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HomeMy Public PortalAbout20040714 - Agendas Packet - Board of Directors (BOD) - 04-15 Regional Open �~ ?ee MIDPENINSULA REGIONAL OPEN Shea D'S �T[ REGULAR AND SPECIAL MEETING lvl BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 6:00 p.m. Wednesday,July 14, 2004 330 Distel Circle Los Altos, California AGENDA* Please Note: 6:00 p.m. Closed Session Special Meeting Start Time 7:30 p.m. Regular Meeting Start Time 6:00 ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT—CLOSED SESSION The Closed Session will begin at 6:00 p.m. At the conclusion of the Closed Session,the Board will adjourn the Special Meeting Closed Session to the Regular Meeting, and,at the conclusion of the Regular Meeting, the Board may reconvene the Special Meeting Closed Session. 1. Conference with Legal Counsel—Existing Litigation,California Government Code § 54956.9(a) Name of Case - Half Moon Bay Coastside Foundation v. San Mateo County LAFCo, Midpeninsula Regional Open Space District, San Mateo County Superior Court Case No. CIV 439808. 2. Conference with Legal Counsel—Anticipated Litigation Significant Exposure to Litigation, California Government Code § 54956.9(b)—one case. 3. Conference with Legal Counsel—Anticipated Litigation Initiation of Litigation, California Government Code § 54956.9(c)—one case. 7:30* REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ** ORAL COMMUNICATIONS—Public PLEDGE OF ALLEGIANCE ADOPTION OF AGENDA—M. Davey ADOPTION OF CONSENT CALENDAR—M. Davey *** ADOPTION OF MINUTES • April 28, 2004 • May 26, 2004 *** WRITTEN COMMUNICATIONS BOARD BUSINESS 7:40* 1 Reconsideration of the Board-Approved Use and Management Plan Amendment to Close and Realign Lower Spring Ridge at Windy Hill Open Space Preserve; Reaffirm an Amendment to the Use and Management Plan for Windy Hill Open Space Preserve that Includes Closing and Realigning a Section of Lower Spring Ridge Trail—A. Ruiz 330 Distel Circle * Los Altos, CA 94022-1404 • Phone:650-691-1200 Fax: 650-691-0485 • E-mail:mrosd@openspace.org • Web site:www.openspace.org .w 7FaEE' Bwrd of Dirac tors:Pete Siemens,Mary C. Davey,Jed Cyr, Deane Little, Noneitea Hanko,Larry Hassett,Kenneth C. Nitz • General Manager:L.Craig Britton Meeting 04-15 Page 2 7:50* 2 Proposed Addition of the Ball Property to Coal Creek Open Space Preserve(San Mateo County Assessor's Parcel Number 080-221-030); Determine that Recommended Actions are Categorically Exempt from CEQA; Adopt Resolution Authorizing Purchase of Ball Property; Tentatively Adopt Preliminary Use and Management Plan Recommendations, Including Naming the Property as an Addition to the Coal Creek Open Space Preserve; Indicate Your Intention to Dedicate the Property as Public Open Space at This Time—D. Woods 8:00* 3 Authorization to Conduct a Controlled Bum at Russian Ridge Open Space Preserve—G. Baillie 8:10* 4 Presentation of the Proposed Creative Design for the District's Web Site by Yellowduckdesign, Inc.; Approve the Creative Design Proposed by Yellowduckdesign, Inc. —M. Jesperson 8:30* 5 Acceptance of Trail Easements and an Emergency Access Easement over McCarthy Property as an Addition to St. Joseph's Hill Open Space Preserve(Santa Clara County Assessor's Parcel Numbers 537-05-014 and 537-05-015)and Acceptance of Quit Claim for a Roadway and Parking Lot Easement Right on St. Joseph's Hill Open Space Preserve; Determine the Recommended Actions are Categorically Exempt from CEQA;Adopt Resolution Authorizing Acceptance of Trail Easements and an Emergency Access Easement over the McCarthy Property as an Addition to the St. Joseph's Hill Open Space Preserve and Acceptance of Roadway and Parking Lot Easement on St. Joseph's Hill Open Space Preserve; Tentatively Adopt Preliminary Use and Management Plan Recommendations, Including Naming the Trails as an Addition to the St. Joseph's Hill Open Space Preserve; Indicate Your Intention to Withhold Dedication of Trail Easements as Public Trails at This Time—T. Fischer 6 Half Moon Bay Coastside Foundation v. San Mateo County LAFCo, Midpeninsula Regional Open Space District; Authorize the General Manager to Approve Payment of Attorneys' Fees to the Law Firm of Shute, Mihaly and Weinberger in the matter of Half Moon Bay Coastside Foundation v. San Mateo County LAFCo, Midpeninsula Regional Open Space District and related Coastal Program matters in an Amount Not to Exceed $50,000; Approve an Amendment to District's Fiscal Year 2004-2005 Budget to Appropriate$50,000 From the Budget Category New Land Purchases for the Payment of Such Fees—S. Schectman 8:40* 7 Consider Cancellation of Your July 28,2004 Regular Meeting—S. Thielfoldt REVISED CLAIMS 8:45* INFORMATIONAL REPORTS—Brief reports or announcements concerning pertinent activities of District Directors and Staff. CLOSED SESSION CONTINUED(IF NECESSARY) 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 )ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SPECIAL MEETING LEGISLATIVE, FINANCE,AND PUBLIC AFFAIRS COMMITTEE AGENDA 12:00-1:30 P.M. Jed Cyr Friday Pete Siemens July 16, 2004 Nonette Hanko 12:00 ROLL CALL ADOPTION OF AGENDA 12:05* COMMITTEE BUSINESS: 1) CONCLUDE RECOMMENDATIONS FOR QUALIFICATIONS, COMPENSATION, ROLES, AND DUTIES OF DISTRICT OMBUDSPERSON. 2) SCHEDULE NEXT LFPAC MEETING. 1:30* ADJOURNMENT * Times are estimated and items may appear earlier or later than listed.Agenda is subject to change of order. 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 Wce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 04-10 SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS April 28, 2004 MINUTES SPECIAL MEETING I. ROLL CALL President Mary Davey called the meeting to order at 6:38 p.m. Members Present: Jed Cyr,Nonette Hanko, Deane Little (arrived at 6:50 p.m.), Pete Siemens, Mary Davey, and Larry Hassett Members Absent: Ken Nitz Staff Present: Craig Britton, Sue Schectman, Sally Thielfoldt, Del Woods, Mike Williams, John Maciel, Tom Fischer, Cathy Woodbury 11. CLOSED SESSION M. Davey stated that the Board would adjourn to Closed Session to discuss Closed Session Agenda Items I through 3. The Board recessed to Closed Session at 6:38 p.m. and the Closed Session commenced at 6:38 p.m. The Board concluded the Closed Session at 7:35 p.m. REGULAR MEETING 111. M. Davey called the Regular Meeting to order at 7:38 p.m. She announced that the Board had discussed Closed Session Agenda Items 1, 2, and 3 in Closed Session and that no reportable actions had taken place. Additional Staff Present: Ana Ruiz, Gordon Baillie, Cindy Roessler IV. ORAL COMMUNICATIONS—There were none. 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 O Sr 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 04-05 Page 2 V. ADOPTION OF AGENDA C. Britton requested switching agenda items I and 2 to accommodate guests in the audience. Motion: J. Cyr moved that the Board adopt the agenda with the requested change. N. Hanko seconded and the motion passed 6 to 0. VI. ADOPTION OF CONSENT CALENDAR N. Hanko abstained from Revised Claim number 7721. Motion: P. Siemens moved that the Board adopt the Consent Calendar, including Revised Claims 04-07. J. Cyr seconded the motion. The motion passed 6 to 0. VII. BOARD BUSINESS A. Agenda Item No. 2—Right of Entry for the United States Department of Agriculture Wildlife Service (APHIS-WS)to Conduct Predator Management Activities at Ravenswood Open Space Preserve; Determine that the Proposed Actions are Categorically Exempt Under the California Environmental Qualily Act(CEQA) Based on Findings Contained in this Report; 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; Authorize the General Manager and General Counsel to Approve Minor Revisions to the Permit to Enter—(Report R-04-48). A. Ruiz introduced the visiting guests, Brian Popper of Wildlife Services, and Joy Albertson of U.S. Fish and Wildlife Service and presented the staff report. N. Hanko stated she was glad to see that action was taking place. Mr. G. Young, 2878 Illinois Street, East Palo Alto, an adjoining homeowner asked how close the proposed work on the nearby preserve was to the homes. B. Popper said that the equipment would be placed on the preserve parcel, not on any private property. C. Britton asked Mr. Young to clarify his concern. Mr. Young said he was concerned about the 20-foot easement area. C. Britton reassured Mr. Young that the distance between the homes and the project site included a railroad spur,tidal trench, and a trail along the levy. Discussion continued about concern of catching the local pets in traps and N. Hanko requested that a survey be done of the neighbor pet population. B. Popper stated that, if the pets are collared with tags,they are easy to return to their owners. L. Hassett I Meeting 04-05 Page 3 suggested a neighbor notification bulleting the purpose of the project, and how to find their pet if it goes missing, ie: the local animal shelter contact information. J. Albertson stated that they have done similar projects within close proximity of homes, and the notification L. Hassett suggested worked very well. J. Cyr requested that the District get a copy of the flyer that is sent to the neighbors. D. Little said he is interested in programs that get rid of non-native animals, but is concerned about the native skunk and raccoon populations and asked if there were any controls or surveys being done. Motion: L. Hassett moved that the Board determine that the proposed actions are categorically exempt under the California Environmental Quality Act (CEQA) based on findings contained in this report; 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; authorize the General Manager and General Counsel to approve minor revisions to the permit to enter. N. Hanko seconded the motion. The motion passed 6 to 0. B. Agenda Item No. 1 —Informational Report from Shelterbelt Builders, Inc. Regarding Invasive Plant Control on District Lands—(Report R-04-43). C. Roessler presented the outline of her presentation which included a survey update, reviewing goals and the steps to attain the goals. She presented a PowerPoint slide show. When she concluded her presentation, she introduced Mark Heath of Shelterbelt, who continued with the PowerPoint presentation. During the presentations,the Board asked clarifying questions and stated that they appreciated the information presented and thanked M. Heath. Motion: D. Little moved that the Board accept the report. N. Hanko seconded the motion. The motion passed 6 to 0. C. Agenda Item No. 3—Consider a Process for Completion of the Conditions of San Mateo Local Agency Formation Commission Approval of the Coastside Protection Program; Refer the Matter to the Legislative Finance and Public Affairs Committee to receive public input and develop appropriate Resolutions for Board Consideration at a Public Meeting (Report R-04-45). C. Woodbury reviewed upcoming dates, including the June 11, 2004 protest hearing. She stated that certain conditions, namely#5 -#8 listed in the staff report, needed to be complete prior to the final LAFCO approval of the project. d Public Affairs Committe e LFPAC will C. Britton said that the Legislative, Finance an ( ) develop a plan to propose the Resolution(0). I Meeting 04-05 Page 4 J. Cyr clarified that the LFPAC meetings cannot be held outside the current District at the LFPAC boundaries. L. Hassett expressed concern that he was not able toparticipate I� p meeting(s) and asked in what ways he could. Following discussion between S. Schectman, C. Britton, and the Board, it was decided that L. Hassett's chance to participate would be at a subsequent full Board meeting. Motion: P. Siemens moved that the Board consider a process for completion of the conditions of San Mateo Local Agency Formation Commission Approval of the Coastside Protection Program; refer the matter to the Legislative, Finance and Public Affairs Committee to receive public input and develop appropriate resolutions for Board consideration at a public meeting. D. Little seconded the motion. The motion passed 6 to 0. D. Agenda Item No. 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 mace Preserve; Authorize the President of the Board of Directors or the General Manager to Sign the License Agreement for the District to Manage a Trial Access Across a Portion of Sheldon Road and Any Required Certificate of Acceptance with the Residents of Sheldon Road—(Report R-04-44). Tom Fischer presented the staff report. He reviewed what the License Agreement was with the residents of Sheldon Road, and the history of the District's relationship with the Sheldon Road homeowners. N. Hanko asked about the effectiveness of the License Agreement missing four signatures. T. Fischer said that the majority of the residents have signed agreements with the District, and that although a few had not signed, it was to the District benefit now to proceed with recording a License Agreement and to continue gathering the remaining signatures. S. Schectman stated that the License Agreement can make the trail effective and that the trail is physically continuous even though the Agreement is missing some signatures. C. Britton further explained that residents who did sign the License Agreement had su bsequently uentl moved and the License Agreement did not c over to the new q Y g an'Y � homeowners requiring staff to approach the new residents and start the process from the q g p beginning to request the new homeowner to sign the License Agreement. S. Schectman confirmed that this License Agreement would be recorded with the County. Motion: P. Siemens moved that the Board 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 i e 5 Meeting 04 OS Page required Certificate of Acceptance with the residents of Sheldon Road. N. � 1' Hanko seconded the motion. The motion passed 6 to 0. E. Agenda Item No. 5—Authorization to Amend the Contract with HRB Construction Inc. for Change Order Items Related to Fire Marshall Requirements for Construction of the Foothills Field Office Maintenance Shop Building Replacement at Rancho San Antonio Open Space Preserve; Authorize the General Manager to Amend the Current Contract with HRB Construction, Inc. of San Jose in the Sum of$81,567 for Construction Change Orders Covering Items Required by the Santa Clara County Fire Marshall's Office; 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—(Report R- 04-47). Steve Schur presented the staff report. He highlighted the work proposed to be completed based on the Fire Marshall's recommendations. These recommendations resulted in the need to amend the HRB contract with the change order request and include a contingency amount. J. Cyr asked why the contractor had not anticipated these problems that the Fire Marshall had listed. S. Schur explained that the main problem was the water flow onto the property. J. Cyr expressed concern as to why the architect on the "front end" had not anticipated this at the time of the design. P. Siemens said he felt the County did not properly review the plans. C. Britton asked staff to clarify and retrace the steps taken in the contract process for the Board. S. Schur introduced Dan Stoddard. D. Stoddard reviewed the timeline starting in October when the plan check fees were paid. He received firewater flow comments which included the recommendation of an 8" pipe from the hilltop. Staff hired an ex-Fire Marshall to negotiate with the County which resulted with concession for fire protection inside the building. He noted that two years ago there was no fire-code information. C. Britton reminded the Board that two previous bids had been unacceptable. P. Siemens stated that staff needs to ask the County harder questions at the beginning of the project process in order to reduce the likelihood of expensive change orders in the future. L. Hassett agreed that construction management is not a strong point of the District. He expressed sed concern that the original contract had a contingency amount and now the P g Y change order has a contingency amount and asked what the final dollar amount would be for this project. I Meeting 04-05 Page 6 D. Stoddard said that the contingency should cover any seen or unseen items, but acknowledged that it may not. The County may add more issues that the District may have to meet prior to occupancy of the building. S. Schectman stated that a problem is that, as a government agency, the District must select the low bidder. Sometimes a contractor may try to make up money with change orders. This is a common dilemma for public agencies. Motion: P. Siemens moved that the Board authorize the General Manager to amend the current contract with HRB Construction, Inc. of San Jose in the sum of $81,567 for construction change orders covering items required by the Santa Clara County Fire Marshall's office; 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. J. Cyr seconded the motion. The motion passed 6 to 0. E. Agenda Item No. 6—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 Pro am in an Amount Not to Exceed $96,000—(Report R-04-46). S. Schectman asked if the Board had any questions. There was no discussion for this item. Motion: N. Hanko moved that the Board 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. P. Siemens seconded the motion. The motion passed 6 to 0. SPECIAL MEETING VIII. M. Davey adjourned the Regular Meeting at 9:52 p.m. She then called the Special Meeting to order at 9:52 p.m. A. M. Davey called for the adoption of the January 21, 2004 Board Minutes, and the January 28, 2004 Board Minutes. Motion: N. Hanko moved that the Board adopt the January 21, 2004 Board Minutes and the January 28, 2004 Board Minutes. P. Siemens seconded the motion. The motion passed 6 to 0. B. M. Davey called for the adoption of the Written Communication. Meeting 04-05 Page 7 Tamara Hannon, Interim General Manager of the Skyline County Water District (SWD), stated that SWD has few funds and that they want to lease a piece of land from the District for one facility which is currently surrounded by District land. The purpose would be to install a temporary building to monitor and test water. The staff of SWD has increased from 4 to 5 people and they are looking to do daily monitoring. There are a total of 50 sites that take a 2 to 4 week time period to monitor. N. Hanko suggested that SWD raise its rates to pay for the needs. T. Hannon explained that their water rates are the highest in all of California. C. Britton suggested that T. Hannon talk with M. Williams about possible rentals on District land and stated that he would have M. Williams follow up with her. Motion: J. Cyr moved that the Board approve the Written Communication. N. Hanko seconded the motion. The motion passed 6 to 0. REGULAR MEETING IX. M. Davey adjourned the Special Meeting at 10:07 p.m. She reconvened the Regular Meeting to order at 10:07 p.m. X. INFORMATIONAL REPORTS P. Siemens congratulated staff on the LAFCo process and acknowledged their consideration of the neighbors and anticipation of answers to potential questions. J. Cyr: (1) Also congratulated staff on the success of the LAFCo process. (2) He attended the Ridge Trail dedication on April 17. (3) Hiked Russian Ridge and stated that the wildflowers were great. (4) On April 24 he attended the trail dedication on Calero. (5) He went to the Bay Tree dedication yesterday and complimented R. Jurgensen on the press release. He noted that the Bay tree has responded very well by the removal of the handball court. L. Hassett said he was planning on attending the April 29 Woodside Town Hall meeting regarding invasive plants. M. Davey: (1) The District was vindicated in the Coastal Program CEQA lawsuit. Staff did an excellent job making all of the facts available. Paul Rogers presented an accurate report on process. She reminded the Board and staff of the June 11 LAFCo deadline, and thanked the Board for getting the public knowledgeable about the District and its goals. (2)Attended the Menlo Park Council meeting and said the Resolution passed by a 4 to 1 vote. (3) Went to the Westwind Barn earth day event and said that E. Cuzick did a terrific job. D. Little: (1) Hiked Russian Ridge and enjoyed the magnificent wildflowers. (2) Went to the wildflower show at Mission College. (3) Planned on attending the May 8 plant sale at Hidden Villa. Meeting 04-05 Page 8 N. Hanko: (1) Passed around pictures of the Bay Tree dedication event. (2) The County may pay Palo Alto $2 million which will provide Palo Alto the funds to work on the trail plan for the Bressler property (along with the District). She will meet with D. Woods to meet with the City's planning department. C. Britton: (1) Pointed out the FYI's of interest for the Board to review. (2) Said the Woodside meeting was the next day. (3) Gave a summary of the April 2 Use and Management Committee meeting. (4)Noted the large stack of clippings and took a poll of the Board who would like the clippings e-mailed to them, or have the clipping available on a cd (e-mail: P. Siemens, J. Cyr, L. Hassett, M. Davey; cd format—D. Little). (5) Met with D. Little and hiked the Bella Vista trail with J. Maciel and C. Beckman to measure the cross-slope and reviewed specifications. The trail has between 3%to 13% grade. Staff is working to maintain the existing trail; however, going forward staff will be careful with specifications. He plans to bring up "best practices" as a subject at the next Not-So-Annual Conference. (6) Handed out invitation to the family staff event in May. (7) Handed out a brochure planned to be sent to the coastal residents. (8) Handed out copies of San Francisco Magazine which has articles about hiking District trails. (9) Received a report from Santa Clara County Water District and gave to N. Hanko to review. (10) Attended the trail dedication at Almaden Quicksilver County Park. (11)Attended the Bay Tree dedication and realized staff forgot to invite Paul Romero. P. Romero accepted a new position with State Parks in Sacramento. (12) Said the Coastal Program has gained good friends in the media and reconnected the District's relationships with local cities. N. Hanko thanked M. Davey for thanking staff for their hard work. J. Maciel told the Board he had copies of the Shelterbelt report if they wanted to review it. XI. ADJOURNMENT At 10:40 p.m.,the Regular meeting was adjourned. Lisa Zadek Recording Secretary I Regional Open ,' ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 04-12 SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS Wednesday, May 26, 2004 MINUTES SPECIAL MEETING I. ROLL CALL Vice President, Larry Hassett called the meeting to order at 6:45 p.m. Members Present: Jed Cyr, Deane Little, Larry Hassett and Ken Nitz Members Absent: Mary Davey,Nonette Hanko and Pete Siemens Staff Present: Craig Britton, Sue Schectman, Sally Thielfoldt, Cathy Woodbury, John Maciel, Del Woods, Mike Williams 11. CLOSED SESSION L. Hassett 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 6:46 p.m. and the Closed Session commenced at 6:46 p.m. The Board concluded the Closed Session at 7:28 p.m. REGULAR MEETING 111, L. Hassett called the Regular Meeting to order at 7:30 p.m. He announced that the Board had discussed Closed Session Agenda Items 1 and 2 in Closed Session and that no reportable actions had taken place. Additional Staff Present: Gordon Baillie, Michelle Jesperson, Rudy Jurgensen IV. INTRODUCTION C. Britton introduced the new Office Manager/Sr. Administrative Assistant to the Administrative Department, Margaret Reimche. 330 Distel Circle * Los Altos, CA 94022-1404 9 Phone:650-691-1200 Fax:650-691-0485 * E-mail: mrosd@openspace.org * Web site:www.openspace.org f� 6:4. 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 04-12 Page 2 V. ORAL COMMUNICATIONS—There were none. VI. ADOPTION OF AGENDA C. Britton asked that Agenda Item 2 be moved to the floor. Motion: J. Cyr moved that the Board adopt the agenda. K. Nitz seconded and the motion passed 4 to 0. VII. ADOPTION OF CONSENT CALENDAR K. Nitz commented on Revised Claims No. 11098, Computer Servers & Monitors and thought this was approved for a lower amount. He questioned Revised Claims No. 11105. C. Britton stated that that amount represents the design work at Pulgas Ridge. He also questioned Claims No.10977, Computer Monitor for$7 10.00. Motion: K. Nitz moved that the Board adopt the Consent Calendar, including minutes of February 11, 2004 Special and Regular Meetings and February 25, 2004 Special and Regular Meetings, Agenda Item 6, Cancel the June 9, 2004 Regular Meeting of the Board of Directors; Approve Cancellation of the June 9, 2004 Regular Meeting of the Board of Directors and Agenda Item 7, Approval of Notice of Completion of Contract for Removal of Lead-Based Paint and Repainting Four Buildings at Skyline Ridge Open Space Preserve; Authorize the General Manager to Execute Notice of Completion and Acceptance of Work for the Lead-Based Paint Stabilization and Painting of Existing Shop Building, Stable Building an Two Out Buildings at Skyline Field Office at Skyline Ridge Open Space Preserve; and Revised Claims 04-08. J. Cry seconded the motion. The motion passed 4 to 0. VIII. BOARD BUSINESS A. Agenda Item No. 2—Agreement with Santa Clara County Fire Department to Conduct a Prescribed Bum on the Rancho de Guadalupe Area of Sierra Azul Open Space Preserve; Determine Recommended Actions are Categorically Exempt under CEQA; Authorize General Manager to Execute the Attached Permit to Enter for the Purpose of Allowing the Santa Clara County Fire Department to Conduct a Controlled Bum for Training Purposes, at the Rancho de Guadalupe Area of Sierra Azul Open Space Preserve, and to Enter Other Areas as Specified for Related Training Not Involving Live Fire (Report 04-5 1). G. Baillie presented the staff report and introduced Santa Clara County Fire Captain, Thomas Turnell to answer any technical questions regarding the bum. J. Cyr indicated that he would like to attend. Meeting 04-12 Page 3 K. Nitz asked where the closest house was located. He asked if the fire could get out of control and if so, could it still be contained without going towards any homes. Fire Captain Tumell commented that this burn is a rare and valuable occurrence and their number one priority is safety for bystanders, District personnel and training personnel. The fire plan takes into account contingencies of all incidences that could occur (e.g., winds pick up and fire burns the other way). K. Nitz asked if the fire could contaminate the surrounding lake to the burn area. G. Baillie indicated there is no impact on the lake. D. Little asked if this burn area is exactly the same patch as the last burn. He also commented on the sparse chaparral and asked if it survived the last burn. Fire Captain Turnell stated that this burn is for training and not a vegetation project. Motion: K. Nitz moved that the Board accept the report. J. Cyr seconded the motion. The motion passed 4 to 0. B. Agenda Item No. 1 —Adopt Resolutions for Completion of the Conditions of San Mateo Local Agency Formation Commission Approval of the Coastside Protection Program• Adopt Attached Resolution Establishing a Plan for Amending the District's Good Neighbor Policy, Adopt Attached Resolution Establishing a Plan for Appointment of an Ombudsperson; Adopt Attached Resolution Establishing a Plan for Hiring or Contracting with an Individual or Organization with Agricultural Management Expertise; Adopt Attached Resolution Amending the District's Rules of Procedure to Include Section 1.13 to Provide for Public Meetings in the Coastside Protection Area—(Report R-04-57). C. Woodbury presented the staff report and all four resolutions. K. Nitz inquired if the District would prefer to have the ombudsperson from the Coast for agricultural reasons and how would this representative be any different than a Board member. C. Britton commented that the ombudsperson would be involved with operational problems generally not agricultural issues specifically. The person would try to resolve citizens' concerns, but not make any policy decisions. K. Nitz stated that if the District provided for public meetings in the Coastside area it might look discriminatory against the rest of the District. S. Schectman stated that the District would have a public input process on the Coast when the Board is considering those four actions; in the future, the Board will determine what committee will oversee what action. The Board may decide to assign some tasks to a standing committee and then that will be up to the Board's representative to conduct a hearing on those items. This will be up to the Board to decide as decisions come before it. Meeting 04-12 Page 4 Motion: J. Cyr moved that the Board adopt Resolutions of the Board of Directors of the Midpeninsula Regional Open Space District for the Completion of the Conditions of San Mateo Local Agency Formation Commission Approval of the Coastside Protection Program No. 04-12, Establishing a Plan for Amending the District's Good Neighbor Policy; Resolution 04-13, Establishing a Plan for Appointment of an Ombudsperson, Resolution No. 04-14, Establishing a Plan for Hiring or Contracting with an Individual or Organization with Agricultural Management Expertise; Resolution No. 04-15, Amending the District's Rules of Procedure to Include Section 1.13 to Provide for Public Meetings in the Coastside Protection Area. D. Little seconded the motion. The motion passed 4 to 0. C. Agenda Item No. 3—Authorization to Contract with EDAW, Inc. to Provide Master Planning Services at Sierra Azul and Bear Creek Redwoods Open Space Preserves and Authorization to Contract with Design, Community and Environment