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20040428 - Agendas Packet - Board of Directors (BOD) - 04-10
Regional Open Sp., _e ~- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT (:EI.EBRA'IING 30 YEARS OF OPEN SPA(:E PRE.SEL.RVAIION WISED Meeting 04-10 TO INCLUDE A SPECIAL AND REGULAR MEETING SECOND SPECIAL BOARD OF DIRECTORS MEETING MIDPENINSULA REGIONAL OPEN SPACE DISTRICT BEGINNING AT 6:30 p.m. 9:05 PM Wednesday,April 28, 2004 330 Distel Circle Los Altos, California AGENDA* Please Note: 6:30 p.m. Closed Session Special Meeting Start Time 7:30 p.m. Regular Meeting Start Time 9:05 p.m. Special Meeting 6:30 ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT—CLOSED SESSION The Closed Session will begin at 6:30 p.m. At the conclusion of the Closed Session,the Board will 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): one case 2. Conference with Real Propegy Negotiator- —Government Code Section 54956.8 Real Pro e —Santa Clara County APN 558-33-033 p �' tY Agency Ne otg iator—Michael Williams, Real Property Manager Negotiating Party—Kristin L. Johnson for the Estate of Marie B.Neville 3. Conference with Real Property Negotiator—Government Code Section 54956.8 Real Property—Santa Clara County APN 558-26-004 Agency Negotiator—Michael Williams, Real Property Manager Negotiating PaM—Jim Meech, Broker,representing Sam Curto 7:30* REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ** ORAL COMMUNICATIONS—Public ADOPTION OF AGENDA—M. Davey *** ADOPTION OF CONSENT CALENDAR—M. Davey BOARD BUSINESS 7:45* 1 Informational report from Shelterbelt Builders, Inc. regarding invasive plant control on District 33o Distel Circle 650-691-1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hassett,Kenneth C Nitz L.Craig Britton I -- - - - - - - - - - - - - Meeting 04-10 Page 2 lands—C. Roessler 8:15* 2 Consideration of Permit to Enter for the United States Department of Agriculture Wildlife Service (APHIS-WS)to conduct predator management activities at Ravenswood Open Space Preserve and authorization for the General Manager to approve minor revisions to the Permit to Enter—A. Ruiz 8:30* 3 Consideration of a process for compliance with the conditions of San Mateo LAFCo approval of the Coastside Protection Program and consideration of referring the matter to the Legislative Administrative&Public Affairs Committee to receive public input and develop appropriate Resolutions for full Board consideration at a subsequent public meeting—C. Woodbury 8:35* 4 Approval of License Agreement with residents of Sheldon Road for the District to manage a public trail across a portion of Sheldon Road to access El Serena Open Space Reserve,with authorization of the President of the Board of Directors or the General Manager to sign the License Agreement for the District and any required Certificate of Acceptance with the residents of Sheldon Road. —T. Fischer 8:50* 5 Authorization to amend current contract with HRI3 Construction, Inc. for Change Order items related to Santa Clara County Fire Marshal's requirements for construction of the Foothills Field Office Maintenance Shop Building,authorizing a contingency amount of up to$18,717 for a total contract amendment not to exceed$112,305—S. Schur 9:00* 6 Authorization for payment and appropriation of budgeted funds for legal services from the law firm of Shute, Mihaly and Weinberger in connection with Half Moon BqY Coastside Foundation v. Midpeninsula Regional Open Space District and to provide legal services related to the Coastside Protection Program in an amount not to exceed $96, 000—S. Schectman 9:05* THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT WILL ADJOURN AT THIS TIME TO CONVENE A SECOND SPECIAL MEETING. THE DISTRICT'S REGULAR MEETING WILL RE-CONVENE AFTER THE ADJOURNMENT OF THIS SECOND SPECIAL MEETING. 9:06* ADOPTION OF MINUTES • January 21, 2004 • January 28, 2004 9:15* APPROVE WRITTEN COMMUNICATION THIS SECOND SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT WILL ADJOURN AT THIS TIME TO RE-CONVENE THE REGULAR MEETING 9:20* RECONVENE THE REGULAR MEETING OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 9:21* INFORMATIONAL REPORTS—Brief reports or announcements concerning pertinent activities of District Directors and Staff. REVISED CLAIMS 9:45* ADJOURNMENT Meeting 04-10 Page 3 Times are estimated and items may appear earlier or later than listed Agenda is subject to change of order. TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during Oral Communications. Each speaker will ordinarily be limited to three minutes. Alternately,you may comment to the Board by a written communication, which the Board appreciates. All items on the consent calendar may be approved without discussion by one motion. Board members, the General Manager, and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. 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. Apr 27 04 08. 08a M R 0 S D 650 691 0485 p. 2 i e , a '�� Q ��I►►VVV - MaAv and JacK Dav*v 650 941 5022 P.01 Apr 27 04 osso9a M R 0 G D 050 691 q485 P.2 Mary Davey 12645 La Cresta Dr, Los Altos Hills,Ca 94022 April 27-2004 L.Craig l3rittoll, General 'Ma nager Midpeninsula Regional Open Space District 330 Distel Cr, Los Altos, CA 94022 Dear Craig, I would like to call a special meeting Of the Board of Directors for April 28) 2004 at the Completion of the Regular Board Meeting Of the Sarne date for the purpose of i cluding of the Board. nt for approval prior meeting Minutes and a response letter to the Skyline Water DePartme Thank you. Mary Davev 30fird President Kegional Open Sp.-..I-e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT I 1,1=B It%I IN(; 30 YF A S OF 0 P FN SIIA(F P 1ZFSFRVAI'I0N Meeting 04-10 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 6:30 p.m. Wednesday,April 28, 2004 330 Distel Circle Los Altos,California AGENDA* Please Note: 6:30 p.m. Closed Session Special Meeting Start Time 7:30 p.m. Regular Meeting Start Time 6:30 ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT—CLOSED SESSION The Closed Session will begin at 6:30 p.m. At the conclusion of the Closed Session,the Board will 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. I. Conference with Legal Counsel—Anticipated Litigation Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(b): one case 2. Conference with Real Property Negotiator—Government Code Section 54956.8 Real Property—Santa Clara County APN 558-33-033 Agency Negotiato —Michael Williams, Real Property Manager Negotiating Party—Kristin L. Johnson for the Estate of Marie B.Neville 3. Conference with Real Property Negotiator—Government Code Section 54956.8 Real Property L—Santa Clara County APN 558-26-004 Agency Negotiato —Michael Williams, Real Property Manager Negotiating Party—Jim Meech, Broker,representing Sam Curto 7:30* REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ORAL COMMUNICATIONS—Public ADOPTION OF AGENDA—M. Davey ADOPTION OF CONSENT CALENDAR—M. Davey BOARD BUSINESS 7:45* 1 Informational report from Shelterbelt Builders, Inc. regarding invasive plant control on District lands—C. Roessler 33o Distel Circle 650-691-1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz L.Craig Britton Meeting 04-10 Page 2 8:15* 2 Consideration of Permit to Enter for the United States Department of Agriculture Wildlife Service (APHIS-WS)to conduct predator management activities at Ravenswood Open Space Preserve and authorization for the General Manager to approve minor revisions to the Permit to Enter—A. Ruiz 8:30* 3 Consideration of a process for compliance with the conditions of San Mateo LAFCo approval of the Coastside Protection Program and consideration of referring the matter to the Legislative Administrative& Public Affairs Committee to receive public input and develop appropriate Resolutions for full Board consideration at a subsequent public meeting—C. Woodbury 8:35* 4 Approval of License Agreement with residents of Sheldon Road for the District to manage a public trail across a portion of Sheldon Road to access El Sereno Open Space Reserve,with authorization of the President of the Board of Directors or the General Manager to sign the License Agreement for the District and any required Certificate of Acceptance with the residents of Sheldon Road. —T. Fischer 8:50* 5 Authorization to amend current contract with HRB Construction, Inc. for Change Order items related to Santa Clara County Fire Marshal's requirements for construction of the Foothills Field Office Maintenance Shop Building, authorizing a contingency amount of up to$18,717 for a total contract amendment not to exceed $112,305—S. Schur 9:00* 6 Authorization for payment and appropriation of budgeted funds for legal services from the law firm of Shute, Mihaly and Weinberger in connection with Half Moon Bay Coastside Foundation v. Midpeninsula Regional Open Space District and to provide legal services related to the Coastside Protection Program in an amount not to exceed $96, 000—S. Schectman 8:45* INFORMATIONAL REPORTS—Brief reports or announcements concerning pertinent activities of District Directors and Staff. *** REVISED CLAIMS 9:00* ADJOURNMENT * Times are estimated and items may appear earlier or later than listed.Agenda is subject to change of order. ** TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during Oral Communications. Each speaker will ordinarily be limited to three minutes. Alternately,you may comment to the Board by a written communication, which the Board appreciates. *** All items on the consent calendar may be approved without discussion by one motion. Board members, the General Manager, and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. 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 5 ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 04-02 SPECIAL MEETING BOARD OF DIRECTORS January 21, 2004 MINUTES SPECIAL MEETING I. ROLL CALL President Mary Davey called the meeting to order at 7:00 p.m. Members Present: Jed Cyr(arrived at 7:05 p.m.), Larry Hassett, Deane Little (arrived at 7:10 p.m.), Ken Nitz, Pete Siemens, and Mary Davey Members Absent: Nonette Hanko Staff Present: Craig Britton, Cathy Woodbury, Sumudu Welaratna, Matt Freeman, John Maciel, Sally Thielfoldt, Ruthie Haral-Kremer, Duncan Simmons, Rudy Jurgensen, David Sanguinetti, Del Wood, other rangers M. Davey outlined the procedure to be followed at this meeting, noting that staff would make a presentation, Board Members would comment and ask questions, public input would be received, and the Board would take action. 11. ADOPTION OF AGENDA Motion: L. Hassett moved that the Board adopt the agenda. J. Cyr seconded the motion. The motion passed 5 to 0. 111. BOARD BUSINESS A. Agenda Item No. I —El Corte de Madera Watershed Protection Plan staff report (Report R-04-10). M. Freeman provided the history of the project and described the main elements of the program: Substantial design upgrade, long-term monitoring, environmental education and outreach, and specific changes to the trail plan itself. D. Sanguinetti reported that CDF would like to keep as many roads as possible. They are satisfied with the access. All roads proposed for removal have alternative access. L. Hassett expressed concerns about whether fire trucks could get through. He also had questions about the monitoring program and asked that staff be more specific on how much monitoring will be done. He asked how we are going to tell how well this works. M. Freeman spoke about the in-stream monitoring program, stating that it is in the research and development stage. Resource agencies have recommended four permanent monitoring stations to measure 330 Distel Circle - Los Altos, CA 94022-1404 # Phone: 650-691-1200 Fax: 650-691-0485 * E-mail: mrosd@openspace.org * web site: www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, Deane Little, Nonette Hanko, Larry Hassett,Kenneth C.Nitz - General Manager:L.Craig Britton Meeting 04-02 Page 2 turbidity, dissolved sediment, and water clarity. He described systems used by other agencies. The District can compare their results to other similar sites. He said volunteers would be monitoring. L. Hassett encouraged staff to do side by side measurements. L. Hassett was concerned that staff is planning to close several trail sections and asked how we would ensure that the closed trails remain closed. M. Freeman said they would use the following methods: 1. Education with signs. 2. Increased vigilance by staff. I 3. Involvement of user groups in design, construction, and maintenance so that there is a greater sense of ownership. 4. Expansion of Trail Patrol Volunteers. L. Hassett asked why other districts have not commented on the Negative Declaration. M. Freeman said they typically do not comment unless there are egregious omissions. D. Little suggested that they fix trails before closure when possible. M. Freeman said that is the proposal. In regard to sedimentation markers, D. Little asked if there were any that could be used. M. Freeman said he was not familiar with that method. He reiterated the importance of Tim Best's visual assessments. K. Nitz asked about ecological integrity. M. Freeman said the program will eliminate the human-caused sediment. He added that they are trying to balance protection with use. K. Nitz asked which were more important, mountain bikes or ecological protection? C. Britton said they are trying to balance that. K. Nitz asked if Item 3 on page 4 of the Program (Inspect Repair Sites) could be through 2007. M. Freeman said it could. He informed him that the list of culverts was located in Appendix D of Tim Best's report. K. Nitz referred to Item 4 of Table 3 on page 6 (Implement a Pilot In-Stream Monitoring Project), noting he thought they should be going through 2008. M. Freeman stated that if they find methods that are practical and work, they would continue with them. Meeting 04-02 Page 3 K. Nitz said there needed to be signage at all trailheads stating what we are doing. Also, there was no explanation of which work would be done by staff and which will be done by contractors. M. Freeman said staff will do all narrow trails, and the drivable trails will be contracted out. Regarding implementation, M. Freeman said they are working on a schedule. It is based on a five-year implementation plan, but they want to do it in three years. The goal is to not close the entire preserve. By late spring, the contractor will be required to provide a timetable. M. Freeman said virtually everything except for simple maintenance requires permits. They hope to get permits in time to allow for dry season construction. M. Freeman talked about how it could affect construction if cooper hawks are present. Discussion followed regarding steelhead trout in the creek and whether they spawn on District land. K. Nitz thought there should be a survey of where they are. M. Freeman said that was under the jurisdiction of other agencies. They could survey every second or third year. M. Freeman said he estimated there were 18 miles of illegal trails that have been closed and restored for the most part. He said the closures seem to be effective. K. Nitz referred to page 40 of the Negative Declaration that talked about providing more single-track trails. M. Freeman said it was possible that could increase the preserve's popularity. M. Freeman talked about the timeline on monitoring stations. He said in the short term, they propose to use inexpensive material. He talked about the pilot program. After that, they would look for automated equipment. They are not collecting data now. P. Siemens commented that he wanted the District to be able to know if the project is accomplishing what they want it to. Getting the right equipment might save money in the long run. J. Cyr asked if there would be monitoring equipment where the streams exit the preserve. M. Freeman said the Virginia Mill site is located just about where the stream exits the preserve. M. Davey called for public comment. Patty Ciesla, 27150 Moody Ct., Los Altos, Hills, said the Soquel State Forest has a similar situation and offers some important lessons for us. The volunteer trail program is very successful. She suggested a change to the trails plan to recommend closing Lower Fir. She thought they should turn it into a trail and use it as a demonstration project. M -cctm�i4 02 Page 4 Nancy Whyte, 1018 Barbara Avenue, Mountain View, member of ROMP, said she had nothing to add. Paul Nam, President of ROMP, also a member of the Trails Advisory Council for State Parks, said he supported the program. He said mountain bikers have to take responsibility. He suggested doing some planting of native trees in partnership with the mountain biking community. He said they know they will have to suffer closures during some time of the year. The trail work season is from mid April to mid October so it is important to get rolling. John Shalamskas, 139 Ortega, Mountain View, member of ROMP, MROSD docent,NMBP, said he supported the idea. He said he thought he had seen every trail in the preserve. He said the biggest source of sediment is poorly engineered trails. He appreciated the District trying to accommodate users by not closing the whole preserve. Stuart Bowen, 2312 Hopkins Avenue, Redwood City, said he thought the plan was good but was worried about the question about mountain bikers or ecology. Paul Nam said that on February 14 IMBA was coming to Morgan Hill. He invited those present to the event. Claire Nippress, ROMP, said she loved ECDM and the nature in the preserve. C. Britton talked about the four aspects: Volunteer Trail Patrol, Preserve Partners, special projects, and community outreach. L. Hassett commended staff. He said he would support the program, but a little reluctantly. He believed the preserve should have been closed upon acquisition and gone through a thorough master planning process. He said he would be looking closely at it for the next few years. D. Little, speaking as chairman of the Use and Management Committee, acknowledged staff and ROMP for their active input. He requested that the bike community do two things: 1. The District has some serious problems with invasive plants. He asked that if they take their bike to other states or preserves, that they clean the mud off before entering District preserves. 2. He said they have to make difficult decisions that balance uses and the purpose of the District's mission. He asked that if they run across members of their groups who violate District rules, they communicate with them. Meeting 04-02 Page 5 J. Cyr commented that the preserve was purchased in 1986. He has been on the Board since 1996. He said the plan strikes him as the next phase to work toward a whole-preserve trail plan. Motion: J. Cyr moved that the Board approve, with date changes as discussed, the Mitigated Negative Declaration and Mitigation Monitoring Program in accordance with the California Environmental Quality Act(CEQA), and adopt the CEQA and De Minimus Findings as set out in the staff report; approve the El Corte de Madera Creek Open Space Preserve Watershed Protection Program to protect and restore watershed integrity while maintaining opportunities for year-round, multiple-use recreation and environmental education; amend the Use and Management Plan for El Corte de Madera Creek Open Space Preserve to reconstruct and/or realign portions of the Leaf, Fir, Giant Salamander, Crossover, and Blue Blossom Trails to reduce erosion potential; waive the requirement for a second and final reading of the adoption of the Use and Management Plan amendment because of the need to secure permits in order to begin construction during the dry season of 2004; amend the contract with Timothy C. Best to provide for additional engineering geology services necessary to develop construction standards and details, to assist in the preparation of bid documents, the selection of professional road and trail repair contractors, and securing of required environmental permits, and to document the quality of the project repairs for the California Resource Agencies; and authorize staff to seek bids for road and trail improvement contracting services. D. Little seconded the motion. Discussion: P. Siemens said he appreciated the effort and hoped they can solve the problem. He thought this was a good approach. Roll Call Vote: AYES: Directors Cyr, Hassett, Little,Nitz, Siemens, Davey NOES: None ABSENT: Director Hanko ABSTAIN: None At 8:50 p.m., the meeting was adjourned. Roberta Wolfe RecordingSecretary Y I Claims No. O4-D Meeting 04-03 � Date 01/28/04 � Revised � Midpeninsula Regional Open Space District � � � # Amount Name Description 7114 $33.332.43 om»aovvamo Coastal Annexation Consultant Study 7115 *584.56 A Royal Wolf Portable Storage SmnaqeRunum|Units-FFO 7116 $121.89 All Laser Service Printer Service 7117 $555.57 Allied Auto Works Vehicle Service and Repairs 7118 $1.200.00 American Red Cross Emergency Response Training 7119 $2.600.00 AncturvoGPS&Conventional Surveys Pu|gos Ridge Land Survey 7130 $93.24 Board urEovmoanon Fuel Tax for Diesel � 7121 $127.43 California Water Service Company Water Service � 7122 $83.00 Casaetto.Mark Reimbursement'Uniform Expense � 7123 $20.57 Cascade Fire Equipment Company Field Supplies 7124 $80.00 Clark Pest Control Pest Control 7125 $215.57 Cole Supply Cv,Inc. Janitorial Supplies � 7126 $1.875.00 Concern EAP Quarterly Fee 7127 *us.00 `1 County of San Mateo ECDM Creek Road Assessment � 7128 $1.213.50 Dell Corporation Precision Desktop'Planning Department 7128 $*3.26 Federal Express Express Mailing � 7130 $194.85 Forestry Supplies,Inc. Field Supplies � � 7131 $14.92 Foster Brothers Keys 7132 $524� G&KGerv�co Shop � � 7133 $350.98 G.P.Gpurts ATV Repairs 7134 $5.300.00 Gary}8onu&Associates,Inc. Surveyor Services'Sierra Azu| � 7155 $550.32 Green Waste Recovery,Inc. Garbage Services � 7136 $668.67 Gozman.Ben Roimbum*mont-AcauemyExpanoeo 7137 $28.52 Honda Peninsula Field Supplies 7138 $69.05 Lab Safety Supply Field Supplies 7133 $1.808.77 LrR Levine Fricke Engineering 8 Design Services'Pu/ganRidge 71*0 $131�01 Life Assist First Aid Supplies 7141 $392.54 Los Altos Garbage Co. Refuse Services 71*2 $75.39 M0 Long Distance Telephone Service 7143 $38578 mnKowmn.Pau/ Reimbursement-unV4CPRSConference 7144 $856.00 Miller,Starr&Regalia Legal Services 7145 $281.00 Monster Mechanical,Inc. xvAC Maintenance-Admin.Office&Tenant Space 7146 $36J6 Northern Tool&Equipment Co. Vehicle Supply 7147 $818J9 Office Depot Office Supplies 7148 $83.59 Vnanuinai|n, Trailer Accessories 7149 *4.380.00 Primary Consulting Services Recruitment Services 7150 $8.00 Rancho Cobbler&Cleaners Uniform Patch Application 7151 $36.13 Rayne Water Conditioning Water Conditioner Service 7152 *8.000.00 Reserve Account Pnmoge-poataQeMme, 7153 $19.44 Robert's Hardware Field Supplies 7154 $2.412.81 Royv Repair Service Vehicle Repairs&Service 7155 *14.18 RV Cloud Plumbing Supplies 7156 $1.023.04 San Jose Water Company Water Service 7157 *312.81 SBC Payment Center Telephone Service Page 1mc Regional Open !". ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 04-03 SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS January 28, 2004 MINUTES SPECIAL MEETING I. ROLL CALL President Mary Davey called the meeting to order at 6:10 p.m. Members Present: Jed Cyr,Nonette Hanko, Larry Hassett, Deane Little(arrived at 6:14 p.m.), Ken Nitz, Pete Siemens, and Mary Davey Members Absent: None Staff Present: Craig Britton, Susan Schectman,Cathy Woodbury,Tom Fischer, Rudy Jurgensen, Sally Thielfoldt,Mike Wiliams H. CLOSED SESSION M. Davey stated that the Board would adjourn to Closed Session to discuss Closed Session Agenda Items I and 2. The Board recessed to Closed Session at 6:1 1p.m. and the Closed Session commenced at 6:1 1p.m. The Board concluded the Closed Session at 7:20p.m. REGULAR MEETING 111. M. Davey called the Regular Meeting to order at 7:30 p.m. She announced that the Board had discussed Closed Session Agenda Items I and 2 in Closed Session and that no reportable actions had taken place. Additional Staff Present: Del Woods,John Maciel, Cindy Roessler IV. ORAL COMMUNICATIONS—There were none. V. ADOPTION OF AGENDA Motion: J. Cyr moved that the Board adopt the Agenda. P. Siemens seconded and the motion passed 7 to 0. V1. INTRODUCTION C. Woodbury introduced newly hired Resource Planner, Kirk Lennington. 