HomeMy Public PortalAbout20040825 - Agendas Packet - Board of Directors (BOD) - 04-18 i
Regional Open ,' ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 04-18
REGULAR AND SPECIAL MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
6:30 p.m.
Wednesday, August 25, 2004
330 Distel Circle
Los Altos, California
AGENDA*
Please Note: 6:30 p.m. Closed Session Special Meeting Start Time
7:30 p.m. Regular Meeting Start Time
6:30 ROLL CALL
SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT—CLOSED SESSION
The Closed Session will begin at 6:30 p.m. At the conclusion of the Closed Session,the Board will adjourn
the Special Meeting Closed Session to the Regular Meeting, and, at the conclusion of the Regular Meeting,
the Board may reconvene the Special Meeting Closed Session.
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. Public Employment—Government Code Section 54957(b)(1)
Public Employee Performance Evaluation—Controller
3. Conference with Labor Negotiator—Government Code Section 54957.6
Agency Negotiators—Directors,Jed Cyr, Mary Davey and Pete Siemens
Non-represented Employees—Controller
7:30* REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL
OPEN SPACE DISTRICT
**
ORAL COMMUNICATIONS—Public
ADOPTION OF AGENDA—M. Davey
ADOPTION OF CONSENT CALENDAR—M. Davey
*** WRITTEN COMMUNICATIONS
BOARD BUSINESS
7:40* 1 Proposed Addition of the Curto Property to the Cathedral Oaks Area of Sierra Azul Open Space
Preserve(Santa Clara County Assessor's Parcel Number 558-26-004); Determine that the
Recommended Actions are Categorically Exempt from California Environmental Quality Act;
Adopt the Attached Resolution Authorizing Purchase of the Curto Property; Tentatively Adopt the
Preliminary Use and Management Plan Recommendations Contained in This Report and Naming
330 Distel Circle * Los Altos, CA 94022-1404 * Phone:650-691-1200
Fax: 650-691-0485 * E-mail: mrosd@openspace.org openspace.org * Web site:www.openspace.org C1FOREsr
f3owd of Dire(tors:Pet(,Siemens,Mary C. Davey,Jed Cyr,Deane Little, Nonette Hanko, Larry Hassett, Kenneth C. Nitz - General Manager:L.Craig Britton
Meeting 04-18 Page 2
the Property as an Addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve;
Indicate Your Intention to Withhold Dedication of the Property as Public Open Space at this Time
D. Woods
7:50* 2 Adoption of Ordinance 04-01 Amending District's Land Use Regulations and Adoption of an
Amended Bail Schedule—G. Baillie
8:20* 3 Notice of Intent to Participate in the San Francisco Estuary Invasive Spartina Project; Authorize
General Manager to Allow for Use of Herbicides in Controlling Invasive Non-Native Smooth
Cordgrass(Spartina alterniflora)as Part of the Tidal Restoration Activities at Ravenswood Open
Space Preserve—A. Ruiz
8:30* 4 Approval of Salary Adjustment and Meritorious Pay Award for District General Manager and
Approval of District General Manager's Employment Agreement; Adopt Resolution Approving
General Manager's Employment Agreement to Reflect a three point Adjusted Salary and Approving
a 5%Meritorious Pay Award—Ad Hoc Committee
8:35* 5 Approval of Salary Adjustment and Meritorious Pay Award for District General Counsel and
Approval of District General Counsel's Employment Agreement; Adopt Resolution Approving
General Counsel's Employment Agreement to Reflect a three point Adjusted Salary and Approving
a 5% Meritorious Pay Award—Ad Hoc Committee
6 Approve Revision of Board Policy BP-03-01 Salaried Employee Policies and Procedures to Reflect
Changes in the Department of Labor Regulations that Became Effective August 23, 2004
J. Cimino
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 Si. 2e
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION
NOTICE OF ADJOURNMENT OF
AUGUST 19,2004 SPECIAL MEETING TO AUGUST 23, 2004 AT 12:00 p.m.
LEGISLATIVE, FINANCE, AND PUBLIC AFFAIRS COMMITTEE
The Special Meeting of the Legislative, Finance and Public Affairs Committee met on
Thursday, August 19, 2004. At 3:00 p.m. the Special Meeting was adjourned to:
12:00-1:30 P.M. Nonette Hanko, Chair
Monday Pete Siemens
August 23, 2004 Jed Cyr
Location: 330 Distel Circle
Los Alto, California 94022
12:00 ROLL CALL
ADOPTION OF AGENDA
12:05* COMMITTEE BUSINESS:
1) REVIEW OF DISTRICT ORDINANCE AMENDMENTS.
2) POTENTIAL ALTERNATE NAMES FOR MILLS CREEK OPEN
SPACE PRESERVE.
3) REVIEW OF VISITOR SATISFACTION SURVEY.
4) SCHEDULE NEXT COMMITTEE 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.
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33o Distel Circle 650-691-1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,MaryDoveyledCyr, GENERAL MANAGER:
Los Altos CA 94022-1404 650-69r0485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hossett,Kenneth C.Nitz L.Craig Britton
Regional Open Space
--------------
R-04-81
Meeting 04-18 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
August 25,2004 CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION
AGENDA ITEM I
AGENDA ITEM
Proposed Addition of the Curto Property to the Cathedral O Jcs Area o Sierra Azul Open Space Preserve
(Santa Clara County Assessor's Parcel Number 558-26-00 )
GENERAL MANAGER'S RECOMMENDATIONS
1. Determine that the recommended actions are categorically exempt from the Caliform
Environmental Quality Act as set out in this report.
2. Adopt the attached Resolution authorizing purchase of the Curto property.
3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this
Report and name the property as an addition to the Cathedral Oaks Area of Sierra Azul Open
Space Preserve.
4. Indicate your intention to withhold dedication of the property as public open space at this time.
DESCRIPTION(see attached maps
The 160-acre Curto property is located southeast of Los Gatos between Lexington Reservoir and Lake
Elsman. Mostly surrounded by District and San Jose Water Company land,the property is situated on a
steep west-facing hillside above Los Gatos Creek,a hillside that is extremely scenic and forms the
backdrop to the Lexington Reservoir Basin. A lengthy loop-trail experience in this otherwise remote
portion of Sierra Azul Open Space Preserve would be possible by using an overgrown road that climbs
through this property and connects to an existing ridgetop trail near the eastern boundary. Southwesterly
views along the trail extend toward Bear Creek Redwoods Open Space Preserve and as far as Santa Cruz.
A perennial creek and diverse landscape provide excellent habitat for a variety of wildlife, including the
California mountain lion. This acquisition is most important in terms of protecting watershed and
wildlife habitat, scenic views from adjacent public lands and scenic highways, and providing public
recreational trail opportunities.
The square-shaped property is bounded by District property to the south, San Jose Water Company lands
to the west and north,and private property to the east and partially to the west. From the eastern
boundary,at an elevation of nearly 2,600 feet, a prominent ridge descends steeply toward Los Gatos
Creek. Perennial creeks to the north and south of the ridge gather water from a number of springs located
on the property. The drainages are densely wooded with bay,madrone,and oak trees. Near the
southwestern corner of the property,where residential development has occurred in the past,a 2 %-acre
island of eucalyptus trees surrounds the ruins of an old homesite. A few black walnut trees appear in the
eucalyptus grove. The property was entirely within the area engulfed by the 1985 Lexington Area Fire
and the vegetation has reestablished with vigor. The riparian corridors are lush and densely forested and
chaparral covers the hillsides.
Access to the property is from the end of Wright's Station Road along an unsurfaced patrol road that
33o Distel Circle 650-69t-1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER:
Los Altos CA 94022-1404 650-6gi-0485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz L.Craig Britton
R-04-81 Page 2
climbs northward through San Jose Water Company land and District land before becoming overgrown
near where it enters the property at the southwestern corner. This road once continued up the ridge to the
east boundary and eventually connected to an existing District patrol road at the top of the former Cothran
property. From the upper ridge road,one can follow an overgrown fire road that extends in the northerly
direction to Mt. Thayer or take the patrol road back down the hill to Wright's Station Road,thus
completing a three-mile loop.
In addition to the road passing through the property,there are other remnants of past improvements and
activities,including the remains of a single-family residence,water system, small dry reservoir,three
vehicles,household appliances,and various forms of household debris. The residence was seriously
burned in the 1985 Lexington Area fire and was never rebuilt and reoccupied; only a portion of the brick
and mortar walls remained after the ceiling collapsed during the fire. Due to the site's isolated location
and the overgrown vegetation on the access road,the area has remained relatively undisturbed since the
fire.
USE AND MANAGEMENT PLAN I
Planning Considerations
The property is located within the District boundary in an unincorporated area of Santa Clara County. It I
is zoned HS (Hillside),requiring one dwelling unit per 160 acres,unless the development is clustered,
whereby the allowable density is based on the average steepness of the property. The property has a legal
density of one dwelling unit,but has no deeded access rights. The property would be difficult to develop
for residential purposes due to the length of the access road,the steep slopes,and the absence of a legal
easement.
The property is rated in the District's Open Space Master Plan as one that has moderate composite open-
space values. The District's Regional Open Space Study shows the property to be land worth considering
for acquisition and includes two potential trail routes: one extending up the east-west ridge,completing a
loop trail back to Wright's Station Road, and the other extending northward into Hooker Gulch and
connecting to District property near Soda Springs Road. The Santa Clara Countywide Trails Master Plan
show a proposed regional trail in the vicinity of the roe and along the Los Gatos Creek corridor.
s
p p g tY property g
This trail could provide access to a three-mile loop trail encircling the southwest corner of the Preserve.
Preliminary Use and Management Plan Recommendations
The Preliminary Use And Management Plan will take effect at the close of escrow and will remain
effective until the Plan is amended or a Comprehensive Use and Management Plan or Master 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
ienvironmental review and public input.
Public Access: Closed to public use at this time; existing roads and trails will be assessed for potential
public recreation and patrol as part of the Master Plan being prepared for the surrounding preserve.
Signs: "Closed Area"signs and preserve boundary signs will be installed where appropriate.
Road Maintenance: Road will be reopened between the southern property boundary and the location of
the old homesite to facilitate clean up of the developed area.
Clean up: Remains of the homesite, appliances,vehicles and other debris will be removed and the area
will be restored to a more natural condition.
R-04-81 Page 3
Restoration: Eucalyptus trees were mapped for the Resource Inventory that was prepared as part of the
Sierra Azul Master Plan,and this information will be integrated into the District-wide comprehensive
plan and schedule for control of exotic and invasive plants.
Patrol: The property will be regularly patrolled.
Dedication: Indicate your intention to withhold dedication of this land as public open space at this time.
Name: Name the property as an addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve.
Site Safety Inspection: Preliminary inspection is complete and a recommendation has been made to
remove the remains of structures,vehicles, and debris; comprehensive inspection will be completed
before the close of escrow.
CEQA COMPLIANCE
Project Description
The project consists of the acquisition of a 160-acre parcel of land as an addition to the Cathedral Oaks
Area of Sierra Azul Open Space Preserve,and the concurrent adoption of a Preliminary Use and
Management Plan for the property. The remains of an old homesite and associated debris will be
removed from the property. Ultimately,the property will be included in a comprehensive Use and
Management Plan for Siena Azul Open Space Preserve. The land will be permanently preserved as open
space and will be maintained in a natural condition. It will be open to the public for low-intensity
recreation.
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 Article 19, Sections
15301, 15316, 15317, 15325, and 15061 of the CEQA Guidelines.
Section 15301(1)exempts demolition and removal of individual small structures that have no cultural,
historical or architectural significance and exempts the removal of accessory structures including garages,
carports,patios, swimming pools and fences. The property contains the remains of a small residence and
small accessory structures which fall within this category.
Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural condition
and the management plan proposes to keep the area in a natural condition. The use and management plan
specifies the property will be maintained in a natural condition.
Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an
area. The District will accept fee interests and will maintain the property as open space.
Section 15325 exempts transfers of ownership of interests in land in order to preserve open space.
The acquisition will transfer ownership to the District and ensure the property is preserved as open space.
i
This acquisition qualifies under three sections. The actions proposed in the Preliminary Use and
Management Plan are also exempt under Section 15061(d)as there is no possibility the actions may have
a significant effect on the environment.
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R-04-81 Page 4
TERMS AND CONDITIONS
The 160-acre Curto property is being acquired at a purchase price of$400,000,or approximately$2,500
per acre. The property is currently listed for sale at$795,000 on the open real estate market. As part of
this transaction,the District has agreed to pay the seller's side of the real estate commission of 3%or
$12,000. The total District purchase price for this acquisition is$412,000,which is payable in cash at the
close of escrow. The purchase price is considered to be fair and reasonable in this market area.
The property is being acquired on an"as-is"basis,and staff has conducted due diligence investigations
and an inspection of the property. The District will assume responsibility for the clean up and removal of
the burned remains of the residential structure,cars,and associated debris at an estimated cost of$20,000.
Staff has reviewed all of Santa Clara County's property records and files, and is satisfied that no
underground storage tanks or hazardous conditions exist on the property,with the exception of the burned
remains of the homesite.
1
Budget Considerations
2004-2005 Budget for Land Acquisition
New Land $15,000,000
New Land Purchased this Year (716,951)
Curto Property (412,000)
Acquisition Budget Remaining 13.871.049
Controller M. Foster was consulted on these proposed acquisitions and has indicated that,considering
cash flow and account balances, funds are available for this property purchase.
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 Acquisition Planner
Michael C. Williams, Real Property Manager
Map prepared by:
Matt Sagues, Planning Technician
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Contact person:
Michael C. Williams, Real Property Manager
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Proposed Curto Acquisition
Sierra Azul Open Space Preserve
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RESOLUTION NO. 04-
RESOLUTION OF THE BOARD OF DIRECTORS OF
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING ACCEPTANCE OF PURCHASE
AGREEMENT,AUTHORIZING GENERAL MANAGER OR
OFFICER TO EXECUTE THE 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
(SIERRA AZUL OPEN SPACE PRESERVE—LANDS OF
CURTO)
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 offer contained in that certain Purchase Agreement between Sam Curto and Midpeninsula
Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof,
and the President of the Board of Directors or an appropriate officer is authorized to execute the Purchase
Agreement on behalf of the District.
Section Two. The General Manager or President of the Board of Directors or other appropriate
officer is authorized to execute a Certificate of Acceptance 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 and General Counsel are further authorized to approve any
technical revisions to the attached Purchase Agreement and other transactional documents that do not
involve any material change to any term of the Purchase Agreement and that are necessary or appropriate
to the closing or implementation of this transaction.
Section Four. The General Manager of the District is authorized to expend up to$30,000 to
cover the cost of title insurance, escrow fees, demolition,and clean up costs and other miscellaneous costs
related to this transaction.
Section Five. It is intended,reasonably expected,and hereby authorized that the District's general
fund will be reimbursed in the amount of$412,000 from the proceeds of the next long-term District note
issue. This Section of this Resolution is adopted by the Board of Directors of Midpeninsula Regional
Open Space District solely for purposes of establishing compliance with the requirements of Section
1.103-18 of the Treasury Regulations. The reimbursement of this payment expenditure is consistent with
the District's budgetary and financial circumstances. There are no funds or sources of moneys of the
District that have been, or are reasonably expected to be, reserved or allocated on a long-term basis,or
otherwise set aside to pay the costs of this open space land acquisition project which are to be paid or
reimbursed out of proceeds of indebtedness to be issued by the District. The Board of Directors hereby
declares the District's official intent to use proceeds of indebtedness to reimburse itself for this open space
land acquisition project expenditure.
Regional Open Sp.-ce
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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION
R-04-80
Meeting 04-18
August 25, 2004
AGENDA ITEM 2
AGENDA ITEM
Adoption of Ordinance 04-01 Amending the District's Lan Regulations and Adoption of an
Amended Bail Schedule.
GENERAL MANAGER'S RECO
1. Adopt Ordinance No. 04-01 amending the District's Land Use Regulations 93-1 and all
amendments thereto.
2. Adopt the Amended Bail Schedule.
DISCUSSION
The District's Land Use Regulations are utilized to implement the Board's Basic Policy, to
provide the framework for educating the public about acceptable uses of District lands, and to
provide regulations necessary for the proper administration, governance, protection and use of
District lands.
The current Ordinance was adopted in July 1993 (Ordinance 93-1) and has been amended several
times over the intervening years; however no major revisions have been made since 1993.
Since the original adoption of the Ordinance there have been a number of changes in the law and
court decisions which necessitate revisions to the District Land Use Regulations. In addition,
new forms of use, such as so-called"Extreme Mountain Biking," pose new challenges to
resource protection and protection of the more passive visitor experience which need to be met
with updated regulations.
Many of the changes which are recommended are based upon input from the District's field staff
who have direct knowledge of the issues which they face in the field. The proposed changes
have also been reviewed by outside legal counsel, who has extensive experience in dealing with
required public agency law enforcement procedures. District legal counsel has also reviewed the
proposed changes. A comprehensive Legislative, Finance and Public Affairs Committee
33o Distel Circle 650-691-1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER:
Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz L.Craig Britton
R-04-80 Page 2
meeting was held and continued to a second day regarding the proposed changes. These
meetings were open to the public.
Some sections which were previously listed in the Land Use Regulations have been deleted
where the section has been preempted by State law. Where there is a State law which fully
regulates certain conduct, a local agency is preempted from adopting the same law. An example
is the former section on littering which is preempted by a section of the Penal Code. In instances
of littering, District rangers are authorized to enforce the appropriate Penal Code section to deal
with the incident. The State law authority would also apply to other preempted regulations.
As part of the process of revising the Land Use Regulations, a number of sections have been
moved to facilitate reader comprehension, and to more logically group similar items. Sections
which are misdemeanors have been more clearly identified as such, and one new misdemeanor
section has been added.
The proposed revisions to the Bail Schedule will bring District bail amounts in closer
conformance to those of surrounding park agencies. The Bail Schedule must be submitted to the
Court by September 4, 2004.
Copies of the amended Ordinance and proposed Bail Schedule will be provided to Board
members on Monday, August 23.
Prepared by:
Gordon Baillie, Management Analyst
Contact person:
Same as above
Midpeninsula Regional Open Space District Proposed
Bail Schedule
4)
M
Cr
ID C- CC,
41 Bail C 0
Current Bail 4) >% Proposed W W M Z.-
a.- 0. 4) U
SECTION OFFENSE CL � CL 0) Increase/
Amount Bail Amount E cc
Decrease 4)
r
t
= 0 U)
o L) 0
400.1 Camping without permit $35 $35
400.2 Juvenile camping without a permit $25
401.1 Swimming-undesignated area $35 $35
402.1 Boating without permit $35 $35
403.1(a) Possession of/discharging weapon $150 $150 M
403.1(b) Possession of/discharging paint ball gun, BB gun $35
404.1 Outdoor fire without permit $100 $100
404.2 Smoking-undesignated area $35 $35
405.1 Dumping waste-water/effluent $100 $100 M
405.2 Improper use of sanitation facility $100 $100 M
405.3 Placing foreign object in fixture $100 $100 M
405.4 Defecate or urinate in public view $150 $150 M
406.1 Use of metal detector $25 $25 1
407.1 Obstructing free passage $250 YES $250 YES M
407.2 Interference with use of District lands $100 YES $100 YES M
407.3 Noise/energy amplification devices $50 $50 1
407.4 Compliance with a lawful order $100 YES $150 YES $50 M
408.2 Permit Required $100 YES $35 NO ($65) 1
408.2(a) Unpermitted Large/Destructive Event $150 YES M
408.3 Permit-Individual Participation $25
408.4 Failure to comply with permit conditions $100
409.1 Use of/possession of fireworks or explosives $100 YES $100 YES
409.2 Harmful substance $250 YES $250 YES M
409.3 Hitting golf balls $50 $50 1
409.4 Operating model craft $50 $50 1
409.5 Human flight without permit $100 YES $100 YES M
409.6 Skating, Scooters,Coasting, Sledding prohibited $50 $50 1
409.7 Reckless activity $250 YES $250 YES M
410.1 Alcoholic beverages-beer/wine only $35 $35 1
410.2 Alcoholic beverages prohibited area $35 $35 1
Proposed Bail Schedule 8/23/2004
Page 1 of 3
Midpeninsula Regional Open Space District Proposed
Bail Schedule
�. 0
r
ca CI_
41 Bail C 0
Current Bail 4) >% Proposed 4) W M �5
SECTION OFFENSE 0. :r' CL Increase/ 0 0
Amount CL C Bail Amount CL 0 E
4 0 < co Decrease 4)
t 1- .0
t 0
0 L) 0
0 0
411.1 Defacement of signs $150 YES $150 YES M
411.2 Place sign without permit $25 $25 1
412 Nudity prohibited $25 1
500.1 Trail use speed limit $50 $75 $25 1
500.2 One-way trail $35 $35 1
500.3 Failure to close gate $25
500.4 Dangerous trail use $50
501.1 Closed area-horses or pack animal $50 $75 $25 1
501.2 Unsafe use-horses $100 $100 M
501.3 Carts/wagons without permit $50 $50 1
502.1 Closed area-bicycle 50 $75 $25 1
502.2 Unsafe operation-bicycle $100 YES $150 NO $50 M
502.3(a) Helmets use required $15 $25 $10 1
502.3(b) Helmet possession required $25
502.4 Walk-only zone $35 $35
502.5 Mechanical Operation $25
502.6 Bicycle Operation with headset $25
503.1 Climb in Designated Areas only $50
503.2 Placing anchors prohibited $100 M
503.3 Possession of climbing tools prohibited $50 1
600.1 Soliciting without permission $150 $150 M
601.1 Allowing grazing without permission $150 YES $150 YES M
602.1 Harvesting/planting without permission $100 YES $100 YES M
602.2 Possession of cultivation tools prohibited $50
603.1 Commercial filming without permit $100 YES $100 YES M
700.1 Harming/taking animal $100 YES $150 YES $50 M
700.2 Harming/taking fish $35 $50 $15 1
700.3 Carry or possess fishing devices $25 1
700.4 Collecting reptiles, amphibians or mollusks $50 1
700.5 Collecting insects $50 1
700.6 Feeding prohibited $50 1
Proposed Bail Schedule 8/23/2004
Page 2 of 3
Midpeninsula Regional Open Space District Proposed
Bail Schedule
C 0
C'.