Inc ("DC&E")to Provide Master Planning Services at La Honda Creek Open Space Preserve; Authorize General Manager to contract with EDAW, Inc in an Amount Not to Exceed $170 000 to Provide Master Planning Services Space i at Sierra Azul and Bear Creek Redwoods OP P ace Preserves; Authorize General Manager to Contract with DC&E in an Amount Not to Exceed $100000 to Provide Master Planning Services at La Honda Creek Open Space Preserve — (Report 04-52). C. Britton stated that the Administration and Budget Committee met today and agreed to go forward with the La Honda Creek project if the Board so agrees,but that the Board should consider putting off the Sierra Azul/Bear Creek Redwoods decision on whether to go forward with that master plan because of the cost until the first meeting in July. C. Woodbury presented the staff report and stated that the two master plans are key projects in the District's Action Plan. J. Cyr reported on behalf of the Administration and Budget Committee, which decided to go forward with La Honda Creek largely because of the grant funding that covers fifty percent of it. It would not be severely detrimental to postpone the master planning for Bear Creek Redwoods. Motion: K. Nitz moved that the Board authorize to contract with DC&E to provide master planning services at La Honda Creek Open Space Preserve in an amount not to exceed $100,000 and table the first part of Agenda Item 3 until after the State's budget approval in July. J. Cyr seconded the motion. Meeting 04-12 Page 5 Discussion: There was a member of the public present who was interested in the master planning services at Sierra Azul. C. Woodbury will receive the gentleman's information and discuss the plan with him in more detail. Vote: The motion passed 4 to 0. D. Agenda Item No. 4—Proposed Second Amendment to Purchase Agreement- Bargain Sale and Approval of Santa Clara County Funding Agreement for the Former Lobner Property Addition to Monte Bello Open Space Preserve; Determine Recommended Actions are Categorically Exempt from CEQA; Adopt Attached Resolution Authorizing Execution of Second Amendment to Purchase Agreement-Bargain Sale; Adopt Attached Resolution Authorizing Execution of the Funding Agreement with County of Santa Clara Towards the Purchase of the Former Lobner Property Including Conveyance of an Open Space Easement Over the Former Lobner Property to the County; Indicate Your Intention to Dedicate the Property as Public Open Space Which Supersedes Your Decision of 3/14/01 —(Report 04-56). M. Williams presented the staff report. K. Nitz asked if the rental cabin is located directly over the stream. M. Williams stated that that cabin is still on District property and staff is in the process of obtaining a demolition permit from the County. K. Nitz inquired about the $200,000 contribution from the Santa Clara County. C. Britton explained the provisions of Proposition 12 (State Park Bond Act). Motion: K. Nitz moved that the Board adopt Resolution No. 04-16 of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Execution of Second Amendment to Purchase Agreement-Bargain Sale and Resolution No. 04-17 of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Execution of the Funding Agreement with County of Santa Clara Towards the Purchase of the Former Lobner Property Including Conveyance of an Open Space Easement Over the Former Lobner Property to the County. J. Cyr seconded the motion. The motion passed 4 to 0. J. Cyr stated that a lot of work went into this project and the end result is best for both parties. Lobner retains the rental properties and the District gets the property that does not include th e cabins. E. Agenda Item No. 5—Authorize the General Manager to Enter Into a Contract Agreement for the Redesign of the District's Web Site with Yellowduckdesign, Inc a San Francisco-Based Firm with Expertise in Web Graphic Design and Meeting 04-12 Page 6 Technical Programming, in an Amount Not to Exceed $28,000—(Report R-04- 50). M. Jesperson presented the staff report. J. Cyr commented that this item was reviewed by the Administration and Budget Committee today. The Committee is recommending to the Board that this item be postponed until after the State Budget picture is clear. K. Nitz proposed that this item be approved tonight. He feels it is a small amount of money and very necessary to the District. C. Britton stated that Planner, S. Schur, is leaving the District and he is responsible for posting items on the web site. This could cause problems if the web site redesign gets postponed. D. Little commented that he considered the web redesign fee too high. M. Jesperson stated that the District's site is very "content heavy" with an estimated 85 pages just to begin. Also there were insurance requirements to consider. S. Thielfoldt added that the fee includes training of staff and templates and forms that make it easy to navigate. Motion: K.Nitz moved that the Board authorize the General Manager to enter into a contract agreement for the redesign of the District's web site with Yellowduckdesign, Inc. in an amount not to exceed $28,000. J. Cyr seconded the motion. The motion passed 4 to 0. IX. INFORMATIONAL REPORTS J. Cyr: 1. He hiked Windy Hill more thoroughly than ever before. There is one huge oak tree that appeared to have died. 2. One member of the public inquired about the Monte Bello parking. L. Hassett: He attended the staff appreciation picnic with Deane at Huddart Park and commented on the good food and the great company. D. Little: 1. He commented on the picnic and much preferred Huddart Park than Saratoga Springs. 2. He went mountain biking at El Corte Madera. It is a very challenging preserve and could clearly see the trail damage caused by bicycles. The trail redesign was very impressive. K. Nitz: At Pulgas,the water company's land has Harding grass on it again. They did a great job last time of mowing it down, but it's back up. C. Britton: 1. The FYIs included Cindy Roessler's memo on the mountain lion killing in Palo Alto. 2. The Portola Valley Planning Commission is asking the District to reconsider leaving the Windy Hill Open Space Preserve trail open for the sag pond area. The District plans to follow through on that according to the Board's decision to close the Meeting 04-12 Page 7 trail. 3. Also, included in the FYIs is a letter from the King's Mountain Association thanking Sally and others for their presentation. 4. He passed around pictures of the completed buildings at Skyline Ridge. 5. He gave a presentation on the States budget to li the administration office and the field offices. 6. There is the Achistaca Trail dedication tomorrow from 9:30 to 11:00 a.m. S. Thieldfolt: She attended the San Mateo County Special District's Association meeting and there was a report on LAFCo. X. SELECTION OF SECRETARY PRO TEMPORE In the absence of Secretary, Pete Siemens,the Board selected Ken Nitz to perform the duties of the Secretary. XI. ADJOURNMENT At 8:50 p.m.,the Regular meeting was adjourned. Margaret Reimche Recording Secretary Regional Open 5, .4ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-04-66 Meeting 04-15 July 14, 2004 AGENDA ITEM 1 AGENDA ITEM i Reconsideration of the Board-Approved Use and Management Plan Amendment to Close and Realign Lower Spring Ridge Trail at Windy Hill Open Space Preserve r i ACTING GENERAL MANAGER'S RECOMMENDATIONS Reaffirm an amendment to the Use and Management Plan for Windy Hill pen Space Preserve that includes closing and realigning a section of lower Spring Ridge Trail DISCUSSION At the meeting of June 23,2004,the Board directed staff to agendize this item to allow the full Board to review a previous Board approval of a Use and Management Plan Amendment for Windy Hill Open Space Preserve that included the closure and realignment of lower Spring Ridge Trail(see Report R-01-105). In early March of this year, staff submitted a site development permit to the Town, which has since been reviewed by the Town of Portola Valley Planning Commission,Architectural and Site Control Commission, Conservation Committee, and Town Trails Committee. The impetus for this Board item stems from a request of the Town of Portola Valley Planning Commission to retain the original road-width trail alignment that is currently designated for closure and restoration. In addition,Town representatives and several interested persons have advocated for retaining this section of trail to at minimum trail width(2-4 feet) (see attached letters and memorandums). The issue is not whether the District should construct the new 500-foot realignment,but whether the District should close and restore the existing 1,000-foot alignment(see attached map). For additional background information,below is a summary of the technical analysis provided by staff when the item was first brought before the Board to explain the need for closing and restoring the segment of trail in question(for clarification,the closure and restoration of the existing trail segment would only occur after the new realignment is completed): Protection of the Sensitive Sag Pond Environment One of the most important reasons identified for closing the road segment is the need to protect and enhance the unique sag pond environment. The existing road now passes immediately adjacent to a small sag pond, which is defined as a small body of water occupying an enclosed depression formed where active or recent fault movement has impounded drainage. Sag ponds are unique geologic features; the one under discussion in fact lies along the San Andreas Fault. Sag ponds provide important habitat to a number of species, including the federally-listed California red-legged frog that is known to inhabit riparian areas where water is present, similar to the segment of road that the District seeks to close and restore. It is highly probable that this area of Windy Hill serves as dispersal habitat for frogs moving from Corte Madera Creek to Sausal Creek and Sausal Pond. According to Sycamore Associates, who prepared a biological assessment for the project, the California red-legged frog is considered to have a moderate to high likelihood of occurrence within the project area. Previous surveys reported the presence of a California red-legged frog in Sausal Pond in 1998 and in Corte Madera Creek in 2000 near the bridge crossing. Therefore,the need to minimize � oFpkEs, F E R-04-66 Page 2 disturbance to the unique sag pond by re-vegetating the road and closing the road segment to trail traffic is of great importance. A split-rail fence between the sag pond and the road is not considered sufficient to prevent disturbance to this fragile vernal pond environment,particularly in terms of intrusion from dogs, potential sedimentation from the adjacent road, and impacts from trail traffic noise. Maintenance Concerns Staff also voiced concern about the need for routine maintenance and brushing of the existing trail segment if it remains open to use. Moreover,this area of the preserve is plagued with invasive thistle problems. Since trails are known to be vectors for the dispersal of invasive weeds, controlling the spread of thistle along this segment of road is considered a significant ongoing maintenance issue. Also,this particular area of Windy Hill is characterized by poor drainage,in part due to the type of soils, the Preserve's natural seeps,the numerous swales that cross the road, and the fact that the area is characterized as a natural depression created by the horizontal strike-slip movement of the San Andreas Fault. Any drainage improvements along this segment of road would require ongoing maintenance and improvements given the presence of an active fault,poor soils, and poor drainage. Duplication of Routes, Excessive Trail Density, User Conflicts, and Shortcutting Concerns Staff is also very mindful of the need to minimize unnecessary duplication of routes and excessive trail density, which would result if the road were retained. The existing road segment,the proposed Spring Ridge Trail realignment,the hardened driveway leading to the Kabcenell property, and the Meadow Trail would all lie within approximately 150 feet from each another,within viewing distance, and lead to the same destinations. The closure and realignment of Spring Ridge Trail would also create a more favorable trail/road configuration in the Preserve by minimizing the number of intersections between trails and the Kabcenell driveway,thus establishing a greater separation of uses that will minimize conflicts between trail users and vehicles. Shortcutting is yet another concern along a 300-foot stretch where the existing and new route would diverge since this area is fairly open containing mostly grasses and low-lying brush. Recognizing that shortcutting leads to aesthetic and ecological impacts from the loss of vegetation and compaction of the soil, as well as increased patrol enforcement to keep people from cutting across trails and increased maintenance to restore the denuded areas, staff stresses the importance of preventing circumstances that encourage shorteutting. Closing, restoring, and re-vegetating the road se went Identified as Mitigation Of important note,as part of the California Environmental Quality Act(CEQA)review for the project, closing,restoring, and re-vegetating the road segment is identified as mitigation for a number of potential impacts from other components of the Use and Management Plan Amendment approved by the Board for Windy Hill: the closure and re-vegetation of this road serves to minimize potential impacts to(1) the existing visual quality of the site and its surroundings by resulting in a minimal net loss of naturally vegetated land; (2)riparian habitat by resulting in no net loss of the natural riparian habitat community; and (3)soils since re-seeding the exposed road surface would create a vegetated cover to minimize erosion (refer to certified Mitigated Negative Declaration). Lastly, the discussion below highlights the main reasons raised by the Town in their request for the District to retain the trail, followed by a staff response. 1. The trail serves as afairly level route for use by persons of all ages, including residents of The Sequoias Response: The proposed realignment would have grades between 1.2 percent and 14.5 percent. Only a short section of the new trail, approximately 500 feet in length, approaches 12 percent grade,which is steeper than the average grade of the existing trail. Only 50 feet of the trail reaches the maximum grade of 14.5 percent. The existing trail can only be reached by traveling along other trails in the Preserve i R-04-66 Page 3 , that have similar steep sections. Visitors from the Sequoias and others who wish to hike in this area would have to be no more physically fit to enjoy the proposed realignment than the existing trail. Furthermore,the proposed realignment would avoid a very steep section of trail(21 percent grade)that begins the climb up to the Windy Hill summit. 2. The trail on the existing alignment has been on the Town plans for approximately 35 years, including the Town's Trails and Path Element of the General Plan. Response: It is staff s understanding that the Town has identified a trail alignment that connects the Town Center on Portola Road to Alpine Road,which includes the trail segment in question. It has been suggested that because this trail segment is part of a Town trail alignment, this trail has been identified and planned for more than 30 years. However, the District has always viewed trail plans as providing general locations and guidelines for developing final trail alignments that allow for on-the- ground refinement based on site-specific field conditions and a careful environmental review. Staff believes that the proposed route still meets the general intent of the original Town trail alignment, which is to provide a trail connection between the Town Center/Portola Road and Alpine Road. 3. The trail holds some historic value since it is at least 56 years old and may date as far back as the 1860s; the trail may have served as an Indian Trail. Response: Staff is not aware of any historical significance of the trail segment that is proposed for closure and restoration. Even if this segment is part of a trail or road that dates back to the early 1860s, it is important to note that only a 1000-foot segment will be realigned. The general route, destination points, and integrity of the trail will remain with the new alignment, which will parallel the old segment and be located only 150 feet away. Moreover, it is unrealistic to consider trails, regardless of their location or past history, as unchanging and permanent. Natural forces such as landslides and washouts or, in this case, the introduction of new resource data can create the need to modify, abandon, or improve existing trail alignments. Staff believes that this is the case with lower Spring Ridge Trail. As with any Board action,the District's Board of Directors must weigh the references of the general g P public with the District's mission"to protect and restore the natural environment; and provide opportunities for ecologically sensitive public enjoyment. If the Board chooses to reverse its previous approval of the Use and Management Plan amendment for Windy Hill Open Space Preserve,the Board must first direct staff to review and analyze the options and requirements for retaining the trail segment in question, since keeping the trail was not included as part of the original project description. Following this direction, staff will need to conduct an environmental assessment for the change in project description and return to the Board with the revised project description and appropriate CEQA findings. PUBLIC NOTIFICATION Staff mailed a notice of this meeting to Town of Portola Valley adjacent property owners and interested parties of the Preserve and posted a copy of this notice onsite and on the District web page. i Prepared by: Ana Ruiz, Open Space Planner I Contact person: Same as above WINDY HILL OPEN SPACE PRESERVE Board-Approved NJ Lower nment of Lower Spring R\idge Sequoias Trail Trail Alt Trail Segment of Interest to the Town (currently designated for Ow Trail closure & restoration) Sag Pond < 00e Lands cat R ' ♦ C Kabcene CO% Exhibit A: Lower Spring Ridge Trail Realignment t"i ® SPA. �. ASSOCIATES L a►. annino and Research ® 3240 ALPINE ROAD • PORTOLA VALLEY,CALIFORNIA 94023.7592 • (650)854.600t • FAX(650)854.6070 MEMORANDUM April 23,2004 To Planning Commission From : George Mader,Town Planner Subject Field Trip to View MROSD Site Development Permit X9H-517 The following persons attended the field trip on 4/23/04: Craig Breon, Chair,Planning Commission Laura Chase,Chair,ASCC Susan Gold,Trails and Paths Committee Mary Hufty,Trails and Paths Committee Dick Anderson,Trails and Paths Committee Marge DeStaebler,Chair, Conservation Committee Ana Ruiz,MROSD Sumudu Welaratna, MROSD Tom Vlasic, Deputy Town Planner George Mader,Town Planner Leslie Lambert,Planning Manager The group assembled approximately at 10:00 AM. Ana Ruiz drove the group through the entrance on Alpine Rd. and then to the beginning of the road rerouting. The new road route had been marked with yellow tape. The group walked the portions of the realignment that were passable and viewed the tapes in areas that were not possible due to poison oak and heavy brush. Mary Hufty and Marge DeStaebler arrived somewhat after the hike started. While the committees and commissions represented on the field trip will discuss the proposal at their scheduled meetings, the consensus seemed to be that the rerouting was an improvement.ro e o ment. g P Ana Ruiz emphasized the importance of the rerouted road for use by MROSD patrol vehicles. Staff pointed out that cut and fill slopes will need to be blended in with natural terrain to a greater extent than shown on the plans. Dick Anderson suggested that the short steep path that connects the exis ting road d with the Meadow Trail be be retained rather than closed as a part of the project. Ana Ruiz noted this was something that cons the district could con sider. After the project attendees left,Marge DeStaebler and Mary Hufty wanted to see parts of the proposal that they had missed. George Mader then accompanied them on this part of the field trip. The trio noted several trail issues as described below. The town trail that goes behind The Sequoias currently connects with the portion of the road proposed to be closed. It will be necessary to provide a connection from this trail to other trail facilities. One connection should be made to the new road. A second connection to consider is the existing road proposed to be closed that stays at a low level and connects to the Kabcenell driveway. While MROSD has indicated this is not appropriate for patrol vehicles,it appeared it could easily be retained for trail use. This route has a distinct advantage in that it provides a low level trail for older persons,including residents of The Sequoias. Also,it is one of the most beautiful trail routes in the town. It appeared that minor drainage problems could easily be Planning Commission,4/23/04 Page 1 solved in order to make the trail useable year around. Alternatively,without any work, trail use could continue for most of the year. A second concern was the need fora good trail connection from the Betsy Crowder trail to the trail(mentioned above as noted by Dick Anderson)that connects to the Meadow Trail. This could be via a new trail to the west of the road,or by using the road to a point where a trail at an acceptable grade could easily reach the Meadow Trail. Distribution:All persons on the field trip. Planning Commission,4/23/04 Page 2 � TRAIL ALIGNMENT A SCALE 60' All TRAIL ALIGNMENT "B" Ivi N ftr Ne It, SHEET 1/3 I r jFreyer Lauret;a, Inc. IMPROVEMENT PLANS civil engineers - surveyors construction managers WINDY HILL OPEN SPACE PRESERVE TRAIL ALIGNMENTS MORMN 144 North Son Mateo Drive Son Mateo, CA 94401 (650)344-9901 - Fox (650)344-9920 - www.freyericurelo.com PORTOLA VALLEY, CALIFORNIA 19ti + y / SPRIN R19C TRAIL, r� j� so oa SCALE 1 = 40' .00 SUS .10" -\ I J. Jo -T RAlL. ALIGNMENT-5--"-tr 5— LAJ W jam% i :�� r�i i�/ V) U e J 1 qL \ SHEET 2/3 row � Fre er � Laureta, Inc. IMPROVEMENT PLANS C 1 Y WINDY HILL OPEN SPACE PRESERVE ctv17 engineers • surveyors construction managers r 144 North son Mateo Drive son Mateo, CA 94401 TRAIL ALIGNMENT "A' (650)344-9901 • fax (650)344-9920 • www.froyeriourato.com PORTOLA VALLEY, CALIFORNIA i SCALE 320 �. CIF, P� — 1 ' — 40' =�a11, TRAIL ALIGNMENT "B" s _ `��4 _�� \ � ��•� ..\\� � �-� ems. q l P 09C \ / o � r 0 U S�f SSS � 0 s n sr ti ag~S SHEET 3/3 Fre er � Laureta. Inc. IMPROVEMENT PLANS C f y WINDY HILL OPEN SPACE PRESERVE clvi engirs • surveyors construction managers TRAIL ALIGNMENT 'B' try 144 North Son Moleo Drive San Mateo, CA 9440t (650)344-9901 • fox (650)344-9920 • www.lreyerloureto.corn PnRT0I A VAI I FY C;AI IFC)RNIA ' UALLETZ �� o C��IZ�QGA o f Town Hall:765 Portola Road, Portola Valley,CA 94028 Tel:(650)851-1700 Fax:(650)851-4677 May 14,2004 MEMORANDUM To Planning Commission From George Mader,Town Planner Subject MROSD Site Development Permit,X91-1-517 Location This application includes the proposed relocation of a portion of the existing Spring Ridge road/trail and provides for a new connection from that road to the Kabcenell Driveway. The location is shown on Exhibit A. Request The conditional use permit for the Windy Hill Preserve provides that the Town has the right to review changes to "Use and Management Plan Elements" when changes are proposed by MROSD. In 2001,the town reviewed certain proposed changes to "Use and Management Plan Elements." That review took place in the context of a proposed mitigated negative declaration for the project. The changes included the Betsy Crowder trail,the realignment of the road/trail that is the subject of this site development permit,and closure of a lower road (noted "Road to Restore"on Exhibit B). Accordingly,the town has already reviewed the proposed realignment of the Spring Ridge road/trail and the new connection to the Kabcenell Driveway. Now the commission is reviewing the site development permit application in order to look at the details of the project. The application consists of the following: Letter from Anna Ruiz of MROSD describing the applications,3/11/04 Application for Site Development Permit X91-1-517, Application for Tree Removal Permit Plans submitted by Freyer&Laureta,Inc.,5/4/04 Sheet 1,Cover Sheet Sheet 2,Improvement Plan Sheet 3,Improvement Plan Sheet 4,Revegetation and Erosion Control Plan Sheet 5,Revegetation and Erosion Control Plan Sheet 6,Details Sheet 7,Details. Reduced versions of Sheets 1,2 and 3 are enclosed. These show the proposed road grading. Memorandum reports from Pacific Geotechncial Engineering dated 7/18/02,11/4/02 and 1/10/03. Also,a cover memo to the reports from MROSD dated 3/11/04. Mitigated Negative Declaration,Proposed Use and Management Plan Amendment for the Lower Area of Windy Hill Open Space Preserve,June 20,2001. Planning Commission,May 14,2004 Page 1 Ordinance Requirements The project includes an estimated total grading of 1,980 cubic yards. Grading in excess of 1,000 cubic yards must go the planning commission for action. Review Comments Applications for site development permits are referred to the following site development committee members for review: town engineer,town planner,town geologist,health officer, fire marshal and designated members of the ASCC,conservation committee and trails committee. Field Trip A field trip was held on 4/23/04 at which MROSD explained the proposed road/trail alignment. A copy of the notes of the field trip is enclosed. Town Engineer The town engineer has indicated by notes on a 3/31/04 memo that he has no comments on the application. In follow-up,he indicated by phone on 5/5/04 that he reviewed the engineering, grading and drainage and found them all acceptable. Town Planner i After reviewing the plans by Freyer&Laureta,Inc.,we recommend several changes: Sheet C 1,Cover Sheet, Under General Notes- Note 6: Modify to also notify Town Planner at least 48 hours in advance of grading operation. Note 12: Modify so that Contractor also notifies Town Planner. Under Tree Preservation Notes- Note 4. Modify to add that the District indicate to the Planning Manager where trees are to be stored prior to placing in storage Sheet C 2 The contractor staging area should be modified to allow most existing contours to remain. One dissipater for fill subdrain is outside the tree protection fence,this needs to be corrected. To the extent possible,the fill below the"T"intersection should be at a less steep slope. The intersection of cuts and fills with existing terrain should be blended so as to make the graded slope less obtrusive. This pertains to Sheet 3 as well. Sheet C 3 0 The top of wall should be shown as 346.0 not 336.0. Sheet C 7 Under Tree Protection Fencing-Modify Note 9 to also notify Planning Manager Planning Commission,May 14,2004 Page 2 i Tree Removal Permit: Sheet C 2 shows removal of 12 oaks,the largest of which is 15". It also shows a wall to protect a 54"oak. Sheet C-3,shows a wall to protect a 44"oak. Three of the oaks to be removed meet ordinance definitions of significant trees which are 11.5"for all oaks except for Blue Oaks which is 7.6". The three oaks to be removed are not Blue Oaks and measure 12",12"and 15." It is suggested that retention of the 15"oak on Sheet C 2 be considered. The plans show approximately 2.5'of fill at this location. An arborist's report would be desirable. The two other significant trees to be removed are so close to the realigned road that it is not possible to save them. Comparison with Design Shown in Mitigated Negative Declaration: The proposed road realignment and new connection follow very closely the alignment shown on the plans accompanying the mitigated negative declaration. One change,however,has been to swing the realigned road slightly to the east after if climbs from the "T"intersection. Field review indicates this will allow a more gentle grade and will not disturb significant trees. The planning commission reviewed the negative declaration that was submitted for modification of the conditional use permit for MROSD in 2001. Enclosed is a copy of the letter from the commission dated 7/18/2001 to MROSD on this topic. The proposed changes in roads are shown on Exhibit B. As noted,the planning commission requested that the lower road that is to be closed(the labeled "Road to Restore"),be instead closed to vehicular traffic but retained as a trail. MROSD did not follow this recommendation. Town Geolo ig_st Memorandum reports dated 7/18/02, 11/4/02 and 1/10,2003 have been submitted by Pacific Geotechncial Engineering. Also,a cover memorandum from MROSD accompanies the reports. The reports indicate some concern over potential landsliding and recommends certain minor changes in alignment. The town does not have a new report based on the plans currently before the town. The town geologist by memorandum dated 3/24/04 has recommended approval with the provision that the project geotechnical consultant review the most recent plans and submit a report to the town geologist for review and approval. Also,the town geologist recommended inspection provisions. Since these facilities are for vehicular patrol use and trail use,the town does not have specific standards for the facilities,such as it has for roads in subdivisions and for driveways. MROSD as well as the town geologist and consultant geologist note this limited function. The town geologist should review a final report of the consultant geologist with the objective of making the facility as safe as is reasonable given the geologic nature of the area and the proposed uses for the facility. Health Officer No comments have been received at this time. Planning Commission,May 14,2004 Page 3 Fire Marshall No comments have been received at this time. ASCC The ASCC held its meeting on 5/10/05. The commission made three recommendations: 1. The acorn planting on Sheets C4 and C5 not be of a linear design,but rather random. 