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HomeMy Public PortalAbout20030625 - Agendas Packet - Board of Directors (BOD) - 03-14 Regional Open ,` ice --------------------- ...�___ MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 03-14 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 5:30 p.m. Wednesday,June 25,2003 330 Distel Circle Los Altos, California AGENDA* Please Note: 5:30 p.m. Closed Session Special Meeting Start Time 7:30 p.m. Regular Meeting Start Time 5:30 ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT—CLOSED SESSION The Closed Session will begin at 5:30 p.m. At the conclusion of the Closed Session,the Board will adjourn the Special Meeting Closed Session to the Regular Meeting,and,at the conclusion of the Regular Meeting, the Board may reconvene the Special Meeting Closed Session. 1. Conference with Legal Counsel—Anticipated Litigation Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(b)—two potential cases 2. Conference with Legal Counsel—Existing Litigation,Government Code Section 54956.9(a) Name of Case-Midpeninsula Regional Open Space District v.Wozniak, Santa Clara County Superior Court Case No. CV807797 3. Conference with Real Propga Negotiator—Government Code Section 54956.8 Real Property—Santa Clara County APN's 544-50-003, -005,and—006; Santa Cruz County APN's 091-051-02,and-03 Agency Negotiator—Michael C.Williams, Real Property Representative Negotiating Party—John Callan,Esq. 7:30* REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ** ORAL COMMUNICATIONS—Public ADOPTION OF AGENDA—N.Hanko ADOPTION OF CONSENT CALENDAR—N.Hanko *** ADOPTION OF MINUTES May 14,2003 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 J ® E Board of Directors: Pete Siemens,Mary C. Davey,Jed Cyr, Deane Little, Nonette Hanko, Larry Hassett, Kenneth C. Nitz • Genera/Manager:L.Craig Britton Meeting 03-14 Page 2 BOARD BUsmss 7:40* 1 Authorization to Execute a Contract with Shelterbelt Builders,Inc., for Consulting Services to Study Additional Methods for Invasive Plant Management;Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act(CEQA)as Set Out in this Report;Authorize the General Manager to Execute a Contract with Shelterbelt Builders,Inc.,in an Amount Not to Exceed$30,000 to Study Additional Methods for Invasive Plant Management—C. Roessler 7:55* 2 Approval of Categorical Exemption for Revised Project and Authorization to Solicit Bids to Construct the Federal Emergency Management Agency(FEMA)-Funded Grabtown Gulch Trail Repairs at Purisima Creek Redwoods Open Space Preserve;Approve a Categorical Exemption in accordance with the California Environmental Quality Act(CEQA),and Adopt the CEQA Findings as Set Out in this Report;Authorize Staff to Solicit Bids to Construct the FEMA-Funded Grabtown Gulch Trail Repairs at Purisima Creek Redwoods Open Space Preserve—A. Ruiz 8:05* 3 Proposed Lease and Property Management Agreement with Peninsula Open Space Trust for the Former One-Half Interest Hunt Property Located Adjacent to Bear Creek Redwoods Open Space Preserve(Santa Clara County Assessor's Parcel Number 544-35-009); Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act (CEQA)as Set Out in this Report;Authorize the General Manager to Sign the Lease and Management Agreement with Peninsula Open Space Trust and, Subject to Approval by the General Manager and General Counsel,to Approve Minor Revisions to the Agreement Which do not Substantially Change any Material Terms of the Agreement;Tentatively Adopt the Preliminary Use and Management Plan Recommendations Contained in this Report—T.Fischer 8:15* 4 Application to California State Coastal Conservancy's San Francisco Bay Conservancy Grant Program for Assistance with Acquisition of the Presentation Center Property Addition to Bear Creek Redwoods Open Space Preserve;Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act as Set Out in this Report;Adopt the Attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Application and Assurances for Grant Funds from the San Francisco Bay Conservancy Program for the Presentation Center Property Addition to Bear Creek Redwoods Open Space Preserve—D. Woods 8:30* 5 Authorization to Conduct a Controlled Burn at Russian Ridge Open Space Preserve;Authorize the General Manager to Prepare for,and Conduct,a Controlled Burn at Russian Ridge Open Space Preserve—J. Maciel *** 6 Authorization to Contract with Shoreline Printing for Printing Services for Fiscal Year 2003-2004, With an Option to Extend the Contract for Fiscal Year 2004-2005;Authorize the General Manager to Enter into a Contract for Printing Services with Shoreline Printing for Fiscal Year 2003-2004 for an Amount Not to Exceed$100,990 With an Option to Extend the Contract to Fiscal Year 2004-2005 Subject to Further Board Approval—K.Webb *** 7 Authorization to Pay the California Joint Powers Insurance Authority(CJPIA)for the Primary Deposits for the 2003-2004 Liability Program and the 2003-2004 Workers' Compensation Program; Authorize Payment to CJPIA in the Amount of$78,803 for the 2003-2004 Liability Program Primary Deposit;Authorize Payment to CJPIA in the Amount of$80,038 for the 2003-2004 Workers' Compensation Program Primary Deposit—S.Thielfoldt 8:50* INFORMATIONAL REPORTS—Brief reports or announcements concerning pertinent activities of District Directors and Staff. Meeting 03-14 Page 3 *** REVISED CLAIMS 9:00* ADJOURNNWNT * Times are estimated and items may appear earlier or later than listed.Agenda is subject to change of order. i ** TOADDRE4s THEBoAgo: 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. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT,IF YOU NEED ASSISTANCE TO PARTICIPATE IN THIS MEETING,PLEASE CONTACT THE DISTRICT CLERK AT(650)691-1200. NOTIFICATION 48 HOURS PRIOR TO THE MEETING WILL ENABLE THE DISTRICT TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING. Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 03-10 SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS May 14, 2003 MINUTES SPECIAL MEETING I. ROLL CALL President Nonette Hanko called the meeting to order at 5:05 p.m. Members Present: Jed Cyr, Larry Hassett, Deane Little, Pete Siemens, and Nonette Hanko Members Absent: Mary Davey and Ken Nitz Staff Present: Craig Britton, Sue Schectman, Cathy Woodbury, J. Escobar, and Richard Taylor H. CLOSED SESSION N. Hanko stated that the Board would adjourn to Closed Session to discuss Closed Session g i n Agenda Items 1 and 2. The Board recessed to Closed Session at 5:05 p.m. and the Closed Session commenced at 5:05 .m. The Board concluded the Closed Session at 7:25 .m. P P REGULAR MEETING M. N. Hanko called the Regular Meeting to order at 7:35 p.m. She announced that the Board had discussed Closed Session Agenda Items 1 and 2 in Closed Session and that no reportable actions had taken place. Additional Staff Present: Sally Thielfoldt,Lisa Zadek, John Maciel, and Gordon Baillie 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 5 to 0. I 330 Distel Circle • Los Altos, CA 94022-1404 • Phone: 650-691-1200 Fax: 650-691-0485 • E-mail: mrosd@openspace.org • Web site: vvvvvv.open space,org � 1F E5. 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 03-10 Page 2 VI. ADOPTION OF CONSENT CALENDAR Motion: J. Cyr moved that the Board adopt the Consent Calendar, including minutes of the April 23, 2003, Special and Regular Meeting; Agenda Item 4, Approval of Response to San Mateo County Grand Jury Report Dated April 7. 2003: Approve the Attached Response From the Board of Directors to the San Mateo County Grand Jury's Report of April 7. 2003 Regarding the Coastal Annexation Project: Agenda Item 5,Authorization to Solicit Bids for Four(4)Fire Pumpers: Authorize Staff to Advertise for Bids to Purchase Four(4)Fire Pumpers: and Revised Claims 03-09. L. Hassett seconded the motion. The motion passed 5 to 0. N. Hanko abstained on Claim#5806. VH. BOARD BUSINESS A. Agenda Item No. I—Approval of Memorandum of Agreement with Service Employees International Union, AFL-CIO Local 715: Adopt the Accompanying Resolution Approving the Memorandum of Agreement with Service Employees International Union, AFL-CIO Local 715, for a Term of April 1. 2003 Through March 31, 2005,Retroactive to April L 2003; Appropriate Funds from the Fixed Assets (Land Acquisition} Category of the 2003-2004 Fiscal Year Budget to b Transferred to Salaries and Benefits in the Amount Not to Exceed $88,900,Direct Staff to Return with the Appropriate Budget Amendment to Reflect These Adjustments; justments: Amend the Position Classification and Compensation Plan as Recommended—(Report R-0"49 S. Thielfoldt outlined the staffs recommendations. Motion: L. Hassett moved that the Board adopt Resolution No. 03-15, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Memorandum of Agreement Between the Midpeninsula Regional Open Space District and Service Employees International Union, AFL-CIO Local 715; appropriate funds from the Fixed Assets (Land Acquisition) category of the 2003-2004 fiscal year budget to be transferred to Salaries and Benefits in the amount not to exceed $88,900; direct staff to return with the appropriate budget amendment to reflect these adjustments; and amend the Position Classification and Compensation Plan as recommended. J. Cyr seconded the motion. The motion passed 5 to 0. L. Hassett recognized the efforts of the negotiating teams on both sides. S. Thielfoldt acknowledged the assistance of Fran Buchanan of IEDA, and S. Schectman. Meeting 03-10 Page 3 B. Agenda Item No. 2- Approval of Fiscal Year 2003-2004 Salary and Benefit Adjustments for Office. Supervisory and Management Staff- Approve the Recommended Salary and Benefit Adjustments for the Office, Supervisory and Management Staff Including a 4 Point Annual Salary Increase as Shown in Attachment A. Appropriate Funds from the Fixed Assets (Land Acquisition) Category of the 2003-2004 Fiscal Year Budget to be Transferred to the Salaries and Benefits Category(as Anticipated During the Budget Approval Process,), in the Amount Not to Exceed $151.600 and Direct Staff to Return with the Appropriate Budget Amendment Resolution Reflecting These Changes at Mid- Year- Direct Staff to Return with the Applicable Amendments to the Personnel Policies and Procedures. Reflecting the Recommended Changes; Amend the Position Classification and Compensation Plan, as Recommended—(Eftort R-03- 48 . C. Britton presented the report that outlined recommendations for salary arY adjustments, a longevity pay program, personal leave, tuition reimbursement, membership dues, health care and retiree medical benefits, and sick leave to care for family members. He talked about the budget implications of the proposal. Motion: I Cyr moved that the Board approve the recommended salary and benefit adjustments for the Office, Supervisory and Management Staff including a 4 point annual salary increase as shown in Attachment A; appropriate funds from the Fixed Assets(Land Acquisition) category of the 2003-2004 fiscal year budget to be transferred to the Salaries and Benefits category(as anticipated during the Budget approval process), in the amount not to exceed $151,600 and direct staff to return with the appropriate budget amendment resolution reflecting these changes at mid-year; direct staff to return with the applicable amendments to the Personnel Policies and Procedures, reflecting the recommended changes; and amend the Position Classification and Compensation Plan, as recommended. P. Siemens seconded the motion. The motion passed 5 to 0. C. Agenda Item No. 3-Agreement with Santa Clara County Fire Department to Conduct a Prescribed Burn on the Rancho de Guadalupe Area of Sierra Azul Open Space Preserve: Determine that the Recommended Actions as Set Out in this Report are Categorically Exempt Under the California Environmental Qualiv Act CE A • Authorize the General Manager h h P rmi o to Execute the Attached Permit t ( Q )• Enter for the Purpose of Allowing the Santa Clara County Fire Department to Conduct a Controlled Burn, for Training Purposes, on the Rancho de Guadalupe Area of Sierra Azul Open Space Preserve—(Report R-03-45� G. Baillie presented the staff report and showed the nine-acre area designated for the burn. He introduced Capt. Dave Stokes from Santa Clara County Fire. He said the area is approximately the same size as the area burned four years ago. i Meeting 03-10 Page 4 Capt. Stokes thanked the Board for considering the bum. He said the prescribed fire is an important part of the ecosystem. He said the District could enter into discussions with Santa Clara County Fire and the California Department of Forestry about a prescribed bum near Lexington as a fuel management technique. Motion: P. Siemens moved that the Board determine that the recommended actions as set out in the staff report are categorically exempt under the California Environmental Quality Act(CEQA); and authorize the General Manager to execute the Permit to Enter for the purpose of allowing the Santa Clara County Fire Department to conduct a controlled burn, for training purposes on the Rancho de Guadalupe area of Sierra Azul Open Space Preserve. D. Little seconded the motion. The motion passed 5 to 0. N. Hanko asked that M. Davey be notified about the bum. VM. INFORMATIONAL REPORTS D. Little: 1. He had hiked Russian Ridge last weekend and said the wildflowers were gorgeous. He commented that he saw more wildflowers a couple of years ago after the bum. He was not seeing as much star thistle and hoped it was because of the imported beetles. 2. He said the Bella Vista trail is still wide, and he would like to see some hand work done there. L. Hassett said that when he drove by the Russian Ridge parking area over the weekend, the parking lot was packed and cars were parked all along Alpine Road and on Skyline Blvd. J. Cyr attended the Friends of Stevens Creek I 0-year celebration on May 3. He talked to Sally Lieber and Liz Kniss who were also in attendance. P. Siemens had visited with Mr. Pastorino on the coast. He talked about his visit to his favorite park in Monterey County. N. Hanko: 1. She reported on the retirement party for John Johnigan. 2. She said M. Smith had composed the resolution to be presented at the next meeting to Don Weden. His retirement party is June 11. 3. Regarding Stanford zoning, she has been working with Palo Alto council members and staff, and Liz Kniss. The matter will come before the Board of Supervisors on June 3. She talked about the need for preservation of the view shed from the comer of Foothill Expressway and Page Mill Road. Liz Kniss's staff will be working on language changes to the ordinance to provide for stronger protection. C. Britton: 1. The FYIs included a map of the .23 acres at Thomwood acquired under his signature as requested by Board Member K. Nitz. 2. The train roundhouse proposed for Rancho County Park seems to be a dead issue now. 3. He had copies of the Sunset s Meeting 03-10 Page 5 magazine containing an article on hikes that included 27 on District preserves. 4. He updated the Board on the State budget. The May revise came out today. 5. Staff members attended a POST tour on the coast. There will be one more on May 20. 6. There are two events Sunday- The Avenidas celebration at which N. Hanko will be honored and the Bay Area Ridge Trail Council 15a`anniversary hike at Skyline Ridge. 7. He talked about a recent claim against the District that he had denied as allowed by a Board policy. J. Escobar summarized the letter in the FYIs from the Regional Water Quality Control Board on the El Corte de Madera project. There will be a trail count and survey conducted on June 5 and June 7. Staff has started working on a brochure. Staff has applied for a grant together with San Mateo County. S. Thielfoldt: 1. Agencies are supposed to be able to collect costs incurred due to state mandates, such as the Brown Act. L. Zadek recently completed the application for reimbursement of approximately $18,000 for the past five years. 2. She provided an update on supervisory training. N. Hanko thanked S. Schectman and C. Woodbury for preparation of the response to the Grand Jury. IX. ADJOURNMENT At 8:20 p.m., the meeting was adjourned. Roberta Wolfe Recording Secretary � ^ ' w Claims No. O3-O Meeting 03-10 Data 05/14/03 Revised Midpeninsula Regional Open Space District # Amount Name Description 5709 $26.438J7 2WAssuuiateo Coastal Annexation Consultant Study 5710 $508.26 Acme&Sons Sanitation Sanitation Services | 5711 $151.13 AVTSeuunty Snm|maa Burglar Alarm Service � 5712 $1.434.00 Allied Auto Works Vehicle Service and Repairs 5713 $52725 Arbio Glove&Safety Product Field Supplies 5714 %19.67 AT&T Telephone Service 5715 $301.48 xT&TWireless Cellular Phone Service 5716 $50.20 Bailey's Field Equipment 5717 $22A9 Baron Welding&Iron Works,Inc. Hand Tool 5718 $142.13 Broughton,Obadiah Tuition Reimbursement'Emergency Response 5719 $8118 Cal-Line Equipment,Inc, Vehicle Repair 5720 $94.59 California Water Service Company Water Service 5721 $401.00 Camino Medical Group Medical Services 5722 $1777 Carter Industries Field Supplies 5723 $124,30 Cascade Fire Equipment Company Field Supplies 5724 $255.63 Cuntco Supplies 5725 %507.20 CQF|ndusuins.