330 Distel Circle • Los Altos, CA 94022-1404 • Phone: 650-691-1200 Fax: 650-691-0485 * E-mail: mrosd@openspace.org • Web site: www.openspace.org l ®FREES' 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 g 04-03 Page 2 I VII, ADOPTION OF CONSENT CALENDAR D. Little removed Agenda Item 6,Authorize the General Manager to Purchase a New Accounting Package, Including Software,Maintenance and Training from NFP Accounting Technologies in an Amount Not to Exceed$25,000 and Authorize the Expenditure for this Unbudgeted Package from Contract Services and Fixed Assets, As Described in the Bodyof f this Report. Motion: P. Siemens moved that the Board adopt the Consent Calendar, including Agenda Item 7,Approve Appointment of Director Davey as the District's Representative to the California Joint Powers Insurance Authority Board of Directors for their Annual Meeting and Appointment of Two Alternates, General Manager, C. Britton, and Acting Assistant General Manager, S. Thielfoldt; and Revised Claims 04-02, J. Cyr seconded the motion. The motion passed 7 to 0. VIII. BOARD BUSINESS i A. Agenda Item No. 1 —Approval of the Memorandum of Understanding Between the San Mateo County Farm Bureau and Midpeninsula Regional Open Space District and Authorize Staff to Sponsor and Submit State Legislation that Prohibits the District's Use of Eminent Domain in the Coastside Protection Area—(Report R-04-01). C. Woodbury talked about the process to date,noting that it provides for a true input process for the District. S. Schectman outlined the four principal terms of the Memorandum of Understanding. Jack Olsen, Executive Administrator, San Mateo County Farm Bureau,thanked C. Britton and S. Schectman and said he thought they had put together a workable agreement. He encouraged the Board to approve the MOU. He introduced George Armanino, current President of the Farm Bureau; B.J. Burns,Treasurer; and Tim Frahm, Conservation Program Director. Nina Pellegrini, 1430 Audubon Avenue,Montara,had questions about the District's proposed legislation regarding eminent domain. C. Britton stated that the agreement is conditioned on the legislation being successful. It would apply only within the Coastside Protection Area. It might take a few months to get through the legislature. S. Schectman said this legislation cannot remove the power of eminent domain from other agencies. Terry Gossett, 193 Reef Point, Moss Beach, said he was concerned about the reaction of those people already in the District who are still subject to eminent domain when the coastal annexation is merged into the 7 wards. He recommended prohibiting the use of eminent domain throughout the District. April Vargas, P. O. Box 370265,Montara, said she was very encouraged. She thanked the Farm Bureau for sticking with this and urged the District to vote in favor. She talked i Meeting 04-03 Page 3 about some of the points in the MOU document and the proposed legislation about which she felt particularly strong. Marta Sehnal asked why the District was annexing if they were not going to use eminent domain. C. Britton explained the District's desire to look at,and plan for,the coastside in a comprehensive,rational way rather than piecemeal. Marta Sehnal said this meant more regulation and they have enough. She said it would cost more money. C. Britton pointed out that the District would have no regulatory powers except on land it purchases. There would be no increase in taxes. Marta Sehnal disagreed. C. Britton referred to a letter from Anna Eshoo. Regarding taxes,Nina Pellegrini asked if there was a chance they would float a parcel tax or float a bond. M. Davey informed her a parcel tax would require a 2/3 vote. N. Hanko said it was an important night with the Farm Bureau supporting the proposal unanimously. She said she saw a very happy future if they were successful in expanding the District to the coast and thought they would be glad the District was there. S. Schectman informed the Board that revisions to the Mitigation Measures shown on Exhibit B to the Memorandum of Understanding were approved by the Board on June 6. J. Cyr commended staff and the Farm Bureau for working to come to this agreement. L. Hassett commented that he had served on the Ad Hoc Committee. He congratulated everyone involved and said he thought it would be a positive situation. Motion: L. Hassett moved that the Board approve the Memorandum of Understanding Between the San Mateo County Farm Bureau and District, and as provided in the MOU, authorize staff to sponsor and submit State legislation that prohibits the District's use of eminent domain in the Coastside Protection Area. N. Hanko seconded the motion. Discussion: D. Little said his family had experience with a relationship that can exist between an open space agency and a farmer. He said it worked well in that situation and thought it will here as well Roll Call Vote: AYES: Directors Cyr,Hanko, Hassett, Little,Nitz, Siemens, and Davey NOES: None ABSENT: None ABSTAIN: None There was a brief recess from 7:58-8:02 p.m. to allow time for signing of the documents. Meeting 04-03 Page 4 B. Agenda Item No.2 -Appointment of 2004 Board Committees,Approve Appointments to Standing and Ad-Hoc Committees as Contained in this Report, Including the Determination of Compensation Status—(Report R-04-12). M. Davey presented the report and asked for the Board's approval. Motion: J. Cyr moved that the Board approve M. Davey's appointments to Standing and Ad-Hoc Committees as contained in the staff report, including the determination of compensation status. L. Hassett seconded the motion. Discussion: K.Nitz asked about the change of the name to Real Property Committee. C. Britton explained that the committee would deal with all aspects of real property, including purchase of land, land protection, and property management. S. Schectman said the Rules of Procedure have the names of the standing committees. The Board can re-title the committees as the wish. There will need to be some administrative cleanu of that to Y P formalize it. C. Britton said staff will bring a back change to the Rules g of Procedure. P. Siemens said the Committee had met and voted to recommend the name change. They will also be looking at their charter assignments and make recommendations to the Board to formalize the kinds of issues they want to be looking at. Vote: The motion passed 7 to 0. S. Schectman talked about the change in the guidelines. C. Agenda Item No.3 -Appointment of District Representatives to the Governing Board of the Midpeninsula Regional Open Space District Financing Authority, Approve Appointment of Directors Little, Siemens,and Nitz to Serve on the Governing Board of the Midpeninsula Regional Open Space District Financing Authority-(Report R-04-13). Motion: N. Hanko moved that the Board approve M. Davey's appointment of Directors Little, Siemens,and Nitz to serve on the Governing Board of the Midpeninsula Regional Open Space District Financing Authority. L. Hassett seconded the motion.The motion passed 7 to 0. D. Agenda Item No.4-Proposed Preliminary Action Plan for the Implementation of the District's Basic Policy for Fiscal Year 2004-2005, Review the Proposed Preliminary Action Plan for Fiscal Year 2004-2005 and Discuss Possible Modifications for Review by the Administration and Budget Committee as a Part of the Budget Development Process— (Report R-04-14). M. Davey commended staff on the report. C. Britton provided an overview,noting that following tonight's discussion it will return to the Budget Committee. I. Real Property Department A. Acquisition,Funding,and Negotiation—M. Williams Meeting 04-03 Page 5 He talked about the change of the Department name and briefly described the key projects. Regarding key project 2 as it relates to the annexation area, C. Britton stated that the District's project would have to stand out in order to receive grants for acquisition. Other Projects 4-M. Williams explained why they needed the database. Other Projects I I —K.Nitz asked if this should be done before April 1. M. Williams said they are waiting on San Francisco. Construction needs to be done by next fall to get the grant. C. Woodbury said as soon as everything comes together,they will be underway on the project. B. Property Management—M. Williams Key Project 4-M. Williams said any additional leases will come to the Board for approval. Key Project 1 —M. Williams said there are 26 units, one of which is a four-plex. There are approximately 10 employee residences. Other Projects 6—M. Williams talked about the plans to extend leases on these nine acres that wrap around Horseshoe Lake. He said siltation will be addressed. L. Hassett expressed concern about the chestnut orchard,particularly parking in the area during the harvest. N. Hanko agreed that this is a problem. M. Williams said they have not found anyone interested in volunteering to help solve the problem. It was suggested that No. 7 be added, "Pursue resolution of chestnut orchard congestion." C. Britton said they do replant at the Christmas tree farm. D. Little said there are erosion problems and that the roads are not well defined. C. Britton said that is part of the renewal and would come back to the Use and Management Committee. D. Little expressed concern that many of the collectors may be reselling the chestnuts commercially. C. Land Protection—M. Williams Key Project 4 -C. Britton said they are looking at easements adjacent to the District's preserves. Key Project 3—They have completed consultation with POST regarding POST's grazing plan on the Driscoll property adjacent to District land. Other projects I —Annual report of site dedication. Other projects 7—S. Schectman said this refers to litigation that neighbors brought against Sheldon Road property owners trying to perfect an easement by dedication. The District was brought in to help facilitate a solution to that. Meeting 04-03 Page 6 Other projects 10—They are all at various stages and ongoing. D. Little agreed with L. Hassett that it would be a mistake to have kind of a patchwork of easements. He would like to see corridors connecting towns to preserves. II. Open Space Planning Department A. Planning and Geographic Information—C. Woodbury C. Woodbury reviewed Key Projects. Other projects 10—C.Woodbury noted that several items had been crossed off p J rY because they are either completed or on hold. Several things were added. Clerical errors: page 11,#4,Work and Skyline; #10 third line,remove"s"from "affects." Page 9, General Department Emphasis, fourth line from bottom,change the comma to a slash("Sierra Azul/Bear Creek Redwoods . . ." Other Projects 7—Ongoing. They have incorporated Tim Best's ideas as well as those of other specialists. Key Project 3—Can add,"finish fisheries water quality monitoring guidelines." Grassland Management Policy—will decide at Board workshop how to carry this forward. Grazing Policies—covers broader area. Discussion following regarding the process of naming preserves. Mills Creek is an interim name. Key Projects 4—Have updated what is available currently. New data is entered as it becomes available. C. Britton said this should be in Other Projects and Activities if it is ongoing. Other Activities 9—Will change wording to read, . . . "Site 25 to a standard permitting the restoration . . ."or similar wording. D. Little asked when the District acquired La Honda Creek Preserve. C. Woodbury said at least ten years ago. D. Little said it seems like the project is always in the future. C. Woodbury said the RFP is going out for the master plan. They will work with the consultant on how the Board and public will participate. L. Hassett asked if another Board Member could take over his job on the Peninsula Corridor Study. N. Hanko agreed to do so. B. Public Access Improvements and Staff Facilities—C. Woodbury Key Project 6—J. Cyr encouraged inclusion of elevations on key points of trails in brochures when they are reprinted. Meeting 04-03 Page 7 Staff Facilities, La Honda Creek Open Space Preserve Ranch House, add,"Look into grant opportunities." C. Britton said he thought there was a need for the building but they will be looking at it. Key Projects 2—C. Woodbury said staff will update the Board every year. Key Projects 3—Repeat what was in Real Property section. III. Operations Department A. Field Operations—J. Maciel Key Project Lc—First sentence to read,". . . Letter of Understanding between the District . . .". Key Projects Lc—Perhaps put in names of other agencies. Other Projects 4.e—Trying to resolve interference problems. Other Projects 4 J —Bail schedule. Other Project 4.1—K.Nitz said he thought they should hold off on building a new office in the Foothills area until we figure out what we are doing on the coastside and get the master plan done. J. Maciel said that is why it was realigned to be part of the planning process to establish what is appropriate. C. Britton suggested changing"build"to"establish." B. Resource Management—C. Roessler C. Roessler summarized the report and provided an update on the information received from the consultant. Key Project 5 (new)—New invasive grasses in Thornewood. Assessed and found not a result of work done on dam. Key Project Lb—N. Hanko asked them to be sure to notify interested parties and that it comes to the Board when they are removing large eucalyptus. Key Project 2—Add verb to beginning. Key Project La—No prioritization—will be done this year Key Project Lb—Add"remove other non-natives." Key Project l.c—K.Nitz said we need to specify control methods. Key Project l.e—K.Nitz said he hoped it would be re-started. This was the only thing they had to drop. Other Projects c—Staff will provide survey results to Board Members. N. Hanko asked that the word"potential"be removed. Meeting 04-03 Page 8 Key Project 5—D. Little would like to see added,"Ensure that the corrective action does not diminish or divert resources,either staff work or financial, from other ongoing projects." He suggested it might be better to hire someone to manage this and review the response of invasive plants to work we are doing. IV. Public Affairs Department A. General Public Information and Outreach Rudy Jurgensen presented the report. Key Project 4—L. Hassett said he thought it was inappropriate now to go forward with the Good Neighbor brochure until the coastal annexation is complete. At that time, form a citizen's advisory committee from neighboring groups. C. Britton described the type of information that would be included. N. Hanko talked about the original concept for the brochure and suggested that perhaps there should be two documents. C. Britton suggested that they work with LAFPAC on the concept of a brochure and a good neighbor program. P. Siemens agreed that it should be postponed and that there should be two documents. Discussion followed regarding possible wording for the item. Key Project 2—J. Cyr applauded the proposed website enhancements. Staff will provide a report on website"hits." Other Projects 5—C. Woodbury said the first step was to digitize,but it needs to be organized. R.Jorgensen said key slides would be done first. Other Projects 11 —K. Nitz said he would like general pictures of preserves to be included. Other Projects 13—Change two issues per year to four issues per year. Other Projects 17—Change to read,"Promote community goodwill by distributing holiday cards to District constituents on our mailing list for an additional year." B. Legislative,Funding,and Organizational Relations—R. Jurgensen C. Community Programs Other Activities 13—C. Britton said they are looking for something that might work better than what they have tried. V. Administration Department A. Administration—S. Thielfoldt B. Human Resources—S. Thielfoldt Other Projects 12—Staff is talking to consultants. K.Nitz said he would like a quarterly report on web activity. Meeting 04-03 Page 9 Other Projects 16—K.Nitz suggested storing records off-site. C. Legal Services—S. Schectman Key Project I -S. Schectman said she would remove personal names per Real Property's practice. Key Project 6—Delete well remediation project. Quiet title action on El Sereno—may be removed because it has a trial date next week. Other Projects—Planning projects and the successor MOU will be put back in. Key Project 1 —Hanson Quarry is in Rancho,not Montebello. J. Cyr said he appreciated the format of the report as it made it easy to track between years. D. Agenda Item No.5— Application for Per Capita Grant&Roberti-Z'Ber_g Harris Block Grant Programs Under the Clean Water,Clean Air, Safe Neighborhood Parks and Coastal Protection Bond Act(Proposition 40); Adopt the Attached Resolution of the Board of Directors of the Midpeninsula Regionalpen Space District Approvingthe he Application for the Per Capita Grant Program Under the Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Bond Act of 2002; Adopt the Attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Application for the Roberti-Z'Berg Harris Block Grant Program Under the Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Bond Act of 2002—(Report R-04-11). M. Williams presented the staff report and explained what kind of projects qualified for per capita grants. Motion: K.Nitz moved that the Board adopt Resolution No. 04-03, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Application for the Per Capita Grant Program Under the Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Bond Act of 2002; and adopt Resolution No. 04-02, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving the Application for the Roberti-Z'Berg Harris Block Grant Program Under the Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Bond Act of 2002. P. Siemens seconded the motion. The motion passed 6 to 0 with Dir. Cyr abstaining. E. Agenda Item No.6-Authorize the General Manager to Purchase a New Accounting Package, Including Software, Maintenance and Training;from NFP Accounting Technologies in an Amount Not to Exceed $25,000 and Authorize the Expenditure for this Unbudgeted Package from Contract Services and Fixed Assets,As Described in the Body of this Report—(Report R-04-06). Meeting 04-03 Page 10 S. Thielfoldt was present to answer questions. She said maintenance included upgrades. She felt the cost was reasonable. Motion: K.Nitz moved that the Board authorize the General Manager to purchase an accounting software package from NFP Accounting Technologies and authorize the expenditure for this unbudgeted package from contract services and fixed assets,as described in the body of the staff report. P. Siemens seconded the motion. The motion passed 7 to 0. IX. INFORMATIONAL REPORTS N. Hanko said she had a call from Bob Girard who is trying to raise funds for some initiatives. She will provide staff with information about the initiatives. K.Nitz: 1. The Use and Management meeting was very good. 2. He heard that the island and County of Maui is trying to start an open space district. D. Little: 1. The Use and Management meeting went very well. He appreciated the efforts of J. Maciel and C. Roessler. They decided not to close the preserve at this time. 2. Every time he hikes Black Mountain Trail he sees bike tire treads. He asked staff to take measures to stop this. M. Davey: 1. She and C.Britton have been talking to Atherton in hopes of generating their support for the Coastside Protection Program, They will be making a presentation on February 18. 2. She brought pictures from Croatia. She talked about the environmental movement in the Adriatic area. L. Hassett: 1. He had a call from a constituent complaining about the District participating in the feeding of ROMP members. 2. He and Marguerite Kaufman (LAFCo)talked about the Coastside Protection Program. C. Britton: 1. There was a letter in the FYIs supporting the grant proposal that R. Zatkin is making. 2. There was a letter to Ken Anderson regarding the Smits' gift. 3. The funding measure should close on Friday. He handed out the official statement. 4. He had not heard much about the State budget. He talked about the ERAF component and the multi-county exemption. 5. He was invited to participate in initial discussion of the Cargill salt ponds. It will probably be a 50-year project. 6. He had been asked to participate in the Santa Clara County trail implementation stakeholders group. 7. The District has been invited to the next meeting of the Special Districts Association for Santa Clara County. J. Cyr will attend. 8. San Mateo County is going ahead with a proposed assessment district for parks. X. ADJOURNMENT At 10:37 p.m.,the meeting was adjourned. Roberta Wolfe Recording Secretary Regional Open Sp.-.:e - -43 Meeting 04-10 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT April 28, 2004 CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION AGENDA ITEM 1 AGENDA ITEM Presentation by Shelterbelt Builders, Inc., Invasive Plant C nsultants GENERAL MANAGER'S RECOMMENDATI Receive information on, and recommendations from, survey results by Shelterbelt Builders, Inc. regarding invasive plant control on District lands. No formal Board action is required. BACKGROUND On June 25, 2003, the Board approved a contract in the amount of$30,000 with Shelterbelt Builders, Inc. for consulting services to assess ways to make the District's invasive plant management program broader and more effective (see Report R-03-60). On December 10, 2003, the Board approved a contract amendment for an additional amount not to exceed $10,000 for Shelterbelt to survey additional areas (see Report R-03-123). DISCUSSION Shelterbelt completed surveys of high-priority areas in nine preserves (Bear Creek Redwoods, Long Ridge, Skyline Ridge, La Honda Creek, Sierra Azul, Saratoga Gap, Monte Bello, and Teague Hill). Shelterbelt developed a revised definition and list of invasive plants on District preserves, reviewed control methods for over 50 invasive plants, and made recommendations on how to more effectively maintain a long-term program to map and manage invasive plants. They also reported on the potential effects of invasive plants on wildlife. CONCLUSIONS Shelterbelt's surveys and recommendations will assist the District to more effectively determine the location of invasive plants and to set priorities for their control over the next few years. Prepared by: Cindy Roessler, Resource Management Specialist Contact person: Same 33o Distel Circle 650-691-1200 info@openspace.org BOARD Of DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-6gi-0485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hassett Kenneth C.Nitz L.Craig Britton Regional Open Sp._, e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-04-48 CEI.EBRAFING 30 YEARS OF OPEN SPACE PRESERVAI-ION Meeting 04-10 April 28, 2004 AGENDA ITEM 2 AGENDA ITEM Right-of-Entry Permit for the United States Department of Agriculture Wildlife Service(APHIS-WS) to Conduct Predator Management Activities at Ravenswood Open Space Preserve ASSISTANT GENERAL MANAGER'S RECOMMENDATIONS r -Z _,, ` 1. Determine that the proposed actions are categorically exempt under the California Environmental Quality Act(CEQA)based on findings contained in this report. 2. Authorize the General Manager to execute the attached Right of Entry Permit allowing the APHIS-WS access to Ravenswood Open Space Preserve for the purpose of conducting predator management activities. 