107 Bail C 0
Current Bail 4) Proposed 4) a:
SECTION OFFENSE CL CL Increase/Amount 0C Bail Amount CL 0 I / E
0) 0 Decrease a)
o L) 0
701.1(a) 3 dogs maximum allowed $50
701.1(b) Dog in non-designated area $50 $50
701.1(c) Leash required $35 $35
701.1(d) Off-leash area-Leash possession required $35 $35
701.1 (e) Nuisance dog prohibited $50 $75 $25 1
701.1 (f) Dog in water area $50
701.2 Disturbance or injury to wildlife $100 $100 M
701.3 Keep or raise livestock without permit $100 YES $100 YES M
701.4 Other pets prohibited $35 $35 1
701.5 Removal of animal excrement $35 $35 1
701.6 Abandonment of animals $50 YES $50 YES
702.1 Damaging/removing plants $50 $50
702.2 Possession of gathered wood $50 $50
702.3 Damaging/removing geological features $100 YES $100 YES M
702.4 Damaging archeological features $100 YES $100 YES M
703.1 Unlawful defacement $250 YES $250 YES M
703.2 Unlawful construction $250 YES $250 YES M
703.3 Unlawful grounds maintenance $250 YES $250 YES M
703.4 Possession of Construction Tools Prohibited $50 1
802.1 Vehicles prohibited $100 $100 M
803.1 Speeding $50 $75 $25 1
803.2 Reckless Driving $150 YES M
804.1 Abandoning vehicle $50 $50 1
805.2(a) Enter temporary closed area $50 1 1
805.2(b) Enter sensitive/hazardous closed area $250 YES M
805.3 After Hours Use $35 $35 1
805.5 Failure to leave a Closed Area $150 M
805.6 Bicycle Operation After Hours $50 $75 $25 1
805.7 Off Trail Use $100 M
806.1 Nonpayment of Fees $50 $100 $50 1
807.1(a-e) Unauthorized scattering of cremains $35 1
807.1(f) Unauthorized scattering of cremains-commercial $150 1
808.1 Unauthorized Aircraft or Helicopter Landing $100 1
Proposed Bail Schedule 8/23/2004
Page 3 of 3
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REGULATIONS FOR USE OF
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT LANDS
Adopted by Ordinance No. 93-1,July 28, 1993
DRAFT - FOR Revised and Adopted by Ordinance No. 96-1, February 28, 1996
DISCUSSION Revised and Adopted by Ordinance No. 03-01,June 6, 2003
PURPOSES Revised and Adopted by Ordinance No. 03-02,August 13, 2003
Revised and Adopted by Ordinance No. 04-01,August 25.2004
CHAPTER I.
DEFINITIONS
SECTION 100. TITLE. The following regulations shall be known as "Regulations for Use of
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Lands" and may be referred
to as "land use regulations."
SECTION 101. PURPOSE. These regulations are adopted to provide responsible stewardship
for District Lands, to establish orderly use, and to maintain a natural and quiet
environment for persons on the lands. They are established according to the
Basic Policy of the Board of Directors of MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT, adopted March 27, 1974, and as amended March 10, 1999,
that"The District follows management policies that ensure proper care of the
land, that provide public access appropriate to the nature of the land, and
that are consistent with ecological values and public safety,
f;Bllow a land maiiagement poliey that pr-ovides PfOpeF effe of open-4xtee
land, allowing publ;e aee te to the natufe of the !an(!
con istent with eeolen.,X-0,41 3,0111-
SECTION 102. DEFINITIONS. Unless the context otherwise requires, the following
definitions shall govern the construction and interpretation of these
regulations.
SECTION 103. DISTRICT, DISTRICT LANDS DEFINED. "District"means the
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT. The term "District Lands"
includes all lands, structures, improvements, and waters owned, controlled,
leased, licensed or managed by MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT.
SECTION 104. PERSON DEFINED. "Person"means any individual, firm, corporation,
club, municipality, district, or public agency, and all associations or
combinations of persons whenever acting for themselves or by any agent,
servant, or employee.
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SECTION 105 JUVENILE DEFINED. A juvenile is defined as any person under the age o
18 years.
SECTION 106 SADDLE OR PACK ANIMAL DEFINED. A saddle or pack animal is
defined as any horse, pony, mule, donkey, other member of the equine family,
alpaca or llama whether used for riding or packing or neither. It does not
include any other animal that may be used for saddle or packing purposes.
SECTION 107 DESIGNATED TRAIL DEFINED. A"Designated Trail," is a trail
maintained by the District which is shown on the Districts official preserve
maps or is identified as a designated trail in the District's Use and
Management Plan for the preserve. The area of the trail is defined as the
graded trail surface. It does not include the uphill embankment, downhill
embankment, or any area or corridor adjacent to the trail surface.
SECTION 108 DESIGNATED AREA DEFINED. A "Designated Area," is any area or trail
on District lands specifically designated for a specific useor activity or where
a_Mecific use or activity is prohibited or restricted by a District rule,
regulation, Ordinance, sign, notice or permit.
SECTION 109 WATER AREAS OF THE DISTRICT DEFINED. "Water Areas of the
District," are defined as all water areas on District Lands, including,but not
limited to, natural and artificial swimming pools, reservoirs, ponds, lakes,
creeks, streams,bays,tidal areas, flood control channels, and other structures
designed or able to hold water.
SECTION 10-10, PERMIT OR PERMISSION DEFINED. Unless otherwise expressly provided
herein, "permit" or"permission"means permission, granted in writing by the
gener-al managffQjeneral Manager or his/her designee or an authorized
representative of MIDPENINSULA REGIONAL OPEN SPACE DISTRICT.
SECTION 111 CLIMBING DEFINED. Climbing is defined as suspending oneself by hands
and or feet or with a rope or other support, such that one could not stand up
unsupported on his/her feet or progress up or down without the use of their
hands or other support without jumping or falling.
SECTION 112 DISTRICT EMPLOYEE DEFINED. A"District Employee," is any full o
part time paid em-plovee of Midj2eninsula Regional Open Space District. This
definition does not include volunteers.
SECTION 4-06113. BOARD DEFINED. "Board"means the Board of Directors of
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT.
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Updated August 23, 2004
SECTION 4-0-7114. HEADINGS AND DIVISIONS. Headings and divisions are for
convenience only, and shall not be considered in the interpretation of this
Ordinance, and shall not in any way affect the conduct or activities covered by
other sections of this Ordinance.
CHAPTER 11.
REGULATIONS
SECTION 200. GENERAL REGULATIONS. District Lands shall be open and accessible to
all persons, except as may beotherwise provided by resolution, regulation, or
rule of the Board,by administrative action of the General Manager or his/her
designee under this Ordinance, or by individual-,Site oUse and FaManagement
pPlans adopted by the Board,
200.1 The Board may, by resolution, regulation, or rule,provide for a system of
pen-nits and the issuance thereof. It may by such system require pen-nits for
the use of certain lands, exempt certain lands or classifications of permits there
from, and establish a system of fees and other policies in connection with the
administration of a permit system.
200.2 Any person entering upon District Lands shall abide by the rules and
regulations of the District,the regulations or provisions of any sign or posted
notice, the terms and conditions of any permit, the lawful order or other
instruction of any District ranger or poWepgace officer appointed by the
Board, the laws of the ST-.,aT-F-0!'C-,k!.,!F-0!1?46A'State of California, any Federal
law, and all applicable county and other local ordinances.
200.3 The provisions of this Ordinance shall not apply to employees and officials of
the District acting within the scope of their authorized duties. However,
District employees and official shall abide by the laws of the STATE 01:
C�k i-i Foit�i ii�State of California, any Federal law and all applicable county, cjt�
and other local ordinances.
200.4 All District lessees, contractors,a4+d-consultants, agents and representatives
shall abide by all provisions of this Ordinance unless the provision(s) conflicts
with a written contract or agreement with the District. When a conflict occurs,
the conditions of the written contract or agreement shall take precedence.
However, lessees, contractors, and consultants shall abide by the laws of the
oft�a,kState of California, any Federal law, and all applicable
county, city and other local ordinances.
SECTION 201. SPECIAL REGULATIONS. Special regulations or requirements do not
preclude the application of general regulations unless expressly indicated.
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CHAPTER III.
GENERAL RULES
SECTION 300. AUTHORITY. All sections of this Ordinance are adopted pursuant to
Sections 5541, 5558, and 5559 of the Public Resources Code of the ST -oF
i
C -L- State of California, and apply to all District Lands. A title, where
used, does not limit the language of a section.
SECTION 301. VIOLATIONS OF ORDINANCE A MISDEMEANOR OR INFRACTION.
Afly-A,iojation of this Ordifianee ot-of any rule 01- regulation adopted by4he
in4aetion. (Publie Reso f es Code, Seetion 5560 `Unless otherwise stated
any violation of this Ordinance or of any rule or regulation adopted by the
District is punishable as an infraction.
When any violation of this Ordinance or of any rule or regulation adopted by
the District is punishable as a misdemeanor, the prosecutor may file a
complaint or make a motion to amend an accusatory pleading specifying that
the offense is an infraction.
When any violation of this Ordinance or of any rule or regulation adopted by
the District is punishable as an infraction the prosecutor may file a complaint
or make a motion to amend an accusatory pleading specifying;that the offense
is a misdemeanor.
SECTION 302. SEVERABILITY. If any chapter, section, subsection,paragraph,
subparagraph, sentence, or clause of this Ordinance is, for any reason, held to
be invalid or unconstitutional, such invalidity or unconstitutionality shall not
affect the validity or constitutionality of the remaining portions of this
Ordinance. The Board of Directors declares that this Ordinance, and each
chapter, section, subsection,paragraph, sentence, and clause thereof,would
have been adopted regardless of such possible finding of invalidity or
unconstitutionality and,to that end, the provisions of this Ordinance are
hereby declared to be severable.
SECTION 303. AMENDMENT OR REPEAL. When a section, rule, or regulation is
amended or repealed, acts and commissions occurring before the amendment
or repeal may be prosecuted as though such section, rule, or regulation had not
been amended or repealed.
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SEGTION 304. PUBLIGATION.
published,This Ofdinanee shall be published onee, within 30-day6
and-
1993.
SECTION 304 CITATIONS FOR MISDEMEANORS. If any person is arrested for a
violation of an ordinance, and such person is not immediately taken before a
magistrate, the arresting officer shall prepare in duplicate a written notice to
appear in court, containing the name and address of such person, the offense
charged, and the time and place where and when such person shall appear in
court.
a) The time specified in the notice to appear must be at least five days after
such arrest.
b) The place specified in the notice to appear shall be the court of the
magistrate before whom the person would be taken if the requirement of
taking;an arrested person before a magistrate were complied with or shall
be an officer authorized by such court to receive a deposit of bail.
c) The officer shall deliver one copy of the notice to appear to the arrested
person and the arrested person in order to secure release must give his/her
written promise so to appear in court by signingthe he duplicate notice
which shall be retained by the officer. Thereupon the arresting o� fficer
shall forthwith release the person arrested from custody.
d) The officer shall as soon as practicable thereafter, file the duplicate notice
with the magistrate specified therein. Thereupon the magistrate shall fix
the amount of bail which in his/her judgment in accordance with the
provisions of Section 1275 of the Penal Code will be reasonable and
sufficient for the appearance of the defendant and shall indorse upon the
notice a statement signed by him in the form set forth in Section 815a of
the Penal Code The defendant may, prior to the date upon which he/she
promised to appear in court deposit with the magistrate the amount of
bail thus set. Thereafter, at the time when the case is called for
arraignment before the magistrate if the defendant shall not appear, either
in person or by counsel the magistrate may declare the bail forfeited, and
may in his/her discretion order that no further proceedings shall be had in
such case Upon the making of such order that no further proceedings be
had all sums deposited as bail shall forthwith be paid into the county
treasury for distribution pursuant to Section 1463 of the Penal Code.
e)_ No warrant shall issue on such charge for the arrest of a person who has
given such written promise to appear in court unless and until he/she has
violated such promise or has failed to deposit bail, to appear for
arraignment trial or judgment or to comply with the terms and provisions
of the judgment as required by law.
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SECTION 305 WILLFULLY VIOLATING WRITTEN PROMISE TO APPEAR. Any person
who willfully violates his/her or her written promise to appear or a lawfully I
granted continuance of his/her promise to appear in court is guilty of a I
misdemeanor, regardless of the disposition of the charge upon which he/she
was originally arrested.
SECTION 306 ARREST WARRANT FOLLOWING FAILURE TO APPEAR. When a
person signs a written promise to appear at the time and place specified in the
written promise to appear and has not posted bail as provided in Section
5560.5 of the Public Resources Code the magistrate shall issue and have
delivered for execution a warrant for his/her arrest within 20 days after
his/her failure to appear as promised or if such person promises to appear
before an officer authorized to accept bail other than a magistrate and fails to
do so on or before the date which he/she promised to appear,then, within 20
days after the delivery of such written promise to appear by the officer to a
magistrate having jurisdiction over the offense. When such person violates
his/her promise to appear before an officer authorized to receive bail other
than a magistrate the officer shall immediately deliver to the magistrate
having jurisdiction over the offense charged the written promise to appear and
the complaint if any, filed by the arresting officer.
CHAPTER IV.
PRESERVE USES - GENERAL
SECTION 400. CAMPING.
400.1 General. No person shall erect or use a tent or shelter of any kind, arrange
bedding, or prepare food in such a way that will enable a person to remain
after official closing hours on District Lands,except by written permit in
designated-afe-Designated Areas.
400.2 Juvenile. No juvenile shall camp on any District Lands, except when:
a) accompanied by a parent or guardian; or
b) part of a group supervised by at least one adult responsible for each ten or
fewer juveniles, or
c) the juvenile is an emancipated minor.
400.3 Defioi0qn. A juvenile is defined as any pei-son under-the age .
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SECTION 401. SWIMMING.
401.1 General. No person shall swim,wade, or engage in any water-contact activity
in any wWater aAreas of the District except in designated areasDesignated
Areas.
401.2 Definition. "Water-contact activity" is defined as any activity in which the
body of a person comes into physical contact with water areas, including,but
not limited to swimming, washing, wading, aqua-planing,paddle boarding,
skin diving, and water skiing. It does not include boating or fishing.
" '
s defined as all watef areas
DistFiet ;,
pools, fesett-voifs, ponds, lakes, efeel-,s, stfeams, bays, tidal afeas, Lind flood
SECTION 402. BOATING.
402.1 General. No person shall place, or attempt to place, a boat, kayak, rubber raft,
or other vessel of any description in the wWater Areas of rese s 1a#ces
streams, or-other-water-afeas owned, managed, or the District,
except as expressly allowed by permit or rule or regulation of the District.
SECTION 403. FIREARMS TRAPS WEAPONS AND DANGEROUS DEVICES.
403.1 General.
a) No person shall carry,possess, use, set, leave or deposit, fire or discharge,
or cause to be fired or discharged,across, in, on, or into any portion of
District Lands any weapon, gun or firearm, spear, missile,bow and arrow,
trap, snare or hun
ting device
cross bow
, slingshot ,
� P• g
ammunition, throwing knife er--awe, hatchet
, axe sword machete martial
firing or launching aprojectile,
arts throwing device, any device capable of � g_ ,
or any other weapon or device not otherwise specified, capable of injuring
or killing any person or animal„ b
Violation of this sub-section is punishable as a misdemeanor.
b) No erson shall carry possess set leave or deposit fire or discharge, or
cause to be fired or discharged across in on or into any portion of
District Lands any paint ball gun BB gun, air gun or similar device.
403.2 Exceptions. This section shall not apply to:
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a) the possession of otherwise lawful unloaded firearms or dangerous
weapons on public roads solely for the purpose of transporting such
firearms or dangerous weapons through District Lands for lawful purposes;
b) the possession of otherwise lawful firearms or other dangerous weapons at
a place of residence or business located on District Lands by a person in
lawful possession of the residence or business;
c) the possession and use of such firearms or weapons granted by written
permit for resource management or educational purposes.
SECTION 404. FIRES.
404.1 General. No person shall light, build, maintain, or attempt to light,build, or
maintain, a fire of any nature on District Lands, except in permanent fixed
barbecues, camp stoves or fireplaces established and authorized by the E
District. A fire shall include, but not be limited to any campfire, ground fire,
warming fire, signal fire,charcoal fire, stove, gas lantern, punk, candle,
smudge stick, flare, fuse, or any other incendiary device. This shall not apply
to the permitted use of gas camp stoves or gas lanterns when used in
dDesignated Area specified for camping-area4.
i
404.2 Smoking. No person shall smoke on District Lands, except in dDesignated
aAreas.
SECTION 405. SANITATION.
405.1 Disposal of Effluent. No person shall deposit waste water, sewage or effluent
from vehicles, trailers, sinks, portable toilets, or other fixtures upon or into the
ground or water. Violation of this sub-section is punishable as a
misdemeanor.
405.2 Use of Facilities. No person shall deposit any waste in or on any portion of
any restroom or other structure except into fixtures provided for that purpose.
Violation of this sub-section is punishable as a misdemeanor.
405.3 Protection of Facilities. No person shall place any bottle, can, cloth,rag,
metal, wood, paper, stone, or other substances in any fixture in such a manner
as would interfere with the normal operation of such fixture. Violation of this
sub-section is punishable as a misdemeanor.
405.4 Public View. No person shall defecate or urinate in public view. Violation of
this sub-section is punishable as a misdemeanor.
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SECTION 406. METAL DETECTORS.
406.1 General. No person shall use a metal detector or similar device on District
Lands, except as provided in subsection 702.5.
SECTION 407. DISTURBING THE PEACE.
407.1 Obstructiniz Free Passage. No person shall by force, threat, intimidation, or by
any unlawful signing, fencing or enclosing, or any other unlawful means,
prevent or obstruct any person from peacefully entering any pfoperty of the
District Lands, or preventi-ng or obstructing free passage or transit over or
through any lands of the Dirt fie District Lands. Violation of this sub-section
is punishable as a misdemeanor.
i
407.2 int-imidatienlnterference With Use of District Lands. No person shall engage
in behavior o-speeeh that s, alaR7ns,
disturbs, i -unreasonably interferes with others in the normal, free
and safe use of District Lands-or-facilities. Violation of this sub-section is
punishable as a misdemeanor.
407.3 Noise. No person shall play or operate any sound or energy amplification
devices, including radios, television sets, public address systems, musical
instruments, or similar devices in such a way as to be audible beyond 100 feet
of such device or musical instrument, or in such a manner as to disturb the
quiet of District Lands and without prior written permission.
407.4 Lawful Order. It is unlawful to willfully fail or refuse to comply with
any lawful order, signal or direction of any District peace officer when that
peace officer is performing his/her duties under any of the provisions of this
Ordinance or other statute code Federal State or local law, ordinance or
regulation which the District peace officer is authorized to enforce. Violation
of this sub-section is punishable as a misdemeanor.
NO PeFSOn
il to Comply with any
, faiigef of other-empleyee eh
with the eon
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SECTION 408. ^SShMBt `!ORGANIZED GROUP SPECIAL EVENTS AND ACTIVITIES.
G
involved. ifflilaf event on Di
Lands without 4ifst obtai 49f the use, of the speeiAe
ftteilities
No su 11 be gfanted if it is found that the time,
place, an&or- size of the meeting, rally, or-similaf event will disfu"
f — teFfefe with the ,,,,,mal use,
n the eeologie&l-�'
eh to ..
I I
408.1 Organized Group Special Events and Activities Defined.
An Organized Group Special Event or Activity is any event or activity which:
a) is advertised or noticed in any publication, poster, electronic posting or
flyer; and
b) requests or requires a fee be paid for participation; or
c) may be attended b twenty wenty_(20) or more people.
408.2 Permits. No person shall hold,conduct, organize, or take part in any gfoup
Special Event or aActivity as defined in section 408.1. of event on District
Lands without written permission whenor- Violation of this
sub-section is punishable as an infraction.
poster, ;
O
ennay be attended by twenty(20) of more people
) Where such unpermitted Special Event or Activity causes direct physical
harm to District Lands or which is attended by forty (40) or more people,
or which is conducted after official hours, then violation of this sub-section
is punishable as a misdemeanor.
408.3 Individual Participation No person shall participate in any Activity or Special
Event on District Lands without written permission when the Activity or
Special Event requires a written permit pursuant to this Ordinance.
408.4 Failure to comply with a permit No person issued a pen-nit under this section
shall violate the terms or conditions of the permit.
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i
408 5 The District may deny a request for a permit when the General Manager or
his/her designee finds that the requested Special Event or Activity or similar
operation,
event will disrupt or unreasonably interfere with the normal use, o p
enjoyment or management of the site or facility, or have an adverse impact on
the ecological or historical characteristics of any District Lands.
I
SECTION 409. MISCELLANEOUS n n NGEROr rc ACTIVITIES.
i
409.1 Fireworks. No person shall possess, give, sell, discharge, set off, or cause to
be discharged, on or into any portion of District Lands any firecrackers,
missiles, rockets, fireworks,-or explosives, or explosive devices.
409.2 Harmful Substances. No person shall possess, place, or apply any substance
on District Lands harmful to any person, property, wildlife, or vegetation.
Violation of this sub-section is punishable as a misdemeanor.
409.3 Golf. No person shall drive, chip, or in any other manner play or practice golf,
or hit golf balls on, over,or into District Lands.