}nc. Volunteer Supplies 5726 $2.355.53 Cmsmu Equipment Rentals Equipment Rental 5727 $262.22 Cupertino Bike Shop Bicycle Supplies 5728 $4%00 Curia|eoexaversovHirschfeld Legal Service 5729 $130.00 Decatur Electronics,Inc. Radar Certification 5730 $85.00 Del Rey Building Maintenance Light Repairs'Admin.Office 5731 %09.00 #1 Dinme/nGounno, Local Business Meeting 5732 $65.62 Document Systems Office Supplies 5733 $6.588.31 Employment Development Dept. Unemployment Insurance'First Quaner2UO3 5734 $39.20 Expano(s Telephone System MoinL&Lease 5735 $3.08526 FirstBonkoand 175975-Tryining&Con[Exp. 79.96'|noomotGmnxcem 4U3.O1'Fia(d Equip.Su &Vihu Exp, , V34.15'gpeda|Events Expenses 481.02'OffineOupplien 13lV7'Loca|Business Meeting 5736 $28.735�09 Folsom Lake Ford Vehicle Purchase'Ford F561 5737 $509.11 Forestry Supplies,Inc. Field Supplies 5738 @8j0 Foster Brothers Key Duplications 5739 $57.24 Freeman,Matt Rmimbursemont-M000ge 5740 $630.30 Fr/oBnctmnics Computer Supplies 5741 $87.30 G&KService Shop Towel Service � 5742 $657.88 Gandan|anU Power Equipment Field Supplies 8Equipment � � 5743 $660J3 Gondou Press Inc. Warning Notice Booklets,Letterhead&Envelopes � 5744 $180.34 Granite Rock Company Base Rock'Skyline Ridge Trail � � 5745 $460.00 Green Waste Recovery,Inc. Garbage Services � � 5746 $925.23 Jos.J.Albanese, Inc. Demolition-Handball Court'St.Joseph � � 5747 $53.23 K]nko's Printing Services � 5748 $503,21 Lab Safety Supply Field Supplies � Page Im3 � � ��� � t Claims No. 03-09 Meeting 03-10 Date 05/14/03 Revised Midpeninsula Regional Open Space District # Amount Name Description 5749 $1,300.00 Law Enforcement Psych.Services Psychological Assessment-Recruitment 5750 $2,289.00 Macias,Gini&Company Auditor Services 5751 $45.65 MCI Long Distance Telephone Service 5752 $118.57 MegaPath Networks Internet Connection-DSL Line SFO 5753 $918.93 MetroMobile Communications Radio Repairs&Maintenance 5754 $97.00 Miller,Ken Reimbursement-EMT Training 5755 $5.67 Noble Tractor,Inc. Tractor Supplies 5756 $3,888.60 North American Title Company Title&Escrow-Thompson Property 5757 $138.28 Orchard Supply Hardware Field Equipment&Supplies 5758 $89.95 Pacific Bell Telephone Service 5759 $743.00 Pitney Bowes,Inc. Annual Postage Maintenance Fee 5760 $23.45 Prodigy Communications Corp. Internet Connection-FFO-Last Payment 5761 $16.14 Rancho Cobbler&Cleaners Boot Repair 5762 $13.86 Rancho Hardware&Garden Shop Field Supplies 5763 $822.51 Redwood General Tire Co.,Inc. Tire Repair&Tires 5764 $60.18 Reed&Graham,Inc. Rice Straw Bales for Trail Reroute-Rancho San Antonio 5765 $150.00 Rich Voss Trucking, Inc. Base Rock Delivery Charges 5766 $1,554.83 Roy's Repair Service Vehicle Repairs&Service 5767 $433.29 San Jose Water Company Water Service 5768 $810.00 #2 Santa Clara County Building Dept. FFO Shop Facility-Permit 5769 $440.00 Santa Clara County-Office of Sheriff Fingerprinting 5770 $353.55 Shell Credit Card Center Fuel 5771 $187.92 Stevens Creek Quarry,Inc. Base Rock 5772 $840.02 Summit Uniforms Uniform Expense 5773 $446.69 Tadco Supply Janitorial Supplies 5774 $56.58 Tony&Albas Pizza Local Business Meeting Expense 5775 $87.76 Turf&Industrial Equipment Co. Vehicle Supplies 5776 $62.94 United Parcel Service Parcel Shipping 5777 $81.57 United Rentals Northwest, Inc. Equipment Rental 5778 $600.00 West Valley-Mission College Registration Fee-4WD Training 5779 $225.00 Woodside&Portola Private Patrol Patrol Services-Windy Hill 5780 R $251.37 ADT Security Services Burglar Alarm Service 5781 R $500.00 American Tower Corporation Radio Repeater-Coyote Peak 5782 R $122.49 Browning-Ferris Industries Refuse Services 5783 R $345.33 Bruce Barton Pump Service,Inc. Water System Repair-Sherrill Property 5784 R $200.00 Clark Pest Control Pest Control 5785 R $409.03 Foster Brothers Keys&Locks 5766 R $349.54 Goodco Press Inc. Printing Services-Business Cards 5787 R $591.61 Harari-Kremer,Ruthie Reimbursement-Training 5788 R $1,485.63 Home Depot,Inc. Field Supplies&Equipment 5789 R $77.55 Indoff Incorporated Cafeteria Furniture 5790 R $940.25 Los Altos Garbage Co. Refuse Services 5791 R $65,188.35 Maita Chevrolet Two Chevrolet Trucks 5792 R $110.00 Manager's Edge Annual Subscription Page 2 of 3 " � a Claims No. 03-09 Meeting 03-10 Date 05/14/03 Revised Midpeninsula Regional Open Space District � # Amount Name Description 5793R $50.00 Miller,Ken Reimbursement-EMT Certificate Fee 579*R $142.23 Northern Energy,Inc. Propane Service&Tank Rental 5795R $1.310.95 Office Depot Office Supplies 5786R $3.570.00 Old Republic Title Company Title Services 5797R $34.16 Orland!Trailer Trailer Accessories 5798R %139.06 Pacific Bell Telephone Service 5798R $568-57 PunkuAmhi*ects Architectural Service'FRO Shop Facility 5800R $273.68 Petty Cash Conference&Training Expense,Office&Field Supplies, Vehicle Mileage Reimbursement,Volunteer Supplies, � Out o[Town&Local Bus.Meeting Expense � 5801R Q3.36 PhutoTmo Slides 5802R $145.40 Recreational Equipment,Inc. Uniform 5003R $81.35 Rice Trucking-Soil Farm Delivery Services 5804R $19123 Second Cup Cao6 Local Business Meeting 5805 R $1.770.00 Soever.Richard DgA Rural Pig Mgmnt Pig Control Services 5806R $51.34 Vehzon Pager Service 5807R $172.16 West Coast Aggregates,Inc. Base Rock for Pu|Qon Trail Repair 5808R $300.00 Wolfe,Roberta Recording Services 5808R $87.38 Xpedim System,Inc. Fax Broadcast Systems Services Total $174.811.83 #1 Urgent Check Issued 4/2803 #2 Urgent Check Issued*/2903 � | � � Page amz . � Regional Open ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-03-60 Meeting 03-14 June 25, 2003 AGENDA ITEM 1 AGENDA ITEM Authorization to Execute a Contract with Shelterbelt Build Inc., Consulting Services to Develop an Invasive Plant Management Program GENERAL MANAGER'S RECOMMEND 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act(CEQA),as set out in this report. 2. Authorize the General Manager to execute a contract with Shelterbelt Builders Inc., in an amount not to exceed$30,000 to develop an invasive plant management program including research of existing conditions, outline of relevant alternative control methods,and recommendations of overall long term strategy to meet the District's mission within available budget and labor resources. BACKGROUND During review of the Resource Management Strategic Plan and development of the 2002-2003 budget,the Board directed staff to consider hiring a consultant to speed up the assessment of invasive plants on District preserves. The Resource Management Strategic Plan includes the following task for Year 1 (2003-2004): Hire a consultant to identify emerging resource management problems and opportunities(invasive plants, diseases, and endangered species) and develop a priority list for action. The Planning Department 2003-2004 budget includes$30,000 to hire a qualified consultant for this work. DISCUSSION The project will guide the District in developing an informed and targeted approach of controlling invasive plants on a subregional scale. Over the long term,controlling invasive plants should protect and improve habitat for native plant and animal species on District preserves. It should also benefit adjacent private and public landowners by reducing the potential for spread of invasive plants. The project will include: Development of a revised list of invasive plants on District preserves; field surveys of newly acquired properties for invasive plants;recommendations on control methods; recommendations on maintaining a long-term program to manage invasive plants, including a rapid response strategy; and research on the effects of invasive plants and their control on native wildlife species. Staff requested qualifications and proposals from various biological firms for development of an invasive plant control program. On May 28, 2003,eleven(11) interested firms or individual consultants attended a required pre- proposal meeting. Five proposals were submitted to the District by the required date of June 9, 2003: 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 OF PEES' 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-03-60 Page 2 Firm Proposed Fee Albion Environmental Inc. $29,937 Central Coast Wilds $36,856 Rana Creek $29,904 Shelterbelt Builders $30,000- $331750 Sycamore Associates, Daar/IPM Consulting Group $46,200 Of the proposals submitted, staff determined that Shelterbelt Builders was best suited to provide the requested consulting services due to their experience with similar projects, qualifications of staff, strategy to complete the project, and proposed budget. Shelterbelt staff has extensive experience controlling invasive plants in central California,and has worked with public agencies and volunteers. Their proposal emphasized surveying with experienced field botanists,and described a recently completed project on San Bruno Mountain that included mapping and setting priorities for control of numerous species of invasive plants over a large area. References for Shelterbelt Builders stated that the firm is responsible,knowledgeable in this field, and has good practical experience. The tasks to be performed under this contract include: Develop criteria for designating a plant species as invasive on District preserves; update the current list of invasive plants found on District preserves and those that are likely to occur in the future; conduct field surveys at additional locations and for additional species than previously surveyed; advise District on how to revise and maintain a weed database; provide recommendations for control of up to 20 invasive plants; develop a specific strategy for responding quickly to newly identified locations of invasive plants; advise the District on how to implement an ongoing invasive plant control program; make recommendations regarding public outreach; and provide information on effects on native wildlife from invasive plants and their control. The consultant also will provide an educational workshop to the District's Board of Directors at a public meeting regarding the program. Staff recommends that the District enter into a contract with Shelterbelt Builders to provide the aforementioned services. The development of an invasive plant management program is a key project in the Planning and Operations Departments' Action Plans, and the proposed fiscal year 2003-2004 Planning Department budget includes$30,000 for this project. Staff will negotiate an agreement with Shelterbelt within the$30,000 budget. The anticipated timeline is completion of tasks by March 31, 2004. Because this contract does not allow surveys to be completed in the critical spring period in this budget year,it is likely that a second phase of the project with Shelterbelt Builders will be proposed in next year's budget. CEQA COMPLIANCE This project consists of surveying and providing recommendations on alternative methods for conducting ongoing maintenance activities on District open space preserves with regard to invasive plant species. The District concludes that this project is exempt from CEQA under sections 15301 and 15306 of the California Environmental Quality Act(CEQA)Guidelines. Section 15301 provides for maintenance of landscaping and existing native growth(excluding the use of pesticides)involving negligible or no expansion of existing use. Section 15306 exempts actions associated with information collection and resource evaluation activities that do not result in a serious or major disturbance to environmental resources. If recommendations of this contract propose an expansion of the existing use of pesticides,or if the program involves implementing other activities that would not fall within these categories of CEQA exemptions,the new program would need to be subsequently reviewed under CEQA prior to its adoption. Prepared by: Cindy Roessler,Resource Management Specialist Contact Person: Same as above Regional Open f ice R-03-58 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 03-14 June 25, 2003 AGENDA ITEM 2 AGENDA ITEM Approval of Categorical Exemption for Revised Project an uthorization to Solicit Bids to Construct the Federal Emergency Management Agency( EMA)-Funded Grabtown Gulch Trail Repairs at Purisima Creek Redwoods Open Space Prese e GENERAL MANAGER'S RECOMME 1. Approve a Categorical Exemption in accordance with the California Environme tal Quality Act(CEQA), and adopt the CEQA Findings as set out in this report. 2. Authorize staff to solicit bids to construct the FEMA-funded Grabtown Gulch Trail repairs at Purisima Creek Redwoods Open Space Preserve. BACKGROUND The 1998 "El Nino"winter storms resulted in several creek bank erosion problems at Purisima Creek Redwoods Open Space Preserve, including damage to a bridge crossing that connected Grabtown Gulch Trail to Purisima Creek Trail. The southern abutment of the old bridge, which crossed Purisima Creek, was washed out during these storms due to high flows that eroded the bank and caused the bridge to fall into the creek channel. Grabtown Gulch Trail has since been closed to public use and the remnant bridge removed from the creek and placed just off Purisima Creek Trail. Subsequently, in March 1999, the District Board of Directors approved a Use and Management Plan amendment to realign Grabtown Gulch Trail to re-establish a popular recreational loop that connects Grabtown Gulch Trail to Purisima Creek Trail (see Report R-99- 59). DISCUSSION Since approval of the Use and Management Plan amendment, staff has been working with a team of consultants to prepare a full analysis of the needed repairs for the project. During the initial engineering process, staff determined the need for a new small bridge crossing to span the Grabtown Gulch drainage, which is a small tributary to Purisima Creek. The proposed new bridge is designed for pedestrian, equestrian, and bicycle use. Currently, construction documents are under preparation. Staff expects to apply for permits and solicit bids for this project in the upcoming month and intends to complete the repair work by the end of October 2003. FEMA grants totaling $29,685 were awarded to the District for the repairs. Project expenses to date total approximately$36,000. The fiscal year 2003-2004 Capital Improvement budget is $141,000 for completion of the bridge design and project construction. Based upon preliminary cost estimates prepared by the project engineers, staff estimates that the allocated budget will be sufficient to fund the repairs. Assuming the Board authorizes staff to solicit bids at this time, 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 ® ' Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz • Genera!Manager:L.Craig Britton R-03-58 Page 2 actual project costs will be presented for your approval when staff returns for authorization to enter into contract with the recommended successful bidder. CEQA COMPLIANCE In March 1999, the District Board of Directors complied with the California Environmental Quality Act (CEQA) by certifying a categorical exemption for an earlier version of the project when you approved a Use and Management amendment to realign Grabtown Gulch Trail (see Report R-99-37). Since 1999, the project description has slightly changed with the inclusion of a new bridge crossing rather than an in-stream crossing and modification of the trail realignment that now links Grabtown Gulch Trail directly to Purisima Creek Trail. Also, staff has received and reviewed new additional information related to the project. Given the changes to the project description and new information, District staff believes it is necessary to revisit CEQA in anticipation of the Board of Director's upcoming action for award of contract to install the new bridge, thus explaining the need for the following CEQA discussion: Project Description The project consists of a 1,000-foot trail realignment that incorporates portions of an old logging skid trail, restoration of a 420-foot trail segment to be abandoned, installation of a new 6-foot wide, 46-foot long recreational bridge, and disposition of a remnant flatcar bridge. The project incorporates numerous District protocols and construction guidelines to minimize disturbance to the natural forested environment(for a detailed project description, refer to Exhibit A, which is available at the District's office). CEQA Determination It is concluded,based on the complete project description and the available information, that the project is categorically exempt under CEQA Sections 15301 (Class 1), 15303 (Class 3) and 15304 (Class 4). Section 15301 exempts the operation, repair, maintenance, or minor alteration of existing public structures involving negligible or no expansion of use including the demolition and removal of individual small accessory structures. The project includes hauling off a damaged flatcar bridge that is no longer in use and is thus considered removal of an individual, small recreational accessory structure that will not affect current trail use levels. Section 15303 exempts the construction and location of a limited number of structures and small facilities. The project includes the installation of a new 6-foot wide bridge crossing to reestablish the connection between two popular trails. The non-vehicular bridge is considered a minor accessory recreational structure to existing District facilities. Section 15304 exempts minor public alterations in the condition of land or vegetation,which do P p not involve removal of healthy, mature, scenic trees. The proposed project includes the construction of a small new trail segment, approximately four to six feet in width and is therefore considered a minor alteration(grading) of the land. The project will not remove healthy, mature, scenic trees and no grading will occur in waterways, wetlands, or designated scenic areas. R-03-58 Page 3 Lastly, the project includes the restoration of a short segment of trail to be abandoned. The restoration and re-seeding is also considered a minor alteration of the land and will improve existing site conditions by restoring native vegetation to the abandoned trail. All project information, including written correspondence between FEMA and the United States Fish and Wildlife Service support the conclusion that the project in its entirety will not have an adverse impact on an environmental resource of critical concern. Moreover, the project description includes District protocols and construction guidelines, which themselves will serve to minimize any potential disruption to the surrounding environment. PUBLIC NOTIFICATION A copy of the agenda was sent to all interested persons and adjacent neighbors located within 300 feet of the boundary of Purisima Creek Redwoods Open Space Preserve. Prepared by: Ana Ruiz, Open Space Planner Contact Person: Same as above EXHIBIT A Detailed Project Description The project area is located in the heart of the 3,000-acre Purisima Creek Redwoods Open Space Preserve, in the vicinity of lower Grabtown Gulch Trail and Purisima Creek(refer to Figure 1). The preserve offers approximately 23 miles of trails that are open to low-intensity recreational use including hiking, bicycling, and horseback riding. No buildings or habitable structures are located in the project area. The project includes a new trail realignment of the lower stretch of Grabtown Gulch Trail and a new bridge crossing spanning the Grabtown Gulch drainage, a perennial drainage that flows into Purisima Creek located approximately 450 feet downslope from the proposed crossing. The project area lies on the northwest-facing slope of the coastal Santa Cruz Mountain Range, in a steeply incised redwood forest canyon. Annual rainfall can be heavy within the project area. Average side slopes range from 30 to 50 percent. The bridge crossing and new trail are located at an approximate 800-foot elevation. Please refer to Figures 2, 3 and 4,which visually depict the existing conditions of the project area. 1,000 foot Trail Realignment The new four to six-foot wide multi-use recreational trail will be located approximately 200 vertical feet above and south of Purisima Creek Trail. The proposed realignment will reuse a portion of a remnant logging trail (skid trail)to the maximum extent feasible and follow slope contours at average grades between five and ten percent,per District guidelines. The new trail alignment has been routed to minimize the need for tree removal; removal of trees within this corridor will be limited to specimens of less than eight inches in diameter. The trail surface will consist of native soil. The trail bed will be constructed with a section of partial cut and fill. At greater than 40 percent side slopes,the trail bed will be located on a full cut bench. Following one wet season,the trail will be open to hiking,bicycling, and equestrian use and occasional use by District staff for patrol and maintenance purposes. The trail will be constructed using the District's small excavator,which has been used successfully on other District property. During excavation, soil will be utilized to the fullest extent practicable for backfilling and developing trail tread. Surplus soil and forest duff not used in trail tread construction will be hauled off the trail. New Non-Vehicular Bridge Crossing and Disposition of Remnant Flatcar Bridge The location of the bridge crossing that will span the Grabtown Gulch drainage has been selected to avoid disturbances to the streambed and creek bank. The new 6-foot wide,46-foot long bridge will be made of fiberglass composite and supported on 18 to 24 inches wide shallow foundations placed three feet below existing grade. Excavation work for the bridge footings will take place outside the drainage channel. Due to the lightweight nature of the bridge structure and the size and weight of the footings,no large, heavy equipment will be needed to install the new bridge. The project includes hauling the remnant flatcar bridge out of the preserve and disposing or salvaging the bridge as appropriate. The remnant bridge will need to be separated in several sections to haul out of the preserve using trucks that can easily maneuver along the unpaved Purisima Creek Trail. Abandoning and Restoring 420 foot Trail Segment The abandoned 420-foot segment of Grabtown Gulch Trail will be restored by de-compacting and covering the trail surface with mulch and locally native seed. Also, where possible,plants removed during trail construction will be re-planted along the abandoned trail segment. In total, the project requires approximately 4,000 square feet(0.9-acre)of grading to complete the repairs and bridge installation. Project construction will occur over an approximate two-month period during the late summer and early fall dry season. A-1 i FIGURE 1 Purisima Creek Redwoods Open Space Preserve r•: • ay Remnant bridge to '•,' be removed �C c _ Trail to be closed 4��,� '•. - and restored / �j�`•.