3. Authorize the General Manager and General Counsel to approve minor revisions to the Permit to Enter. BACKGROUND The APHIS-WS is a program of the U.S.Department of Agriculture's Animal and Plant Health Inspection Service with the purpose of providing Federal leadership and expertise to resolve wildlife conflicts that threaten the nation's resources. As part of this program, the APHIS-WS strives to increase and protect the populations of threatened and endangered species using various management techniques including predator control. In the San Francisco Bay, the APHIS-WS has been working in partnership with the U.S. Fish and Wildlife Service (USFWS) since 1991 to implement a predator management program to selectively and humanely remove problem predators in and adjacent to California clapper rail and salt marsh harvest mouse habitat. Predator control activities are currently occurring at the Don Edwards San Francisco Bay National Wildlife Refuge Complex and at the Palo Alto Baylands Preserve, which lie to the north and south of Ravenswood Open Space Preserve (Preserve). DISCUSSION Since problem predators are known to use levees and roads as travel ways between properties, the APHIS- WS is requesting permission to implement its predator control program at Ravenswood Open Space Preserve to attain a consistent management practice between neighboring baylands. The request is quite timely given that the Preserve is undergoing tidal marsh restoration and is currently in its fourth year of monitoring. With each year, the Preserve is expected to provide more and more acres of suitable clapper rail and mouse habitat as native marsh vegetation spreads throughout the former salt pond. Unfortunately, predation by non-native red fox, skunks,raccoons, and feral cats and dogs threaten the survival of these endangered species and hamper the recovery of viable clapper rail and mouse populations. At Ravenswood Open Space Preserve, the APHIS-WS is giving special consideration to the clapper rail. The APHIS-WS is hopeful that predator control activities would allow clapper rails from the adjacent Faber-Laumeister marsh (Palo Alto Baylands), which is known to support one of the densest nesting populations of these species, to 33o Distel Circle 650-6gi-1200 info@openspace.org BOARDOF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hassett,Kenneth C Nitz L.Craig Britton R-04-48 Page 2 successfully colonize and expand in the Preserve. These efforts would not only improve the survivability of the clapper rail,but also enhance the overall success of the Ravenswood Salt Pond Restoration Project. The proposed predator management project would be managed by USFWS and implemented by APHIS- WS biologists and trained Wildlife Specialists during a three-year period. The APHIS-WS would target non-native red fox, feral dogs and cats, as well as skunks and raccoons, since these are known to exist in unnaturally high numbers. Problem predators would be hand caught or selectively trapped using either cage traps or soft-catch leghold traps and humanely euthanized. Non-target animals inadvertently caught would be released onsite. A captured cat or dog suspected of being a pet would be taken to the local humane society. Traps would be placed off trail, activated late in the day, and inspected early the next morning. Upon completion of the survey the APHIS-WS would provide the District with a copy of the predator management report, which would include information on the number of animals taken, methods of take, sightings of species of concern, and recommendations for additional steps. ENVIRONMENTAL REVIEW Project Description The project consists of actions necessary to implement a predator management program to reduce the number of selected predators and increase the density and production of endangered species and colonial nesting waterfowl at Ravenswood Open Space Preserve. Management efforts include the installation of predator traps. The target predators are non-native red fox, feral cats and dogs, raccoons, and skunks. NEPA Determination In March of 1991,the U.S. Fish and Wildlife Service(USFWS)prepared the San Francisco Bay National Wildlife Refuge Predator Management Plan and Final Environmental Assessment in accordance with the National Environmental Policy Act(NEPA). As a result of this process, the USFWS filed a Finding of No Significant Impact after determining that the implementation of the predator management plan would not significantly affect the environment. CEQA Determination The District concludes that based on the available information,the actions proposed by the APHIS-WS will not have a significant effect on the environment. These actions are categorically exempt from the CEQA (California Environmental Quality Act) under Section 15308 of the CEQA guidelines: Section 15308 exempts actions by regulatory agencies for the protection of the environment, including actions to assure the restoration and enhancement of the environment. PUBLIC NOTIFICATION Staff mailed a notice of this meeting and an explanation of the right-of-entry request to adjacent property owners of the Preserve and posted a copy of this notice onsite and on the District web page. Prepared by: Ana Ruiz, Open Space Planner I Contact person: Same as above RAVENSW D OPEN � S PA C4?RESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT I I 1 I 1 1 N � I Ravenswood Point DON EDWARDS - ► _ 84 SAN FRANCISCO BAY - ♦ - - NATIONAL WILDLIFE REFUGE �� 1 I � Obi 1 DON EDWARDS I p Map Legend 1 SAN FRANCISCO BAY t NATIONAL WILDLIFE REFUGE � t ~ 1 y©�-'(RW02) Gate(#s> I Nio.5. Trail Distance in Miles SAN MATED COUNTY ` 1 /♦ �� t BAYLANDS RESERVE J ! / Preserve Boundary Vehicle Parking Lot SALT EVAPORATORS SALT EVAPORATORS Nature Center Whole Accr.s Trail Subject of Right-of-Entry Q RAVENS WOOD ' Permit Point of Interest OPEN SPACE 1.2 "PRESERVE MENLO PARK p `♦ ♦ 1 Other Public Land, `♦' ® Coo;y Landing Marsh wbr�d I I "I�Q — �. - -� No Public Entry -*BAYLANDS Fri-l—,rn t—d. NATURE- JQ� �--PRESERVE For trail information,refer to a Palo Alto Baylands Nature Preserve trail map. 1 Trail Use 101 �StiI /♦�" Bay Trail EAST PALO ALTO e /`;' ♦��y ——— t �'/ ♦ Hiking,Bicycling is r i N♦ Note: !I - Dogs are not Pile Alto N ylan'ds Nature g Yalt,llto Airport ''�`r� thispe5erve nt live Cent allowed on 1 Gult Cuurce � EXHIBIT A: RIGHT-OF-ENTRY PERMIT FOR APHIS-WS 0.0 .1 .2 A .4 .S .6 .7 .8 .9 1.0 One Mile UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE ANIMAL DAMAGE CONTROL AGREEMENT FOR CONTROL OF ANIMAL DAMAGE Agreement 1 ON NON-PRIVATE PROPERTY Date MM DO yy TYPE OF AGREEMENT-"J ALL THAT APPLY 5,Addendum on File 1.Temporary Agreement 3.Continuation Form [J 6. Supplement is not Required 2. Urban Agreement 4.Amendment of an Existing Agreement 7.Special Considerations in Section 6 PLEASE PRINT CLEARLY Cooperator's Name Z Cooperator's Address 0 Street City/StatelZip Code ... Common Name to Representative's Name Area Code Telephone Number A.AOC Employee Name,ADC Code, B.List each Land Class with its Corresponding Acreage C.It this is an Adjoining Property O.List all Species to be Targeted During Stale Code,and County Code Agreement,List the Properties Damage Control Activities LAND Protected ADC Employee Name CLASS ACRES SPECIES CODE 44 ADC Code FT—nI.- M I I I I IT] Z 111111 Tl FTT] 0 2nd I.- M I I I I I I I I I I J U ADC Employee Name UJ Tl FT-n �A ADC Code I I I 3rd M I I I I I I I I I I I State FT-1 41h F F1 I I I I I Total Acreage County FM Protected I I I I I 1E1 In consideration of the benefits to be derived from the proper control of damage caused by those species listed in Section 2(D) of the agreement, I the undersigned authorized representative of the above listed cooperator, do hereby give my consent, and concurrence, to the Animal and Plant Health Inspection Service(APHIS), (to include its officials,employees, and agents) to use, upon lands owned, leased, or otherwise controlled by the cooperator I represent, and identified by this agreement,the following methods and devices: in Z 0 METHOD CODE METHOD CODE METHOD CODE METHOD CODE —171 71 F1 F7 7_T1 FTTI FT-n Z 1, as representative of the cooperator,have been informed of the methods and the manner in which the control materials and devices listed in Section 3 will be 2 used, and of the possible hazards associated with their use I understand that APHIS, again to include its officers, employees, and agents will: exercise reasonable precautions to safeguard all persons and to prevent injury to animal life other than those listed in Section 2(D)above;guard against the mishandling of control devices and materials;and exercise due caution and proper judgment in all control operations. In consideration of these understandings and of the benefits to be derived, the cooperator that I represent, agrees to: take reasonable precautions to prevent injury to livestock and other domestic animals; assume responsibility for injury to property owned by the cooperator of under the cooperator's control, when said injury is not the result of negligence on the part of APHIS,assist in maintaining such warning signs as APHIS may place out for the purpose of notifying persons in entering onto such lands of the possible hazards associated with animal control measures in use thereon,and to give adequate warning to persons authorized by Z the cooperator to enter onto such lands,of these possible hazards. 0 U I`_ In recognition of the benefits to be derived from the use of the specified methods and devices authorized by this agreement, the cooperator that I represent %A agrees not to concurrently use or allow to be used upon lands covered by this agreement,any toxic material that ight reasonably be expected t take a species listed in the above Section 2(D)unless such use of said toxicant is agreed to by APHIS in writing. This agreement may be revoked by either party by a 30-day written notice. Special Considerations: Z 0 SIGNATURE AND TITLE(Cooperator s Representative) ADDRESS DATE SIGNATURE AND TITLE(APHIS Representative) ADDRESS DATE WS FORM 12C Previous edition may be used. GPO:2002-717-337/97280(AUG 91) PART I -STATE OFFICE PROJECT: Ravenswood Open Space Preserve Predator Control page I of 4 U.S. DEPARTMENT OF AGRICULTURE - WILDLIFE SERVICES RIGHT-OF-ENTRY FOR PREDATOR CONTROL LOCATION: Ravenswood Open Space Preserve OWNER: Midpeninsula Regional Open Space District(DISTRICT) The Midpeninsula Regional Open Space District,hereinafter called"DISTRICT",hereby grants to the United States Department of Agriculture Wildlife Services,hereinafter called "APHIS-WS", a right-of-entry upon Ravenswood Open Space Preserve ("Preserve"), located in the State of California, County of San Mateo and described as Assessor's Parcel Numbers 063- 590-040, 063-590-060, 096-230-110, 096-230-120, and 096-230-130. The Preserve is shown on the attached map and further described in the attached Form 12C, Agreement for Control of Animal Damage on Non-Private Property("Form 12C"). PURPOSE: The purpose of this night-of-entry permit is to conduct predator control activities that intend to help restore populations of the endangered salt marsh harvest mouse and the endangered California clapper rail and protect populations of ground nesting birds. The predator control activities will greatly enhance the success of the recently completed Ravenswood Salt Pond Restoration Project and establish sustainable populations of clapper rails by controlling the unnaturally high levels of predators in the Preserve. Through predator control,clapper rails from the adjacent Faber-Laumeister marsh,which is known to support one of the densest nesting populations of these species,are expected to colonize and expand in the Preserve. ACTIVITIES The activities allowed under this right-of entry permit include selectively trapping and removing mammalian predators known to prey on California clapper rail, salt marsh harvest mouse, snowy plover, and other ground nesting birds, from Ravenswood Open Space Preserve. Problem predators (red fox, feral dogs, cats, skunks, and raccoons)would be hand-caught or trapped in either cage traps or soft-catch leghold traps and humanely euthanized. Use of a drug delivery device is also allowed to safely capture and handle target animals. Non-target animals inadvertently caught would be released on-site. A captured dog or cat that is suspected of being a pet will be taken to the local humane society. DISTRICT hereby grants to APHIS-WS a right to enter the lands herein described at any time within a period of 36 months from the date of this instrument, in order to carry out the predator control. CONDITIONS: This right-of-entry is issued subject to the following terms and conditions: PROJECT: Ravenswood Open apace Preserve Predator Control page 2 of 4 1. APHIS-WS will be responsible for obtaining all necessary permits from governmental and regulatory agencies, and following all pertinent procedures. 2.APHIS-WS shall provide written documentation to DISTRICT detailing the final plan for the predator control program at least 30 days prior to commencement of the work. 3. No changes to the vegetation shall be made without DISTRICT's written approval. 4. This permit includes the right of ingress and egress on lands of DISTRICT herein described,provided that such ingress and egress is necessary for vehicles and support equipment. Grading to create roads for vehicular travel is prohibited. Vehicles are allowed only on the designated road-width trail, which follows the length of the inboard levee. Close and lock any closed gate immediately after traveling thorough it to prevent unauthorized entry. Do not block any gates,roads, or emergency access routes. 5. If traveling on vehicle in the Preserve,APHIS-WS shall be responsible for compliance with the speed limit of 15 miles per hour and reducing speeds to 5 miles per hours when passing visitors. DISTRICT may issue citations to violators. 6. DISTRICT also agrees to notify Peninsula Open Space Trust, current owner of the Cooley Landing peninsula,of the grants hereby permitted to APHIS-WS under the terms of this agreement. 7. All tools, equipment, and other property taken onto the Preserve shall be removed from the Preserve during normal visiting hours. Every effort will be made to minimize any inconvenience to the public. Traps and other equipment shall be set at the Preserve after sunset, left overnight, and shall be removed from the Preserve prior sunrise. 8. APHIS-WS agrees that the use of equipment and tools on the DISTRICT's property shall be effected with all reasonable diligence, and with precautions to avoid damage to the land, property, or personnel of DISTRICT, or to the public. 9. APHIS-WS shall have the sole responsibility for the safeguard of its equipment, property, and personnel from any and all injury, death,or damage. 10. APHIS-WS shall notify DISTRICT upon completion of all work. 11. The APHIS-WS shall provide DISTRICT with a copy of any data, logs,reports, notes, memos, and results of the predator control activities including a copy of a predator management report that is scheduled for release on January 01, 2007. 12. Shooting shall not be allowed under this right-of-entry. 13. Right of entry to conduct predator control activities is limited to APHIS-WS. PROJECT: Ravenswood Open Space Preserve Predator Control page 3 of 4 14. APHIS-WS will leave the Preserve, levee access roads, and surrounding site in a condition equal to or better that that which was originally found. NOTICE Any notice or notices required or permitted to be given pursuant to this right-of-entry may be personally served on the other party by the party giving such notice, or may be served by U.S. mail to the following address: DISTRICT: L. Craig Britton, General Manager Midpeninsula Regional Open Space DISTRICT 330 Distel Circle Los Altos, CA 94022 (650)691-1200 (650)691-0485 (FAX) DISTRICT Ana Ruiz,Open Space Planner REPRESENTATIVE: Midpeninsula Regional Open Space DISTRICT 330 Distel Circle Los Altos, CA 94022 (650)691-1200 (650)691-0485 (FAX) APHIS-WS: Brian J. Popper,Wildlife Services Biologist USDS-WS PO Box 524 Newark,CA 94560 510-797-5247 510-219-4944(mobile) 510-797-5247 (fax) DAMAGE AND LIABILITY APHIS-WS will hold the DISTRICT harmless from any liability arising from the negligent act or omission of a government officer or employee acting within the scope of his or her employment to the extent compensation is available pursuant to the Federal Tort Claims Act(FTCA), 28 USC 2671 et. seq., except to the extent that aforesaid liability arises from the negligent acts or omissions of the DISTRICT, its employees, agents or subcontractor(s). Such relief shall be provided pursuant to the procedures set forth in the FTCA and applicable regulations. HAZARDOUS SUBSTANCES INDEMNIFICATION APHIS-WS shall not employ, handle, deposit, or in any way use any hazardous substances on the Preserve. INSURANCE: Throughout the term of this agreement, APHIS-WS, at its sole cost and expense, shall maintain in full force and effect comprehensive automobile and general liability insurance covering bodily and personal injury and property damage. Limits shall be not less than $1,000,000 per occurrence PROJECT: Ravenswood Open space Preserve Predator Control page 4 of 4 for bodily injury and property damage. This requirement shall be satisfied by the attached written documentation of self-insurance by APHIS-WS dated January 23, 2004. Throughout the term of this agreement, APHIS-WS, at its sole cost and expense, shall maintain in full force and effect a policy of Worker's Compensation Insurance covering all its employees as required by law. Such insurance policies shall not be cancelled or materially changed without thirty(30)days' advance written notice to the DISTRICT at the address shown under notices. CANCELLATION This right-of-entry shall be cancelable by DISTRICT upon a 30-day written notice to APHIS-WS. Requests to postpone activities for a period of one day to a week due to unanticipated circumstances shall be made upon a 48-hour notice to APHIS-WS. The undersigned hereby warrants that by their signature that they are DISTRICT of said property or have the legal authority to grant the permit subject to the aforementioned terms and conditions. WITNESS MY HAND this day of_, 2003. General Manager of Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 650-691-1200 Signature: General Manager L. Craig Britton ACCEPTED UNITED STATES DEPARTMENT OF AGRICULTURE-WILDLIFE SERVICES By(Signed): Print Name: Position: Regional Open Spk,e -04-45 Meeting 04-10 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT April 28, 2004 c:EFFEIRArihr, 30 YT ARS OF OPEN SI>ACE PRESERVATION AGENDA ITEM 3 AGENDA ITEM Consideration of a Process for Completion of the Conditions of San Mateo Local Agency Formation Commission Approval of the Coastside Protection Program ASSISTANT GENERAL MANAGER'S RECOMMENDATION r„ +� 1. Consider a process for completion of the Conditions of San Mateo Local Agency Formation Commission Approval of the Coastside Protection Program. 2. Refer the matter to the Legislative Administrative and Public Affairs Committee to receive public input and develop appropriate Resolutions for Board consideration at a public meeting. DISCUSSION On April 7, 2004 the San Mateo Local Agency Formation Commission(LAFCo)conditionally approved the District's Coastside Protection Program, which will expand the District's boundaries to include coastal San Mateo County(see Report R-03-54). There are several more steps in the LAFCo approval process before the Certificate of Completion is recorded for the annexation and implementation of the Coastside Protection Program can begin: June I I —LAFCo Conducts Protest Hearing San Mateo LAFCo must hold a protest hearing in which landowners and voters from within the annexation area may submit written protest. If less than 25%of the registered voters or less than 25% of landowners owning less than 25%of the assessed value submit written protest, annexation is completed. If 25%but less than 50% submit written protest, an election is ordered and majority registered voter approval is required for annexation to be complete. If over 50% of either threshold submits written protest, annexation is terminated. The protest hearing will take place at 3:30 on Friday,June 11 at the Russell Administration Center in Half Moon Bay. June 11 -July 9—LAFCo Determines Number of Valid Protest Votes LAFCo must determine the value of the written protests submitted and not withdrawn and make a finding about the protest vote as described above: termination, election or approval. Upon Approval(resulting from either insufficient protest,or by election) and Completion of the Conditions of Approval—LAFCo Records Certificate of Completion. LAFCo Resolution No. 960(attached for reference) includes the Conditions of Approval adopted by the Commission. The Resolution states the actions required of the District's Board of Directors prior to recordation of a Certificate of Completion for the annexation. The date the Certificate is recorded will be the effective date of the annexation. The following list outlines the Conditions, their status and a description of required actions: Condition 1. Memorandum of Understanding between MROSD and Farm Bureau Completed: Memorandum of Understanding executed on January 28, 2004 (Assembly Bill 1195 prohibiting the District's use of eminent domain in the Coastside Protection Area became law on April 1, 2004). 