409.4 Model Craft. No person shall operate any model airplanes,boats, automobiles,
or other model craft of any kind or description on, over, or into any portion of
District Lands or Water Areas of the District, except by wFitten permit in 1
Designated Areas, or by written permit.
409.5 Human Flight. No person shall hang-glide,parachute, parasail or engage in
any human flight on, over, or into District Lands, except by written permit in
designated-afeasDesignated Areas. Violation of this sub-section is punishable
as a misdemeanor.
409.6 Skating Scooters Skate Boards and Other Coasting Sledding or Sliding
Devices. No person shall roller skate, in-line skate, grass skate,grass ski,
grass sled or operate a go cart self propelled or motorized scooter, a self-
propelled or motorized skate board or similar device on District Lands
including off road versions of all the listed devices, except on trails or
locations specifically designated for such
Lands.
409.7 Reckless or Negligent Activity. No person shall engage in any recreational
pursuit or activity, or operate any device that recklessly or negligently
endangers the safety of any: person, of-property, wildlife natural features or
which interferes with visitor activities. Violation of this sub-section is
punishable as a misdemeanor.
SECTION 410. ALCOHOLIC BEVERAGES.
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Updated August 23, 2004
1
410.1 General. No person shall possess or consume alcoholic beverages g except beer
and wine, and only as part of a picnic meal.
410.2 Designated Area. No person shall possess or consume alcoholic beverages in
an area that has been declared by the generii! ug General Manager or
his/her designee or an authorized representative to be a prohibited area.
SECTION 411. SIGNS.
411.1 Defacement. No person shall remove, deface, change, mark, or otherwise
alter any sign duly erected or posted on District Lands. Violation of this sub- 1
section is punishable as a misdemeanor.
411.2 Unauthorized Signs. No person shall post or fasten any notice, including but
not limited to, any bill, advertisement, directional or informational sign, or
inscription whatsoever on any tree, fence, building, monument, sign, bulletin j
board utility pole, lighting; fixture, or other property on District Lands, �
without written permission.
I
SECTION 412 NUDITY No person shall expose any part of the pubic or anal region or
genitalia while on District Lands in public view. No female person shall
expose any portion of the breast at or below the areola while on District Lands
while at a location which can be seen from any road, trail, established
campground or picnic area except to breast feed an infant.
CHAPTER V.
PRESERVE USES - RIDING/HIKING TRAILS
SECTION 500. RIDING/HIKING TRAILS.
500.1 Trail Use Speed Limit. All users of District Lands shall comply with all
established trail use speed limits. The maximum speed for all trail uses is 15
miles per hour, unless otherwise posted; shall be fedueed as
conditions w afrant. Bicyclists and equestrians are required to slow to 5 miles
per hour when passing others or approaching blind turns.-1H no ease `,
tifff-,oijt
than is reasonable, pFudent, of safe.
500.2 One-wayTails. No person shall operate a bicycle or similaf device icycle
or similar device, or ride or lead a saddle horse,pony, mule, or other such
animal on a one-way trail in a direction or travel designated or signed to
prohibit such use.
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500.3 Gates. Any person opening a gate shall close the gate.
500.4 Dangerous Trail Use. No person shall run or JoR in such a way as to endanger
hikers equestrians bicyclists or others using District lands.
SECTION 501. SADDLE ANIMALS.
501.1 Closed Areas. No person shall ride, drive, or lead a saddle or pack
animalherse-, laofty, m thee-animal ^ on any trail,roadway or
established firebreak-_designated or signed to restrict horsesue-h use. Saddle or
pack animals hofses, must stay on
designated trails,roadways which are Designated Areas for such use, and
e-ultivated established firebreaks.
501.2 Unsafe Use. No person shall ride, drive, or lead any saddle or pack animal in
a reckless or negligent manner so as to endanger public property, or the life,
limb, or property of any person or animal including the rider. No person shall
allow his of he his/her saddle or pack animal to stand unattended or insecurely
tied. Violation of this sub-section is punishable as a misdemeanor.
501.3 Carts and Wagons. No person shall have or allow a cart, wagon, or similar
device attached to any animalzi lip ' ' ^'"n::.•....::'. on
District Lands without a written permit.
SECTION 502. BICYCLES.
502.1 Closed Areas. No person shall possess or operate a bicycle, unicycle or
similar device on District Lands in areas on any trail or roadway designated or
signed to restrict bicycle usesueh-activit-y. Bicycles, unicycles or similar
devices must stay on designated trails and roadways.
502.2 Unsafe Operation. No person shall operate a bicycle or unicycle or similar
device in a reckless or negligent manner so as to endanger public property,or
the life, limb, or property of any person or animal including the rider.
Violation of this sub-section is punishable as a misdemeanor.
502.3 Helmets Violations.
a) No person eighteen years or older shall operate a bicycle or unicycle or
similar device upon District Lands unless that person is wearing a properly
fitted and fastened bicycle helmet Such bicycle helmets must meet the
standards of the United States Consumer Product Safety Commission
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Standard for bicycle helmets, American National Standards Institute (ANSI
Z 90.4 bicycle helmet standard),the Snell Memorial Foundation's Standard
for Protective Headgear for Use in Bicycling, or the American Society for
Testing Materials(ASTM F-1447 standard).
b) Except in designated parking areas, no person shall possess a bicycle o
unicycle or similar device on District Lands without also possessing a
bicycle helmet. Such bicycle helmets mustthat-meets meet the standards of
the United States Consumer Product Safety Commission Standard for
bicycle helmets, American National Standards Institute (ANSI Z 90.4
bicycle helmet standard),the Snell Memorial Foundation's Standard for
Protective Headgear for Use in Bicycling, or the American Society for
Testing Materials (ASTM F-1447 standard).
502.4 Walk-Only Zones. No person shall ride a bicycle or unicycle or similar device
on a section of trail designated or signed as a walk-only zone. Any person
may dismount and walk a bicycle through a walk-only zone.
502.5 Mechanical Operation. No person shall operate a bicycle, unicycle or similar
device on District Lands that does not have properly functioning brakes, drive
train, seat and steering.
502.6 A person operating a bicycle, unicycle or similar device on District lands
may not wear a headset covering, or earplugs in, both ears. This prohibition
does not apply to any person using a prosthetic device that aids the hard of
hearing or any other medical device required to be worn for medical
purposes.
SECTION 503. TRESSPASS The following aets, am
bN, Seetion 602 of the Penal Code of California.
503.1 Destfuetion of Pfi-o" No pefson shall will4ifly open, teai-dowii, oi-
etch erwise destroy any Irletiee on the erielosed
har-,-ot4enee-of7anothef-an".
___S4-:,nb,0_d, or other notiee fOFbidding shooting on Pfivate Profffty-
503.2 PFivate Pfopefty on shall enter any lands, whether- tinenelosed
of-enelosed by a fimee, fi)r the purpose of if�unng any pfopefty-of-ffopefty
fights, or with the inte"tion Of inteffef.i.., Obstfuetiji&, 01
lawful business of oeeupation carried on by the owner of such land, his of hef
agent of Illy the Person in law4il posses
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Updated August 23 2004
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enclosed by a fenee, belonging
of oeeupied by anothef, or enter any lands
where signs f6r-bidding tFespass are displayed at inteFvah; not less than three
the mile along all extefiof boundaries and at all roads and tfails entefing sueh
lands, W.oHt the wfitteR f the owner-of such land, hi,,,, or-he
agent, of of the per-son il �,,ssion, and no per-son shall-1
c t t + t t a t
a7i�L', �icrcJ vi---iari c�-rc%iz=vL ruircr;-rcutproperty, of S +ti=dv^-ccix"cs`bE1@nN@`,i12g-t{�-Elr
444illy occupted by another and not open to dw-tenefal PLIbli
bein" r-equested to leave by the ownef, his of hef agent, or the p
lawftil possession thereof-,
b)tear down, mutilate, of destfoy any sign, signboafal, of notice f0fbidding
tfespass or-hunting, on sueli lands; o
, HH10ek,
h any loek of any gate on of leading
into sueh lands; o
f:reari:,
SECTION 503 CLIMBING
503.1 Climbi*_—In Designated Areas Only. No person shall climb or rappel on any
rocks boulders caves cliffs an o� ther geologic formations or trees on
District Lands except in Designated Area.
503.2 Placing Anchors Prohibited No person shall place any permanent anchors or
bolts in rock soil trees or other natural or manmade features on District Lands
in a designated climbing area unless specific written authorization has been
granted by the District in advance. Violation of this sub-section is punishable
as a misdemeanor.
503.3 Possession of Tools No person shall possess tools used for installing anchors,
bolts or clearing vegetation from geologic formations, including but not
limited to wire brushes scrapers drills or rock hammers on District Lands.
except in a designated parking area or with written permission.
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CHAPTER VI.
PRESERVE USES - COMMERCIAL/REVENUE
SECTION 600. COMMERCIAL SOLICITING.
600.1 General. No person shall solicit, sell,hawk, or attempt to solicit, sell, or hawk,
or otherwise peddle any goods, wares, merchandise, liquids, edibles for human
consumption, or distribute commercial circulars, pamphlets, or flyers on
District Lands except by written permission. Violation of this sub-section is
punishable as a misdemeanor.
SECTION 601. GRAZING.
601.1 General. No person shall allow cattle, sheep, goats, or any animal to graze,
browse, or feed on District Lands except with written permission. Violation of
this sub-section is punishable as a misdemeanor.
SECTION 602. HARVESTING AND PLANTING.
602.1 General. No person shall plant, cultivate, harvest, or attempt to plant,
cultivate, or harvest any plant or agricultural crop on District Lands except
with written permission. Violation of this sub-section is punishable as a
misdemeanor.
602.2 Possession of Tools No person shall possess equipment tools or supplies for
the cultivation or removal of plant life including but not limited to shovels
rakes hoes garden hoses irrigation equipment fertilizer, herbicides
insecticides or wheelbarrows on District Lands except in a designated parking
area or with written permission.
SECTION 603. COMMERCIAL FILMING.
603.1 General. No person shall operate a still, motion picture, video, digital or other
camera for commercial purposes on District Lands except pursuant to a permit
commercial
' n hall not apply to the comme
activity. This section s
au
thorizing such acts
g Y• Pp Y
operation of cameras as part of the bona fide reporting of news. Violation of
this sub-section is punishable as a misdemeanor.
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Updated August 23, 2004
CHAPTER VII.
PRESERVE FEATURES - PROTECTION
SECTION 700. HUNTING,AN-P FISHING, COLLECTING AND FEEDING.
700.1 Hunting. No person shall hunt,pursue, molest, disturb, injure, trap, snare,
take, net, poison, introduce, release or harm or attempt to hunt, pursue, molest,
disturb, injure, trap,take, net, poison, introduce, release or harm any mammal
or birda*y-aRiffla4, living or dead, or remove, destroy, or in any manner disturb
the natural habitat of any such animal, except by written permit. Violation of
this sub-section is punishable as a misdemeanor.
700.2 Fishing. No person shall take, fish for net, molest, disturb, injure, poison,
collect, introduce, release or harm any or attempt to take, fish for, net, molest,
disturb, injure, poison, collect introduce, release or harm any fish, or remove,
destroy, or in any manner disturb the natural habitat of any such animal, except
by written permit"in lakes, ponds,
Franc ise"ay, of stfeaffts-loeate,l ;
in any Distfi-et--�,
LqnyLl)istrict
Water Area except in areas declared by the District to be permitted fishing
areas, where state laws regulate the taking of game fish.
700.3 No person shall ca!1y,possess, set, leave or deposit any fishing equipment or
similar devices in, on, or into any portion of District Lands or District
managed body of water.
700.4 Collecting Reptiles, Amphibians or Mollusks. No person shall take, fish
for, net, molest, disturb, injure, poison, collect, introduce, release or harm
or attempt to take, fish for, net, molest, disturb, injure, poison, collect,
introduce, release or harm any reptiles, amphibians, or mollusks living or
dead, or remove, destroy, or in any manner disturb the natural habitat of any
such animal, except by written permit.
700.5 Collecting Insects. No person shall take, net, collect, introduce, release,
poison or attempt to take, net, poison, collect, introduce, or release any
insects of arthropods living or dead, or remove, destroy, or in any manner
disturb the natural habitat of any such animal, except by written permit.
700.6 Feeding: No person shall feed any animal on District Lands or deposit
food, salt or edible material on any District Lands for that purpose.
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Updated August 23, 2004
SECTION 701. ANIMALS.
701.1 Dogs.
a) No person shall have more than three dogs per person within areas where
dogs are allowed on District Lands.
b) No person shall allow or have a dog on District Lands except in those
areas designated by the District. This subsection shall not apply to:
a4l)_guide and service dogs under physical control, specifically lieensed
trained to assist the blind, deaf, or disabled., and wearing an identify
ing
vest or tag;
2. guide and service dogs in training to assist the blind, deaf, or disabled,
and under physical control, and participating in a training program, and
wearing an identifying vest or tag.
b4 ) use authorized by written permit.
71.1c) Leash Required. No person shall allow or have a dog on District
Lands w4in a designated a , unless the dog is at all times under control,,
and on a leash not to exceed 6 feet, or on a self-retracting leash with a
maximum extended length of 25 feet.- The leash must be held by person
responsible for the dog and must be made of material and construction
sufficient to restrain the dog. Electronic or other"invisible leashes"do not
meet the leash requirement. The self-retracting leash must have the
capability of being retracted and locked in a position not to exceed 6 feet.
Within a designated area, no person shall have or allow a dog on a lead
greater than 6 feet when:
a)IL_Within 100 feet of any parking area, trailhead, picnic area,
campground, horse stable,public roadway, restroom, visitor
center, ranger station, or other place or structure of public
assembly;
b421_Within 50 feet of any person that is not the person or persons who
entered District lands with the dog; or
e43)_Within 50 feet of any body of water-, ineluding but iiot limited tO,
- I . -, pond, lake, efeek, stream, bay, 'Hda! area of flood
eontfol ehan - District Water Area.
Page 18
Updated August 23, 2004
701.9 d) Off-Leash Areas. Dogs shall be permitted off leash only in areas
specifically designated and signed by the District as off-leash areas. No
person shall allow or have a dog in an off-leash area unless the dog is at all
times under the verbal or radio collar control, and in sight of, its owner or
person responsible for the dog. The owner or person responsible for the
dovy shall have a leash in his/her possession at all times.
741-3—eJ_ Nuisance Dogs. No person shall allow or have on District Lands a dog
that is threatening or a nuisance to people, other animals, or property. This
includes, but is not limited to: growling, barking, attacking,biting,
scratching, iumping on any person or animal, baring of teeth, or
challenging in any manner, people, animals, or property.
f) No person responsible for a dog shall allow said dog to enter any District
Water Area unless it is specifically designated to allow such entry.
701.42 Disturbance or Injury to Wildlife. No person shall allow a dog, cat, or
domesticated animal, even if leashed,to disturb, chase, molest, injure, or take
any kind of native—wildlife, whether living or dead, or remove, destroy, or in
any manner disturb the natural habitat of any animal on District Lands.
Violation of this sub-section is punishable as a misdemeanor.
701.53 Horses and Livestock. No person shall keep,-of raise or allow cattle, horses,
sheep, or other livestock on District Lands,unless pursuant to a lease, license,
written permit, or other entitlement of use granted by the District. Violation of
this sub-section is punishable as a misdemeanor.
701.64 Other Pets, No person shall allow or have any pet, domesticated animal, or
other living ereattifeanimal on District Lands, unless specifically permitted by
another section of these regulations.
701.75 Removal of Animal Excrement. No person responsible for an animal shall
allow its excrement or feces to remain in an area if it poses a health hazard, a
public nuisance, or is in an area posted requiring its removal.
701.86 Abandoned Animals. No person shall abandon or release a dog, cat, fish,
fowl, or any other living creature, wild or domestic, on District Lands without
written permission.
off Leash Afeas. Dogs shall be pefniitted aff leash an!
designated atid signed by the Distfiet as,-off Ip"I'd;
No pefso.n s
allow of have a dog in aii off leash afea unless the dog is, at all times undef the
Page 19
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Updated August 23, 2004
verbal Of fadio eollaf C-Ontfol, and in sight of its Ownef Of .
Tile Owflef
Of keepe!- of shall have a leash in his of I—11111111-11;on at all tim
SECTION 702. NATURAL AND CULTURAL RESOURCES.
702.1 Plants. No person shall damage, injure, take,place,plant, collect, or remove
any plant, fund, tree, or portion thereof, whether living or dead, including, but
not limited to flowers, lichens, mosses, mushrooms, bushes, trees,tree limbs,
tree branches, vines, grass, canes, seeds, and deadwood located on District
Lands.
702.2 Possession of Gathered Wood Prohibited. No person shall transport or possess
a tree or unmilled wood on District Lands without satisfactory evidence of
lawful acquisition, such as a sales receipt or written authorization from the
owner of the land from which the tree or wood was acquired.
702.3 Geological Features. No person shall damage, injure, take, collect, remove, or
attempt to damage, injure, take, collect, a ���earth, rocks,
sand gravel fossils minerals features of caves or any object or artifact of
aeolo icg al orof=-paleontological,aFeheOloggieal, or h t- al interest located on
District Lands. Violation of this sub-section is punishable as a misdemeanor.
702.4 Archeological Features. No person shall damage, injure, take, collect, remove,
or attempt to damage, injure, take collect, or remove any object of
haleorrtelo-gica-1, archeological, or historical interest located on District Lands.
I
Violation of this sub-section is punishable as a misdemeanor.
702.5 Special Permission. Special written permission (Mien-105)-may be granted
to remov
e, treat disturb or
otherwise affect plants, animals or geological,
P � g g
historical, archeological, or paleontological materials solely for research,
interpretive, educational, or operational purposes.
SECTION 703. NIANDA Icon NJ)l UNLAWFUL E'`'r'ROACHME-NTDEFACEMENT,
CONSTRUCTION AND MAINTENA
NCE.
703.1 Vaadalisni.Unlawfal Defacement. No person shall cut, carve, deface, write,
paint, mark, or alter any natural feature, or any fence, wall,building,
monument, or other property on District Lands. Violation of this sub-section
is punishable as a misdemeanor.
703.2 Unlawful Construction. No person shall erect, construct, install, or place or
attempt to erect construct install or place any structure,building, shed, fence,
trail, road culvert drainage structure bridge jump ramp barricade trench
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barrier, fortification or wall equipment, material, sign,banner, or apparatus of
any type or for any purpose constructed of native or imported materials on,
below, over, or across a preserve except by written permission, specifying in
detail the work to be done and the conditions to be fulfilled pursuant to the
terms of such authorization. Flagging shying, and marking;conducted for
the purpose of constructing or installing such features shall be considered an I
attempt to erect construct install or place such features and is prohibited.
Violation of this sub-section is punishable as a misdemeanor.
703.3 Unlawful Maintenance. No person shall perform, or cause any mowing,
I
trimming, cutting, grooming,car-spraying,grading, or moving of any soils of
on District Lands or perform any such grounds maintenance for any purpose
except by written permission. Violation of this sub-section is punishable as a
misdemeanor.
703.4 VoSs e Possession Of Construction Or Maintenance Tools And Supplies.
No person shall possess any tools used for construction or maintenance on
District Lands including but not limited to shovels McCleods Pulaskis,
mattocks rakes saws axes chainsaws wood hammers nails drills, saws,
ardor similar equipment or supplies for the purpose of unlawful construction
maintenance or encroachment on District Lands except in a designated parking
area or with written permission..
CHAPTER VIII.
DISTRICT LANDS OPERATIONS - GENERAL
SECTION 800. ' iTTERINr.RESERVED FOR FUTURE USE
gliRefed, of dump o
eause to be dumped any matefial of waste Mattef in or upon any Distfiet
Lands, it shall be unlawfiAl to plaee, deposit, of dump, of eause to be p
deposited of dumped, any r-ocks, dii4, of fill material ly District
LandS WithO 1thefizing suell aetivity.
p4fteing, of depositing of. any wast�niattef on
r. lcccx vi c��n�' F"iu'fpose'.
800.3 Definition. Waste mat4ef is defined as disearded, used, of leftevej-substanees.
animal, any
Page 21
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SECTION 801. PARKING.
I
801.1 Restrictions. No person shall park a motor vehicle, except an authorized
emergency vehicle, or when in compliance with the directions of a peace officer,
ranger, or District employee, in any of the following places:
a) In areas where prohibited by"NO PARKING,," or other posted signs;
b) On or obstructing any fire roadtmi4;
c) On or obstructing any eque4r+an of hil(ing trail;
d) In such a place or manner as would block or obstruct any gate, entrance,
or exit;
e) In such a place or manner as to take up more than one marked parking
space in any authorized parking area;
f) In such a place or manner as to block or obstruct the free flow of traffic;
g) Within 15 feet of a fire hydrant;
h) Adjacent to any curb painted red;
i) On any district Lands after one half hour after sunsetsu*down except
pursuant to a written permit;
j) In areas signed for permit parking on District Lands without a written
permit;
k) In any space designated for disabled parking in an unpaved parking lot,
except when displaying a disabled placard as defined in California
Vehicle Code.
l) In any other place on District Lands not designated by the District as an
III authorized area.
SECTION 802. OPERATION OF MOTOR VEHICLES: OFF-ROAD VEHICLES
802.1 General. No p not limited to,
shall operate,propel, or leave standing a motor vehicle on
District Lands. Motor vehicle includes, but is o motorcycles, all-
_
terrain vehicles, off-road vehicles, mopeds, "dirt-bikes," and similar vehicles.
Violation of this sub-section is punishable as a misdemeanor.
802.2 Exceptions. This section shall not apply to:
a) emergency vehicles operated within the scope of official use;
b) roads,trails, or paths, which may from time to time be set aside and posted
by the District for the use of specifically designated vehicles;
c) roads and parking areas open to the public for motor vehicle use during
regular open hours.
Page 22
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Updated August 23, 2004
SECTION 803. SPEED LIMITS.