• New trail �_ realignment 1000...,,_ o.., 1.0 Ass/ 1.4 1600 Location of new trail bridge G f G�� oty 0.0 .1 .2 .3 A 0.s Mile ANY � r x 4 51 Figure 2. Location of previous Purisima Creek bridge crossing looking towards Purisima Creek Trail from the lower segment of Grabtown Gulch Trail. A vehicular bridge fell into the Purisima Creek channel during the severe 1997-1998"El Nifio"winter storms due to high flows and channel erosion. The bridge was pulled out of the channel following the collapse;the remnant bridge is currently sitting off Purisima Creek Trail and can be seen in the far left corner of the picture. The remnant bridge will be removed from the preserve as part of the repair project. A-2 a $ �� ^�'s P •--•-' � - <.++'J+rR' ,�-� ' ..e,J ill 1�,.. ` XX I<^r'�' s`l .ate �;d. "i..n .rl �• p o . m � Figure 3. Location of the proposed new 6-foot wide bridge crossing off Grabtown Gulch Trail;view looking southward and upslope along Grabtown Gulch Trail. The new bridge crossing on Grabtown Gulch will be needed to reestablish a connection between Grabtown Gulch Trail and Purisima Creek Trail. t� a a v.9 Figure 4. View of remnant logging road(skid trail),which will be used as part of the Grabtown Gulch Trail realignment. Picture is taken looking north. The new trail realignment will span under forest canopy similar to what is seen in the picture. Average side slopes are approximately 45 percent. FEMA Requirements A-3 Since Federal Emergency Management Agency(FEMA) grants were awarded to the District,FEMA was required to conduct an environmental review of the project to comply with the National Environmental Policy Act(NEPA). During this review,FEMA determined that there would be no direct or indirect impacts to the Calfornia red-legged frog or direct impacts to the marbled murrelet,two species that are federally listed as threatened. FEMA did identify the potential for indirect impacts to the marbled murrelet during construction and has required the District to employ the following specific actions as part of the project to minimize or avoid any potential indirect impacts to marbled murrelets; the District has therefore adopted these recommended actions and incorporated them as part of the project scope of work: No noise-producing or trail work activities would occur during the main portion of the marbled murrelet breeding season(March 24 through August 15) Any noise-producing or trail work activities occurring toward the end of the breeding season(August 15 through September 15)would be limited to 8:30 a.m. to 5:30 p.m. to avoid the time period when adult marbled murrelet would most likely travel through the preserve. All garbage, candy wrappers, or other food-related refuse would be contained in animal-proof garbage containers and removed at the end of the work day to prevent attraction of potential murrelet nest predators such as the common raven(Corvus corax). Construction workers would be instructed not to feed wildlife. FEMA, as part of the NEPA process, consulted with the U.S. Fish and Wildlife Service(USFWS) pursuant to Section 7(a)of the Endangered Species Act. The USFWS reviewed the project in September 2001, including FEMA's aforementioned project requirements and submitted a letter to FEMA dated October 17, 2001 stating that: The letter and supporting documents [provided by FEMA] contain the biological information sufficient for the Service to concur that the proposed action is not likely to adversely affect the California red-legged frog and the marbled murrelet and that it will not adversely modify or destroy critical habitat.' District Protocols and Construction Guidelines The following District protocols and construction guidelines are considered part of the project description since all project-related work will adhere to these guidelines and procedures to minimize total disturbance and protect the quality of the environment: Schedule the project during the dry season to prevent erosion due to surface runoff during the construction phase. Install stormwater management measures before the start of construction and maintain them throughout the duration of construction activities. 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 adjacent trees prior to initiating construction activities. Maintain trail grades of 10% or less along any portion to be repaired or constructed. Outslope the trail tread at 3%to divert surface water from trails,where feasible without the removal of large trees. 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. Minimize fugitive dust where necessary during earthmoving activities by watering down the disturbed soils. A-4 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 in a designated area that is located away from stream channel areas. Use temporary barrier measures 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 be removed after the completion of construction. Cover,restore,or stabilize disturbed soil areas as soon as practical after construction,but prior to October 15, including seeding of graded areas using locally native seed and/or planting numerous locally native plants. Re-seeding and/or planting should be implemented during the early fail to ensure successful growth. Minimally disturb the surrounding environment and do not disturb wildlife. Maintain the project area closed to public use for public safety until after the project is fully completed. New trails shall be open only to hiking use to allow the trail tread to stabilize through one wet season before allowing any approved other uses on the trail. ` Correspondence from U.S.Fish and Wildlife Service to the Federal Emergency Management Agency regarding: Request for"Tier 1"Concurrence with a Not Likely to Adversely Affect Determination for the Proposed Midpeninsula Regional Open Space District,Purisima Creek Trail and Bridge Project,dated October 17,2001. A-5 FROM : TIM&KATY/10RDAN CONSTRW* FAX NO. : 650-951-7820 25 2003 05:53PM P1 June 25,200.1 TO: Midpeninsula,Regional Open Space District, Attn.Ana Ruiz FRom: Katy Jordan, 156 Madrone Trail,Woodside,650-851-4684 RE, FEMA funded orabtown Gulch Trail Repairs and Public Notice Dear Open Spice Board, I am a resident of King's Mountain,and I live within two miles of the Purisima Open Space where the proposed trail repairs would take place. When I received the notice of the public meeting,I was struck by the irony that FEMA funds were to be used for the restoration of purely recreational trails in an area whose school district,the Cabrillo Unified School District,is facing a crisis in funding. I spoke today to Ms.Ruiz,telling her my feelings and interest in this topic,and my disappointment that I am unable to attend this public meeting tonight. She suggested I fax my opinions to you. - the Kings Cabrillo Unified School District encompasses the, Mountain Elementary School,as well as several other elementary schools on the ccy&%L,Cunha Intermediate School and Half moon Bay High School,both in Half Moon Bay. The District,through the support of FOCUS(Friends of Cabrillo Unified Schools)has tried on the last two elections to pass a parcel tax to help mend the drastic budget cuts imposed on the district in the past two years. I have worked with FOCUS,as well as the Half Moon Bay High School Parent Action Committee and the Kings Mountain Ed Fund members in trying to pass these parcel tax measures. Each time,the parcel tax has failed by about 1%of the votes. That's right ONE percent. The POST owns and governs large tracts of land within the CUSD. These lands are either exempt from the erne rate of property tax that residents pay,or excused all together. It is the very nature of the open space, coastal space,and agricultural Space that makes this area so attractive AND makes the tax base so low for the schools. The CUSD is a tax revenue based district,not a basic aid district as other"wealthier"districts. CUSD is the LOWEST funded,per student,school district in all of San Mateo County. When I see a proposal which is for at least$15,000 to repair trails which are used on weekends by people who come from"over the hill"as we say,it strikes a deep cord of discontent in me and the others working to ay to raise funds for the schools in this community. Kings Mountain.School may loose one of its three teachers for the 03-04 school year due to budget cuts. The high school has had to drop down to two counselors for over 1100 students. Those who vote against the parcel tax(it takes a 23 vote to pass)are generally seniors(,though they may file for an exemption),large parcel owners{though only improved parcels would be taxed),or those opposed to growth on the coast(because they think that improving the schools will cause an influx of new residents in the area). of the If the POST wants to truly be a member of this community,it needs to keep in mind the need.a residents in the community,and not just those who like to come here and use our environment for casual recreation. POST needs to give back to the community,since it is taking away tax revenue by the mere act of saving large tracts of open space. If you would like to speak to the leaders of the rv),n-profits who are trying desperately to bring much needed funds into the schools,you can call Holly Winnen,President of the Kings Mountain Ed Fund at 650-851- 7153,or Mary Jones,President of the Half Moon Bay High school Parent Action Committee at 650-729-7025. Both of these organizations are completely volunteer run and are non-profit organizations. I understand that you applied for these FEMA funds at a time when the monies were flowing,and if not used they will be lost However,at a time when the residents of the very community that your large parcels exist in are struggling to find ways to keep the elementary class size aligned with the governor's dictate of under 20 students for K-1,and to keep athletic programs available to all children,regardless of inccxne,and many other programs,it seems almost obscene for these improvements to be made under the notion of"Federal Emergency" have per student funding aid. There is a federal and state emergency right now,and as long as the CUSD schools j,v r udent below the rest Of the county,below the state average,it seems that POST could took towards some type Of relationship of philanthropy with the future of this world,which is its children. I will be contacting Craig Britton,your General Manager,and others to further this conversation. I am a member of Board of the Half Moon Bay High School Parent Action Committee,whom sole responsibility is to raise funds for HMBH5 for the betterment Of all studenvk. These funds range from college scholarships(some stud'ents can,t afford to attend jr. College)to teacher training to text book's to sports equipment. There is a great need for support of organizations like YOurs to give back to the community- I hope that you reexamine the scope Of Your project,your expenses,and look toward helping to put money into your community schools. Thank you. Regional Open ice ------------------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-03-56 Meeting 03-14 June 25, 2003 AGENDA ITEM 3 AGENDA ITEM Proposed Lease and Management Agreement with Peninsula Ope ce Trust for the Former One-Half Interest Hunt Property Located Adjacent to Bear Creek Redwo s Open pace Preserve(Santa Clara County Assessor's Parcel Number 544-35-009) GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act(CEQA) as set out in this report. 2. Authorize the General Manager to sign the Lease and Management Agreement with Peninsula Open Space Trust and, subject to approval by the General Manager and General Counsel,to approve minor revisions to this agreement which do not substantially change any material terms of the agreement. 3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report. DISCUSSION On March 12, 2003,you approved the purchase of the 74.3-acre Hunt property located near Lexington Reservoir and adjacent to the southeast corner of the District's Bear Creek Redwoods Open Space Preserve(see Report R-03-28). In a separate transaction, Peninsula Open Space Trust(POST)received a gift of a one-half interest in an adjacent parcel owned by the Hunts. The other undivided one-half- interest is privately owned. The attached Lease and Management Agreement is based on POST's desire that the District ultimately acquire POST's half-interest in the property. DESCRIPTION(see attached map) This undeveloped 0.62-acre parcel is located near Lexington Reservoir between Bear Creek Redwoods Open Space Preserve and Santa Clara County's Moody Gulch property. Situated directly above Moody Gulch Creek,the densely wooded and undisturbed property provides valuable wildlife habitat as well as pristine watershed. An unimproved road, linking the Moody Gulch property to the adjacent Open Space Preserve and trails on the former Hunt property, is located on the western edge of the property and may someday provide a desirable public trail route. Leasing this property from POST and assuming management responsibility is most important in terms of assisting with the protection of valuable wildlife habitat and watershed, and potentially providing trail connections between District and County lands. The property is generally triangular-shaped and bounded by District land to the west, a private parcel to the north and south, and Santa Clara County's Moody Gulch property to the east. Access is provided on an unimproved road that passes through the open space preserve to the north and south of the property and ultimately connects to Brush Road. Although the current property owners do not have recorded 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 �_ OFHEEST 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-03-56 Page 2 rights to use Brush Road and are not members of the private road association,the District's staff can access the property through the open space preserve as the District obtained access rights and became a road association member when acquiring the adjacent Hunt property. The property lies on the east-facing slope above Moody Gulch at an elevation of 1,500 feet. Perched on a natural terrace and being nearly level,the mixed evergreen forest is comprised largely of madrone and fir trees; remnants of orchard trees are also present. In addition to the unimproved access road that forms the west boundary,an overgrown road extends in the northwest direction near the cast boundary and passes through the adjacent private parcel. The roads connect to both the Moody Gulch property and the Open Space Preserve. There are no other improvements on the POST property. USE AND MANAGEMENT Planning Considerations POST holds an undivided one-half ownership interest in this property. Consultation with the remaining one-half interest private owner will be required for use and management planning. The property is located in an unincorporated area of Santa Clara County, and zoned HS(Hillside) requiring a 20 to 160-acre minimum lot size based upon a slope density formula. Although the lot is nonconforming in size for the HS zoning, it is a legal parcel and has a potential density of one residential site, subject to the rules and regulations of Santa Clara County. The property is rated in the District's Open Space Master Plan as having moderate composite open space values and is important in terms of protecting wildlife habitat,watershed, and providing potential low intensity recreational opportunities. The District's Regional Open Space Study shows a trail corridor in the vicinity of the property. Preliminary Use and Management Recommendations Under the terms of the Lease and Management Agreement,the property will be maintained in a natural condition and no changes to land use are anticipated. Any changes would require consultation and cooperation with the remaining one-half interest private property owner. If changes to land use are proposed in the future,the plan would be subject to further environmental review and public input. Public Access: Closed to public use at this time. Patrol: Routinely patrol the property. Signs: No signs will be installed at this time. Site Safety Inspection: Preliminary site safety inspection has been conducted and there are no known safety hazards on the site. CEQA COMPLIANCE Project Description 2 f R-03-56 Page 3 The project consists of the lease and property management of a one-half interest in a 0.62-acres property adjacent Bear Creek Redwoods Open Space Preserve and the concurrent adoption of a Preliminary Use and Management Plan for the property. While under POST's ownership the District will manage the property under the terms of the management agreement which keeps the land in a natural condition, and closed to the public. CAA 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 Article 19, Sections 15301 and 15061 of the CEQA Guidelines as follows: Section 15301 exempts operation,repair,maintenance,permitting, leasing licensing, or minor alteration of existing public or private structures, facilities,mechanical equipment,or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The Use and Management Plan specifies the property will be operated and maintained in a natural condition and there will be no expansion of use;the property will be closed to the public. The actions proposed in the Preliminary Use and Management Plan are also exempt under Section 15061, as there is no possibility the actions may have a significant effect on the environment. PUBLIC NOTIFICATION The co-owners of the subject property and property owners of land located adjacent to or surrounding the subject property have been mailed written notices of this proposed Lease and Management Agreement. Prepared by: Thomas W. Fischer, Land Protection Specialist Map prepared by: Mike Howard,Planning Technician Contact Person: Thomas W. Fischer,Land Protection Specialist i Attachments: Lease and Management Agreement Regional Map 3 I POST (HUNT) 1/2 - INTEREST PARCEL BEAR CREEK REDWOODS OPEN SPACE PRESERVE Bm ou • , 01 \ •0 �iFF%. SA18 ' eC06 •.12 �1 �t l 1 S 13011 j B "4r o ' ---POST (HUNT) Gift Parcel ono i G i H t Addit orr ' Q r Y. Miles r; 0 0.125 0.25 0.5 asoo r / ,...— REGIONAL MAP G:1projects%bear creek rodwoodslhuntlpost_hunt_halfint_parcel LEASE AND MANAGEMENT AGREEMENT THIS LEASE AND MANAGEMENT AGREEMENT("Lease"), dated for reference purposes as of , is between PENINSULA OPEN SPACE TRUST, a California non-profit public benefit corporation("POST"), and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant to Section 3 of Chapter 3 of Division 5 of the California Public Resources Code ("District"). RECITALS: A. POST is the one-half interest owner of a parcel of real property located in unincorporated Santa Clara County, California, generally known as the Hunt Partial Interest Property containing approximately sixty-two hundredths (.62) acres, and more particularly described in Exhibit"A", which is attached hereto. The Hunt Partial Interest Property is referred to herein as the "Property." B. As provided in the Lease, POST is willing to lease the Property to District, and District desires to lease the Property from POST upon the terms and conditions set forth below. C. Whereas, the Property is adjacent to District land and District desires to acquire the property in the future from POST. AGREEMENT: NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, POST and District(collectively,the "Parties") hereby agree as follows: 1. Lease. For and in consideration of the mutual covenants and agreements by the Parties contained in this Lease POST does hereby lease to District, and District does hereby lease from POST, all of the Property. 