33o Distel Circle 650-691-12oo info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,led Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-6 f1-0485 fax www.openspace.org Deane Little,Nonette Hanko,tarry Hossett,Kenneth C.Nitz L.Craig Britton i R-04-45 Page 2 Condition 2. Agreement between MROSD and San Mateo County for Fire Services Completed: Agreement executed on March 16,2004. Condition 3. Agreement between MROSD and La Honda-Pescadero School District Completed: Agreement executed March 8, 2004. Condition 4. District adopted public participation process for reapportionment Completed: Resolution 04-07 adopted February 25, 2004. The resolution requires public input and reapportionment within 60 days of the effective date of annexation and receipt of revised population estimates. Condition 5. Plan for initiating amendments to the Good Neighbor Policy Action Required: Board adoption of a resolution that outlines a plan for amending the District's existing Good Neighbor Policy. The process for developing appropriate amendments must begin within 60 days from the recordation of the Certificate of Completion. Condition 6. Ombudsperson Action Required: Board adoption of a resolution that outlines a plan for appointment of a citizen ombudsperson that is not an employee of the District within 60 days of the recordation of the Certificate of Completion. Condition 7. Agricultural management expertise Action Required: Board adoption of a resolution tha t outlines a plan for hiring or contracting with an individual or organization with agricultural management expertise upon recordation of the Certificate of Completion and the subsequent acquisition of agricultural land. Condition 8. District Board and Subcommittee meetings to be held in Coastside Protection Area Action Required: Board adoption of a resolution amending the District's Rules of Procedure to provide for public meetings in the Coastside Protection Area on matters concerning that Area. Staff recommends that the Conditions of Approval 5 through 8 be referred to the Legislative, Administrative and Public Affairs Committee to develop appropriate resolutions for consideration by the Board, and that the Conditions be fulfilled prior to the June 11 protest hearing. In order to provide opportunities for public participation, it is further recommended that the Committee hold at least two public meetings prior to forwarding its recommended resolutions to the Board of Directors at the regular public meeting of May 26, 2004. Prepared by: Cathy Woodbury, Planning Manager Contact person: Same as above iAttachment: LAFCo Resolution and Conditions of Approval RESOLUTION NO. 960 RESOLUTION OF LOCAL AGENCY FORMATION COMMISSION OF THE COUNTY OF SAN MATEO MAKING DETERMINATIONS PURSUANT TO GOVERNMENT CODE SECTIONS 56425 AND 56430, AMENDING THE SPHERE OF INFLUENCE OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AND APPROVING ANNEXATION OF THE SAN MATEO COUNTY COASTAL AREA(140,000 ACRES) I TO THE DISTRICT RESOLVED, by the Local Agency Formation Commission of the County of San Mateo, State of California,that i WHEREAS, a resolution of application was heretofore filed with the Executive Officer San Mateo Local Agency Formation Commission b the Mid peninsula Regional Open of the S g y Y P � p Space District, hereinafter referred to as MROSD, pursuant to Title 5, Division 3, commencing with Section 56000 of the Government Code; i WHEREAS, said resolution of application shall be referred to as LAFCO File 03-10 - Proposed Sphere of Influence Amendment of the Midpeninsula Regional Open Space District and Annexation of the San Mateo County Coastal Area (Hereinafter sphere of influence amendment and annexation application); WHEREAS, said sphere of influence amendment and annexation application includes the following components: 1) Amendment of the Midpeninsula Regional Open Space District sphere of influence to include 140,000± acres of inhabited territory of San Mateo County, the exterior boundaries of which are described in Exhibit A and is hereinafter referred to as the Coastal Area; Resolution 9960 1 2) Annexation of the Coastal Area to the Midpeninsula Regional Open Space District; WHEREAS, the annexation is not consistent with existing sphere of influence of the Midpeninsula Regional Open Space District and it is appropriate that the Commission consider amendment of the sphere in connection with this proposal; and WHEREAS, the purpose of LAFCo File 03-10 is the provision of recreational services and open space and agricultural preservation in the Coastal Area by MROSD; WHEREAS, the sphere amendment and annexation application included a Final Environmental Impact Report ("EIR"), which was prepared, considered and certified by MROSD, as the lead agency for the sphere amendment and annexation, on June 6, 2003, a Service Plan, which incorporates all mitigation measures proposed in the EIR as well as policies and guidelines for the provision of services by MROSD in the Coastal Area, and a Fiscal Impact Analysis, which were reviewed and considered by this Commission prior to action on this proposal and are herein incorporated by reference; and WHEREAS, the County of San Mateo, the City of Half Moon Bay and MROSD have reached agreement on an exchange of zero property tax revenue and in conformance with Section 5, Division 1, of the Revenue and Taxation Code have adopted resolutions of property tax transfer as set forth in San Mateo County Board of Supervisors Resolution No. 066409, Half Moon Bay City Council Resolution No. 8 8-03, and MROSD Resolution No. 03-2 1; and WHEREAS, the Executive Officer prepared a municipal service review pursuant to Government Code Section 56430; and WHEREAS, the LAFCO Executive Officer has reviewed the sphere amendment and annexation application and found it to be adequate for consideration by the Commission; and Resolution#960 2 WHEREAS,the Executive Officer has reviewed the sphere amendment and annexation application and all comments and materials received, and prepared a report, including recommendations for the amended sphere of influence of MROSD and annexation of the Coastal Area, which report has been presented to the Commission and is herein incorporated by reference; and WHEREAS, a duly noticed public hearing was held on March 9, 2004 in Half Moon Bay and was continued to include subsequent hearings on March 17, 2004 in Redwood City and March 30, 2004 in Half Moon Bay whereby the Commission heard and considered all oral and written testimony and the report of the Executive Officer, and all persons were given an opportunity to hear and be heard with respect to the sphere amendment and annexation proposal as well as the Executive Officer report and the recommendations therein, and the Commission held an additional meeting on April 7, 2004 in Redwood City to continue its deliberations; and WHEREAS,the Commission has conducted a municipal service review pursuant to Government Code Section 56430; and WHEREAS,the Commission has the authority and responsibility,pursuant to Government Code Section 56425, to determine and periodically review and update the sphere of influence of each local governmental agency within its jurisdiction in the county. NOW THEREFORE,the Commission hereby: I SECTION I: MUNI CIPAL SERVICE REVIEW: Pursuant to Government Code Section 56430 the Commission hereby makes the determinations set forth in Exhibit B pursuant to Government Code 56430; and Resolution#960 3 SECTION II. CEQA REVIEW Pursuant to Section 15096 of the State CEQA Guidelines,the Commission has considered the San Mateo County Coastal Annexation Final Environmental Impact Report as responsible agency under the California Environmental Quality Act("CEQA")reached its own conclusions in considering the project, and the Commission hereby adopts the following determinations regarding the San Mateo County Coastal Annexation Final Environmental Impact Report: 1. On June 6, 2003 MROSD, acting as lead agency under CEQA, certified the Environmental Impact Report("EIR") for the proposed Reorganization, entitled the"San Mateo County Coastal Annexation Final Environmental Impact Report." The EIR considers and evaluates all the potentially significant environmental effects of the proposed annexation and sphere of influence amendment that are the subject of this action together with the Service Plan for the annexation area that was adopted by MROSD to support its application to LAFCO. Environmental review included analysis of impacts related to expanding MROSD's sphere of influence and annexation to include the Coastal Area of San Mateo County. The EIR analyzed impacts associated with activities such as land acquisition and management of open space and agricultural lands. MROSD adopted mitigation measures to avoid or lessen potential impacts and found that the Coastal Area Sphere of Influence Amendment and Annexation, as mitigated by policies included in the Service Plan, would not have significant impacts on the environment. As a program EIR,the EIR evaluated impacts at a programmatic level and noted that if annexation is approved, MROSD would be subject to the provisions of CEQA for subsequent projects such as developing specific land management or trails planning. 2. The EIR for the proposed Sphere Amendment and Annexation sets forth numerous mitigation measures to reduce potentially significant impacts and concludes that all such impacts can be reduced to a level of insignificance if all mitigation measures proposed in the EIR are adopted. On June 6, 2003, MROSD adopted all the mitigation measures in the EIR. The Commission has reviewed and hereby incorporates by reference MROSD's Resolution#960 4 Findings (attached hereto as Attachment C) documenting adoption by MROSD of all mitigation measures proposed to reduce potentially significant impacts. 3. The Commission hereby finds and determines that because the project under review by this Commission includes all proposed mitigation measures, the project will have no significant environmental effects requiring imposition of additional mitigation measures by this Commission. 4. The Commission finds that the sphere amendment and annexation will not introduce any new considerations with respect to this E.I.R. and that fixture projects such as acquisitions,trail and staging development on district acquired land, as they become known, will be subject to environmental review as they are developed by MROSD. 5. The Commission further finds and determines that because sphere amendment and annexation would have no significant environmental effects as mitigated there are no alternatives available that would avoid or reduce such effects and hereby adopts section IV of MROSD's Findings adopted June 6, 2003 (Attachment C) evaluating and rejecting the various alternatives considered in the EIR. 6. The EIR, MROSD's Findings, and the Service Plan, as well as other materials include sufficient information pertaining to LAFCO concerns such that they may be relied upon for this action. The custodian of these documents is the Executive Officer of the San Mateo County Local Agency Formation and the documents are located in the office of the San Mateo County Local Agency Formation Commission, 455 County Center, 2nd Floor, Redwood City, CA 94063-1663. SECTION III. SPHERE OF INFLUENCE Based on the Commission's review and consideration of the Executive Officer's report, the materials supporting the report, and the oral and written comments submitted to the Commission by affected agencies and the public, the Commission makes the following statement of determinations in accordance with Government Code Section 56425 and hereby amends the Sphere of Influence of the Midpeninsula Regional Open Space District to include the Coastal Area. Resolution#960 5 1. The Present and Planned Land Uses in the Area, Including Agricultural and Open Space Lands. Territory within MROSD boundaries consists of urbanized residential, commercial, industrial and open space uses. Approximately 80%of the San Mateo County Coastal Area is agricultural, rangeland or forest. While some areas are projected to experience more development and growth than others, the need for recreational opportunities and open space and agricultural preservation will continue. 2. The Present and Probable Need for Public Facilities and Services in the Area. There is a present and future need for MROSD services in the Coastal Area. While there are a number of local and state public agencies and private organizations providing public recreation and land preservation services in the San Mateo County Coastal Area, these agencies have limited resources and varying goals and missions. There is currently no single agency that focuses on open space and agricultural preservation in the Coastal Area. 3. The Present Cgpacity of Public Facilities and Adequacy of Public Services that the Agency Provides or is Authorized to Provide. MROSD's plan for service and fiscal analysis indicates that MROSD has the capacity to expand services to the Coastal Area without impacting services within current MROSD boundaries. With respect to agricultural preservation, MROSD has entered into a Memorandum of Understanding with the San Mateo County Farm Bureau in order to insure that the District service plan is implemented to preserve and encourage viable agriculture operations in the Coastal Annexation Area. 4. The Existence of Any Social or Economic Communities of Interest in the Area if the Commission Determines That They Are Relevant to the Agency. The San Mateo County Coastal Area represents the County of San Mateo's primary agricultural area and is a key biological and natural resource regionally and statewide. As such the area represents the County's agricultural community and is of economic significance on a county and regional basis. Through collaboration with the Farm Bureau, the California Farm Bureau Federation, and the San Mateo County Agricultural Commissioner,MROSD has Resolution 4960 6 developed a series of measures directed specifically toward the preservation of agricultural resources in the Coastal Area. SECTION IV. ANNEXATION The Commission has reviewed and considered the Executive Officer's report on the Sphere Amendment and Annexation and determined that the conclusions in the report are supported by the record before the Commission,which includes, but is not limited to, the materials referenced in the Executive Officer's report, the application, and the oral and written comments submitted to the Commission by affected agencies and the public. The Commission has considered the proposed sphere amendment and annexation in light of the factors set forth under Government Code Sections 56668 and 56668.3 and incorporated into the San Mateo Local Agency Formation Commission Procedures for the Evaluation of Proposals. The Commission is not required to make express findings with respect to any of these factors. The Commission has determined that these factors collectively support annexation of the Coastal Area by MROSI). NOW, THEREFORE, the Local Agency Formation Commission of the County of San Mateo DOES HEREBY RESOLVE,DETERMINE AND ORDER as follows: I The Sphere of Influence of the Midpeninsula Regional Open Space District is amended to include the Coastal Annexation Area as shown in Exhibit A attached. 2. The annexation application of the Midpeninsula Regional Open Space District, referenced as LAFCO File 03-10 - Proposed Sphere of Influence Amendment of the Midpeninsula Regional Open Space District and Annexation of the San Mateo County Coastal Area, consisting of inhabited territory comprising 140,000± acres as shown in Exhibit A is approved as submitted, subject to the Terms and Conditions set forth in Exhibit D. 3. The Executive Officer is hereby delegated all responsibilities set forth in Government Code Section 57000 et seq. and directed to conduct protest proceedings in accordance with Government Code Section 57000 with the period for collecting protest to be as close to sixty days as practicable pursuant to Government Code Section 57002. Resolution#960 7 Regularly passed and adopted this 7thday of Apri 1 .2004. Ayes and in favor of said resolution: Commissioners: Duane Bay Iris Gallagher Rich Gordon Jerry Hill Howard Jones Se pi Richardson, Chair Noes and against said resolution: Plarguerite Kaufman Commissioners Absent and/or Abstentions: Commissioners: None L4 i Chairman Local Agency Formation Commission County of San Mateo State of California ATTEST: Date:—/� 7 �C? Executive Officer Local Agency Formation Commission I certify that this is a true and correct copy of the resolution above set forth. Date: � Vz_V-1\-\ � �- �'��i `—► Clerk to the Commission Local Agency Formation Commission Resolution 9960 8 Exhibit D Conditions of LAFCo approval of MROSD Sphere Amendment and Annexation Application Condition 1:Memorandum of Understanding between MROSD and Farm Bureau Condition 2: Agreement between MROSD and San Mateo County for Fire Protection Condition 3:Agreement between MROSD and Pescadero La Honda Unified School District Condition 4:District adopted public participation process for reapportionment Condition 5: The District shall,by resolution, adopt a plan for amendment of the existing good neighbor policy to include the following provisions. The resolution shall provide for initiation of the plan for amendment within 60 days from the date of the recordation of the certificate of completion for LAFCo File 03-10: 1. The District shall institute appropriate forms of representation so that District planning and decision-making relating to the Coastside Annexation Area includes the input of Coastside residents. 2. The District shall establish advisory committees, task forces or work groups as needed to develop or review specific policies or plans. 3. To ensure that local viewpoints are considered in all significant District planning and decision-making relating to the Coastside Protection Area, the District shall consult with local elected officials, government agencies, and government-sponsored organizations within the Coastside Protection Area including, but not limited to the Midcoast Community Council, Pescadero Municipal Advisory Council, Half Moon Bay City Council and their elected bodies. 4. To further ensure recommendations representing local involvement are considered in District planning and decision-making relating to the Coastside Annexation Area, the District shall directly notify community-interest groups, non-profit land trusts, elected officials, and other interested organizations about District Board meetings or other public meetings that involve subjects relating to the District's activities within the Coastside Protection Area. 5. In addition to adopted and legally required noticing, the District shall notes owners of contiguous properties about public meetings where property acquisitions in the Coastside Annexation Area or any significant use or improvements proposed on District-owned lands in the Coastside Protection Area are considered. 6. Because each land use management plan,policy update, acquisition project and significant capital improvement project is subject to full review by the District Board(Page 23 of service plan), meetings of the District Board and/or subcommittees on such matters concerning Coastside annexation area territory shall be held in the coastal annexation area. 1 7. The District shall provide private property signs where appropriate and provide trail users information regarding private property boundaries and to prohibit trespass to minimize public/private use conflicts and trespassing. The District shall clearly sign trails adjacent to active agriculture and provide trail users with information regarding property boundaries to minimize trespassing and conflicts with agricultural users. 8. The following measures will be included in every future Use and Management Plan for parcels within the Coastside Annexation Area: a. In areas where trail routes are immediately adjacent to private property,fencing shall be employed as necessary to deter users from leaving the trail. Specific fence, gate, and crossing designs will be determined in consultations with adjacent affected property owner(s)at the Use and Management Plan stage. b. All new trails/facilities will be sited away from the edges of new preserves to the greatest extent possible. All new trails/facilities will be designed to preserve existing vegetation within new preserves and at the property lines so that views of land uses in adjacent residential properties would be minimized. c. Trails shall be sited a minimum distance of 300 feet from occupied dwellings unless site-specific circumstances make this infeasible. Where a 300 foot setback is not feasible, trails shall be set back a minimum distance of 50 feet. Potential noise and privacy impacts must be evaluated for any subsequent District action and shall be reduced by berms,fencing, landscaping and other feasible and compatible means, if necessary. 9. Upon completion of the annexation process and with public involvement through local groups, the District shall conduct public hearings to develop its Basic Policies for the Coastside Annexation Area. These hearing shall address, at a minimum, the following topics: public participation; resource management;public access; recreational use;public safety; cultural resources; agriculture and timber production; interagency relationships;and public information. 10. As noted in 6 above, all proposed Coastside Protection Area policies shall be considered by the full Board of Directors at public meetings held in the Coastside Protection Area. 11. A District staff liaison will be assigned to the Coastal Annexation Area to work with local residents,property owners, government, and interest groups in developing recommendations to the District Board of Directors 12. The Legislative, Finance and Public Affairs Committee, a Standing Committee of the Board, shall at an annual public meeting review the Good Neighbor Policy and its implementation and effectiveness. The Good Neighbor Policy shall be amended as necessary to ensure the best possible relationship between the District and its neighbors. 13. The District shall develop a Good Neighbor Brochure and shall update it regularly and distribute it to property owners with land adjoining district preserves. The Brochure shall contain the following information: 1. Emergency contact information for District and other agencies by nature of emergency ire, flooding, medical, illegal activity, abandoned vehicles, etc) 2. District contact for resource management(weed abatement,feral animal control, restoration and revegetation, etc) 2 3. District contact forge and hazard prevention (fuel management, information regarding firesafe practices,fallen or hazardous trees, etc) 4. District contact for conflicts between neighbors and Preserve visitors (trespass,parking, noise,se, etc.) S. District contact for general questions regarding use and management of Preserves 6 How to make a suggestion or file a complaint regarding use and management of District Preserves or the District's operation in general(phone, write, e-mail, in person) • Contact information far Ombudsperson • Management and Board of Directors contact information • Website mailbox • Office hours and location • Board meeting dates and times 7. Copy of the Good Neighbor Policies Condition 6: Ombudsperson The District Board shall,by resolution, adopt a plan to appoint a citizen ombudsperson that is not an employee of the District. The duties of the ombudsperson shall be to receive inquiries and complaints from the public concerning District operations,and work with District staff to evaluate objectively the inquiry or complaint and respond as promptly as possible in an effort to resolve the issue. Said plan shall include a provision that within 60 days from the date of the recordation of the certificate of completion for LAFCo File 03-10,the ombudsperson shall have been designated to serve district constituents. Condition 7:Agricultural Management Expertise The District shall, by resolution adopt a plan to hire or contract with an individual or organization with agricultural management expertise. Said plan shall include a provision that after the date of recordation of the certificate of completion for LAFCo File 03-10 and upon subsequent acquisition of agricultural land within the Coastal Annexation Area the District shall hire or contract with an individual or organization with agricultural management expertise. Condition 8: District Board& Subcommittee meetings to be held in Coastal Annexation Area Because each land use management plan,policy update, acquisition project and planning of capital improvement project is subject to full review by the District Board (Page 23 of service plan), meetings of the District Board and/or subcommittees on such matters concerning Coastside annexation area territory shall be held in the coastal annexation area. The District shall by resolution, amend the District's rules of procedure to include this provision. 3 Timeline for LAFCo Conducting Authority/Protest Proceedings for Midpeninsula Regional Open Space District(LAFCo File No.03-10)(Activity dates in Bold have been completed.) ACTIVITY DATE Receipt of Application October 28,2003 Referral to Affected Agencies/Data Collection October 30 to December 1 Forward Data to Santa Clara LAFCo December 1 2003 Issued Certificate of Filing January 9,2004 starts 90 day clock for LAFCo Hearin Santa Cruz LAFCo adopts recommendation of approval Feb.4 Santa Clara LAFCo Hearing to adopts recommendation of February 11,2004 approval to forward to San Mateo LAFCo San Mateo LAFCo Hearing at Ted Adcock Center in Half Moon March 9,2004 Bay at 7:30 p.m.(to allow for input on coast and in Redwood City, 7.30 p.m. public hearing to be kept open and continued in Redwood City on Ted Adcock Center,HMB 3/17 San Mateo LAFCo Hearing at Board of Supervisors Chambers, March 17,2004 Redwood City at 2:30 p.m. 2:30 p.m. Board of Supervisors Chambers Redwood City San Mateo LAFCo Hearing at Ted Adcock Center in Half Moon March 30,2004 Bay at 7:30 p.m.