-02-126 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 02-22 November 13, 2002 AGENDA ITEM 9 AGENDA ITEM Midpeninsula Regional Open Space District v. Wozniak: (Encroachment at Bear Creek Redwoods Open Space Preserve) Authorize the General Manager to Approve Litigation Expenses Pursuant to the Retainer Agreement with the Law Firm of Miller, Starr&Regalia in an Additional Amount Not to Exceed $20,000 GENERAL COUNSEL'S RECOMMENDATION 5 w; C. Authorize the General Manager to approve litigation expenses pursuant to the retainer agreement with the Law Firm of Miller, Starr& Regalia in the matter of Midpeninsula Regional Open Space District v. Wozniak in an additional amount not to exceed $20,000. DISCUSSION Beginning in 1999, the District managed the Upper Portion of Bear Creek Redwoods Open Space Preserve for the Peninsula Open Space Trust, pending a collaborative effort to obtain sufficient grant funding for the District to acquire fee title to the property. This effort was successful, and in July 2001, the District acquired fee title to the Upper Portion(see Report R- 01-71). Bear Creek Redwoods Open Space Preserve is now comprised of approximately 1,071 acres located in Santa Clara County, adjacent to Highway 17 and Lexington Reservoir. During this time, District staff discovered that a Preserve neighbor, Ms. Candice Wozniak, had created dirt trails in the Preserve for bicycle and motorcycle use and had built a fenced-in pasture on the Preserve where llamas were permitted to graze. Thereafter, several motorcycle jumps were built in this encroachment area. Encroachment problems continued despite contact from the District's Land Protection Specialist and field staff. In April 2002, the situation deteriorated further when the llama pasture area was bulldozed with construction equipment, multiple large motorcycle jumps in excess of six feet in height and ten feet in length were built, and all vegetation was cleared from the surface of the pasture. The District Board authorized the initiation of a lawsuit to stop this activity and to resolve these issues. The District's Counsel recommended that the Law Firm of Miller, Starr&Regalia(the Firm)be retained to represent the District in this litigation since it is one of the most qualified real property litigation firms in the area. The Firm had also represented the District in the complex transaction by which the Preserve was acquired and, thus, was familiar with the Preserve and related issues. In late 2001, under the General Manager's then-existing contractual authority, the Firm was retained with an authorized spending limit of$10,000. Suit was filed on May 13, 2002. On June 20, 2002,the defendants stipulated to entry of a Temporary Restraining Order halting any further activity pending court review. The Order was approved by the Court on June 26, 2002. 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 R-02-126 Page 2 Since expenditures were anticipated to exceed the General Manager's authority, on July 24, 2002 the Board authorized a total amount of$25,000 to pursue the lawsuit(see Report R-02-95). This included the $10,000 previously authorized under the General Manager's authority. Since that time, staff and the Firm have taken further actions required to properly prepare this matter for trial. This has included: conducting discovery and obtaining relevant documents from the defendants; responding to the defendants' discovery requests; negotiating the terms of a Permit to Enter requiring the llama pasture area to be re-graded and winterized by the defendants in an effort to minimize erosion during the upcoming rainy season; attending required court appearances; meeting with District staff-, and preparing the matter for court-ordered mediation in December. It is now appropriate to authorize additional funds in an amount sufficient to prosecute the case through its next required steps. General Counsel recommends that, at this time, the Board authorize additional legal fees and costs in an amount not to exceed $20,000. Depending on the further steps necessary to prosecute this case, staff anticipates returning to the Board for additional authorization. Funds for this lawsuit are budgeted in the Acquisition Department's Land Expenditures Legal Fees category. Sufficient funds are available in this category for this expenditure. Report prepared by: Susan Schectman, General Counsel Contact person: Same as above Claims No. 02-18 Meeting 02-22 Date 11/13/02 Revised Midpeninsula Regional Open Space District # Amount Name Description 4732 $784.60 Indoff Incorporated Office Furniture-Planning&Admin.Department 4733 $297.15 Interstate Traffic Control Product Sign Posts 4734 $99.99 Johnigan,John Reimbursement-Uniform 4735 $455.89 Kem,Grant Reimbursement-Conference-SERCAL 4736 $32.49 Kinko's Printing Services 4737 $479.09 Langley Hill Quarry Trail Restoration Material 4738 $400.00 Law Enforcement Psych.Services Psychological Assessment-Recruitment 4739 $661.25 Los Altos Garbage Co. Refuse Services 4740 $8.58 MCI Long Distance Telephone Service 4741 $434.61 McKowan,Paul Reim.-30th Anniversary Event Supplies 4742 $118.57 MegaPath Networks Internet Connection-DSL Line SFO 4743 $259.76 MetroMobile Communications Radio Repairs&Maintenance 4744 $8,300.00 Mike Tobar Excavation Demolition-Former Bartel Property 4745 $56.87 *4 Morgan,Jessica Reimbursement-30th Anniversary Supplies 4746 $3,024,000.00 ## Old Repbulic Title Company Acquisition of Big Dipper Ranch 4747 $43.93 Orlandi Trailer Trailer Hitch Installation 4748 $896.33 Pacific Bell Telephone Service 4749 $2,333.12 Panko Architects Architectural Service-FRO Shop Facility 4750 $75.00 *5 Peets Coffee Russian Ridge Barn Event Supplies 4751 $400.55 Peninsula Digital Imaging Printing/Laminating Photos for District Display 4752 $3,700.00 Philip Transportation Hazardous Waste Removal-La Honda 4753 $3,838.35 Rana Creek Habitat Restoration Native Grass&Wild Flower Seed 4754 $36.13 Rayne Water Conditioner Rental 4755 $1,698.00 Redwood Mechanical&Plumbing Co. Furnace Installation 4756 $442.31 Reed&Graham,Inc. Hay Bales for Trail Restoration 4757 $402.18 *6 Reneau,Frances Reimbursement-Training-Santa Rosa Academy 4758 $30.79 Robert's Hardware Field Supplies&Equipment 4759 $600.00 Roberta Wolfe Recording Services 4760 $403.17 Roessler,Cindy Reimbursement-Mileage 4761 $580.05 Roy's Repair Service Vehicle Repairs&Service 4762 $186.00 *7 Sac.Sheriffs Dept.SSDDTRFTF Patrol Bike Training-Ken Miller 4763 $293.12 Safety Kleen Oil Recycling 4764 $1,366.86 San Jose Mercury News Legal Ad,Old Page Mile Road Project&Recruitment 4765 $742.94 San Jose Water Company Water Service 4766 $2,360.00 Seever,Richard DBA Rural Pig Mgmnt Pig Control Services 4767 $99.00 Sequoia Analytical Water Quality Test 4768 $331.98 Skyline County Water District Water Service 4769 $600.00 Smith,Malcom Public Affairs Consultant 4770 $1,168.23 Soil Stabilization Products Co.,Inc. Restoration Materials 4771 $101.11 Sommer,Sandy Reimbursement-Mileage 4772 $264.00 Stevens Creek Quarry,Inc. Water Truck Rental 4773 $1,093.22 Summit Uniforms Uniform Expense 4774 $371.55 Tadco Supply Janitorial Supplies 4775 $952.60 United Rentals Highway Tech. Equipment Rental 4776 $51.28 Verizon Pager Service 4777 $9,650.00 Wahoo Warehouse Software-Office 2000 4778 $1,390.00 West Bay Electric Inc. Electrical Repair-Restroom-Main Office Page 2 of 3 Claims No. 02-18 Meeting 02-22 Date 11/13/02 Revised Midpeninsula Regional Open Space District # Amount Name Description 4689 $267.20 Ace Fire Equipment&SVC CO. Fire Extinguisher Servicing 4690 $1,708.09 Acme&Sons Sanitation Sanitation Services 4691 $151.13 ADT Security Services Burglar Alarm Service 4692 $14,459.09 All Chemical Disposal,Inc. Chemical Identification Services 4693 $383.85 All Premium Promotional Products Staff Recognition Supplies 4694 $3,119.16 Allied Auto Works Vehicle Service and Repairs 4695 $500.00 American Tower Corporation Radio Repeater-Coyote Peak 4696 $363.49 Arbill Glove&Safety Product Field Supplies 4697 $49.62 AT&T Telephone Service 4698 $1,739.10 Barg Coffin Lewis&Trapp Legal Services-Guadalupe Watershed 4699 $352.71 Barron Park Supply Co.,Inc. Plumbing Supplies 4700 $122.49 Browning-Ferris Industries Refuse Services 4701 $26.02 Butler's Uniforms Uniform Expense 4702 $350.00 CA Env.Protection Agency EPA ID Number Fee 4703 $161.90 Cabala's Promotions,Inc. Uniform Expense 4704 $103.38 California Water Service Company Water Service 4705 $8,940.75 Carter Industries Vehicle Service Body&Parts 4706 $12.95 Casaretto,Mark Reimbursement-Uniform 4707 $200.00 Clark Pest Control Pest Control 4708 $56.00 Co.of Santa Clara-Env.Res.Agency Business Meeting-Rental Hall 4709 $237.15 Cole Supply Co.,Inc. Sanitation Services 4710 $737.03 Comp USA,Inc. Epson Printer 4711 $520.97 Costco Supplies 4712 $370.83 Custom Alignment Vehicle Repair 4713 $106.81 *1 Cuzick,Elaine Reimbursement-30th Anniversary Supplies 4714 $1,777.98 Design Concepts Posters of Visitors Map 4715 $96.97 Document Systems Office Supplies 4716 $65.00 Dolan,Brendan Reimbursement-First Aid/CPR Conference 4717 $2,143.72 Emergency Vehicle Systems Equipment Repairs 4718 $350.00 Evergreen Hazardous Waste Removal Service-Used Oil 4719 $390.00 Expanets; Telephone System Maint.&Lease 4720 $21.63 Film To Frame Video Tape Copy 4721 $1,000.00 *2 Financial Title Company Title&Escrow Fees 4722 $5,241.85 *3 First Bankcard 2848.62-Training&Conf.Exp. 154.87-Intemet Ser. 732.63-Field Equip.Supp.&Uniform Exp. 539.05-Subscriptions&Books 606.55-Special Event Supp.&Prizes 109.54-Software 250.59-Local Business Meeting 4723 $54.25 Fitzsimons,Renee Reim,30th Anniversary Event Supplies 4724 $96.17 Forestry Supplies,Inc. Field Supplies 4725 $39.99 Foster Brothers Keys&Locks 4726 $234.57 G&K Service Shop Towel Service 4727 $861.28 Gardenland Power Equipment Field Supplies&Equipment 4728 $1,089.00 Godiva Chocolatler 30th Anniversarey Event Gifts 4729 $704.17 Green Waste Recovery,Inc. Garbage Service 4730 $448.40 Home Depot,Inc. Field Supplies&Equipment 4731 $58.57 Howard,Kelly Reimbursement-Conference-SERCAL Pap 1 of 3 Claims No. 02-18 Meeting 02-22 Date 11/13/02 Revised Midpeninsula Regional Open Space District # Amount Name Description 4779 $1,862.38 West Group On-Line Legal Services 4780 $577.10 Woods,Del Reimbursement-Land Trust Alliance 4781 $200.00 Woodside&Portola Private Patrol Patrol Services-Windy Hill 4782 $972.47 Workingman's Emporium Uniforms 4783 $600.00 Z-CON Specialty Service,Inc. Asbestos Removal-FFO Shop 4784 R $322.08 Anthony J.Anglim Co. U.S.Flag-Main Office 4785 R $3,951.00 Bay Area Asphalt&Cement Works,Inc. Apply Sealer-Thornwood Driveway 4786 R $749.62 Bowerman Electric Electric Repairs-La Honda Ranger Resident 4787 R $1,166.98 Britton,L.Craig Reim.-Conference-Land Trust Alliance Annual Rally 4788 R $100.00 California Exotic Pest Plant Council Membership Dues 4789 R $151.04 California Water Service Company Water Service 4790 R $1,915.00 General Graphics Exhibits Interpretive Signs 4791 R $1,412.01 Gilpin Geosciences,Inc. Consulting Services-ECDMC&Pursima Creek 4792 R $147.87 Guy Plumbing&Heating,Inc. Repair-Distel Toilets&Rental Unit 4793 R ### $10,000.00 Kevin Emery Builder Sherril House Rental Repair 4794 R $64.94 Miller,Ken Reimbursement-Field Supply 4795 R $885.20 Office Depot Office Supplies 4796 R $643.13 Office Team Office Temporary Help-Acquisition Department 4797 R $933.59 Pacific Bell Telephone Service 4798 R $478.05 Petty Cash Conference&Training Expense,Office&Field Supplies, Vehicle Mileage Reimbursement,Volunteer Supplies, Out of Town&Local Bus.Meeting Expense 4799 R $675.00 Smith,Malcom Public Affairs Consultant 4800 R $225.00 Solo To Trio String Quartet for Musical Services-30th Anniversary 4801 R $75.00 Stuart Weiss Docent Training 4802 R $1,000.00 United States Postmaster Postage Total $3,151,711.38 *1 Urgent Check Issued 11/06/02 *2 Urgent Check Issued 10/29/02 *3 Urgent Check Issued 11/04/02 *4 Urgent Check Issued 11/6/02 *5 Urgent Check Issued 10/29/02 *6 Urgent Check Issued 10/25/02 *7 Urgent Check Issued 1116/02 ## In the event agenda item is not approved,this claim will not be processed. ###Per board approval of agenda item 8 Page 3 of 3 Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To: Board of Directors From: L. Craig Britton, General Manager Date: November 8, 2002 Re: FYI's 330 Distel Circle * Los Altos,CA 94022-1404 * Phone.650-691-1200 Fax:650-691-0485 * E-mail:mrosd@openspace.org * Web site: www.openspace.org z J ti tj +' gar 4 ;+ y; tr M� MF�H�� + � f a r � � F• NOV., at Y Director Ken Nitz getting Y an earl start on Trimming the Budget?? No - just preparing a hillside for planting at the October 12, 2002 Volunteer Project at Pulgas Ridge Open Space Preserve. Nearly 200 native seedlings were planted by 14 volunteers! Regional Open S ce 1 MIUPENINSULA REGIONAL OPEN SPACE DISTRICT October 24, 2002 Board of Directors c/o Joseph Donofrio, General Manager Monterey Peninsula Regional Park District 60 Garden Court, Suite 325 Monterey, CA 93940-5341 RE: 30`h Anniversary Resolution At their Regular meeting; last night, the Board of Directors of Midpeninsula Regional Open Space District adopted Resolution No. 02-35 honoring the Monterey Peninsula Regional Park p p g y m g ')istrict upon the occasion of its 30 Anniversar y. Please accept the enclosed. framed Resolution from our Board of Directors to yours. Congratulations! Best regards, V L. Cra' -Britton General Manager I LCB:lz Encl. i cc: NTROSD Board of Directors i I 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200 Fax:650-691-0485 • E-mail:mrosd®openspace.org •Web site:www.openspace.org ' 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. 