803.1 General. No person shall drive or operate a vehicle, motor vehicle, or bicycle
on District Lands at a speed greater than the posted speed limits or than is
reasonable or prudent, having due regafd foF traffie and road sor as
n rule or regulation. in no event
otherwise specified
ified in an District Ordinance,p v �—
..i _. b
}�reperty e wildlife No person shall drive a vehicle, ride a horse or operate at
a speed greater than reasonable given weather, visibility, traffic, presence of
other users surface and width of the trail or road, or which may damage
natural or cultural resources or wildlife.
I
803.2 Reckless Driving No person shall drive or operate any vehicle motor vehicle
bicycle upon District Lands in willful or wanton disregard for the safety of
persons property, natural resources or wildlife. Such conduct shall constitute
reckless driving. Violation of this sub-section is punishable as a
misdemeanor.
SECTION 804. ABANDONED VEHICLES.
804.1 72 Hours. No person shall permit a vehicle to be parked or left standing
wax onto District Lands for 72 consecutive hours or more except in
camping areas pursuant to a valid permit.
804.2 Removal. Any vehicle parked or left standing in violation of this Section may
be removed as provided in the Vehicle Code
of the STD E OF G^==wit'--R,xi ;-State
of California.
Whenever a District ranger has reasonable rounds to believe
4.3 Abandonment.80S g
that a vehicle has been abandoned on District Lands, the vehicle may be
removed as authorized by Vehicle Code Section 22669.
SECTION 805. PROHIBITED AREAS AND CLOSURES.
805.1 Authority for Closures. To insui-e ensure the safety and health of persons, to
protect natural resources to provide for proper_plannin of District Lands to
avoid interference with development, construction, and management, or to provide
for security, safeguarding, and preservation of District Lands and facilities, the
I
general-many wBoard of Directors General Manager or his/her designee or an
authorized representative may declare an area,trail road, or facility closed,
prohibited, or limited to further entry by the general public.
i
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i
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I
805.2 Types of Closures
a) Temporary or Regular Closures
District employees may make temporary or regular closures of a portion of
District Lands to the general public for public safety, or to deal with an
immediate or ongoing management need. The declaration may include such
reasonable classes of persons who may enter, in the conduct of proper
authorized activities or official duties, as the get er, managerGeneral Manager
or his/her designee or an authorized representative may prescribe. No person
shall without written permission issued by the District, enter or remain in an
area of District Lands or facility designated as a Temporary or Regular
Closure area.
i
b) Sensitive or Hazardous Area Closures.
No person shall without a written permit issued by the District enter or
remain in an area of District Lands or facility designated as a Sensitive or
Hazardous Area and declared closed prohibited or limited by the General
Manager or his/her designee or an authorized agent. Sensitive areas may
include those with cultural historical or biological significance. Such
designation may include but is not limited to specified areas of land, trails,
,geologic or cultural features facilities or structures. Violation of this sub-
section is punishable as a misdemeanor.
805.1 Gies—, Areas,. Pef"On Shall, Witliout a written pemit issued by the
prohibited, n+
805.23After Hours Use. No person shall enter or remain on District Lands during
the period of one-half hour after official sunset to one-half hour before official
sunrise the following day without a written permit. The times for Sunrise and
Sunset shall be determined by the U.S. Naval Observatory's official postings
for Los Altos California.
Distfiet. The term"aftef hours" is defined as one half houf aftef Offioial sul
to official sunfise
805.4 Posting of Closures An area shall be considered closed when notice is posted
at trailheads and gates officially designated and maintained by the District.
805.5 Failure to Vacate a Closed Area Any person who fails to leave a Closed Area,
when notified of the closure by a District staff member, or agent of the District
shall be guilty of a misdemeanor.
805.36Bicycle Operation After Hours. No person shall possess or operate a bicycle,
unicycle, or similar device on District lands after official hours.
Page 24
Updated August 23, 2004
805 7 Off Trail Use. No person shall enter or remain in an area off of a designated
trail when they are on District Lands in an area or preserve that has been
designated or signed to prohibit off trail use. Violation of this sub-section is
punishable as a misdemeanor.
SECTION 806. USE FEES.
806.1 Nonpayment of Fees. No person shall use District Lands or facilities without
payment of t#e-any prescribed fee or charge. Any fee or charge established by
the Board for use of District Lands or facilities shall be paid in advance of
such use,unless later payment has been authorized by the goal
General Manager or his/her designee or an authorized representative.
SECTION 807. SCATTERING OF CREMATED REMAINS
807.1 Regulations for the Scattering of Cremated Remains. No person shall scatter
any cremated human or animal remains (cremains) without first having
obtained a written permit from the District, and shall abide by the permit
conditions which shall include,but not be limited to, the following conditions:
a) The scattering of cremains is prohibited: within 1,000 feet of any
residence or dwelling, within 500 feet of any creek, stream, or other body
of water, or within 50 feet of any road or trail.
b) Cremains must be scattered, must not be left in a pile, and must not
be readily visible to the public.
c) No containers for the cremains, identification tags, vases, flower pots, or
other associated non-organic materials, or non-native plants, may be left at
the site.
d) No memorial,plaque,or other site marker may be left at the site.
e) Any person scattering cremains on District lands shall possess and present
a valid District permit when scattering cremains.
f) The scattering of human remains for commercial purposes is prohibited.
SECTION 808 AIRCRAFT & HELICOPTER OPERATIONS.
808.1 Except in the case of emergency or for search and rescue, or fire fighting or
n person shall land an aircraft including an
law enforcement operations o p Y v
airplane helicopter,,hot air balloon or any contrivance used or designed for
flight in the air, excluding unpowered human flight as further authorized under
these regulations on District Lands except by written permit.
Page 25
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-04-78 CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION
Meeting 04-18
August 25, 2004
AGENDA ITEM 3
AGENDA ITEM
Notice of Intent to Participate in the San Francisco Es Invasive S rtina Project
GENERAL MANAGER'S RECOMMENDAT
Authorize the General Manager to execute the attached Notice of Intent to participate in the sive
Spartina Project to allow for the use of herbicides in controlling the invasive non-native smooth cordgrass
(Spartina alterniflora)as part of the tidal restoration activities at Ravenswood Open Space Preserve.
DISCUSSION
In 2000,the Board approved a Permit to Enter for Star Link Logistics,Inc. (SLLI) (formerly Aventis
CropScience and Rhone-Poulenc)to begin tidal flow restoration of the former salt pond at Ravenswood
Open Space Preserve as a mitigation project(see report R-00-117). This same year, SLLI successfully
breached the outboard levee and put in place tidal flow control berms to reestablish natural tidal channels.
SLLI is now conducting its fourth year of hydrologic and biological monitoring as part of a ten-year
monitoring program for the restoration project. SLLI is required to evaluate the success of the restoration
against specific performance criteria. One set of criteria specifies a less than five(5)percent cover of
non-native vegetation within the restored tidal wetland at project completion.
In the last couple of years, SLLI has documented a steady increase in the number of smooth cordgrass
stands. Smooth cordgrass is a species native to the East Coast that has been introduced into the San
Francisco Bay. This non-native species is threatening intertidal mudflat habitat and destroying foraging
areas crucial to shorebirds and other species by colonizing and establishing dense stands within the un-
vegetated tidal mudflats(refer to Exhibit A). Smooth cordgrass is also considered a serious pest plant
since it readily hybridizes with the native cordgrass(Spartina foliosa)and the hybrid plants are known to
produce more seed and pollen than the native species,grow at a faster rate,to a larger size, and are self
pollinating. The increasing number of smooth cordgrass stands at Ravenswood is raising concerns about
the likelihood of meeting the restoration's performance criteria for non-native vegetation,thus threatening
the overall success of the restoration project. Initially, SLLI used herbicides to control and reduce the
spread of smooth cordgrass. Following a court ruling in 2001,this method of control was halted because
discharges of aquatic pesticides into waters of the U.S.require coverage under a National Pollutant
Discharge Elimination System(NPDES)permit. Since then,the spread of invasive Spartina has been
controlled through mowing and hand removal of seed heads. Unfortunately, these weed control methods
are not as effective as the use of chemical spraying.
Realizing that the NPDES permit process is a serious time-consuming obstacle for agencies and private
landowners interested in controlling smooth cordgrass,the California Coastal Conservancy spearhead an
effort to obtain a programmatic statewide general NPDES permit. This permit applies to agencies that
agree to participate in the regional Invasive Spartina Project(ISP). SLLI is asking the District to become
a partnering agency in the ISP by signing the attached Notice of Intent(NOI)to once again incorporate
the use of herbicides as a control measure at Ravenswood Open Space Preserve. The NPDES permit
specifically allows ISP partnering agencies to use AquaMaster, a U.S. Environmental Protection Agency-
33oDistelCircle 650-691-1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mory Davey,Jed Cyr, GENERAL MANAGER:
Los Altos CA 94022-1404 650-69i-o485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hassett Kenneth C.Nitz L.Craig Britton
R-04-78 Page 2
approved aquatic herbicide with a low toxicity similar to Rodeo that contains glyphosate as its active
ingredient(EPA Reg.No. 524-343). The herbicide would be.applied directly on the plant using a spray
pack once a year during a 2-day application period at low tide. An amphibious vehicle carrying a supply
of the herbicide would be used to facilitate the re-filling of the backpack sprayers. A spray truck would
also be used to apply the herbicide on cordgrass stands located near the levee road. Approximately one
gallon of the herbicide would be applied per acre of cordgrass; the current estimated coverage of
cordgrass at Ravenswood is between 5 and 8 acres. Given the extensive spread of the smooth cordgrass
plant and the intermixing of the plant with the native cordgrass species, ISP prefers that SLLI first attack
all Spartina plants,native and non-native, until monitoring results indicate that selective targeting of the
smooth cordgrass is feasible. ISP expects this first stage of invasive plant management to require one to
two years and would coincide with the establishment of water levels and elevations that are more
conducive for the native cordgrass species.
By signing the NOI, SLLI's use of the EPA-approved herbicide would be covered under a statewide
NPDES permit. No additional permits or related fees would be required of the District or SLLI.
Following each spray event, SLLI would prepare a field report and incorporate the information into a
periodic mitigation and monitoring report for the restoration project(due in 2006 and 2010). SLLI is
required to provide copies of the monitoring report to the U.S. Fish and Wildlife Service (USFWS),the
Coastal Conservancy,U.S. Army Corps of Engineers,the Regional Water Quality Control Board, San
Francisco Bay Conservation and Development Commission,U.S. EPA, and the District. SLLI would be
required to follow the herbicide spraying protocols identified in the NPDES permit and the restrictions
provided by the USFWS to ensure that the herbicide is applied safely,the proper equipment used, and
appropriate access and timing considerations taken into account to ensure the protection of the applicator
and special status species, including the California clapper rail and salt marsh harvest mouse. These
protocols and restrictions are included in a Spartina Control Plan that has been prepared specifically for
Ravenswood in collaboration with the ISP(see attached).
CALIFORNIA ENVIRONMENTAL QUALITY ACT(CEQA)DETERMINATION
Project Description: The project is located on ajurisdictional tidal wetland restoration project designed to
convert degraded mudflat,open water and muted tidal wetland habitat to fully tidal salt marsh habitat.
The restoration was conducted by Star Link Logistics, Inc. (SLLI), formerly Rhone-Poulenc, in part to
offset loss of habitat and function of non-tidal wetlands on their 1990 Bay Road remediation site.
Primary restoration activities were completed in December 2000. Maintenance and monitoring activities
are ongoing. The removal of non-native species from the wetland is part of the maintenance program for
the project.
As lead agency of the Invasive Spartina Project,the State Coastal Conservancy(Conservancy) certified a
Final Programmatic Environmental Impact Statement/Environmental Impact Report(FEIS/R) and
authorized the Conservancy to implement the Spartina Control Program consistent with Alternative I in
the FEIS/R, as modified by incorporation of all mitigation measures identified in the FEIS/R, and adopted
a Mitigation Monitoring and Reporting Program for the project. District staff has evaluated the proposed
project, and the subject environmental documents, and concurs that the proposed action, as mitigated,will
not have a significant adverse effect on the environment and is categorically exempt from the CEQA
under Section 15304,Minor Alteration to Land.
Prepared by:
Ana Ruiz, Acting Open Space Planner 11
Contact Person:
Same as above
600 sq.ft-
1200 sq.ft 100E sq.ft.
OAAcres... -
130C sq.f[.
Approx.
7Appro
0.25 acres
0.1 Sparbna
S Acres
Approx 2-5-3-0 acres
Spartina
AP es
° `
\ � sq 12 to «'
00 .fi.
s
L
State Water Resources Control Board
Terry Tamminen Arnold Schwarzenegger
California Division of Water Quality Governor
Environmental 1001 1 Street-Sacramento,California 95814-(916)341-5455
Protection Agency Mailing Address:P.O.Box 100-Sacramento,California-95812-0100
FAX(916)341-5463-Internet Address: http://www.swrcb.ca.gov
ATTACHMENT A
NOTICE OF INTENT
TO COMPLY WITH THE TERMS OF
WATER QUALITY ORDER NO. 2004-0009-DWQ
STATEWIDE GENERAL NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT
FOR THE DISCHARGE OF AQUATIC PESTICIDES FOR AQUATIC WEED CONTROL
IN WATERS OF THE UNITED STATES
GENERAL PERMIT NO. CAG990005
I.NOTICE OF INTENT STATUS(see instructions)
MARK ONLY ONE ITEM AXI New Applicator B. 0 Change of Information for WDID#
11. CONTROL AGENCY INFORMATION
A. Name Mid-Peninsula Regional Open Space District-(A California Coastal Conservancy San Francisco Estuary Invasive Spartma.
Project Partner,Site TSN:ISP-2004-16)
B. Mailing Address
330 Distel Circle
C. city D. County E. State F. Zip
Los Altos Santa Clara California 94022
G. Contact Person H. Title =Phone
L.Craig Britton General Manager 650-691-1200
111. RECEIVING WATER INFORMATION
A. Do wastes and pesticide residues discharge to(check all that apply):
1. F] Canals,ditches,or other constructed conveyance facilities owned and controlled by Control Agency?
Name of the conveyance system:
2. ❑ Canals,ditches,or other constructed conveyance facilities owned and controlled by an entity other than the Control Agency
Owner's name:
Name of the conveyance system:
Indirectly
tly to river, lake,creek,stream,bay,ocean,etc.?
3, '4'fee
Name of water body: Glyphosate herbicide will be applied to plants in tidal marshes adjacent to San Francisco Bay during low
tide when water not present
B. Regional Water Quality Control Board(s)where application sites are located(REGION 1,2,3,4,5,6,7,8,or 9):
REGION 2
(List all regions where pesticide a lication is proposed.)
NOTICE OF INTENT
WATER QUALITY ORDER NO. 2004-0009-DWQ
IV. PESTICIDE APPLICATION INFORMATION
A. Target Organism: Algae Aquatic Weeds(surface) Aquatic Weeds(submerged) Aquatic Weeds(emergent)
OTHER(identify):
B. Aquatic Pesticides Used: List Name and Active ingredients
Aquamaster-active ingredient:glyphosate
C. Period of Application: Start Date July 1,2004 End Date June 30,2005
D.Types of Adjuvants Used:Surfactants used with Glyphosate must be non-ionic. Product to be used is Agridex(paraffin base petroleum
oil,polyol fatty acid esters,and polyethoxylated derivatives of the fatty acid esters). A water-soluble
polymeric colorant may be used to assure proper coverage.
V.AQUATIC PESTICIDES APPLICATION PLAN
Has Aquatic Pesticides Application Plan been prepared and is the applicator familiar with its contents? Yes KI No ❑
If not,when will it be prepared? The APAP was prepared red and submitted by the San Francisco Estuary Invasive Spartina Project(ISP;
contact Erik Gri alva,510-548-2461). ISP will implement the monitoring program and submit monitoring
reports. The applicator will su mit treatment reports to ISP as part ot the APAP.
VI. NOTIFICATION
Have potentially affected public and governmental agencies been notified? Yes ® No ❑
VIL VICINITY MAP AND FEE
A. Have you included vicinity map(s)with this submittal? ............................................................. YES FKI NO ❑
Separate vicinity maps must be submitted for each Region where a proposed discharge will occur.
B.Have you included payment of the filing fee(for first-time enrollees only)with this submittal? ... YES ❑ NO ❑ NA
VIII.CERTIFICATION
"I certify under penalty of law that this document and all attachments were prepared under my direction and supervision in accordance
with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of
the person or persons who manage the system,or those persons directly responsible for gathering the information,the information
submitted is,to the best of my knowledge and belief,true,accurate,and complete. I am aware that there are significant penalties for
submitting false information,including the possibility of fine or imprisonment. Additionally,I certify that the provisions of the permit,
including developing and implementing a monitoring program,will be complied with."
A. Printed Name:
L.Craig Britton
B. Signature: Date:
C. Title: General Manager
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Invasive Spartina Control Plan
For
Cooley Landing Salt Pond Restoration
San Mateo County
TSN: ISP-2004-16
2004 Control Season
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Table of Contents
Tableof Contents............................................................................................... 1
Introduction ........................................................................................................ 2
ProjectPartners ................................................................................................. 2
General Information........................................................................................... 3
SiteDescription ................................................................................................ 3
Infestation Description ...................................... 3
Ecological Threat and Reason for Prioritization................................................ 4
Endangered Species Issues............................................................................. 4
TreatmentPlan ................................................................................................... 6
Management Objectives and Efficacy Criteria.................................................. 6
TreatmentMethod(s) ....................................................................................... 7
Access and Timing
Equipment and Materials.................................................................................. 8
HerbicideApplication .................................................................................... 8
Site Safety and Spill Prevention ....................................................................... 8
Permitting and Environmental Compliance..................................................... 9
Required Permits and Authorizations ............................................................... 9
Mitigation and Conservation Measures .......................................................... 10
Compliance Monitoring and Reporting ........................................................... 10
Attachments
Attachment 1. Site Maps
Attachment 2. Environmental Compliance
Attachment 3. ISP Safety Plans
i
Cooley Landina Salt Pond Restoration Site•Saecifla Spartina Control Pan 8/17/2004
Introduction
This is a plan for control of non-native, invasive Spartina for the area commonly
referred to as Cooley Landing Salt Pond (Cooley Landing); a 115 acre former salt
production pond in East Palo Alto, San Mateo County, California (Attachment 1;
Figure 1). This plan was prepared by Wetlands Research Associates, Inc.
(WRA), in collaboration with the Invasive Spartina Project (ISP) and on behalf of
the Project Partners listed below. The plan includes background and site infor-
mation, site-specific goals, treatment strategy, and a description of potential im-
pacts of treatment. The plan also specifies actions or practices ("mitigations")
necessary to implement the plan with the least possible adverse environmental
impact, in compliance with the ISP's Environmental Impact Statement/ Environ-
mental Impact Report (EIS/R) and all applicable regulatory requirements. The
plan will be implemented by WRA, with assistance from the ISP, beginning in late
summer of 2004.
This control plan was developed based on the concepts of "Integrated Vegeta-
tion Management," whereby a broad range of site-specific factors were consid-
ered to determine the optimal combination of treatment methods (manual, me-
chanical, and chemical) and strategies for use at the site. The control plan may
be modified over time as new scientific information becomes available, and
based on site-specific conditions.
Project Partners
StarLink Logistics, Inc. (SLLI). SLLI is the project sponsor for the Cooley
Landing Salt Pond Restoration Project. In 1994, the San Francisco Bay Regional
Water Quality Control Board (RWQCB) directed Rhone-Poulenc, Inc., to reme-
diate a site adjacent to 1990 Bay Road in East Palo Alto, California (SCR Order
94-042). The remediation resulted in the loss of 3.34 acres of U.S. Army Corps
of Engineers jurisdictional wetlands, which required mitigation at a 3:1 ratio. To
mitigate for the loss of wetlands occurring as a result of this work, the Cooley
Landing Wetland Restoration Mitigation and Monitoring Plan (H.T. Harvey & As-
sociates and Phillip Williams and Associates, 1998) proposed the restoration of
115 acres of tidal wetland at the Cooley Landing site.
Midpeninsula Regional Open Space District. Cooley Landing is part of the
Ravenswood Open Space Preserve owned by the Midpeninsula Regional Open
Space District. Cooley Landing will continue to be part of the Ravenswood Open
Space Preserve following completion of the restoration of the former salt pond.
2
Cooley Landina Salt Pond Restoration Site-Specific Spartina Control Pan 8/1712004
General Information
Site Description
Cooley Landing is a 115 acre former salt production pond that is undergoing res-
toration to tidal marsh. Initial restoration activities were completed between Sep-
tember and December of 2000, and included the excavation of two breaches
through the east levee at locations of historic tidal channels. Re-vegetation of
the former salt pond is expected to occur through natural colonization. Perform-
ance criteria for the restoration of Cooley Landing require 70 percent cover of salt
marsh vegetation and less than 5 percent cover of non-native vegetation by the
tenth year following restoration.
Monitoring of the distribution of the non-native Spartina altemiflora (invasive
Spartina, smooth cord grass) within Cooley Landing has been conducted since
2001 in cooperation with the ISP and the University of California at Davis' Bo-
dega Marine Laboratory. An initial application of herbicide to control invasive
Spartina was conducted in 2001. However, a court decision made in 2001 re-
stricted the use of herbicide by private parties at aquatic sites based on condi-
tions in the Statewide General National Pollutant Discharge Elimination System
(NPDES) permit. As a result of this decision, the spread of invasive Spartina at
Cooley Landing since 2001 has been controlled by removal of seed heads and
mowing with power trimmers. Monitoring of invasive Spartina stands that were
sprayed with Rodeo in 2001 indicated that chemical spraying was an effective
means of control at Cooley Landing.