(to allow for additional input on coast) 7:30 p.m. Ted Adcock Center,HMB San Mateo LAFCo Hearing for final action at Board of Supervisors April 7,2004 Chambers,Redwood City at 2:30 p.m. 2.30 p.m. Board of Supervisors Chambers Redwood City If approved,Notice of Protest Hearing(Must be issued within 35 days April 13,2004 of LAFCo action,Hearing may not be held sooner than 30 days from Official Notice in San Mateo LAFCo approval) Times on 4/13 and courtesy notice in Half Moon Bay Review on 4/14 Protest Hearing(Must be no sooner than 21 days and no later than 60 June 1 I(Friday) days after Notice)(Written protest must be submitted by conclusion of protest hearing.) *Note:signatures may only be collected from date of notice of hearing to hearing itself As delegated to the Executive Officer by the Commission,the By July 9,2004 Executive Officer shall determine the value of written protests submitted and not withdrawn(57072)and within 30 days of the protest hearing,make a finding about the protests submitted and not with drawn. 1. Termination The annexation will be terminated if written protests are filed with the LAFCo Executive Officer(and not withdrawn)by either • A majority of the registered voters residing in the affected territory or • A majority of owners of land within the affected territory whose properties also constitute a majority of the assessed value of land in the affected territory. 2. Election The annexation will be subject to confirmation by the registered voters residing in the affected territory (i.e., by an election) if protests are filed(and not withdrawn)by either • At least 25%,but less than 50°%,of the registered voters residing in the affected territory or • At least 25% of owners of land within the affected territory whose properties also constitute at least 25% of the assessed value of land within the affected territory. Executive Officer would request Board of Supervisors to call election and would provide impartial analysis for the ballot. 3. Approval The annexation will be completed if the number of protests filed with the LAFCo Executive Officer (and not withdrawn) falls below the threshold numbers stated above. 4 04: 26p HMB Review 6507266025 P. 1 NOTICE OF PUBLIC HEARING Annexation of Coastal San Mateo County to the Midpeninsula 17-1 Regional Open Space District NOTICE IS HEREBY GIVEN that the San Mateo Local Agency Formation Commission will hold a public hearing to receive written protest regarding the proposed annexation by Midpeninsula Regional Open Space District LAFCO'S Resolution approving the annexation with conditions can be reviewed at the LAFCo office. The LAFCo protest hearing will be held on Friday,June 11,2004 at 3:30 p.m.at the Ted Adcock Community Center,535 Kelly Avenue,Half Moon All Say,CA. Written protests against this annexation may be filed by owners of land within annexation area or.by registered voters residing within annexation area.Written protests may be mailed to San Mateo LAFCo,455 County Center,Redwood City,CA 94063 or delivered to the Executive Officer of the Local Agency Formation Commission at the protest hearing.Written protests may be submitted using the form below or by submitting hand or typewritten protest in writing. Each protest must state whether it is made by a landowner or a registered voter and P"•" must include the a street address or parcel number identiNnQ the location of_the land:a rectistered voter's protest must show the name and address appearing on the—affidavit of registration.Each written protest must be filed no later than the conclusion of the hearing to be considered valid.The effect of protests received will be i determined within 30 days following the hearing in accordance with Government Code Section 57075. For more information, contact Martha Poyatos,LAFCo Executive Officer at (650)363-4224. The effect of protests received will be determined within 30 day, following the hearing in accordance with Government Code Section 57075,as explained below: 1.Termination.The annexation will be terminated it written prat ists are tied with the LAFCo Executive Officer(and not withdrawn)by ItE a majority of the registered voters residing I i the affected territory or,a majority of owners of land within the affected territory whose properties also constitute a majority f the assessed value of land in the affected territory, 2.Election:The annexation Will be subject to confirmation by tth registered voters residing in the affected territory Ci,e.,by an election)if protests are filed(and not withdrawn)by either at east 25%,but less than 50%,of the registered voters residing in the affected territory orat least 25%of owners of Ian within the affected territory whose properties also constitute at least 25%of the assessed value of land within the ffected territory. 3.Approval-The annexation will be completed if the number ol protests tiled with the LAFCo Executive Officer(and not withdrawn)falls below 25%of the categories stated above. -------------------------------------------- PROTEST OF PROPERTY OWNER* Name of Prdpery owner,as shown on latest assessment toll: I Address or Parcel Number of the Property:i hereby protest against the proposal tilled:Annexation of nstal San Mateo County to the Midpeninsula Regional open Space District(LA120c,File No.03-10) Print Name: 'Signature: Date: PROTEST OF REGISTEREDVOTER Name and Add'ess of Registered voter.as shown on the affidavit Of registration' Address or Parcel Number of the Property: County to the Midpeninsula Regional I hereby Protest against the proposal tilled:Annexation of Coastal San Mateo open space oistrict(LAFCo Fit*No.03-10) Print Name: Date: on behalf of property ownerbyan agent rnusibea=rpaniodbyo,,,jner'svftlen authorization of the agent vdih respect to that lard.It title is held by more ore than one person jointly,protest should bear all signatures. Written protest must be received by June 11,2004 and can be rr ailed to:San Mateo LAFCo,455 County Center,RedwooclCity,CA 94063 or submitted at the protest hearing on June 11,2004 tc;be held at 130 p.m,at Ted Adcock Community Center,535 Kelly Avenue,Half Moon Bay,CA. .Published in the Son MatecTimes on April 13,2004. Courtesy notice published in the Halt Moon Bay Review on April 14,2004. Regional Open Sp,-4 e R-04-44 Meeting 04-10 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT March 28,2004 c;E1.s;BRA1'sNv 30 YEARS OF OI1F N Sr'a.cx PRFiSf RvAFFCSN AGENDA ITEM 4 AGENDA ITEM Approval of License Agreement With Residents of Sheldon Road for the District to Manage a Public Trail Across a Portion of Sheldon Road to Access El Sereno Open Space Preserve ASSISTANT GENERAL MANAGER'S RECOMMENDATIONS I Authorize the President of the Board of Directors or the General Manager to sign the License Agreement for the District to manage a trail access across a portion of Sheldon Road and any required Certificate of Acceptance with the residents of Sheldon Road. BACKGROUND On August 11,1999,the District approved a license agreement with Sheldon Road residents to allow public trail access across a portion of the road to the El Sereno Open Space Preserve(see Report R-99-113). The agreement arose from litigation relating to a dispute between trail users who claimed to have public prescriptive rights to use Sheldon Road and private property owners who owned and maintained the road. The District was not a party to the lawsuit. In January 1996,the District agreed to facilitate a settlement that resulted in the license agreement. Informal neighborhood equestrian and hiking access to El Sereno Open Space Preserve was well established at the time the District acquired the former Moore property(see Report R-75-17). This access originates from a number of residential streets including Sheldon Road,where trail users would enter the property around a gate and travel on an unsurfaced road to the top of El Sereno. The District has used Sheldon Road,a private road owned and managed by approximately 16 property owners,to access the preserve for maintenance, management, and emergency purposes since acquiring the preserve in 1975, when it purchased the first property for the preserve(the former Moore property). Following the opening of the preserve,the residents on Sheldon Road began experiencing problems with users of the preserve parking near the entrance to the preserve, and later also had increasing conflicts with bicyclists. In 1981 the Board directed staff to improve fencing and signing in the preserve to discourage parking. In 1989,the i eight-foot f Sheldon Road residents constructed an e ht oot fence to restrict access to the reserve in response to the g p p increased trail use that had resulted from road improvements made b the District to facilitate patrol and p Y emergency access to the preserve. In response to the fence blocking access to the preserve,a coalition of trail users formed the Committee for Open Space Access(COSA)to seek a public prescriptive right to Sheldon Road. In June 1990,COSA filed a lawsuit in Santa Clara County Superior Court seeking a judgment to allow public use of the road to access the preserve. In 1994,an agreement was reached between COSA and the Sheldon Road residents to seek binding arbitration. The District was not a party to either the lawsuit or the arbitration. However,at the request of the residents and COSA,the District did agree to assist with the process and to work closely with both groups in formulating the License Agreement that allows public trail use on a portion of Sheldon Road between the preserve and Overlook Road. The District will manage this portion of Sheldon Road using the same regulations that apply to the preserve. The License Agreement,which provides a revocable license to the District allowing the general public to use Sheldon Road for hiking an bicycling to and from El Sereno Open Space Preserve contain the following key conditions: 33o Dlstel Circle 650-691-1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,led Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-691-0485 fax www,openspace.org Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz L.Craig Britton 6 at R-04-44 Page 2 1. The road will be open to hikers and bicyclists. Equestrians,organized group bicycle rides, and public motor vehicles will be prohibited. 2. The District will regularly patrol the road and the preserve, and will provide patrol records to Sheldon Road residents upon request. 3. The District will indemnify and hold Sheldon Road residents harmless from claims that result from public trail use. 4. The District will not show Sheldon Road as a public trail on any District publication. 5. The District will install a gate and trail stile at the Sheldon Road entrance/exit to the preserve. 6. The District regulations will be in effect over the entire length of the licensed trail. 7. The Trail will be open to the general public during the same hours as the preserve, from sunrise to one-half hour after sunset. 8. The District will install a sign explaining the nature of the license agreement and the regulations for trail use at the upper and lower end of Sheldon Road. i 9. The District will install speed limit signs on Sheldon Road. 10. The District will assume a 1/15 share of the annual cost of maintaining Sheldon Road. Since District approval of the License in 1999,District staff members,with assistance from COSA and its attorney Ronald Rossi,have been obtaining signatures of property owners for the License Agreement. This process has taken much more time than anticipated due to the reluctance of some property owners to sign, and transfers of property ownership. To date, four property owners have not signed and notarized the License Agreement. The Licenses that have been signed by the other property owners should be executed by the District and recorded. District staff will continue to try and obtain signatures from the four remaining property owners who have yet to sign a License Agreement. Twelve owners have already signed License agreements so that the process has been fairly successful to date. i USE AND MANAGEMENT PLAN i The Preliminary Use and Management Plan was adopted by the Board on August 11, 1999(see Report R-99-113). No changes are proposed. CEQA COMPLIANCE On August 11, 1999,the District's Board of Directors determined this project was categorically exempt from CEQA, the California Environmental Quality Act(see Report R-99-113). PUBLIC NOTIFICATION Owners of privately owned properties located adjacent to Sheldon Road have been notified of this transaction. Prepared by: Thomas W. Fischer,Land Protection Specialist Contact Person: same as above Regional Open Sp...111--e �- 4 7 Meeting 04-10 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT April 28,2004 CEI,EBRAI-ING 30 YF,ARS OF OPEN St'A(,E PRF,SERVA I ION AGENDA ITEM 5 AGENDA ITEM Authorization to the Amend Contract with HRB Construction, Inc. for Change Order Items Related to Fire Marshal Requirements for Construction of the Foothills Field Office Maintenance Shop Building Replacement at Rancho San Antonio Open Space Preserve. ASSISTANT GENERAL MANAGER'S RECOMMENDATIONS 1. Authorize the General Manager to amend the current contract with 416 Constructio nc. of San Jose in the sum of$81,567,for construction Change Orders covering items required by the Santa Clara County Fire Marshal's office. 2. Authorize a contingency amount of up to$16,313,for a total contract amendment not to exceed $97,880,and a total contract amount not to exceed$837,110. BACKGROUND At the February 25, 2004 meeting, the Board authorized an amendment to the contract with Panko Architects for additional design services related to requirements and conditions imposed by the Santa Clara County Fire Marshal's office.The report for that authorization(R-04-27) also stated that the contract with HRB Construction, Inc., the general contractor for the project, would need to be amended to accommodate these changes. To date,HRB has completed demolition of the previous shop building, installed new underground utilities,completed the concrete foundation and slab for the new building, and is currently erecting the new building shell. DISCUSSION Due to lack of sufficient water flow to the site,the County Fire Marshal's office requested that a new 6- inch diameter supply pipe be installed to replace the existing 4-inch pipe from the tank atop Mora Hill. This was estimated to cost approximately$300,000. After further discussion and negotiation over several months, an agreement was reached that would eliminate the requirement for this new pipeline in lieu of a series of design changes in the new building to reduce the fire risk on the site.These changes include: 1. Installation of a fire sprinkler system throughout the new building with quick-response sprinklers. 2. Installation of a ceiling at 20-feet height in the maintenance bay area to increase the reaction efficiency of the sprinklers. 3. Change the exterior wall of the building that faces the existing office building to a wall rated for one-hour fire resistance. 4. Provide an additional standard fire hydrant on the south side of the building 5. Upgrade the two existing fire hydrants to standard hydrants. 6. Upgrade the existing pipe going to all fire hydrants from four inches to six inches, from a point of connection on the west side of the site. The original contract amount with HRB approved by the Board was for$710,798,plus a contingency amount of$28,432 (4% of contract), for a total amount not to exceed$739,230 (see Report R-03-99). The contract was based on the bid price provided by HRB, the lowest responsive bidder, during the September 33o Distel Circle 650-691-1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nanette Honko,Larry Hassett,Kenneth C.Nitz L.Craig Britton R-04-47 Page 2 23, 2003 bidding. The additional requirements by the Santa Clara County Fire Marshal's office were not yet known at that time, so the bid prices did not include the above listed items. To date, the original contingency amount of$28,432 has been used on Change Order items generally related to these additional requirements including the following: 1. Installation of temporary electric power during construction $2,645.00 2. Flow-test water supply to determine adequacy for fire protection $2,284.00 3. Install new underground fire and domestic water pipes $12,615.00 4. Separate trenches for fire and domestic water pipes $1,437.00 Total $18,981.00 The current Change Order items that require an amendment to the original contract are: 5. Separate underground 6"pipe for fire hydrants. In addition to #4 above, $12,120.00 includes trenching and boring under foundation. 6. Design and install fire sprinkler system in building $28,355.00 7. Plan check revisions: doors, frames, hardware $2,645.00 8. Plan check revisions: ventilated heaters and additional gas piping. $18,377.00 9. Plan check revisions: miscellaneous items $3,453.00 10. Ceiling in repair bay area for fire sprinklers $14,997.00 11. Exterior service sink and associated plumbing $1,620.00 Total $81,567.00 The District's staff and consultants believe that the negotiations with the Fire Marshal are complete and there will be no additional requirements. HRB has been asked to provide a complete list of items and prices that will cover all remaining costs related to completing construction under this contract. However, there is the possibility that an unforeseen condition may arise before construction is complete which may require additional change orders. It is therefore recommended that a contingency of$18,717, 20% of the total change order amount,be added to the approved amendment for a total not-to-exceed change order amendment of$97,880. This contract amendment for change orders and an additional contingency will increase the total contract amount to $837,110, as shown in the table below. Original contract amount $710,798 Previously approved contingency $28,432 Current change orders $81,567 Additional contingency $16,313 Total contract amount not to exceed $837,110 R-04-47 Page 3 FUNDING Additional requirements from the Fire Marshal were anticipated during fiscal year 2004-2005 budget. Therefore, there are sufficient funds allocated in the current project budget. Prepared by: Steven Schur,ASLA!APA, Open Space Planner II Contact Person: Same as above i Regional Open Sp..A.:e -04-46 Meeting 04-10 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT April 28, 2004 C:EEEBRATING 3O YEARS OF OPEN SPACI, PRESERVATION AGENDA ITEM 6 AGENDA ITEM Authorization for Payment and Appropriation of Funds for Legal Services from the Law Firm of Shute, Mihaly and Weinberger in Connection with the Coastside Protection Program and related to Half Moon Bay Coastside Foundation v. Midpeninsula Regional Open Space District in an amount not to exceed $96,000. GENERAL COUNSEL'S RECOMMENDATIONV s Authorize the payment and appropriation of budgeted funds for legal services from the law firm of Shute, Mihaly and Weinberger in the matter of Half Moon Bay Coastside Foundation v. Midpeninsula Regional Open Space District and to provide legal services related to the Coastside Protection Program in an amount not to exceed $96,000. DISCUSSION On June 6th, the Board certified the Final Environmental Impact Report and took other related actions in connection with the Coastside Protection Program. This enabled the District to submit an application to the San Mateo Local Agency Formation Commission for approval of the Coastside Protection Program, which was granted on April 7, 2004. The LAFCo process required specialized legal services, as did other aspects of the Coastside Protection Program as it proceeded through its next phases. There was also a need for these services due to the filing of a lawsuit seeking to invalidate the Board's certification of the Final EIR. The above-entitled lawsuit was filed on July 8, 2003. On April 13, 2004, the Santa Clara Superior Court ruled in the District's favor in the lawsuit on all grounds. The defense of this lawsuit and the lengthy LAFCo process required specialized legal skills. On July 23, 2003, the Board authorized the retention of the law firm of Shute, Mihaly and Weinberger to represent the District in this litigation and in connection with the Program, and authorized legal services in an amount not to exceed $50,000 (see Report R-03-72). An additional $50,000 for legal services was approved with mid-year adjustments to the 2003-2004 fiscal year budget (see Report R-03-117). Staff anticipates the continued need for specialized legal services during this fiscal year, as the Program enters the next phases of the LAFCo process. Staff also anticipates further litigation and/or appeals concerning the Program based upon statements from the litigant and some members of the public. Accordingly, the Board authorized the sum of $96,000 to be appropriated in the Fiscal Year 2004-2005 budget to cover legal costs associated with proceeding with the Coastside Protection Program. Since the process continues to be lengthy, and staff does at this time anticipate additional litigation defense and potential appeal 33o Distel Circle 6So-6gi-12oo info@openspace.org BOARD OF DI RECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-691-0485 fax www,openspace.org Deane Little,Nanette Honko,Larry Hassett,Kenneth C.Nitz L.Craig Britton R-04-46 Page 2 costs, General Counsel recommends authorizing the full appropriation at this time so that staff will have funds immediately available as needed for legal services. Funds for this are budgeted in the Planning Department's fiscal year 2004-2005 budget for the Coastside Protection Program. The warrant list for tonight's meeting includes requested approvals for payment for legal services through February 2004 in the amount of$38,299.66. Of this amount, 27,010.75 are allocated in the Planning Department's fiscal year 2003-2004 Budget for the Coastside Protection Program. The remainder will be paid from the funds budgeted for these services in the District's 2004-2005 Budget. Report prepared by: Susan Schectman Contact person: Susan Schectman Claims No. 04-07 Meeting 04-10 Date April 28, 200 Revised Midpeninsula Regional Open Space District # Amount Name Description 7513 $480.00 2M Associates Coastal Annexation Consultant Study 7514 $1,028.38 A Royal Wolf Portable Storage Storage Rental Units-SFO&FFO 7515 $1,000.00 * Academy X Microsoft Access Level II Training 7516 $147.37 * Accents&Artech Lamination Supplies 7517 $358.26 * Acme&Sons Sanitation Sanitation Services 7518 $383.04 * ADT Security Services Burglar Alarm Service 7519 $1,136.17 * All Chemical Disposal,Inc. Oil Spill Clean Up 7520 $324.53 * All Laser Service Printer Service 7521 $240.75 All Premium Promotional Products CA Trail/Earth Day T-Shirts 7522 $2,979.55 * All Premium Promotional Products Volunteer Uniform T-Snap Tote 7523 $707.03 * Allied Auto Works Vehicle Service and Repair 7524 $85.00 Andrew Coleman New Docent Training 7525 $1,325.00 * Art-Craft Carpet&Linoleum Shop Vinyl Installation-Rental Unit 7526 $414.91 * AT&T Wireless Cellular Phone Service 7527 $397.35 * Avaya,Inc. Annual Telephone Service Agreement 7528 $569.16 Barg Coffin Lewis&Trapp Legal Services-Guadalupe Watershed 7529 $63.24 * Barg Coffin Lewis&Trapp Legal Services-Guadalupe Watershed 7530 $1.19 * Baron Welding&Iron Works,Inc. Plumbing Supply 7531 $51.53 * Beck's Shoes Inc. Uniform Shoes 7532 $697.61 Big Creek Lumber Fencing Materials 7533 $1,643.69 * Big Creek Lumber Fencing Material&Lumber 7534 $1,163.17 * Bimark,Inc. District Staff Pins 7535 $123.25 Body Therapeutics Safety Supplies 7536 $295.88 Brim Tractor Company,Inc. Tractor Accessories 7537 $122.49 Browning-Ferris Industries Garbage Service 7538 $509.31 Butler's Uniforms Uniform Expense 7539 $308.00 *1 CA Dept.of Fish and Game Streambed Alteration Permit-Pulgas Staging Area 7540 $40,000.00 * California Conservation Corps Invasive Plants Removal 7541 $675.00 *2 California JPIA Supervisory Training 7542 $178.80 California Water Service Company Water Service 7543 $99.63 * California Water Service Company Water Service 7544 $158.00 Camino Medical Group Medicaf Services 7545 $432.05 * Carlson,Kerry Reimbursement-Uniform Expense 7546 $87.93 Cascade Fire Equipment Company Field Supplies 7547 $880.29 CDW Government,Inc. Computer Supplies 7548 $1,384.05 * CDW Government,Inc. Computer Supplies 7549 $1,298.15 * Central Coast Bat Research Survey-Red Barn 7550 $5,642.00 * City of Mountain View Dispatch Services 7551 $1,407.60 City of Palo Alto Legal Consulting-Ranger Manual 7552 $8.88 * City of Palo Alto Utilities Utility Fee-Montebello Road 7553 $80.00 * Clark Pest Control Pest Control 7554 $373.80 Cole Supply Co.,Inc. Janitorial Supplies 7555 $20.00 Compass Nonprofit Services Training-E.Cuzick 7556 $1,875.00 Concern EAP Quarterly Fee 7557 $600.00 * Concern Onsite Training 7558 $267.44 * Congdon,Bunny Reimbursement-Mileage&CSMFO Conference 7559 $180.07 * Continuing Education of the Bar Legal Books 7560 $30.00 * Contra Costa County Watershed Atlas 7561 $1,370.39 * Costco Supplies 7562 $50.00 County of Santa Clara-Fiscal Services Finger Print Services Page 1 of 6 Claims No. O4-07 � Meeting 04-10 Date April 28. 