02-35 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT HONORING THE MONTEREY PENINSULA REGIONAL PARK DISTRICT UPON THE OCCASION OF ITS 30TH ANNIVERSARY WHEREAS,the Board of Directors of the Midpeninsula Regional Open Space District .:cognizes that through the combined work of all open space and park districts, park agencies, and non- profit open space protection organizations in the greater Bay Area, a significant positive effect on open space preservation can be achieved; and WHEREAS, in 1972, the same year as the District's own formation, the Monterey Peninsula Regional Park District(MPRPD)was created by the voters of that region with the express purposes of acquiring open space lands within its 500-square-mile jurisdiction, protecting the environment, offering public recreational and educational use on the land, and involving the community in developing an open space system; and WHEREAS,today, after 30 years, MPRPD continues to successfully carry out its mission, having preserved over 7,500 acres of open space land in 24 parks; created a first-rate trail system; forged productive and successful partnerships with other agencies and cities; created a vital and growing volunteer corps; and effectively leveraged its annual revenues to maximize the most effective use of taxpayer funds; and WHEREAS, among its most significant accomplishments, MPRPD can count the development of the world-renowned 35-mile long Coastal Trail - a remarkable collaborative effort between the District, local cities, the Coastal Conservancy, and others; and WHEREAS,MPRPD's participation in establishing recreation-oriented destinations such as Laguna Grande and Los Arboles Parks exemplifies its recognition of the great need for a well thought- out balance between acquisition of rural open space and creation of community-based recreational I facilities; and I WHEREAS,MPRPD's commitment to environmental protection and open space preservation is illustrated by its acquisition of the 4,500-acre Garland Ranch Regional Park, the `crown jewel' of District parks, which features unspoiled oak woodlands, expansive views, deep canyons, and a wide variety of flora and fauna. i �J Now,THEREFORE, BE IT RESOLVED that the Board of Directors of the lvfidpeninsula Regional Open Space District does hereby honor the Monterey Peninsula Regional Park District, it's Board of Directors, and its constituents on the grand occasion of its 30t' Anniversary, commends and applauds the MPRPD for its long-standing commitment and dedication to open space and to the community, and offers sincere wishes for its continued success and health. l Cf k �� /Adopted by the Board of Directors October 23, 2002 I Regional Open S ce �I g p MIDPENINSULA REGIONAL OPEN SPACE DISTRICT October 24, 2002 Yes on Proposition 50 926 J Street, Suite 907 Sacramento, CA 95814 RE: Resolution Supporting Proposition 50 At their Regular meeting last night, the Board of Directors of Midpeninsula Regional Open Space District adopted Resolution No. 02-36 supporting Proposition 5n on the November 5, 2002 statewide ballot. Please accept an original Resolution, which is enclosed for the purpose of demonstrating the Midpeninsula Regional Open Space District's support of this important ' Proposition in safeguarding and protecting California's water and coastal areas. I Best regards, L. Craig I on General Manager LCB:lz Encl. cc: MROSD Board of Directors I I 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200 Fax:650-691-0485 • E-mail:mrosd@openspace.org •Web site:www.openspace.org ft�] EPA—It Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz •General Manager:L.Craig Britton RESOLUTION No. 02-36 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SUPPORTING PROPOSITION 50 ON THE NOVEMBER 5, 2002 STATEWIDE BALLOT WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District declares that protecting and maintaining California's water supply is of utmost environmental and economic importance to the Bay Area and the entire State; and WHEREAS, California's water situation is exacerbated as the state's population continues to grow by up to 650,000 people annually, with fully two-thirds of California's residents dependent on the state's complex and fragile water infrastructure to supply water to their homes, businesses, and farms; and WHEREAS, the Board further finds that water is essentially California's lifeblood, critical for our quality of life and our economy, and that significant additional statewide funding is necessary if California's water supply is to be protected; and WHEREAS, such new funding would provide support for regional water management efforts that would assist in planning new water storage or banking opportunities, in upgrading the existing distribution and infrastructure systems, in facilitating water transfers and creating new water supplies, and in further developing processes for capturing and better utilizing existing supplies through recycling, reclamation and conservation; and WHEREAS, most importantly to the District, new funding would also assist in preserving, through acquisition, protection and restoration, California's world-renowned beaches and coastal wetlands as natural treasures, crucial wildlife habitat, and destinations for low-intensity recreational use; and WHEREAS, Proposition 50 on the November 5, 2002 statewide ballot provides the significant additional funding necessary to help ensure clean drinking water, improve water reliability, strengthen California's economy, preserve and protect our beaches and coastal regions, without raising taxes, and is endorsed by a wide variety of environmental, business, agricultural, and public safety organizations. Now,17HEREFORE,BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does hereby endorse and support the passage of Proposition 50, the Clean Water and Coastal Protection Bond Act of 2CO2, on the November 5 statewide ballot. .� - JC i f f> Adopted by the Board of Directors 1 October 23, 2002 Reg• C n a a1 O e Pen �c MIDPENINSULA REGIONAL OPEN SPACE DISTRICT October 24, 2002 Board of Directors c/o Frances M. Brigmann, Director Marin County Open Space District 3501 Civic Center Drive, Room 415 San Rafael, CA 94903 RE- 30 Anniversary Resolution At their Regular meeting last night, the Board of Directors of Midpeninsula Regional Open Space District adopted Resolution No. 02-33 honoring the Marin County Open Space District upon the occasion of its 30'h Anniversary. Please accept the enclosed, framed Resolution from our Board of Directors to yours. Congratulations! r 7rj L. Craig Britton General Manager LCB:lz Encl. I cc: MROSD Board of Directors I 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200 Fax:650-691-0485 • E-mail:mrosd@openspace.org •Web site:www.openspace.org VBoard of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz •Genera!Manager:L.Craig Britton I RESOLUTION No. 02-33 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT HONORING THE MARIN COUNTY OPEN SPACE DISTRICT UPON THE OCCASION OF ITS 30TH ANNIVERSARY WHEREAS,the Board of Directors of the Midpeninsula Regional Open Space District firmly believes that it takes the work of many open space districts, agencies, and organizations in multiple jurisdictions to make a long-term positive impact on the preservation of open space lands in the