2. Property Leased AS IS. District hereby acknowledges and agrees that, for the purposes of this Lease (a) District has had an adequate opportunity to inspect, evaluate, investigate and test the Property including, without limitation, the physical, economic and legal condition thereof; and (b) POST has disclaimed the making of any representations or warranties regarding the Property other than those expressly set forth herein. Consequently, District specifically acknowledges and agrees that District hereby leases and accepts the Property in its existing"AS-IS" condition. 3. Lease Term. 3.1 Initial Lease Term. District shall have and hold the Property for a term commencing on the Effective Date and ending on the earlier of(A) the conveyance of fee title to the Property to District or to another public agency by POST; or(B) five (5) years from the Effective Date (the "Lease Term"). As used herein,the term "Effective Date" shall be the date this Lease is executed by both POST and District. Page 1 4 . Lease and Management Agreement 3.2 Renewal/Extension of Lease Term. District may, at least 60 days prior to the expiration date of the Lease Term, give POST written notice of its desire to renew this Lease. In that event, District and POST agree to meet and negotiate in good faith in an effort to reach mutual agreement upon the terms and conditions of such a lease renewal, including rent and the extended lease term. 3.3 Conveyance to District. The parties acknowledge that, during the Lease Term, it is POST's intention to convey fee title to the Property to District for use and operation as an open space preserve in perpetuity, upon such terms and conditions as are acceptable to POST. Accordingly, the Lease Term, or any renewal or extension thereof, shall terminate upon such conveyance. 4. Rent. District promises to pay rent("Rent") to POST, at the address of POST set forth in Section 15.5 below(or such other address as POST may designate to District in writing from time to time), in an amount equal to Ten Dollars ($10.00) annually. POST and District agree that this amount is reasonable in view of District's performance of its covenants and agreements contained herein and in the Lease (including, without limitation, those regarding indemnification, maintenance, operation and insurance of the Property) and the payment and performance by District of its obligations under the Lease. 5. POST's Representations, Warranties and Covenants: POST covenants, represents and warrants as follows: 5.1 Organization. POST is duly organized and validly existing under the laws of the State of California. 5.2 Requisite Action. All requisite corporate action has been taken by POST in connection with POST's execution of this Lease, and has been taken or will be taken in connection with the agreements, instruments or other documents to be executed by POST pursuant to this Lease and the consummation of the transactions contemplated hereby and thereby. 5.3 Title. To POST's knowledge, POST owns one-half interest fee simple title to the Property. POST has not executed any contract to sell the Property or any part thereof or granted an option to purchase the Property or any part thereof or granted a right of first refusal with respect to the Property or any part thereof. 6. Insurance; Indemnity; Notification. 6.1 District shall maintain and keep in force a policy of general commercial liability insurance with a carrier licensed to do business in California or an equivalent government pooled risk self insurance program, and reasonably acceptable to POST, insuring against claims for personal injury, death or property damage occurring in, on, or about the Property to afford protection to the limit of not less than Two Million Dollars ($2,000,000) aggregate limit with respect to bodily injury or death and to property damage. All such policies or program insurance shall name POST as an additional insured. Page 2 Lease and Management Agreement 6.2 Indemnification. District agrees to indemnify, defend, and save POST harmless from any liability, loss, cost, expense or claim of any nature resulting from any damage to person or property arising out of the negligent or intentional acts or omissions of the District in the exercise of any of its rights or obligations pursuant to this Lease. 6.3 Notification. POST and District agree to notify each other in writing within ten (10) days after POST or District, as the case may be, receives any written complaint or claim with respect to this Lease or the Property. The delivery of written notification shall include a copy of all pleadings if a complaint is filed, or of all correspondence and exhibits if a claim is not filed. 7. Legal Responsibility and Indemnification. During the life of this Lease, District shall have full legal responsibility for management, control and operation of the Property and the condition thereof and for all activities conducted thereon, and in this respect, except as otherwise set forth herein, District shall hold POST harmless from and defend POST against any and all claim or liability for injury or damage to any persons or property whatsoever occurring during the life of this Lease in, on, or about the Property arising out of any condition of the Property or of any act, neglect, fault or omission by the District with respect to District responsibilities as set out in this Lease. POST likewise agrees to indemnify, defend and hold harmless District and its agents, officers, officials, and employees against any and all claims or liability for injury or damage to persons or property arising out of or resulting from the negligent acts or fault of POST, or its agents, employees, officers, or servants, in connection with the Property. In the event of concurrent negligence, each party will bear responsibility for its acts in proportion to its fault under the doctrine of comparative negligence. 8. Real Property Taxes and Assessments. POST hereby promises to pay,prior to delinquency, all Impositions. For the purpose of this Lease, "Impositions" means all taxes, assessments, rates, charges, license fees, municipal liens, levies, excises or imposts, whether general or special, or ordinary or extraordinary, of every name, nature and kind whatsoever, if any, lawfully imposed by any governmental authority or entity(other than District), that may be levied, assessed, charged or imposed or may be or become a lien or charge upon the Property or any part thereof; or upon the Rent, or upon the income of POST. Impositions also include, but are not limited to, the payment of installments on any bonds or periodic charges imposed or required by any governmental authority or entity(other than District). POST acknowledges that it may be entitled to certain exemptions from real property taxes that otherwise would be imposed on the Property. POST will use its best efforts and file all necessary documents and applications to obtain such exemption. If POST's application for Property tax exemption is disapproved, and during the term of the Lease POST pays real property taxes assessed against the Property, District shall reimburse POST for such payment. 9. Use and Management of the Property. 9.1 Use. During the term of this Lease and any extension thereof, District agrees to use the Property for the purpose of open space preservation and to use the Property as part of the ecological, recreational and scenic resources of the mid-peninsula area, and for any other related legal use that is consistent with the purposes for which District was formed. Without limiting the generality of the foregoing, District shall specifically have the right to maintain any existing trails Page 3 Lease and Management Agreement and improvements incidental thereto on the Property for any purpose consistent with the purposes set forth in Article 3 of Chapter 3 of Division 5 of the California Public Resources Code. Notwithstanding anything herein to the contrary, District shall not, without POST's prior written consent(which consent may be granted or withheld in POST's discretion), make or permit to be made any physical alterations or changes to the Property other than as may be reasonably necessary for the purpose of preventing unauthorized access to the Property as is otherwise permitted by this Lease, or to comply with the terms of this Lease. 9.2 Mana eg; ment. District shall be responsible for management of the entire Property for that period of time from the date of execution of this Lease until District or another public agency acquires fee title ownership of the Property from POST. District may install gates, appropriate signing, and fencing as necessary in the sole opinion of District and may undertake such other steps as District deems necessary or appropriate for the proper and safe management of the Property. 9.3 Patrol. District will patrol and manage the Property in a manner consistent with adjacent District holdings, will make reasonable efforts to insure that the Property is kept in a safe and sanitary condition, and that deleterious or incompatible uses of the Property are prohibited. Should any trespass or other unauthorized use or activities occur upon the Property, District may exercise its authority to correct these matters including, where necessary, enforcing District regulations and ordinances on the Property. The Property shall be deemed to be property under the management and control of District for purposes of Public Resource Code Section 5558 and shall be deemed to be "District Lands" as defined in the District Ordinance No. 93-1. 9.4 Compliance with Laws. District shall comply with any and all federal, state, and local laws, statues, codes, ordinances, regulations, rules, orders, permits, licenses, approvals and requirements applicable to the use and occupancy of the Property by District and District shall not commit and shall not knowingly permit others to commit waste upon the Property. 9.5 Surrender of Property. Except as otherwise provided in this Lease,upon the expiration or earlier termination of the Lease Term, to the maximum extent the same is reasonably within the control of District, District shall surrender the Property in substantially the same condition as it was in upon the Effective Date, except for any changes to such condition made or caused to be made by POST or any of POST's agents, lenders, contractors, engineers, consultants, employees, subcontractors, licensees, invitees and representatives, and except for such District alterations as are permitted by this Lease. 9.6 Maintenance and Utilities. During the Lease Term, District shall not use the Property for any purpose whatsoever except as expressly provided in this Lease. District shall be solely responsible for the cost of providing any utilities or other services necessary for District's use and occupancy of the Property and District shall promptly pay and/or discharge any liens that may be recorded against the Property or District's leasehold interest therein resulting from any work performed or materials ordered by or on behalf of District. During the Lease Term, District shall maintain and repair the Property in such manner as reasonably necessary to preserve its existing Page 4 Lease and Management Agreement character; provided, however, that District shall not be obligated to make any material capital improvements to the Property. 9.7 Removal of Improvements; Damage to Property. Except as POST may otherwise agree or direct in writing, in POST's sole discretion, upon expiration or termination of this Lease, District shall remove from the Property any improvements made or installed by or on behalf of District. District further acknowledges and agrees that this Lease shall continue in full force and effect notwithstanding any damage, destruction or casualty to the Property or any portion thereof, and District expressly waives any right to terminate this Lease as a result of such damage, destruction or casualty(including, without limitation, any rights granted under Section 1932, subdivision 2, and Section 1933 of the California Civil Code). 10. Assignment and Subletting. District may not assign or sublease this Lease to any other party without the prior written consent of POST, which consent shall not be unreasonably withheld or delayed with respect to an assignment to a party that expressly assumes in writing all of District's obligations and liabilities hereunder; provided, however, that under no circumstances will POST withhold its consent to an assignment to another governmental entity or to a non-profit organization whose principal purpose is environmental conservation and/or habitat preservation so long as such entity or organization expressly assumes in writing all of District's obligations and liabilities. In the event of an assignment or subletting, District shall remain liable for the payment of all Rent and the performance of all of District's obligations under this Lease, except if and to the extent such obligations are released in writing by POST. 11. Mortgaging of Leasehold Estate. During the Lease Term, District may not encumber its leasehold estate without the prior consent of POST, which consent shall not be unreasonably withheld or delayed. 12. Mortgaging of Fee. During the Lease Term, POST may not encumber its fee estate in the Property without the prior consent of District, which consent shall not be unreasonably withheld or delayed. 13. Remedies Upon Default. 13.1 POST Remedies. POST shall have the right to terminate this Lease only on condition that (a) District has failed or refused to perform any of the material covenants or conditions of this Lease on District's part to be kept and performed; (b) POST has provided written notice to District of such material default, specifying in reasonable detail the alleged nature of the default and specifically referencing each article, section and subsection of this Lease POST believes in default; and (c) within thirty(30) days of its receipt of such written notice, District has failed to commence a cure or, if said default is of such nature that the same cannot be rectified or cured within said thirty(30) day period, and District has failed to commence the rectification or curing thereof within said thirty(30) day period and/or District fails thereafter diligently to cause such rectification or curing to proceed to completion. Page 5 Lease and Management Agreement Mana m nt POST shall have the right to terminate this Lease in the event District defaults under any of the terms or conditions of this Lease and such default remains uncured for a period of thirty(30) days following written notice to District of the nature of such default. Notwithstanding the foregoing, however, if the nature of such default is such that it cannot be cured within thirty(30) days, District shall not be considered in default of this lease so long as District commences the cure of such default within thirty(30) days and thereafter diligently attempts to complete such cure as soon as reasonably practical. 13.2 District Remedies. If POST fails or refuses to perform any of the provisions, covenants or conditions of this Lease on POST's part to be kept or performed, District shall have the right to take any action permitted at law or in equity to enforce the provisions, covenants and conditions of this Lease. However, prior to exercising such right or remedy under this Lease that District may have against POST on account of any such default, District shall provide thirty(30) days' written notice to POST of such default, specifying in reasonable detail the alleged nature of the default and specifically referencing each article, section and subsection of this Lease District believes to be in default. Notwithstanding any other provision hereof, District agrees that if said default is of such a nature that the same cannot be rectified or cured within said thirty(30) day period, then such default shall be deemed to be rectified or cured if POST within said thirty(30) day period shall have diligently commenced the rectification or curing thereof and shall diligently continue thereafter to cause such rectification or curing to proceed to completion. 14. Condemnation. 14.1 Condemnation Award. If the whole or any part of the Property is taken or condemned by any authority(other than District) for any public use or purpose during the Lease Term or any extension thereof, any proceeds shall be paid to and retained by POST. 14.2 District Rights. Notwithstanding the foregoing, District hereby reserves the right to bring any and all separate claims as may permitted by law to compensate District for any and all claims it may have for the taking of any of District's property in connection with such condemnation or other taking, as well as to assert any legal rights or challenges to the authority of the condemning agency to institute such condemnation proceedings. 14.3 Condemnation of Less Than Entire Property. If less than the entire Property shall be taken pursuant to such condemnation action, then this Lease shall continue in effect with respect to the portion of the Property not so taken, except that the Rent payable shall be reduced by a fraction, the numerator of which shall be the number of acres taken or condemned, and the denominator of which shall be the acreage of the Property prior to such condemnation. 15. Miscellaneous Provisions. 15.1 Invalidity. If any term or provision of this Lease or the application to any person or circumstance shall, to any extent,be invalid or unenforceable, the remainder of this Lease, or the application of such term or provision to persons whose circumstances other than those as to which it is held invalid or unenforceable, shall not be affected. Page 6 Lease and Management Agreement 15.2 Successors and Assigns. Subject to the limitations set forth above, the terms, conditions and covenants of this Lease shall be binding upon and shall inure to the benefit of each of the Parties, their heirs, personal representatives, successors or assigns, and shall run with the land; and where more than one party shall be lessors or lessees under this Lease,the words "POST" and"District"whenever used in this Lease shall be deemed to include all lessors or all lessees, as the case may be,jointly and severally. 15.3 Writin . No waivers, alterations or modifications of this Lease or any agreements in connection with this Lease shall be valid unless in writingduly executed b both POST and District. Y Y 15.4 Construction. The captions appearing in this Lease are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or intent of such paragraphs of this Lease or in any way affect this Lease. Any gender used shall be deemed to refer to any other gender more grammatically applicable to the party to whom such use of gender relates. The use of singular shall be deemed to include the plural and, conversely, the plural shall be deemed to include the singular. 15.5 Notices. Any notice, demand or request required hereunder shall be given in writing at the addresses set forth below by any of the following means: (a)personal service; (b) telephonic facsimile transmission; (c) nationally recognized overnight commercial mail service; or(d) registered or certified, first class U.S. mail, return receipt requested. If intended for District, shall be addressed as follows: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: L. Craig Britton, General Manager TEL: (650) 691-1200 FAX: (650) 691-0485 If intended for POST, shall be addressed to: Peninsula Open Space Trust 3000 Sand Hill Road Bldg. ##4, Suite 135 Menlo Park, CA 94025 Attn: Audrey Rust, President TEL: (650) 854-7696 FAX: (650) 854-7703 Such addresses may be changed by notice to the other Party given in the same manner as above provided. Any notice, demand or request sent pursuant to either clause (a) or(b), Page 7 I Lease and Management Agreement above, shall be deemed received upon such personal service or upon dispatch by electronic means (provided, however, that a dispatch by facsimile transmission that occurs on any day other than a business day or after 5:00 p.m. Pacific time shall not be deemed received until 9:00 a.m. Pacific time on the next business day). Any notice, demand, or request sent pursuant to clause (c), above, shall be deemed received on the business day immediately following deposit with the commercial mail service and, if sent pursuant to clause(d), above, shall be deemed received forty-eight(48) hours following deposit in the U.S. mail. 15.6 Authority to Sign. The parties executing this Lease on behalf of POST and District represent that they have authority and power to sign this Lease on behalf of POST and District, respectively. 