200 Revised Midpeninsula Regional Open Space District # Amount Name Description 7563 $4.265.00 County n[Santa Clara Tax Collector Mahunn Property Tax 756* $25.47 CSnAu/o Vehicle Supplies � 7565 $50.97 Cupertino Bike Shop Bicycle Supplies 7�� $3UOO ° Cupertino Bicycle� � °oGupp|ioe � 7567 $76.50 CuhaleDe|lavemvnHirschfeld Legal Services 7568 $16.925.00 Davey Tree Expert Company Tree Removal'Windy Hill roVo *225o0 ` Del Rey Building Maintenance Cleaning Services'Nature Center 7*70 $381.62 Dell Account Computer Supplies'Backup Tapes 7571 $420.02 Design Concepts GmpmuoanignS=mipeo-Pnouors 7572 $300.00 ° Diane West-Bourke Docent Training 7573 $172.86 Dorfman Pacific Field Supplies 7e74 $336.56 ~ Downing,Brendan Reimbursement'PRACConference 7575 *288.00 ~ East Bay Regional Park District Signs 7576 *4.400D0 ~ Economics Research Associates Consulting Services'Coastal Annexation Fiscal Studies 7577 *5.559.38 ESR| National Goongnapmc Image Support 7578 $144.90 ` Federal Express Express Mailing 7579 $747.06 Fenton Communications Communications&Public Affair Services-San Mateo County Coastal Protection Program rson $11.956.40 ^a First Banxna,u 4022.98-Tmmmg&CnmiExp 2046.28-8oftv re&Computer Equipment 28SUJ4-Fio|d Equip.S pp.&UnKunnExp. 1532s3'05ouSupnowo 280.96-Subv.&avwxn 195.00-Mombnromp 0O57O'Outof Town Business Meeting 382.2O-Lnne|Business Meeting 7581 *183.24 Fitzsimons,Renee Reimbursement'Volunteer Recognition Event 7582 *353.39 ° Fitzsimons,Renee Reimbursement-Fremont Older House Tour&Volunteer � Supplies 7503 $525.00 Forest Preserve District nfoupagu 2OO4 Special Park Districts Forum Cun[Fee County 7584 $103.94 Forestry Supplies,Inc. Field Supplies 7e85 *2'950.27 ^ Forestry Supplies,Inc. Field Supplies � 7580 *174.07 Foster Brothers Lock u Key Services � 7587 $40a0 ^ Foster Brothers Lock u Key Services 7588 *184.13 ^ Freeman,Matt Reimbursement-Mileage-2Months 7588 $308.24 Freyer&Laureta.Inc. Consulting Services-Windy Hill Project 7*90 $52.46 G&nService Shop Towel Service 7591 *1.412*7 ~ Gumen|o^d Power Equipment Field Supplies&Equipment � 75e2 $3.849.37 General Graphics Exhibits Graphic Design Services � 7593 $4.832.30 General Graphics Exhibits Pedestal Platform&Site Maps 7584 $17.978.04 ^ Goulogica.mo. Consulting Services-Rancho De Guadalupe Mercury � Remodiahun � 7595 $378.69 ~ Ghahrem ni.Fahba Tuition Reimbursement 7*96 $373.10 ^ Gmodcm Press,Inc. Printing Services'Bay Tree Invitation&Business Cards 7597 $160.16 ^ Grainger,Inc. Field Supplies 7598 $16.000.00 ~ Graphic Arts Center Publishing Printing District Book Company 7599 $1*3.00 ^ 8moo Printing Services'Spaces m Species Passport Covers rVoV u498.00 Green Waste Recovery,Inc. Garbage Services 7601 $460.00 ^ Green Waste Recovery,Inc. Garbage Services 7602 $1.582.48 ^ GSA Global Supply CYA Brush Cleaning Services 7603 %102J6 Hawkins Traffic Safety Supply Stop Signs for Preserve Boundaries Page of Claims No. 04-07 Meeting 04-10 Date April 28, 200 Revised Midpeninsula Regional Open Space District # Amount Name Description 7604 $10,670.00 Hitech Construction Management& Construction Management Service-FFO Shop Building Design 7605 $3,402.21 Home Depot,Inc. Field Supplies&Equipment 7606 $154,998.49 HRB Construction,Inc. Engineering Services-Foothills Shop Building 7607 $2,460.66 Indoff Incorporated Furniture-Ergo Chair&Desk Unit 7608 $386.45 Interstate Traffic Control Product Sign Posts 7609 $6,842.50 Jason Riggs Media Relation Services-San Mateo County Coastal Protection 7610 $90.00 Jim Davis Auto Vehicle Smog Tests 7611 $29.95 Jobs Available,Inc. Subscription Renewal 7612 $1,300.00 *4 John Deere Company Training 7613 $93.75 * Jurgensen,Rudy Reimbursement-Mileage 7614 $772.18 * Jurich,Michael Reimbursement-CA JPIA Training 7615 $256.88 * Kern,Grant Reimbursement-Uniform 7616 $7,875.00 Kier&Wright Civil Eng.&Surveyors,Inc. Consulting Services-Monte Bello OSP 7617 $544.45 Kinko's Printing Services 7618 $100.90 * Kwik Key Lock&Safe Co.Inc. Key Services 7619 $120.99 * Lab Safety Supply Field Supplies 7620 $192.58 * Lausten,Tom Reimbursement-Uniform Expense 7621 $3,406.08 LFR Levine Fricke Engineering&Design Services-Pulgas Ridge 7622 $5,452.80 * LFR Levine Fricke Engineering&Design Services-Pulgas Ridge 7623 $524.88 * Life Assist First Aid Supplies 7624 $180.00 * Lisa Myers Docent Training 7625 $129.83 Los Altos Garbage Co. Refuse Services 7626 $392.54 * Los Altos Garbage Co. Refuse Services 7627 $1,756.50 * M.T.Metal Fabrication,Inc. Brochure Boxes 7628 $1,797.70 Maaco Vehicle Repairs 7629 $29.01 Madco Welding Supplies 7630 $72.48 * Malone,Brian Reimbursement-Uniform Expense 7631 $6.10 * MCI Long Distance Telephone Service 7632 $69.46 McKowan,Paul Reimbursement-Volunteer Supplies 7633 $521.34 * McKowan,Paul Reimbursement-Volunteer Recognition Gifts 7634 $119.92 * MegaPath Networks Internet Connection-DSL Line-SFO 7635 $2,351.05 * MetroMobile Communications Radio Repairs&Maintenance 7636 $422.18 Micromedia,Inc. Microfilming Board Records 7637 $445.47 Miller,Starr&Regalia Legal Services 7638 $46.55 Minton's Lumber&Supply Field Supply 7639 $118.36 * Minton's Lumber&Supply Field Supply 7640 $75.39 Mocean Uniform Supplies 7641 $334.00 Monster Mechanical,Inc. HVAC Maintenance&Repair-Admin.Office&Tenant Space 7642 $1,133.00 * Monster Mechanical,Inc. HVAC Maintenance&Repair-Admin.Office&Tenant Space 7643 $1,010.52 * Mountain View Garden Center Wood Chips-Rancho San Antonio 7644 $430.00 * National Association for Interpretation Personal Interpretation&Interpretive Planning Books 7645 $12,178.16 *## Native Solutions Herbicide Spray Services 7646 $194.21 * Newbum,Michael Tuition Reimbursement 7647 $13,197.36 * NFP Accounting Technologies Installment Payment Accounting Software 7648 $155.44 *5 North American Title Company Property Taxes-McKanney Conveyance 7649 $2,425.60 * Office Depot Office Supplies 7650 $2,196.08 * Orchard Supply Hardware Field Equipment&Supplies Page 3 of 6 Claims No. 04-07 Meeting 04-10 Date April 28, 200 Revised Midpeninsula Regional Open Space District # Amount Name Description 7651 $4,899.72 Page&Turnbull Construction Drawings&Services-Picchetti Ranch Winery Building 7652 $24.98 * Paterson,Loro Reimbursement-Uniform 7653 $107.98 * Peninsula Digital Imaging Boards-LAFCO Public Hearing 7654 $445.42 * Petrotek Fuel Pump Repairs 7655 $998.71 * PhotoTime Thank You Cards 7656 $91.85 Pine Cone Lumber Lumber 7657 $28.06 * Precision Engravers,Inc. Name Tag Engraving 7658 $189.03 * R.V.Cloud Plumbing Supplies 7659 $29.14 * Rancho Hardware&Garden Shop Field Supplies 7660 $39.02 Rayne Water Conditioning Water Conditioner Service 7661 $759.26 * Redwood General Tire Co.,Inc. Tire Repair&Tires 7662 $90.28 * Reed&Graham,Inc. Rice Straw Bales for Trail Restoration-Achistaca 7663 $60.00 * Reneau,Frances Reimbursement-Uniform Expense 7664 $616.25 * Rice Trucking-Soil Farm Delivery Services 7665 $2,655.00 * Richard Seaver Pig Control Services 7666 $1,800.00 Roberta Wolfe Recording Services 7667 $136.00 Roessler,Cindy Reimbursement-Society for Ecological Restoration Conf. 7668 $306.10 * Roessler,Cindy Reimbursement-Society for Ecological Restoration Conf. 7669 $1,383.49 Roy's Repair Service Vehicle Repairs&Service 7670 $2,326.51 * Roy's Repair Service Vehicle Repairs&Service 7671 $23.34 Royal Brass Inc. Field Supply 7672 $131.52 Safety Kleen Oil Recycling&Solvent Tank Service 7673 $34.92 * San Jose Mercury News Quarterly Subscription 7674 $815.58 San Jose Water Company Water Service 7675 $112.00 San Mateo Co.Planning&Building Div. Coastal Development Permit Fee 7676 $10.00 San Mateo Co.Public Health Lab. Tick Testing 7677 $51.93 San Mateo County Times Quarterly Subscription 7678 $6,000.00 * Sandra Large Videographer Services 7679 $226.14 * Sanguinetti,David Reimbursement-Uniform Expense 7680 $152.00 *6 Santa Clara County Planning Permit-Lobner Demolition 7681 $1,202.00 * Santa Clara County-Dept.of Env. Permit-Hazardous Material Storage Health 7682 $148.13 SBC Payment Center Telephone Service 7683 $1,965.11 * SBC Payment Center Telephone Service 7684 $17.12 *7 SBC Payment Center Telephone Service 7685 $120.30 * SCCHHW Hazardous Waste Removal 7686 $537.67 Sears Field Supplies 7687 $28.90 * Second Cup Caf6 Local Business Meetings 7688 $117.23 *8 Serendipity Land Yachts Deposit-Fremont Older House Tour Shuttle 7689 $351.71 *9 Serendipity Land Yachts,Ltd Fremont Older House Tours 7690 $993.62 * Shell Credit Card Center Fuel 7691 $20,402.78 * Shelterbelt Builders,Inc. Consulting Services-Invasive Plants 7692 $27,010.75 Shute,Mihaly&Weinberger LLP Litigation:Half Moon Bay Coastside Foundation vs MROSD 7693 $11,288.91 *** Shute,Mihaly&Weinberger LLP Litigation:Half Moon Bay Coastside Foundation vs MROSD 7694 $142.89 Silacci's Feed Barn,Inc. Gates-Achistaca Trail 7695 $160.65 * Skyline Builders,Inc. Demolish-La Honda House Former McDonald Res. 7696 $160.65 *10 Skyline County Water District Water Service 7697 $146.03 * Sparks-Hart,Carrie Reimbursement-Mileage 7698 $64.90 Staples Credit Plan Office Supplies 7699 $36.00 Summit Uniforms Uniform Expense Page 4 of 6 I Claims No. 04-07 Meeting 04-10 Date April 28. 2OO Revised Midpeninsula Regional Open Space District # Amount Name Description 7700 $837.79 ° Summit Uniforms Uniform Expense � 7701 $24537 ° Tadnn8upply Janitorial Supplies � 7702 $1.608D0 ` Target Specialty Products Field Supplies � � 7700 $2.500.00 ^ Telecommunications Engineering Identify Two-Way Radio System Interference Problem Amvucamx � � 7704 $850.00 Talemax Communications Phone Repair � 7/05 $6480 Tenninix Past Control � 7706 $1.188J1 ° The ReUznnCompany Printing Services'Notice of Appear Form 7707 $2.550.00 TimmhyC.Best.CEG Consulting Services'Pu|Qoo Ridge Road Assessment 7708 $2.507.50 ° TimmxyC.Bom,CEG Consulting Services'ECDM Road Assessment 7709 $701.37 Tires un the Gu Tires&Tire Repairs 7710 $74.38 `11 Togou U&M Committee Lunch Meeting 7711 $186.65 ° Tony&NbonPizza Local Business Meeting'Consultants � 7713 $227.30 ` Ton|ond.|nn. Field Supplies � 7713 *67.50 ^ Top|oy.Dovid Reimbursement'CAPPOMembership 7714 *100.00 ~ Town ufWoodside Meeting Facility Rental Deposit 7715 $3.768.27 ~ Turf&Industrial Equipment Co. Vehicle Supplies � 7716 *21.80 ^ United Parcel Service Parcel Shipping 7717 $8.206.98 ^ United Rentals Highway Tech. Signs 7718 $450.00 United Soil Engineering,Inc. FFO Shop Bldg'Consulting Geologic Services 7719 $56.21 United States Postmaster Postage 7720 $5.300.00 Valley Tree Care Tree Removal Omm|mos-Thun`ewuod /721 $24o7 ~ vonzvn Pager Service 7722 $2.364.62 ~ Vu.Doug|as Reimbursement' San Mateo County Planning&Building Permit 7723 $68.46 ^ VYeorGuun1 Uniforms 7724 $62.03 ^ We|onotno.Gumudu Roimbumoment-Mi|omgo � 7725 $2.006.52 ° West Coast Aggregates,Inc. Base Rock for North Ridge Road-puhoinmCreek � 7726 *587.07 West Group On-Line Legal Services � 7727 *92.50 ^ Williams,Mike Reimbuoemom-|RVVAMombemhip � 7728 $122�25 VYondhu,y.Cathy Rnimhvmoment-Mi|aogo � � 7728 $240.63 ^ VVondo.Del Mileage Reimbursement-3 Months � 7730 $250.00 ^ Woodside&PnMm|e Private Patrol Patrol Services'Windy Hill 7731 $86J0 ^ Workingman's Emporium Uniforms vruu *85.80 Xpodim Fax Broadcast System Services 7738R $1,649.53 °12 Alonzo Printing Co..Inc Postage for Brochure Mailing 7734R *1.317.80 °13 Alonzo Printing Co..Inc Resident&Business List/ink Jet Pm000ning'Coomuido Mailing 7735n $5.018.82 ^14 Alonzo Printing Co..Inc. Brochure x,Cnomsiue Roomnnm 7736R *628.98 Petty Cash Conference&Training Expense,Office&Field Supplies, Vehicle Mileage Reimbursement,Volunteer Supplies, Out of Town&Local Bus.Meeting Expense 7737R *418.00 San Mateo Co Resource Con.District Grading Permit Exempmion'ECdM 7738R $200.00 San Mateo Co Resource Con.District GradingCmnifimox+ECdM 7739R $500.00 ^15 State Water Resources Control Board Pu|qon-WaterOuo|ity Certification Application Page omo Claims No. 04-07 Meeting 04-10 Date April 28, 200 Revised Midpeninsula Regional Open Space District # Amount Name Description Total $550,524.92 *1 Urgent Check Issued 3/30/04 *2 Urgent Check Issued 3/30/04 *3 Urgent Check Issued 03/30/04 *4 Urgent Check Issued 3/26/04 *## Expenditures to date exceeds 10K but not 25K *5 Urgent Check Issued 3/24/04 *6 Urgent Check Issued 3/29/04 *7 Urgent Check Issued 3/30/04 "8 Urgent Check Issued 3/30/04 *9 Urgent Check Issued 4/22/04 In the event Agenda Item 6 is not approved,this claim will not be processed *10 Urgent Check Issued 4/08/04 *11 Urgent Check Issued 4/02/04 * Urgent Checks Issued 4/14/04 *12 Urgent Check Issued 4/26/2004 *13 Urgent Check Issued 426/2004 *14 Urgent Check Issued 4/23/2004 *15 Urgent Check Issued 4/27/2004 Page 6 of 6 Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT I I To: Board of Directors /f From: L. Craig Britton, General Manager t� Date: April 28, 2004 Re: FYI's 330 Distel Circle • Los Altos,CA 94022-1404 • Phone: 650-691-1200 Fax:650-691-0485 • E-mail:mrosdoopenspace.org • Web site: www.openspace.org Regional Open SpOL-e INTER-OFFICE MEMORANDUM MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CELEBRATING 30 YEARS OF OPEN SPACE PRES RVATION To: C. Britton, General Manager ti From: M. Williams, Real Property Manager I Date: April 8, 2004 Subject: 33.85-Acre POST (McKannay) Property Addition to Sierra Azul Open Space Prese Escrow closed for the subject transaction on March 25, 2004, and title to and possession of this 33.85-acre parcel passed to the District. I am not aware of any use and management concerns that were not addressed in the staff report to the Board. In accordance with the public notification policy, and since there were no public and/or adjoining owner comments which might require amendment to the use and management recommendations, close of escrow marks the final adoption of the preliminary use and management plan recommendation as tentatively approved by the Board of Directors at their meeting of February 11, 2004. DEDICATION/ACQUISITION CHART INFORMATION Ownership Status: Board Approval Preserve/Area County/A.P.N. Grantor Acres (Fee,Easement,Lease, Date/Res. No. Mgmt Agmt.) Sierra Azul- Santa Clara POST February 11, 2004 Mt. Umunh 562-24-001,005,006,010,069; (McKannay) 33.85 Fee (4-( 562-25-027,38 Dedication Mgmt. Status: Date/ Status: Closing Date (Open,Closed,CMU,or Mended Type Purchase Price GIS Code Other) Withheld) March 25,2004 Closed Witheld Gift $150,000 Est. Value Misc. Notes: cc: Board of Directors Administration Operations Accounting Planning Public Affairs 33o Distel Circle 650-691-1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nanette Honko,Larry Hassett,Kenneth C.Nitz L.Craig Britton BAY AREA RIDGE TRAIL *M COUNCI L April 23"d, 2004 Midpeninsula Regional Open Space District 330 Distel Circle Los Altos Hills, CA 94022-1404 Att: Matt Freeman, Open Space Planner Dear Mr. Freeman: I am pleased to let you know that your grant request for$31,000 for the Planning and Design of Public Access Improvements at El Corte de Madera Creek Open Space Preserve has been approved by the Bay Area Ridge Trail Council's Board of Directors. Your project has been forwarded to the Coastal Conservancy for an anticipated final approval at the Coastal Conservancy's Board Meeting scheduled for June 30", 2004. Should the Coastal Conservancy approve this project in June, you will then finalize this planning contract with a Conservancy project manager. Ridge Trail staff will help coordinate any information needed for this final Board approval as well as help facilitate the execution of your contract,as needed. Ridge Trail staff will continue to monitor the grant on behalf of the Conservancy to ensure that the project is completed in accordance with the grant requirements and contract deadlines. The Bay Area Ridge Trail Council is pleased to have been able to secure this round of Proposition 40 funds on behalf of our partners. We look forward to completing this planning and design project and identifying the Ridge Trail route from Corte Madera to La Honda Creek. This project could eventually open up 1.25 new miles of the Bay Area Ridge Trail and set in place the planning for making this critical connection between two Preserves. Congratulations, and please don't hesitate to contact your Ridge Trail project manager,Bob Power, with any questions as we work together on implementing this important Ridge Trail project. Sincerely ours, Holly Van Ho en,Executive Director Cc: Assemblyman Joe Simitian Larry Hassett,Director-Ward 6 L. Craig Britton, General Manager Cathy Woodbury,Planning Manager Sandy Sommer, Senior Planner Mary Small,Coastal Conservancy 1007 GENERAL KENNEDY AVENUE,SUITE 3,SAN FRANCISCO,CALIFORNIA 94129-1405 PHONE (415) 561-2595 FAX (415) 561-2599 www.ridgetrail.org info@ridgetrail.org Regional Open Splice g p MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Paul Morabito, Chairman CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION California Coastal Conservancy 1330 Broadway, Suite 1100 Oakland, CA 94612 Subject: Bay Area Open Space Council Grant Proposal . Mo Dear Mr. rabito: As General Manager of the Midpeninsula Regional Open Space District I would like to strongly endorse the Bay Area Open Space Council's grant request. i By working closely with the Council,the Coastal Conservancy has established the highly effective and well-respected Bay Area Conservancy Program. This program has become a model for how to implement state-local partnerships. The grant proposal before you supports several inter-related projects which together will help the Coastal Conservancy advance the Bay Area Conservancy Program to the next level of effectiveness. A major initiative in this proposal is the development of a more rigorous understanding of regional goals. The initiative focuses on habitat values. However, it is also designed to help the region address the challenges of operating and maintaining our parks and protected open space lands, implementing the proposed regional trail network, and meeting the growing demand for family camping opportunities. The grant proposal would also help fund a variety of sub-regional goal development and capacity building projects. I have seen first hand the value of these projects. In San Mateo County,the Council initiated a partnership approach to stewardship challenges in the western,coastal section of the county. The Council's work has led to a major project, now underway,to try and resolve the respective water needs of local agriculture and those of protected fish species. This work had the additional benefit of helping strengthen relationships between agricultural, environmental organizations, and park relationsh ips s recently aid a big dividend for our District,with agencies. These improved p Y p g g p the endorse ment of the San Mateo County Farm Bureau for the Districts Coastside Protection Plan. e Bay Area Open Space Council ant proposal. I urge your approval of the y p p � P p Si cerely, L. Craig ritton General Manager 33o Distel Circle 650-6gi-1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,led Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nanette Hanko,Larry Hossett Kenneth C.Nitz L Craig Britton INTEROFFICE MEMORANDUM April 20, 2004 TO: L. Craig Britton, General Manger FROM: G. Baillie, Management Analyst SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY Month March Year 2004 VIOLATIONS CITES TOTALS CRIMES CITES TOTALS Bicycles Auto burglary 0 2 Closed area 5 8 Suicide 0 1 Speed 7 13 Resisting Peace Officer 0 1 Helmet 14 22 False Info to Peace Night-riding 0 0 Officer 0 2 Dogs Prohibited area 6 12 ACCIDENTS/INCIDENTS Off-leash 11 16 Bicycle accident 3 Off-road vehicles 0 1 Equestrian accident 0 Closed area 2 2 Hiking/running accident 0 After hours 5 25 Other first aid 2 Fishing 0 0 Search & Rescue 1 Vandalism 0 2 Vehicle accident 0 Parking 43 49 LZ air evacuation 2 Parking after hours 32 47 Fire 0 Dumping/littering 0 3 Camping 0 0 ENFORCEMENT Weapons Parking citations 75 Actual contact 0 0 Other citations 54 Report only 0 0 Written warnings 69 Evidence of 0 0 Arrests 0 Plant collecting 0 2 Police assistance 2 Drunk in public 2 2 Smoking 0 3 MUTUAL AID Other pets 1 1 Accident 6 Unlicenced driver 1 1 Law enforcement 0 Group w/out permit 0 1 Landing zone off-site 0 Encroachment/ HazMat dumping (motor oil) 1 unlawful construction 0 1 Minor poss alcohol 0 3 SUMMARY OF SIGNIFICANT INCIDENTS BY DATE Date 13 A vehicle was left overnight in the Rancho San Antonio County Park. An initial check of the registration revealed no problems with the vehicle. The following day the registration was checked again, and the owner was reported as a missing person. Santa Clara County Sheriff's Dept. searched the vehicle and found a handwritten map. Based on the map, deputies and rangers located the deceased owner in Rancho. He was hanging from a tree, an apparent suicide victim. The county coroner removed the body. B. Guzman 13 K. Carlson approached a car on Pheasant Road. A man associated with the vehicle ran into the closed area of Sierra Azul. The driver was found to have a suspended license for DUI, and the passenger was not licensed. The driver's mother was called to pick up the vehicle. A sheriff's deputy was able to respond approximately one hour after the commencement of the contact, and requested that the driver be cited for driving on a suspended license. The man who ran into the closed area was not found. 14 A visitor reported that he had found an abandoned mountain bicycle off the trail at Purisima. The bicycle was not listed as stolen. R. Carlson and L. Paterson searched nearby on an informal trail down into the canyon and creek and found the packaging from a garden hose. Deputies responded, and said they would pass along possible marijuana cultivation to the Narcotics Task Force. The mountain bicycle was logged into evidence as found property. 23 A vehicle parked in the Portola lot at Windy Hill was burglarized. The passenger side window was smashed and a purse with money, credit cards, etc. was stolen. San Mateo County sheriff's took a report. B. Downing. 27 A. Correia was meeting with a Santa Clara County ranger at Jaques Ridge when a citizen stopped to report a bicycle injury accident just up the road. The rangers responded, and upon arrival found a bicyclist lying in the roadway. Fire and paramedics were summoned, and the rangers took c-spine precautions on the patient. The patient initially wished to self-transport,but was convinced that a transport to the hospital by ambulance would be better. The patient was later found to have two broken vertebrae. 28 Two men under the influence of alcohol were contacted in Windy Hill near Sausal Pond. One, man was found to have a no-bail warrant out of Sonoma County. Rangers escorted both men to the parking lot. San Mateo Sheriff's officers responded to take custody of the man with the warrant. He was also issued a citation for smoking. March vandalism 9 A chain link gate at El Sereno was damaged. 