greater Bay Area; and WHEREAS, generally concurrent with the District's own formation in 1972, the people of Marin County voted to create and provide funding for the Marin County Open Space District(MCOSD)with the mission of acquiring, preserving, and managing areas of natural landscape within the County; and WHEREAS, since that time, the MCOSD has been successful in preserving over 14,000 acres of pristine and irreplaceable open space land from redwoods to lagoons; from critical habitats to watersheds; and from wildflower-filled meadows to cool, damp canyons; and WHEREAS, during its remarkable 30-year tenure, the MCOSD has achieved many successes, including the creation of a highly effective volunteer corps, which has made significant progress in battling invasive non-native plant species, restoring oak woodlands and other sensitive habitats, constructing essential trail connections, monitoring land conditions, and making visitor contacts; and WHEREAS, among its truly noteworthy efforts the MCOSD counts the monitoring and inventorying of the threatened spotted owl - a species which shows continued mating and rearing of young in Marin's open spaces; significant erosion control and protection of fish habitat; protection of rare plant species from grazing damage; restoration of habitats for marine mammals, fish, and water birds at Bolinas Lagoon; and other critical work to manage, protect, and enhance the natural undeveloped character of Marin's open space, while accommodating a `light-on-the-land' level of public recreational and educational I activities. Now, THEREFORE,BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does hereby honor and extend its sincere congratulations to th,;Marin County Open Space District on the occasion of its 30'h Anniversary, and applauds its continuing and tireless efforts in building a viable open space community among its constituents, and its dedication and commitment to the fundamental ideals of open space preservation as a key means of maintaining and improving the quality of life for the residents of Marin County. t J Adopted by the Board of Directors '+ October 23, 2002 SAN MATED WA LOCAL AGENCY FORMATION COMMISSION CO 455 COUNTY CENTER,2ND FLOOR•REDWOOD CITY, CA 94063-1663•PHONE(650)363-4224•FAX(650)363-4849 October 28, 2002 To: Presiding Officers Independent Special Districts, San Mateo County Subject: Notice of Call for Nominations for Special District Member on San Mateo LAFCo Pursuant to Section 56332(c)(1) Notice is hereby given that due to a lack of quorum at the Independent Special District Selection Committee called to elect a special district member on LAFCo for the term that expired May, 2002 (currently held by Marguerite Kaufman), it has been determined that the election shall take place by mail ballot as permitted by Section 56332 (c)(1). Accordingly, notice is hereby given that written nominations for special district member on LAFCo shall be accepted no later than November 27, 2002.Upon receipt of nominations by the end of the 30-day nomination period,the Executive Officer shall prepare and distribute ballots and voting instructions. Pursuant to Section 56332,the Independent Special District Selection Committee shall consist of officer of the legislative body of each independent special district. If for some the presiding o g y p p reason the chair or presiding officer of a district is unable to participate on the Independent Special District Selection Committee,the Board of that District may appoint an alternate board member to participate and vote. Staff may not nominate or vote. Each district is entitled to one vote. Nominations should be submitted to LAFCo by November 27, 2002 on District letterhead and signed by the presiding officer or board-appointed alternate.If an alternate is appointed,the nomination should be accompanied by the resolution or minute order as record of the District Board's appointment of an alternate to the Special District Selection Committee. A copy of Section 56332 is attached along with infonnation on San Mateo LAFCo and Commission membership. Sincerely, Martha Poyatos Executive Officer Enclosures Commissioners: Council Member Duane Bay • Special District Member Iris Gallagher,Vice Chair • Supervisor Rich Gordon Supervisor Jerry Hill • Public Member Howard Jones,Chair• Special District Member Marguerite Kaufman • Council Member Sepi Richardson Alternates. Supervisor Rose Jacobs Gibson • Special District Member Robert Craig • Council Member Toni Taylor Public Member Joseph Zucca I Staff: Martha Poyatos, Executive Officer• Carol Woodward, Legal Counsel I SAN MATEk- .-,OCAL AGENCY FORMATION CC- _dISSION 455 County Center,2nd Floor Martha Poyatos Redwood City, California 94063 Executive Officer (650)363-4224 PURPOSES The Local Agency Formation Commission(LAFCo)is a State-mandated agency with countywide jurisdiction over changes in organization and boundaries of cities and special districts including annexations, detachments, incorporations and formations.LAFCo contracts with the County of San Mateo for staff services.LAFCo has responsibility in the following areas affecting local government in the county: 1. To discourage urban sprawl and encourage the orderly growth and development of local government agencies; 2. To prevent premature conversion of agricultural and open space lands; 3. To review and approve or disapprove proposals for changes in the boundaries and organization of the 20 cities, 24 independent special districts and approximately 38 county-governed special districts plus incorporations of cities and formations of special districts; 4. To establish and periodically update spheres of influence--future boundary, organization and service plans--for the county's cities and special districts; and 5. To perform and assist in studies of local government agencies with the goal of improving efficiency and reducing costs of providing urban services. COMMISSIONERS The Commission is made up of two members of the county Board of Supervisors,two members of city councils of the cities in the county,two board members of independent special districts in the county,a public member, and four alternate members(county,city, special district and public).The Commission contracts with the County of San Mateo for staff, facilities and legal counsel. The Executive Officer serves in the in capacity which includes staff review of each proposal, sphere of influence studies and assistance to local agencies and the public. LAFCo COMMlSSIONERS, Term Duane Bay City Member May,2005 Iris Gallagher Special District Member,Vice Chair May,2004 Rich Gordon Board of Supervisors May,2004 Jerry Hill Board of Supervisors May,2004 Howard Jones Public Member, Chair May,2006 Marguerite Kaufinan Special District Member May,2002 Sepi Richardson City Member May,2006 Robert Craig Alternate Special District Member May,2004 Rose Jacobs Gibson Alternate for Supervisors May,2004 Toni Taylor Alternate for City Members May,2003 Joseph Zucca Alternate for Public Member May,2006 CONMUSSION MEETINGS: sda 1. LAFCo meetings are normally held on the third Wednesday of odd-numbered months(Jan.,March,May, etc.) at 2:30 p.m. in the Board of Super%isors Chambers at the Hall of Justice in Redwood City. 2. if an item concerning you is on the agenda,the Chairman will call for comments from the audience when the item is ready for discussion fromIffie floor.Please complete a speaker slip available just inside the door and give it to the Clerk to assist the Chairman in organizing the progress of the hearing. Clerk. 