Infestation Description
Prior to opening Cooley Landing to tidal action, 5 adult clones of invasive
Spartina covering a total of 0.1 acres were present along the levees outboard of
the restoration area. Additional clones are known to occur on the adjacent prop-
erties north and south of the restoration area. The five clones were targeted for
control as part of the restoration project in order to eliminate the nearest and
most likely source of hybrid seed to the restoration area. As part of the Section 7
Biological Opinion for the restoration project, the United States Fish and Wildlife
Service (USFWS) allowed control of these clones during the clapper rail breeding
season provided surveys did not find rails in the work area prior to control work.
Three of the five clones occur along a levee that has been lowered to approxi-
mately mean high water (MHW) facilitating dispersal of invasive Spartina seed to
the restoration area.
Since 2001, elevations within the restoration area have increased by as much as
0.8 feet, to approximately 2.8 feet National Geodetic Vertical Datum (NGVD) at
the highest elevations. Spartina at Cooley Landing can be expected to colonize
readily at elevations above 3.2 feet NGVD, and has already begun to colonize
portions of the marsh plain. Thousands of Spartina seedlings have already be-
come established within the restoration area.
3
Cooley Landina Salt Pond Restoration Site-Specific Spartina Control Pan 811712004
In 2003, samples of seedlings growing near known invasive Spartina clones
along the inboard side of the levee in the southeast portion of Cooley Landing
were collected and genetically tested by the ISP and U.C. Davis Bodega Marine
Lab. The results of this testing indicate that approximately 17 percent of the
Spartina seedlings along this transect are hybrids of smooth cord grass and the
native Spartina (Spartina foliosa). In addition to the genetically tested seedlings,
approximately 15 additional adult stands (at least 3 feet in diameter) of invasive
Spartina have been identified within the Cooley Landing Restoration Area
through genetic testing and field identification (Attachment 1; Figure 2).
Ecological Threat and Reason for Prioritization
Control of the Spartina invasion at this site is considered a high environmental
priority for a number of reasons, including the following:
1. The invasive Spartina infestation at Cooley Landing is currently relatively
small, and thus may be manageable. Effective control of invasive
Spartina at Cooley Landing would be consistent with the ISIP's manage-
ment strategy of treating small outlying areas of infestation first to prevent
larger scale infestations from developing.
2. The ISP EIS/R identifies newly restored tidal marshes such as Cooley
Landing, as areas that are highly susceptible to invasion and subsequent
domination by invasive Spartina. Cooley Landing currently has 16 percent
cover of salt marsh vegetation, less than 1 percent of which is Spartina.
Elevations in most of the restoration area are currently below optimal ele-
vations for initial colonization by the native Spartina. Since invasive
Spartina is thought to be able to colonize at lower elevations than native
Spartina, it may colonize Cooley Landing more readily. Also, because
there is less vegetated area in Cooley Landing than at an established salt
marsh, there is more opportunity for smooth cord grass to become estab-
lished.
3. Cooley Landing is located on the fringes of the major invasive Spartina in-
festations in San Francisco Bay. Controlling invasive Spartina at Cooley
Landing would help prevent further spread to areas that do not currently
have high rates of infestation.
4. USFWS requires the percent cover by non-native species, including
Spartina altemiflora, at Cooley Landing to be less than 5 percent at the
end of 10 years. It is highly unlikely that the restoration project will meet
this goal without the use of chemical herbicide to control the invasive
Spartina.
Endangered Species Issues
The ISP EIS/R identified 43 sensitive species of plants and animals that could
occur within the waters and adjacent lands of the San Francisco Estuary (EIS/R
Appendix F). Of these 43 species, 12 were determined to be at sufficient risk of
4
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Cooley Landina Salt Pond Restoration Site-Specific Spartina Control Pan 8117/2004
direct, indirect, or cumulative adverse impacts to require site-specific evaluation
and potential mitigation*. The conditions at Cooley Landing were evaluated to de-
termine the potential presence of these 12 species, and it was concluded that
two endangered species; California clapper rail (clapper rail) and salt marsh har-
vest mouse (harvest mouse) are or may be present within the proposed treat-
ment area. Potential impacts and required mitigations for these species are
summarized below. Additional impacts and mitigation information, including that
for special status species not listed as endangered with the potential to occur at
this site, are discussed in Attachment 2: Environmental Compliance.
California clapper rail. Surveys for clapper rail at Cooley Landing found three
pairs of clapper rails in 1990 along the tidal channel on the northwest side of the
salt pond, and one individual in 1993 along the tidal channel in the southwest
portion of the salt pond. Surveys for clapper rail prior to mowing and spraying of
invasive Spartina between 2001 and 2003 detected one non-breeding individual
in August of 2002. The ISP EIS/R requires control activities to occur outside of
the clapper rail nesting season (September 1 through January 31) unless other-
wise authorized by the USFWS. Approval has been granted by USFWS to use
chemical spray as a means to control invasive Spartina at Cooley Landing with
restrictions given below (Service File No. 1-1-01-F-36). USFWS has stated that
chemical control of non-native Spartina at Cooley Landing will be beneficial to the
California clapper rail in the long term.
The following mitigations will be employed on the site to avoid impacts to the
clapper rail (mitigation information is included in Attachment 2: Environmental
Compliance):
0 For work within the clapper rail breeding season, surveys will be performed ac-
cording to USFWS protocols prior to application of chemical herbicide (CM-1 8)
* Provide clapper rail field biologist supervision. (BIO-5.1)
* Assure that field personnel are trained in general clapper rail biology and clapper
rail identification and call detection. (BIO-5.1)
0 Report any clapper rail activity immediately to a clapper rail field biologist and in
post-treatment report (BIO-5.1)
0 All Best Management Practices and mitigations identified in the ISP EIS/R will be
implemented.
Salt marsh harvest mouse. Prior to restoration activities, there were 16.7 acres
of potential harvest mouse habitat in Cooley Landing. Although no harvest mice
were found within the restoration area, individuals have been documented imme-
diately north and immediately south of Cooley Landing, and were likely to occur
within the project area prior to restoration. As a result of the levee breach, much
Potentially affected species identified by the EIS/R include soft bird's-beak, salt marsh harvest
mouse, harbor seals, California black and clapper rails, salt marsh common yellowthroat, some
tidal marsh song sparrow subspecies, western snowy plovers, California least terns, Chinook
salmon, steelhead, and Sacramento splittail. The EIS/R requires site specific evaluation for the
presence of these species.
5
Cooley Landing Salt Pond Restoration Site-Specific Spartina Control Pan 811712004
of harvest mouse habitat previously present is now flooded too frequently to be
suitable harvest mouse habitat. However, it is anticipated that as silt accumu-
lates, potential for the establishment of harvest mouse habitat will also increase.
Nevertheless, even under current conditions, harvest mouse presence will be as-
sumed for all operations, and appropriate mitigations will be employed for all im-
pacts identified in the EIS/R.
In established tidal marshes, harvest mouse do not inhabit the lower marsh ele-
vations where Spartina is typically found. Control activities only have the poten-
tial to affect harvest mouse habitat during entrance and egress from treatment
areas. In addition to the following mitigations, Best Management Practices in-
cluding minimizing access routes will be utilized to assure the reduction of poten-
tial impacts to the harvest mouse and its habitat (mitigation information is in-
cluded in Attachment 2: Environmental Compliance).
• Use shortest possible access route through any pickleweed habitat. Flag areas of
repeated access (BIO-4.1;CM-13)
• Use protective mats or other covering over pickleweed in areas of repeated ac-
cess (BIO-4.1;CM-13)
Treatment Plan
Management Objectives and Efficacy Criteria
The ultimate goal for management of Spartina altemiflora at Cooley Landing is to
reduce or eliminate the invasive Spartina infestation to allow native salt marsh
vegetation to become established in the restored salt pond. The first objective is
to control the clones on the outboard side of the levees around the restoration
area to eliminate the nearest source of hybrid seed. Because of the inability to
identify the species of seedlings that have colonized the restoration area without
genetic testing the second objective is to target all seedlings within the restora-
tion area until control of the seed sources adjacent to the restoration area has
been accomplished. Following control of adjacent seed sources and the existing
seedlings in the restoration area, the third objective will be to monitor new seed-
lings within the restoration area to determine if hybrid seed is dispersing to the
site from invasive Spartina clones on adjacent properties. Assistance from the
Invasive Spartina Project and adjacent land owners will be necessary to control
these hybrid seed sources. The methods planned for use in meeting this goal
are summarized below.
2004 Season: Existing clones of invasive Spartina along the outboard side of the
eastern levee, and all Spartina seedlings and adult stands within the restoration
area would be sprayed in August of 2004. The size of large existing non-native
Spartina stands will be measured using a Global Positioning System (GPS) prior
to application of herbicide. Comparison of mapped stands between years will
allow determination of the effectiveness of the chemical spraying at Cooley Land-
ing. All mitigation measures and Best Management Practices will be followed
6
Cooley Landina Salt Pond Restoration Site-Specific Spartina Control Pan 8/17/2004
prior to, during, and following the application of herbicide. Mowing may be used
as an alternate method of Spartina control as needed.
2005 Season: Monitoring will be conducted in the spring and will be used to de-
termine the treatment method for the coming summer control effort. Monitoring
will consist of mapping of hybrid clones and seedlings sprayed the previous sea-
son and sampling and genetic testing of new seedlings that have colonized the
restoration area.
Existing clones and seedlings. Control of the existing hybrid clones on the out-
board side of the perimeter levee will continue until they have been eliminated.
Control of the adult clones and seedlings targeted in 2004 will continue until
complete unless the number is reduced so that genetic testing of individuals is
feasible. If genetic testing is feasible, identified hybrids could then be targeted
for selective treatment.
New seedlings. If monitoring of new seedlings within the restoration area deter-
mines that less than approximately 1 or 2 percent are hybrid, it may be feasible
to use selective control that targets genetically identified seedlings and second
year or older plants with hybrid morphology. If more than a few percent of new
seedlings test as hybrids, area wide control will likely be necessary to achieve
control and to meet the required restoration performance criteria of less than five
percent non-native vegetation.
2006—2010 Seasons:Treatment strategies for 2006 through 2010 will be much
like the 2005 treatment season. It is anticipated that the level of treatment nec-
essary for the eradication of invasive Spartina will decrease as existing stands
are eliminated in the restoration area and along the outboard side of the eastern
levee. Monitoring and genetic testing for hybrids of Spartina alterniflora and
Spartina foliosa will continue throughout the monitoring period. If hybrids con-
tinue to colonize the restoration area, assistance from the Invasive Spartina Pro-
ject will be necessary to coordinate control of hybrid clones on adjacent proper-
ties.
If hybrids continue to colonize the restoration area, control of hybrid clones on
adjacent properties and beyond will be necessary before colonization of the res-
toration can be allowed to proceed and the non-native performance criteria met.
Without assistance from the ISP and adjacent landowners in area wide control of
invasive Spartina, it is unlikely that the restoration project will meet both its re-
quired performance criteria of less than five percent non-native vegetation and
seventy percent total vegetative cover.
Treatment Method(s)
Herbicide treatments at Cooley Landing will be performed using a backpack
sprayer, conventional spray truck, and amphibious vehicle. Backpack sprayers
will be used for small patches of Spartina throughout most of the marsh. A con-
ventional spray truck equipped with a low volume directed spray hose will be
used for Spartina growing close to the levee roads surrounding the site. The
amphibious vehicle (Argo) will be used to replenish herbicide in backpack spray-
7
Cooley Landing Salt Pond Restoration Site-Specific SparOna Control Pan 8/1712004
ers and spray some of the larger stands in the center of the site using a low vol-
ume directed spray hose. A glyphosate herbicide will be used for all herbicide
applications. A weed whacker will be used as needed for all mechanical treat-
ment. Due to the small size of the site and small numbers of Spartina stands
currently present, it is anticipated that herbicide application will occur over the
course of 1-2 days for the initial few seasons. After the initial applications, it is
likely that only 1 day will be needed for herbicide application.
Access and Timing
The treatment areas are to be accessed via the adjacent levees, and by walking
through mudflats and marsh areas to reach treated stands. No access roads or
ramps will need to be constructed. The Midpeninsula Regional Open Space Dis-
trict will be contacted to obtain written approval for access to the site prior to
each treatment. All treatment methods will be implemented at low tide.
Equipment and Materials
A general description of the equipment and materials needed for each treatment
method follows.
Herbicide Application
Herbicide treatments at Cooley Landing will be performed using a backpack
sprayer, conventional spray truck, and amphibious vehicle. Personnel that have
been certified in herbicide application will use 4-gallon pump-action herbicide
backpack sprayers to treat small patches of Spartina throughout most of the
marsh. A conventional spray truck equipped with a low volume directed spray
hose will be used for Spartina growing close to the levee roads surrounding the
site. The amphibious vehicle (Argo) will be used to replenish herbicide in back-
pack sprayers and spray some of the larger stands in the center of the site using
a low volume directed spray hose.
Site Safety and Spill Prevention
A Site Safety, Spill Prevention, and Drift Reduction Plan will be provided by the
contractor selected to perform herbicide at Cooley Landing. WRA will review all
safety paperwork provided by the contractor to ensure compliance with measures
in the ISP Programmatic EIS/R. The ISP safety plans are included as Attach-
ment 3.
8
Cooley Landing Salt Pond Restoration Site-Specific Spartina Control Pan 8117=04
Permitting and Environmental Compliance
Required Permits and Authorizations
All applicable authorizations and permits for restoration and invasive species
control at Cooley Landing have been obtained. A list of applicable permits is in-
cluded below.
Table 1. Applicable Permits for Restoration and Invasive Species Control for the Cooley Landing
Salt Pond Restoration.
Agency Permit/File Number Applicability
U.S.Army Corps of Permit No. 2388S Authorized dredge and fill operations associ-
Engineers ated with the restoration of the Cooley Landing
Salt Pond
San Francisco Bay Permit No. M98-76 Granted approval of the"Cooley Landing Wet-
Conservation and De- land Restoration Mitigation and Monitoring
velopment Commis- Plan"and performance criteria.
sion
RWQCB File No. 2178.07 Waiver of Waste Discharge Requirement and
Water Quality Certification granted conditional
on compliance with terms of permits granted by
other applicable agencies
U.S. Fish and Wildlife File No. 1-1-99-F-197 Granted approval for implementation of the
Service "Cooley Landing Wetland Restoration Mitiga-
tion and Monitoring Plan". Required less than
5 percent cover by non-native invasive species
within the restoration area.
File No. 1-1-01-F-36 Approval for herbicide spraying of Spartina al-
temiflora during California Clapper Rail breed-
ing season
File No. 1-1-02-TA- Approval granted on request to amend method
2592 of Spartina altemiflora control to include mow-
ing during Clapper Rail breeding season. Re-
quest made as a result of suspension of use of
Rodeo in aquatic sites pending an EIS/R and
NPDES permit.
Further permits are not necessary for mowing at Cooley Landing, as hand mow-
ing is done on a limited scale in the project area and does not result in generation
of large scale anoxic conditions and does not threaten to clog tidal channels.
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Cooley Landing Salt Pond Restoration Site-Specific Suartina Control Pan $117/2004
Mitigation and Conservation Measures
Pursuant to the ISP Programmatic EIS/R, the project has been evaluated to de-
termine potential site-specific impacts and necessary mitigation and conservation
measures. This evaluation is attached as Site-Specific Project Impact Evalua-
tion and Site Specific Project Mitigation checklists (Attachment 2: Environ-
mental Compliance). All mitigations identified in the Site Specific Project Mitiga-
tion checklist will be implemented and verified by WRA and other subcontractors.
Compliance Monitoring and Reporting
The Project will comply with all applicable regulations and permits and will submit
reports according to the requirements of the agencies. Monitoring for compliance
with the statewide NPIDES permit will be completed according to the Water Qual-
ity Monitoring Plan (WQMP) developed by the ISP.
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Cooley Landing Salt Pond Restoration Site-Specific Spartina Control Pan 8/17/2004
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Attachment 1. Site Maps
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17
EVAPORATORS • «7 �Y
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a fib.. - .. •.i6 - ��."M.�:s_�.:5,. .. r":. � rr�' +. 't ..► ''
Basemap from USGS Quadrangle Map
Palo Alto, California 1991
a 0 1000 2000
a SCALE IN FEET
1
SITE LOCATION MAP
Cooley Landing Figure 1
Menlo Park, California
1 Ir
1
a'
Treatment Areas
Approximate Density of Spartina
High 15-25 percent cover
Moderate 5-15 percent cover
Low<5 percent cover
Known Spartina Alterniflora patches
Attachment 1-B. Proposed Spartina treatment areas at Cooley Landing. August 2004.
1 Aa-m hAmackfts in
0 150 300 450 600
Feet Dale:,,. N.
nap By:1p.j.
f ikpaftl: Al—I:\I prvJ•cc\130aa\,4r?lap\Contractor Map 2004
Cooley Landino Salt Pond Restoration Site Specific Soartlna Control Pan $117/2004
Attachment 2. Environmental Compliance
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IMPACT CI-IECK11ST Cooley Landing Salt Pond: TSN:ISP-2004-16
SITE-SPECIFIC PROJECT IMPACT EVALUATION
Site Name: Cooley Landing TSN. ISP-2004-16
Applicable Mitigations*
Applicable Additional
to (by Treatment Method used at site) Comments/Analysis of Mitigation
Impact' site Herbicide Mowing Residual Impact at site Required
GEO-1: Erosion or deposition of NA/NE NAME-Proposed activities are not ground None
sediment at treatment site disturbing and will not elevate erosion
above ambient levels.
GEO-2: Erosion or topographic A GEO-2 Herbicide: Residual impact LTS/NLTAE None
change of marsh and mudflat by
vehicles used in eradication Potential impacts mitigated to less than
significant.Site conditions consistent with
those anticipated in the PSIS/R.
GEO-3: Remobilization of sand in NAME NA/NE—No sandy estuarine beaches are None
cordgrass stabilized estuarine present at the project site
beaches
GEO-4: Increased demand for NAME NA/NE-No dredging/sediment disposal None
sediment disposal and potential proposed
spread of invasive cordgrass via
sediment disposal.
GEO-5: Increased volume and A GEO-5 GEO-5 No adverse impact(see EIS/R GEO-5 dis- None
velocity of tidal currents in than- cussion).Site conditions consistent with
nels due to the removal of invasive those anticipated in the PETS/R.
cordgrass.
GEO-6: Increased depth and tur- A GEO-6 GEO-6 No adverse impact(see EIS/R GEO-6 dis- None
bulence of tidewaters impounded cussion).Site conditions consistent with
in salt marsh pans. those anticipated in the PETS/R.
WQ-1:Degradation of Water Qual- A WQ-1 LTS/NLTAE—Potential impacts mitigated None
ity due to Herbicide Application to less than significant.Site conditions con-
sistent with those anticipated in the PEIS/R.
Key: *Impact and mitigation numbering from ISP Control Program Programmatic EIS/R,August 2003
NA/NE -Not applicable/No effect
LTS/NLTAE -Less than significant impact/ Not Likely to Adversely Effect
SU-Significant but immitigable impact
USFWS BO-US Fish&Wildlife Service Biological Opinion
Page 1 of 6
IMPACT C F ECKLIST Cooley Landing Sah Pond Restoration
Applicable Mitigations*
Applicable Additional
to (by Treatment Method used at site) CommentslAnalysis of Mitigation
Impact* site Herbicide Mowing Residual Impact at site Required
WQ-2:Degradation of Water Qual- A WQ-2 LTS/NLTAE—Potential impacts mitigated None
ity due to Herbicide Spills to less than significant. Site conditions con-
sistent with those anticipated in the PETS/R.
WQ-3:Degradation of Water Qual- A WQ-3 WQ-3 LTS/NLTAE—Potential impacts mitigated None
ity due to Fuel or Petroleum Spills to less than significant.Site conditions con-
sistent with those anticipated in the PEIS/R.
WQ-4:Degradation of Water Qual- NA/NE NA/NE-No dredging or other sediment- None
ity due to Contaminant mobilizing activities proposed.
Remobilization
WQ-5:Water Quality Effects Re- NA/NE NA/NE—This impact only applies to EIS/R None
sulting from Sediment Accretion Alternative 3.
B10-1.1: Effects on tidal marsh NAME NAME—Field surveys found no salt- None
plant communities affected by salt- meadow or English cordgrass at this site.
meadow cordgrass and English
cordgrass.
BI0-1.2: Effects on tidal marsh A BI0-1.2 1310-1.2 LTS/NLTAE—Potential impacts mitigated None
plant communities affected by to less than significant.Site conditions con-
Atlantic smooth cordgrass and its sistent with those anticipated in the PEIS/R.
hybrids.
BI0-1.1 Effects on tidal marsh NA/NE NA/NE—Field surveys found no Chilean None
plant communities affected by cordgrass at site.
Chilean cordgrass.
BI0-1.4: Effects on submerged NA/NE NA/NE—Field surveys found no eelgrass None
aquatic plant communities. or other submerged aquatic plants at site.
810-2: Effects on special-status NAME NA/NE-Field surveys found no special- None
plants in tidal marshes. status plant species at site.
13I0-3: Effects on shorebirds and A B10-3 13I0-3 LTS/NLTAE—Potential impacts mitigated None
waterfowl. to less than significant.Site conditions con-
sistent with those anticipated in the PEIS/R.
Key: *Impact and mitigation numbering from ISP Control Program Programmatic EIS/R,August 2003 2 of 6
NA/NE-Not applicable/ No Effect
LTS/NLTAE-Less Than Significant Impact/ Not Likely to Adversely Effect
SU-Significant but Unmitigable impact
USFWS BO-US Fish&Wildlife Service Biological Opinion
IMPACT C�IEC KUST Cooley Landing Salt Pond Restoration
Applicable Applicable Mitigations* Additional
to (by Treatment Method used at site) CommentslAnalysis of Mitigation
i
Impact* site Herbicide Mowing Residual Impact at site Required
BIO-4.1: Effects on the salt marsh A BIO-4.1 BIO-4.1 LTS/NLTAE-Potential impacts mitigated None
harvest mouse and tidal marsh to less than significant.Site conditions con-
shrew species. sistent with those anticipated in the PEIS/R.