15.7 Indemnification. District and POST each agree to indemnify and hold harmless the other against and from any and all causes, claims, actions or proceedings arising from any breach or default in the performance of any obligation on the other's part to be performed pursuant to the terms of this Lease, and from and against all costs, attorneys' fees, expenses and liabilities incurred in or about such claim or any action or proceeding brought thereon. If any action or proceeding is brought against POST or District by reason of any such claim, District or POST,upon notice to the other, shall defend the same at their expense by counsel reasonably satisfactory to the defended entity. 15.8 Broker. POST and District represent to each other that it has had no dealings with any real estate broker or agent or finder in connection with this Lease and each shall indemnify and defend the other from and against any and all claims for commissions or finder's fees that may be claimed as a result of the action of either party. 15.9 Entry by POST. POST reserves and shall at any and all times have the right to enter the Property at reasonable business times upon giving at least forty-eight (48)hours' prior written or oral notice to District, to inspect the same for compliance with this Lease or to post notices of nonresponsibility, except in the event of an emergency for which notice will not be required, all without being deemed guilty of an eviction of District and without abatement of Rent, provided that the use of the Property by District and its employees, licensees and invitees shall be interfered with as little as is reasonably practicable. 15.10 Quiet Enjoyment. So long as District shall perform the terms to be performed by District hereunder, District shall have the absolute peaceful, quiet use and possession of the Property without interference or hindrance on the part of POST until the termination of this Lease and the end of the Lease Term. 15.11 Estoppel Certificate. POST and District shall, at any time and from time to time upon not less than twenty(20) days' prior written notice from the other, execute, acknowledge and deliver to the other a statement in writing(a) certifying that this Lease is unmodified and in full force and effect(or, if modified, stating the nature of such modification and certifying that this Lease as so modified, is in full force and effect) and the dates to which the Rent and other charges are paid in advance, if any, and (b) acknowledge that there is not, to such party's knowledge, any Page 8 Lease and Management Agreement uncured defaults on the part of the other party, or specifying such defaults, if any, that are claimed, and(c) certifying such other items as any party may reasonably request. The failure of either party to deliver such statement within such time shall be conclusive upon the other party(a) that this Lease is in full force and effect, without modification except as may be represented by POST, (b) that there are no uncured defaults in the other parry's performance, and (c)that not more than one month's Rent has been paid in advance. 15.12 Conflict of Laws. This Lease shall be governed by and construed pursuant to the laws of the State of California. 15.13 Attorneys' Fees. If either party should bring suit or seek arbitration under this Lease, or because of the breach of any provision of this Lease, then all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party therein shall be paid by the other party, which obligation on the part of the other party shall be deemed to have accrued on the date of the commencement of such action or arbitration and shall be enforceable whether or not the action is prosecuted to judgment. 15.14 Waiver. The waiver by either party of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition herein contained nor shall any custom or practice that may arise between the Parties in the administration of the terms hereof be deemed a waiver of, or in any way affect, the right of POST or District to insist upon the performance by District or POST in accordance with said terms. 15.15 Time. Time is of the essence with respect to the performance of every provision of this Lease in which time or performance is a factor. 15.16 Prior Agreements. This Lease contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Lease, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. 15.17 Amendments. No provision of this Lease may be amended or added to except by an agreement in writing signed by the Parties or their respective successors-in-interest. 15.18 Applicable Law; Severability. As used herein the term"all Applicable Laws"shall mean and refer to all state, federal and local ordinances, statutes and laws including but not limited to all such statutes, laws and ordinances referred to in Section 16 below. Any provision of this Lease that shall prove to be invalid, void or illegal in no way affects, impairs or invalidates any other provisions hereof, and such other provisions shall remain in full force and effect. ' consent shall not be unreasonably 15.19 Sl�ns, With POST s prior consent (which conse y withheld or delayed), District shall have the right to place signs on or about the Property so long as such signs comply with all Applicable Laws, including applicable zoning laws. Page 9 Lease and Management Agreement 16. Hazardous Substances. 16.1 Use. District shall not store, use, generate, transport, introduce, or dispose of any Hazardous Substances in or on the Property, or knowingly allow or permit any other person or entity to do so, except in compliance with all Applicable Laws, including any obligation to notify POST of same, except that District may store,use, generate, transport, introduce, or dispose of such quantities of Hazardous Substances normally used for the purpose of District's routine and customary janitorial, pest control, and vegetation management and control operations. District shall submit to POST copies of all permits, reports, or other documentation pertaining to Hazardous Substances, if any, submitted by District to any governmental agency at the same time such documents are submitted to the governmental agency. 16.2 Definition. "Hazardous Substances"means any hazardous substance, pollutant, or contaminant as defined by the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended and reauthorized, hydrocarbon and petroleum products and byproducts; pesticides regulated under the Federal Insecticide, Fungicide and Rodenticide Act, as amended; asbestos,polychlorinated biphenyl and other substances regulated under the Toxic Substances Control Act, as amended; chemicals and compounds subject to the Occupational Safety and Health Standards, Hazard Communication, as amended; radioactive materials or radioactive wastes; toxic wastes under the Resource Conservation and Recovery Act, as amended; hazardous substances as defined in Chapter 6.5, Division 20 of the California Health and Safety Code, and any other hazardous substance, pollutant or contaminant defined in regulations promulgated pursuant to statutes described above. Hazardous Substances shall not include any substance that occurs naturally in the soil or the Property or in the groundwater thereunder. 16.3 District's Obligations. District shall be responsible for all investigation, remediation and monitoring for any Hazardous Substances to the extent required by all Applicable Laws with respect to Hazardous Substances. 16.4 District's Indemnity. District shall indemnify, defend, and hold POST harmless from any expenses, fees, claims, liabilities or costs arising from, and shall perform (or cause others to perform), all investigation, remediation and monitoring required by any Applicable Laws with respect to any Hazardous Substances, to the extent required by any Applicable Laws with respect to Hazardous Substances. 16.5 POST's Obligations. POST shall be responsible for all investigation, remediation and monitoring for any Hazardous Substances introduced or permitted to be introduced in, on, or r an f it employees, a ents contractors invitees or licensees under the Property b POST o o s prtY Y Y g > ("POST Hazardous Substances")to the extent required by any Applicable Laws with respect to Hazardous Substances. 16.6 POST's Indemnity. POST shall indemnify, defend, and hold District harmless from any expenses, fees, claims, liabilities or costs, and shall perform(or cause others to perform), all investigation, remediation and monitoring required by any Applicable Laws with respect to Hazardous Substances arising from any POST Hazardous Substances. Page 10 Lease and Management Agreement 16.7 Survival. POST's and District's obligations under this Article 16 shall survive the expiration or earlier termination of this Lease, including, without limitation, any termination resulting from any default by POST or District under the Lease. 17. Arbitration of Disputes. If a dispute arises out of or relates to this Lease or the performance or breach thereof, the parties agree first to participate in non-binding mediation in order to resolve their dispute. If the parties are unable to resolve their dispute through mediation, or if there is any remaining unresolved controversy or claim subsequent to mediation, any remaining unresolved controversy or claim shall be settled by arbitration. The parties shall jointly select one arbitrator who shall be a retired or former judge of the Superior Court of California. The arbitration shall be conducted in accordance with the rules set forth in California Code of Civil Procedure Sections 1280 et seq. Hearings shall be held in San Mateo or Santa Clara County, California. If the parties are unable to agree upon an arbitrator, the arbitration shall be conducted by Judicial Arbitration and Mediation Services, Inc. in accordance with the rules thereof. If arbitration is required to resolve a dispute, it shall in all cases be final and binding. NOTICE: BY INITIALING IN THE SPACE BELOW, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING FROM THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW, YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO APPEAL UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING FROM THE MATTER INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION. POST INITIAL DISTRICT INITIAL Il/ Page 11 Lease and Management Agreement POST AND DISTRICT, by their execution below, indicate their consent to the terms of this Lease. DISTRICT: POST: MIDPENINSULA REGIONAL OPEN PENINSULA OPEN SPACE TRUST, a SPACE DISTRICT, a Public District California non-profit public benefit corporation formed pursuant to Section 3 of Chapter 3 of Division 5 of the California Public By: Resources Code Audrey Rust Its: President By: Craig Britton Date: Its: General Manager Date: ATTEST: By: Sally Thiefoldt, District Clerk Date: Page 12 EXHIBIT "A" LEASE AND MANAGEMENT AGREEMENT POST(HUNT) PARTIAL INTEREST PROPERTY Land situated in the County of Santa Clara, in the unincorporated area, State of California, and is described as follows: An undivided one-half interest in and to the following described parcel of land: Beginning at a point, where the Southeast corner of the Northeast quarter of the Southwest quarter of Section 8; Township 9 South, Range 1 West, M.D.B.&M., bears south 650 feet; thence South 80' 05' West 333 feet; thence North 6` 45' West 100 feet; thence North 58' 20' East 101 feet; thence South 69' 28' East 269 feet to the place of begining, and being a portion of said Northeast quarter of said Section 8. (544-35-9) 0 F F I u 1 0 F C a u N T y A S S E 5 S o m 5 A W T A C L A R A C 0 U N T 'f C A L I F 0 R M I A F6001C PAGE (F1 T 9S--R.M. 3.40AC -W- E- ji. $0 0 0494 AC. no 400' TAT[ Wo t",I's A.. JA 1-0 14.30 AL fw, am NAY ta 3ANTA Cftz gifts 73.80 AC. PLAN. COUNTY OF SANTA CLARA 50.22 AC. (T5.ro Ac.) -AIL- WKX)DY GULCH C", NOTICE: Tnis is 110itp(!r A ,tat nor a SurVlay-It 4- is furnished mareiy as A convenience to aid you In locating the land indicated hereon wIth (eference to streets and other land. No liability ib assumed by reason of any retianCO hOfWM Regional Open 5 ice 1 R-03-62 Meeting 03-14 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT June 25, 2003 AGENDA ITEM 4 AGENDA ITEM Application to California State Coastal Conservancy's San Francisco Bay Conservancy Grant Program for Assistance with Acquisition of the Presentation/center Property Addition to Bear Creek Redwoods Open Space Preserve GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in this report. 2. Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District approving the application and assurances for grant funds from the San Francisco Bay Conservancy Program for the Presentation Center Property addition to Bear Creek Redwoods Open Space Preserve. DISCUSSION (see attached map) The San Francisco Bay Conservancy Program is administered by the California Coastal Conservancy and provides a regional framework for grant support of a wide range of park, open space, and outdoor recreational projects in the nine-county Bay Area. Acquisition of open space lands and providing public access are key components of this program. Funding for the program has been provided from two voter-approved bond funds, Proposition 40, "The California Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Act of 2002 and Proposition 50, "Water Security, Clean Drinking Water, Coastal and Beach Protection of 2002." In December 2002, District staff submitted an application to the Coastal Conservancy requesting a matching grant in the amount of$1,807,500 to assist the District in acquiring approximately 198-acres of open space adjacent to Bear Creek Redwoods Open Space Preserve. The Coastal Conservancy reviewed and approved the District's application at their April 2003 meeting and it is now being presented to you for your approval of a resolution which assures that the terms of the agreement will be fulfilled. Under the terms of the agreement, the District must complete the acquisition no later than May 1, 2005. The 198-acre property being considered for acquisition does not include the 67-acre portion of the property where the Presentation Center ("Center") retreat and conference facility is located. The acquisition, if approved, would be part of a larger project that includes a proposal to exchange easements between the District and the Center. As part of the Center's recently approved Conditional Use Permit to replace and improve existing buildings, create a new welcoming center and dining facility, and enhance the grounds, the Center has requested a parking lot easement in the area of an existing overflow parking area which has been historically 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= O=" 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-03-62 Page 2 used by the Center but located on District land. In exchange for the parking lot easement,the Center proposes to provide the District a patrol, maintenance, and public trail easement. Staff anticipates that the overall project, including the proposed exchange of easements and 198-acre property acquisition, will be presented to you at a meeting in July 2003. The Sisters of the Presentation, a Catholic religious congregation, have owned this property since 1957. The Sisters value the natural beauty of their site and are committed to working toward an environmentally sustainable future. They operate the Center, a beautiful, secluded, interfaith retreat and conference center. It serves hundreds of groups and thousands of individuals annually. The 67-acre Center adjoins Bear Creek Road at the center of the preserve. It was originally a boarding school for boys and retains many of the original buildings, surrounded by meadows and a pond. The improvements planned for the Center are designed to reflect their strong environmental ethic and commitment to sustainability. The project will incorporate many "green" features such as straw bale walls,photovoltaics, solar thermal, living roof, native plant landscape and permeable paving. PROJECT DESCRIPTION The 198-acre property area proposed to be acquired as described in this grant application is owned by the Center and is generally located between the Center's retreat and conference facility and Summit Road. Partially surrounded by the 1,071-acre Bear Creek Redwoods Open Space Preserve, the property includes outstanding natural resources, scenic beauty, and an extensive trail system. Situated along upper Bear Creek Road above the retreat and conference center and crossing Summit Road into Santa Cruz County,the property provides a"missing link"to the scenic ridge top and fills most of the gap between the preserve's separated upper areas. It offers safe trailhead parking sites at the top and middle of this large preserve and can restore continuity to the trail network. Its beautiful, mature forest and perennial creek have high habitat value. This proposed addition to Bear Creek Redwoods would greatly enhance the preserve's environmental and scenic, as well as recreational values. Like the adjacent Bear Creek Redwoods Open Space Preserve, the property contains a variety of habitats with excellent environmental, scenic and recreational attributes. A 2002 timber 'i appraisal estimated the property contains approximately 4.7 million board feet of timber, 87 percent redwood and 13 percent Douglas fir. It also includes oak, tanoak, and madrone. Thick humus carpets the ground, undisturbed since the last timber harvest in the early 1900s. Extensive springs give rise to perennial Collins Creek and its surrounding riparian habitat so important to wildlife. The high point of the property is a 2,360 foot knoll forested with tanoak and madrone in the northwestern corner. Its steep southern slopes drain into the Zayante Creek watershed. The summit area also includes chaparral, grassland and a 21-acre abandoned Christmas tree farm. This old farm, adjacent to Summit Road, south of its intersection with Bear Creek Road, may provide a major upper staging area for the preserve. It is ideally situated to provide access to trails on both sides of upper Bear Creek Road, connecting with the extensive trail system in the Preserve. Existing trails connect to preserve trails on the west side of Bear Creek Road at the upper end of Webb Creek. R-03-62 Page 3 Acquisition of this property would provide the following recreation opportunities and protection to viewshed, watershed and wildlife habitat: Recreation Opportunities: The property would greatly increase public access to the upper preserve by providing sites for trailhead parking at the top of Bear Creek Road. These will complement the proposed access off lower Bear Creek Road. The property would also allow trail connections between the currently separated upper sides of the preserve. Fiewshed and Watershed Protection: The property, covered with commercially valuable timber, is highly visible from Highway 17, Summit Road (State Scenic Highway 35)and Bear Creek Road(a county scenic highway). Acquisition would preserve this attractive viewshed and protect the headwaters of Collins Creek, which flows into Lexington Reservoir. Habitat Protection:Wildlife habitat