3. When addressing the Commission,please proceed to the microphone and state your name and address for the For more information about San Mateo LAFCo: www.sammateolafco.org 06/2002 RECEI'v`,, JCT 31 2002 MIDPENNSULA flEGIONAI OPEN SPACE DISTRICT Regional Open Sr ^e ------------------ MIDPENINSULA REGIONAL OPEN SPACE DISTRICT November 8, 2002 Dirk A. Kabcenell 557 Cresta Vista Lane Portola Valley, CA 94028-7728 Dear Derry, I am writing in response to your letter of November 1, 2002 regarding the recent gopher activity that you have encountered in the restoration area next to the bridge crossing at Windy Hill Open Space Preserve. Your letter states a concern that the gopher activity is damaging the new plantings and resulting in breaks to the irrigation lines. I have discussed this matter with the District's Assistant General Manager and Resource Management Specialist, who together are granting the use of McAbee-type traps to control the gopher population in the area of the new plantings. The District requests that you adhere to the following set of conditions when performing the gopher control: 1. Obtain the services of an experienced landscaper or trap specialist to perform and monitor all gopher trappings. 2. Install trappings underground only; no aboveground trapping is allowed. 3. Ensure that all traps are properly marked for Later retrieval. 4. Monitor traps daily to determine whether traps have been activated or whether traps should be relocated. 5. If animals other than gophers are found in traps, MROSD will be immediately notified to re-evaluate the trapping program. Gopher trapping will be permitted in the restoration area for a period of one year from the date of this letter. If you have any questions, please feel free to contact me at (650) 691- �� 1200. I I Sincerely, i i Ana Ruiz Open Space Planner I cc: MROSD Board of Directors Cindy Roessler, Resource Management Specialist 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 � ®EPEE" Board of Directors: Pete Siemens,Mary C. Davey,Jed Cyr, Deane Little,Nonette Hanko, Larry Hassett, Kenneth C. Nitz • General Manager: L.Craig Britton Nov-01-02 10: 17P P.05 DIRK A. KABCENELL 557 Crests Vista Lane Portola Valley, California 94028-7728 November 1, 2002 Ms. Ana Ruiz Midpeninsula Regional©pen Space District 330 Distal Circle Los Altos, CA 94022-1404 Dear Ana, As I mentioned last week,we've encountered significant gopher activity in the new plantings adjacent to the bridge at Corte Madera Creek. This activity threatens plants directly, and damage to irrigation theatens them indirectly. Attached is an electronic mad message from our maintenance service,Jim Lord Landscape Services, describing the damage and proposing a control method. I'm requesting permission to implement these controls on MROSD property. Please let me know if you need any additional information. Regards, Dirk A. Kabceneil Enclosure I I f f I I i i i Memorandum Date: November 7,2002 To: Craig Britton, General Manager From: Paul McKowan,Volunteer Programs Coordinator Subject: Volunteer Programs Update The following update contains information regarding the District's volunteer programs. My goal is to keep you and the Board members updated on the efforts of this dedicated group of volunteers.Their enthusiasm and energy greatly contribute to the successful protection and maintenance of the open space preserves,and continued program support from management and the Board is crucial and much appreciated. Volunteer Trail Patrol Opportunities to Educate Visitors about District Ordinances (711102—9131102): These statistics represent the number of visitors who were provided information after being observed violating these ordinances(for a detailed chart,please see attachment A). Trail Patrol members introduce themselves,explain the details of the ordinance,provide information and alternatives, and submit the information on their patrol reports. It is important to note that District ordinances may be discussed during any type of visitor contact; therefore,this type of visitor education is not limited to the numbers listed below. Total hours logged for this period: 806 hours. Bicycle Ordinances: Dog Ordinances: Other Ordinances: Helmet: 20 Leash: 15 Various Other Ordinances: 2 Prohibited Area: 9 Prohibited Area: 4 Speed Limit: 20 A Quote from a Trail Patrol Volunteer: "I was out hiking in Monte Bello on the Canyon Trail on a very hot day in July. The heat was bearable in the shade,but you had to move quickly through any exposed areas. I stopped a mountain biker who had taken off her helmet while she was riding up the hill. We talked about wearing the helmet, even when riding uphill. She looked unconvinced,but complied. Later that day I saw a coyote hunting on the side of the trail. It was completely absorbed and did not notice my approach. The same biker I had seen earlier in the day rode up and I motioned her to stop. A look of frustration passed over her face. She was obviously thinking, "NOW What?!?" (she was wearing her helmet). I then motioned her to be silent and pointed to the coyote. Her face lit up and we both watched him for a while. It was wonderful to be able to demonstrate to someone you had just educated on rules,that you care about all people sharing in the beauty and nature of the preserve.I hope that going forward she will associate Trail Patrol with the coyote in a good way and therefore be more likely to comply with the helmet rules." 