BIO-4.2: Effects on resident har- NAME NA/NE-No harbor seal colonies at or near None
bor seal colonies of San Francisco site.
Bay.
BIO-4.3: Effects on the southern NA/NE NA/NE-Outside of known range of south- None
sea otter. ern sea otters.
BIO-5.1: Effects on California A BIO-5.1 BIO-5.1 LTS/NLTAE at site-Potential project im- None
clapper rail. pacts mitigated at site.
SU cumulative impacts addressed in EIS/R
and CEQA findings.
BIO-5.2: Effects on NAME NA/NE-Outside of known range black None
the California black rail. rails.
BIO-5.3: Effects on tidal marsh A BIO-5.3 BIO-5.3 LTS/NLTAE-Potential impacts mitigated None
song sparrow subspecies and the to less than significant. Site conditions con-
salt marsh common yellowthroat. sistent with those anticipated in the PEIS/R.
BIO-5.4: Effects on California least A BIO-5.4 BIO-5.4 LTS/NLTAE-Potential impacts mitigated None
terns and western snowy plovers. to less than significant.Site conditions con-
sistent with those anticipated in the PEIS/R.
BIO-5.5: Effects on raptors(birds A BIO-5.5 LTS/NLTAE-Potential impacts mitigated None
of prey). to less than significant. Site conditions con-
sistent with those anticipated in the PSIS/R.
BIO-6.1: Effects on anadromous A BIO-6.1 LTS/NLTAE-Potential impacts mitigated None
salmonids(winter-run and spring- to less than significant.Site conditions con-
run Chinook salmon,steelhead). sistent with those anticipated in the PEIS/R.
BIO-6.2: Effects on delta smelt NA/NE NA/NE-Outside of known delta smelt and None
and Sacramento splittail. Sacramento splittail range.
Key: *Impact and mitigation numbering from ISP Control Program Programmatic EIS/R,August 2003 3 of 6
NA/NE-Not applicable/ No Effect
LTS/NLTAE-Less Than Significant Impact/ Not Likely to Adversely Effect
SU-Significant but Unmitigable impact
USFWS BO-US Fish&Wildlife Service Biological Opinion
IMPACT CHECKLIST Cooley Landing Salt Pond Restoration
Applicable Applicable Mitigations' Additional
to (by Treatment Method used at site) CommentslAnalysis of Mitigation
Impact' site Herbicide Mowing Residual Impact at site Required
f
BIO-6.3: Effects on the tidewater NA/NE NAME-Outside of known range of tidewa- None
goby. ter goby.
BIO-6.4: Effects on estuarine fish A 1310-6.4- LTS/NLTAE with additional mitigation BIO- BIO-6.4(b)-R-11
populations of shallow submerged minimize 6.4(b) will not be used
intertidal mudflats and channels. spraying adjacent to channel
to minimize any
potential adverse
affects on estuarine
fish.
1310-7: Effects on NA/NE NA/NE-Suitable habitat for California red- None
California red-legged frog and San legged frog and San Francisco garter
Francisco garter snake. snake is not present at the site.
1310-8: Effects of regional invasive NAME NAME-Site activities will not create addi- None
cordgrass eradication on mosquito tional mosquito habitat.
production.
BIO-9: Effects on tiger beetle spe- NA/NE NA/NE-no potential tiger beetle habitat will None
cies. be affected.
AQ-1: Dust Emissions. A AQ-1 AQ-1 LTS/NLTAE-Potential impacts mitigated to None
less than significant.Site conditions consis-
tent with those anticipated in the PEIS/R.
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AQ-2:Smoke Emissions. NA/NE NA/NE-no burning proposed. None
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AQ-3: Herbicide Effects on NA/NE NA/NE-Impact applies only to aerial ap- None
Air Quality. plication of herbicide by helicopter. No
aerial application of herbicide proposed for
the site.
AQ-4:Ozone Precursor Emis- NA/NE LTS/NLTAE without mitigation. None
sions.
AQ-5:Carbon Monoxide(CO) NAME LTS/NLTAE without mitigation. None
Emissions.
Key: *Impact and mitigation numbering from ISP Control Program Programmatic EIS/R,August 2003 4 of 6
NA/NE-Not applicable/ No Effect
LTS/NLTAE-Less Than Significant Impact/ Not Likely to Adversely Effect
SU-Significant but Unmitigable impact
USFWS BO-US Fish&Wildlife Service Biological Opinion
IMPACT CHECKLIST Cooley Landing Salt Pond Restoration
Applicable Applicable Mitigations* Additional
to (by Treatment Method used at site) CommentsiAnalysis of Mitigation
Impact* site Herbicide Mowing Residual Impact at site Required
N-1: Disturbance of Sensitive Re- A N-1 N-1 LTS/NLTAE-Potential impacts mitigated to None
ceptors less than significant.Site conditions consis-
tent with those anticipated in the PETS/R
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HS-1: Worker Injury from Acci- A HS-1 LTS/NLTAE-Potential impacts mitigated None
dents Associated with Manual and to less than significant per EIS/R Im-
Mechanical Cordgrass Treatment. pact/Mitigation HS-1.
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HS-2:Worker Health Effects from A HS-2 LTS/NLTAE-Potential impacts mitigated to None
Herbicide Application. less than significant.Site conditions consis-
tent with those anticipated in the PETS/R.
HS-3: Health Effects to the Public A HS-3 LTS/NLTAE-Potential impacts mitigated to None
from Herbicide Application. less than significant.Site conditions consis-
tent with those anticipated in the PETS/R.
HS-4: Health effects to workers or A HS-4 LTS/NLTAE-Potential impacts mitigated to None
the public from accidents associ- less than significant.Site conditions consis-
ated with treatment. tent with those anticipated in the PEIS/R.
VIS-1:Alteration of Views from A VIS-1 VIS-1 SU-impacts addressed in EIS/R and None
Removal of Non-Native Cordgrass CEQA findings.Site conditions consistent
Infestations. with those anticipated in the PETS/R.
VIS-2:Change in Views from na- NA/NE NA/NE-Applies only to PETS/R Alternative None
tive Marsh,Mudflat,and Open 3(No Action)
Water to Non-Native Cordgrass
Meadows and Monocultures.
LU-1:Land Use Conflicts Between A LU-1 LTS/NLTAE-Limited to less than signifi- None
Herbicide Use and Sensitive Re- cant by HS, N and AQ mitigations.
ceptors
LU-2: Land Use Conflicts from A AQ-1 LTS/NLTAE-Limited to less than signifi- None
Mechanical and Burning Treat- cant by AQ mitigations
ment Methods
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Key: *Impact and mitigation numbering from ISP Control Program Programmatic EIS/R,August 2003 5 of 6
NA/NE-Not applicable/ No Effect
LTS/NLTAE-Less Than Significant Impact/ Not Likely to Adversely Effect
SU-Significant but Unmitigable impact
USFWS BO-US Fish&Wildlife Service Biological Opinion
IMPACT CHECKLIST Cooley Landing Sah Pond Restoration
Applicable Applicable Mitigations* Additional
to (by Treatment Method used at site) Comments/Analysis of Mitigation
Impact* site Herbicide Mowing Residual Impact at site Required
CUL-1: Disturbance or Destruction NA/NE NA/NE-No-ground disturbing treatment None
of Cultural Resources from Access methods proposed
and Treatment.
CUL-2: Loss of Cultural Re- NA/NE NA/NE-No erosion-producing activities None
sources from Erosion. proposed
CUM-1-Effects of wetland restora- A CUM-1 CUM-1 LTS/NLTAE-Project site is a wetland res- None
tion projects on spread of non- toration project,therefore control of inva-
native cordgrass sive Spartina inherently reduces the spread
to wetland restoration projects
CUM-2-Cumulative damage to NA/NE NA/NE-No Mosquito Abatement Districts None
marsh plain vegetation working on this site
CM-7-Post-treatment invasion by A CM-7 CM-7 LTSINLTAE-Potential impacts mitigated to None
invasive species less than significant(per USFWS 130 CM-
7).
Key: Impact and mitigation numbering from ISP Control Program Programmatic EIS/R,August 2003 6 of 6
NA/NE-Not applicable/ No Effect
LTS/NLTAE- Less Than Significant Impact/ Not Likely to Adversely Effect
SU-Significant but Unmitigable impact
USFWS BO-US Fish&Wildlife Service Biological Opinion
NffnGATION CHECKLIST Cooley Landing Salt Pond: 5N:ISP-2004-16
SITE-SPECIFIC PROJECT MITIGATION
Site Name: Cooley Landing, San Mateo County TSN: ISP-2004-16
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Verification Signatures
Applicable Mitigation& Implementation Implementing ISP Field
Impact* Conservation Measures(source**) Herbicide Mowing Timing Entity Supervisor
GEO-2: Erosion or topographic Minimize vehicle use in marsh X During treatment
change of marsh and mudflat by (GEO-2;CM-1)
vehicles used in eradication
WQ-1: Degradation of Water Qual- Apply herbicide directly to plant at X During treatment
ity due to Herbicide Application low tide and according to label.
(WQ-1; CM-3&4)
WQ-2: Degradation of Water Qual- Apply under supervision of trained X During treatment
ity due to Herbicide Spills applicator(WQ-2;CM-3)
Implement spill and containment X During treatment
plan provided by contractor and
approved by WRA(WQ-2;CM-17)
WQ-3: Degradation of Water Qual- Implement spill and containment X X During treatment
ity due to Fuel or Petroleum Spills plan provided by contractor and
approved by WRA(WQ-3;CM-17).
BI0-1.2: Effects on tidal marsh Minimize entry and re-entry into X X During treatment
plant communities affected by At- marsh(BIO-1.2;CM-1)
lantic smooth cordgrass and its
hybrids. Avoid staging in high,dense vege- X X During treatment
t i n 1 nt r pickle-
weed o such as gump a o p e
weed(FWS GIL)
Place mats or other protectors be- X During treatment
neath heavy equipment operating
in sensitive high marsh vegetation,
especially gumplant(BIO-1.2)
Avoid herbicide application to non- X During treatment
target vegetation adjacent to treat-
ment area. (BIO-1.2;CM-3,4)
Impact numbering from ISP Programmatic EIS/R,September 2003.
**Mitigations and control measures include ISP Programmatic EIS/R mitigations (e.g.,BIa 1.2),U.S.FWS general biological opinion conservation
measures (e.g.,CM-3),U.S.FWS site-specific biological opinion conservation measures (e.g.,SSCM-3),recommendations from U.S.FWS guidance
letters (e.g.,FWS GL),and California Department of Fish and Game recommendations (e.g.,DFG).
Page 1 of 5
MITIGATION CHECKLIST Cooley Landing Salt Pond:TSN:ISP-2004-16
Verification Signatures
Applicable Mitigation& Implementation
Implementing ISP Field
Impact' Conservation Measures(source') Herbicide Mowing Timing Entity Supervisor
BIO-3: Effects on shorebirds,wa- Avoid working within 1,000 feet of X X During treatment
terfowl&marshland birds. occupied mudflats during peak
Pacific Flyway stopovers.(131O-3)
Occupy treatment area soon after X X During treatment
high tide,before mudflats emerge.
(810-3)
Haze shorebirds to minimize poten- X During treatment
tial direct contact with herbicide
drift. (BIO-3)
BIO-4.1: Effects on the salt marsh Use shortest possible access route X X During treatment
harvest mouse and tidal marsh through any pickleweed habitat.
shrew species. Flag areas of repeated access
(BIO-4.1;CM-15)
Use protective mats or other cover- X X During treatment
ing over pickleweed in areas or
repeated access(BIO-4.1;CM-15)
BIO-5.1: Effects on California clap- For work within the Clapper Rail X X Pre-treatment
per rail. breeding season,call counts will be
performed prior to application of
herbicide according to FWS proto-
cols(CM-18)
Provide CLRA Field biologist su- X X During treatment
pervision. (131O-5.1)
Assure that field personnel are X X Pretreatment and
trained in general CLRA biology during treatment
and CLRA identification and call
detection. (1310-5.1)
Report any CLRA activity immedi- X X During and post
ately to the on-site field biologist treatment
and in post-treatment report(BIO-
5.1)
Impact numbering from ISP Programmatic EIS/R,September 2003.
:�*N itigations and control measures include ISP Programmatic EIS/R mitigations (e.g.,BIC>-1.2),U.S.FWS general biological opinion conservation
measures (e.g.,CM-3),U.S.FWS site-specific biological opinion conservation measures (e.g.,SSCM-3),recommendations from U.S.FWS guidance
letters (e.g.,FWS GL),and California Department of Fish and Game recommendations (e.g.,DFG).
Page 2 of 5
MITIGATION CHECKLIST Cooley Landing Salt Pond:TSN.ISP-2004-16
Applicable Mitigation& Verification Signatures
pP g Implementation Implementing ISP Field
Impact" Conservation Measures(source—) Herbicide Mowing Timing Entity Supervisor
BIO-5.3: Effects on tidal marsh Report any SMSS and SCYE activ- X X During treatment
song sparrow subspecies and the ity immediately to ISP Field Super-
salt marsh common yellowthroat. visor and in post-treatment report
(BIO-5.3)
Avoid spraying or removing Grinde- X X During treatment
lia plants in the marsh
Watch for Song Sparrow presence X X During and post
in the work area during early sea- treatment
son treatment work(pre-August),
especially in the smaller, upper
reaches of channels.
BIO-5.4: Effects on Survey access levees for nesting X X Pre-treatment
California least terns and western CALT and WSPL prior to entry
snowy plovers. (BIO-5.4;CM-20)
Report any CALT and WSPL activ- X X During and post
ity immediately to on-site field bi- treatment
ologist and in post-treatment report
(BIO-5.4)
BIO-5.5:Effects on raptors(birds of Identified nests shall be provided a X During treatment
prey) buffer of 500 feet during spray op-
erations.(BIO-5.5)
BIO-6.1: Effects on anadromous Target herbicide applications to X During treatment
salmonids(winter-run and spring- minimize herbicide use near chan-
run Chinook salmon,steelhead). nel.(BIO-6.1)
Avoid use of alylphenol ethoxylate X During treatment
surfactants Dec 1 thru April 1 to
avoid steelhead spawning.(BIO-
6.1)
BIO-6.4: Effects on estuarine fish Bio-6.4—minimize spraying near X During treatment
populations of shallow submerged intertidal mudflats and channels
intertidal mudflats and channels. (BIO-6.4)
*Impact numbering from ISP Programmatic EIS/R,September 2003.
**Mitigations and control measures include ISP Programmatic EIS/R mitigations (e.g.,BIa 1.2),U.S.FWS general biological opinion conservation
measures (e.g.,CM-3),U.S.FWS site-specific biological opinion conservation measures (e.g.,SSCM-3),recommendations from U.S.FWS guidance
letters (e.g.,FWS GL),and California Department of Fish and Game recommendations (e.g.,DFG).
Page 3 of 5
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MITIGATION CHECKLIST Cooley Landing Salt Pond:'I5N:ISP-2004-16
Verification Signatures
Applicable Mitigation&
Implementation Implementing ISP Field
Impact* Conservation Measures(source**) Herbicide Mowing Timing Entity Supervisor
Avoid use of alylphenol ethoxylate X During treatment
surfactants adjacent to channel to
minimize any potential adverse
affects on estuarine fish. (BIO-6.4)
AQ-1: Dust emissions Suspend activities when winds are X During treatment
too great to prevent visible dust
clouds from affecting sensitive re-
ceptors(i.e., houses,schools, hos-
pitals). (AQ-1)
Limit traffic speeds on any dirt ac- X During treatment
cess roads to 15 miles per hour.
(AQ-1)
N-1: Disturbance of Sensitive Re- Comply with local noise ordinances X X During treatment
ceptors (N-1)
HS-1: Worker Injury from Acci- Appropriate safety procedures and X During treatment
dents Associated with Manual and equipment shall be used by work-
Mechanical Cordgrass Treatment. ers to minimize risks associated
with manual and mechanical treat-
ment methods
HS-2:Worker Health Effects from Follow handling and application X During treatment
Herbicide Application. procedures as identified on product
label. (HS-2;CM-3)
HS-3: Health Effects to the Public Minimize drift according to drift X During treatment
from Herbicide Application. management plan provided by con-
tractor and approved by WRA.
(HS-3;CM-3,4)
Post appropriate signage within 24 X Pre-treatment
hours of a treatment(HS-3;CM-3)
Avoid scheduling herbicide applica- X Pre-treatment
tion near high public use areas and during
during weekends or holidays,or treatment
close public access to area 24
hours before and after treatment.
(HS-3;CM-3)
Impact numbering from ISP Programmatic EIS/R,September 2003.
"'Mitigations and control measures include ISP Programmatic EIS/R mitigations (e.g.,BIa 1.2),U.S.FWS general biological opinion conservation
measures (e.g.,CM-3),U.S.FWS site-specific biological opinion conservation measures (e.g.,SSCM-3),recommendations from U.S.FWS guidance
letters (e.g.,FWS GL),and California Department of Fish and Game recommendations (e.g.,DFG).
Page 4 of 5
MITIGATION CHEC UST Cooley Landing Salt Pond:TSN:ISP-2004-16
Verification Signatures
Applicable Mitigation& Implementation Implementing ISP Field
Impact* Conservation Measures(source**) Herbicide Mowing Timing Entity Supervisor
HS-4: Health effects to workers or Maintain Site Safety and Spill Pre- X During treatment
the public from accidents associ- vention plan on site. (HS-4)
ated with treatment.
VIS-1:Alteration of Views from Post appropriate signage according X X Pre-treatment,
Removal of Non-native Cordgrass to ISP signage protocols. (VIS-1) during treatment,
Infestations. post-treatment
CUM—1 —Effects of wetland resto- As approved by USFWS and re- X X Pre-treatment
ration projects on spread of non- quired in RWQCB, BCDC,and and during treat-
native cordgrass. Corps of Engineers permits,control ment
of invasive cordgrass will continue
at the project site until native vege-
tation has become established.
CM-7: Invasive Species Monitor cleared patches for re- X X Post treatment
cruitment of invasive plant species
including perennial pepperweed
until native vegetation has become
dominant(CM-7)
*Impact numbering from ISP Programmatic EIS/R,September 2003.
**Mitigations and control measures include ISP Programmatic EIS/R mitigations (e.g.,BIa 1.2),U.S.FWS general biological opinion conservation
measures (e.g.,CM-3),U.S.FWS site-specific biological opinion conservation measures (e.g.,SSCM-3),recommendations from U.S.FWS guidance
letters (e.g.,FWS GL),and California Department of Fish and Game recommendations (e.g.,DFG).
Page 5 of 5
i
Cooley Landina Salt Pond Restoration Site-Specific Spartina Control Pan 8/17/2004
Attachment 3. ISP Safety Plans
I
I
Draft 8/17/2004
General Site Safety Protocols for working in marshes, mudflats
and tidal areas of the San Francisco Estuary
San Francisco Estuary Intusize Spartin a Project
Overview:Tidal lands of the San Francisco Estuarypresent manyunique hazards to workers,
researchers,recreational users and others who must access intertidal areas during the performance of
their activity.The following is a summary of some of the hazards one may encounter when accessing
these areas,and suggested precautions. There is no assertion made here,either stated of implied,
that this list is comprehensive of all hazards that could possibly be encountered while in intertidal
areas of the Estuary. Caution should be exercised at all times while in these areas,and common-
sense danger avoidance techniques should be employed.
Teams:
Aluu)s travi with a partner-when entering or uorkirg in nu7shlands. There are many hidden hazards
associated with marshland travel and work that are not readily discernable at first glance. A team of
at least two individuals adds a necessary level of safety for any work or activity taking place in the
marsh.
Superzzson should pmude daily worker safety brigiV prior to mmrrnang cork on site.These briefings need not
be exhaustive,but should include any new information the supervisor may have obtained about the
work conditions on the site,weather conditions,team assignments,equipment condition,or other
pertinent issues.
Channels:
I
Watdr for hidden drarrrls and holes in the nunh plain as)vu trawne the marsh. Often smaller channels in the
marsh are obscured by vegetation.These channels can be quite deep,and may result in a sprain or
pulled muscle,or possible fractures. Use a probe,like a stick or staff to check ahead of your path for
unseen channels. Keep alert for vegetation changes,like Grindelia(Gumplant) which grows along
channel edges,and may indicate a hidden channel.
Uunnd banks can sonrth- s be quite soft;and the nail that Bases the da and can often he unsta& It is not
unusual to sink dee 1 into these muds.This could be dangerous durin in w p yg an incoming o g tide. Always
probe the mud within channels to test its ability to support your weight before stepping forward.
C fmmrls often block dirt rues dNmgb the MMh. These channels can be quite small or very large. Great
caution should be observed when considering crossing these channels. It may seem worthwhile in
most cases to leap across the channel to get to the other side.This should only be done on the
smaller channels,when your partner is able to follow,when you have surveyed the route for alternate
paths around the channel,and at low tide. Large channels should be avoided entirely,and placing
driftwood bridges over these channels is not advised. Workers may fall from unstable bridges into
larger channels and risk injury,drowning,hypothermia,or equipment destruction. It is best in these
situations to find a way around the channel.
General Site Safety Protocols for work in intertidal terrain of the San Francisco Estuary
San Francisco Estuary Invasive Spartina Project
Page I of 3
Draft 8/17/2004
Mudflats:
Mx#lats at low tide can be quite darWw to the w prepared Often these flats are extremely soft,making
travel over them slow and messy. Without proper footwear made for travel over mudflats (called
"mudders"),workers may sink up to their thighs in mud.