2. The 15' oak on Sheet C2 be retained if possible. 3. The lower road/trail noted to be deleted should be retained as a trail. Conservation Committee The report of the committee from its meeting on 4/27/04 is as follows: Tree removal is not significant. We approve. Revegetation and oak seeding production is fine. Most committee members would like to see the road "sag pond" remain as a trail if possible. Trails and Paths Committee At its meeting on 5/11/05 the trails committee agreed to support the recommendations of the town planner and emphasized the desire to keep the lower road as a trail Discussion of Lower Road Retention of the lower road as a trail has been matter of difference between the town and the MROSD ever since MROSD decided to close the road. The town has written several letters to the district requesting that this be retained as a trail. This particular trail was shown in detail on the town's trail and path element since it was adopted in 1970(see enclosed excerpt from the Trails and Paths Element diagram). It was intended as part of a low level trail that would connect with Portola Road north of the town center and finally reach Alpine Rd. in the vicinity of Willowbrook Drive. It was also conceived as an easy trail for persons from The Sequoias since it is quite level. Ultimately,the MROSD Board of Directors denied this request. It is of note that the staff report to the board(7/20/01)),copy enclosed indicated"...the proposed reroute within the preserve clearly meets the intent of the Town of Portola Valley's General Plan Trails and Paths Element." The contention was that the road/trail that is proposed to be deleted was only a general alignment. In reality,the facility followed an existing dirt road and there was no ambiguity as to its location. One can argue that this statement in the staff report is inaccurate. In reviewing this matter with Anna Ruiz of MROSD on 5/12/04,she reiterated the several reasons the board denies the request: 1. The trail passes next to a sag pond which was identified as sensitive. 2. There is concern that persons using the trail or a trail above may cut across intervening lands and causing environmental damage. 3. The trail has several places that do not drain well and is therefore difficult to maintain. Planning Commission,May 14,2004 Page 4 4. There is thistle along the trail that requires clearance in order to maintain the trail. 5. Because the new connection is being made from the Spring Ridge road/trail to the Kabcenell driveway,there would be too much of a duplication or routes. There still are good reasons to retain the trail,as follows: 1. It is part of an important low level trail that has been a significant part of the town trail plan for over 30 years. 2. The trail is essentially level,whereas the proposed substitute connection(Spring Ridge road/trail)has grades as steep as 14.5%. It is noted that the steepest grade allowed on town roads is 15%. For many persons living at The Sequoias, this is too steep of a grade. 3. It would appear that a minor amount of rock or a couple of pipes would safely convey water across or under the trail. Another approach would be to close the trail in winter. 4. Also,it would appear that a low,short split rail fence would encourage persons to not intrude on the sag pond. 5. It is true that some additional maintenance with regard to the thistle might be needed, but perhaps the town could assist in this. 6. While there might be some danger of persons cutting between trails,this is not an uncommon problem and hardly seems a justifiable reason to not allow this important trail. 7. For those at The Sequoias who cannot hike up a 14.5%grade,they could hike a loop that would allow them to hike clockwise using the lower trail and then climb the more gentle route that parallels the Kabcenell driveway and then descend on the realigned road that does include a stretch of 14.5%grade. (We understand that residents at The Sequoias are sending a petition in favor of retaining this lower trail.) When one reviews the history of this controversial trail,the record is somewhat unclear. The plan diagram submitted by MROSD and which accompanied the conditional use permit in 1991 (excerpt enclosed)outlined a "Trail Realignment Area." Within that area the only noted change shows one trail as"Existing"and the other as"Remove." No other specific changes are shown. Admittedly,the diagram enclosed indicates a large area for trail relocation;however,only two trails were shown specifically for change. Furthermore,the road/trail in question was labeled as"Road to Restore"on maps of the district as late as 2001. The question then arises,how did the district decide to delete the"Road to Restore"and was this approved by the town. Two conditions on the conditional use permit for MROSD are relevant to this question: Condition 4. states: "Uses not requiring amendments to the Conditional Use Permit include unpaved hiking,equestrian,and bicycle trail use and development,signing,hang gliding, restrooms and uses determined by the Portola Valley Planning Commission to be of similar nature and consistent with the"Conditional Use Permit Supplement." Condition 9. states: "The terms of this conditional use permit are intended to provide for consistency of the development and use of the preserve with the Town's general plan and Planning Commission,May 14,2004 Page 5 �I ordinances. Should there arise a lack of consistency, the Town reserves the right to set a public hearing at which modifications to this permit to correct any inconsistencies may be considered and adopted." It can be argued that the deletion of the lower trail is not consistent with Condition 4. The fact is that the planning commission never found that the relocation or closure of this important facility was consistent with the Conditional Use Permit Supplement. The replacement is not of a similar nature due to major changes in grade and trail experience. Also,it is not consistent with the diagramP included as a art of the conditional use permit referenced earlier in this memo and enclosed. We interpret this condition to allow use and development of trails that are shown on the diagram that accompanied the conditional permit. We do not interpret this condition to allow the district to make major changes in alignment without planning commission approval. Such approval,however,does not require a conditional use permit amendment or a noticed public hearing. Secondly,the trail closure is not consistent the town's Trail and Path Element as it existed from 1970 to 2003. The town did,however,modify the diagram in 2003 based on the District's adamant rejection of the town's request to retain the connection. This action did not,however, reflect the desire of the town. We would therefore recommend that the commission consider whether the closure of the lower road/trail and its the replacement with a new connection from the Spring Ridge road/trail to the Kabcenell Driveway are consistent with conditions 4. and 9. At this point,two options appear worthy of consideration: 1)MRCISD could decide to retain the trail in question. 2) The commission could decide to find the substitution of the proposed Spring Ridge road/trail for the lower road to be consistent with condition 4. If there is a difference of opinion between the town and the district on the interpretation of Condition 4,that matter should a settled. There needs to be clarity as to the status o the district's trail plan that was approved as a part of the conditional use permit. What say does the town have as modifications are made to the plan? The interpretation suggested in this memo is that major changes,such as the one prose does require approve of the planning commission. The timing on this matter is important since the district intends to construct the alternate route this summer. CEQA The site development permit qualifies as an exemption from CEQA by virtue of being a minor alteration of land pursuant to Section 15304 of the CEQA Guidelines. Recommendations The commission should first decide whether to act on the permit given the potential conflict . If it i unable iti f the conditional use permit. This matter is discussed above s with the conditions o o to reach a conclusion,the application .could be continued to a future meeting. P P g If action is to be taken to approve the permit,the following conditions are recommended: Planning Commission,May 14,2004 Page 6 The plans should be modified as follows: Sheet C 1,Cover Sheet, Under General Notes- Add a note that requires notification to the Town Engineer,Town Planner and Trails Committee when the centerline of the relocated roads have been staked and are ready for inspection. Note 6:Modify to also notify Town Planner and Trails Committee at least 48 hours in advance of grading operation. Note 12: Modify so that Contractor also notifies Town Planner. Under Tree Preservation Notes- Note 4. Modify to add that the District indicate to the Planning Manager where trees are to be stored prior to placing in storage Sheet C 2 Modify the contractor staging area to allow most existing contours to remain. One dissipater for fill subdrain is outside the tree protection fence,this needs to be corrected. To the extent possible,the fill below the "T" intersection should be at a less steep slope. The intersection of cuts and fills with existing terrain should be blended so as to make the graded slope less obtrusive. This pertains to Sheet 3 as well. Sheet C 3 The top of wall should be shown as 346.0 not 336.0. Sheets C4 and C5 The acorn planting on Sheets C4 and C5 not be of a linear design,but rather random. Sheet C 7 Under Tree Protection Fencing-Modify Note 9 to also notify Planning Manager Tree Removal Permit: The 15"oak on Sheet C 2 should be retained if possible considered. An arborist's report should be submitted to staff for action or referral to the planning commission Geology The conditions in the town geologists memorandum dated 3/24/04 shall be complied with. Also,the town geologist should review a final report of the consultant geologist with the objective of making the relocated road as safe as is reasonable given the geologic nature of the area and the proposed uses for the facility. Revised Plans The project plans shall be revised to comply with the foregoing conditions and submitted to the town for review and approval prior to issuance of the permit. Enclosures 1 Planning Commission,May 14,2004 Page 7 i c. Leslie Lambert Sandy Sloan George Comstock Richard Merk Planning Commission,May 14,2004 Page 8 I WINDY H L OPEN SPACE PRESERVE 0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 ORTO ` • ALL r � Milli 11 One Mile ., do,_, a 4�� "tom ��,`�.�i�„����, r, �• '= ��., . <J. 1^.'?S tdk nT>'S cd.'•- '. .�['s ,s #..v ttTi- .7v *ir' _ ,` 'x•Krtaa ""L"�Z vc :�' ,4 r•".1.�; L'�>- �� � z 'r �' �`'1ch'�..>•_;:.`�`�...� .�-� R�:,..cc':'�j �}rj � tia. ,4�`,.�';�». ,sic rk "`� H•r"'��r�''f.. � >�{ L - + � oY�o G,,... \ Y� �.�r s�� 4" J'� CJ��4 '��`� �� �. ' arr• ( t ,•ry,.l, ... a�•i;r. k '`'� -a�.B"' • `. "K' R...�" t z �'�' .� t �*i . }�� •e;-4t����i,� yt � 4 � y Wta.r•. �i e���i �*yyir �� �3:�'fr � � �e.r. •'6 s�� f -' t� r i' 4:�`� �krrsTs' i •�� ISPu dt?�tp�d�`' / �• O _ �.\0.6 IL z'• - --• �) �,j Proposed Spring Ridge ^: I Trail Re-Route 5 rinb'Ridge Tra;, 1 0.3 S\[ 0.1 : v 1.6 � • OOs� Seq uoras -7 z 'E' •j . ,+ r: a C 1400 Trail I ���'� _ 1�' L_ ( � I 1, \•—�.. ' ' • r � 0.4 err �ll •N. 1nnr.enary Trail r _ ik�i`_...t'• 0.7� r / r, _� `���' �o`x•.�, r• A`a'.i' � � f 'Guic . 1 Hamms Gulch Trail0.2 2'6 i• �. � t��„S<� ,fry `fir+- fi ��. ..:i � ��►-� �• ) ^N: ` sew .,,�. ��� b�' iw' I i _ t •1 E /ol V s / , 1200 arro I Lost Trail J / • et .s° x �rF ak �� t fbx rr.ra� � 3 n' `` •�i y.+4�":�.,ec e�rt��� '�`r; r� �iy, �.-c• {mac+ r- .�~ 0.4 i�, s�rj•C'c ? �.I�f2 h��<r '�.� {'k''.cF±"c�1 � �''"Si :s �r'• ' •r' fh-'f''2.�''� ''ti''� F�° " �`'� • E'tr,'"s' ..✓ +t-Y �?;C�-•is i N Map Legend Trail Use QVehicle Parking Lot ===== Driveway Area Closed to Public Use ..... Hiking Only X Dogs on Leashes (Authorized Vehicles Only) ® for Resource Protection Permitted Only Roadside Parking - Creek —.— Hiking,Equestrian on Designated Trails ® 11 0 ® Trail Distance in Miles No Public Entry Private or Leased Lands Hiking Bicycling. Bay Area Ridge Trail iRestroom H Gate(=s) Equestrian i Site Development Permit C X H I F3 I T' A I over Snrine Ridge Trail Realienment windy bill upf—1 opace rreserve \ \\ \J'd _ ,p ,1" - Name of. !, r Lfne-T 6U Len th- ft \ 6 0�.` Driveway ., .. 2350 O I �� ```` ��♦n Kc '�a'' . 'a Lower Meadow Trail 750 .. Old Bypass Trail —_— — 2120 •." � Parking Entrance -•••-----• 350 Lands of The Sequoias Road Reroute 540 Road to Restore 1200 Betsy Crowder Trail 3190 Segment to Eagle Trail 90 y C� Lower Spring Ridge Trail 0 8710 j \ tp To Town Trail .......... 560 1 Upper Meadow Trail 480 Connection to SRidge 1630 CD fro O 1 --60 \ .\ 800 I \ \ \ \ �0 3c � 1 ti° i lm,o Cr CQn o - 2ecfio .1000 F <. pass �1 . ::�•. ` '� F Fo-��Z i- .1 _ •.Trail�-' Y _' •�-' �r � \ •.o. - eado I 800 \Lands of �t mod, r�(a . , "�.aa ` x Kabcenell _ ��.ate • � �a .z � ,: 0. {� m £ Gul ,i ch ,lones.�uf EXHIBIT.S. Proposed and Existing Trails 500 0 500 1000 Feet Contour intervals: 40 feet Regional Open Sp&e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT May 19, 2004 CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION Planning Commission Town of Portola Valley 765 Portola Road Portola Valley, CA 94028 RE: Site Development Permit X911-517,Realignment of Spring Ridge Trail at Windy Hill Open Space Preserve Dear Commissioners, The District respectively submits this letter in response to the Memorandum prepared by Town Planner George Mader,dated May 14, 2004,which explains the Town's desire to retain the"sag pond road"as a trail versus the District's proposal to close and restore this segment of road. The District would like to clarify the reasons for the proposed closure and restoration, including the extent of review that preceded this decision. Protection of the Sensitive Sag Pond Environment One of the primary and most important reasons for closing this road segment is the need to protect and enhance the unique sag pond environment. The road passes immediately adjacent to a small sag pond,which is defined as a small body of water occupying an enclosed depression formed where active or recent fault movement has impounded drainage. Sag ponds are unique der discussion in Wind Hill in fact lies along the San Andreas geologic features; the one under y $ Fault. Sag ponds provide important habitat to a number of species, including the federally- endangered California red-legged frog that is known to inhabit riparian areas where water is present, similar to the segment of road that the District seeks to close and restore. It is highly probable that this area of Windy Hill serves as dispersal habitat for frogs moving from Corte Madera Creek to Sausal Creek and Sausal Pond. According to Sycamore Associates,who prepared a biological assessment for the project,the California red-legged frog is considered to have a moderate to high likelihood of occurrence within the project area. Previous surveys reported the presence of a California red-legged frog in Sausal Pond in 1998 and in Corte Madera Creek in 2000 near the bridge crossing. The District seeks to prevent further disturbance to the unique sag pond environment by re-vegetating the road and closing the"sag pond road"to trail traffic. A split-rail fence between the sag pond and the road is not sufficient to prevent disturbance to this fragile vernal pond environment,particularly in terms of intrusion from dogs, potential sedimentation from the adjacent road, and impacts from trail traffic noise. Maintenance Concerns The District is also concerned about maintenance issues if this trail is left open to use. Regardless of the trail width,trails must be routinely brushed of vegetation. This area of the preserve is also plagued with invasive thistle problems. Since trails are known to be vectors for the dispersal of invasive weeds,controlling the spread of thistle along the "sag pond road"is also considered a significant ongoing maintenance issue. Moreover,this particular area of Windy Hill has very poor drainage, in part due to the type of soils,the preserve's natural springs and seeps,the numerous swales that cross the road, and the fact that the area is a natural depression created by the horizontal strike-slip movement of the San Andreas Fault. Any drainage improvements along this segment of road would require ongoing maintenance and corrections given the 33o Distel Circle 650-6gT-izoo 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 tittle,Nonette Hanko,Larry Hossett Kenneth C.Nitz L Craig Britton presence of an active fault and water seepage that together are ever changing the nature of the terrain. Duplication of Routes,Excessive Trail Density and Shortcutting Concerns The District is very mindful of the potential for the unnecessary duplication of routes and excessive trail density that would result if the road were retained as a trail. The existing"sag pond road,"the proposed Spring Ridge Trail realignment,the hardened driveway leading to the Kabcenell property, and Meadow Trail would all lie at approximately 150 feet from one another within viewing distance and would lead to the same destinations. Shortcutting is also of particular concern along a 300-foot stretch where the existing and proposed route would diverge given that this area is characterized as open grassland/chaparral (most of the low-lying brush would need to be removed to create a construction staging area). Given that shortcutting leads to aesthetic and ecological impacts from the loss of vegetation and compaction of the ground and increased enforcement pressure to keep people from cutting across trails and maintenance to restore these denuded areas,the District stresses the importance of preventing the potential for shortcutting. Comprehensive Planning Process Followed and Extensive Public Review Worth mentioning is the comprehensive planning process followed by the District to evaluate and receive public input on the realignment and closure of the"sag pond road,"which was first identified as part of a Use and Management(U&M)Plan Amendment process in 2001. During the planning phase of the project,District staff met onsite with interested parties,neighbors, and Town representatives to introduce the proposed improvements. The public was also invited to Use and Management Committee meetings held both at the preserve and the District office to further discuss the details of the proposed improvements. The District gathered public input verbally at these meetings,over the phone,and in writing via letters and emails, including the Town's initial request to retain the"sag pond road"as a trail. The District's Board of Directors considered this information,together with District staff s technical environmental analysis, and the Committees' recommendations when adopting the U&M Plan Amendments. Most recently, the public was afforded another opportunity to comment when staff requested Board authorization to use public funds to enter into contract with the engineers for design services and for authorization to solicit bids for construction. The District has so far dedicated considerable staff time to inform the public of the changes,receive input, complete the environmental CEQA review, complete plans and specifications, submit permits, and prepare a bid package for construction. In addition,the District has worked closely with our adjacent neighbor,the Kabcenells, to address potential user conflict concerns along the driveway by minimizing the number of trail-driveway intersections. By closing and restoring the"sag pond road,"there would be only one intersection where the Meadow Trail and proposed Spring Ridge connection meet the driveway. Restoration of the Sag Pond Road as Mitigation Of important note,as part of the California Environmental Quality Act(CEQA)review for the project,closing and restoring the"sag pond road"is identified as mitigation for a number of potential impacts: (1)the closure and re-vegetation of this road serves to minimize the impacts to the existing visual quality of the site and its surroundings by resulting in a minimal net loss of naturally vegetated land; (2)restoration of the"sag pond road" also minimizes potential impacts to riparian habitat by resulting in no net loss of the natural riparian habitat community; and(3) restoration of the road would also mitigate potential impacts to soils since re-seeding the exposed road surface would create a vegetated cover to minimize erosion. it staff sentiments in consideration of retaining the ss Town s Lastly, the Distract would like t�address � road as a trail. Consistency with Town Trails Plan It is the District's understanding that the Town has identified a trail alignment that connects the Town Center to Alpine Road,passing along the area of the existing"sag pond road". It has been suggested that because the existing"sag pond road"is part of a Town trail alignment,this trail has been identified and"planned"for more than 30 years. However,the District has always viewed trail plans as providing general locations and guidelines to develop final trail alignments, which allow for on-the-ground refinement based on site-specific field conditions and a careful environmental review. The District believes that the proposed route still meets the general intent of the original Town trail alignment,which is to provide a trail connection between the Town Center/Portola Road and Alpine Road. Trail Grades and Use by Sequoias Residents Town staff also points to the steeper grade of the new proposed route,which varies between 1.2 percent and 14.5 percent. Although grades are steeper,this stretch of trail is only 500 feet long, most of which contain grades of 12% and less (the section that is at 14.5% is only approximately 50 feet long). Moreover,visitors from The Sequoias who seek to reach the more level"sag pond road"would need to travel along some sections of trail that are relatively similar in grade as the proposed route,requiring them to be physically able just to reach this area of the preserve. The District respectfully requests that the Planning Commission consider the District's extensive analysis and technical conclusions for determining the need to close and restore the "sag pond road". The District understands the Town's preference for retaining the road,but should weigh this preference with the District's mission"to protect and restore the natural environment; and provide opportunities for ecologically sensitive public enjoyment". The District believes the proposed route, together with the new Meadow Trail,will provide an equally enjoyable 've habitat for wildlife and st ill meet the e tin sensr experience for trail users while also prot c g h Town's intent to provide a trail link for residents that connects Portola Road to Alpine Road. Si cerely; L. g Britton General Manager LCB:amr ,cc:-MROSD Board of Directors i RECEIVED MAY 18 200 MIDPENINSULA REGIONAL OPEN MROSD SPACE DISTRICT Board of Directors 360 Distel Circle Los Altos, CA 94022 Dear Board of Directors: have been asked to send this letter on behalf of the many Sequoia residents who enjoy the level trail/road along the back of the Sequoias. Our residents have easy access to this trail from the Town's Sequoia Trail, and this path takes them to the top of the Kabcenell driveway above Alpine road, a pleasant easy walk for older people. It is our understanding that the District plans to remove and reroute this trail. We urge you save it as a small footpath. Thank you, A Brawner, President Sequoia Resident's Council cc: Town of Portola Valley Planning Commission Regional Open S- -ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT May 26,2004 Mr. Alexander Brawner Box 8120 501 Portola Road Portola Valley,CA 94028 Dear Mr. Brawner: We have received your letter dated May 12, 2004. Unfortunately we did not receive your correspondence in time to present it to the Board of Directors at their regular meeting of May 26,2004. The next regular meeting of June 9, 2004 has been cancelled;therefore,the Board will consider your letter on behalf of Sequoia Resident's Council at the next scheduled meeting,June 23,2004. We appreciate your comments and will respond accordingly. Sincer y, L. Craig Britton General Manager cc: MROSD Board of Directors 330 Distel Circle • Los Altos,CA 94022-1404 Phone:650-691-1200 Fax:650-691-0485 • E-mail:mrosd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, Deane Little, Nonette Hanko, Larry Hassett,Kenneth C.Nitz • General Manager:L.Craig Britton Jun 18 04 10: 48a TOWN OF P.V. 650-851-4677 p. l UOWM of POSuOiCA VAUPY 765 Portola Road,Portola Valley,Califon-fa 94029 (415)851-1700 Fax:(415)851-4677 e 18 June 2004 MROSD Board of Directors 330 Distel Circle Los Altos, CA 94022 Re: Portola Valley Site Dev. Permit # X9H-517 Dear Honorable Board Members: etc, «•rlI iT!C (.0 af.1; Vt!tt ;wt re-r c,��si.r?.r. r ,+Fa decision, contained in your request, to abandon )part of a trial whic;t i.s iised and loved by many of our residents. Currently used as a service road, this level section can easil.v be reduced to a "pedestrian only" trail; solving your seasonal access issues while maintaining its highly desired use for. our residents. 1i1 f.l7F• ,):9fit , �'.1t'tC• ;i �t.tiafV 11a., �;T,r,i� highly supportive of the district. 1 took the afternoon to testifv at the LAFCO hearings in your favor for expansion to the Coast, siting what a good neighbor the District has been. I now question my action. Has your staff forgotten that they have a "customer" in the tax paving users of the District? We do not want to loose access to this beautiful section of trial in favor of an overly steep maintenance road and a section of Kabceneh driveway. Thank you for your consideration. Sincerely yours, --7 Richard T. Merk. Councilmember 650-851-0911, (FAX:650-851-0978) II' III . .. _ .. .. .. .. ..... ..5£. � •}?"^ F�- it f �owl'n of 1PORZOLA UALLET To�.vn Hall: 765 Porrola Road,Portola Valley,CA 94023 Tel:(650)851-1700 Fax:(650)851-4677 June 22,2004 Board of Directors Midperunsula Regional Open Space District 330 Distel Circle Los Altos,California 94022 Dear Board Members: The Portola Valley Planning Commission has before it the District's proposal for certain modifications to the service road/trail that goes up Windy Hill and a new connection to the Kabcenell driveway. In reviewing the site development permit application, the Planning Commission again came face-to-face with the fact that the District proposes to close a trail link that is very important to the town. The commission referred the matter of the trail closure to the Town Council, and the Council voted 5-0 to ask the District to reconsider the proposed closure. A considerable amount has been written about this proposed closure, and I won't go into all of the background in this letter. Simply put, however, this 1,000 foot section of trail was identified in the town's Trails and Paths Element of the General Plan in 1970, almost 35 years ago. It existed at that time and still exists today. It is part of a proposed low-level trail shown on the plan that starts on Portola Road north of the Town Center and follows an almost level route along the base of the western hills all the way to Alpine Road. It was and is envisioned as a beautiful trail for families and individuals as well as older residents of The Sequoias retirement community. Residents of The Sequoias currently access the trail from the back of their property and can take an enjoyable walk with very minimal grades. The proposed replacement of this trail with a new service road/trail is in no way comparable, as it is considerably steeper and will not adequately serve the uses the Town has for many years intended. The proposed portion to be closed has been a service road/trail, and we agree is not suited for a service road function. We strongly believe, however, that a narrow portion of the road can and should be retained for trail purposes only. This designation would be consistent with the long held plans of the Town. The Town desires to work cooperatively with the District on matters of importance to both parties. One of the original justifications for granting the conditional use permit for the Windy Hill Open Space Preserve was that it would serve the Town as well as the Midpeninsula and larger area. We are now asking for consideration of a small section of trail that has and should continue to serve the Town. The Planning Commission will next consider the District's request at its meeting on July 21. We look forward to your consideration of this request and a favorable response. Sincerely, Craig K. Breon,Chair,Planning Commission cc. L.Craig Britton,General Manager Town Council t .^ �..'. 