2002 Volunteer Recoanition Event The annual District Volunteer Recognition Event was held on October 5h at the Red Barn in La Honda Creek Open Space Preserve. It was a beautiful Saturday afternoon and the freshly renovated Red Barn provided a fantastic backdrop for the event. Approximately 130 volunteers, staff, and Board members enjoyed the wonderful weather, tasty barbecue, and great fun. Volunteers from all programs were congratulated and recognized for their achievements and reminded of how important their contributions are to the success of the District's mission. A special thanks to all the staff and Board members who helped make this event special, and congratulations to Board Member Ken Nitz for winning the 2002 Community Outreach Volunteer of the Year Award! --over— Volunteer Crew Leader Program Eleven new Volunteer Crew Leaders completed their orientation and training program in October. They participated in a variety of weeknight training sessions, including District orientation,program administration, and leadership skills. Saturdays were spent with District field staff from all three offices learning general safety,tool identification and safety, resource management, fence construction and maintenance, trail restoration, and did we mention safety. We are very excited to have this dedicated group of volunteers join our veteran crew leaders and District staff in leading Preserve Partners and Special Group outdoor service projects. The new group had such a great time training together, we may have a hard time getting them to split up and help with the 50+projects we schedule each year—a great tribute to the teamwork they displayed during the training program! A Quote from a Volunteer Crew Leader regarding the training program: District Staff Trainers: "First rate. You all did an excellent job and sure put MROSD in a good light in terms of showing evidence of a great place to work. All of the MROSD employees I have had contact with have such a positive attitude and were all willing to share information about their work,the District,and particular tasks we worked on. You were all terrific to work with." Community Outreach Volunteers Community Outreach Volunteers worked side-by-side with staff and Board members in staffing the District booth at nine Bay Area community events this summer. The District participated in events at Los Gatos, Cupertino, Sunnyvale,Los Altos,Palo Alto,Woodside, Redwood City, San Gregorio, and Pacifica. In addition to participating as ambassadors of the District,these volunteers also helped us evaluate each event to ensure that our efforts are efficiently utilized. It is important to note that 62 individual shifts and 18 set-up and breakdown shifts were required in a four-month period to participate in this many events. Future Challenge for the Volunteer Programs I've attached an article from the October,Charity Channel—Volunteer Management Review(see Attachment B). It contains information regarding potential changes to the once anticipated influx of 25 million Baby Boomer retirees, and the difficulties this may cause for future volunteer recruitment of this target group. I've included this information in an effort to keep you informed of the potential challenges this trend may cause for the District and other Bay Area agencies in recruiting and retaining volunteers. These are just a few of the highlights of the various programs this quarter. I will feature additional volunteer contributions and accomplishments in each report. Many thanks to you and the Board for your continued support of these programs. c Attachment A Volunteer Trail Patrol — Opportunities to Educate Visitors about District Ordinances Chart 07/01/02 — 09/30/02 Bicycle Dog Elgtresti Ott, Other trot,:, t T sP r es nances C 6'4ces acesPreserves by° ►u ;r Prohibited Speed Prohibited Prohibd Speed Helmet Area Limit Leash Area Aires .,. tirFiit. Miscellaneous Coal Creek � El Corte de Madera 2 1 Fremont Older 5 2 5 , *, Long Ridge 1 Los Trancos Monte Bello 6 4 'tit Picchetti Ranch Pulgas Ridge 1 ; 3 Purisima Creek 3 1 : 3 Rancho 7 7 4 2 2 ?: Russian Ridge 1 Saratoga Gap1 Skyline Ridge77 1 1 St. Joseph's Hill 6 ': Windy Hill Training/Meetings Totals by Ordinance 20 9 20 15 4 2Cl ' Attachment B Volunteer Management Review The End of Retirement as We Know It: New Challenge for Subscribe Volunteer Programs Email this issue By Nan Hawthorne, Printer friendly Writer and Consultant pAge hawthomeCcD-nanhawthorne.com Oct 30, 2002, 6:00am Many volunteer programs are likely to face a challenge in the next decade or so as the formerly ample supply of "recruitable"seniors disappears. The once anticipated influx of 25 million Baby Boomer retirees is, as it turns out, likely to dwindle if the trend to postpone or interrupt retirement develops.The impact on volunteer programs in general will be notable, but the impact on programs focused on senior involvement could, it can be argued, be devastating. Until recently the prediction was when Boomers reached retirement age they would prove to be healthier, more active and more involved than their predecessors, and be a promising pool of volunteers. Nothing has changed this prediction, but a new one affects how this vitality will be used. The fact is that Boomers as a group have not prepared sufficiently for retirement in the face of inflation and the vagaries of investing. According to a"Retirement Reality Check"survey completed by Allstate Financial, America's graying Boomers have severely underestimated how much money they need to retire and live comfortably. The survey found that nearly four out of five expect that they will need"$30,000 per year for basic living expenses during retirement. To have$30,000 per year, Baby Boomers will need approximately$1 million upon retirement,factoring in an eight-percent return on savings and an average four-percent rate of inflation."' The same survey concluded that the figure quoted by respondents as what they will need to live, $30,000, is only about half of what they will actually require. There are other influences on the trend either to retire much later or to return to work after retirement. The age for eligibility for Social Security retirement benefits is going up incrementally.That age will eventually climb from 62 to 67 with a substantial reduction in benefits for early retirees.This means that many older Americans will spend at least two to five years longer in the workforce or face a reduced lifestyle. Many older people will want to keep working. "We are going to have a whole generation that is healthy... and bored." What are they going to do with the later stages of their lives, if those stages span 25 or 30 years? If this optimistic projection of wealth by Dorothy Cantor, a writer and psychologist in Westfield, N.J., quoted in the Pittsburgh Post-Gazette is accurate even for a fraction of retirees, it will impact the workforce.While many will choose--and demand --volunteer opportunities that are substantial others will choose to keep working or will o back to work if their need for meaningful , Pp ,p 9 9 s volunteer work is not met by volunteer programs still operating on outmoded models. What will the impact be on volunteer programs? -The sheer number of available seniors will shrink, making recruitment methods less effective in general. Programs that rely entirely on seniors, such as the Senior Service Corps programs and intergenerational programs may find it difficult to find sufficient volunteers to meet their needs or to justify their funding. •As generational influences shift the techniques we have developed to cope may no longer work. For example, as more independent seniors have been found to need less of the social outlet of volunteering, organizations have coped by bring out studies that show a benefit to health of keeping active to continue to draw senior recruits. However, coming seniors who do not retire will not only have less time to volunteer; they will not need the activity and connectedness they formerly lost when they left work. Whereas many senior volunteers have come from generations of women who did not work outside the home the new non-retirees will include a large number of women who have had jobs and careers and likewise will need to stay employed. I � Are volunteer programs feeling the ' .