If stuck damply in a rrul k or daamxi boaon;you can often extract yourself by spreading out your weight
over the mud by,in effect,laying or crawling on the muddy surface. Twisting your ankles within
your boots or waders also works to extract your feet from the mud. Assistance from your partner in
the marsh can be essential during these situations.If feet sink into soft mud or quicksand,do not
make violent movements in an attempt to get free.If boots or waders become stuck,slip one foot
out gradually,rest the leg on the surface and gradually free the other leg.By lying on the surface and
spreading the weight,sinking can be avoided.Move to firm ground using a"leopard crawl" (spread
eagled,face down,keeping the maximum area of the body in contact with the ground at all times).
Chemical or Physical Hazards:
Many nunhland anw haze bwn historic sites of cli 1vg or dzspasal.Many marshes have accumulated debris
or wrack that contains all manner of refuse. As a result,some areas have large amounts of this waste
material,and in some cases,toxic waste or hazardous chemicals. Supervisors should be made aware
of any known chemical or toxic waste issues associated with a site and take appropriate precautions.
Workers should be notified prior to the beginning of operations within the marsh what the condition
of the marsh is relative to toxic or hazardous substances,and be appropriately equipped.
All workers in the marsh should,at a minimum,wear footwear able to prevent puncture by sharp
objects. Nails,glass,chunks of concrete,rusty metal and other debris can severely injure workers
without appropriate footwear. Ideally,workers should wear hip or chest waders with reinforced
soles,that are resistant to puncture,tearing or chemicals. In areas where there are known
concentrations of toxic or hazardous substances,a site specific safety plan should be prepared and
work should be supervised by an appropriately trained hazardous materials expert. At a minimum,
workers shall wear protective gloves and eyewear,long-sleeve shirts,and thoroughly wash all clothing
subsequent to work in the marsh. Workers should also thoroughly wash themselves with soap and
water following work activities.
If potentially toxic or hazardous materials are discovered during work activities,the area should be
marked and reported to the appropriate authorities (the County hazardous Materials Office and/or
the Regional Water Quality Control Board).The area should be avoided until the material has been
assessed and/or removed from the site.
Tides:
A ll-uorken in the rmnh shall be mule,nw?e c f dx tidal sdaalicle prior to z¢ in the marsh. Work shall
commence on an ebb tide and cease on the incoming tide or earlier.Allow ample time to return to
non-tidal areas before the incoming tide starts to advance across the work site.This general rule may
be modified in higher marsh habitats where tidal action is lessened,but workers should always be
alert and mindful of working in situations where the incoming tides may trap them,and allow ample
time for exiting the marsh prior to an incoming tide.If in dour get aut. Tides can rise extremely
quickly in some areas,and it is possible that rising tides may outpace the ability of workers to outrun
the increasing water levels,especiallyin soft muds or heavily vegetated marsh plains.
General Site Safety Protocols for work in intertidal terrain of the San Francisco Estuary
San Francisco Estuary Invasive Spartina Project
Page 2 of 3
I
Draft 8/17/2004
Weather.
It is alvay inpo&ant to rmnitor uauber wnhftm prior to and during umk actiziti s within the nunh. Wind,
rain,fog or other inclement weather can mean the difference between a safe work site and an
extremely dangerous one.Winds usually occur in the early afternoon or late morning during the
summer months,though dangerous weather patterns can occur at any time of the year. Rainfall may
subject workers to hypothermia if unprepared,or may result in potentially dangerous floodwaters.
Winds can increase wave action,whip up salt spray or dust. Fog can decrease workers ability to
communicate or discern potential hazards in the marsh. It is ill advised to go into marshland terrain
in bad visibility.For all work performed in the intertidal areas of the Estuary,workers or supervisors
should check weather forecasts prior to commencing work on the site,should monitor weather
conditions for any changes while on site and should modify work plans accordingly to insure the
safety of all personnel.
Communication:
Open lines of wnr o ication him workers in the nunh met be nuirdamerL When more than one team will
be working in the marsh at any one time,it is advisable to have a communication link to a land base,
and between individual teams for safety. In the case of injury,discovery of hazardous materials,
endangered species,cultural artifacts or for other reasons,land-based assistance can be contacted
from the field for immediate help or first aid. On the ground coordination via phone or walkie-talkie
when crews are spread out over the marsh can help to avoid dangerous situations.
General Site Safety Protocols for work in intertidal terrain of the San Francisco Estuary
San Francisco Estuary Invasive Spartina Project
Page 3 of 3
San Francisco Invasive Spartina Project
Spray Drift Reduction Recommendations
Definition of The Department of Pesticide Regulation(DPR)defines pesticide drift as the
pesticide pesticide that moves through the air and is not deposited on the target area at the
drift time of application. Drift does NOT include movement of pesticide and associated
degradation compounds off the target area after application (e.g.,translocation,
volatilization,evaporation,or the movement of pesticide dusts or pesticide residues
on soil particles that are windblown after application.)
The pesticide Pesticide drift,particularly from agricultural fields, has been known to impact
drift issue adjacent residential areas, cause damage to non-target crops,and contaminate the
environment.
How does Low,levels of pesticide drift may occur from all types of pesticide applications.
pesticide Pesticide drift becomes unacceptable when pesticides are applied by imprecise
drift occur? methods or under environmental conditions that prohibit the applicator from
maintaining control over the path the pesticide takes once it leaves the application
equipment.
The San Francisco Estuary Invasive Spartina Project(ISP)has identified the use of herbicide as a critical
component of its Spartina Control Program.The herbicide used for Spartina Control is glyphosate(Rodeo or
Aquamaster),a product with exceptionally low toxicity,approved by U.S. EPA and the State of California for
use in sensitive aquatic and estuarine environments.The human health risks associated with glyphosate are very
low, and it requires no special personal protection measures for handling and application.One of the surfactants
approved for use on ISP projects,LI-700, is corrosive and can cause eye, skin,and respiratory irritation in
humans. I any case,it is desirable to minimize exposure of humans or non-target plants to pesticide drift.
The ISP requires that all herbicide application under the Control Program be managed to minimize spray
drift to protect human health and the environment. Application of herbicide and surfactants in accordance
with product labels(including the Supplemental Labeling for Aerial Application in California)will minimize
spray drift. In addition,the ISP recommends the following:
1. For aerial application of herbicide mixtures:
a. Application should be by helicopter; no airplane application should be used.
b. Directed spray applicators("spray balls")are preferred over broadcast sprayers where ever possible
and appropriate for the treatment needs.
c. Nozzle orifices of broadcast sprayers should be directed backward.
d. Flow of liquid from each nozzle should be controlled by a positive shutoff system.
e. Spray nozzles should be adjustable to allow control of droplet size. Use up to 150 microns for windy
conditions.
f. Boom pressure should not exceed the manufacturer's recommended pressure for the nozzles being used.
g. Herbicide should be applied only when wind speed is 3 to 10 miles per hour at the application site,as
measured by an anemometer positioned four feet above the ground.
h. Discharge should start only after entering the target site; discharge height should not exceed 10-15
feet above the crop or target; discharge should be shut off whenever necessary to raise the equipment
ov
er er obstacles discharge should h g d be shut off before exiting the target site.
2. For ground application of herbicide mixture by vehicle-mounted or towed ground equipment:
a. Herbicide should be applied only when wind speed is 10 miles per hour or less at the application site,
as measured by an anemometer positioned four feet above the ground.
b. Discharge should start after entering the target site; discharge should be shut off before exiting the
target site.
Herbicide Handling, Spill Prevention and Spill Response
To be incorporated into herbicide-based Spartina control operations associated with the
San Francisco Estuary Invasive Spartina Project(ISP)
Emergency Phone Numbers
■ In case of any emergency, call 9-1-1, and follow dispatcher instructions
■ Call ChemTrec's emergency number for instructions on how to handle any
pesticide emergency at 1-800-424-9300
■ Monsanto's emergency number for Monsanto products (Aquamaster) 314-694-
4000
Herbicide Use
■ All herbicides shall be applied by or under the direct supervision of trained,
certified or licensed applicators and in accordance with the product label
■ On-site mixing and filling operations shall be confined to areas appropriately
bermed or otherwise protected to minimize spread or dispersion of spilled
herbicide or surfactant into surface waters
Herbicide Storage
Proper herbicide storage is one of the keys to using herbicides safely. Always wear
rubber gloves when handling herbicides in storage, and review product labels for specific
storage instructions.
General rules for herbicide storage include:
■ Keep all herbicides in their original containers
■ Store herbicides in a locked shelter away from children and animals
■ Store herbicides in a dry cool and well-ventilated area
■ DO NOT subject herbicides to freezing or extremely high temperatures
■ Store herbicides separately from seed, fertilizer, insecticides and food
■ Make periodic inspections of storage facilities and storage containers. Check for
possible leaks, spills and other similar problems
■ Keep appropriate absorbent material in the storage area at all times as well as a
plastic container for storing damaged ed material
■ Reject any broken or leaking containers when herbicides are delivered
■ Do not store herbicides in office or break areas where employees congregate
Container Disposal
Empty herbicide containers must be disposed of according to government regulations or
be returned to the manufacturer for disposal. Empty containers not returned to the
manufacturer can be handled according to the procedures below, as long as local, state
and federal laws are followed:
• Triple rinse containers with water. Always pour the rinse-water into an
appropriate receptacle
• Rinsed containers should be disposed of in a landfill approved for pesticide
disposal or in accordance with applicable government procedures. Check with
your supervisor to find out if and when herbicide containers may be handled in
this manner.
Spill Response Kit
A Spill Response Kit should provided at the work site and be immediately accessible to
all personnel. Some or all of the following items may be included in a Spill Response Kit.
Consider site-specific conditions and the chemicals to be used to determine which of the
following items are appropriate.
■ PVC Gloves or equivalent(to mid forearm)
■ Half-face respirator equipped with approved pesticide cartridge
■ PVC boots or equivalent
■ Chemical resistant splash goggles
■ Vice grip pliers
■ Phillips head screwdriver(2)
■ Shovels
■ Brooms, dustpan
■ Clay granules or a sawdust
■ Activated charcoal or other appropriate absorbent material
■ First aid kit
■ Tyvek coveralls (2 pair)or neoprene coveralls
■ Recovery drums
■ DOT triangular reflector kit
■ Source of clean water and soap
■ In the case of refueling or mixing activities planned on open mudflats the spill
response kit should include a portable wet vacuum or other pumping equipment
Preventing Spills
The following procedures will help to minimize the risk of spills occurring:
■ Keep bags and cardboard containers dry at all times
■ Prevent or correct leaks in herbicide containers and application equipment
■ Properly dispose of all empty pesticide containers
■ Tie down or otherwise secure containers when transporting pesticides to prevent
them from falling from a vehicle
■ Store herbicides only in their original containers or properly labeled service
containers
i
■ Stay alert and attentive when handling or using herbicides
■ Where on-site or in-field transfer of liquid chemicals (herbicide mixtures, fueling
operations) are planned,
Procedures for Liquid Spill Response
The following procedures should be followed in the case of a non-petroleum spill:
■ Put on protective gloves, eyewear, a long-sleeved shirt and pants before cleanup
■ If a container is leaking, immediately transfer the remaining herbicide to another
appropriate container to prevent further spillage
■ If the herbicide was spilled on a person, remove the contaminated clothing and
rinse the product from the body. If necessary, perform appropriate first aid.
■ Cover the spill area with an absorbent material to soak up the herbicide. Common
cat litter, sawdust, soil or sand can all be used for this purpose. Consult the
manufacturer for more specific clean up recommendations.
■ Remove any contaminated items from the spill area to prevent further
contamination
■ Remove the absorbent material with a broom and or shovel after the spill has been
absorbed. Make sure all contaminated soil is removed from the spill area as well.
■ Place the contaminated soil and absorbent material into a suitable container, and
dispose of the container in an approved landfill area
■ Do not wash down the area with water using a high pressure hose. You may
spread the spill and make the herbicide more difficult to contain and clean up.
■ When a spill occurs on a site, or is large enough that you need help to contain of
clean it up, contact a supervisor immediately. In case of a major spill, call the
manufacturer or ChemTrec (Chemical Transportation Emergency Center).
I
Petroleum Fuel Spill Prevention and Response
Spills of gasoline or other petroleum products, required for operation of motorized
equipment, into or near open water could degrade water quality,with potential for
toxicity of contaminant bioaccumulation. Several types of equipment used for treatment
of Spartina may present opportunities for petroleum spills. Equipment used in Spartina
control activities include:
■ Amphibious tracked vehicles
■ Spray Trucks
■ Water-based excavators (e.g. Aquamog)
■ Gas-powered mowers (e.g. Weed-Whackers)
■ Air boats and outboard motor boats
Fueling
Fueling of amphibious tracked vehicles, spray trucks or land-based excavators should be
done offsite at fueling stations or suitable staging areas. A suitable staging area shall be
equipped with sufficient protection to prohibit a petroleum spill from migrating beyond
the immediate fueling area(e.g., an impermeable plastic tarp set between raised berms, a
catch basin or similar portable device).
Water-based excavators, air boats and outboard motor boats shall be fueled offsite at
commercial fueling stations or designated locations such as equipment maintenance
yards. When fueling is done on or adjacent to treatment sites, a spill prevention and
response plan must be prepared and implemented. A copy of this plan shall be provided
to the Invasive Spartina Project at fieldops(uspartina.org.
Gas powered hand held machinery (e.g., weed whackers) shall be refueled on a non-
absorbent tarp or mat placed under machinery to catch any spills.
In addition to spills during refueling operations, small amounts of oil or fuel may leak
from improperly maintained equipment. Before using any equipment in the marsh, check
to make sure that it is in good working order with no signs of leakage or corrosion that
might indicate the potential for inadvertent spills on the work site.
Transport vessels and vehicles, and other equipment(e.g., mower,pumps, etc.) shall not
be serviced or fueled in the field except under emergency conditions.
Under all circumstances it is the responsibility of the applicator to assure that all
P tY PP
precautions are taken prior to initiating work to assure protection of water quality
P g P 9 ty
and the environment. The applicator is also responsible for the provision of a Spill
Response Kit that is appropriate for the work being undertaken.
Regional Open Sp.ce
R-04-82 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 04-18 ('EIA-111RA4ING ;0 YEARS OF 0III-S SPA(- PRfr,"E€ RATION
August 25, 2004
AGENDA ITEM 4
AGENDA ITEM
Approval of Salary Adjustment and Meritorious Pay Award for District General Manager and
Approval of District General Manager's Employment Agreement
AD HOC BOARD APPOINTEE EVALUATION COMMITTEE'S RECOMMENDATIONS
1. As a result of the Board's evaluation of the General Manager's performance for the period of
March 10, 2003 through March 9, 2004 and compensation review for the position, the Ad
Hoc Board Appointee Evaluation Committee recommends a 5% meritorious pay award based
on the General Manager's performance in meeting and exceeding his goals and objectives and
a three point salary adjustment for fiscal year 2004-2005, retroactive to March 10, 2004.
2. Adopt the attached resolution approving the General Manager's Employment Agreement to
reflect an adjusted salary of$148,465.97 and approving a 5% meritorious pay award totaling
$7,204.98.
DISCUSSION
The Board completed its annual evaluation of the General Manager's performance and
compensation for the position at its August 11, 2004 meeting. The Ad Hoc Board Appointee
Evaluation Committee, composed of Directors Cyr, Davey and Siemens, met with the General
Manager to review his compensation.
The District General Manager's current salary is $144,099.61. Based on the General Manager's
performance, the Committee recommends an annual salary adjustment of three points, which is
the same adjustment received by all District employees for fiscal year 2004-2005. The General
Manager's adjusted salary would be $148,465.97. This increase would be retroactive to March
10, 2004, the anniversary date for his initial hiring and Employment Agreement with the District.
The Employment Agreement calls for an annual salary review and contemplates a determination
of an adjustment each anniversary date; therefore, a retroactive date for this adjustment is
appropriate.
A
The Committee recognized that the original Employment Agreement with the General Manager
was entered into on March 9, 1994 and has been amended 9 times since then (once each year as a
part of the evaluation process). Most of the Amendments to the original Agreement were the
result of annual salary adjustments; however, there were also other refinements and negotiated
changes to the Agreement over this period of time. The original Agreement is also somewhat
dated in form, so we have asked General Counsel to prepare a new Employment Agreement to
update and incorporate previous amendments and modernize the Agreement. It has been
33o Distel Circle 650-691-12oo info@openspace.org BOARD OF DIRECTORS:Pete Siemens,fury 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
e 2
R-04-82 Page
reviewed by General Counsel. The new Agreement is therefore attached to the Resolution and
recommended for approval by the Committee.
Based upon the Board's review of the General Manager's performance during the evaluation
period, the Committee also recommends that a 5% meritorious pay award ($7,204.98) be granted
the General Manager. This award is not a salary adjustment, but rather is granted as a one-time
award in recognition for performance during his year of service from March 10, 2003 through
March 9, 2004. The Board is very pleased with the General Manager's overall performance
is during the past year. Significant accomplishments included:
• The hiring of 38 positions (including 5 promotions, 18 seasonal staff, 5 interns, and 15
permanent staff). This process covers the last 16 months; last year's turnover rate was
11.5%.
• The Workplace Enhancement Plan (WEP) implementation is ongoing, with regular
department meetings as well as individual meetings and a new ongoing WEP evaluation
system incorporating a review at each Management Team Meeting.
• Acquired 1,320 acres including the 200-acre former Thompson property (in Stevens Canyon)
as an addition to Saratoga Gap. Added approximately 330 acres to Sierra Azul, rounding out
and acquiring in-holdings, including the 24-acre former Neville Property(which completed
acquisition of the 11.5 mile Ridge Trail segment from Lexington Reservoir to Hicks Road),
which included a grant of$35,000 from the Coastal Conservancy. This brings the District's
preserved lands total to 49,142 acres.
• Brought in$2,936,289 in acquisition grants ($1,253,789 in Roberti-Z'Berg funds from
Proposition 12 for the McKanny acquisition in Sierra Azul and $1,682,500 in grant funds
from the San Francisco Bay Program of the Coastal Conservancy for the Sisters of
Presentation property addition to Bear Creek Redwoods).
• The District continued the relationship with the California Joint Powers Insurance Authority
(CJPIA), including the Worker's Compensation program. The CJPIA also performed a safety
assessment and best practices recommendations, which staff is implementing.
• Obtained a new grant from the Coastal Conservancy in the amount of$2,050,00 for the
POST Miramontes Property adjacent to Mills Creek.
• The District completed repairs to storm-related damage on Old Page Mill Road (Skyline
Ridge) including a massive slide and disturbed roadbed. At the time this matter was
presented to the Board, the District had received only $122,390 of the total project of
$338,527 from FEMA, with the expectation from staff that the project would be fully funded
by FEMA. Since then, the District has received an additional $208,571 from FEMA, for a
total reimbursement of$330,961.
• The District constructed the staging area concurrently with construction of Santa Clara
Hicks Road at Mt. Umunhum Road and participated
area on Hic p
Count s parking lot and staging a p
Y p g g g
in two dedications of the Bay Area Ridge Trail (one 11.5 mile segment from Lexington
Reservoir to Hicks Road and a second section from Hicks Road through Almaden
Quicksilver County Park).
R-04-82 Page 3
• District staff constructed the Achistaca trail to provide access to the southeastern area of the
Saratoga Gap Open Space Preserve and to serve as an alternative to the Bay Area Ridge Trail
between Saratoga Gap and Long Ridge with connections to the Bay Area Ridge Trail and the
Skyline-to-the-Sea Trails.
• Negotiated the LaHonda-Pescadero Unified School District Agreement, the San Mateo
County Fire Agency Agreement and Farm Bureau Memorandum of Understanding for the
Coastside Protection Program.
• Worked directly with Ralph Heim and Assembly Member Rebecca Cohn's office on AB
1195 (the statute removing the District's eminent domain power on the Coast), including
testifying in both the Assembly and Senate Local Government Committee Meetings. Also,
the bill included "urgency" language requiring a 2/3 vote of the Legislature so that upon the
Governor's signature the Bill would become law(rather than after January 1, 2005). The Bill
became law on April 1, 2004 and LAFCo made their final positive decision on the San Mateo
Coastside Annexation on April 7, 2004.
• Continued to work in concert with POST and the County Parks Departments of Santa Clara
and San Mateo.
Submitted by:
Ad Hoc Board Appointee Evaluation Committee
(Directors Cyr, Davey and Siemens)
Contact person:
President Mary Davey
RESOLUTION NO. 04-
A RESOLUTION OF
THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
APPROVING 2004-2005 SALARY ADJUSTMENT AND
MERITORIOUS PAY AWARD FOR THE GENERAL
MANAGER AND APPROVING THE DISTRICT
GENERAL MANAGER'S EMPLOYMENT AGREEMENT
WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District
entered into an Agreement, dated March 9, 1994, with L. Craig Britton, employing him as the
District's General Manager; and
WHEREAS, the Agreement provides for an annual review of the General Manager's
performance and an annual compensation review, which the Board has completed; and
WHEREAS, the Board desires to adjust the General Manager's compensation to include a
three point salary adjustment, increasing his salary to $148,465.97 per year retroactive to March
10, 2004; and
WHEREAS, the Board, based on its annual review of Britton's performance, desires to
grant him meritorious pay of 5%or $7,204.98 over and above Britton's salary in recognition of
his outstanding performance during the previous year of service; and
WHEREAS, the Board and the General Manager desire to update, modernize and
incorporate the nine previous Amendments into the original General Manager's Employment
Agreement by entering into a new Employment Agreement.
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the
Midpeninsula Regional Open Space District does authorize the President of the Board of
Directors or other appropriate officer to execute the attached General Manager Employment
Agreement on behalf of the Midpeninsula Regional Open Space District, which incorporates an
increase in the General Manager's salary to $148,465.97 per year based on a three point cost of
living salary adjustment, retroactive to March 10, 2004; and
BE IT FURTHER RESOLVED that the Board of Directors of the Midpeninsula Regional
Open Space District does grant the General Manager by adoption of this resolution a 5%
meritorious pay award in the amount of$7,204.98 over and above the General Manager's salary
for merito
rious perfo
rmance in fiscal
year 2003-2004.