10 � 1:5op Roa* rail proposed to be- closed Spring Ridge road/trail Natural swale 1, ?' • S Tank: • n ___...fffff( •• Approximate alignment o portion Connection from 1868 map of road/trail leading up Hamms Gulch s � a WT F C 1AV- 1�00 / Enclosure to MROSD letter of 6/29/04 o Excerpt from USGS map, 1" = 2,000' � ZOW'n 0 POWA UAEE ) Town Hall: 765 Portola Road, Portola Valley,CA 94028 Tel:(650)851-1700 Fax:(650)851-4677 To: George Mader, Town Planner From: Nancy Lund, Town Historian Subject: History of Hamms Gulch Trail Date: June 29, 2004 The trail down Hamms Gulch has a long documented history. William C. Jones, who owned the land the present Lauriston buildings occupy, built a trail down the gulch in the 1860s. The late Town Historian Dorothy Regnery believed this route probably followed an old Indian trail. Primary early uses were hauling wood and tanbark. Stanford University hikers used it at the turn of the century and called it "Goat Ranch Road." (The Rengstorff property was called Goat Ranch.) Edward L. Brown, whose farm was at the top of Windy Hill near the picnic benches today, improved this road. Cordelia Brown routinely drove a team of six horses down the route to take butterfat to market. The area was laced with several trails during the Herbert Law/J. F. Neylan era. am including a copy of an excerpt from an 1868 map for your information. RECEIVED JUN 3 0 JiT SPANGLE ASSOC. h - N. MRann��z t t-RRi c K 4 . ej i ' R No 3A If J o� Av , �J CLJ A. 61A��� Ere¢lk YYlodera1ch SAr t b$ ylck�eo C.o. Y'nap ZOWIn of 'POIRZOLA UALLET Town Hall: 765 Portola Road, Portola Valley,CA 94028 Tel:(650)851-1700 Fax:(650)851-4677 R E C E I V D June 29,2004 Board of Directors Midpeninsula Regional Open Space District 330 Distel Circle Los Altos,California 94022 MIDPENINSULA REGIONAL OPEN Subject: Windy Hill Open Space Preserve SPACE DISTRICT Dear Board Members: Portola Valley submitted a letter to your board dated June 22, 2004 (copy enclosed), requesting that a service road/trail proposed to be closed by the District be instead retained for trail use only. The letter points out that the trail has been a part of the Town's General Plan since 1970. N nttt Hanko she asked if we knew more about the history of the trail. In a discussion with o e ry This question led us to pursue the history further. Our exploration uncovered quite a bit of new information. We set forth a summary of this information below. Aerial Photo of the Service Road/Trail Proposed to be Closed The section proposed to be abandoned is clearly visible on an aerial photograph dated 1948 in possession of the Town. Consequently,we know the"trail"is at least 56 years old. Report of Richard Anderson Richard Anderson, a member of our Trails and Paths Committee, is familiar with the road/trail He indicated that more than 15 years ago when working on trail planning, he hiked along the extension of the subject road/trail on the north side of Corte Madera Creek to Hamm's Gulch. He noted that there clearly partially was, and artiall still exists, a road that continued on this alignment well up into Hamm's Gulch. Portions of this route have now been eroded and/or overgrown. We feel confident,nfident therefore that there was an old road that started well up Hamm's Gulch, came to Corte Madera Creek and then followed the north side of the creek, and then continued on the alignment that is proposed to be closed. We have shown a portion of this diagrammatically on an enclosed map. Historic Record Nancy Lund, the Town Historian, in her letter dated June 29, 2004 (copy enclosed) provides m Gulch trail was used b earl residents, Her tin n how the Hamm's G c s s s e letter indicates information 0 Y Y that the late Town Historian, Dorothy Regnery, " ... believed this route probably followed an old Indian Trail." As noted by Ms. Lund, the route was used for hauling and later by Stanford University hikers. It appears quite logical that users of the trail/road would have come down to Corte Madera Creek and then stayed on the north side of the creek rather than crossing the creek. The north side is less steep and provides for relatively easy access. Also, the road discovered by Mr. Anderson stays on the north side of the creek. As one follows the creek, the first easy access to the floor of the valley would be through the natural swale through which the current road/trail passes. The user would then descend easily Midpeninsula Regional Open Space District,June 29,2004 Page 1 to the floor of the valley and the early stores, school and other destinations. It would have been a longer route and more difficult route to continue around the hill, to the east of the swale, and then into the valley. We surmise, therefore, that this route dates back at least to the 1860's based on Nancy Lund's information. Early Map Ms. Lund also supplied a copy of a map dated 1868 (copy enclosed) based on the original map in the Engineers office of San Mateo County. It is important to note that a road is shown leaving Corte Madera Creek in a location near the Kabcenell Driveway. This would appear to be a connection that would have also passed through the swale mentioned above. There would have been no point in climbing higher on the hill rather than taking the first convenient route to the valley floor. We have shown the first section of this trail by a dashed line on the enclosed map. Conclusion It is clear that the section of road/trail to be closed is at least 56 years old. It is very likely that it dates back to at least the 1860's, the time when the information submitted by Ms. Lund supports. It is also possible that it served as an Indian Trail,as noted by Dorothy Regnery. We again point out that this trail is very important to the Town and residents of The Sequoias. It serves as a close to level route for use by persons of all ages. The proposed replacement would not serve this function. Also, the trail on the existing alignment, has been on the Town plans for approximately 35 years. Finally, we now find that the history of the trail adds to the position of the Town that the trail should be retained. The town asks that your Board consider this information when it considers the Town's request. We urge the Board to retain the section in question for trail only use. Sincerely, Craig K. Breon Enclosures cc. L. Craig Britton,General Manager Town Council Nancy Lund,Town Historian I Midpeninsula Regional Open Space District,June 29,2004 Page 2 Jul-12-04 08:OOP P.02 [Addition to Agenda Item No. I I DIRK A. KABCENELL 557 Cresta Vista Lane Portole Valley, California 94028-7728 Judy 12, 2004 Board of Directors Midpeninsuia Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 I Members of the Board, I'm writing in reference to the July 14 agenda item, "Reconsideration of a Board-approved Use&Management Plan Amendment to close and realign lower Spring Ridge Trail at Windy Hill Open Space Preserve." I have an interest in this item as a Portola Valley resident, preserve user,environmentalist and the owner of an inholding in the Wady Hill Open Space Preserve. Although I'm aware that there are a number of issues to be considered when evaluating the request to reconsider approval, I'd like to comment on just two--safety of preserve users with respect to my driveway, and conservation of the environmental values of the sag pond area. Both of these considerations weigh in favor of reaffirming the previous Board action. Safety The driveway that passes through the area of interest leads to my home,which is under reed from the beginning that the blic I have a public wife and � construction. strict staff and my g � is best served by staying on trails and avoiding the driveway. There are points on the driveway that are somewhat narrow, resulting in a potential for conflict between preserve users and traffic. In addition, the driveway surface is compacted gravel, to comply with construction requirements for fire department access. It is not optimal for pedestrian traffic and can be somewhat slippery. While it Is not conceivably possible to enforce a prohibition on access to the driveway, even if it were desirable,the approved use and management plan has the advantage that it limits the driveway to two points, near the bridge and where Meadow Trail crosses. This access to Y Po arrangement wdi discourage use of the driveway by preserve visitors, and reduce the potential for problems. Conservation We have been told that the sag pond area is an unusual and environmentally sensitive area, and that the adjacent trail makes it difficult to protect,even if the trail were reduced in e would like to see this area protected. width from the current sire. W As we've come to loam during the planning of our home, conservation is a complex topic, and one person's definition may not be the same as anther's. Does it mean maintaining views, maintaining wildlife habitat. or restoration to the condition that existed on some date in the past?if wildMfe habitat Is the goal,which types of wildlife are most important?If the i Jul-12-04 08:OOP P.03 [Addition to Agenda Item No. 11 condition is to be restored,which date in the past is the target?All of these goals may be in conflict with each other. As I understand it, the District's mandate includes both management of the land's values for recreational access, and conservation of the land's values for their own sake. The District's Banc Policy uses the language"...provides for the use of the preserves consistent with resource protect."This dual purpose has led to carefuNy balanced management of resources such as(for example) Sausal Pond, where visitors will no longer be allowed to directly approach the water's edge. The sag pond seems to be a similar case in which conservation and access are in conflict, and where restrictions on access are needed to preserve the environmental values. I believe that these two factors, safety and conservation, are arguments for reaffirming the approval of the use and management plan.The arguments have not changed from the time of the original approval. I understand that these factors must be balanced against other ones, and on this I will defer to your judgment Thanks for taking the time to consider my comments. Regards, Dirk A. Kabcenell [Addition to Agenda Item No. 11 Dear Members of the MROSD Board of Directors, July 12, 2004 I am grateful that you are reconsidering the Plan Amendment to close and realign lower Spring Ridge Trail at Windy Hill Open Space Preserve. Many aspects of the new plan are excellent and very well advised and I believe, that with slight alterations it will be satisfactory to all participants. Proposed alteration#1 I propose that the Sequoia trail continue through to the Kabcenell's driveway at the level of the current 4 way intersection with tread realignment and restoration to decrease the track width to 4 feet and decrease environmental impact. Traffic would be limited to pedestrians and possibly equestrians. The Sequoia Trail should allow access to seniors to a quiet trail that is as level as possible. The proposed connection of the Sequoia Trail to the Spring Ridge Trail shortens the current loop and increases traffic conflict. There should be a quiet single-track trail to accommodate nature observation, equestrian and pedestrian, senior walkers and joggers in the lower part of the Windy Hill Open Space Preserve. Proposed alteration#2 A single-track trail should extend the Betsy Crowder Trail to the Meadow Trail. This trail should be accessible to bikers as well and should be open in winter. If you observe the traffic on Windy Hill, many bikers currently cut through from Spring Ridge to the Meadow Trail on a self-made trail and will continue to do so because of the difficulty of the full ascent. The extension of the Betsy Crowder trail at the foot of the rise to Meadow Trail would provide a loop with moderate elevation change and without use conflict. The extension of the Betsy Crowder Trail and the Sequoia Trail give a tranquil rural experience, which will circumvent conflict of use on the more heavily traveled dirt roads used by large groups,bikes, and maintenance vehicles. They will mitigate the loss of rural ambience, which has occurred, with the addition of the long private driveway with traffic and the shared bridge access to the open space from Willowbrook and will continue with the substantial movement of earth that this project entails. The current proposal decreases the length of both single-track trails and maintenance roads in the Windy Hill Open Space. I support the improvement of environmental impact and the decrease in length of maintenance roads but the recreational trails of the Preserve need to be significantly enhanced by the project so that they dominate the type of use the Preserve attracts- the quiet observation of nature. Thank you for your consideration, Mary Page Hufty MD 257 Mapache Dr Portola Valley, Ca 94028 Member PV Trail Committee Member PV Trails Association Board Member Woodside Trails Club i Regional Open Space R-04-67 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 04-15 CEEEBRA'1'ING 30 YFARS OF' OPEN s17A(�E PRFSE.EVAJ-10N July 14, 2004 AGENDA ITEM 2 AGENDA ITEM Proposed Addition of the Ball Property to Coal Creek Open Space Preserve (San Mateo County Assessor's Parcel 080-221-030) r' ACTING GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in this report. 2. Adopt the attached resolution authorizing purchase of the Ball property. 3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the property as an addition to the Coal Creek Open Space Preserve. 4. Indicate your intention to dedicate the property as public open space at this time. DESCRIPTION(see attached map) The 9.17-acre Ball property is located in the foothills above Portola Valley and near the intersection of Page Mill Road and Skyline Boulevard. The densely forested property borders Alpine Road, a popular hiking, equestrian and bicycling route that connects from Portola Valley to upper Page Mill Road. Characterized by steep hillsides and dense forest,the property forms part of the headwaters of the Corte Madera Creek watershed. This acquisition is most important in terms of protecting the scenic corridor along a popular trail route, and valuable watershed and wildlife habitat. The irregular-shaped property is bounded by District land to the west and south, and private property to the north and east. The northern boundary of the property follows the centerline of Alpine Road along a section of the road that is open to trail use but closed to public vehicular use. A second road, an unsurfaced driveway, borders the property to the south and is located on existing District land. It provides access from Page Mill Road to the eastern portion of Coal Creek Open Space Preserve. The rugged densely wooded property forms part of the headwaters of Corte Madera Creek that eventually flows into San Francisquito Creek. Steep north-facing slopes descend sharply down to gentle terraces on the south side of Alpine Road. A mixed evergreen forest comprised of Douglas fir,madrone and bay laurel are seen throughout the property. Two small drainages flow northerly towards Corte Madera Creek and are surrounded by an unusual undulating landscape that is one of the most interesting features of the property. Signs of heaving and cracking in the ground from past landslide activity is very evident and, in fact, documented in previous acquisition studies conducted by District staff in the early 1980's. In 1983, the District acquired the former Stallings property located adjacent to the Ball property to the south. At that time, a number of structures located on the Stallings property had suffered severe damage from a recent landslide and, as a result of the damage,the seller's insurance company had contracted for a geotechnical investigation. A subsequent report,prepared by Woodward-Clyde Consultants, described the Stallings property as being within a very large landslide which itself is within a larger area containing numerous landslides. The landslide on the former Stallings property had extended downslope into the Ball property. 33o Distel Circle 650-6gt-iaoo info@openspace.org BOARD DE DIRECTORS:Pete Siemens,Mary Davey,led Cyr, GENERAL.MANAGER: Los Altos CA 94022-1404 650-6gi-0485 fax www.openspace.org Deane tittle,Nonette Hanko,tarry Hassett Kenneth C.Nitz L.Craig Britton R-04-67 Page 2 i It appears that major landslides have not occurred for many years as there is no evidence of recent damage. Alpine Road, in the vicinity of the Ball property, was not impacted by the 1980 landslides and is generally in good condition, with the exception of needing drainage repairs. There are no improvements on private property located downslope and across Alpine Road. Since the Ball property is in a natural condition and there are no improved roads or trails other than the County's short segment of Alpine Road, no remediation for erosion and sedimentation problems originating on the property are needed. Alpine Road is a County maintained road and any remediation necessary to reduce erosion and sedimentation is the responsibility of the County. USE AND MANAGEMENT i Planning Considerations The property is located within the unincorporated area of San Mateo County and zoned RM(Resource Management). The property is comprised of one legal parcel and has a potential density of one residential site. Although slope stability problems may require drainage improvements for development of the property, access to the site from the upper end of Alpine Road would be very feasible as the road is stable and in good condition. i The District's Open Space Master Plan shows the property as highly rated for composite open space values. The 1998 Open Space Study shows an existing regional trail along Alpine Road. The property Yis within the Skyline Scenic Corridor and Alpine Road is a designated public trail in the San Mateo County Trails Plan as well as the San Mateo County Bikeways Plan. Once open as a public road,Alpine Road served as an important connecting route from Portola Valle to upper P p g Y pP Pa ge Mill Road and Skyline Boulevard. San Mateo County holds an easement over the portion of Alpine Road passing through the Ball property. In 1979,the Board of Supervisors closed this section of road during the summer months due to concern over fire danger and the road has never been reopened. San Mateo County Public Works Department has, on occasion, opened the road for emergency vehicular use,but large landslides and expensive repairs have prevented the road from being reopened for emergency purposes on a regular basis. Situated within the larger San Francisquito Creek Watershed that includes Corte Madera Creek, the property is within an area that is the subject of a water quality control plan that is regulated by the State Water Resources Control Board(SWRCB). The SWRCB lists the watershed as impaired by sediment based primarily on a decline in native fish populations. As a result,the State is developing total maximum daily loads(TMDL) for the watershed. The primary focus of the San Francisco TMDL is to identify physical, chemical, and biological factors influencing the decline of native fish populations. A sediment analysis has been prepared to determine the source and quantity of sediment inputs to the channel and to understand transport of sediment in the stream system. The TMDL identifies both natural sources of sedimentation and that which is human-related, eventually developing an implementation plan that will reduce to an acceptable level those sources of human- related sedimentation. In the case of the Ball property, sedimentation problems are limited to natural causes as there are no improvements on the property that can be considered a contributing factor. Therefore,no remediation will be required as part of the TMDL. Preliminary Use and Management Recommendations The Preliminary Use and Management Plan will take effect at the close of escrow and remain effective until the plan is amended or a Comprehensive Use and Management Plan is prepared. The property will be maintained in a natural condition and no changes to land use are anticipated. If changes to land use are proposed in the future, the plan would be subject to further environmental review and public input. Public Access: Closed to public use at this time, except that portion of Alpine Road that currently has public trail use. i I R-04-67 Page 3 Road Maintenance: Encourage San Mateo County Public Works Department to repair drainage problems along Alpine Road. Patrol: Routinely patrol the property. Signs: Install preserve boundary signs where appropriate. Name: Name the property as an addition to the Coal Creek Open Space Preserve. Dedication: Indicate your intention to dedicate the property as public open space at this time. Site Safety Inspection: Preliminary site safety inspection has been conducted and there are no signs of hazardous materials. CAA COMPLIANCE Project Description The project consists of the acquisition of a 9.17-acre property as an addition to the Coal Creek Open Space Preserve and the concurrent adoption of a Preliminary Use and Management Plan for the addition. Ultimately, the property will be included in the Comprehensive Use and Management Plan for the Coal Creek Open Space Preserve. The land will be permanently preserved as open space and maintained in a natural condition. CEQA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA(California Environmental Quality Act)under Sections 15316, 15317, 15325, and 15061 of the CEQA Guidelines as follows: Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural condition and the I management plan proposes to keep the area in a natural condition. The use and management plan specifies that the land will not be developed and will remain in a natural condition. Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area. I The District will acquire fee interest and maintain the open space character of the area. No new development is proposed as part of this project. I Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. This acquisition will transfer fee ownership of the property to the District and ensure it will be preserved as public open space by incorporating it into the Coal Creek Open Space Preserve. This acquisition qualifies under three sections. The actions proposed in the Preliminary Use and Management Plan are also exempt under section 15061, as there is no possibility the actions may have a significant effect on the environment. TERMS &CONDITIONS The 9.17-acre Ball property is being acquired at a purchase price of$500,000 and equates to approximately $54,525 per acre,but the value is based primarily on the fact that this property is a single residential building site. The property is being acquired on an all-cash basis at the close of escrow. The property is currently listed on the open real estate market at a sale price of$590,000. This property represents a single building site in San Mateo County with road frontage along the closed section of Alpine Road approximately one-quarter mile from the intersection of Page Mill Road. The purchase price is considered to represent fair market value for a single building site within the Skyline real estate market area. I, R-04-67 Page 4 BUDGET CONSIDERATIONS 2004-2005 Budget for Land Acquisition New Land $15,000,000 ) New Land Purchased this year ( 141,951) j Ball et. al. Acquisition proposed in this Agenda item ( 500,000) Acquisition Budget Remaining 14.358.049 Controller M. Foster has been consulted on this proposed acquisition and has indicated that,considering cash flow and availability, funds are available for the purchase of this property. This parcel has been identified as an important addition to the Coal Creek Open Space Preserve for regional trail connections, wildlife habitat, and scenic backdrop. PUBLIC NOTIFICATION Property owners of land located adjacent to or surrounding the subject property have been mailed written notices of this proposed acquisition. Prepared by: Del Woods, Senior Land Acquisition Planner Michael Williams,Real Property Manager Exhibit Prepared by: Matthew Sagues, Open Space Planning Technician Contact Person: Michael Williams, Real Property Manager I i i Proposed Ball Acquisition, Addition to Coal Creek OSP ! ..,. ... 1 it -- i y„Y' e 6"i } 5 I � 3 ' . O� ( � �Trancos.-- , OS P - - x c " �Arj9 °N Ball Property! fir!! fRoa� a s 9.17 acres 65 � w 4 'All, r . Monte Bello OSP Russian Ridge OSP '-4. 411 7-2 i y4� r c r-,o�aa:ewe creoxP,oPo�d w - �_ + e D 0.25 QS Miles Map Projection:UTM Zone 1 ON,NAD 27 RESOLUTION NO. 04- RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING OFFICER OR THE GENERAL MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT,AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (COAL CREEK OPEN SPACE PRESERVE-LANDS OF BALL, ET AL.) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between Gordon G. Ball and Ann L. Winship and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President, or appropriate officers,to execute the Agreement on behalf of the District. Section Two. The General Manager,President of the Board of Directors, or other appropriate officer is authorized to execute a Certificate of Acceptance for the Grant Deed on behalf of the District. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager is further authorized to execute an and all other documents in escrow g Y necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $5,000 to cover the cost of title insurance,escrow fees and other miscellaneous costs related to this transaction. Section Five. The General Manager and General Counsel are further authorized to approve any technical revisions to the attached Agreement and related documents that do not involve any material change to any term of the Agreement or documents as are necessary or appropriate to the closing or implementation of this transaction. Section Six. It is intended,reasonably expected, and hereby authorized that the District's general fund will be reimbursed in the amount of$500,000.00 from the proceeds of the next long-term District note issue. This Section of this Resolution is adopted by the Board of Directors of the Midpeninsula Regional Open Space District solely for purposes of establishing compliance with the requirements of Section 1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with the District's budgetary and financial circumstances. There are no funds or sources of monies of the District that have been, or are reasonably expected to be,reserved or allocated on a long-term basis, or otherwise set aside to pay the costs of this open space land-acquisition project which are to be paid or reimbursed out of proceeds of indebtedness to be issued by the District. The Board of Directors hereby declares the District's official intent to use proceeds of indebtedness to reimburse itself for this open space land acquisition project expenditure. Regional Open Sp,-,-e -------------------------- R-04-64 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 04-15 CEEEBRATIN(: 30 YEARS 01 OPEN SPACE PRESERVA110N July 14, 2004 AGENDA ITEM 3 AGENDA ITEM Authorization to Conduct a Controlled Bum at Russian Ridge Open Space Preserve ACTING GENERAL MANAGER'S RECOMMENDATION Authorize the General Manager to prepare for and conduct a controlled bum at Russian Ridge Open Space Preserve. DISCUSSION A three-year agreement currently exists with the California Department of Forestry (CDF) to conduct controlled bums at Russian Ridge as an ongoing part of the Grassland Management Implementation Plan (see Report R-01-64). Authorization is being sought to conduct a controlled bum with CDF under the conditions of this agreement. The District has conducted three controlled bums with the assistance of CDF at the Russian Ridge Open Space Preserve. The bums were conducted in the following years: 1998 (80 acres), 1999 (140 acres), and 2002 (65 acres). The primary purpose of the proposed controlled bum is to reintroduce fire to the grassland ecosystem and to control non-native invasive plants such as yellow star thistle and other thistles. The controlled bum proposed for this year will address large areas of Harding grass which has taken over large areas of the northern portion of the preserve. After the bum District staff is ready to control the re-sprouts of Harding grass to prevent it from re-colonizing the preserve. Controlling these invasive plants is essential to restoring the preserve to native grasses and wildflowers. Adjacent residents have expressed concerns about the invasive plants. Other purposes of the controlled bum are to create a fire-safe condition by burning off woody shrubs and underlying dry thatch. The bum also provides an excellent opportunity for District staff to obtain additional live-fire training, under controlled circumstances. District staff will also have the opportunity to work in an incident command environment, which is the management structure used in emergency response situations. PROJECT DESCRIPTION CDF will be the lead agency for the project and has prepared the bum plan and CEQA compliance documents. It will also obtain all permits, provide personnel and equipment to conduct the bum, and assume liability for the bum. 