��thwbend7 |toppeormth��th� h*od�Oeogaof�h�tnandk� rn��ngde�f � . ~ � hnovxn� °VVmare finding omo result of the uncertainties and selling in the financial markets that a number of volunteers are � finding part-time jobs ho help supplement retirement innonne.^shares Kathryn A^ (3dhz. CVA, Director of RSVP ofBroome � County in Binghamton, New York. " Most of them have continued in various volunteer ub|igaUnnm." However, she adds, � "Their flexibility im |innih»d." � � Giftb»sees light*dthe end of this tunnel, however. "The average age of volunteer in our program has been stable ed75. Am � we attract younger volunteers (those 55-65)our long-time members also age. Their life expectancy has increased amwa � have more volunteers at each of the outside ranges of ages. Volunteers still are active up to 97 or 98. If more people defer going to complete nadnann�nt until |ot�r, many b�o� hours and still find time Seniors are staying active � . . later in life and we will probably continue to see an average age at about 75 years of age. By the time most people are 75, � they will cut back work hours sign0oonUy." Indeed, volunteering may be the healthiest stage in this inevitable transition. � Nevertheless volunteer programs need to begin to change their approach to meet this looming trend. Gitto again supplies � the keys.Volunteer program staff must receive training in what to expect in the coming decade. The opportunities e«e||ob|e to volunteers must adjust bo their time availability, habits and interests. She mays. "Our staff has received � information about how the Baby Boom may look in retirement and that Boomers may tend to go in and out of the � workforce and education institutes throughout retirement.We offer a variety of options for volunteers and offeragreat deal of flexibility in assignments both in terms of skills required, commitment required, and time required. This flexibility, I be|ieve, will allow us to transition to a new type of senior volunteer efNectiws|y." Will your program meet the challenge of the end of retirement, amvve know it? References: 1 Allstate Financial 'Retirement Reality PR 3 Two Trends Show Why Diversity Needs bo Include Disability, hMp: . � Editor's Note: Our thanks to Nan Hawthorne for her contribution to Volunteer Management Review. Nan Hawthorne is a freelance journalist living and working in Bothell, Washington State. More information about Nan can be found at � � � � � | � | | | / | | | / | / � Regional Open Space MI DPENI NSULA REGIONAL OPEN SPACE DISTRICT To: Board of Directors From: L. Craig Britton, General Manager Date: November 13, 2002 Re: FYI's 330 Ustel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 Fax-650-691-0485 * E-mail:mrosd@openspace.org • Web site. www.openspace.org Page lofl Craig Brifto � From: "General Information" <info@openapama.org> To: <vo/ennemr@openepmcm.org> � Cc: "Craig Britton"<nbhMon .org> � � Sent: Tuoodoy, Novenmber12. 2002 8:20AM � � Subject: Fw: Sierra Singles -O8 K8RO8D Volunteer P jenta � � . � � � Original � ----- From: � To: � Co � � Sent: Friday, .~. __~_ ~: .~ PM � Subject: Sierra Singles-68K8ROSO Volunteer Projects � MROSD Board of Directors and Officers, Back in 1990. | began o program of environmental projects using the natural interest and human power of the � Sierra Singles (Sierra Club Loa Pri�to C�hopt��touonbibutetoourd|woneeond nannorhab|�park naeoun�aa � . . � which we use extensively for hiking and other events. As I look back on the years, I take pride in the number and � variety of projects, 1O4 through 3OO2. Sierra Singles have done of which GG were PWRC)GU preserve projects. This � shows real commitment to improve the parklands we enjoy. We received many appreciative compliments from the � � pub|io, park rangers and staff. Those who worked on these projectsueytheyvveneeotua||yfun and personally � rewarding. Many eagerly returned to volunteer on more projects. � � � | have completed my service with Sierra Singles. | trust that new leaders and volunteers will carry this tradition | � into the future of Sierra Singles. I look forward to continue my volunteer work for MROSD and become more � active in other ospectsofyouropenaUono� � � Thanks, HoxvordLevitan � � � � � � � � � � � � � � / | / | / | � 1l/l2/7UU7 | | � Lom Meta Unapter Sierra Singles Volunteer Projects Completed 68 MROSD PROJECTS COMPLETED ! Date Park Project Sierra Single Leaders Nov 90 *Rancho San Antonio Trail Busters Day Howard Levitan Dec 91 *Skyline Ridge Xmas tree removal/seeding Levitan Mar 91 *Pulgas Ridge Remove exotic plants Levitan Apr 91 *Windy Hill Trail Days: trail maint. Levitan May 91 *Skyline/Longridge Trail restoration Ev Bird Sep 91 *El Sereno Trail repair/fence build Bird/Levitan Nov 91 *Fremont Older Trail restoration Bird Dec 91 *Skyline Ridge Xmas tree removal/seeding Levitan/Bird Jan 92 *Rancho San Antonio Creek Debris Removal Bird Feb 92 *Skyline Trail maintenance Bird Mar 92 *Pulgas Ridge Exotic plant removal Bird May 92 *Fremont Older Trail days: maintenance Bird May 92 *Saint Joseph Hill Trail/switch back repair Bird Sep 92 *Duveneck Windmill Fence building Bird Apr 93 *Purissima: Trail Days Trail widening/building Bird/Levitan Jun 93 *El Corte de Madera Exotic plant removal Levitan/Bird Jun 93 *Rancho San Antonio Retaining wall building Levitan Jul 93 *Fremont Older Trail restoration Levitan Aug 93 *Duveneck/Black Mtn. Trail maintenance Levitan Oct 93 *Duveneck/Black Mtn. Trail maintenance Scott Gerken/Levitan Nov 93 *Duveneck/Black Mtn. Trail maintenance Jim Christiansen/Levitan Dec 93 *Rancho San Antonio Trail/creek winterizing Levitan Jan 94 *Rancho San Antonio Habitat restoration Linda Johnson/Levitan Feb 94 *Pulgas Ridge Habitat restoration Levitan Mar 94 *Pulgas Ridge Habitat restoration Kaspar/Levitan Apr 94 *Fremont Older Retaining wall building Johnson/Levitan/Kaspar May 94 *Coal Creek Trail maintenance Christiansen Jun 94 *Fremont Older Retaining wall building Christiansen Jul 94 *Pichetti Ranch Cabin debris removal Christiansen Aug 94 *Rancho San Antonio Fence building Kaspar Sep 94 *Rancho San Antonio Retaining wall building Christiansen Oct 94 *Rancho San Antonio Creek clearing, plant trees Christiansen Nov 94 *Pulgas Ridge Exotic plant removal Christiansen Dec 94 *Fremont Older Fence building Kaspar Dec 94 *Rancho San Antonio Greenhouse restoration Levitan Jan 95 *Pulgas Ridge Exotic plant removal Gerken Feb 95 *Rancho San Antonio Trail/culvert grooming Christiansen Mar 95 *Fremont Older Trail winter damage repair Christiansen Apr 95 *Pulgas Ridge Exotic plant removal Christiansen May 95 *Pulgas Ridge Trail winter damage repair Levitan Date Park Project Leaders Oct 95 *El Sereno OSP Native