on the property is continuous with the neighboring Bear Creek Redwoods Open Space Preserve, with its numerous special status species. Acquisition would prevent logging of the beautiful second-growth redwood and Douglas fir forests on the property and fragmentation of this valuable wildlife habitat. CEQA COMPLIANCE Project Description The project is the application to the Habitat Conservation Fund for a grant to assist in acquiring j 198 acres of stream, redwood and watershed land as an addition to the existing Bear Creek Redwoods Open Space Preserve. Ultimately, the Property would be included in a Comprehensive Use and Management Plan for the adjacent open space preserve. The Property j would be proposed to be open to the public in the future for low-intensity public recreation and will be preserved permanently as open space and maintained in a natural condition. CEQA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from California Environmental Quality Act under Sections 15316, 15317, 15325, and 15061 of the CEQA Guidelines as follows: 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, and Section 15317 exempts acceptance of fee interests in order to maintain open space character of an area. If the grant application is approved and the District determines to acquire the Property, the District will acquire fee interest and maintain the open space character and natural character of the Property with no new development proposed as part of this project. Section 15325 exempts transfers of ownership in interests in land in order to preserve open space. This acquisition, if grant funding is approved and the District determines to acquire the Property, will transfer fee ownership of the Property to the District which ensures that it would be preserved as open space. R-03-62 Page 4 This potential acquisition qualifies under these three sections. The actions proposed are also exempt under Section 15061, as there is no possibility the actions may have a significant effect on the environment. Prepared by: Del Woods, Senior Acquisition Planner Contact person: Same as above i PROPOSED ADDIT ION TO Park BEAR CREEK REDWOODS OPEN SPACE PRESERVE WC Rese ozrs } 0 -, f [ Bea -� a` Creek Redwoods1 j _, ,0�1� 1. OSP Presentation Center ` 67 Acres AL I tt Proposed Acquisition: Presentation CenterProperty o Ce to 197.95 Acres Dlstri t \\- (� Boundary - ` Mood Y Gu S C.'County M '`�j Miles 0 0.25 0.5 GlP"ecWHear Creek_Red�ods dditim to BCItlCo ta7_Gmnt addtioaa_ro BCR_06(903 RESOLUTION NO. 03- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE APPLICATION AND ASSURANCES FOR GRANT FUNDS FROM THE CALIFORNIA STATE COASTAL CONSERVANCY PRESENTATION CENTER PROPERTY ACQUISITION WHEREAS, the Legislature has established the California State Coastal Conservancy under Division 21 of the California Public Resources Code, and has authorized the Conservancy to award grants to public agencies and nonprofit organizations to implement these provisions; and WHEREAS, grants are awarded under eligibility guidelines adopted by the Conservancy; and WHEREAS,procedures established by the Conservancy require the applicant to certify through a resolution approval of the application and listed assurances prior to submission of an application to the Conservancy for an award of grant funds; NOW, THEREFORE, be it resolved that the Board of Directors of the Midpeninsula Regional Open Space District hereby: 1. Agrees to the terms and conditions of the Grant Agreement; and 2. Has or will have sufficient funds to operate and maintain the funded projects; and 3. Agrees to provide any funds needed beyond the grant requested to complete the projects funded under this program through the allocation of uncommitted funds; and 4. Authorizes the General Manager as agent and representative of the Midpeninsula Regional Open Space District and to execute the Grant Agreement and all documents necessary to comply with the Conservancy's grant requirements: L. Craig Britton, General Manager. Regional Open .(" ice 1 R-03-61 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 03-14 June 25, 2003 AGENDA ITEM 5 AGENDA ITEM Authorization to Conduct a Controlled Burn at Russian Ri ge Open Space Preserve GENERAL MANAGER'S RECOMMENDA Authorize the General Manager to prepare for, and conduct, a controlled burn at Russian Ridge Open Space Preserve. DISCUSSION A three-year Agreement currently exists with the California Department of Forestry (CDF) to conduct controlled burns at Russian Ridge as an ongoing part of the Grassland Management Implementation Plan (see Report R-01-64). Authorization is being sought to conduct a controlled burn with CDF under the conditions of this Agreement. The District has conducted three controlled burns with the assistance of CDF at the Russian Ridge Open Space Preserve. The burns were conducted in the following years: 1998 (80 acres), 1999 (140 acres), and 2002 (65 acres). The primary purpose of the proposed controlled burn is to reintroduce fire to the grassland ecosystem. Specifically, the burn will control non-native invasive plants (Harding grass, yellow star thistle and other thistles) that have taken over large areas of the northern portion of the preserve. The controlled burn proposed for this year will specifically address large areas of Harding grass. Harding grass is persistent and spreads readily. After the burn, District staff are ready to control the re-sprouts of Harding grass to prevent it from re-colonizing the preserve and spreading to adjacent lands. Controlling these invasive plants is essential to restoring the preserve to native grasses and wildflowers. Adjacent residents have expressed concerns about the invasive plants spreading to their proprieties. Other purposes of the controlled burn are to create a fire-safe condition by burning off woody shrubs and underlying dry thatch. In addition, the burn provides an excellent opportunity for District staff to obtain live-fire training, under controlled circumstances. District staff will also have the opportunity to work in an incident command environment which is the management structure which is used in emergency response situations. PROJECT DESCRIPTION CDF will be the lead agency for the project and has prepared the burn plan and CEQA compliance documents. It will also obtain all permits, provide personnel and equipment to conduct the burn, and assume liability for the burn. 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 `zr;] IfFFEEST 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-03-61 Page 2 The District will help prepare the site,provide staff to help conduct and monitor the burn, arrange traffic control along Skyline Boulevard while the burn is in progress, and provide public notification and media outreach. The proposed burn will be contained b existing roads, disc lines and trails, and will not exceed 120 acres. p p Y g All trees and sensitive areas will be protected from any impact during the burn. District staff proposes burning the northeast part of the preserve that is bordered on the northeast by the disc line and Skyline Boulevard, and on the southwest by Alder Springs Trail, which also functions as a patrol road(see attached map). Black lining and other burn preparations are proposed for one day during the week of July 7— 11,with the first possible date for the actual burn being July 16. The burn will only occur if all necessary resources are available, and if weather conditions are within the prescribed limits. Experience has shown that the burn may be re-scheduled a number of times to ensure full compliance with all safety requirements. NOTIFICATION Neighbors of the Russian Ridge Open Space Preserve, and those who have expressed a specific interest in being informed of preserve-related events, have been sent copies of this report. In addition, the Public Affairs Department will be notifying the media prior to the burn. CEQA COMPLIANCE The California Department of Forestry and Fire Protection(CDF)will act as the lead agency for this project and will prepare the CEQA documentation. Prepared by: Gordon Baillie, Management Analyst Cindy Roessler, Resource Management Specialist Contact person: John Maciel, Operations Manager Attachment: Burn Area Map yn c ose area h s. �\ 1 2ti � 1 ' Trail � �ati� � � —►,� G 0.4/ 0.7 .o r 1800 0� 1 , \\ 1800 j (CCO2) 2200 •2 I � \ 160�, v ' 0.5 WSJ \ \l- -C (RR05) 0.5 0.6 p' 24o Vista Paint OZA rar/ 2000 1) 0.4 _ yea 0 Mail Sky��nP3) Meadow �4.�`0.8 j�0.2 er SP t��a0 �p 0.3 0.5 d~d 2200 (M604)MONTE 0.3 (MB05) O PRESCRIBED Borel OPEN .---B:URN AREA Hill2572' 0.3 SPACE (ccol) PRESERVE RUSSIAN RIDGE 0.3�„ ' 2400 Rid trail ' OPEN SPACE elrai/ 0•2 0.5 \ 600 PRESERVE 0.5 0.3 `. o „ 1800 G 2200 pn�ienf zao Od p►1 ine r \ ks p �• 0.3 Road • ® r e �L �o� SRp 000 •f 1800 ® 0.2 ®. 0.1 1.0 (R 1.0 fSR05) 0 2 0.1 0.1 \\ C M SK'YLIN,E 'RIDGE Alpi e ,80o 8o R'ee T \ OPET� SPACE PO O ',� PRESERVE/ Regional Open .' ice 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-03-59 Meeting 03-14 June 25, 2003 AGENDA ITEM 6 AGENDA ITEM Authorization to Contract with Shoreline Printing for Printi Services for the balance of Fiscal Year 2003-2004,with an Option to Extend the Contract for Fi cal Year 04-2005 GENERAL MANAGER'S RECOMMENDATI Authorize the General Manager to enter into a contract for p ices with Shoreline Printing for the balance of fiscal year 2003-2004 for an amount not to exceed$100,990, with the option to extend the contract to fiscal year 2004-2005 subject to further Board approval. DISCUSSION At your meeting on April 9, 2003 (see Report R-03-38),you authorized the General Manager to enter into a contract for printing services with Columbia Printing for fiscal year 2003-2004 for an amount not to exceed$134,450. During the past two months, District staff worked with Columbia Printing on several printing projects, including production of the 2002-2003 Annual Report, several trail brochures,and District envelopes. On May 23,2003, District staff received 30-day written notification from Columbia Printing expressing their intent to cancel the printing contract with the District. Columbia Printing cited unforeseen difficulties procuring the paper meeting District environmental standards and future uncertainty with paper availability as significant concerns. As the contract with Columbia Printing will end on June 23, 2003,District staff reviewed the proposals received for printing services this past spring from the printers who submitted the next three lowest bids, and who also met other elements of the previous evaluation criteria. (Evaluation criteria included cost estimates for completion of two sample District printing projects, expected production times, work samples,references, information regarding the firm's general background and qualifications,experience working with government agencies and land conservation and/or environmental organizations,and procurement and use of paper and inks meeting District environmental standards. Staff made a site visit P PP g ) i to each potential printer, and re-confirmed cost estimates and each firm's ability to meet the District's printing specifications, including procuring paper meeting District environmental standards. Customer services and geographic location of each firm were further compared. Among the three proposals reviewed, cost estimates for the sample projects(printing of the District's quarterly newsletter and trail brochures)were very close,ranging from a total cost of$27,192 to$28,847. This cost represents the entire printing of a newsletter to go to the District's current mailing list (approximately 16,500 names),the cost to produce a number of newsletters sufficient to also mail to San Mateo County coastal residents(approximately 30,000 names,including the District's mailing list), and the cost to print six of the trail brochures at varying quantities. 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 ® 6T Board of Directors:Pete Siemens,Mary C.Davey,led Cyr, Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz - General Manager:L.Craig Britton I R-03-59 Page 2 The proposal from Shoreline Printing, a Mountain View-based company,which has 18+years of experience, contained relevant work samples,including a variety of newsletters,programs, and brochures. Shoreline Printing has also had experience with recycled paper and soy-based inks, demonstrating experience using paper stocks and ink that meet District environmental standards, as well as work experience with non-profit and government agencies. The Shoreline Printing proposal also included the most competitive cost estimate for the sample projects($27,192 total; $5,544 for the printing of the newsletter to go to the District's mailing list; $9,750 to go to San Mateo County coastal residents in addition to the District's mailing list; $11,898 for the printing of the trail brochures). Shoreline Printing, located in Mountain View, is also the only vendor within the District boundary. Based upon cost, location, and performance criteria, staff recommends contracting with Shoreline Printing for the balance of fiscal year 2003-2004 for an amount not to exceed$100,990,with the option to extend the contract, subject to further Board approval, for fiscal year 2004-2005. Prepared by: Kristi Webb,Public Affairs Specialist Contact person: Same as above Regional Open ice 1 R-03-57 Meeting No. 03-14 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT June 25, 2003 AGENDA ITEM 7 AGENDA ITEM Authorization to Pay the California Joint Powers Insurance Authority (CJPIA) for the Primary Deposits for the 2003-2004 Liability Program and the 2003-2004 Workers' Compensation Program - GENERAL MANAGER'S RECOMMENDATIONS I. Authorize payment to CJPIA in the amount of$78,803 for the 2003-2004 Liability Program Primary Deposit. 2. Authorize payment to CJPIA in the amount of$80,038 for the 2003-2004 Workers' Compensation Program Primary Deposit. DISCUSSION At your Regular meeting of March 27, 2002, at your Regular Meeting, you approved the District's participation in the California Joint Powers Insurance Authority's (CJPIA) Joint Protection Program of Liability Coverage ($72,000), including the 2003-2004 Environmental Liability Deposit ($6,803) (see Report R-02-52). Last year at your Regular meeting of May 29, 2003 you also approved that the District change its Workers' Compensation Insurance coverage to CJPIA(see Report R-02-78). As stated in the referenced staff report, a member who enters the CJPIA may not withdraw for a three-year period, so that a member may not obtain coverage for a loss and then withdraw, without fairly pooling losses. The District is now entering into its second year of its three-year contract. Staff requests Board authorization to pay CJPIA deposit amounts of$78,803 for the 2003-2004 Liability Program, which includes $6,803 for the 2003-2004 Environmental Liability Deposit, to cover the period June 30, 2003 to June 30, 2004; and $80,038 for the 2003-2004 Workers' Compensation Program for the same time period. Funds to pay these insurance deposits were allocated and approved by the Board at their Regular meeting on March 26, 2003 when the 2003- 2004 fiscal year budget was approved (see Report R-03-34). The estimated savings over our previous commercial insurance coverage for these programs is approximately$300,000 annually. Prepared by: Lisa Zadek, Assistant District Clerk Contact person: Sally Thielfoldt, Administration and Human Resources 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.—EE` Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr, Deane Little, Nonette Hanko, Larry Hassett, Kenneth C.Nitz - General Manager:L.Craig Britton -Claims No. 03 11 Meeting 03-14 Date 06/25/03 Revised Midpeninsula Regional Open Space District # Amount Name Description 5884 $26,181.63 2M Associates Coastal Annexation Consultant Study 5885 $86.85 Accent&Artech Lamination Supplies 5886 $358.26 Acme&Sons Sanitation Sanitation Services 5887 $800.00 Aerial Information Systems,Inc. Vegetation Map-Pulgas Ridge 5888 $1,186.80 Allied Auto Works Vehicle Service and Repairs 5889 $500.09 ANG Newspapers Legal Advertisement-EIR 5890 $3,000.00 Appraisal Research Corporation Appraisal Services 5891 $168.37 Ame'Sign&Decal Co,Inc. Signs 5892 $19.64 AT&T Telephone Service 5893 $334.00 Bill's Towing&Recovery Tow Truck Fees 5894 $122.49 Browning-Ferris Industries Garbage Service 5895 $2,318.25 *1 CA Dept.of Fish and Game 3 Permit Application Fees 5896 $78,803.00 ### California JPIA Liability/Environmental Insurance-Primary Deposit 5897 $80,038.00 ### California JPIA Workers'Compensation Insurance-Primary Deposit 5898 $215.22 California Water Service Company Water Service 5899 $35.25 Chris's Dodge World,Inc. Vehicle Supplies 5900 $24.00 City of Los Altos Alarm Permit Application Fee-Admin.Office 5901 $159.46 Cole Supply Co.,Inc. Janitorial Supplies 5902 $4,013.92 Columbia Printing Maps&Envelopes Printing Services 5903 $141.26 Continuing Education of the Bar CEQA Book Update 5904 $548.55 *2 Costco Supplies 5905 $635.50 Cougar Couriers Document Courier Service 5906 $100.00 County of San Mateo GIs Data Reproduction Fee 5907 $875.00 *3 County of San Mateo-Clerk/Recorder's Notice of Determination Fee-FEIR Office 5908 $25.00 *4 County of Santa Clara-County Filing Fee-Coastal Annexation Clerk/Recorder 5909 $30.84 CSK Auto Vehicle Supplies 5910 $542.00 Cumming Henderson Tire Services 5911 $250.00 D&J Rooter Septic Tank Services-Silva Property 5912 $875.00 Del Rey Building Maintenance Annual Blinds&Windows Cleaning 5913 $55.40 *5 Dittmer's Gourmet Local Business Meeting 5914 $35.20 Downing,Brendan Reimbursement-Uniform 5915 $136.00 Emergency Vehicle Systems Equipment Repairs 5916 $30.48 Firestone Tire&Service Tire Services 5917 $4,834.79 FireWise 2000,Inc. Consulting Services-Wildland Fire Analysis 5918 $325.54 Freyer&Laureta,Inc. Consulting Services-Old Page Mill Road 5919 $37.10 G&K Service Shop Towel Service 5920 $121.28 Galls Incorporated First Aid Supplies 5921 $1,595.47 Gardenland Power Equipment Field Supplies&Equipment 5922 $6,152.50 Gary Ifland&Associates,Inc. Surveyor Services 5923 $24.50 General Graphics Exhibits Vinyl Text-Nature Center Panels 5924 $138.28 Grainger,Inc. Field Supplies 5925 $192.96 Granite Rock Company Base Rock-Windy Hill Parking Lot 5926 $858.92 Great! Printing Services-Docent Newsletters&Post Cards 5927 $116.11 Green Waste Recovery,Inc. Garbage Services 5928 $551.25 H.T.Harvey&Associates Bat Survey-Skyline-A Frame Employee Residence 5929 $543.97 Hertz Equipment Rental Equipment Rental 5930 $2,520.00 Hitech Construction Management& Construction Management Service-FFO Shop Building Design 5931 $56.74 *6 Home Depot,Inc. Field Supplies&Equipment Page 1 of 4 Claims No. 03-11 Meeting 03-14 Date 06/25/03 Revised Midpeninsula Regional Open Space District # Amount Name Description 5932 $2,250.00 IEDA,Inc. Consulting Services-Labor Relations 5933 $2,305.73 Indoff Incorporated Furniture-Ergo Chairs 5934 $645.38 *7 Just Ergonomics,Inc. Erognomic Equipment 5935 $535.91 Just Ergonomics,Inc. Erognomic Equipment 5936 $1,150.00 Kevin Emery Builder Painting Services-Saratoga Gap 5937 $5,270.00 Killroy Pest Control,Inc. Termite Fumigation-Sherill Property 5938 $2,048.32 Kinko's Printing Services-EIR&Related Documents 5939 $14.94 Kwik Key Lock&Safe Co. Inc. Key Duplications 5940 $74.74 Lab Safety Supply Field Supplies 5941 $65.79 Langley Hill Quarry Trail Restoration Material 5942 $661.25 Los Altos Garbage Co. Refuse Services 5943 $1,962.56 M.T.Metal Fabrication,Inc. Brochure Boxes 5944 $37.33 MCI Long Distance Telephone Service 5945 $118.57 MegaPath Networks Internet Connection-DSL Line SFO 5946 $1,057.98 MetroMobile Communications Radio Repairs&Maintenance 5947 $478.81 Moffett Supply Company Sanitation Services 5948 $71.34 Mountain View Garden Center Sand-Rancho San Antonio 5949 $41.42 *8 Northern Energy,Inc. Propane Service 5950 $1,261.39 *9 Office Depot Office Supplies 5951 $1,065.05 *10 Orchard Supply Hardware Field Equipment&Supplies 5952 $1,517.17 *11 Pacific Bell Telephone Service 5953 $300.00 *12 Petty Cash Office Supplies 5954 $130.90 Precision Engravers,Inc. Name Tag Engraving 5955 $18.35 Pringle Tractor Co. Tractor Supplies 5956 $792.00 Proctection One Installation of Alarm System-Admin.Office 5957 $1,433.61 Ray L.Hellwig Services Co.,Inc. HVAC Repair-Admin.Office&Tenant Space 5958 $72.26 Rayne Water Conditioning Water Conditioner Service 5959 $25.00 Rene Hardoy Repair-Sprinkler System 5960 $3,000.00 Reserve Account Postage-Postage Meter 5961 $85.00 Richard P.Carr R.P.T. Ergonomic Assessment 5962 $31.47 Roberts&Brune Co. Field Supplies 5963 $125.57 Roessler,Cindy Reimbursement-Mileage 5964 $495.48 Roy's Repair Service Vehicle Repairs&Service 5965 $405.84 San Jose Water Company Water Service 5966 $789.95 San Mateo County Sheriffs Office Security Service-Coastal Annexation Meeting 5967 $196.80 Schectman,Susan Reimbursement-Copy Service for Coast Meeting 5968 $1,298.00 Seaver,Richard DBA Rural Pig Mgmnt. Pig Control Services 5969 $145.20 *13 Skyline County Water District Water Service 5970 $350.00 Smith,Malcom Public Affairs Consultant 5971 $99.00 Steven Warren Singer Aerial Photos 5972 $5,075.00 StrongAssociates A .Economics Consulting Services-EIR 9 5973 $933.13 Summit Uniforms Uniform Expense 5974 $386.68 Tadco Supply Janitorial Supplies 5975 $1,360.00 Timothy C.Best,CEG Consulting Services-ECDM Road Assessment 5976 $224.38 Tires on the Go Tire Repairs 5977 $63.73 Tony&Albas Pizza Local Business Meeting Expense 5978 $1,590.00 Touchatt Trucking Trucking Fee-Monte Bello Parking Lot Rock 5979 $726.09 Train,Minh Reimbursement-Tuition&Computer Supplies 5980 $51.34 Verizon Pager Service 5981 $161.04 Welaratna,Sumudu Reimbursement-Copy Service for Coast Meeting Page 2 of 4 Claims No. 03-11 Meeting 03-14 Date 06/25/03 Revised Midpeninsula Regional Open Space District # Amount Name Description 5982 $805.16 Western Press&Mail Postage-Newsletters-Summer 2003 5983 $150.00 *14 Western Press&Mail General Liability Insurance 5984 $1,768.75 Western Press&Mail Postage-FEIR Postcards 5985 $67.65 Workingman's Emporium Uniforms 5986 $86.18 Xpedite Fax Broadcast System Services 5987 $199.33 *15 Zadek,Lisa Reimbursement-Copy Service for Coast Meeting 5988 R $658.26 Acme&Sons Sanitation Sanitation Services 5989 R $195.00 ADT Security Services Burglar Alarm Service 5990 R $3,700.00 Aerial Information Systems,Inc. Vegetation Map-South Skyline 5991 R $90.32 Allied Auto Works Vehicle Service 5992 R $139.34 Artech&Accent Lamination Supplies 5993 R $334.73 AT&T Wireless Cellular Phone Service 5994 R $679.04 Beck's Shoes Inc. Uniform Boots(2 Pairs) 5995 R $2,024.05 Britton,L.Craig Reim.