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 Littie,Nonette Hanko,Larry Hassett,Kenneth C.Nitz L.Craig Britton R-04-64 Page 2 The District will help prepare the site, provide staff to help conduct and monitor the burn, arrange traffic control along Skyline Boulevard while the burn is in progress, and provide public notification and media outreach. The proposed burn will be contained by existing roads, disc lines and trails. Sensitive areas will be protected from impact during the burn. District staff proposes burning the northeast part of the preserve that is bordered on the northeast by the disc line and Skyline Boulevard, and on the southwest by Alder Springs Trail, which also functions as a patrol road (see attached map). Black lining and other burn preparations are proposed for one day during the week of July 12— 16, with the first possible date for the actual burn being July 22. The burn will only occur if all necessary resources are available, and if weather conditions are within the prescribed limits. Experience has shown that the burn may be re-scheduled a number of times to ensure full compliance with all safety requirements. NOTIFICATION Neighbors of the Russian Ridge Open Space Preserve, and those who have expressed a specific interest in being informed of preserve-related events have been sent copies of this report. In addition, the Public Affairs Department will be notifying the media prior to the burn. CEQA COMPLIANCE The California Department of Forestry and Fire Protection will act as the lead agency for this project and will prepare the CEQA documentation. Prepared by: Gordon Baillie, Management Analyst Cindy Roessler, Resource Management Specialist Contact person: Gordon Baillie, Management Analyst Attachment: Burn Area Map I c osc area • vi �� tYf n 6; 200o _�•� 3 �r`yes 0.3 Tamil . C�0.4 0.7 y '1 0.2 � 1800......... .rJ� ry N (RR06) . 1800 J ' (cc02) Pi 2200 .2 iplg a1 i . t600 \ 1 P f (RR05) 0.5 OS SJs 0.6 1'' 24 Vista Point tgad rail 1) � 0.4 0 2000 J � '�s.� Meado �c� -�0.2 P i 0.3 0.5 Ldra zzoo (MBoa>MONTE .__ 0.3 (MB05) B"ELLO PRESCRIBED Borel OPEN ., --� on _`BURN AREA 2572' 0.3 SPACE _. 0.3 ~ (ccol) PRESERVE RUSSIAN R1DGE aid$e r' OPEN-SPACE eIra - ' zaoo0. a 0.5 PRESERVE �.a4O o.s 0.3 1600 ... �oo b zzoo� pricient� `. d�'T, 0.3 Alpine Ro 240 t- �aa 2000 dv (SRO) 0.2 0.1 1800 1.0 \ J .y+ "AR05) � 1.0 t`' � 0.2 � • i �f M'ddego SKYLINE,'RIDGE Alp i e R;0'd'e lsoo OPEN SPACE ( Po . Arai/ PRESERVE/ ''`' Regional Open . ce R-04-69 MIDPENINSUW REGIONAL OPEN SPACE DISTRICT Meeting 04-15 July 14, 2004 AGENDA ITEM 4 AGENDA ITEM Presentation of the proposed creative design for the District's Web Site by Yellowduckdesign, Inc. ACTING GENERAL MANAGER'S RECOMMENDATIONzp_ � "o-0, we the creative design proposed by Yellowduckdesign, Inc. DISCUSSION At the May 26, 2004 meeting, the Board authorized the District to contract with Yellowduckdesign, Inc. to redesign the District's web site (See Board Report R-04-50). Over the past month, the consultants evaluated the current site structure, assessed our current"user's behavior"while visiting the web site, and proposed a new site structure. The new site structure incorporates additional functional elements as suggested by District staff and the Board and will better guide our primary user group—the "outdoor enthusiast"—to find their desired information on the site. Using that site structure to establish the organizational framework for the site redesign, the consultants then developed two creative design directions. District staff reviewed these two proposals and reached agreement on one design. The new design proposal is more aesthetically pleasing, enhances user-friendliness, such as easy navigation to preserve information, and highlights the beauty of the land we preserve, protect and restore. The site will also utilize the District's pre-existing color schemes and logo so as to be consistent with our current print material (i.e. District stationery and the Open Space Views newsletter). Finally, the new design features vibrant images and graphic elements so as to engage and educate the user while providing them with pertinent information such as trail each reserve an d seasonal highlights. These conditions, the types of activities allowed on p images, taken from the District's extensive photo library, reflect the experience one may have while visiting our lands. With your approval of this design direction, the consultants will move forward with the new site production. Prepared by: Michelle Jesperson, Management Analyst Contact person: Same as above. 330 Distel Circle • Los Altos,CA 94022-1404 • Phone: 650-691-1200 Fax:650-691-0485 • E-mail: mrosd@openspace.org • web site:www.openspace.org OF«Es. Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr,Deane Little,Nonette Hanko,Larry Hassett, Kenneth C.Nitz • General Manager:L.Craig Britton Regional Open ! ice R-04-69 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 04-15 July 14, 2004 AGENDA ITEM 4 AGENDA ITEM Presentation of the proposed creative design for the District's Web Site by Yellowduckdesign, Inc. ACTING GENERAL MANAGER'S RECOMMENDATION Approve the creative design proposed by Yellowduckdesign, Inc. DISCUSSION At the May 26, 2004 meeting, the Board authorized the District to contract with Yellowduckdesign, Inc. to redesign the District's web site (See Board Report R-04-50). Over the past month, the consultants evaluated the current site structure, assessed our current"user's behavior" while visiting the web site, and proposed a new site structure. The new site structure incorporates additional functional elements as suggested by District staff and the Board and will better guide our primary user group—the "outdoor enthusiast"—to find their desired information on the site. Using that site structure to establish the organizational framework for the site redesign, the consultants then developed two creative design directions. District staff reviewed these two proposals and reached agreement on one design. The new design proposal is more aesthetically pleasing, enhances user-friendliness, such as easy navigation to preserve information, and highlights the beauty of the land we preserve, protect and restore. The site will also utilize the District's pre-existing color schemes and logo so as to be consistent with our current print material (i.e. District stationery and the Open Space Views newsletter). Finally, the new design features vibrant images and graphic elements so as to engage and educate the user while providing them with pertinent information such as trail conditions, the types of activities allowed on each preserve, and seasonal highlights. These images, taken from the District's extensive photo library, reflect the experience one may have while visiting our lands. With your approval of this design direction,the consultants will move forward with the new site production. Prepared by: Michelle ,Jes erson Management Analyst p g Contact person: Same as above. 2 3 i Circle Los Altos, A 94)22-14�4 Phone:650-691 1�00 3ODstelC ce s t C ( e Fax:650 691 0485 • Email: mrosdQopenspace.ort • Web site:www.openspace.org «' OFAEEs' Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr, Deane Little,Nonertte Hanko,Larry Nasseti, Kenneth C. Nitz - General Manager:L.Craig Britton Regional Open Sp...,.ze R-04-65 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 04-15 CEI.EBRA-1-ING 30 YEARS OF' OPEN SPACE PRESERVAI-ION July 14, 2004 AGENDA ITEM 5 AGENDA ITEM Acceptance of Trail Easements and an Emergency Access Easement over McCarthy Property as an addition to St. Joseph's Hill Open Space Preserve (Santa Clara County Assessor's Parcel Numbers 537-05-014 and 537-05-015), and Acceptance of Quit Claim for a Roadway and Parking Lot Easement Right on St. Joseph's Hill Open Space Preserve. ACTING GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set out in this report. 2. Adopt the attached Resolution authorizing acceptance of the trail easements and an emergency access easement over the McCarthy property, as an addition to the St. Joseph's Hill Open Space Preserve, and acceptance of a quit claim deed for the roadway and parking lot easement right on St. Joseph's Hill Open Space Preserve. 3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the traits as an addition to the St. Joseph's Hill Open Space Preserve. 4. Indicate your intention to withhold dedication of the trail easements as public trails at this time. DESCRIPTION (see attached map ) The District is being offered two trail easements and an emergency access easement adjacent to the St. Joseph's Hill Open Space Preserve. The trail easements represent potential regional trail connections between the St. Joseph's Hill and Sierra Azul Open Space Preserves. In 1998, the McCarthy Land Company purchased the former Guadalupe College site in the foothills above Los Gatos and at the end of Foster Road. The property owner proposed a new residential development for the site consisting of six residential lots. As a condition of development, the Town of Los Gatos required the southernmost portion of the property, approximately 20 acres,be protected by open space easements. These easements will be granted to the Town of Los Gatos. In addition, trail easements that provide the opportunity to develop public trails through the open space easement, are to be granted to the District. 33o Distel Circle 650-691-12oo 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 R-04-65 Page 2 The open space and trail easements are situated adjacent to St. Joseph's Hill Open Space Preserve, at the Preserves eastern boundary. To the west and south the easement area is bounded by District and County lands; private property lies to the east. The Town's open space easement includes both an approximately 4-acre upper area where vineyards are permitted and an approximately 20-acre lower area that is required to remain in a natural condition. The District's trail easements are located in the lower area and will not be impacted by agricultural activities associated with the vineyard. The undisturbed portion of the open space easement area provides excellent wildlife habitat and a corridor between the St. Joseph's Hill Open Space Preserve and other park and open space lands lying to the southeast. The landscape is characterized by a densely wooded south-facing slope that descends steeply down from the vineyard area to Limekiln Creek. The upper portion of the open space easement provides scenic views of the hillsides to the east, and the wooded hillside backdrop of the Kennedy-Limekiln area of Sierra Azul Open Space Preserve to the south. Likewise, the open space easement is highly visible from public trails located on the south side of Limekiln Creek in the Sierra Azul Open Space Preserve. Conceptually, the District's trail easements will provide for public trail connections between the existing Manzanita Trail, located near the top of St. Joseph's Hill, and a possible future trail lying directly to the east as well as a second trail that will descend the steep slope to Limekiln Creek and eventually connect to the Limekiln Trail. The easement agreement provides for a five- year period in which the District is required to designate a permanent alignment and record the surveyed alignment of the two trails. In addition to the open space and trail easements, the District is being offered an emergency vehicle access easement across private property from the end of Foster Road to the future trails. The emergency easement is on an existing road that will intersect with the new trails. The road continues down the steep south-facing slope to an area where a spring water recovery system is located that includes c udes a water tank. Due to the steepness and roughness of the road, the trail easements will n utilize of utt ze the existing road, except for potential crossings. p g The fo rmer Guadalupe College site includes an appurtenant easement for aroadw ay and parking lot right on St. Joseph's Hill Open Space Preserve. Improvements for this roadway and parking lot have never been built. As a further condition of approval from the Town of Los Gatos, McCarthy Land Company must relinquish this easement by a quit claim deed to the District. USE AND MANAGEMENT PLAN Planning Considerations The property is located within the Town of Los Gatos and zoned HR-2 1/2PD (Hillside Residential). The overall parcel that includes the open space and trail easements is approved for one residential site. The Town of Los Gatos has required public trails as a condition of development approval for this site. i i II i R-04-65 Page 3 I Use and Management Recommendations The trail easements will be maintained as public trails. The surrounding open space easement will be maintained in a natural condition, with the exception of water system improvements that are permitted. No other structures or additional improvements can be constructed near the trail easements. Public Access: Public access is prohibited in the open space easement area until trails are aligned and constructed; trails must be aligned and surveyed within five years. Construction may occur any time thereafter. Easement Monitoring: Following trail construction, annual trail easement monitoring and reporting will be performed by the District, most probably by District volunteers. The District may perform the annual monitoring and reporting of the open space easements on behalf of the Town if requested to do so. i Dedication: Indicate your intention to withhold dedicating the trail easements as public open space easement at this time. Name: Name the trail easements as an addition to the St. Joseph's Hill Open Space Preserve. CEQA COMPLIANCE Project Description The project consists of the acquisition of an easement interest in two public trails and an emergency vehicle access easement, together with concurrent adoption of a Preliminary Use and Management Plan for the trail easements. Future development of the trail would be subject to j further environmental review. CEQA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA (the California Environmental Quality Act) under Article 19, Section 15317 as follows: Section 15317 exempts the acceptance of easements in order to maintain the open space character of an area. This acquisition will transfer an easement interest in the property to the District and ensure that the open space character of the property will be preserved. The actions proposed in the Preliminary Use and Management Plan are also exempt under Article 5, Section 15061(b)(3), as there is no possibility the actions will have a significant effect on the environment. TERMS & CONDITIONS The trail and access easement interests, and the roadway and parking lot quit claim deed, are being granted to the District at no cost. The trail and access easements will remain on the R-04-65 Page 4 property in the event of property ownership transfer. The easements will become effective upon full execution and recording of the easement document. The District will be responsible for surveying the trail, trail construction and maintenance. PUBLIC NOTIFICATION Other property owners in the area have been mailed written notices of this proposed acquisition. Prepared by: Thomas W. Fischer, Land Protection Specialist Exhibit Prepared by: Matt Sagues, Open Space Planning Technician Contact Person: Same as above McCarthy Trails and Emergency Access Easements �Llt3�-, GafoS t 17 Existing Open Space I t Easement / McCarthy Vineyard Heights , Development x r t 0`, _ District Emergency -- Foster Rd Access Easement I c Man7 Town Open Space �` Easements � meyard St, Area _ District Trail Easements Joseph s Hill Open Space ' \, I o Preserve , if ekiln C a Yon 4 r ; I _ Rock 0 Sierra Azul 0 i Priest Open S066e o Preserve x 0 0 Lexington Reservoir t County Park 0 C 25 0 5 GAProjects\St Josephs_Hill\McCarthy_Easements\McCarthy_Easements_0604 ms I Miles I MapPro,e-t,on Location Map UTM,Zone 1 ON NAD 27 I RESOLUTION RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF THE GRANT OF EASEMENTS AND QUIT CLAIM, AUTHORIZING OFFICER OR GENERAL MANAGER TO EXECUTE A CERTIFICATE j OF ACCEPTANCE OF GRANT AND QUIT CLAIM TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION(ST. JOSEPH'S HILL OPEN SPACE PRESERVE- LANDS OF MCCARTHY) The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby accept the Grant Deed of Open Space Easements between McCarthy Land Co. LLC, a California Limited liability company and the Midpeninsula Regional Open Space District, a copy of which is attached hereto as Exhibit "A" and by reference made a part hereof, and authorizes the President or appropriate officers to execute the deed on behalf of the District. Section Two. The General Manager, President of the Board of Directors or other appropriate officer is authorized to execute Certificates of Acceptance for the Grant Deed of Open Space Easements, and the Quit Claim Deed, a copy of which is attached hereto as Exhibit"B" and by reference made a part hereof, on behalf of the District. Section Three. The General Manager of the District shall cause to be given appropriate notice of g acceptance to the grantor. The General Manager is further authorized to execute any and all other documents necessary or appropriate to the closing of the transaction. Section Four. The General Manager and General Counsel are further authorized to approve an g pp Y i revisions to the attached Grant Deed, Quit Claim Deed and documents which do not involve any material change to any term of the Grant Deed, Quit Claim Deed or documents, which are necessary or appropriate to the closing or implementation of this transaction. EXHIBIT A„_._„ RECORDING REQUESTED BY AND WHEN RECORDED MAIL, TO: Town of Los Gatos 110 E. Main Street Los Gatos, CA 95031 Attn: Town Attorney GRANT DEED OF OPEN SPACE EASEMENTS WHEREAS, MCCARTHY LAND CO. LLC, a California limited liability company, hereinafter called"Grantor", is the owner of all of that certain real property located in the Town of Los Gatos, County of Santa Clara, State of California more particularly described on that certain tract map (the "Parcel Map"and the"Map"),more particularly described in the exhibit attached hereto as "Exhibit 1" and incorporated by this reference(the "Real Property"); and WHEREAS, MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a California special district, hereinafter called "District,"was formed by voter initiative, pursuant to California Public Resources Code §5500, et seq.,to solicit,receive, and hold conveyances of real property and interests therein acquired by purchase, exchange, gift, or bargain purchase for public recreation, scenic, and open space purposes; and WHEREAS, Grantor desires to convey an easement to the Town of Los Gatos, a municipal corporation("Town"), over Parcel A and a portion of Lot 5 as the same are shown on the Map (the"Town's Open Space Easement"), for the purposes specified in California Civil Code Section 815.1 ("Open Space Easements"); and WHEREAS, the Town desires to obtain the Open Space Easement to preserve and protect in perpetuity for the natural scenic and open space values of said easement property(the "O pen en Space Easement Property"), as hereinafter more particularly described; and WHEREAS, District desires to obtain and Grantor to convey, easements for two public trails over Parcel A (the "District's Trails"; "Trail I"; "Trail 2" and jointly, the"Trail Easements") and an Emergency Access Easement permitting the District emergency access to and from Parcel A over Lot 5, the private road and driveway(the"Private Driveway") on Lot 5 accessing Foster Road and over Parcel A to Trail 1, all as shown on the Map (the"District's Easements"); NOW, THEREFORE, in consideration of the above recitals, and the mutual covenants, terms, conditions, and restrictions contained herein, and pursuant to Sections 815 and 816 of the California Civil Code, the parties agree as set forth in this agreement (the"Agreement" and the "Grant"). FERRARI:65461.113 7/9/04 Page 1 I 1. RECITALS TRUE AND CORRECT. The above Recitals are true and correct and are incorporated herein by this reference. 2. GRANT OF EASEMENTS. A Town Gr ant.ant. Grantor o ants to T( ) grants own in perpetuity, the Town's Open Space Ease ment, all as describe d herein and shown on the Parcel Map. (B) District's Grant. Subject to the provisions of Paragraph 4(B) hereof, Grantor grants to District in perpetuity, the District's Easements, all as described herein and shown on the Parcel Map. 3. TITLE LIMITATIONS OF GRANTS. These grants are subject to: (a) all matters which would be disclosed in an ALTA survey; and b all liens encumbrances easements,, covenants, conditions and restrictions of record. 4. THE EASEMENTS. (A) Town's Easements. The Town's Open Space Easement is located on Parcel A and a portion of Lot 5 (the"Vineyard Area"), as shown on the Parcel Map. Except as otherwise provided herein, the Town's Easement does not include a right of access. (B) District's Easements and Time Limitation. The District's Easements are for the Trails, the Trail Corridor, as described below, and an Emergency Access Easement to and from Trail 1, to, from and along the Private Driveway to Foster Road as shown on the Map. The Trails shall be located in and be part of the Open Space Easement Property. The District shall have five(5)years from the recordation date hereof in which to select, survey and provide Grantor with legal descriptions of the Trails and the Trail Corridor, whereupon Grantor shall record a modification hereto executed by Grantor and District, specifying such legal descriptions and granting the easements relating thereto. Should District fail to timely provide such legal descriptions, the District's rights hereunder shall lapse and terminate and District shall promptly execute and record a quit claim deed as to any and all rights it may have in the Open Space Easement Property and the Emergency Access Easement. (C) Trails Location. The location of the Trails shall be limited as follows: W Both Trails shall commence at the same point at the westerly line of Parcel A within the area shown on the Map for such commencement at the selection of the District(the "Commencement Point"). (ii) Trail 1 shall terminate at the point on the easterly line of Parcel A as shown on the Map and labeled"End of MROSD Trail 1". FERRAR1:65461.113 719/04 Page 2 (iii) Trail 2 shall run southerly from the Commencement Point as part of Trail 1. At a point selected by the District, Trail 2 shall leave Trail 1 and run to and terminate at a location on the southerly line of Parcel A as selected by the District. (iv) Neither Trail shall be within 25 feet of a property line of Lot 5 nor within 100 feet of the springs and adjacent water tank improvements located on Parcel A as shown on the Map. (v) Each Trail shall be for a six (6) foot wide dirt trail with a six (6) foot wide buffer space for trail construction and maintenance on either side. Trail 1 shall be located within a 50' trail corridor(the"Trail Corridor"). The Trail may be moved within the Trail Corridor as the District shall reasonably determine from time to time. (D) Grantor's Retained Rights Grantor shall retain all rights as to Parcel A and the Vineyard Easement Area except as is inconsistent with this Grant, including those rights provided herein below and in Paragraph 10. Grantor shall have the right to (i)keep,maintain, repair, replace and use such water tanks, piping, wells, ground water, surface water and water system equipment as now exist or may hereafter become desirable for the benefit of Parcel A, Lot 5 and/or the Foster Road Vineyard Heights Mutual Water Company, its successors and assigns (the "Water Company") for supplying water to Lots 1-6 of the Real Property(the"Subdivision"); and (ii) The fee owner of Lot 5 (the"Lot 5 Owner") shall have the right to use the Vineyard Area of Lot 5 for agricultural purposes including,without limitation, the planting, tending, irrigating and harvesting of grapes. The Lot 5 Owner may fence along the common boundary between Parcel A and Lot 5 or otherwise on Lot 5,to restrict public and animal access pursuant to the conditions of approval for the Architecture and Site Approval application for the Real Property on file in the Community Development Department of the Town. The Lot 5 Owner shall be entitled to recover any and all surface water and groundwater, including the right to use, maintain, repair and replace existing water wells and to construct and install new water wells,pumps, tanks and related equipment. For a period of five (5) years from the date of recordation hererof, the Water Company shall have the right but not the obligation, to construct, maintain, repair and replace a water reservoir("Reservoir")on such portion of Lot 5 as is shown on the Parcel Map and any appurtenances to the Reservoir including without limitation, water pipes and pumps. Should Water Company not elect to construct a reservoir within said five(5) year period, this right shall lapse and terminate. 5. GENERAL PURPOSE. The purpose of the Town's Open Space Easement is to assure that the portions of the Real Property subject to the Open Space Easements (the "Open Space Easement Property") will be retained in perpetuity in their natural, historical, agricultural, forested, scenic and open space condition and, except as otherwise provided herein, to prevent any use of the Open Space Easement Property that would significantly impair or interfere with their open space values. Accordingly, this Open Space Easement restricts the use of the Open Space Easement Property to activities involving enjoyment of views, open space, natural habitat, FERRARI:65461.113 7/9l04 Page 3 I agricultural, water recovery, environmental protection, and related uses and as more specifically provided herein. 6. RIGHTS OF TOWN AND DISTRICT. To accomplish the purposes of the Open Space Easements, and subject to the terms and conditions hereof, Grantor conveys to Town and District the right: (a) To preserve and protect the open space values of: (i) as to the Town, the Open Space Easement Property and (ii) as to the District, the Trails, Trail Corridor and the Emergency Access Easement on Parcel A. (b) To enter upon the Open Space Easement Property at reasonable times in order to monitor Grantor's compliance with the terms hereof and to enforce such terms; provided, that such entry shall be without damage to the Open Space Easement Property and only upon reasonable prior written notice to Grantor or its successors in interest in the Open Space Easement Property. (c) Pursuant to Paragraph 11 hereof("Disputes and Remedies"), to prevent any activity on or use of the Open Space Easement Property as to the Town and the Trails, Trail Corridor and Emergency Access Easement, as to the District, which is inconsistent with the purposes of these Open Space Easements and to require the restoration of such area or features of the Open Space Easement Property that may be damaged by any inconsistent activity or use. 7. PROHIBITED USES. Any activity on or use of the Open Space Easement Property by Grantor, Town or District which is inconsistent with the provisions of these Easements is prohibited. Without limiting the generality of the foregoing (but subject to the exceptions herein otherwise specifically set forth), the following activities and uses are expressly prohibited as to the Open Space Easement Property: (a) Subdivision. The further legal or de facto subdivision for any purposes except that lot line adjustments of less than two thousand (2,000) square feet may be made but only with the Town's consent. The term"subdivision" shall include,but not be limited to, the creation of a life or fixture estate in a portion of the Open Space Easement Property, the conveyance of a portion of the Open Space Easement Property, or any subdivision as defined by the Subdivision Map Act, California Government Code Section 66000 et seq. (b) Commercial or Industrial Use. Any commercial or industrial development, use of, or activity on the Open Space Easement Property is expressly prohibited. c Building. Except as may be shown on the Parcel Ma and/or as otherwise provide d .g p Y p p herein, the placement or construction of any buildings, structures or other improvements of any kind (including without limitation, roads, signs and parking lots) is prohibited. (d) Soil Erosion or Degradation. Any use of or activity on the Open Space Easement Property which causes, ses or is likely to cause significant soil degradation or erosion or significan t pollution of any surface or subsurface waters is prohibited. This prohibition shall not apply to FERRARI:65461.111 ?/9104 Page 4 the use of agrichemicals, such as fertilizers, pesticides, herbicides, and fungicides which are used in accordance with law and USDA regulations, manufacturer's directions and the County Agriculture Commissioner's regulations or those of their successors. (e) Tree Cutting. Except as to the Vineyard Area property, the cutting down, or other removal of live trees, unless required for safety or fire protection and subject to the prior written approval of the District, the Town or the relevant fire department, which approval shall not be unreasonably withheld or delayed. (f) Dumping. The dumping or other disposal of wastes, refuse, or debris on the Real Property. (g) New Utilities. Except for agricultural purposes and as may be required by the Water Company, the installation of new utility systems or extensions of existing utility systems, including, without limitation, water, sewer, power, fuel, and communication lines and related facilities. (h) Mineral Rights. The exploration for, or development and extraction of, minerals and hydrocarbons by any mining method. (i) Grazing. The grazing of livestock. 