seed planting Christiansen Nov 95 *Rancho San Antonio Creekbed clean up, weeding Christiansen Dec 95 *El Corte Madera Fence building Kaspar Mar 96 *Fremont Older Native species planting Christiansen Apr 96 *Rancho San Antonio Trail repair, brush remove Christiansen May 96 *Russian Ridge Star thistle removal Christiansen Jun 96 *Open Space Project More good trail work Christiansen Sep 96 *Rancho San Antonio Meeting hall maintenance Christiansen Oct 96 *Rancho San Antonio Creekbed clean up, weeding Christiansen Nov 96 *Rancho San Antonio Trail/culvert grooming Christiansen Dec 96 *Open Space Project More good trail work Levitan Mar 97 *Open Space Project More good trail work Christiansen Apr 97 *Rancho San Antonio Meeting hall planting Christiansen May 97 *Pulgas Ridge Exotic plant removal Christiansen Jul 97 *Open Space Project More good trail work Christiansen Aug 97 *Open Space Project More good trail work Christiansen Sep 97 *Sierra Azul:Mt. UmunhumPaint old buildings Christiansen Oct 97 *Purisima Creek Fence building Christiansen Nov 97 *Open Space Project More good trail work Christiansen Aug 00 *Pichetti Ranch Fence build. , habitat repair Levitan Jan 01 *El Corte de Madera Fence building Levitan Mar 01 *Saratoga Gap Remove exotics/restoration Levitan May 01 *Long Ridge Fences/plant restoration Levitan Sep 01 *Long Ridge Fence building, trail work Levitan Jan 02 *El Corte de Madera Fence building Jennett/Levitan Apr 02 *Sierra Azul Fence building/remove broom Jennett Aug 02 *Montebello Fence building Jennett Nov 02 *Rancho San Antonio Plant native grass, weeding Jennett 11/08/2002 19:24 ET REF: SAMOO19.0061 FR:$AN MATEO CUM TO: 165O6910387/<RECIP>$e11p Thiefoldt</RE Pap 2 of 8 4, E° CQ Warren Slocum +� 4 Chief Elections Officer& Assessor-County Clerk-Recorder Registration—Elections Division 40 Tower Road San Mateo, CA 94402 Phone: 650.312.5222 Fax: 660.312.6348 To: Interested Persons From: Linda Tulett,Elec.Specialist/Filing Officer ltulettQ?,c0r_4.co.jgnMgW.M.us Fax. Fax. 650.312.5348 F4wx : Phone: 650.312.5370 Re Updated Semi-Off►eial Election Pages to follow this sheet - 6 Results,November 5,2002 bate: 11/8/02 O thew d ® For Review ❑ Pleme Comment O As Requested E1 Please Recycle Semi-Official Election Results November 5, 2002 General Election Cumulative Update 11 mul8l2002 i i 11/08/2002 19:24 ET REF: SANNOO19.0061 FA:SAN MTEO CKWTY TO: 16506910387/<RECIP>Sally Thiefoldt</RE Par 7 of 8 DISTRICT STATE . jPOSITIONS SAN MATEO COUNTY HARBOR DISTRICT PROPOSITION 46 J2 ft be*100hid) 532 of 532 Precincts Reported) 532 of 532 Precincts Reported) JAMES(JIM)TUCKER 54,025 27.29% YES 98,624 61.24% KEN LUNDIE 45,370 24.43% NO $6,081 38.76% LISA C.FERNANDEZ 45.433 - RICHARD GUILBAULT 29,9011 13.63% PROPOSITION 47 ROGER ANDERSON 4173 11-70% of 532 Precincts Reported) YES K627 64 36% PENINSULA HEALTH DARE DISTRICT NO 52,402 35.64% (3 to be ekmftd) 169 of lag Precincts Reported) I DONALD NEWMAN 23,902 2823% PROPOSITION 48 LOLA THOMPSON 21,650 25-57% 532 of 532 Precincts Reported) SUE SMITH 20,213 2387% KAREN W.CURD 9.669 11.64% YES 102,148 75,03% "FEL"ANTMONY AMISTAD 9,053 10.69% NO 32.916 24-37% ii6tJOIA HEALTHCARE DISTRICT — PROPOSITION 49 (3 to be*WtUd) 198 of 198 Precincts Reported} 532 of 532 Precincts Reported) ARTHUR J.FARO 19,322 19-99% YES ?Blau 53.86% GERALD SHEFREN 18,897 19,55% NO 67,504 46.12% JACK HICKEY 13,71117 14.26% WARREN C.GIBSON 11,990 I2.30% PROPOSITION so SONYA L.SIGLER 11,005 11.39% 632 of 532Precincts Reported) DAVID ROSNER 8,322 8.61% YES 57,109 W.17% HARLAND HARRISON 6,331 6.56% ARTHUR WM SATES 4,500 4.66% NO 57,672 39.0^ PHIL BRATTAIN 2,601 2.69% PROPOSITION 51 532 of 532 Precincts Reported) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT WARD 6 94 of 94 Precincts Reported) YES 64,880 4652% LARRY HASSETT li'lle 00.141 NO 74,575 5148%1 JACK HICKEY 5,592 33.W%l PROPOSITION 52 532 of 532 Precincts Reported) NORTH COAST COUNTY WATER DISTRICT (3 to be elected) 32 of 32 Precincts Reported) YES $2.275 43.06% THOMAS J.PICCOLOTTI 6,295 32,47% No 82,287 56-92%1 BOB VE77ER 5,542 28-59% V1 GOTELLI 4,773 24.62% GARY TUTIN 2.77$ 14.32% Semi-Official Election Results, 11/08/02 Page 5 of 6 From the Office of Warren Slocum, Chief Elections Officer MEMORANDUM MIDPENINSULA REGIONAL OPEN space DISTRICT To: L. Craig Britton, General Manager From: John Maciel, Operations Manage Subject: Update on Burns on District Lands Date: November 13, 2002 On Thursday evening, October 31 a 25 acre wildland fire occurred in the Sierra Azul—Cathedral Oaks area(see attached map). Approximately 12 acres of this burn occurred on District land, with the remainder being on private land. The fire was initially reported at 7:00 PM on Thursday, and was declared contained by 6:00 PM on Friday. District and CDF staff were on site through Friday afternoon. An illegal trail which had been closed had to be re-opened to create a fire break necessary to fight the fire. On Saturday night a re-ignition occurred and an additional three acres burned. The cause of the fire is still under investigation by CDF. I I I I I I I I i 0 0 ALDERCROFT BURN Cathedral Oaks Area of Sierra Azul Open Space Preserve Lf San Jose Water Company GATES h' 1 O Numbered(Distnct) �,y� [ :l Bum v Nonnumberetl L^V ~✓ ROADS aI STREAMS Y� Unpaved Road Perertlal -Minor Paved Road - r`f IntermittentImportant Road 'r Major Road <-+ (1 j Lake or Reservoir _ SA 18• PARKING D PI Roadside Parking 3 Sp`ij,gS }-.-� MROSD Land Bridge a -) N 0 0.1 02t 01.4 Was N mmi�u.+wwx� ` C- y2 ant Gtosed.........: A19 Sierra Azul Cathedral Oaks Area s°ad �ed` sql R°a r Road Approximate Location of Burn Weaver�°aa SA17 C d� Road 0 O h � Nate 2r a Stewart Dr. Sy �( Road _ a 17 x ldnd�rO Oo� Airport Ike r. Hei O Pa a Dr. I tvoi ROa IAL OPEN SPACE DISTRICT _ TR SVvcView\RgeclslSierra_AzuMklercrolt_QunrBoard_ReporMWeradl_&xn_board_uiwakd aad Page I of I Craig Britton From: "Craig Britton" <cbrifton@openspace.org> To: "Craig Britton" <cbrifton@openspace.org> Sent: Wednesday, November 13, 2002 4:29 PM Subject: Re Jeff Smith and Holden Neal >>> From: <GBCMK aa ol.com> >>> To: info @Qppn ace. r > W -_qrg >>> Sent: Tuesday,November 05, 2002 9:37 AM >>> Subject: Re Jeff Smith and Holden Neal >> >> I would be grateful if you would pass this note of thanks to the above named gentlemen who rescued me from sornehere along the wildcat loop on Sunday, November 3, 2002. 1 hadsturnbled on a rock and managed to severely sprain my left ankle. In any case both of these rangers were very kind and helpful and I am truly appreciative of their help. It is always a good lesson to be a patient every once in a while particularly when one is a physician. It's a good reminder of how it is to be helpless and dependent on your fellow human beings. >>>> With many thanks >>>> Yours sincerely >>>> >>>> Dr Gulshan Bhatia MBBS MRCP(UK) DTMH >>>> Medical Director TB Clinic >>>> Clinical Associate Professor >>>> Division of Infectious Diseases >>>> Santa Clara Valley Medical Center >>> 11/13/2002 T �� .. i I