-Conference-Special Park District 5996 R $777.24 Columbia Printing Envelopes Printing Services 5997 R $27.05 Cupertino Bike Shop Bicycle Supplies 5998 R $761.35 Dell Account Computer Supplies 5999 R $1,673.66 Department of General Services Vehicle Procurement Fee 6000 R $30.00 Dept.of Toxic Substance Control Manifest Fee for Hazmat Removal-Red Barn 6001 R $2,401.51 Emergency Vehicle Systems Vehicle Accessories 6002 R $193.62 Federal Express Express Mailing 6003 R $3,013.68 First Bankcard 189.68-Training&Conf.Exp. 259.94-Internet Services 662.08-Field Equip.Supp.&Uniform Exp. 481.81-Books&Subs. 319.31-Office Supplies 203.80-Local Business Meeting 229.62-Ergo.Furniture 667.44-Special Event Supplies 6004 R $362.13 Forestry Supplies,Inc. Field Supplies 6005 R $50.50 G&K Service Shop Towel Service 6006 R $99.16 Galls Incorporated First Aid Supplies 6007 R $351.46 Great! Printing Services-Maps 6008 R $48.00 Half Moon Bay Review Subscription 6009 R $100.00 Johnston,Dave Honorarium for Docent Enrichment 6010 R $825.92 Just Ergonomics,Inc. Erognomic Equipment 6011 R $175.58 Keeble&Shuchat Photography Photo Processing&Slides Copy 6012 R $14.94 Kwik Key Lock&Safe Co.Inc. Key Duplications 6013 R $309.50 Liebert Cassidy Whitmore Legal Services 6014 R $1,354.15 Maaco Vehicle Repairs 6015 R $69.36 MCI Long Distance Telephone Service 6016 R $1,101.93 MetroMobile Communications Radios,Repairs&Maintenance 6017 R $2.88 Noble Tractor,Inc. Tractor Supply 6018 R $69.12 Orlandi Trailer Trailer Accessories 6019 R $185.60 Pacific Bell Telephone Service 6020 R $1,237.51 Petrotek Fuel Pump Repairs 6021 R $441.98 Petty Cash Conference&Training Expense,Office&Field Supplies, Vehicle Mileage Reimbursement,Volunteer Supplies, Out of Town&Local Bus.Meeting Expense 6022 R $468.20 Roy's Repair Service Vehicle Repairs&Service 6023 R $1,058.43 Shell Credit Card Center Fuel 6024 R $1,112,27 Summit Uniforms Uniform Expense Page 3 of 4 Claims No. 03-11 Meeting 03-14 Date 06/25/03 Revised Midpeninsula Regional Open Space District # Amount Name Description 6025 R $239.58 The Bicycle Outfitter Bicycle Tools&Parts 6026 R $599.76 Tires on the Go Tires 6027 R $1,162.00 WAC Corporation,Inc. Aerial Photos 6028 R $224.03 West Group On-Line Legal Services Total $295,154.28 1 Urgent Check Issued 5/30/03 *2 Urgent Check Issued 6/10/03 *3 Urgent Check Issued 6/06/03 *4 Urgent Check Issued 6/06/03 *5 Urgent Check Issued 6/05/03 *6 Urgent Check Issued 6/10/03 *7 Urgent Check Issued 5/30/03 *8 Urgent Check Issued 6/10/03 *9 Urgent Check Issued 6/13/03 *10 Urgent Check Issued 6/18/03 *11 Urgent Check Issued 6/11/03 *12 Urgent Check Issued 6/10/03 *13 Urgent Check Issued 6/10/03 *14 Urgent Check Issued 6/03/03 *15 Urgent Check Issued 6/06/03 ### In the event agenda item is not approved,this claim will not be processed Page 4 of 4 Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To: Board of Directors From: L. Craig Britton, General Manager Date: June 20, 2003 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 Regional Open , ice June 16, 2003 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Audrey Rust, President Peninsula Open Space Trust 3000 Sand Hill Road, 4-135 Menlo Park, CA 94025 Dear Audrey: On behalf of the staff of the Midpeninsula Regional Open Space District, I would like to thank you and your staff, specifically Deidre Holbrook, Walter Moore, Paul Ringgold, Jeff Powers, Jean Lauer, and Kath Birnie for a truly enjoyable visit to the beautiful properties that POST has purchased in the San Mateo coastal area. These land tours allowed our staff to see and experience some magnificent properties as well as understand the importance of your accomplishments with the "Saving the Endangered Coast"campaign. Each staff member enjoyed certain sections of the tour. Here are some quotes from our staff on what they enjoyed most about the tours. "The vistas at Driscoll Ranch were spectacular. It made you feel that the work that both our organizations are doing is so important. I loved the tide pools at Whaler's Cove." Elaina Cuzick "I enjoyed getting out of the vehicles and hiking on the land. The vast landscapes were incredible, and I enjoyed seeing all the various erosion control methods in use at Cloverdale Ranch." Kristi Webb "As the Volunteer Program Coordinator, I was very interested in the erosion control projects at Cloverdale Ranch. Since, I am involved with similar projects at the District, it is always valuable to see new approaches to this challenging environmental issue." Paul McKowan We appreciate the time and effort that your staff contributed in making these coastal lands tours a memorable event for all our District staff. Sincerely, L, Craig B General Manager cc: MROSD Board of Directors 330 Distel Circle • Los Altos, CA 94022-1404 - Phone: 650-691-1200 Fax: 650-691-0485 , E-mail: mrosd@openspace.org Web site:www.openspace.org �7FN�'Fsr bh and of Directors:Pete Siemens,Mary C. Davey,Jed Cyr,Deane Little,Nonette Fianko, Larry Nassett, Kenneth C. Nitz - Genera!Manager:L.Craig Britton Notice of Exemption Form D To: ❑ Office of Planning and Research From: (Public Agency) PO Box 3044, 1400 Tenth Street,Room 222 Midpeninsula Regional Open Space District Sacramento,CA 95812-3044 330 Distel Circle, Los Altos, CA 94022 ❑ County Clerk (Address) County of Project Title: Horse Trough and Hitching Post Installation at Skyline Ridge Open Space Preserve Project Location -Specific: The project is located in Skyline Ridge Open Space Preserve, approximately 0.1-miles east and behind the existing Ranger Facility and adjacent to the remnant tennis courts off the alternate Ridge Trail patrol road. Project Location—City: Unincorporated Project Location—County: Santa Clara County Description of Project: Installation of a horse trough and hitching post near the Skyline Ranger Facility at Skyline Ridge Open Space Preserve. The horse trough would be fed by tapping into the existing plumbing located within 30 feet of the site. The purpose of this project is to provide horses a source of water in the Skyline area. The project area would be approximately 15 feet by 15 feet in dimension and include a narrow 30-foot long trench for the pipe connection. Name of Public Agency Approving Project: Midpeninsula Regional Open Space District Name of Person or Agency Carrying Out Project: Midpeninsula Regional Open Space District Exempt Status: (check one F]Ministerial(Sec. 21080(b)(1); 15268); F-1 Declared Emergency(See.21080(b)(3); 15269(a)); F]Emergency Project(Sec.21080(b)(4); 15269(b)(c)); Categorical Exemption. State type and section number: Article 19 Sections 15303 (Class 3) and 15061(b) (3) Fj Statutory Exemptions. State code number: Reasons why project is exempt: The proposed project was reviewed pursuant to CEQA and determined to be categorically exempt under Section 15303, which exempts projects that consist of new construction of small structures and Section 15061(b) (3) , which exempts projects when it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. The project is very minor in nature, would require one day of work and would be set in an already disturbed location. moreover, it has been determined that the project would not affect any environmental resource of hazardous or critical concern. Lead Agency Ms. Cathy Woodbury, ASLA, AICP Contact Person: Area Code/Telephone/Extension: 650 691-1200 If filed by applicant: 1.Attach certified document of exemption finding. 2.Has a Notice of Exemption been filed by the public agency approving the project? El Yes V No Signature: Date: Title: Planning Manager JZ Signe 'J y Lead Agency Date received for filing at OPR: Ja Signed by Applicant Revised May 1999 27 SKYLINE R DGE OPEN SPACE PRESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Coal Creek Open Space Preserve -�2672' Sorel 0.3 pond S �, w� °Hill lop .� 0 0.2 g A °Ridge Trafl d ® 0.5 _. _ ek •.. 1 y / / .p Tway Stevens creek Q. °ie 0.3 saoo oa0 0.6 Nerore T 0�►ndla cry nt oaf p.lpine Roa mil " [1Uf Location of Proposed Horse ° >r �.CL Trough & Hitching Post 0 (RR02) 0.2 •0•1 /© � (M606) ?MONTE BE O 0.2 ® OPEN SPACE PRESERV\ J \ Alpine r• ,� 2200 k_(SR04) 0.2 (R1103) :,i°e I 2400 0.5 ••,,©' 0.5 D 1.5 jd 0.3 0.1 •• �(MB07 ' A SR03 0.5 0.1 !!� 0.3 1 1 D.3 0.2 j Q A 0.3 0 2 0.2 i 2° 6 Ile t;• Horses- - Lilo 0.6 l' 0.3 fY •'• 0.4 2200 Tns Farm \ J 2200 v 0.7 r �SR02) 1800 8� �a 2000 1.0 k t Cr`fM • z =a '• A 36 1 �"" Jam-,. • 2400 / 1 0 t 09/01 0.0 .1 .2 .3 \.4 .5 .6 .7 .8 .9 1.0 '.Long Ridge Open Space Preserve One Mile Trail Use Map Legend Hiking Only1.0 E]tt Hiking, Bicycling, Gate (#s) Trail Distance in Miles Ranger Facility Restroom Whole Access Parking Lot Other Public Lands Equestrian Trail A ---__ Bay Area Ridge Trail 1 9 o Q , r Note: ... -- __ � Dogs are not allowed Creek Vehicle Driveway Nature Center Residence Handicapped Equestrian Parking No Public Entry on this preserve Parking Only Prwate or L amd Lands Memorandum Date: 6/6/03 To: File From: Ana Ruiz-, RE: Proposed Horse Trough and Hitching Post, SROSP On Tuesday, May 13, 2003 Carl Oosterman, David Sanguinetti, Craig Beckman, and I visited the proposed site for the hitching post and horse trough at Skyline Ridge Open Space Preserve. My purpose was to conduct a preliminary assessment of the existing conditions of the project site. The primary vegetation type for the site is disturbed, non- native grassland. The predominant vegetation cover surrounding the lower area of the preserve is mixed conifer and oak woodland. Project Description The project entails the installation of a horse trough and hitching post near the existing Skyline Field Office. The purpose of the project is to provide a water source for horses in the Skyline area at a location that does not impede the flow of trail users. The road-width trail adjacent to the proposed project site is open to hiking, bicycling, and equestrian use and is also used for patrol and maintenance purposes. The site receives moderate trail traffic during the spring and summer, particularly on weekends, since it is located on the alternate multi-use Ridge Trail alignment. The Ridge Trail is a popular and well-known regional trail that attracts trail users throughout the larger Bar Area. The entire proposed project is expected to require one full day of work. Other than a small mower to mow the dry grass and a mini, hand-operated trencher to dig a short, narrow linear trench, most of the work would be conducted by hand. The horse trough would be fed by tapping into a nearby MROSD water tank located approximately roximatel 30 feet from the project site. A narrow trench would be dug from where the existing piping lies, across the unpaved, road-width trail to the proposed horse trough site. Water would flow via a PVC or similar type pipe. The horse trough would include a hand-controlled valve to control the amount of water that is allowed to pour into the trough. No trees would be removed as part of the project; only a few low-lying shrubs and grass mowed. The project site (excluding the narrow 30-foot long trench) would encompass an area approximately 15 feet by 15 feet in dimension. 330 DISTEL CIRCLE-LOS ALTOS,CALIFORNIA-94022•WORK:650 691 1200-FAX:650 6910485 EMAIL:ARUIZ@OPENSPACE.ORG-WEB:WWW.OPENSPACE.ORG i Memorandum Information Search on Local Biota The California red-legged frog (Rana aurora draytonfi) is listed as a threatened species under the federal Endangered Species Act and is recognized as a species of special concern by the California Department of Fish and Game. The Pescadero Creek Watershed is included as part of Unit 14 of the formerly designated critical habitat' for California red-legged frog. Red-legged frog are generally found along marshes, streams, ponds, and other permanent or semi-permanent sources of water with dense scrubby vegetation. On District lands in the Santa Cruz Mountains, the red-legged frog has been found primarily in medium-sized man-made ponds and natural sag ponds. Skyline Ridge Open Space Preserve was surveyed for red-legged frog in the 1999/2000-time period; small numbers of red-legged frogs were found at Alpine and Horseshoe Lake within the preserve boundary (Seymour and Westphal, 2000). According to a review of the California Natural Diversity Database, the closest recorded location of red-legged frog habitat is found outside the preserve boundary, approximately 3,800 feet southeast of the project site. The proposed project is scheduled during the typical dry season (July-October), avoids the breeding season (January - March) for the red-legged frog, is located in an exposed and already disturbed area (next to existing tennis courts), and avoids disturbing dense shrubs adjacent to drainages. Therefore, the proposed project will have no impact on the California red-legged frog. Reconnaissance surveys found California slender salamander near the project site. This is a common species found under logs and leaf litter throughout the California Coast Ranges. If found within the project site, the California slender salamander will be relocated to a nearby wooded area with leaf litter, logs, and/or rocks. (Seymour and Westphal, 2000). Slender salamanders are active on the ground surface during periods of wet weather, foraging mostly at night and hiding under cover objects (logs, boards, loose rocks) during the day. They retreat underground whenever the soil dries or the air temperature drops below freezing. Individuals remain underground the entire summer and are thus near the surface only in the winter or when it rains. The project will occur during the daytime in June or July, when the ground is expected to by dry and temperatures relatively warm. Therefore, the proposed project will have no impact on the California slender salamander. Based on in-house review of the California Natural Diversity Database, the upper area of the preserve is considered habitat for the Long-eared owl (Asio Otus), a species with no current Federal status and a State status described as S3 (21 - 100 Eos or 3,000 - 10,000 individuals, or 10,000—50,000 acres). According to the CNDDB data there is one recorded occurrence of this species in the area dated June of 1987. The Long-eared owl is considered to have a population demonstrably secure to ineradicable due to being commonly found in the world, although the occurrence rank is unknown for this site. The Long-eared owl is a large, nocturnal, predatory bird. Long-eared Owls inhabit open woodlands, forest edges, riparian strips along rivers, hedgerows, juniper thickets, 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 after a legal challenge by a home builders association. The agency expects to redesignate critical habitat by 2005. 2 Memorandum woodlots and wooded ravines and gullies. Breeding habitat must include thick) wooded g 9 Y areas for nesting and roosting with nearby open spaces for hunting. Breeding occurs February — July. During winter, they need dense conifer groves or brushy thickets to roost in. Roosting sites are usually in the heaviest forest cover available. This species hunts mainly in open rangeland, clearings, and fallow fields from late dusk to just before dawn. Long-eared Owls feed primarily on mammals. In most areas voles are the most common prey, but deer mice are the most important prey in other areas. Nesting occurs mainly from mid March through May. Long-eared Owls nest almost exclusively in old stick nests of crows, magpies, ravens, hawks, or herons. They nest rarely in rock crevices, tree cavities, or on open ground. Nests are almost always located in wooded sites, often screened by shrubbery, vines, or branches and are commonly 5 to 10 meters (16 to 33 feet) above ground. The project will only result in minimal disturbance to an already disturbed area and all work will be conducted during the daytime. Therefore, the proposed project will have no impact on the Long-eared owl. References: California Natural Diversity Database (CNDDB), California Department of Fish and Game, Natural Heritage Division Kan, Tamara, Report: Special Status Plant Survey, Mid-May 2001 —March 2002 Seymour, Rich and Westphal, Mike, MROSD Amphibian Survey 2000: Results of a one- year survey for amphibians on lands managed by the Midpeninsula Regional Open Space District in the Santa Cruz Mountains of California. June 1, 2000. hftp://www.owlpages.com/species/asio/otus/DefauIt.htm. Accessed on April 2, 2003. USGS website, hftp://www.mbr-pwrc.usgs.gov/id/framist/i3660id.html. Accessed on April 2, 2003. 