0) Off Road Vehicles. The recreational use of off-road or all-terrain vehicles or motorcycles. (k) Hunting or Shooting. Hunting or trapping of wildlife, or shooting of guns or otherwise discharging projectiles. (1) Noise Limits. No activities such as concerts shall be permitted which produce noise levels in excess of 65 decibels as measured on trails upon or surrounding the Open Space Easement Property. Agricultural and landscaping equipment such as tractors, chainsaws, and leaf blowers are specifically excluded from this provision. (m)Junk Yards. Storage or disassembly of inoperable automobiles and trucks for purposes of sale or rental of space for that purpose. (n) Excavation. Material alteration of land forms by grading or excavation of topsoil, earth, or rock except to the extent permitted by the Town for agricultural and/or water use purposes. (o) Scenic and Natural Character. Except as to agricultural activities on the Vineyard Area Easement property, activities such as clearing, stripping of native vegetation, grading, or storage of materials that would clearly degrade the scenic and natural character of the Real Property. FERRARI:65461.113 7/9/04 Page 5 (p) Archeological Resources. The excavation, removal, destruction, or sale of any archeological artifacts or remains found on the Open Space Easement as P except,Pro ert art of Property, P an archeological investigation approved or required by Town. All excavation plans shall be reviewed by an archeologist prior to the start of, and during,the excavation. 8. MINERAL RIGHTS. Grantor covenants that it will not use its mineral rights on the Open Space Easement Property in any way that would adversely affect its agricultural, ecological,conservation, or scenic uses. 9. DEVELOPMENT RIGHTS. Any future development rights or density credits associated with the Open Space Easement Property are hereby conveyed by Grantor to Town and shall not be applied to or utilized by Town for further development. No density credits may be transferred by Grantor from the Open Space Easement Property to any other property. 10. PERMITTED USES. The Grantor may use the Open Space Easement Property for any purpose not prohibited by Paragraph 7 and which is consistent with the purpose of these Open Space Easements. Notwithstanding anything to the contrary in this Agreement, the uses set forth in Paragraph 4(C) and the following uses and practices, though not exhaustive recitals of consistent uses, are consistent with the purpose and intent of these Open Space Easements and may be conducted by Grantor, and Water Company as to subparagraph (e) below, without the approval of Town and/or District: (a) The development and operation of a vineyard on the Vineyard Area including, as needed, the removal or trimming of trees and vegetation, the construction of agricultural-related structures (such as fences and water lines) and the grading, movement and/or use of topsoil in connection therewith. (b) Reasonable measures necessary and appropriate for fire safety and erosion control as approved by the local fire department. (c) The removal of exotic non-native invasive vegetation and the restoration of the area with native vegetation. (d) Road maintenance for year-round unsurfaced vehicle access to be used to service the Water System (as defined in subsection (e) below). In the event any one or more surveys are necessary for Grantor's use, such surveys shall be conducted by and paid for by Grantor. (e) The access, use, development, and maintenance of the natural water springs and other groundwater, the maintenance of water lines,pump tanks, the reservoir and related improvements in connection therewith (collectively, the "Water System"), the removal of water from and/or across the Open Space Easement Property for the benefit of the Real Property, and the performance of maintenance and repair of the Water System. 11. DISPUTES AND REMEDIES. If any party, their successors in interest, or any occupant of the Real Property is conducting or allowing a use, activity, or condition on the Open Space Easement Property which is prohibited by the terms of this Grant, or if such a violation is FERRARI:65461.113 7/9/04 Page 6 . ................ . threatened, either party may give written notice to the other party of such violation or threat of violation and, request preventive or corrective action sufficient to prevent or cure the violation, and, if applicable, where the violation involves injury to the Open Space Easement Property resulting from any use or activity inconsistent with the purposes of this Open Space Easement, to restore the portion of such property so injured. (a) Consultations Regarding Interpretation and Enforcement of Open Space Easement. When any disagreement, conflict, need for interpretation, or need for enforcement arises between the parties to these Open Space Easements, each party shall first consult with the other party in good faith about the issue and attempt to resolve the issue without resorting to legal action. (b) Notice of Violation,• Corrective Action. If either party determines that a violation of the terms of these Open Space Easements has occurred or is threatened, such party shall give written notice to the other of such violation or potential violation party p and request corrective action sufficient to prevent or cure the violation and, where the violation involves injury to the Property resulting from any use or activity inconsistent with the purpose of this Open Space Easement, to request restoration of the portion of the Open Space Easement Property so injured to its prior condition. Such written notice is not required in the event of any actual or imminent physical harm to the property. (c) Injunctive Relief. If a defaulting party fails to cure the violation within thirty (30) days after receipt of notice thereof, or under circumstances where the violation cannot reasonably be cured within a thirty(30) day period, fails to begin curing such violation within the thirty(30) day period, or fails to continue curing such violation until finally cured, the non-defaulting party may bring an action at law or in equity in a court of competent jurisdiction which seeks to enforce the terms of this Grant, to enjoin the violation, by temporary or permanent injunction, and seek to require the restoration of the Open Space Easement Property to the condition that existed prior to any such injury. (d) Damages. Either party shall be entitled to recover damages for violation of the terms of this Grant or the interest protected thereby. (e) Forbearance. Enforcement of the terms of this Grant shall be at the discretion of the non-defaulting party, and any forbearance thereof to exercise rights hereunder in the event of any breach of any term hereof shall not be deemed or construed to be a wavier by the non-defaulting party of such term or of any subsequent breach of the same or any other term of this Grant or of any of the non-defaulting party's rights hereunder. No delay or omission by Grantor, District or Town in the exercise of any right or remedy upon any breach by the other party shall impair such right or remedy or be construed as a waiver. (f) Acts Beyond the Grantor's Control. Nothing contained herein shall be construed to entitle Town to bring any action against Grantor for any injury to or change in the Open Space Easement Property resulting from causes not involving any affirmative acts by Grantor, or causes beyond Grantor's control, including without limitation, trespassers, fire, flood, storm, and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, FERRARI:65461.113 7/9/04 Page 7 abate, or mitigate significant injury to the Open Space Easement Property resulting from such causes. (g) Attorneys' Fees. If either party hereto incurs any expense, including reasonable attorneys' fees, in connection with an action or proceeding instituted by reason of any violation, breach, default, or alleged default of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover from the other party reasonable expenses and attorneys' fees in the amount determined by the court. 12. ACCESS. No right of access to any portion of the Open Space Easement Property is conveyed or granted by this Grant, except as to the Trails and the Emergency Access Easement if, as and when the same are timely described by the District and granted by Grantor as provided in Paragraph 4(B). 13. TRAILS: CORRIDOR EASEMENT. Grantor's conveyance to the District of the Trails and the Trail Corridor shall be as Open Space Easements, within and part of the Open Space Easement Property for the use by the District, its directors, agents, and employees for patrol and maintenance purposes and for public recreation. District shall have no right to restrict Grantor's use of the Trails for non-vehicular access. The Trail Corridor may occupy a portion of the existing road serving or which will serve the Water System as the same may fall within the Trail Corridor. The Trail Corridor shall be no more than fifty (50) feet in width, the Trails thereon, i.e., Trail 1 and Trail 2, shall each be no more than six (6) feet in width with a buffer of six (6) feet on either side for construction and maintenance thereof. The Trails shall be constructed by District in accordance with the objectives of optimum trail alignment, maximum environmental protection and minimum aesthetic and ecological disturbance. In using, maintaining and constructing the Trails, District shall take such steps as are necessary to provide for safety in accordance with applicable laws. The Trails shall be constructed and maintained by the District at its own expense. In using the Emergency Access Easement, District shall take all reasonable precautions and do so safely. 14. COSTS AND RESPONSIBILITIES. (a) Except as to the Trails and the Trail Corridor, Grantor shall be responsible for the ownership, liability, operation, upkeep, and maintenance of the Open Space Easement Property. Grantor shall be responsible for, indemnify, and save harmless Town and District, their directors, agents, and employees from any and all liabilities, claims, demands, damages, or costs resulting from, growing out of, or in any way connected with the foregoing responsibilities, except (i)to the extent that the same are incurred from the sole misconduct or negligence of Town and/or District, their respective officers, agents, or employees; (ii) from the use (by any individual or entity other than Grantor), operation and maintenance of the Trails; or, (iii) from the use by District of the Emergency Access Easement. s e g y (b) District shall be responsible for, indemnify, and save harmless Town and Grantor, their officers, agents, and employees from any and all liabilities, claims, demands, damages, or costs resulting from, growing out of, or in any way connected with(i) the misconduct or FERRAR1:65461.113 7/9104 Page 8 I negligence of District, its directors, agents, or employees or(ii) the use (by any individual or entity other than Grantor), operation and maintenance of the Trails and the Trail Corridor and the use by District of the Emergency Access Easement. District will indemnify and save harmless Grantor and the Owners of Lots 4 and 5, from its use of the Private Driveway and the Emergency Access Easement on Lot 5. The duty of the parties to indemnify and save harmless includes the dutyto defen d as set forth in Civil Code Section 2778. Except as is necessary to locate and survey the location of the Trails, District does not intend to use the Trails the Trail Corridor an d the Emergency g cy Access Easement until the instrument memorializing the respective legal descriptions (as above described in Paragraph 4(B)) is recorded. The recordation is to occur, if at all, within five (5) years from the date of the recording of this Agreement. Therefore notwithstanding anything else herein contained, District shall have no duty to keep and maintain the Trails and the Trail Corridor, indemnify and save harmless, Town and Grantor or others relating to the Trails, Trail Corridor and/or Emergency Access Easement until the recordation of the legal description(s) for such Trails, Trail Corridor and/or Emergency Access Easement. 15. SUBSEQUENT CONVEYANCE OF THE OPEN SPACE PROPERTY. Grantor shall incorporate by reference hereto, the terms of this Grant in any deed or other legal instrument by which Grantor divests itself of any interest in all or a portion of the Open Space Easement Property, including, without limitation, a leasehold interest. Grantor shall give written notice to Town and District of the transfer of any interest in the Open Space Easement Property prior to the date of such transfer. Grantor shall provide a complete copy of this Agreement to its transferee prior to any such transfer. The failure of Town and/or District to perform any act required by this Paragraph shall not impair the validity of this Grant, limit its enforceability in any way, or render void or voidable any such transfer by Grantor. Upon any transfer in fee of the Property, Grantor shall be released of any obligation hereunder as to such transferred Property. I 16. NOTICES. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by first class mail,postage prepaid, addressed as follows: To Grantor: McCarthy Land Co. P.O. Box 361256 Milpitas, CA 95036-1256 Attention: Joseph A. McCarthy To Town: Town of Los Gatos P.O. Box 110 Los Gatos, CA 95031 Attention: Town Attorney FERRARI:65461.113 7/9/04 Page 9 To District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Attention: General Manager or to such other address as either party from time to time shall designate by written notice to the other. 17. RECORDATION. This Agreement shall be recorded by Town or Grantor in the Official Records of the County of Santa Clara, California. Town and/or District may re-record this Agreement whenever re-recording is required to preserve Town's and/or District's rights in this Open Space Easement. 18. GENERAL PROVISIONS. (a) Controlling Law. The interpretation and performance of this Agreement shall be governed by the laws of the State of California. (b) Liberal Construction. If any provision in this Agreement is found to be ambiguous, an interpretation consistent with the purpose of these Open Space Easements that would render the provision valid shall be favored over any interpretation that would render it invalid. This Agreement shall be construed in accordance with its fair meaning, and it shall not be construed against either party on the basis that such party prepared this instrument. (c) Severability. If any provision of this Agreement, or the application thereof to any person or circumstance, is found to be invalid, the remainder of its provisions, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby, so long as the purposes of these Open Space Easements can still be carried out. (d) No Third Party Rights. This Agreement is made and entered into for the sole benefit and protection of Grantor, Town and District. No person or entity other than the parties hereto and, as to Town and District, subject to Paragraph 18(f) below, their respective heirs, Towns, successors, and assigns shall have any right of action under this Grant of Easement or any right to enforce the terms and provisions hereof. (e) No Forfeiture. Nothing contained herein is intended to result in a forfeiture or reversion of Grantor's fee title in any respect. Grantor specifically reserves the right to convey fee title to the Property subject to the Open Space Easements. (f) Successors. Neither Town nor District shall have a right to assign or convey its rights in the Open Space Easement Property (except to a public agency including the District, as a successor-in-interest to Town), without the advance written consent of Grantor, which may be withheld in Grantor's sole discretion. Subject to the foregoing, the covenants, terms, conditions, and restrictions of this instrument shall be binding upon, and inure to the benefit of, the parties FERRARI:65461.113 7/9/04 Page 10 i hereto and their respective heirs, Towns, successor, and assigns, and shall continue as a servitude running in perpetuity with the Open Space Easement Property. (g) Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. (h) Counterparts. The parties may execute this instrument in two or more counterparts; each counterpart shall be deemed an original instrument. (i) Consent Not to be Unreasonably Withheld. In the event Grantor, as required by the terms hereof, seeks consent of Town and/or District, Town and/or District, as the case may be, agrees in all such circumstances not to unreasonably withhold consent, regardless of whether the paragraph hereunder requiring such consent so provides. 0) Subordination. If Grantor encumbers the Open Space Easement Property or any portion thereof prior to conveyance of these Easements, Grantor shall deliver an executed consent of lienholder in which any lienholder or mortgagor agrees to subordinate its right in the Open Space Easement Property or any portions thereof to prevent any modification or extinguishment of the Open Space Easements by the exercise of any rights by any mortgage holder or lienholder. Grantor shall also obtain any consent, release or reconveyance of deed of trust required from any mortgagor or lienholder so that the Open Space Easements are conveyed free and clear of any such liens and encumbrances. (k) Authori . The Grantor, Town and District, respectively, represent and warrant that each has the power and authority to execute and carry out the terms and provisions of this agreement. (1) Complete Agreement. This Grant and its exhibits constitute the entire agreement between the parties hereto pertaining to the subject matter thereof and the final, complete and exclusive expression of the terms and conditions thereof. All prior agreements, representations, negotiations and understandings of the parties hereto, oral or written, express or implied, are hereby superseded, and merged herein. No addition to or modification of any provision hereof shall be effective unless fully set forth in writing and signed by the party charged thereto. FERRARL65461.113 7/9/04 Page l l IN WITNESS HEREOF, the parties hereto execute this Grant effective as of June 21, 2004. GRANTOR: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District MCCARTHY LAND CO.,LLC a California limited liability company Approved as to Form: By: Susan C. Schectman, General Counsel Joseph A. McCarthy Member Recommended for Approval: Date: By: TOWN OF LOS GATOS, L. Craig Britton, General Manager a municipal corporation Approved and Accepted: By: Its: By: President,Board of Directors By: Name: Its: Attest: Approved as to Form. By: District Clerk Town Attorney Name: FERRARI:65461.113 7/9/04 Page 12 State of ) ss. On before me, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is(are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY [SEAL] State of ) ss. On before me, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is(are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY [SEAL] FERRARI:65461.113 7/9/©4 Page 13 EXHIBIT 1 DESCRIPTION OF REAL PROPERTY Tract Map No. 9368 Vineyard Heights All that certain real property described in the map of Tract No. 9368 recorded in the office of the Santa Clara County Recorder at Book of Maps at pages on 200 . i I FERRARI:65461.113 7/9/04 Page 14 CORDIIVCi IiEVUi;S-rED$y Ar-w WHE2ti MCOR 5ED MAIL TO: Town of Los Gatos 110 E.Main Street Los:Gatos,CA 95031 Attn: Town Attorney i DEED TO PUBLIC AGENCY-NO TRANSFER TAX DUE(Rev. &Tax. Code§ 11922) GRANT DEED OF OPEN SPACE EASEMENTS 'I WHEREAS,MCCARTHY LAND CO.LLC,a California limited liability company, hereinafter called"Grantor",is the owner of all of that cerWn real property located in the Town of Laos Gatos.County of Santa Clara,State of California more particularly de='bed on that certain tract map(the"Parcel Map"and the"Map' ,more particularly desen`bed in the e)lu'bit attached hereto as"Exhibit 1"and ineorporatexl by this reference.(the"Real Property"};ftd WHEREAS,MWPETIINSULA REGIONAL OPEN SPACE DISTRICT,a California special district,hereinafter called"District,,'was formed by voter initiatWe,pursuant to California Public Resources Code§5500,ct seq.,to solicit,receive,and hold conveyances of real property and interests therein acquirc d by purchase.exchange, gift,or bargain purchase for public recreation,scenic,and open space purposes;and W EREAS,Grantor desires to convey an easement to the Town of Los Gatos,a municipal corporation('7own'),over Parcel A and a portion of Lot 5 as the same are shown on. the Map(the"Town's Open Space Easement"),for the purposes specified in California Civil Code Section 8 15.1 C'Qpen Space Easements%and WHEREAS,the Town desires to obtain.the Open Space Easement to preserve and protect irf perpetuity for the natural,scenic and open space values of said easement property(the"Open Space Easetnent'Praperty'),as hereinafter more particularly described;and WHEREAS,District desires to obtain and Grantor to convey,easements for two public trails.over Parcel'A(the"District's Trails";"Trail I";"Trail 2"and jointly,the"Trail Easemetas')and an Emergency Access Easement permitting the District emergency access to and from Parcel A over Lot 5,the private road and driveway(the"Private Driveway')on Lot 5 accessing Foster Road and over parcel A to Trail 1,all as shown on the Map(the"District's 'Easements'); ICI FEPMAPJ-65461.12 B/24/D4' Page I +,17 A6P..r4cntm Xp"'wwiv* i i trnlF;n/Ill !91LJ?7p?tinb 911 TNnflnl In THVWHA4 :Aq IUaS iav w27 N 5 i*z1ER�vF, u1e paatics hcrcta CXCCUM this Grant'cffcctivc tls of JU ne 21, 2C 4. GRANTOR: MIDPkNINSUULA RLGIONAL OPEN SPACE DISTRICT,a.Public District MCCARTRY LAND CO.,LLC CalifoMIS limited liability company Approved as to Form; By: Susan C. Schectman,General Counsel (jJosfph A.McCarthy Member Rccommended for An�roval Date: .71 TOWN OF LOS GATOS L. Craig Britton,General Mimagcr a ixioicipal corporation Approved and Accented: By: Its: By: PI-esidcrn,Board of Directors By: Name: Its: Attest: Approved as to Fom. By: District Clerk Town Attorney Name: FEMAk:65461.12 MM4 Page 12 III e/c� afieafcnb* Xggs !WIdIc: tt bn/Rnl/n State of CQ I(� ) &JdW Con; On J?LM 2.9 Zo p before me, rr ersonatly y e 0 ersonalt known to me of A. aor Y proved to me on a basis�vf satisfactorY evidence to be the person(s)whose names)is(are) subscribed to the within instrument and acknowledged to me that heJshe(they executed the same in hi s/herltheir a. uthotiaed capacity(ies),and that by his/her/their signatures)on the instrument the erson s or the u anti n behalf � ): f of which � wluc the t}`UP on persos)ac{ red,executed the itlstrwment. WnNESS my hand and official seal ANIAM U0 w CAWANWah it 1478614 Now POW ;C4WWft sanlo cameo Cc�nly SIGNATURE OF NOTARY` (SEAL) FBIMIU.65461.12 61Z910a; Page g 13 wt, 96ea`e0v# XIAW!!WVJP:tt bo/60/10 `.Bt/-ZZ8Z801' dll IN0801i0 Idt/Na33 :Rq 4uag EXHIBIT Recording Requested By: When Recorded Mail To: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: General Manager I i NO CONSIDERATION -NO TRANSFER TAX DUE QUIT CLAIM DEED McCarthy Land Co., LLC, a California limited liability company("Grantor") hereby quit claims to the Midpeninsula Regionalpen Space District, a California special district ("District"), any and all of its right, title and interest in and to that certain real property more particularly described in Exhibit A, attached hereto and incorporated herein by this j reference (the "Real Property") to the extent that Grantor has any such interest under and pursuant to that certain agreement dated October 16, 1984 (the "1984 Agreement")by and between the California Province of the Society of Jesus, a California non-profit religious corporation ("CPSJ") and the Sisters of the Blessed Virgin Mary, Dubuque, Iowa, a non-profit Iowa religious corporation ("BVM"), as referenced and described in that certain memorandum of Agreement recorded on October 19, 1984, in Book 1973, Page 428, et seq., Document No. 8223394, Official Record of Santa Clara County. This Quit Claim Deed shall in no event effect, limit, restrict or modify that certain Emergency Access Easement described in and arising out of the Grant of Emergency Access Easement, recorded October 19, 1984 in Book 1973, Page 450 et seq., Official Records of Santa Clara County and modified in that certain Modification of Easement, recorded April 5, 2002, as Instrument No. 16195939, Official Records of Santa Clara County. In Witness Whereof, Grantor has executed this Quit Claim Deed as of , 2003. Grantor: JMAC Land Inc., a California corporation, Member McCarthy Land Co., LLC, a California limited liability company By: By: Joseph A. McCarthy, Member Joseph A. McCarthy President and Secretary FERRARI:62421.1 III STATE OF CALIFORNIA ) ) ss COUNTY OF SANTA CLARA ) On before me, personally appeared JOSEPH A. MC CARTHY,personally know to me or proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is(are) subscribed to within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my and official seal SIGNATURE OF NOTARY FERRARI:62421.1 Regional Open ,' ice J R-04-68 Meeting 04-15 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT July 14, 2004 AGENDA ITEM 6 AGENDA ITEM Half Moon Bay Coastside Foundation v. San Mateo County LAFCo, Midpeninsula Regional Open Space District; Authorize the General Manager to Approve Payment of Attorneys' Fees to the Law Firm of Shute, Mihaly and Weinberger in an Amount Not to Exceed $50,000 GENERAL COUNSEL'S RECOMMENDATIONS S,A I. Authorize the General Manager to approve attorneys' fees to the Law Firm of Shute, Mihaly and Weinberger in the matter of Half Moon Bay Coastside Foundation v. San Mateo County LAFCo, Midpeninsula Regional Open Space District and related Coastal Program matters in an amount not to exceed $50,000. 2. Approve an amendment to the District's Fiscal Year 2004-2005 Budget to appropriate $50,000 from the Budget Category"New Land Purchases" for the payment of such fees. DISCUSSION On June 6, the Board certified the Final Environmental Impact Report (EIR) for the Coastal Annexation project, adopted a Willing Sellers Ordinance, and took other actions related to the Coastal Annexation Project(see Report R-03-54). These actions were the culmination of several years of work and public participation in the development of the current project proposal, and enabled the District to submit an application to San Mateo County LAFCo for annexation of the Coastal Annexation Area. The LAFCo process required specialized legal services, as did other aspects of the Coastal Annexation Project as it proceeded through its next phases. A lawsuit was filed in July, 2003 seeking to invalidate the Board's certification of the Final EIR. The suit involved very active and contested litigation on behalf of all parties, including a motion to change venue, a request for an injunction, and review by the Court of Appeals. The Santa Clara Superior Court heard the matter in March, 2004 and ruled in the District's favor on all issues. Since that time, very active legal proceedings have continued at the administrative and judicial level. After four public hearings, LAFCo approved the District's application in April, 2004, and, after an additional public hearing, denied requests for reconsideration of its decision in June, 2004. A second lawsuit was filed in June, 2004 seeking to invalidate LAFCo's approval on a variety of grounds. Two separate court hearings on plaintiff's requests for temporary restraining orders have been held since the date of this report. More active litigation is anticipated. In April, 2004, 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 project and associated litigation (see Report R-04-41). As of this report $43,000 remains in budgeted and appropriated 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200 Fax:650 691-0485 • Email: mrosdr+openspace.org • Web site:www.openspace.org OFTT FREEs, Hoard of-Onec tors: Pete Siemens,Mary C. Davey,Jed Cyr, Deane Little, Nonette Hanko, Larry Hassett, Kenneth C Nitz - General Manager:L.Craig Britton R-04-68 Page 2 funds. However, active litigationp is expected to continue for the foreseeable future. Counsel recommends that the Board budget for and appropriate additional funds at this time so that monthly legal costs do not exceed appropriations due to unanticipated litigation costs. Depending on the further steps necessary to defend this litigation, and on the nature and complexity of other legal issues that may arise in connection with the project, staff may return to the Board in the future for additional expenditure authorization. Funds for this appropriation will be allocated from the Real Property Department's Land Acquisition Fund, Budget Category "New Land Purchases." Prepared by: Susan Schectman, General Counsel Contact person: Same as above Regional Open . ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-04-70 Meeting 04-15 July 14, 2004 AGENDA ITEM 7 AGENDA ITEM Consider cancellation of the July 28, 2004 Regular Board Meeting ACTING GENERAL MANAGER'S RECOMMENDATION t* Consider cancellation of your July 28, 2004 Regular Meeting. DISCUSSION As of the writing of this report, there are only two potential agenda reports scheduled for the July 28, 2004 meeting. Both of these reports involve possible purchase agreements which may not be ready for Board approval by July 28`h� At the July 14, 2004 meeting, there may be updated information regarding these two purchase agreements and staff will know if Board approval may be needed on the 281" for LAFCo requirements. Staff will update the Board at the July 14, 2004 meeting and make a recommendation on whether to cancel the July 28, 2004 meeting. Prepared by: Sally Thieldfoldt, Acting General Manager Contact person: Same as above 330 Distel Circle • Los Altos, CA 94022-1404 + Phone:650-691-1200 Fax: 650-691-0485 • E-mail: mrosd@openspace.org • Web site:www.openspace.org »•' OFOEES' Bwrcl of Oirectors:Pete Siemens,Mary C. Davey,Jed Cyr, Deane Little, Nonette t ianko,Larry Hassett,Kenneth C.Nitz - General Manager:L.Craig Britton Regional Open ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: L. Craig Britton, General Manager DATE: July 14, 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 OF&EEs, Beard of Dire(fors:Fete Siemens,Mary C. Davey,Jed Cyr,Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz • General Manager:L.Craig Britton STANFORD UNIVERSITY DEPARTMENT OF GEOLOGICAL&ENVIRONMENTAL SCIENCES TELEPHONE:(650)723-3090 School of Earth Sciences FAX:(650)725-0979 Bldg. 320, Rm. 118 email: keith@pangea.stanford.edu Stanford,California 94305-2 1 1 5 http://pang_ea.stanford.edu/hydro/ Keith Loague Professor Dr. Deane Little Board of Directors, Midpeninsula Regional Open Space District May 17, 2004 Dear Dr. Little: rd b for the April 2 . I apologize form Bela in replying. I have been extremelyus o Thank ou for our letter of 3 Y Y Y pY Y past few weeks. Below and on the following pages I have given short answers in bold/red to the questions you p gp g g ( ) q raised in your letter. I would be happy to discuss my answers in greater detail with you and/or others. I should point out that I am away from Stanford(starting tomorrow, May 18t") until the first week of June. Sincerely, Keith Loague 1. The District often outslopes (cross-slopes)trails and roads to encourage quick water runoff and minimize the formation of in-trail channels. Does reducing in-trail channels necessarily reduce net erosion? Not always. Erosion may be reduced down the trail, but increased off the side of the trail. Each section of a given trail should be considered individually. 1 I Can outsloping actually increase net erosion,while perhaps reducing the appearance of erosion? Yes. The area around the trail proper must be considered when constructing a useful sediment budget. The trail proper should not be isolated from the overall g p p system. 2. The District's current trail construction standard is to use a steeper outslope than the trail's natural up- or down-slope; for example, a trail with a 6%upslope would have an 8% outslope. Given that water will always tend to follow the fall line (natural steepest slope), is there any logical reason why trail outslope should be steeper than the trail's downslope? No. Again each case (section of the trail) should be considered individually. A standard like the one given here can easily lead to out-slopes that result in significantly greater erosion rates (i.e., driven by greater surface water depths and velocities) and are uncomfortable (even unsafe) for the trail user. (Note: In the above example the 8% outslope is the actual left to right cross-slope vector, not the sum of out- and downsloping vectors.) 3. Outsloping a trail necessarily increases the slope of the trail surface. What is the effect on averaVe water flow velocity when surface slope is increased? Increased surface water velocity. 4. What is the general effect of increased water flow velocity on surface erosion, all other factors being equal? Greater erosive power. 5. To minimize net erosion should the District adopt a one-size-fits-all policy on outsloping, or use a case- by-case policy to identify problem areas and then respond with individual design strategies? No question: case-by-case. What will be the likely effect of a one-size-fits-all policy on trail outsloping? Parts of the trail will be over-designed; parts will be under-designed. 0 v the natural 6. Over time could trails that are significantly outdo ed say greater than I O/o tend to revert to g Y P � Y slope of the hillside? Yes. Do trail surfaces that revert to the natural slope of a hillside have the potential to create large erosion gullies or cause slope failure? 2 �I Yes, this can be the case. 7. You have seen some of the trails at Russian Ridge Preserve, including out-sloped, in-sloped and "neutral"trail surfaces. Any comments on the trail erosion you observed in these places? i The most pronounced problems are associated with steeply out-sloped sections in the trail. Significantly outsloped trails such as these seem to broaden on the lower edge of the trail, why is that? Erosion off the side of the trail, which can continue to propagate as the trail widens (e.g., a greater areas for surface runoff). Any suggestions on how we might minimize erosion and trail-widening at these sites? Do not out-slope all trails with a one-size- fits-all operating procedure. The reasons that a one-size-fits-all protocol is not correct for any landscape that is not completely uniform include, but are not limited to: (i) nuances associated with topography (e.g., convergent hollows that focus near-surface hydrologic response), (ii) geometry of the trail itself(e.g., cutbacks), (iii) variability in vegetation, (iv) trail surface material (and changes), and (v) depth to the water table (e.g., seepage faces). i I I 3 Keith Loague ADDRESS Department of Geological and Environmental Sciences phone: (650)723-3090 Stanford University e-mail:keith@pangea.stanford.edu Stanford,CA 94305 fax: (650)725-0979 web: http://pangea.stanford.edu/hydro EDUCATION PhD 1986 Interdisciplinary Hydrology Program University of British Columbia,Vancouver,BC,Canada "An Assessment of Rainfall-Runoff Modeling Methodology" Major advisor: Professor Roy Allan Freeze MSc 1982 Department of Geological Sciences University of British Columbia,Vancouver,BC,Canada "A Comparison of Techniques used in Rainfall-Runoff Modeling" Major advisor: Professor Roy Allan Freeze BS 1978 School of Natural Resources,University of Michigan,Ann Arbor PROFESSIONAL EXPERIENCE 1994—present Department of Geological and Environmental Sciences, Stanford University Professor 1996—present Center for Earth Science Information Research(CESIR), Stanford University Co-Founder and Co-Director 1988-1994 Department of Environmental Science, Policy,and Management University of California, Berkeley Associate Professor 1985-1988 Department of Geology and Geophysics and Water Resources Research Center University of Hawaii at Manoa, Honolulu,Hawaii Assistant Professor 1984 Agricultural Research Service(USDA),Chickasha,Oklahoma Visiting Scientist 1980 Bureau of Land Management(USDI), Idaho Falls,Idaho Hydrologist for the Idaho Falls District PUBLICATIONS Books 1. Corwin,D.L. and K. Loague(Editors). 1996.Applications of GIS to the Modeling of Non-Point Source Pollutants in the Vadose Zone. Special Publication 48,319 pages, Soil Science Society of America,Madison, WI. 2. Corwin,D.L.,K. Loague,and T.R. Ellsworth(Editors). 1999.Assessment of Non-Point Source Pollution in the Vadose Zone. Geophysical Monograph 108,369 pages,AGU Press, Washington, D.C. Peer Reviewed Publications 1. Loague,K.M. and R.A. Freeze. 1985. A comparison of rainfall-runoff modeling techniques on small upland catchments. Water Resources Research 21,229-248. 2. Loague,K.M. and R.A. Freeze. 1988. Correction to"A stochastic-conceptual analysis of rainfall-runoff processes on hilislope,"by R.Allan Freeze. Water Resources Research 24,630-632. 3. Loague, K.M. 1988. Impact of rainfall and soil hydraulic property information on runoff predictions at the hillslope scale. Water Resources Research 24, 1501-1510. 4. Loague,K.,T.W. Giambelluca,R.E.Green,C.C.K. Liu,T.C.Liang,and D.S.Oki. 1989. Simulation of organic chemical movement in Hawaii soils with PRIM: 2. Predicting deep penetration of DBCP, EDB,and TCP. Pacific Science 43, 362-383. 1 5. Loague,K.M., R.E. Green,C.C.K. Liu,and T.C. Liang. 1989. Simulation of organic chemical movement in Hawaii soils with PRIM: 1. Preliminary results for EDB.Pacific Science 43,67-95. 6. Loague,K.M.,R.S.Yost, R.E.Green,and T.C. Liang. 1989. Uncertainty in a pesticide leaching assessment for Hawaii.Journal of Contaminant Hydrology 4, 139-16 1. 7. Loague,K. 1990. Comments on"Changing ideas in hydrology-The case of physically based models,"by K. Beven.Journal of Hydrology 120,405-407. 8. Loague,K. 1990. R-5 revisited: 2. Re-evaluation of a quasi-physically based rainfall-runoff model with supplemental information. Water Resources Research 26,973-987. 9. Loague, K. 1990. Simple design for simultaneous steady-state infiltration experiments with single ring infiltrometers. Water Resources Bulletin 26,935-938. 10. Loague, K.and G.A. Gander. 1990. R-5 revisited: 1. Spatial variability of infiltration on a small rangeland catchment. Water Resources Research 26,957-97 1. 11. Loague, K. and R.E. Green. 1990.Comments on"Mapping pesticide contamination potential,"by M.A. Khan and T. Liang,Environmental Management 14, 149-150. 12. Loague,K., R.E. Green,T.W. Giambelluca,T.C.Liang,and R.S. Yost. 1990. Impact of uncertainty in soil, climatic,and chemical information in a pesticide leaching assessment.Journal of Contaminant Hydrology 5, 171-194,405. 13. Liu,C.C.K.,K. Loague,and J.-S. Feng. 1991. Fluid flow and solute transport processes in unsaturated heterogeneous soils: Preliminary numerical experiments.Journal of Contaminant Hydrology 7,261-283. 14. Loague,K. 1991. Space-time tradeoffs across the hydrologic data sets of competing rainfall-runoff models: A preliminary Analysis. Water Resources Bulletin 27,781-789. 15. Loague, K. 1991. The impact of land use on estimates of pesticide leaching potential: Assessments and uncertainties.Journal of Contaminant Hydrology 8, 157-175. 16. Loague, K. and R.E. Green. 1991. Statistical and graphical methods for evaluating solute transport models: Overview and application.Journal of Contaminant Hydrology 7, 51-73. 17. Kleveno,JJ., K. Loague,and R.E. Green. 1992. An evaluation of a pesticide mobility index: Impact of recharge variation and soil profile heterogeneity.Journal of Contaminant Hydrology 11, 83-99, 18. Loague,K. 1992. Comments on"Terrain-based catchment partitioning and runoff prediction using vector based elevation data,"by I.D. Moore and R.B. Grayson. Water Resources Research 28, 1741-1744. 19. Loague,K. 1992. Impact of overland flow plane characterization on event simulations with a quasi-physically based model. Water Resources Research,28,2541-2545. 20. Loague, K. 1992. Simulation of organic chemical movement in Hawaii soils with PRZM: 3. Calibration.Pacific Science 46,353-373. 21. Loague,K. 1992. Soil-water content at R-5: 1. Spatial and temporal variability.Journal of Hydrology 139,233- 261. 22. Loague, K. 1992. Soil-water content at R-5:2. Impact of antecedent conditions on rainfall-runoff simulations. Journal of Hydrology 139,253-26 1. 23. Loague,K. 1992.Using soil texture to estimate saturated hydraulic conductivity and the impact on rainfall- runoff simulations. Water Resources Bulletin 28,687-693. 24. Anderson, S.P., W.E. Dietrich,R. Torres,D.R.Montgomery,and K. Loague. 1993.A case for geochemical control of concentration-discharge relationships. Chemical Geology 107,369-371. 25, Yost,R.S., K. Loague,and R.E.Green. 1993. Reducing variance in soil organic carbon estimates: Soil classification and geostatistical approaches. Geoderma 57,247-262. 26. Leon-Guerrero,E.D., K. Loague,and R.E. Green. 1994. Wellhead treatment costs for groundwater contaminated with pesticides: A preliminary analysis for pineapple in Hawaii.Environmental Management 18, 93-104. 27. Loague,K. 1994. Regional scale ground water vulnerability estimates: Impact of reducing data uncertainties for assessments in Hawaii. Ground Water 32,605-616. 28. Loague, K.,R.N. Miyahira, D.S. Oki, R.E. Green,R.C. Schneider,and T.W.Giambelluca. 1994.Chemical leaching near the Waiawa Shaft,Oahu, Hawaii: 1. Field experiments and laboratory analysis. Ground Water 32, 986-996. 29. Loague, K., R.N. Miyahira, R.E. Green,D.S.Oki,T.W. Giambelluca,and R.C. Schneider. 1995.Chemical leaching near the Waiawa Shaft,Oahu,Hawaii:2. Modeling results. Ground Water 33, 124-138. 30. Giambelluca,T.W.,K. Loague,R. E. Green,and M.A.Nullet. 1996. Uncertainty in recharge estimation: Impact on groundwater vulnerability assessments for the Pearl Harbor Basin,Oahu,Hawaii.Journal of Contaminant Hydrology 23, 85-112. 31. Loague,K. and D.L. Corwin. 1996. Uncertainty in regional-scale assessments of non-point source pollutants. in Applications of GIS to the Modeling of on-Point Source Pollutants in the Vadose Zone.Edited by D.L.Corwin and K. Loague, Special Publication 48,pp. 131-152, Soil Science Society of America,Madison, WI. 2 I I 32. Loague,K.,D. Lloyd,T.W. Giambelluca,A.Nguyen,and B. Sakata. 1996. Land misuse and hydrologic response; Kahoolawe, Hawaii. Pacific Science 50, 1-35. 33. Loague,K., R.L. Bemknopf,R.E. Green,and T.W.Giambelluca. 1996. Uncertainty of groundwater vulnerability assessments for agricultural regions in Hawaii: Review.Journal of Environmental Quality 25,475- 490. 34. Anderson, S.P., W.E. Dietrich,D.R. Montgomery,R.Torres,and K. Loague. 1997. Concentration-discharge relationships in runoff from a steep unchanneled catchment. Water Resources Research 33,211-225. 35. Anderson, S.P., W.E.Dietrich, D.R. Montgomery,R.Torres,M.E. Conrad,and K. Loague. 1997. Subsurface flowpaths in a steep,unchanneled catchment. Water Resources Research 33,2637-2653. 36. Corwin,D.L.,P.J. Vaughan,and K.Loague. 1997. Modeling nonpoint source pollutants in the vadose zone with GIS. Environmental Science and Technology 31,2157-2175. 37. Loague,K. 1997.Discussion of"Searching for physically based runoff model--A hydrologic El Dorado?"by David A Woolhiser. Journal of Hydraulic Engineering 123, 828-830. 38. Loague,K. and P.C. Kyriakidis. 1997. Spatial and temporal variability in the R-5 infiltration data set: Deja vu and rainfall-runoff simulations. Water Resources Research 33,2883-2895. 39. Montgomery,D.R., W.E. Dietrich, R. Torres, S.P.Anderson,J.T. Heffner,and K. Loague. 1997. Hydrologic response of a steep,unchanneled valley to natural and applied rainfall. Water Resources Research 33,91-109. 40. Abrams,R.H., K. Loague,and D.B. Kent. 1998. Development and testing of a compartmentalized reaction network model for redox zones in contaminated aquifers. Water Resources Research 34, 1531-1541. 41. Corwin,D.L.,K. Loague,and T.R. Ellsworth. 1998.GIS-based modeling of nonpoint source pollutants in the vadose zone.Journal of Soil and Water Conservation 53, 34-38. 42. Diaz-Diaz,R.,J.E.Garcia-Hernandez,and K. Loague. 1998.Leaching Potentials of Four Pesticides used for Bananas in the Canary Islands.Journal of Environmental Quality 27,562-572. 43. Loague,K.and D.L.Corwin. 1998. Regional-scale assessment of nonpoint source groundwater contamination. Hydrological Processes 12,957-965. 44. Loague,K., D. Lloyd,A.Nguyen, S.N. Davis,and R.H.Abrams. 1998.A case study simulation of DBCP groundwater contamination in Fresno County,California: 1. Leaching through the unsaturated subsurface. Journal of Contaminant Hydrology 29, 109-136. 45. Loague,K.,R.H. Abrams, S.N. Davis,A.Nguyen,and I.T. Stewart. 1998. A case study simulation of DBCP groundwater contamination in Fresno County,California: 2. Transport in the saturated subsurface.Journal of Contaminant Hydrology 29, 137-163. 46. Loague,K.,D.L. Corwin,and T.R. Ellsworth. 1998. The challenge of predicting nonpoint source pollution. Environmental Science and Technology 32, 130A-133A. 47. Torres,R.,W.E. Dietrich,D.R. Montgomery, S.P.Anderson,and K. Loague. 1998. Unsaturated zone processes and the hydrologic response of a steep,unchanneled catchment. Water Resources Research 34, 1865-1879. 48. Bernknopf,R.L.,K.A.Lenkeit, L.B. Dinitz,and K. Loague. 1999. Estimating a societal value of earth science information in the assessment of non-point source pollutants. in Assessment of Non-Point Source Pollution in the Vadose Zone. Edited by D.L. Corwin,K. Loague,and T.R.Ellsworth. Geophysical Monograph 108,pp. 291-308,AGU Press, Washington,D.C. 49. Corwin,D.L.,K. Loague,and T.R. Ellsworth. 1999. Advanced information technologies for assessing nonpoint source pollution: in the vadose zone Conference overview.Journal of Environmental Quality 28,357-365. 50. Corwin,D.L.,K.Loague, and T.R. Ellsworth. 1999. Introduction:Assessing non-point source pollution in the vadose zone with advanced information technologies. in Assessment of Non-Point Source Pollution in the Vadose Zone. Edited by D.L. Corwin,K. Loague,and T.R.Ellsworth.Geophysical Monograph 108,pp. 1-20, AGU Press, Washington,D.C. f r chemical leaching potentials for 1 .An assessment o a o 51. Diaz-Diaz R. K. Loague, and J.S.Notario. 999 g p g � g I Tenerife.Journal of Contaminant Hydrology 36, 1-30. 52. Loague,K.and R.H.Abrams. 1999. DBCP contaminated groundwater: Hot spots and non-point sources. Journal of Environmental Quality 28,429-445. 53. Loague,K., D.L. Corwin, and T.R. Ellsworth. 1999.Are advanced information technologies the solution to NPS pollutant problems? in Assessment of Non-Point Source Pollution in the Vadose Zone. Edited by D.L. Corwin, K. Loague, and T.R. Ellsworth. Geophysical Monograph 108,pp. 363-369,AGU Press, Washington,D.C. 54. Mayer, S.,T.R. Ellsworth, D.L. Corwin, and K. Loague. 1999. Estimating transport parameters for non-point pollution transport models. in Assessment of Non-Point Source Pollution in the Vadose Zone. Edited by D.L. Corwin, K. Loague,and T.R. Ellsworth.Geophysical Monograph 108,pp. 119-133,AGU Press, Washington, D.C. 55. Stewart, I.T. and K. Loague. 1999. A type transfer function approach for regional-scale pesticide leaching assessments.Journal of Environmental Quality 28,378-387. I 3 i 56. Wahlstrom,E., K. Loague,and P.Kyriakidis. 1999. Hydrologic response: Kaho'olawe,Hawaii.Journal of Environmental Quality 28,481-492. 57. Abrams,R.H. and K. Loague.2000.A compartmentalized solute transport model for redox zones in contaminated aquifers. 1. Theory an development. Water Resources Research 36,2001-2 1 . 58. Abrams,R.H. and K. Loague. 2000.A compartmentalized solute transport model for redox zones in contaminated aquifers. 2. Field-scale simulations. Water Resources Research 36,2015-2029. 59. Abrams,R.H. and K. Loague.2000. Legacies from three manufactured gas plants: Groundwater quality impacts. g g Hydrogeology Journal 8, 594-607. 60. Diaz-Diaz,R. and K. Loague. 2000. Comparison of two pesticide leaching indices.Journal of the American Water Resources Association 36, 823-832. 61. Diaz-Diaz,R.and K. Loague. 2000. Regional-scale leaching assessments for Tenerife: Impact of data uncertainties.Journal of Environmental Quality 29, 835-847. 62. Loague,K. and D.L. Corwin. 2000. Regional-scale assessment of nonpoint source groundwater contamination. in Hydrological Applications of GIS. Edited by A,M. Gumell and D.R. Montgomery,pp. 137-145, Wiley, England. 63. Loague, K.,G.A. Gander,J.E. VanderKwaak,R.H.Abrams,and P.C. Kyriakidis. 2000. Simulating hydrologic response for the R-5 catchment: A never ending story.Floodplain Management 1, 57-83, 64. Loague, K.,G.A. Gander,J.E. VanderKwaak,R.H. Abrams,and P.C. Kyriakidis.2000.Technical Addendum for"Simulating hydrologic response for the R-5 catchment: A never ending story".Floodplain Management 2, 57-64. 65. Soutter,L.A. and K. Loague.2000. Revisiting the Fresno DBCP case study simulations: The impact of upscaling.Journal of Environmental Quality 29, 1794-1805. 66. Bernknopf,R.L., L.B. Dinitz,and K. Loague.2001.An interdisciplinary assessment of regional-scale nonpoint source groundwater vulnerability: Theory and application.USGS Professional Paper Number 1645 (21 pages). 67. Diaz-Diaz, R. and K.Loague.2001.Assessing the potential for pesticide leaching for the pine forest areas of Tenerife.Environmental Toxicology and Chemistry 20, 1958-1967. 68. Loague,K. and R.H. Abrams.2001. Stochastic-conceptual analysis of near-surface hydrologic response. Hydrologic Processes 15,2715-2728. 69. VanderKwaak,J.E. and K.Loague.2001. Hydrologic-response simulations for the R-5 catchment with a comprehensive physics-based model. Water Resources Research 37,999-1013. 70. Loague,K.and J.E. VanderKwaak.2002. Simulating hydrologic response for the R-5 catchment: Comparison of two models and the impact of the roads.Hydrological Processes 16, 1015-1032. 71. Stewart,I.T. and K. Loague.2003. Development of type transfer functions for regional-scale non-point source groundwater vulnerability assessments. Water Resources Research 39(12), 1359,doi:10.1029/2003WR002269. 72. Corwin,D.L,and K.Loague.2004.Multidisciplinary approach for assessing subsurface non-point source pollution. in Soil-Water-Solute Process Characterization:An Integrated Approach. Edited by J.Alvarez-Benedi and R. Munoz-Carpena. CRC Press(in press). 73. Dutton,A., K. Loague, and B.C. Wemple.2004. Simulated effect of a forest road on near-surface hydrologic response and slope stability(submitted to Earth Surface Processes and Landforms). 74. Loague,K.,and D.L.Corwin.2004. Point and nonpoint source pollution(submitted to Encyclopedia of Hydrological Sciences). 75. Loague,K.and J.E.VanderKwaak.2004.Physics-based hydrologic response simulation: Platinum bridge, 1958 Edsel,or useful tool.Hydrological Processes(in press). 76. Loague,K.,C.S. Heppner,R.H. Abrams,J.E.VanderKwaak,A.E.Carr,and B.A. Ebel.2004. Further testing of the Integrated Hydrology Model(InHM): Event-based simulations for a small rangeland catchment located near Chickasha,Oklahoma.Hydrological Processes(in press). 77. Pebesma,E.J., P. Switzer, and K. Loague. 2004.Error analysis for the evaluation of model performance: Rainfall-runoff event summaries(submitted to Journal of Hydrology). 78. Pebesma,E.J.,P. Switzer,and K.Loague.2004.Error analysis for the evaluation of model performance: Rainfall-runoff time series. Hydrological Processes(in press). 79. Stewart, I.T. and K. Loague. 2004. Assessing San Joaquin Valley,California,groundwater vulnerability with the type transfer function model.Journal of Environmental Quality(in press). Manuscripts in Preparation • Loague,K.,J.S. Blanke,M.B.Mills,R. Diaz-Diaz,and L.I.Ugalde.Assessing agrochemical leaching potentials for the San Joaquin Valley,California(to be submitted to Hilgardia). • Ran,Q. and K. Loague. Water balance and sediment budget estimates for the Three Gorges Project in China(to be submitted to Journal of the American Water Resources Association). 4 i i Proceeding Papers,Book Chapters,and Book Reviews l. Loague,K.M., R.A. Freeze,D.P. Lettenmaier,and S.J.Burges. 1983. The hydrological basis for river forecasting: A comparison of rainfall-runoff modeling techniques. WMO Technical Conference on Mitigation of Natural Hazards through Real-Time Data Collection Systems and Hydrological Forecasting(38 pp.), Sacramento,California. 2. Green, R.E.,K.M. Loague,and R.S. Yost. 1988. Assessment of pesticide leaching using soil survey and taxonomy. in International Interactive Workshop on Soil Resources: Their inventory, analysis, and interpretation for use in the 1990's.pp.204-218. Minnesota Extension Service,University of Minnesota, St. Paul. 3. Loague, K.M. 1988. Streamflow generation: Equally likely realizations of a single stochastic process. in Proceedings of International Symposium on Modeling Agricultural, Forest, and Rangeland Hydrology.pp. 420-426. American Society of Agricultural Engineers,St. Joseph,Michigan. 4. Loague,K.M.and R.E. Green. 1988. Impact of data-related uncertainties in a pesticide leaching assessment. in Methods for Ground Water Quality Studies. Edited by D.W.Nelson and R.H.Dowdy,pp. 98-1 19 Agricultural Research Division, University of Nebraska, Lincoln. 5. Loague, K.M.,R.E. Green,and L.A. Mulkey. 1988. Evaluation of mathematical models of solute migration and transformation: An overview and an example. in Proceedings of International Conference and Workshop on Validation of Flow and Transport Models for the Unsaturated Zone. pp.231-248. College of Agriculture and Home Economics,New Mexico State University,Las Cruces. 6. Loague,K.and R.E.Green. 1990. Criteria for evaluating pesticide leaching models. in Field-Scale Solute and Water Transport Through Soil.Edited by K. Roth,H. Fluhler, W.A.Jury,and J.C.Parker,pp. 175-207. Birkhauser Verlag,Basel. 7. Loague,K. and R.E. Green. 1990.Uncertainty in areal estimates of pesticide leaching potential. in Transactions of 14th International Congress of Soil Science.pp. 162-167, International Soil Science Society. 8. Anderson,S.P., W.E.Dietrich,R.Torres,D.R.Montgomery,and K. Loague. 1994. Water flowpaths in a small catchment during steady,artificial rain and a natural storm.Eighth International Conference on Geochronology, Cosmochronology,and Isotope Geology,Berkeley.U.S.Geological Survey Circular,C1107,p.7. 9. Loague,K., R.L. Bernknopf,T.W. Giambelluca,and R.E.Green. 1995.The impact of data uncertainty upon regional scale leaching assessments of non-point source pollutants. in Applications of GIS to the Modeling of Non-Point Source Pollutants in the Vadose Zone.pp.494-535,ASA-CSSA-SSSA Bouyoucos Conference, Riverside,CA. 10. Corwin,D.L. and K. Loague. 1996.Preface. in Applications of GIS to the Modeling of Non-Point Source Pollutants in the Vadose Zone. Edited by D.L. Corwin and K. Loague, Special Publication 48,pp. ix-xiv, Soil Science Society of America,Madison, WI. 11. Corwin,D.L.,K. Loague,and T.R. Ellsworth. 1998. Assessing nonpoint source pollution in the vadose zone (Chapman Conference Summary).EOS 79,219-220. 12. Corwin,D.L., K. Loague, and T.R. Ellsworth. 1999. Dedication. in Assessment of Non-Point Source Pollution in the Vadose Zone. Edited by D.L. Corwin,K.Loague,and T.R. Ellsworth. Geophysical Monograph 108,pp. viii-ix,AGU Press. 13. Corwin,D.L.,K. Loague,and T.R. Ellsworth. 1999.Preface. in Assessment of Non-Point Source Pollution in the Vadose Zone. Edited by D.L.Corwin, K.Loague,and T.R. Ellsworth. Geophysical Monograph 108,pp.xi- xii,AGU Press. 14. Loague,K. 1999. Review of"Elements of Physical Hydrology"(by G.M. Homberger,J.P. Raffensperger, P.L. Wiberg,and K.N. Eshleman). Ground Water 37,327-328. 15. Loague, K.2000. Fluvial Landforms: The Surface of the Earth. in Earth Systems: Processes and Issues. Edited by W.G. Ernst,pp. 102-118,Cambridge University Press. 16. Loague,K.2000.Nonpoint source pollution. in McGraw-Hill Yearbook of Science and Technology 2001.pp. 373-376, McGraw-Hill. 17. Loague,K.2000.Environmental modeling: The past,the present,and the future. in Proceedings of Accuracy 2000. Edited by G.B.M. Heuvelink and M.J.P.M.Lemmens,pp.425-432,Delft University Press,Netherlands. 18. Stewart,I.T. and K.Loague.2000.Uncertainty introduced by upscaling type transfer functions. in Proceedings of Accuracy 2000. Edited by G.B.M.Heuvelink and M.J.P.M. Lemmens, pp. 617-624,Delft University Press, Netherlands. 19. Krauskopf, K.B.and K. Loague.2001. Environmental Geochemistry. in Encyclopedia of Physical Science and Technology.Third Edition,Vol. 5,pp. 519-545,Academic Press, San Diego. 20. VanderKwaak,J.E. and K. Loague.2004. InHM(Integrated Hydrology Model). International Ground Water Modeling Center Newsletter 22(1),2. 5 TEACHING AT STANFORD(*graduate level courses) 1. G&ES43N, Freshman Seminar,"Environmental Problems" 2. G&ES-130, Environmental Earth Sciences 1: Soil Physics and Hydrology 3. G&ES-13 1,Environmental Earth Sciences 11: Fluvial Systems&Landscape Evolution 4. G&ES-140,Geomorphology 5. G&ES-237, Surface and Near-Surface Hydrologic Response* 6. G&ES-238,Soil Physics* 7. G&ES-239,Advanced Geomorphology* Regional Open S, gee __ MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors i FROM: Sally Thielfoldt, Acting General Manager DATE: July 9, 2004 i RE: FYI's J OO EPEE Regional Open Spice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION July 2, 2004 Frank Robles Neopolitan Networks 260 Sheridan, Ste. 400 Palo Alto, CA 94306 Dear Mr. Robles: I am pleased to extend the District's support of the Skyline Broadband Service and Neopolitan Networks, Inc. partnership to bring high speed Internet access to South Skyline Area residents in an environmentally sound way. The District's mission is to preserve a regional greenbelt of open space land in perpetuity; protect and restore the natural environment; and provide opportunities for ecologically sensitive public enjoyment and education. As a land steward and owner, the District is pleased that it was able to refer Neopolitan Networks to C&C Communications, a District tenant, and facilitate the use of existing facilities to install wireless Internet equipment on Monte Bello Open Space Preserve's Black Mountain. In this way it was not necessary to install the additional towers or other equipment that would have had an impact on the environment and on the visual aesthetics of the public open space lands. The District is further pleased to have the opportunity to take advantage of this service being offered for the first time in the Skyline area, and recognizes the benefit to neighbors of District lands and the surrounding community. It is community partnerships such as this that highlight the unique symbiotic relationship between Silicon Valley technology, rural landowners and neighbors and the "room to breathe"provided by surrounding public open space. Sinc ely, L L. Cr Cr ritton General Manager Icb/kw cc: MROSD Board of Directors 33o Distel Circle 650-691-lzoo 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 Hanko,Larry Hassett,Kenneth C Nitz L.Craig Britton Page 1 of 3 Craig Britton From: Doug Cox[dougcox@znet.com] Sent: Thursday, June 03, 2004 11:42 PM To: Craig Britton; Ibritton@openspace.org; nhanko@openspace.org; Ihassett@openspace.org; j dlittle@openspace.org; mdavey@openspace.org; knitz@openspace.org;jcyr@openspace.org; psiemens@openspace.org Subject: Want to Expand Foothills Open Space Preserve? Dear MROSD, I wish I really was empowered to sell Palo Alto's Foothills Park to you for one dollar--see below please. The MROSD is doing a superb job! You have created a wonderful network of open space preserves,great management,and super personnel. Thanks. Would you ever allow a music concert to be held on any of your open space preserves? I think not,but I really would appreciate an official answer. You could help--those of you with remaining contacts at Acterra--by asking them what happened to their environmental conscience and sensitivity. Thank you for your time and consideration. Sincerely,Doug Cox i -----Original Message From: Doug-Cox To: city.council@cityofpalo_alto.org ; Icordell@stanford_edu ; hilla hillaryfree_man org Cc: cityrrgr@city.palq- _aftaca.us ; Frank.Benest@CityofPaloAlto org ; csd@CityofPaloAlto org ; Richard.James@City ofPaloA_lto.org : nlliams_CityofPaloAlto.or ; GrgBCityAlao to:org ; MichaelC(cbActerra.or ;jsteiner hiddenvilla.org ; Deer Hollow Farm ; annetteglanckopf(c�worldnet att.net ; dou cox znet.com Sent: Thursday, May 27, 2004 1:39 AM Subject: How to Eliminate a Large Budget Item or No Concert Dear City Council Members, Please cancel or relocate the Acterra Music Concert from our Foothills Park nature preserve. If we allow this music concert to occur on June I Ith,then we have demonstrated as a city that we are incapable of properly managing a nature preserve. If so I think we should solve several problems at once by selling Foothills Park to the MROSD for one dollar. We would eliminate a large annual operating cost. We would create tremendous good will up and down the peninsula and the entire bay 1 Hills neighbors cou ld final] enter,enjoy,and support the reserve. We would throw off some of area. Its local Los Altos g y , � y, pp p our elitist image and become more connected with our neighbors and fellow environmentalists. And,most important,we would insure that Foothills Park was properly managed and protected as a nature preserve. This is what the people of Palo Alto intended when it was originally purchased--well before MROSD was created. I do not believe that the MROSD would ever allow a music concert to occur on their open space preserves. Many say that Foothills Park is under used. And,now it is misused. Let's give it to MROSD for safe keeping. And,we save money. Please see the following forwarded email. It contains detailed arguments and some critical information on two prior concerts which, in my opinion,were incorrectly held at Foothills Park during 2002. I believe this information--although somewhat emotionally presented--is true and valid. 