18 A"Closed Area"sign at Long Ridge was sheared in half. Page l of 3 Craig Britton From: "Kriss Gross" <Kriss@ppallc.com> To: "L. Craig Britton (E-mail)" <cbritton@openspace.org>; "Ralph A. Heim (E-mail)" <Ralph@ppallc.com>; "Sally Thielfoldt(E-mail)" <sthielfoldt@open space.org> Sent: Tuesday, April 20, 2004 10:16 AM Subject: The Sacramento Bee --sacbee.com-- Editorial 4,000 districts, 1 solution.htm This story is taken from Opinion at sacbee.com. Editorial: 4,000 districts, 1 solution Fixing special districts isn't complicated - (Published April 20, 2004) State Sen. Deborah Ortiz of Sacramento is about to get outnumbered, and no wonder. There are thousands of mini-governments in the state who would be quite content to see her fail in her effort to keep them all behaving appropriately. A litany of past abuses at two local water districts, Northridge and Sacramento Suburban, prompted Ortiz's interest in the way special districts conduct the public's business. Now she is neck-deep in devising reform legislation for water, park, cemetery, fire and all the other special districts. The bill, SB 1272, will get its first hearing tomorrow before the Senate Local Government Committee. SB 1272 needs some work, which is what public hearings are for. But this hearing will do more than offer a chance to consider changes to Ortiz's bill. It may also reveal whether the special district lobby wants to enact something that is meaningful, water this down into nothingness or kill it by making reform seem more complicated than it fundamentally is. After spending a good part of last year reviewing the spending behavior of water districts in the Sacramento region and a sampling throughout the state, the problem doesn't seem all that complicated. In fact, the overall problem is as painfully obvious as the overall solution. These districts routinely behave as if nobody is watching - and, frequently, nobody is. Examples range from little stuff such as expensing goodies at the Kings game (courtesy of the Fair Oaks Water District) to putting in for "meeting pay" after lunching (on the West Basin Municipal Water District dime) at Larry Flynt's Hustler Casino in Gardena. The solution is to make sure that somebody watches these districts' elected and appointed officials. The way to do that is to make sure that whenever the citizens do get interested in their local water district, they can easily follow a paper trail. SB 1272 rightly targets the need for a better outside annual audit, but the language and work. For instance the bill is too prescriptive in its auditing requirements. approach needs some wo review of ex penditures,enditures articular) those of e Y While there does need to be a more thoroughp , P 4/26/2004 | Page 7Uf 3 � management, an audit ought to check whether management and leadership spending complies � with a district's own policies. Let the district set policies governing travel and credit cards, for example - in public. Require that those policies conform to general guidelines, such as meeting IRS requirements. Then let the district's officials comply with the policies or face the public � consequences. The districts going honkers over Ortiz's proposal to limit the pay of the directors to six � a are meetings per month, $100 per meetings, with only public meetings asdefined by state law qualifying for pay. By far the most important element of this is to set the public reward for the � public part of the job - meetings that conform to state |aw's definition of public meeting. � Of all the possible points of contention, this one is surely the most obvious. Public officials should get paid for conducting the public's business. If districts look to dole out stipends for every private activity of public servant, they invite abuse. But while both the problem and solution are obvious, look for compensation to be the big battle in the Capitol on this bill. How unfortunate, How telling. Special district reforms Disclosure * Require district policies on director and management expenses. * Prohibit automatic director pay increases. * Approve in public session director and top management expenses. � | • Post at public meetings oron Internet all district expenses for previous period. Compensation / * Limit meeting pay to publicly noticed government sessions. * Prohibit car, telephone and other monthly allowances. � * Ban "free" district insurance to directors; allow them to "buy in" at full cost. ! * Ban all director retirement benefits . � * Require all fund advances to be backed by receipts (IRS "accountable plan" rules). � Oversight � * Require outside auditor to verify compliance with district spending policies and state laws. * Require public discussion of auditor's findings. � * Require auditor to promptly notify the California Controller's Office of any compliance � � violations. * Empower the controller to audit any out-of-compliance district at its expense. � � � Goh] : S-ache,e / | Fdvagy_2oUxy |ZecOIs--QfU�:| MeVx| 5de-MmP Nevxs| Sports| EUusioes5| F�U���| QpUnk�z| Eotm��unwo�| L�����| Tcau�i| yVwn�o akessdleds| tbxInes | Cars|Jxts| 5—hcpp8ng 4/26/2004 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT USE AND MANAGEMENT COMMITTEE MEETING SUMMARY Date of Meeting: 04/02/04 Time Commenced: 12:00 Time Concluded: 2:15 Committee Members Present: Deane Little, Larry Hassett, Ken Nitz District Staff Members Present: Sally Thieifoldt, John Maciei,Michelle Jesperson, Gordon Baillie, Cindy Roessler, Michael Newburn, Kirk Lenington Stanford Members Present: Philippe Cohen, Trevor Hebert,Nicole Heller, Nona Chiarello 1. Topic: Identify Opportunities for Cooperative Field Research Discussion: Kirk Lenington presented the District's goals for research,noting that research needs focus on producing data that can assist land management decisions. 2. Topic: Presentation on Current District Resource Management Related Projects Discussion: Cindy Roessler presented a summary of the past and ongoing research conducted on District properties. Research is conducted by consultants hired by the District or students and other researchers that obtain permits from the District to conduct research on District lands. Research completed by consultants for District purposes includes: vegetation mapping of District preserves (complete),rare plant surveys, invasive species surveys (1997, 2003-2004), grassland study on the effects of invasive species eradication/management techniques (1997-1999), amphibian inventory(1999),bat surveys, study of marbled murrelet(Purisima Creek), sudden oak death, and monitoring of feral pig rooting. Research conducted on District property through permits includes: study of yellow star thistle, badger populations, stream monitoring, study of blue oaks,wildlife inventories, fisheries studies, geological research and monitoring of earthquakes by U.S. Geological Survey, research on insects, butte rflies, dragonflies, and insects in chaparral environment. 3. Topic: Stanford Research at Jasper Ridge and other Stanford lands. Discussion: Nona Chiarello summarized the research at Jasper Ridge and gave an overview of the different types of research projects underway including global climate change, community ecology, evolutionary processes, and fuel management. Nicole Helier summarized her research on the invasion of.Argentine ants, and the impacts on grassland ecosystems. Page 1 4. Topic: Discuss Potential Research Subjects Discussion: Kirk Lenington and Cindy Roessler presented several different research subjects as priorities for the District: ! o Sedimentation, water quality and erosion o Grassland management o Sudden Oak Death o Invasive plants o Rare wildlife species and wildlife migratory corridors o Fuel management 5. Topic: Next Steps Discussion: Deane Little suggested Jasper Reserve staff work with District staff to identify I cooperative research projects. The subcommittee requested that District staff meet further with Jasper Ridge and Stanford researchers to identify potential research proposals and opportunities for Stanford students & faculty to conduct research on District lands. District staff would then return to the full board for consideration of potential cooperative field research projects. The subcommittee also requested a staff summary be returned to the full board resulting from the today's committee discussion. By: Kirk Lenington Date: April 27, 2004 Page 2 i I Regional Open S ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION April 28,2004 Terry Williams,Naturalist New Almaden Mercury Mining Museum County of Santa Clara 21350 Almaden Road New Almaden,CA 95120-4314 I RE: Preserve Specimen Loan Request for the New Almaden Mercury Mining Museum Dear Ms.Williams, On April 16,2004,the District received a request from Mr.Michael Cox on behalf of the New Almaden Mercury Mining Museum for permission to borrow a chert boulder from Sierra Azul Open Space Preserve as a specimen loan for museum display. This letter serves as written approval of this request subject to the following conditions: 1. The loan specimen shall remain in the same condition as when first delivered to the New Almaden Mercury Mining Museum and shall not be altered in any way. 2. The boulder specimen shall be on loan solely to the New Almaden Mercury Mining Museum; the preserve specimen loan shall not be transferred to another institution, individual,or third party without prior District written approval. 3. The boulder specimen shall be held on loan at the New Almaden Mercury Mining Museum for a period of five(5)years,and may be extended by the District upon written request. 4. The District reserves the right to recall the chert boulder specimen at any time. 5. Acknowledgment of the loan specimen as borrowed from the District and originating from Sierra Azul Open Space Preserve would be appreciated. 6. Documentation on the location of origin of the boulder specimen,as well as any other pertinent information, should be kept on record with the boulder at all times. The District appreciates your willingness to meet these conditions and values your efforts to preserve and educate the public about our local geological resources. Before the boulder is transferred to the museum, we ask that the museum director/curator sign and return this letter to the District. Once we receive the signed letter,please contact Ana Ruiz, Open Space Planner,at(650) 691-1200 to coordinate the relocation of the boulder. Sinc ely, L.Craig Bri n General Manager i ' 33o Distel Circle 650-69i-uoo infolopenspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,led Cyr, GENERAL MANAGER: Los Altos cA 94022-1404 650-69i-o48s fax www.openspace.org Deane Little,Nanette Hanko,Larry Hassett Kenneth C Nitz L.Craig Britton I understand and agree to the aforementioned conditions. Print Name Affiliation with New Almaden Mercury Mining Museum Signature Date LCB:ar cc: MROSD Board of Directors Cindy Roessler,Resource Management Specialist i i -----Original Message----- From: mike-ehs_cox@agilent.com [mailto:mike-ehs_cox@agilent.com] Sent: Friday, April 16, 2004 12:27 PM To: Cindy Roessler Cc: cait hutnik@yahoo.com Subject: FW: Hello from Mike Cox Hello Ms. Roessler, My name is Michael Cox. I am a volunteer with the New Almaden Mercury Mining Museum. Mike Williams knows me. Mike copied you on my inquiry about the Chert boulder in Jacques Gulch, indicated on the attached map. I would truly appreciate being able to work out the loan with you. The specimen will make a world-class addition to the county's mining museum, and as it is an exchange between public agencies, I imagine it is something that is quite feasible. We have a good intake and documentation process that will ensure the specimen remains labeled as Mid-Penn public property. May I call you at a convenient time of your indication to discuss this? Thank you for your kind consideration. Regards, Michael F. Cox Agilent Engineering Services Direct Materials Processes and Practices 5301 Stevens Creek Blvd., MS 54L-AB Santa Clara, CA 95120-7295 Telephone: 408-5 5 3-2116 Fax: 408-553-2404 entail: mike-ehs_cox@agilent.com Regional Open Se April 28, 2004 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Mr. Brian Schmidt CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION Legislative Advocate, Santa Clara County Committee for Green Foothills 3921 E. Bayshore Road Palo Alto, CA 94303 Dear Brian: Thank you for your letter dated March 17, 2004 regarding the Hanson Permanente Quarry activity in the Cupertino foothills. The Midpeninsula Regional Open Space District has been in contact with Hanson regarding the scarring along the ridgeline and potential slippage of District land. It is important to note that the highly visible scarring of the ridgeline above the quarry is a good distance to the north of the Rancho San Antonio Open Space Preserve property boundary. This scar also lies far to the west of the area where slippage of District land has occurred and is the subject of current negotiations with Hanson. Historically, land near the Hanson and District common boundary has been sliding into the quarry due to loss of subjacent and lateral support. At this time, we are working to confirm the location of the slide in relation to the common boundary. District staff and Hanson representatives have been in discussions to establish the location and find a way to prevent any future landslides. I The District is unable to comment on the potential encroachments of the Santa Clara County Ridgeline Easement as the District is not part of that agreement and has no regulatory powers. The District has discussed the issue with staff at the County of Santa Clara and will continue to support the Count in an way that we can. I pP Y Y Y i We appreciate the Committee for Green Foothills' concern about these issues. The District will continue to fully and aggressively work to protect public property rights. Si cerel Y L. Craig Britton General Manager LCB:TWF:ak cc. MROSD Board of Directors Liz Kniss, Santa Clara County Supervisor, District 5 A. Draper, SCC Planning 33o Distel Circle 650-691-1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,led Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-6gi-0485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hossett,Kenneth C.Nitz L.Craig Britton COMMITTEE _A RECEIVE GREEN FOOTHILLS D MAR 18 2004 MIDPENINSULA REGIONAL OPEN March 17, 2004 SPACE DISTRICT I Ann Draper, Planning Director Craig Britton,General Manager Santa Clara County Planning Office Midpeninsula Regional Open Space District 70 West Hedding 330 Distel Circle San Jose, CA 95110 Los Altos,CA 94022-1404 Fax (408) 288-9198 i Dear Ann and Craig; The Committee for Green Foothills urges Santa Clara County and the Midpeninsula Regional Open Space District to take action regarding the giant, highly visible scarring of a ridgeline above the Hanson Permanente Quarry, a scar that can be seen for miles throughout the Peninsula. In particular, the Committee urges the County and MROSD to seek a resolution of this problem together with potential violations by Hanson of publicly-owned property. We request that the County and MROSD confirm publicly whether these violations have occurred; that they seek an agreement with Hanson to reduce the scarring impact at the same time that public property is protected; and that the two agencies work together in resolving these problems. Scarring from overburden deposit. For the last several years, Hanson has deposited quarry waste rock on a ridgeline overlooking Cupertino. This ridgeline deposit constitutes a uniquely visible scar on the hillsides, as all the other parts of the quarry are concealed within a valley and visible only from certain angles. The ridgeline deposit, by contrast,can be seen for miles. We understand that Hanson plans to continue depositing quarry waste in the area until it reaches the height limit specified in its Reclamation Plan, a process which could increase the unsightly scarring for a year or more. It will take several more years for a revegetation program to work in reducing the scarring. We further understand that Hanson plans to place additional waste rock in other areas of the ridgeline where the deposits supposedly will not be visible. The Committee is not aware of any legal violations directly connected to the waste rock deposit, but the scarring is unquestionably a terrible aesthetic impact on the hillsides. We ask the County and MROSD to address the scarring negotiations otiations with Hanson over other likely legal al violations. g g Probable violation of the County's easement. In 1972,the previous owner of the Hanson Quarry (Kaiser Permanente) signed over to the County a Ridgeline Protection Easement, granting a property right to the County that prevented the quarry operators from lowering a ridgeline. County records now indicate that Hanson Quarry has violated this easement, apparently by quarrying so close to the ridgetop that it partially collapsed. It is not clear from the records we reviewed whether quarry operators simply disregarded the promised protection for the easement, or if they were insufficiently cautious and removed too much supporting material,leading to the ridgeline collapse. Regardless, COMMITTEE FOR 39ztE.BayshoreRoad 65o.968.7243PHONE info@GreenFoothills.org GREEN FOOTHILLS Palo Alto,CA 94303 65o.968.8431 FAX www.GreenFoothills.org March 17,2004 letm ..om Brian Schmidt(CGF) to Ann Draper(Santa Clara County)and Craig Britton (MROSD) Page 2 Hanson appears to have violated a property right owned by the people of Santa Clara County. We request confirmation from the County that the public's rights have been violated. Probable landslides onto MROSD property caused by the Quarry. County records also suggest that quarrying activities have either caused landslides onto adjacent property owned by MROSD or caused MROSD land to collapse. Again, the records we reviewed do not indicate why the landsliding occurred,but assuming that this activity did cross the property line (as suggested by the County records), it is either a trespass or a failure to provide support for adjoining property, both of which constitute legal violations. It raises the danger of reoccurrence, and also suggests a pattern where public property rights have been damaged by quarry operations. The Committee requests confirmation from MROSD that these violations have occurred. Appropriate solutions for potential violations and the hillside scarring. The Committee supports actions by the County and MROSD to fully and aggressively protect public property rights. Protecting those rights could include requiring Hanson to rebuild and stabilize the ridgeline in the easement area; to remove or stabilize the landslide material and prevent future landslides caused by the quarrying from affecting MROSD land;and to provide compensation for damages, including potential punitive damages. We expect that Hanson may try to negotiate to do less than it would be legally required to do to fix the damages it has caused to the County-owned easement and to MROSD property. In particular, we note that the consultant hired by Hanson recommended in its January 22, 2002 letter that the company do virtually nothing about its easement violation,and potential future easement violations, other than plant a few trees. The Committee strongly believes that letting Hanson do anything less than what would be fully required of it is unacceptable, unless Hanson also takes concrete steps to remedy the increasing visual its ri dgeline eline scarring. The common element between legal violations and the ridgeline imp act t from g P g scarring is the potential visual impact to the hillsides caused by the quarry. If Hanson seeks flexibility from government agencies, the company should show a similar flexibility with respect to public rights, and reduce the visual impact of the hillside scarring. Reasonable steps to reduce visual impacts from scarring. Hanson Quarry should take the following steps to reduce the harm from scarring: • Make a binding promise to finish placing overburden on the visible portion of the ridgeline by a date certain, preferably by the end of 2004. This will allow the revegetation process to be completed as soon as possible. ' One map in the County records shows an "Existing Rim 2002" from quarrying activities that crosses over MROSD property,suggesting the possibility that the quarry has illegally trespassed on and quarried several acres or more of MROSD land. The Committee requests clarification of this issue. March 17,2004 lettc. __om Brian Schmidt(CGF) to Ann Draper(Santa Clara County) and Craig Britton (MROSD) Page 3 • Verify that alternative locations planned for overburden deposit after 2004 will not create scarring that is visible from the valley floor. The height limit for these locations should be adjusted if needed to keep scarring from becoming visible. • Limit the active deposit of quarry waste to one section of the exposed ridgeline at a time, while revegetating the other sections. One way this could work would be to actively deposit the overburden waste rock on the southern third of the exposed ridgeline,while revegetating the northern two-thirds for an interim period. When the southern third reaches its height limit, permanent revegetation could begin for that section immediately,while the quarry reopens the middle third for active deposit, until that section reaches its height limit. The process could be repeated for the northernmost third. Other methods for limiting the visual impact of the scarring and speeding up the mvcgetation process could also be considered. While these methods may be inconvenient or more expensive for the quarry operators,the inconvenience should be something that Hanson would be willing to accept in return for flexibility from government agencies in how Hanson must repair the harm it has caused. None of the above is meant to suggest that either the County or MROSD has responded inadequately to the potential legal violations. The Committee simply wants more public involvement in this process,and wants the environmental harm caused by the ridgeline scarring to be considered in the process of resolving the legal violations. Please contact us if you have any questions. We look forward to hearing from you. Sincerely, Brian Schmidt Legislative Advocate, Santa Clara County I I oaL/ R"-,k �4 al . co California State Co a s t a I C o n s e r v a n c y -r Q)b yv zA O"M ---------- - - er a I i RECEIVED APR 0 9 2004 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT BAY AREA RIDGE TRAIL COUNCIL 1007 General Kennedy Avenue, Suite 3 • San Francisco, CA 94129 (415) 561-2595 I vv� 7y� -,0" WA� Congratu&tt"ons sT9/��91 ti S A N T A C L A R A COUNTY PARKS GO OUT SIDE AND PLAY Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To: Board of Directors From: Sally Thielfoldt, Assistant General Manager�."c. Date: April 23, 2004 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 April 21, 2004 TO: Woodside Residents of the Old La Honda Road Area U - O SUBJECT: Invasive Weed Alert and Informational Meeting ��aNnEv 186 in the Woodside A new invasive weed, slender false brome, has been discovered area along Grandview Drive, Espinosa Road, Martinez Drive, in Thomewood Open Space Preserve, and on adjacent private properties. ENVIRONMENTAL This non-native grass has the potential for adversely impacting the local redwood SERVICES forests and natural areas throughout the county. For this reason, the San Mateo AGENCY County Weed Management Area will be sponsoring a public education meeting on: Agricultural Thursday,April 29, 2004 at 7:00 PM Commissioner/Sealer of at Independence Hall, 2955 Woodside Road, Woodside Weights&Measures An agenda for the meeting is attached along with some general information about slender false brome. Animal Control The San Mateo County Weed Management Area is a regional organization formed by state and local agencies,private landowners, the agricultural industry, ` and environmental organizations that are concerned about the proliferation of invasive plant species in San Mateo County. Cooperative Extension We are encouraging all neighboring residents to attend this meeting to become g g informed about this important problem. If you think you may have slender false brome on your property, you can bring a sample of the grass to the meeting for Fire Protection