3 s-tnr200� Presentation Gtentcr Ketreats and Conreren,.es Presentation Center and Midpeninsula Frt5crv(-_ the Kcdwood Forests Togetket- } iU194 , The District serves the Bay Area by acquiring, permanently protecting, and restoring lands to form a re�gional open s ace greenbelt, preserving, unsoiled wilderness, wildlife habitat, watershed, view shed and fragile eco-systems. By linking District land with other park lands, a continuous greenbelt of permanently preserved open space is formed that may be enjoyed for generations to come. Since 1972, the District has permanently preserved over 45,500 acres of mountainous, foothill and bay land open space. Mike Williams, the District's Real Property Representative, stated that both the District and Presentation. Center have mutual respect for each other's goals. He stated, "As a neighbor of Presentation Center, I Tom Fischer and Alike Williams of the District join with believe the District's use and management of the preserve Sister Patricia lllarie lllul eterc and Alary AlcCullough provides additional open space and nature experiences for of Presentation Center. the Center and its guests and ensures that the environment surrounding the Center's facilities will The surrounding neighbor of Presentation Center, remain in a natural condition in perpetuity. klidpeninsula Regional Open Space District (the District), is soon going to become even closer. Presentation Center is currently closing negotiations bP1<PvP the District's ZISP and T'tlaYla EYtZPYlt o with the District to sell ll7-acres of natural habitat and f open space. The remaining 67-acres will remain the core the preserve provides additional open space and campus of Presentation Center. Sister Patricia Marie �) Mulpeters stated, `'The 264-acres purchased by the nature experiences for the Center and its KtJC-St,. Sisters of the Presentation in 1956 has remained intact. , `, ,In order to preserve it as open space we refrained from selling it or logging it, except for a small Christmas tree The District plans to develop trail systems through the farm. We have, however, always been concerned that we Bear Creek Redwoods Preserve which will extend from did not have the means to do appropriate forest both sides of Bear Creek Road, Summit Road and management. With the offer of the District to buy some Lexington County Park; linking Santa Clara County trails of our property and still allow our Quests to enjoy it, we with Santa Cruz County trails. While the planning, saw the opportunity to preserve the property and secure design and development of the trails will take several years funds for an endowment to maintain the Center's within the public planning process,it will ultimately facilities and programs. It is truly a win-win situation for provide an enduring open space greenbelt from which the everyone. It has been a pleasure working with the people public may openly revere the majestic beauty of the from the District." redwood forest within the Santa Cruz Mountains. 1'4480 Bear Creek Road. Los Gatos, CA 95033-9519 phone (W8 fax s prescenteroq,i June 3, 2003 L. Craig Britton, General Manager Nonette Hanko, Board of Directors MidPeninsula Regional Open Space District 0 330 Distel Circle - Los Altos, CA 94022-1404 Z m Dear Craig and Nonette: 3 n I have been meaning to write a letter of thanks to the Board and staff for all m that you do to preserve and protect open space and the natural resources in Z our area. Consider this my letter of thanks. r 0 As some of you may know, I visit Rancho San Antonio between three and six times a week to walk or jog. It is one of my favorite places to enjoy the ° natural environment, to escape from the cares of the world, and to promote both physical and mental well being. While I may not be able to recall b ? x o D � yesterdays headlines, I always remember the times at Rancho San Antonio o 0 < o when I first saw a mountain lion, a bobcat, a coyote, a not-so-wild boar, a O o ° ; tarantula, and wild turkeys -- to name a few. LA u � , u n N N b u , I know countless numbers of people enjoy the lands you have worked to i i protect, because the number of visitors seems to grow each year. On behalf co of my family, children and grandchildren I send our sincere appreciation for all that you do to keep this a great place to live and work. Sincerely, Dianne McKenna June 5, 2003 Board Members Midpeninsula Regional Open Space District 330 Distel Circle Los Altos CA 94022-140 I wish to thank the board for its increased committment to resource management. Doubling the number of field staff hours dedicated to special resource management projects is an encouraging evolution of policy. As a specific example of this evolution I cite my experience when I contacted Resource Manager Cindy Roessler about a large patch of Spanish Broom growing and virtually blocking the trail leading to the Peters Creek Waterfall on Long Ridge Open Space Preserve lands. Some trail users hacked away at the broom to keep the trail open. This "pruning" only caused the patch of broom to expand. Ms. Roessler said she would include the task of removing the Spanish Broom to her list, adding that if locals or volunteers could provide the follow-up needed during the next few years to remove sprouts as they appear, she could give the task a higher priority on the list. Locals volunteered and in a very short time Ms. Roessler's crew removed the patch of Spanish Broom. Locals regard this trail and the Waterfall as a special location with much history and myth. This is but one example of the several recent welcome efforts by resource management. Others that I am aware of include habitat restoration at Pulgas Ridge OSP where broom and acacia were removed, grassland management at Russian Ridge OSP where in the area of last autumn's burn there is now a marvelous display of Layia fremontii (Tidy Tips), and truckloads of French broom were removed at La Honda Creek Preserve that had been crowding out the beautiful and rare Kings Mountain Manzanita. Applause for the evolution of policy increased committment to resource management while continuing the pig depredation program. Keep moving in this direction! Sincerely, Ruth Waldhauer 22400 Skyline Blvd. Box 35 La Honda CA 94020 6-T2-03; 10;67AM;H0A0r601Q A"M4 9*"** ;650 323 7283 7I 2/ 2 y . v l 4'• � !Y V�r /I4iiLC? I / � June 11, 2003 I The Honorable 1Vonette Hanlzo and the B i oard of Directors Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, California 92022 Dear Nonette and the Board of Directors of MROSD, I'm writing in support of the rogram proposed by the&lidpeninsula Regional Open Space District to extend its boundaries to inc 5e the coastside portion of San Mateo County. For 30 years, the District has served a vital role in providing environmental stewardship and low-intensity recreational opportunities on the midpeninsula, and can now provide critically needed, locally based services on the San Mateo coastside. �) The expanded District will provide services to preserve and manage o en space lands west of Ayline ! Boulevard, preserve agricultural lands on the coast, preserve the rur e provide land ma � haracter Of the coastal region, p na ement services for other land-owning and ownin agencies, otection and public safety through increased presence of highl skilled staff,and offer the public Uer opportunities for y ecologically-sensitive recreational uses and environmental education. The District's proposal envisions purchasing land from willing sellers onl often through acquixin conservation or agricultural easements. Further communityoutreacli� d ease community concerns about the use of eminent domain. an education programshelp to residents and the District, this expansion will help preserve th�C astside's natural beauty ration ewhile being ea financial and cultural resource for local citizens. The Open Space District's coastal annexation rogram will greatly enhance the protection of the pristine open spaces and agriculture of the San Mateo�ounty coast, one of the last remaining unspoiled coastlines so near to one of the world's major uxban areas. I encourage you to move forward with the proposed extension of the District's boundaries to include the uniquely valuable habitat, agricultural and recreational resources of the San Mateo coast. Thank you for your work on this historic coastal preservation effort. ,Sincerely, AnTla- Y_—i` embe0x of Congress cc' Nls. Stephanie Jensen, i14idpeninsula Regional Open Space District JUN 6 BAY AREA RIDGE TRAIL *M COU NCI L June 13`h,2003 L. Craig Britton Midpeninsula Regional Open Space District 330 Distel'Circle Los Altos Hills, CA 94022-1404 Subject: Ridge Trail L MROSD Trail Dedication Dear Craig: I am delighted to announce that on June 12`I'the Bay Area Ridge Trail Council Board of Directors approved the dedication of the Woods Trail,Kennedy Trail,and Priest Rock Trail alignment to. Lexington Reservoir. ' We're requesting a formal dedication ceremony to be held this fall. We've. looked at out calendars and'are proposing Saturday,November 8t'as our first choice, and Saturday,October 25'h as'our second choice for dedication ceremony dates. You and I discussed coordinating invitations from our office,which we would be happy to do. There may be other logistical items that either our staff or our Santa.Clara County Committee ., members can help with. We propose to meet soon to begin organizing the event. Because of the unique route.of the trail,with the westernmost 1.5 miles being within Lexington County Park,we would like to invite and include Santa Clara County Parks staff as part of the celebration. Please let me know if either of these dates will work for you and your Board. We're planning a July mailing to our membership asking them to"save the date"for four dedication events planned for this fall. If staff can finalize a date by July 1',that would be ideal. Bob Power is the contact for.this event here in our office. You or your staff can contact him at 415-561-2595-. We'rs!looking forward to one of the most significant Ridge Trail dedications in the past decade. Most Sincerely, . Holly Van Ho en Executive Director 1007 GENERAL KENNEDY AVENUE,SUITE 3,SAN FRANCISCO,CALIFORNIA 94129-1400 PHONE (415) 561-2595 FAX((415) 561-2599 www.�idgetraii.org info@ridgetrail.org P Regional Open Space g P x...w....•,«...«................. . «.+++».,ea.«'.,•«.....-w.�.✓°^.,."`.»<o T. ,,.,y,. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To: Board of Directors From: L. Craig Britton, General Manager Date: June 25, 2003 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 Memorandum � � To: Board o/Directors � Cc Craig Britton,General Manager � � From: EkainuCuzick [ate: June 24,2003 Fe: Art of Saving Oaks Festival � � On June 21st, Public Affairs and Operations staff (Ekaine Cuzick Jessica Morgan, Cindy Roessler, Renee � Fitzsimons, and Elisa Wickham) participated in the OArt of Saving Oaks Festivalo at the Filoli Mansion and � Gardens. � � As part ofthe festivities, Filoli invited a number of organizations involved with the preservation of oaks to � participate ina small exhibitor area for visitors to view materials varying from Sudden Oak Death (SOD)to � acorn planting. Fi|o|i also provided a number of lectures and hikes in which members and visitors could � participate. � The visitor traffic varied from people interested in what they could dotn save their oak trees from SOD, � viewing the beautiful artwork on display,to taking hikes in Filoli's oak woodlands. Cindy, Jessica, and | decided to focus the District exhibit on the variety and number cfoaks that can be � found on District lands. Out of the 18 species of oaks located inCalifornia, 12 species can belocated in � our open space preserves. We used the new District display Vm showcase a District oak locator, and a number ofbeautiful photos showing the different oak varieties. Visitors could pick up our usual literature plus a handy "Oak Species of the Midpeninsu|a Regional Open Space District," pamphlet, which is ���hadbu�ismemo � . � � � 9PoOa1 The many layers of the forest canopy and the Oak Species of the thick, The mission of the Midpeninsula brushy understory create a shelter for Midpeninsula Regional Open forest dwelling species, including squirrels, Space District raccoons, bats, tree-cavity and shrub-nesting Regional Open Space District is: p birds, skinks, western toads, and ringneck snakes. The shade of the oak forest provides "To acquire and preserve a regional a cool respite from summer heat for the greenbelt of open space land in bobcat and gray fox. During the late perpetuity; protect and restore the summer and fall, the large crop of acorns natural environment; and provide provides a winter food supply for deer, gophers, feral pigs, birds, and insects. opportunities for ecologically sensitive public enjoyment and California r Scrub It education." Oak 2 , >� Jr Canyon Live Oak r There are hundreds of oak species around the world, indicating that oaks have evolved a ` over a long period of time, and that they are an adaptable species. Of the 18 species of !1 oaks in California, 12 tree and shrub oak species occur on the widely varying climate and soils of the 26 preserves of the Scrub Midpeninsula Regional Open Space District. � '�� Oak �' Coast live oak and valley oak are the common oaks of the valley floor. Blue err; �b oaks occur on drier slopes, while the r.> +' California black oak, canyon live oak, and h'' > interior live oak are more common in the mixed evergreen forests on the slopes of Tan Oak the Santa Cruz mountains. Scrub and leather oak occur in the drier chaparral Midpeninsula Regional plant community. Coast ro Open Space District Live ` Acorns are the unique feature that best Oak 330 Distel Circle distinguishes oaks. All that is needed to identify -�. the type of oak is its distinct acorn cap . Los Altos CA 94022 Tel: 650-691-1200 Oak forests are an important wildlife habitat, Fax: 650-691-0485 providing food, nesting areas, and cover for a Email: info@openspace.org wide range of creatures. (continued) OAK SPECIES OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT I Species of Oak BC CC EC ES FH FO LH LR LT M8 PI PR PC RS RR SG SA Sj. SR TH TW WH i Blue Oak Quercus douglasli California Black Oak Q.keiioggi Canyon Live Oak • • • • • • • 0 0 • • • • • Q. chrysolepis Coast Live Oak • • • • • • • • • • • • • • • 0 • Q. agrifolia I Interior Live Oak • • • • • • 0 I Q. wislizenii Leather Oak Q. durata 1 Oracle Oak • I Q. X morehus Oregon Oak • Q. garryana Scrub Oak 0 0 0 0 0 9 • 1 Q. berberidifolia Shreve Oak • 1 Q. parvula var. shrevei Tan Oak 0 • • Lithocarpus densiflorus Valley Oak • 0 Q. lobata Information from Natural Resources Database 2003 Open Space Preserve Indicator: BC- Bear Creek Redwoods CC- Coal Creek EC - El Corte de Madera Creek ES - El Sereno FH - Foothill FO- Fremont Older LH - La Honda Creek LR - Long Ridge LT- Los Trancos MB -Monte Bello P1 - Picchetti Ranch PR - Pulgas Ridge PC- Purisima Creek Redwoods RS - Rancho San Antonio RR - Russian Ridge SG -Saratoga Gap SA- Sierra Azul SJ - St.Joseph's Hill SR -Skyline Ridge TH - Teague Hill TW -Thornewood WH -Windy Hill INTEROFFICE MEMORANDUM June 23, 2003 TO: L. Craig Britton, General Manger FROM: G. Baillie, Management Analyst SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY Month May Year 2003 VIOLATIONS CITES TOTALS CRIMES CITES TOTALS Bicycles Poss marijuana 1 4 Closed area 4 6 Speed 8 12 ACCIDENTS/INCIDENTS Helmet 8 10 Bicycle accident 3 Night-riding 2 2 Equestrian accident 0 Unsafe operation 2 3 Hiking/running accident 3 Dogs Other first aid 0 Prohibited area 2 4 Search &Rescue 0 Off-leash 11 17 Vehicle accident 0 Off-road vehicles 0 3 LZ air evacuation 1 Closed area 0 3 Fire 0 After hours 1 3 Fishing 0 0 ENFORCEMENT Vandalism 0 7 Parking citations 32 Parking 18 19 Other citations 42 Parking after hours 14 24 Written warnings 41 Dumping/littering 0 1 Arrests 1 Campfires 0 1 Police assistance 1 Camping 0 0 Weapons MUTUAL AID Actual contact 0 9 Accident 9 Report only 0 1 Law enforcement 3 P Y — — Evidence of 0 0 Landing zone off-site 2 Co llecting plants 0 2 Search &Rescue 0 gp — — Exhib speed/lot damage 1 2 Medical aid 0 Golf ball damage to vehicle 0 1 Group w/out permit/littering 0 1 Alcohol prohibited 2 2 Damage to trees 0 1 Smoking 0 8 SUMMARY OF SIGNIFICANT INCIDENTS BY DATE Date 1 The lessee at Long Ridge OSP reported the sound of shots fired to radio dispatch. Rangers responded but were unable to locate suspects. Sheriffs also responded for officer safety. 2 R. Carlson stopped a driver in Monte Bello OSP parking lot for spinning donuts with his car. A wants and warrants check indicated the driver had felony warrants. Palo Alto Police and additional rangers responded to the scene. The vehicle was searched and marijuana and paraphernalia were found. The driver was issued a District citation, and arrested by Palo Alto Police . I 3 M. Newburn reported two Pitt bulls running loose adjacent to Rancho San Antonio OSP. K. Carlson and C. Sparks-Hart responded, recognized the dogs, and followed them to a residence. Santa Clara County Animal Control was requested, as the two dogs are suspected of attacking a cow at Deer Hollow Farm. Animal Control arrived and contacted the owner. The dogs were not at the residence. Animal Control cited the owner for two counts of dogs running loose. 8 A visitor returned to his vehicle in the Fremont Older parking lot and found his windshield cracked, and a golf ball next to the vehicle. The visitor had only been away from his vehicle for a few minutes. The visitor filed a complaint with K. Miller, and later followed up with administrative staff. 14 C. Baressi found and removed a rope swing in Coal Creek OSP. Several small trees had been cut down to make way for the swing. A large oak had also been damaged by the use of a hand ax. 14 Rangers found evidence of a warming fire and damage to the Monte Bello parking lot surface by a vehicle spinning donuts. A vehicle had been issued a citation the previous night for after hours parking in this lot. 16 Profane graffiti directed at the Bureau of Land Management, and environmentalists, was found by B. Malone on the Ravenswood signboard. Pictures were taken and the graffiti was removed. 23 Rangers found evidence (fresh tracks and vegetation damage)of what is being termed"Free- riding"off of Whittimore Gulch Trail in Purisima Creek Redwoods OSP. "Free-riding"is riding a mountain bike straight down hill through almost any type of vegetation. 24 An anonymous report was received of a dog that had been left in a vehicle at Rancho San Antonio OSP. The dog was either let out or escaped. K. Miller, J. Mort, B. Malone, and A. Correia were unable to catch the dog. The owner arrived, collected her dog, and said she left him in the car because she thought it was better than taking her dog onto the trail. A dog prohibited citation was issued. 24 B. Malone was operating radar at Sierra Azul and stopped a bicyclist riding 40 mph. A citation was issued. . 31 As a result of monitoring the activities of the Hash House Harriers, a group that stages illegal drinking/running events on public lands, rangers were able to prevent a planned unpermitted group running event. D. Danielson contacted two group members inside the preserve; they were carrying two twelve-packs of beer. Both received citations for possession of alcoholic beverages. The remainder of the group arrived at the Skyline Ridge parking lot, met briefly, and then left together in their vehicles. 31 K. Miller, F. Reneau, and C. Sparks-Hart assisted Santa Clara County Parks with a"power line down" call at Stevens Creek County Park. District rangers closed a connecting trail from Fremont Older and helped keep the public from straying into the area. Santa Clara County Fire and PG&E responded and took control. 31 Nine juveniles at Mora water tank were shooting at each other with hard plastic pellets from realistic- looking replica pistols. They were issued written warnings by C. Sparks Hart,J. Smith, and M. Newburn for discharging firearms. May Vandalism 1 Scorpion rock was spray-painted with"tagging"at St. Joseph's Hill. 15 A directional sign at Monte Bello OSP was scratched. 16 Graffiti was written on the signboard at Ravenswood. 16 Someone spray painted inside the lower Purisima restroom with red paint. 16 At the former air base in Sierra Azul a window was broken in one building and electrical switches were removed and stacked in another building. 28 A barrier post installed to prevent motorcycle access in Sierra Azul was stolen. 30 An exterior gate was rammed by a vehicle at El Sereno.