6/25/2004 Page 2 of 3 Thank you,Doug Cox I can be reached at dougcox gz_net.co_m,(650)328-0747,or 485 El Dorado Avenue,Palo Alto,CA 94306. -----Original Message ----- From: _ Doug Co_x To Michael�A cterra.org; MarkB_@Acte_rra.org @ _ AndyF@Acterra_.og ; sdmg@ifn.net JerryHcActerraDidA .org ; LTeks_ler@y_ahoocom_ � a , NancH�Acterra.org Cc: citymgr@city.palo-alto.ca_us ; c_sd a�GtyofPaloAlto_org ; dougcox@znet.com ;jsteiner@hiddenvilla.org ; Deer Hollow_Farm ; annette_glanc_kopf�a worldnet,.att.net ; sh_e__ri1 earthlink.n_et Sent: Monday, May 24, 2004 2:55 AM Subject: Please Cancel or Move Your Music Concert Dear Acterra, Please either cancel or move your GreenBlues Concert scheduled for June 11,2004. Palo Alto's Foothills Park is not a proper place to hold this concert. It is a nature preserve. That is were wild animals live and are protected from large numbers of people,cars,unpleasant noise,artificial lights,and disruption of their living,sleeping,eating,and relaxation habits. It is were they feel secure and undisturbed. It is where terra firma(road sides,shoulders,and other off-pavement soils)and its plant life are protected from car tires,too many human feet,etc. The park is not supported by environmentally-friendly mass transit--like buses,trains,BART,etc. In fact, it is a very isolated nature preserve. Your website says that"parking... is ample but limited"; in fact, it has proven quite inadequate in the past for events of this nature. Your website on two different pages mentions camping in Foothills Park. Both references encourage the browser to contact the CPA for information. The reference under FAQ,says that all camping spots have been booked. Are these invitations for hundreds or thousands of people to either crash at the Towle Camp's "eight peaceful campsites ...nestled under the trees"(CPA website info)or to arrange group camp sites--both of which will much more seriously disturb the animals and plants of the preserve. With large numbers of guests,the fire danger to the park and surrounding neighbors is extremely high--particularly this year--and crowd control will probably require all available rangers as well as a number of police personnel(especially if any problems occur-- typical at large concerts?)--pulling them away from their normal duties and maybe requiring overtime pay. Your flier says this concert is "A Benefit for the Environment"; it certainly is not a benefit to Foothills Park, its animals, its plant life,and its sanctity. In fact, it is a desecration of a nature preserve and the intent of the people of Palo Alto. It sickens me that I must explain this to Acterra. It greatly disturbs me that somebody in Palo Alto has seemingly approved this improper(and perhaps illegal)use of Foothills Park. Perhaps Hidden Villa would allow you to have your concert at their Visitors Welcome Center-- you know how to contact Judith Steiner who is also a member of the CPA Parks&Recreation Commission. Perhaps you could make arrangements with Bill Graham Presents(or directly with the city of Mountain View)for Shoreline Amphitheater or with the CPA for Baylands Athletic Center which was used for jazz festivals in years past. The last two sites would obviously be more fitting with mass transit handy and"ample"parking available--they would be much more "environmentally sustainable". r he last three years-- first educator for t i 1 environmental stewards. As an environmental Y u are not res ons b e e Shame on Acterra. o pY first at Hidden Villa and now at Deer Hollow Farm,I believe that most all of my kindergarten through fifth grade students would have had more sense and environmental sensitivity than your organization. Are you going to ruin the world to save it? Are your programs so valuable to society(in your minds)that you can threatened Palo Alto's attempt to have and maintain a nature preserve? If your intent is to politically undermine this park and"open it up"to the public,you should know that in m opinion neither the Countyof Santa Clara nor the MROSD would allow a large music concert on their park a preserves. I do not believe the people of Palo Alto want Foothills Park to be"open". Acterra has just proved that they would not be a good steward or custodian of it. I don't think Acterra should be empowered with this fund-raiser money after demonstrating their total lack of environmental responsibility by holding a large,noisy,disruptive(to the animals)music concert in a protected remote nature preserve. I called today and left a message to immediately cancel my membership in Acterra. I would appreciate a refund of my dues paid on 11-26-03,since they were obtained through misrepresentation--in my opinion. I will encourage my friends to do the same. If you hold this concert at Foothills Park, I am considering organizing an informational campaign against and/or a boycott of your organization. In my opinion,all of your programs and grants with the CPA should be carefully reviewed. You are not who you say you are. It would appear that your money- grubbing ways and means are even worse than some of corporate America's environmental values. The means do not justify the ends. Jeopardizing a nature preserve so you can make some money to improve the environment. Sure. Shame on you. 6/25/2004 Page 3 of 3 By the way,for the last 25 years(to my knowledge)and probably longer,there has been(at least until now)a family of mountain lions living in the center of Foothills Park. The rangers and people in the know have kept it somewhat quiet and private to protect the animals--at least up until now. Since this event will include children and will occur during the dangerous sunset,dusk,early evening hours, I guess they should be hunted down and shot dead--dispatched--before your concert takes place. If not,then maybe all the noise,people, lights,and confusion will convince the mountain lions that Foothills Park is no longer their home and,when they're forced out and down into Palo Alto,the police can do them in and protect us all. Excessive camping in Wildhorse Valley or any group sites will of course worsen your impact. Also, if the deer are similarly driven out and into the surrounding community,the mountain lions will follow at least for their hunting and be endangered since they will be amongst humans and therefore too dangerous--right? This is not GreenBlues; it is BadBlues. Historically,to my knowledge and unfortunately,there were two music concerts held at Foothills Park's Boronda Lake. They were part of the City of Palo Alto's Twilight Concert Series of 2002--one on 7-9-02 and one on 8-13-02. The last concert was a disaster with overwhelming crowds and too many cars. It is my understanding that the entrance gate had to be closed prematurely and many people/cars could not be accommodated and were denied admittance. I also understood from talking informally with the rangers afterwards(they seemed very hesitant to discuss it--probably for job retention reasons?)that there was some damage to the park mostly due to many cars parking off the paved areas. Also,significant control burning was necessitate between the concerts because on the same day as the first concert a threatening fire was somehow started in the canyon between the museum and the overlook site. After the 8-13-02 event, I complained to the city coordinator for the Twilight Series about holding these music concerts at Foothills Park. She said that she had received numerous complaints, she agreed that it was not a proper nor adequate place for the concerts,and she guaranteed that she would not recommend holding Twilight Series concerts at Foothills Park any more. Interestingly,the sole performer for the excessive crowd on 8- j 13-02 was Sista Monica;just one of your two major performers advertised for your concert. Yours is a BIG concert with slick web-based far-reaching marketing. Acterra has created the makings of a disaster for the park,the city,the environment, and itself--in my opinion. It is not a benefit for the Foothills Park environment. I cannot believe that Acterra is really attempting to do this. It is depressing to find the"environmental stewards"trying to misuse,overuse,and threaten our beautiful nature preserve. I am sickened by the CPA's and especially Acterra's actions. I will soon be visiting city hall,the people authorizing this event,the CPA park use penmit(s)--checking for size limits, conformity to our park rules,and any camping provisions and limits,as well as those responsible for protecting our Foothills Park nature preserve. In my opinion,the management of and the policies for Foothills Park need to be seriously reviewed. Please, I beg you on behalf of the animals and plants of Foothills Park,cancel or move your music concert somewhere else. Sincerely, Doug Cox i I i 6/25/2004 Regional Open Ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION June 29, 2004 Amy Pertschuk, Director of Operations eNature.com 1045 Sansome St., Ste. 304 San Francisco, CA 94111 Dear Ms. Pertschuk: Thank you for providing the Midpeninsula Regional Open Space District with the opportunity to participate in eNature's Open Space District Partnership Program. The District is pleased to bring the On-line Wildlife Guides to its web site. The District is in the process of redesigning its web site, and the customized On-Line Wildlife Guides will be an exciting addition. The Guides will greatly enhance our community outreach efforts and will support our existing educational and interpretive programs and activities. The comprehensive and engaging Guides to local flora and fauna will aid in increasing our visitors' appreciation and understanding of the value of the open space preserves. In addition, the Guides will promote a greater respect for the plant and animal life visitors may encounter while on the preserves. As the eNature feature attracts new and repeat web users, the District recognizes the value in having additional opportunities to share other important information about our agency. The On-line Wildlife Guides are a wonderful complement to the Midpeninsula Regional Open Space District's mission of preservation,protection, and public enjoyment of open space land. We are excited to work with you in the coming months to provide this valuable resource to the public. Thank you again for the opportunity. Sincerely, L. Craig Britton, General Manager lcb/kw cc: MROSD Board of Directors 33o Distel Circle 650-69r12oo InfOIlbOpenspace.Org BOARD OF DIRECTORS:Pete Siemens,Mary Davey Jed Cyr, GENERAL MANAGER: 6 o-6 i-o fax www.o ns ace.or Deane Little Nanette Hanko Larry Hossett Kenneth C.Nitz L Craig Britton Altos cn ou-i o 9 Los A 5 9 485 , 44 4 4 Pe P g rY INTEROFFICE MEMORANDUM June 21, 2004 TO: L. Craig Britton, General Manager FROM: G. Baillie, Management Analyst SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY Month May Year 2004 VIOLATIONS CITES TOTALS CRIMES TOTALS Bicycles Suspended license violation 1 Closed area 4 4 Minor poss alcohol 1 Speed 13 22 Marijuana cultivation 1 Helmet 15 24 False information to Officer 4 Night-riding 0 8 Dogs ACCIDENTS/INCIDENTS Prohibited area 2 6 Bicycle accident 2 Off-leash 14 18 Equestrian accident 0 Off-road vehicles 2 3 Hiking/running accident 1 Closed area 0 10 Other first aid 1 After hours 1 3 Search& Rescue 3 Fishing 0 0 Vehicle accident 1 Vandalism 0 5 LZ air evacuation 0 Parking 10 11 Fire 0 Parking after hours 12 23 Dumping 0 1 ENFORCEMENT Camping 0 0 Parking citations 22 Weapons Other citations 51 Actual contact 0 0 Written warnings 49 Report only 0 0 Arrests 0 Evidence of 0 0 Police assistance 1 Collecting insects/plants 0 4 Alcohol - open container 0 1 MUTUAL AID Smoking 0 6 Accident 4 Tree poaching 0 1 Law enforcement 1 Encroachment/ Landing zone off-site 0 unlawful construction 0 1 Fire 1 Fireworks 0 1 Skating 0 1 Release of animals 0 1 Trespass 0 1 SUMMARY OF SIGNIFICANT INCIDENTS BY DATE Date 5 B. Guzman discovered a marijuana cultivation site while on foot patrol in the Jacques Ridge area of Sierra Azul. The site contained hand tools, fertilizer, and approximately 30 cups with 3 to 4 sprouts in each cup. He notified Santa Clara County Sheriff's Department. The Santa Clara County marijuana eradication team and B. Malone found more pots and irrigation line running from the creek. The sheriff's team did surveillance in the area for several days and arrested two people for marijuana cultivation. 7 B. Malone contacted an occupied vehicle after hours on Mt. Umunhum Road in Sierra Azul. There was an open alcohol container in the car. The driver was found to have an outstanding warrant. He was cited for after hours use and warned for the alcohol. A Santa Clara County Sheriff's deputy responded and cited the man for the outstanding warrant. 8 C. Baressi discovered that two trees in Long Ridge, at Portola Heights and Long Ridge roads, had been cut down and removed. The trees were Douglas Firs from 5 to 8 inches in diameter. No suspects were seen in the area. 9 Four rabbits were released without authority in Russian Ridge. L. Paterson and E. Wickham were able to catch three of the them and took them in as pets. 14 B. Malone observed a juvenile walking alone on Reynolds Road in Sierra Azul. The girl was carrying a wine cooler and was associated with a car parked down the road. There were three additional youths, all under 21, with two more wine coolers. B. Malone had all containers dumped out. The driver did not seem impaired and all youths were released. The girl's grandfather responded to pick her up. 14 J. Smith responded to Rancho San Antonio on the report of a 70-year-old hiker complaining of dizziness and nausea. J. Smith picked up a paramedic and drove to the victim on the High Meadow Trail. The hiker was transported to Deer Hollow Farm by patrol truck with the paramedic attending, then transported by ground ambulance to El Camino Hospital. Rangers F. Reneau, L. Paterson and C. Barresi also responded. 25 An illegal trail from Waterwheel Creek Trail to Canyon Trail in Monte Bello was discovered by J. Lloyd and T. Lausten. There were numerous bicycle tracks. Downed logs and branches were converted into bridges and jumps. Fresh tree limb clippings were found. Two plastic sheets were found rolled up and hidden off the trail. Santa Clara County Sheriffs Office Narcotics Task Force was notified due to possible cultivation activities in regards to the plastic sheets. The area will be monitored for future activity. 29 R. Carlson stopped two off road motorcyclists riding in a closed area of La Honda Creek. The two male juveniles each were riding with female juveniles on the rear seat. Both operators were issued citations, their parents were notified, and they were released. B. Malone and J. Lloyd assisted. This site has had frequent illegal off road use in the past several months. May vandalism 3 A brace on a gate at Bear Creek was broken. 10 Fencing at La Honda Creek had broken split rails, enabling illegal motorcycle access. 19 A directional sign in Sierra Azul was scratched. 25 The signboard at Long Ridge was pried open and a new trail map was stolen. 27 Graffiti in the design of a tag mark was found on the stile at the new trail in Long Ridge. Claims No 04-10 Meeting 04-15 Date 07/14/04 Revised Midpeninsula Regional Open Space District # Amount Name Description 1146 $68.83 1-800-Conference Telephone Conference-Coastal Protection Program Fiscal Analysis 1147 $9,870.41 2M Associates Coastal Annexation Consultant Study 1148 $76.68 Accents&Artech Lamination Supplies 1149 $15.00 Ace Fire Equipment&SVC CO. Fire Extinguisher Servicing 1150 $383.04 ADT Security Services Burglar Alarm Service 1151 $454.38 All Laser Service Printer Service&Toner Cartridges 1152 $40.00 Allen's Press Clipping Bureau Media Clips 1153 $2,157.13 Allied Auto Works Vehicle Service and Repair 1154 $43.30 Anderson Engraving (4)Name Badge Engraving 1155 $2,800.00 Arcturus GPS&Conventional Surveys Pulgas Ridge Land Survey 1156 $215.54 AT&T Wireless Cellular Phone Service 1157 $203.51 Bailey's Field Equipment 1158 $695.64 Barg Coffin Lewis&Trapp Legal Services-Guadalupe Watershed 1159 $86.60 Bay Area Air Quality Mgmnt District Permit to Operate Fuel Tank-SFO 1160 $262.50 Bruce Barton Pump Service,Inc. Water Pump-Quam Property 1161 $158.69 California Water Service Company Water Service 1162 $8,536.51 Carter Industries Vehicle Supplies-Truck Cabs 1163 $6,064.78 Cascade Fire Equipment Company Field Supplies 1164 $140.00 Clark Pest Control Pest Control Services 1165 $303.77 Costco Supplies 1166 $181.86 Cotterel,Scott Reimbursement-Uniform Expense 1167 $1,103.00 #1 County of San Mateo Lot Line Adjustment-San Francisco Surplus Parcel 1168 $75.00 Cupertino Bike Shop Bicycle Supplies 1169 $351.46 David Edwards-Great! Printing Services-ECDM Maps 1170 $90.00 Del Rey Building Maintenance Janitorial Services 1171 $5,944.84 Design Concepts Graphic Design Services-Brochures&Summer 2004 Newsletter 1172 $166.91 Dorfman Pacific Field Supplies 1173 $1,166.50 Environmental Science Associates Consulting Services-Environmental Review 1174 $825.00 Ergo Vera Ergonomic Evaluations 1175 $9,996.96 Fenton Communications Communications&Public Affair Services-San Mateo County Coastal Protection Program 1176 $4,623.19 First Bankcard 1604.50-Training&Conf.Exp 2170.72-Field Equip.Supp.&Uniform Exp. 116.67-Subs.&Books 426.36-RMD Permit 38.95-Out of Town Business Meeting 169.95-intemet Services&Tech Support 96.04-Special Event Supplies 1177 $269.69 Forestry Supplies,Inc. Field Supplies 1178 $107.18 G&K Service Shop Towel Service 1179 $802.48 Gardenland Power Equipment Field Supplies&Equipment 1180 $184.45 General Graphics Exhibits Display Panels 1181 $27.06 Goodco Press,Inc. Printing Services-Business Cards 1182 $183.44 Green Waste Recovery,Inc. Garbage Services Page 1 of 3 Claims No 04-10 Meeting 04-15 Date 07/14/04 Revised Midpeninsula Regional Open Space District # Amount Name Description 1183 $1,144.05 Guy Plumbing&Heating,Inc. Water Heater-Enterprise Rental Unit 1184 $63.87 H.M.B.Building&Garden,Inc. Field Supply 1185 $48.00 Half Moon Bay Review Annual Subscription 1186 $300.00 Jed Cyr Reimbursement-2004 Special District Conference 1187 $45.00 Jim Davis Auto Vehicle Smog Tests 1188 $200.00 Kevin Emery Builder Property Inspection 1189 $190.37 L.C.Action Uniforms 1190 $299.86 Langley Hill Quarry Septic Covers&Rocks for Nature Center Drinking Fountain 1191 $1,399.48 Larry Hassett Reimbursement-2004 Special District Conference 1192 $100.47 LexisNexis Legal Publications 1193 $152.00 Liebert Cassidy Whitmore Legal Services 1194 $991.37 Los Altos Garbage Co. Refuse Services 1195 $2,405.32 MetroMobile Communications Radios&Radio Repairs 1196 $74.20 Minton's Lumber&Supply Field Supply 1197 $334.00 Monster Mechanical,Inc. HVAC Maintenance&Repair-Admin.Office&Tenant Space 1198 $176.99 Mountain View Garden Center Rental Repairs 1199 $2,850.00 Native Solutions Herbicide Spray Services 1200 $234.82 Newbum,Michael Tuition Reimbursement 1201 $843.24 Office Depot Office Supplies 1202 $499,000.00 # Old Republic Title Company Ball Land Acquisition 1203 $471.62 Orchard Supply Hardware Field Equipment&Supplies 1204 $85.24 Orlandi Trailer Trailer Accessories 1205 $217.83 Panko Architects Architectural Service-FFO Shop Facility 1206 $476.62 Pringle Tractor Co. Tractor Supplies 1207 $37.87 Rancho Hardware&Garden Shop Field Supplies 1208 -'-$2,160.00 Ray Budzinski Consulting Services-Big Dipper Ranch 1209 $11.11 Robert's Hardware Field Supplies 1210 $85.39 Roessler,Cindy Mileage Reimbursement 1211 $798.70 Roys Repair Service Vehicle Repairs&Service 1212 $131.52 Safety Kleen Oil Recycling&Solvent Tank Service 1213 $489.59 San Jose Water Company Water Service 1214 $70.00 San Mateo Co.Public Health Lab. Tick Testing 1215 $3,070.00 #2 San Mateo County Planning&Bldg Building Permit Fee-Virginia Mill Trail&Grab Town Gulch Division Trail Repair Project 1216 $1,493.22 SBC Payment Center Telephone Service 1217 $520.48 Shell Credit Card Center Fuel 1218 $194.55 Skyline County Water District Water Service 1219 $58.35 Summit Uniforms Uniform Expense 1220 $656.43 Tadco Supply Janitorial Supplies 1221 $99.00 Team Management Briefings Annual Subscription 1222 $386.45 The Workingman's Emporium Uniforms 1223 $2,567.43 Tires on the Go Tires&Tire Repairs 1224 $481.71 Trimble Navigation Trimble GPS Software 1225 $11.50 United Parcel Service Parcel Shipping Page 2 of 3 Claims No 04-10 Meeting 04-15 Date 07/14/04 Revised Midpeninsula Regional Open Space District # Amount Name Description 1226 $125.22 United Rentals Northwest,Inc. Equipment Rental 1227 $38.50 Verizon Pager Service 1228 $2,811.91 Western Press&Mail Handling/Processing-Summer 2004 Newsletters& Revised Coastal Mailing List 1229 $250.00 Woodside&Portola Private Patrol Patrol Services-Windy Hill 1230 $87.81 Xpedite Fax Broadcast System Services 1231 $70.12 Yee,Amelia Reimbursement-Local Business Meeting 1232 R $28.24 AT&T Wireless Cellular Phone Service 1233 R $394.61 Avaya,Inc. Annual Telephone Service Agreement 1234 R $64.93 Beckman,Craig Reimbursement-Field Supply 1235 R $25.98 Kinko's Printing Services 1236 R $184.99 McKowan,Paul Reimbursement-Event Supplies 1237 R $108.53 SBC Telephone Service Total $588,293.82 # In the event agenda item is not approved,this claim will not be processed. #1 Urgent Check Issued 07/01/04 #2 Urgent Check Issued 06/30/04 it Page 3 of 3 I Claims No 04-10 Meeting 04-15 Date 07/14/04 Midpeninsula Regional Open Space District # Amount Name Description 1146 $68.83 1-800-Conference Telephone Conference-Coastal Protection Program Fiscal Analysis 1147 $9,870.41 2M Associates Coastal Annexation Consultant Study 1148 $76.68 Accents&Artech Lamination Supplies 1149 $15.00 Ace Fire Equipment&SVC CO. Fire Extinguisher Servicing 1150 $383.04 ADT Security Services Burglar Alarm Service 1151 $454,38 All Laser Service Printer Service&Toner Cartridges 1152 $40.00 Allen's Press Clipping Bureau Media Clips 1153 $2,157.13 Allied Auto Works Vehicle Service and Repair 1154 $43.30 Anderson Engraving (4)Name Badge Engraving 1155 $2,800.00 Arcturus GPS&Conventional Surveys Pulgas Ridge Land Survey 1156 $215.54 AT&T Wireless Cellular Phone Service 1157 $203.51 Bailey's Field Equipment 1158 $695.64 Barg Coffin Lewis&Trapp Legal Services-Guadalupe Watershed 1159 $86.60 Bay Area Air Quality Mgmnt District Permit to Operate Fuel Tank-SFO 1160 $262.50 Bruce Barton Pump Service,Inc. Water Pump-Quam Property 1161 $158.69 California Water Service Company Water Service 1162 $8,536.51 Carter Industries Vehicle Supplies-Truck Cabs 1163 $6,064.78 Cascade Fire Equipment Company Field Supplies 1164 $140.00 Clark Pest Control Pest Control Services 1165 $303.77 Costco Supplies 1166 $181.86 Cotterel,Scott Reimbursement-Uniform Expense 1167 $1,103.00 #1 County of San Mateo Lot Line Adjustment-San Francisco Surplus Parcel 1168 $75.00 Cupertino Bike Shop Bicycle Supplies 1169 $351.46 David Edwards-Great! Printing Services-ECDM Maps 1170 $90.00 Del Rey Building Maintenance Janitorial Services 1171 $5,944.84 Design Concepts Graphic Design Services-Brochures&Summer 2004 Newsletter 1172 $166.91 Dorfman Pacific Field Supplies 1173 $1,166.50 Environmental Science Associates Consulting Services-Environmental Review 1174 $825.00 Ergo Vera Ergonomic Evaluations 1175 $9,996.96 Fenton Communications Communications&Public Affair Services-San Mateo County Coastal Protection Program 1176 $4,623.19 First Bankcard 1604.50-Training&Conf. Exp 2170.72-Field Equip.Supp.&Uniform Exp, 116.67-Subs.&Books 426.36-RMD Permit 38.95-Out of Town Business Meeting 169.95-Intemet Services&Tech Support 96.04-Special Event Supplies 1177 $269.69 Forestry Supplies,Inc. Field Su pplies 1178 $107.18 G&K Service Shop Towel Service 1179 $802.48 Gardenland Power Equipment Field Supplies&Equipment 1180 $184.45 General Graphics Exhibits Display Panels 1181 $27.06 Goodco Press,Inc. Printing Services-Business Cards 1182 $183.44 Green Waste Recovery,Inc. Garbage Services Page 1 of 3 Claims No 04-10 Meeting 04-15 Date 07/14/04 Midpeninsula Regional Open Space District # Amount Name Description 1183 $1,144.05 Guy Plumbing&Heating,Inc. Water Heater-Enterprise Rental Unit 1184 $63.87 H.M.B.Building&Garden,Inc. Field Supply 1185 $48.00 Half Moon Bay Review Annual Subscription 1186 $300.00 Jed Cyr Reimbursement-2004 Special District Conference 1187 $45.00 Jim Davis Auto Vehicle Smog Tests 1188 $200.00 Kevin Emery Builder Property Inspection 1189 $190.37 L.C.Action Uniforms 1190 $299.86 Langley Hill Quarry Septic Covers&Rocks for Nature Center Drinking Fountain 1191 $1,399.48 Larry Hassett Reimbursement-2004 Special District Conference 1192 $100.47 LexisNexis Legal Publications 1193 $152.00 Liebert Cassidy Whitmore Legal Services 1194 $991.37 Los Altos Garbage Co. Refuse Services 1195 $2,405.32 MetroMobile Communications Radios&Radio Repairs 1196 $74.20 Minton's Lumber&Supply Field Supply 1197 $334.00 Monster Mechanical,Inc. HVAC Maintenance&Repair-Admin.Office&Tenant Space 1198 $176.99 Mountain View Garden Center Rental Repairs 1199 $2,850.00 Native Solutions Herbicide Spray Services 1200 $234.82 Newbum,Michael Tuition Reimbursement 1201 $843.24 Office Depot Office Supplies 1202 $500,000.00 # Old Republic Title Company Ball Land Acquisition 1203 $471.62 Orchard Supply Hardware Field Equipment&Supplies 1204 $85.24 Orlandi Trailer Trailer Accessories 1205 $217.83 Panko Architects Architectural Service-FFO Shop Facility 1206 $476.62 Pringle Tractor Co. Tractor Supplies 1207 $37.87 Rancho Hardware&Garden Shop Field Supplies 1208 $2,160.00 Ray Budzinski Consulting Services-Big Dipper Ranch 1209 $11.11 Robert's Hardware Field Supplies 1210 $85.39 Roessler,Cindy Mileage Reimbursement 1211 $798.70 Roy's Repair Service Vehicle Repairs&Service 1212 $131.52 Safety Kleen Oil Recycling&Solvent Tank Service 1213 $489.59 San Jose Water Company Water Service 1214 $70.00 San Mateo Co.Public Health Lab. Tick Testing 1215 $3,070.00 #2 San Mateo County Planning&Bldg Building Permit Fee-Virginia Mill Trail&Grab Town Gulch Division Trail Repair Project 1216 $1,493.22 SBC Payment Center Telephone Service 1217 $520.48 Shell Credit Card Center Fuel 1218 $194.55 Skyline County Water District Water Service 1219 $58.35 Summit Uniforms Uniform Expense 1220 $656.43 Tadco Supply Janitorial Supplies 1221 $99.00 Team Management Briefings Annual Subscription 1222 $386.45 The Workingman's Emporium Uniforms 1223 $2,567.43 Tires on the Go Tires&Tire Repairs 1224 $481.71 Trimble Navigation Trimble GPS Software 1225 $11.50 United Parcel Service Parcel Shipping Page 2 of 3 Claims No 04-10 Meeting 04-15 Date 07/14/04 Midpeninsula Regional Open Space District # Amount Name Description 1226 $125.22 United Rentals Northwest,Inc. Equipment Rental 1227 $38.50 Verizon Pager Service 1228 $2,811.91 Western Press&Mail Handling/Processing-Summer 2004 Newsletters& Revised Coastal Mailing List 1229 $250.00 Woodside&Portola Private Patrol Patrol Services-Windy Hill 1230 $87.81 Xpedite Fax Broadcast System Services 1231 $70.12 Yee,Amelia Reimbursement-local Business Meeting it Total $588,486.54 # In the event agenda item is not approved,this claim will not be processed. #1 Urgent Check Issued 07/01/04 #2 Urgent Check Issued 06/30/04 Page 3 of 3