identification. Please make sure to put samples of grass leaves and any attached seedheads in a bag with your name, address and contact information. LAFCo RSVPs would be appreciated by emailing WeedAWarer.aol.com or calling Georgia Stigall at 650-941-1068. If you are unable to attend the meeting,please contact Cindy Roessler at 650-691-1200 for additional information about slender false brome. Library Thank you for your interest and cooperation. We look forward to meeting with you on April 29th Parks&Recreation Gail Raabe Agricultural Commissioner/Sealer Co-Chair, San Mateo County Weed Management Area Planning&Building AGRICULTURAL COMMISSIONER/SEALER OF WEIGHTS&MEASURES DIVISION 728 Heller Street•P.O.Box 999•Redwood City,CA 94064-0999•Phone(650)363-4700•FAX(650)367-01.30 i AGENDA Slender False Brome—an Invasive Grass in the Woodside Area Public Informational Meeting Thursday, April 29, 2004, 7:00 pm Independence Hall, 2955 Woodside Road, Woodside 1. Introduction Gail Raabe, County Agricultural Commissioner San Mateo County Weed Management Area 2. Slender false brome—weed status and identification Jim Johnson, Streamkeeper San Francisquito Creek Watershed Council, a program of Acterra 3. Thornewood Open Space Preserve Cindy Roessler, Resource Management Specialist Midpeninsula Regional Open Space District 4. Mapping, Control Methods & Follow-Up Cindy Roessler 5. Next Steps Gail Raabe WEED ALERT! A new weed, slender false brome (Brachypodium sylvaticum), has been found in the Woodside area along Grandview Drive, Espinosa Road, Martinez Drive, in Thomewood Open Space Preserve (owned by the Midpeninsula Regional Open Space District), and on surrounding private properties. This perennial grass is not native to California and is known to spread and displace native plants and adversely affect wildlife habitat. In Oregon, slender false brome has infested 10,000 acres and is causing economic losses. This grass grows in sun, partial shade, wet and dry conditions. The Woodside area is the only known location where this grass occurs in California. Eradication of this infestation of slender false brome now could prevent a large costly problem from developing. Slender false brome has these features: Glossy, bright green grass y- Drooping, flat leaf blades forming a clustered base Leaf approx. %2"wide with short hairs on edges Soft hairs cover leaf base Looks similar to other grasses - ask for identification •=- „� helpbefore removing g .. In the spring of 2004, the Open Space District removed this invasive grass by hand and sprayed it with herbicide in the Thornewood Open Space Preserve. ► The Open Space District will continue to search for and Photo: John Beall,San Mateo Co.Agriculture Dept. remove it from the preserve on a regular basis. i The San Mateo County Weed Management Area is notifying local residents about this problem weed and will provide education on identifying and removing it. A public meeting to discuss slender false brome is scheduled for Thursday, April 29, 2004 from 7 to 9 pm at Independence Hall in the Town of Woodside, 2955 Woodside Road (corner of Whiskey Hill Road). WHAT CAN YOU DO TO HELP? Bag a sample of leaves and seed heads of any suspicious grass for the San Mateo County Agriculture Department to identify. Before sending in a sample, contact Ronald Pummer for information, (650) 363-4700, smateoagCco.sanmateo.ca.us, 728 Heller Street, Redwood City, CA. Include a map and contact information with sample. If grass is identified as slender false brome: Small areas can be pulled up by hand; get all the roots; carefully gather and bag up any seed heads. Larger areas may need herbicide treatment. All infested areas need to be checked in subsequent years and new sprouts should be controlled. To avoid spreading seed, buy clean soil and clean all dirt, mud and seeds off your shoes, tires, pets' paws or horses' hooves before leaving infested areas. For more information on slender false brome, see www.cal-il2c.org or contact Cindy Roessler with the Midpeninsula Regional Open Space District at 650-691-1200. Board of Supervisors BOARD OF SUPERVISORS RICHARD S. APR 19 2004 MARK CHURCHRDON JERRY HILL MIDPENINSULA REGIONAL OPEN ROSE JACOBS GIBSON SPACE DISTRICT MICHAEL D.NEVIN JOHN MALTBIE COUNTY OF SAN MATED �•, � COUNTY MANAGER/ CLERK OF THE BOARD COUNTY GOVERNMENT CENTER • REDWOOD CITY • CALIFORNIA 94063-1655 (650)363-4653 WEB PAGE ADDRESS:http://www.co.sanmatoo.ca.us FAX: (650)599-1027 April 13, 2004 Dear City/Town Council Member, City/Town Manager,Park Commissioner,Park Volunteer and Directors: On March 29, 2004, over 60 council members,managers,park and recreation commissioners,volunteers and directors met to discuss the possibility of creating a countywide special district that could generate a dedicated revenue source for our various parks programs.Many thanks go to those who participated. The evening was informative and generated a sense of consensus around enabling legislation. Parks throughout San Mateo County face the challenge of funding. Once approved by voters,the special park district would have the ability to provide mechanisms for operations,maintenance, capital projects and other needs. The district would also foster collaboration on projects and programs in our parks and recreation facilities. This letter serves as an update on the progress made at the meeting and to share some next steps. There are two phases in the process: 1)Passing enabling legislation, which is needed to place a ballot measure before the voters. Senator Sher has indicated a strong interest in this project and we are confident that he will introduce the enabling legislation. Once introduced,the bill for enabling legislation will likely be assigned to a policy committee in the coming weeks. 2)Crafting the actual ballot measure, which will provide the details of the special district. It is important to have a broad-based group that reflects the communities' needs and it is critical that your support be made known and included in the policy committee's analysis of the bill. Please find attached a model letter of support and a resolution for your agency's approval. Your letters of support need to be sent to Senator Sher, with a copy mailed to Supervisor Jeffry Hill. Once a bill number is assigned,you'll be asked to send a letter of support for that specific bill, as well. As noted during the March 29 meeting, stakeholders will have opportunities to draft and review the ballot measure before voters consider it. As this legislation progresses through the Legislature and as the ballot- measure planning process begins, we invite you to participate in the San Mateo Countywide Special District, Parks and Recreation Planning Committee. If you are interested,please contact Brenda Bennett(650.599.1393 or bbennett@co.sanmateo.ca.us). Should you have any questions or concerns,please feel free to contact us. S' cerely, upe ' or Jerry Hill Supervisor Mike Nevin C: Senator Byron Sher SAMPLE LETTER Please send your letter of support to Supervisor Hill's office 400 County Center Redwood City, CA 94063 Date Senator Byron Sher State Capitol, Room 2082 Sacramento, CA 95814 Re: Support for Legislation Enabling Creation of Countywide Special Park District Dear Senator Sher: On behalf of the NAME HERE, I write to inform you of NAME HERE support for legislation that would enable the creation of a countywide special parks district. Such enabling legislation would provide San Mateo residents and elected officials the opportunity to explore various local funding mechanisms for operations, maintenance and additions to our local parks systems as well as provide a mechanism to support collaboration on projects. As revenues to local governments decrease, these important services, which add to the quality of life in San Mateo County, are often the first to be cut. The cities in San Mateo County have been diligently working to address these shortfalls though collaboration with other districts and increased reliance on community support. The creation of a countywide special parks district would facilitate these efforts. Please add any specij�c information from the city In San Mateo County, park supporters, elected officials and staff have a history of working together on solutions to enhance our parks. The broad-based participatory process being established to develop the specific ballot measure language is another example of the willingness of local citizens to work together toward creative solutions. The NAME HERE looks forward to involvement in the process. We also wish to express our gratitude to you for carrying legislation to enable the creation of the countywide special parks district. Please contact me at number/email if you need additional information. Sincerely I RESOLUTION NO. CITY OF STATE OF CALIFORNIA RESOLUTION SUPPORTING THE ENABLING LEGISLATION FOR A COUNTYWIDE SPECIAL PARK DISTRICT RESOLVED, by the City Council of the City of State of California, that WHEREAS, decreased city revenues are significantly impacting the city ability to provide parks and recreation services; and WHEREAS, establishment of a countywide special park district would provide the ability to develop a variety of local funding mechanisms for operations, maintenance and additions to our local parks and recreation systems as well as provide a mechanism to support collaboration on projects; and WHEREAS, the establishment of a countywide special park district will require a vote of the citizens of San Mateo County; and WHEREAS, a broad-based participatory process is being establish to develop the ballot measure to be place before the citizens of San Mateo County; and WHEREAS, Senator Byron Sher is willing to introduce enabling legislation for the creation of a countywide special park district to serve the cities and County of San Mateo; NOW THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that the City Council of the City of by the adoption of this resolution hereby states its support for legislation enabling the creation of a countywide special park district. U � IL �►� �- - - California State Co a s t a l C o n s e r v a n c y env .sZ vim L,c_o 9��qS Regional Open S Ae g p p MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Paul Morabito, Chairman CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION California Coastal Conservancy 1330 Broadway, Suite 1100 Oakland, CA 94612 Subject: Bay Area Open Space Council Grant Proposal Dear Mr. Morabito: As General Manager of the Midpeninsula Regional Open Space District I would like to strongly endorse the Bay Area Open Space Council's grant request. By working closely with the Council,the Coastal Conservancy has established the highly effective and well-respected Bay Area Conservancy Program. This program has become a model for how to implement state-local partnerships. The grant proposal before you supports several inter-related projects which together will help the Coastal Conservancy advance the Bay Area Conservancy Program to the next level of effectiveness. A major initiative in this proposal is the development of a more rigorous understanding of regional goals. The initiative focuses on habitat values. However, it is also designed to help the region address the challenges of operating and maintaining our parks and protected open space lands, implementing the proposed regional trail network, and meeting the growing demand for family camping opportunities. The grant proposal would also help fund a variety of sub-regional goal development and capacity building projects. I have seen first hand the value of these projects. In San Mateo County, the Council initiated a partnership approach to stewardship challenges in the western, coastal section of the county. The Council's work has led to a major project, now underway, to try and resolve the respective water needs of local agriculture and those of protected fish species. This work had the additional benefit of helping strengthen relationships between agricultural, environmental organizations, and park agencies. These improved relationships recently paid a big dividend for our District, with the endorsement of the San Mateo County Farm Bureau for the District's Coastside Protection Plan. I urge your approval of the Bay Area Open Space Council grant proposal. Si cerely, L. Craig Britton General Manager 33o Distel Circle 650-691-1200 info@openspace.org BOARD OF DIRECTORS:PeteSiernens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-691-0495 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz L.Craig Britton Sempervirens Fund RECEIVED Drawer BE, Los Altos, CA 94023-4054 APR 13 2004 650/968-4509 Fax 650/968-0713 e-mail:redwoods@sempervirens.org MIDPENINSULA REGIONAL OPEN www.sempervirens.org SPACE DISTRICT Preserving redwood lands since 1900 Board o/Directors Robert A.Frazer President William N.Harris Vice President Betsy B.Ross Secretary Robert W.McIntyre Treasurer&CFO April 9, 2004 DanAlper Richard L.Conniff Jeffrey E.Essner Craig Britton Betsy Herbert Gil V.Hernandez Mid-Peninsula Regional Open Space District JudyKleinberg Claude A."Tony"Look 330 Distel Circle Emily F.Thurber Los Altos, CA 94022-1404 Denzil Verardo Ellen C.Weaver Richard P.Wheat,M.D. StephenN.Wyckoff Dear Craig and Board members: Sponsors Stanley M.Barnes On behalf of the Sempervirens Fund Board of Directors, I wish to congratulate Allan F.Brown MPROSD on obtaining the LAFCO approval for the Coastside Protection Program! RobertV.Brown Barbara Cassin This decision finally recognizes the public need to protect resource lands in San Mateo James R.Compton Mrs.Morris M.Doyle County and to place the responsibility for doing so with MPROSD. Robert B.Flint,Jr. Michael D.Green Harry Hind LAFCO's decision also reflects the superb professional communications and positive Penny GerbodeJay Donald Kennedy testimony presented by the public on this issue. Thanks to your staff for a job well Melvin B.Lane done! Putnam Livermore Paul Locatelli,S.J. BillyPrior RobertC.Rempel The Sempervirens Fund now looks forward to working with the District in San Mateo Kirk Smith Count to achieve coastal and forest reservation inperpetuity. Mrs.Jean S.Steinhardt Y h Jennie Verardo Charles A.Walton Advisors Mary Davey S,;71 relyWalt Hays Robert Katz RobertC.Kirkwood r�r Alexander Lowry John Rudolph Brian Steen Don Sherer ColburnWilbur Executive Director Founding Directors George C.Collins HowardJ.King Claude A.'Tony"Look Dorothy Varian Development Director John Gilliland Executive Director Brian L.Steen Printed on Recycled Paper .f RECEIVED MAR 19 2004 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ' • Peninsula Open Space Trust Board of Directors Allan F.Brown Patricia A.Compton Susan Ford March 16, 2004 Vince S.Garrod Sukey Grousbeck Christina A.Holloway Robert C.Kirkwood Ray Snodgrass Dianne McKenna Chief Deputy Director Norman E,Matteoni David W.Mitchell California Department of Forestry Paul Newhagen Bill Reller 1416 Ninth Street, P.O. Box 944246 Karie Thomson Sacramento, CA 94244-2460 T.Chester Wang Anne M.Westerfield Advisory Council Re: California Department of Forestry (CDF) Vegetation Management Robert Augsburger Program (VMP) James E.Baer Eleanor Boushey Sheldon Bremer,Ph.D. Dear Chief Snodgrass: Robert V.Brown William H.Clark,M.D. Sue Crane Lois Crozier-Hogle I am writing to you on behalf of Peninsula Open Space Trust (POST), a Laurence Dawson non-profit conservation organization that owns and manages over Herbert J.Dengler J.Philip Di Napoli 19,000 acres in San Mateo and Santa Clara counties. We are Phyllis Draper n t support the California Department of Clarence J.Ferrari,Jr. encouraging your agency O fully su pp p g David L.Fletcher Forest CDF Vegetation Management Program (VMP Rosemary Hewlett � ( ) g g g )' Patricia L.Hooper_ Mary P.Hufty,M.D. Suzanne B.King The VMP is a highly successful program with multiple ecological and Melvin B.Lane Robert W.McIntyre `J human safety � 1�1� prescribed benefits. Strategic application of rescribed fire provides George M.Marcus protection from catastrophic wildfire events and provides critical Jacqueline Mayer Robert H.Miller ecological benefits to fire-dependent natural communities. As an Gordon E.Moore,Ph.D. Bette Moorman example, POST entered into a Cooperative Agreement with CDF Janet Morris through the VMP in 2001. This agreement allowed CDF to conduct a Susan P.Orr F.Ward Paine prescribed fire in 2002 on a 100-acre area of POST's Cloverdale Coastal Paul O.Reimer Barbara Doyle Roupe Ranch in Pescadero, CA. This was a very successful project for both Alexander H.Schilling,Jr. POST and CDF. Geraldine F.Steinberg Rosemary Young Leah Zaffaroni We have been informed that the VMP is slated for deep budget cuts President statewide and that no new Cooperative Agreements will be developed Audrey C.Rust during 2004. Since implementation of a prescribed fire at the 3000 Sand Hill Road,4-135 appropriate time of year is much less expensive than fighting a wildfire Menlo Park,California 94025 Tel: (650)854-7696 Fax: (650)854-7703 www.openspacetrust.org i Recycled Paper on the same acreage, from an economic point of view, there is a strong case to be made for expanding the VMP rather than reducing it. While there are tough budgetary considerations that are being negotiated for multiple agencies and programs in the State's budget process, I urge the Department to do all it can to keep this vital and important program fully funded. Thank you for your consideration and please let me know the final decision regarding the VMP for this fiscal year. We look forward to continuing our work with the CDF to advance mutual land management objectives. Sincerely, Audrey C. Rus President cc John Ferreira, CDF San Mateo-Santa Cruz Unit Craig Britton, Midpeninsula Regional Open Space District Harry McQuillen, U.S. Fish and Wildlife Service Regional Open SPWe --------------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION March 25, 2004 Governor Arnold Schwarzenegger State Capitol Building Sacramento, CA 95814 Re: AB 1195—SUPPORT/SIGN Dear Governor Schwarzenegger: I urge you to sign AB 1195,which eliminates Midpeninsula Regional Open Space District's (MROSD)power of eminent domain in the proposed Coastside Protection Program area of San Mateo County. Both the Assembly and the Senate have acted quickly, and it is respectfully requested that you expeditiously sign this bill into law to ensure that the District can successfully move forward, as the San Mateo County Local Agency Formation Commission (LAFCo)will make its decision on April 7, 2004. To achieve the Coastside Protection Program's twin goals of preserving agriculture's physical and economic integrity on the San Mateo Coast and protecting the area's natural environment, including its world-famous scenic and natural beauty, the plan would extend the District's service boundary to the San Mateo Coast. It would further allow MROSD to purchase and manage land in order to preserve these unique open space and agricultural resources for future generations. In response to requests by the Farm Bureau and coastside residents, MROSD's Board of Directors is asking, through this bill, that it be prohibited from exercising the power of eminent domain in the coastal area. San Mateo County LAFCo is likely to approve the Coastside Protection Program only if the District's power of eminent domain has been permanently removed from the coast. The District's Board responded to the agricultural community's concerns about protecting their long-term economic viability in the process of developing the program—a multi- Year collaborative effort involving over 40 public meetings, including 17 Citizens, Advisory Committee meetings, 21 District Board meetings, and 7 public hearings on the Environmental Impact Report. In order to assure farmers that the power of eminent domain would be permanently removed from the coast, the District executed a Memorandum of Understanding with the San Mateo County Farm Bureau to eliminate eminent domain on the coast. This cooperative endeavor between farmers and preservationists is unprecedented in the State of California. i 33o Distel Circle 650-691-I200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,MoryDavey,led Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-6gi-0485 fax www.openspace.org Deane Little,Nonette Honko,Larry Hassett,Kenneth C.Nitz L.Craig Britton A r.7L" .. AB 1195 would eliminate eminent domain only in this specific geographic area, which is appropriate be cause of the unique situation on San Mateo's coast and the exceptional nature of q p the District's proposed Program,which includes the preservation of agricultural land on a "willing seller's"only basis. The Coastside Protection Program is one of the best approaches for preserving the San Mateo coast's spectacular agricultural and open space resources and is deserving of your support. Please sign this bill into law to help ensure that the Program can become a reality. Sinc rely, L. Craig Britton General Manager Cc: MROSD Board of Directors San Mateo County Farm Bureau Ralph Heim, Public Policy Advocates I 2 i Regional Open Sp&e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION March 25, 2004 San Mateo Local Agency Formation Commission 455 County Center Redwood City, California 94063-1863 Dear Commissioners: On behalf of Midpeninsula Regional Open Space District, I am pleased to submit the enclosed responses to the questions you raised at the hearing on March 17, 2004 regarding the Coastside Protection Program. We are available to provide additional information about the District's current operation, as well as the proposed Program for the San Mateo coastside. Should you have any questions about the enclosed, please do not hesitate to contact me at(650) 691-1200. Si erely, L. Craig Britton General Manager LCB:cw Encl. cc: MROSD Board of Directors 33o Distel Circle 650-6gi-i2oo info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz L.Craig Britton Claims No. 04-02 Meeting 04-03 Date 01/28/04 Revised Midpeninsula Regional Open Space District # Amount Name Description 7158 $111.25 Sequoia Analytical Water Quality Test 7159 $14.40 United Parcel Service Parcel Shipping 7160 $61.98 WearGuard Uniforms 7161 $223.67 Workingman's Emporium Uniforms 7162 R $300.00 Acme&Sons Sanitation Sanitation Services 7163 R $123.50 Albion Environmental,Inc. Biological Services-El Corte de Madera Biotic Studies 7164 R $334.75 All Laser Service Printer Servicing Memory Upgrade 7165 R $205.11 Allied Auto Works Vehicle Service 7166 R $311.18 AT&T Wireless Cellular Phone Service 7167 R $147.22 California Water Service Company Water Service 7168 R $595.38 Cupertino Bike Shop Bicycle Supplies 7169 R $2,885.50 Economics Research Associates Consulting Services-Coastal Annexation Fiscal Studies 7170 R $7,268.00 Employment Development Dept. Unemployment Insurance-Claims 7171 R $2,752.86 First Bankcard 440.92-Training&Conf.Exp. 169.95-Internet Services 1958.61-Field Equip.Supp.&Uniform Exp. 31.72-Out of Town Business Meeting 151.66-Local Business Meeting 7172 R $15,144.97 ## Global Steel Fabricators,Inc. 13 Pipe Gates 7173 R $87.53 Goodco Press Inc. Printing Services-Time Cards 7174 R $6,867.30 HRB Construction,Inc. Engineering Services-Foothills Shop Building 7175 R $3,017.00 Macias,GIN&Company Auditor Services-2002/2003 Final Payment 7176 R $119.92 MegaPath Networks Internet Connection-DSL Line FFO 7177 R $125.00 Moreland&Associates,Inc. CSMFO Training-B.Congdon 7178 R $100.00 North American Title Company Easement Map 7179 R $289.25 Orlandi Trailer Trailer Accessories 7180 R $573.15 Petty Cash Conference&Training Expense,Office&Field Supplies, Vehicle Mileage Reimbursement,Volunteer Supplies, Out of Town&Local Bus.Meeting Expense 7181 R $49.34 Santa Cruz County Tax Collector Santa Cruz Fire Tax-Presentation Center 7182 R $382.67 Tadco Supply Janitorial Supplies Total $107,459.46 `1 Urgent Check Issued 1/22/04 ## Expenditure to Date Exceeds 10K But Not 25K i Page 2 of 2