DISTRICT GENERAL MANAGER EMPLOYMENT AGREEMENT
This Employment Agreement ("Agreement") is made and entered into this 25th of
August, 2004, by and between Midpeninsula Regional Open Space District, a California
public agency ("District"), and L. Craig Britton ("General Manager").
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Designation of District General Manager
RAIG BRITTON is hereby appointed and employed L. C y pp as General Manager of
the District.
2. Powers and Duties
A) The General Manager's powers and duties shall be as specified in Sections
5538 and 5549 of the Public Resources Code of the State of California; and
B) All duties, powers, and responsibilities as provided in the District Personnel
Policies and Procedures Manual ("Manual"); and
C) Such other duties as the Board of Directors may direct consistent with the
District's enabling legislation.
3. Compensation and Benefits
Compensation and benefits shall be according to the terms and conditions set out
in the Manual and as set forth herein.
A) Salary. As compensation for the services to be performed hereunder, the
General Manager shall receive a salary at the rate of $148,465.97 per
calendar year. District's Board of Directors (the "Board") shall review the
General Manager's performance and salary annually.
B) Annual Salary Adjustment The Board shall consider an annual salary
adjustment for the General Manager on or about the anniversary of the
date the General Manager was first hired, March 9, 1994. Any such
annual salary adjustment shall be retroactively applied to said anniversary
date. The Board shall consider the annual salary adjustment separately
from any meritorious pay granted, and may grant the General Manager a
greater or lesser amount, if any, than that granted to other District
III employees. Any such annual salary adjustment increase shall be applied
under the District's salary point system.
ri us Pa . The Board may rant the General Manager a meritorious
Mento o g C) v Y g
0 0
pay award, ranging from 0/o to 5/o over and above the General Manager's
annual salary and in addition to consideration of a possible annual salary
Such merito
rious a award shall be ba
sed on the
adjustment increase. Su pay
Board's annual review of the General Manager's performance. The
1
evaluation shall be based upon criteria and objectives to which the Board
and the General Manager have mutually agreed. Meritorious Pay shall not
be a salary adjustment, but rather recognition for performance during the
previous year of service.
D) Vacation. Holiday. and Sick Leave. The General Manager earns vacation,
holiday, personal, administrative and sick leave at the current rate of
accrual in accordance with the Manual. In addition to the vacation cash-
out provisions of Section 6.3(f) of the Manual, the General Manager may
elect to cash-out up to eighty (80) additional hours of accrued vacation
leave in any calendar year.
E) Retirement Plan. The District shall pay both the employee's 7%
contribution and the District's matching contribution in accordance with
the District's 2 % at 55 plan with the California Public Employees'
Retirement System (PERS).
F) Mileage Allowance. The District shall pay the General Manager an in-lieu
mileage allowance calculated at the rate of 1,000 miles per month
multiplied by the current IRS optional standard mileage rate in recognition
of the significant use of his private vehicle for District business.
G) Benefit Plans. The District shall pay the full premium for the General
Manager and dependents for enrollment in any medical insurance plan
offered by the District. The District shall also provide dental, vision, and
various life and disability insurance coverages, and other benefits
available to management employees in accordance with the Manual and as
approved by the Board of Directors from time to time, including, but not
limited to, participation in the sick leave conversion program, and the
basic life insurance equivalent as related to the General Manager's salary.
The District will also provide the cafeteria plan in accordance with
Internal Revenue Code Section 125 as provided in the Manual.
H) Membership and Conferences. The District shall continue to pay for the
General Manager's membership or participation in the National Recreation
and Parks Association (NRPA), the California Parks and Recreation
Society (CPRS), the California Association Regional Park and Open
Space Administrators (CARPOSA), and such other organizations and
conferences as may be approved by the District Board, in additional to any
membership payments offered to employees in the Manual.
4. Severance Pay
vent that the District terminates the General Manager's In the e employment for
reasons other than malfeasance, commitment of an illegal act or substance abuse,
the Board shall compensate the General Manager in the amount equal to six (6)
months' compensation based upon the General Manager's salary as of the date of
termination.
2
5. Termination
The General Manager may terminate this Agreement upon sixty (60) days'
written notice to District. The General Manager serves at the pleasure of the
District Board of Directors and may be discharged without cause, subject to the
provisions of Section 4 hereinabove.
6. Entire Agreement
This instrument contains the entire agreement of the parties and may be changed
only by an agreement in writing signed by the parties hereto.
7. Effective Waiver
No waiver by a party of any provision of this Agreement, shall be considered a
waiver of any other provision or subsequent breach of the same or of any other
provision, including the time for performance of any such provision. The exercise
by a party of any remedy provided in this Agreement or at law shall not prevent
the exercise by that party of any other remedy provided in this Agreement or at
law.
8. SLipercedes Agreements
This Agreement supercedes any and all previous employment agreements and
amendments thereto entered into by and between the District and the General
Manager.
IN WITNESS WHEREOF, the parties hereto have executed this Employment Agreement
this 25th day of August, 2004 at Los Altos, California.
MIDPENINSULA REGIONAL OPEN GENERAL MANAGER:
SPACE DISTRICT:
By: Mary Davey, President L. Craig Britton, General Manager
Date: Date:
ATTEST:
Sally Thielfoldt, District Clerk
3
Regional Open ,,,..
R-04-83
Meeting 04-18 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
August 25, 2004 (AA,EBRAFING JO YFARS 01: OPEN SPA(A�. 111�FSFRVA110N
AGENDA ITEM 5
AGENDA ITEM
Approval of Salary Adjustment and Meritorious Pay Award for District General Counsel and
Approval of District General Counsel's Employment Agreement
AD HOC BOARD APPOINTEE EVALUATION COMMITTEE RECOMMENDATIONS
1. As a result of the Board's evaluation of District General Counsel's performance for Fiscal Year
2003-2004, the Ad Hoc Board Appointee Evaluation Committee recommends a 5% meritorious
pay award based on District General Counsel's performance in meeting and exceeding her goals
and objectives and a three point salary adjustment for fiscal year 2004-2005, retroactive to April
1, 2004.
2. Adopt the attached resolution approving the District General Counsel's Employment Agreement
to reflect an annual salary of$110,180.55, a 5% meritorious pay award totaling $5,347.01 and an
adjustment in vacation hours.
3. Authorize the General Counsel to designate another person or persons to act as General Counsel
during a temporary absence, not exceeding three weeks.
DISCUSSION
The Board conducted its annual evaluation of District General Counsel's performance and
compensation for the position at its August 11, 2004 meeting. The Ad Hoc Board Appointee
Evaluation Committee, composed of President Davey and Directors Cyr and Siemens, also met with
District General Counsel to review her performance and compensation.
The District General Counsel's current salary is $106,940.16 annually. The Committee
recommends, based on District General Counsel's performance in fiscal year 2003-2004, that the
Board approve sal adjustment for District General Counsel as follows: an annual salary
pP a �'y J
adjustment of three points, which is the same adjustment received by all District employees for
Fiscal Year 2004-2005. The District General Counsel's adjusted salary would be $110,180.55
retroactive to April 1, 2004.
The Ad Hoc Committee also recommends granting District General Counsel's request to increase her
vacation hours. In order to achieve this level of accrual, the District General Counsel will receive 22
hours of vacation leave on January 1, 2005, and thereafter accrue vacation leave at the same rate as
other employees with ten years of District employment.
Based on the Board's review of District General Counsel's performance during the past fiscal year,
the Committee also recommends that a 5% meritorious pay award ($5,347.01) be granted. This
33Cs Distel Circle 650-6gi-12oo info@openspate.org BOARD Of DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER:
Los Altos CA 94o22-14o4 650-5gi-o485 fax www.openspaCe.org Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz L.Craig Britton
R-04-83 Page 2
award is not a salary adjustment, but rather is granted as a one-time award in recognition for meeting
or exceeding performance goals and objectives during the year. The Board is very pleased with
District General Counsel's overall performance during the past year, particularly given the legal
services demands and significantly increased workload of the past year, as well as the complexity of
the services provided. Significant accomplishments of the Legal subprogram (General Counsel and
Attorney) have included:
LITIGATION AND REGULATORY PROCEEDINGS
• HALF MOON BAY COASTSIDE FOUNDATION v.MROSD
CEQA challenge to validity of District's Program EIR for the Coastside Protection Program. Worked
closely with outside counsel to successfully defend this suit. Litigation involved challenge to the assigned
judge and a related appeal,a successful opposition to a request to enjoin the Program,a motion to change
venue,and a hearing on the merits.
• HALF MOON BAY COASTSIDE FOUNDATION v.LAFCo AND MROSD
Cahllenge to LAFCo's approval of the Coastside Protection Program. Working closely with outside counsel
on this active litigation. To date, litigation has involved two requests for temporary restraining orders,an
evidentiary hearing,and extensive briefing.
• MROSD v.WOZNL4,K
Litigation settled and dismissed.
• VANDERWEGHE v.MROSD
Lawsuit challenging validity of District access easement over property adjacent to Bishop-Krone area of El
Sereno. Worked with title company to defend District's position at trial. Awaiting court ruling.
• GUADALUPE RIVER WATERSHED NRDA PROCEEDINGS
Represented District's interest in an equitable settlement of the mercury remediation claims brought by
federal agencies;draft Consent Decree prepared and approval anticipated this fiscal year.
• EL CORTE DE MADERA REGULATORY ACTION
Assisted Planning Department in preparing a mutually acceptable resolution to address the regulatory
agencies' concerns;assisted Planning in implementing the Sedimentation Reduction Program and related bid
documents to begin Program.
REAL PROPERTY
• Provided legal advice to Real Property Department on major land acquisitions, including drafting complex
transactional documents for the Sisters of Presentation acquisition;negotiating and drafting transactional
documents for the Hunt acquisition and its tax-exempt financing.
• Advising on real property issues concerning potential acquisitions.
• Advising on and drafting commercial leases,residential leases and licenses for the Property Management
Subprogram.
• Assisting in resolving encroachment issues at Bear Creek Redwoods,Montebello and Coal Creek Open
Space Preserves.
R-04-83 Page 3
COASTSIDE PROTECTION PROGRAM
• Provided substantial legal review and drafting of Final EIR and related project documents;provided advice
concerning conduct and procedures for Final EIR public hearing,certification,and subsequent implementing
actions.
• Provided substantial legal review and drafting of documents needed for LAFCo approval process,including:
• Documents presenting District positions to LAFCo and responding to LAFCo inquiries.
• Drafting MOU's with Farm Bureau,County Fire and La Honda Pescadero,School District.
• Drafting legislation removing eminent domain power on Coast.
ADMINISTRATION
• Completed work on the Salaried Employee Policy.
• Assisted Administration Department in negotiation of successor agreement with Local 715.
• Provided advice concerning disciplinary matters and ongoing revision of District's Personnel Policies and
Procedures Manual.
OPERATIONS
Legal review of update of Field Operations Manual.
Lastly, the Employment Agreement provides that, with Board approval, the General Counsel may
designate another attorney to act as General Counsel in her absence so that urgent District legal
needs may always be met. The General Counsel requests that the Board authorize her to designate
the Attorney position to act in her absence subject to approval of the Board of Directors where the
appointment will exceed three weeks.
Submitted by:
Ad Hoc Board Appointee Evaluation Committee
(Directors Cyr, Davey and Siemens)
Contact person:
Mary Davey, President
RESOLUTION NO. 04-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING
2004-2005 SALARY ADJUSTMENT AND MERITORIOUS PAY AWARD
FOR THE DISTRICT GENERAL COUNSEL AND APPROVING THE
DISTRICT GENERAL COUNSEL'S EMPLOYMENT AGREEMENT
i
WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District
entered into an Agreement, dated March 13, 1996, with Susan M. Schectman, employing her as
the District's General Counsel which has been amended several times thereafter; and
WHEREAS, the Board desires to integrate the Agreement and all amendments to it into
an updated Employment Agreement; and
WHEREAS, the Agreement provides for an annual review of District General Counsel's
performance and an annual compensation review; and
WHEREAS, the last annual compensation adjustment for the General Counsel was
approved in August 2003, retroactive to April 1, 2003; and
WHEREAS the Board desires to adjust District General Counsel's compensation to
include a three point salary adjustment for fiscal year 2004-2005, retroactive to April 1, 2004,
thereby increasing her salary to $110,180.55 per year; and
WHEREAS, the Board, based on its annual review of Schectman's performance, desires
to grant her a meritorious pay of 5%, or$5,347.01 over and above Schectman's salary, in
recognition of her performance during fiscal year 2003-2004.
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the
Midpeninsula Regional Open Space District does authorize the President of the Board of
Directors to execute the attached General Counsel Employment Agreement on behalf of the
Midpeninsula Regional Open Space District to increase District General Counsel's salary to
per year based on a three point sal adjustment, retroactive to April 1, 2004, and
$110180.55 p �'Y J
p Y
increasing District General Counsel's annual vacation hours from 140 hours to 150 hours,
effective January 1, 2005. In order to achieve this level of accrual, the District General Counsel
will receive 22 hours of vacation leave on January 1, 2005, and thereafter accrue vacation leave
at the same rate as other employees with ten years of District employment.
BE IT FURTHER RESOLVED that the Board of Directors of the Midpeninsula Regional
Open Space District does grant District General Counsel, by adoption of this resolution, a 5%
meritorious pay award in the amount of$5,3 47.01 over and above District General Counsel's el's
salary for meritorious service in fiscal year 2003-2004.
I
DISTRICT GENERAL COUNSEL EMPLOYMENT AGREEMENT
This Employment Agreement ("Agreement") is entered into this 25th day of August,
2004, by and between Midpeninsula Regional Open Space District, a California public
agency("District"), and Susan M. Schectman ("Attorney").
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Designation of District General Counsel
SUSAN M. SCHECTMAN is appointed and employed as legal counsel for the
District. The designation of the position is General Counsel.
2. Duties.
A. Administrative Duties
1) Attorney shall attend all regular and special meetings of the District Board
of Directors as needed. Attorney's duties in this connection shall be to
render advice and opinions with respect to legal matters which may arise
during such meetings, except legal matters which may pertain to
proceedings wherein specialized legal services are to be provided by
special counsel or which do not fall within Attorney's scope of duties.
2) Attorney shall also attend meetings of committees and staff of the District
when requested to do so by the District Board of Directors or the District
General Manager.
3) When requested to do so by the District Board of Directors or District
General Manager, Attorney shall prepare and review resolutions, notices,
contracts, leases, ordinances and other legal documents and papers in
matters pertaining to the District, and shall also examine for legal
sufficiency all documents submitted to her by the District.
4) Attorney shall perform legal research as required to attend to the legal
needs of the District and shall review legislation and court decisions to
determine their effect upon District affairs.
5 Attorney shall cooperate with and assist the District, its officers, directors,
agents and employees on all general legal matters pertaining to the
District including ncludin the enforcement of District laws, ordinances and codes.
1
6) Attorney shall also perform such other related and appropriate legal
services for the District as may be requested by the District Board of
Directors or the District General Manager.
B. Litigation Duties
When requested to do so by the District Board of Directors, Attorney shall
represent the District in legal and administrative proceedings to which the
District may be a party.
3. Acting Attorney
Attorney shall select another person or persons to act as General Counsel to the
District in cases where Attorney is unable to act due to illness, vacation or other
reason. The selection of Acting General Counsel shall be subject to the approval
of the District Board of Directors where the appointment exceeds three weeks.
4. Limitation on Duties
A. The Attorney's position shall be 4/5 times (.80) and her regular work hours
shall be generally 32 hours of service per week, including attendance at Board
or Board Committee meetings.
B. It is recognized that the District normally contracts with special counsel in
certain matters pertaining to the District, such as labor relations, worker's
compensation, general liability and bond issues. In the event legal services
are provided by special counsel, Attorney will be responsible for general
oversight in such cases to insure the District is effectively represented and for
providing general legal assistance and support to the special counsel as
needed.
5. Compensation and Benefits
A. As compensation for the services to be performed hereunder, Attorney shall
receive an annual salary at the rate of $110,180.55, retroactive to April 1,
2004.
B. In recognition of the importance of continuing public agency law education to
' representation of the District attorney may attend
the Attorne s effective rep � Y Y
Y
relevant professional seminars such as League of California Cities City
Attorney conferences at a cost not in excess of$1,000.00 per year for travel,
meals, lodging and conference expenses. Other District related legal
jeducation or travel expenses may be approved by the District when deemed in
the best interest of the District.
2
C. Attorney shall receive the medical, dental, vision, life insurance, long term
disability insurance, deferred compensation, sick leave conversion, Section
125 Cafeteria plan and other benefits available to employees of the District on
the same terms available to those employees, except as otherwise set out
herein. Except for medical insurance coverage of the health plan selected by
Attorney and long term disability coverage, for which District will pay full
premiums, such benefits shall be pro-rated and District shall pay 80% of
applicable premiums for each benefit.
D. District shall pay both the Attorney's employee contribution and the District's
employer contribution in accordance with the District's 2 % at 55 plan with
the California Public Employees' Retirement System (PERS).
E. District will pay the employer's share of Social Security Medicare Tax and
Attorney will pay the employee's share.
F. Attorney may participate in any District optional benefit plan at her own cost.
G. Attorney shall earn leave as set forth in the District's "Personnel Policies and
Procedures Manual" and "Administrative Leave Program for Managers" pro-
rated at 80% of applicable amounts, except that Attorney shall receive 22
hours of vacation leave which shall be credited to Attorney's vacation leave
balance on January 1, 2005. Thereafter, Attorney will accrue vacation leave
on the same basis as other management employees who have had ten years of
District employment, pro-rated at 80% of the applicable accrual rate.
H. Attorney will be eligible to receive mileage reimbursement at the applicable
District rate for use of her personal vehicle on District business.
I. The District may grant Attorney meritorious pay, ranging from 0%to 5% over
and above Attorney's annual salary. Such meritorious pay shall be based on
the Board's annual review of Attorney's performance. Evaluation shall be
based upon criteria and objectives to which the Board and Attorney have
mutually agreed. Meritorious pay shall not be a salary adjustment, but rather
recognition for performance during the previous year of service.
6. Attorney may terminate this Agreement upon forty-five (45) days' written notice
to District. District may terminate this Agreement by written notice to Attorney
at any time. Attorney serves at the pleasure of the District Board of Directors and
may be discharged without cause.
7. On an annual basis, the District will review the performance of Attorney and will
consider any proposals by the District Board of Directors or Attorney to modify
or amend this Agreement and to adjust salary and/or benefits which may be
adjusted retroactively to the beginning of the District's fiscal year.
3
8. This Agreement shall become effective on August 25, 2004 and shall supercede
all prior Agreements and amendments thereto.
Employment
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
this 25th day of August, 2004 at Los Altos, California.
MIDPENINSULA REGIONAL OPEN ATTORNEY:
SPACE DISTRICT:
By:
Mary Davey, President Susan M. Schectman
Date: Date:
i
ATTEST:
i
Sally Thielfoldt, District Clerk
i
4
Regional Open Sp.-ce
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION
R-04-77
Meeting 04-18
August 25, 2004
AGENDA ITEM 6
AGENDA ITEM
Approve Revision of Board Policy BP-03-01 Salaried Emplo ee Policies and Procedures to
reflect changes in the Department of Labor(DOL) regula ons th became effective August 23,
2004.
GENERAL MANAGER'S RECOMMENDATION
Approve Revision of Board Policy BP-03-01 Salaried Employee Policies and Procedures to
reflect changes in DOL regulations that became effective August 23, 2004.
DISCUSSION
On August 23, 2004, the Department of Labor's updated regulations related to the Fair Labor
Standards Act took effect. Because the District updated its policy in July 2003, only one change
needs to be made at this time, and that change affects only salaried employees (exempt from
overtime).
Previously, the DOL required that deductions made to an exempt employee's pay for disciplinary
reasons be made in one-week increments. Deductions of less than one week could have
jeopardized the exempt status of the employee. This provision has changed so that deductions of
one day are now permitted. The District's policy would require that the following change be
made to Section 7, Disciplinary Deductions:
Pursuant to DOL regulations, in the event a salaried employee were to receive a
suspension without pay as the result of a disciplinary action, that suspension shall
not be for a time increment of less than one work week ![LaA, with the exception of
discipline imposed for a major safety violation as defined by the DOL. In all other
respects, the District's discipline and grievance procedures set out in its Personnel
Policies and Procedures Manual shall apply to salaried employees.
Prepared by:
Jim Cimino, HR Analyst
Contact person:
Sally Thielfoldt, Assistant General Manager
33o Distel Circle 650-6gi-1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER:
Los Altos CA 94022-1404 650-6gi-049S fax www.openspace.org Deane Little,Nanette Hanko,Larry Hassett,Kenneth C.Nitz L.Craig Britton
Regional Open Sp.ce
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
CEI,EBRA'I-IN(; 30 1`1-.ARS OF OPEN SIIA(,E PRESERVATION
TO: Board of Directors
FROM: L. Craig Britton, General Manager/
DATE: August 25, 2004
RE: FYI's
33o Distel Circle 650-691-1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER:
Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hossett,Kenneth C.Nitz L.Craig Britton
�
Comcast Message Center http://mailcenter.comcasf vrnc/v/wou/4126345 —
Dear Plant Lover,
Please spread the word about the following talk in Los Altos. Thank you.
� ' Arvind Kumar, Publicity Chair
�
[NP5 Santa Clara Valley Chapter
--begin �
� Managing Peninsula Open Space, a talk by Cindy Roessler and Kirk Lenington
� Friday, 5eptenober17, 2004, 7:30pnn
Los Altos Library Program Room �
13 Su. San Antonio Road, Los Altos
Nearly 50,000 acres of Peninsula land of diverse and unparalleled beauty in 25
open space preserves is protected and managed for public enjoyment bythe �
Midpeninsu|a Regional Open Space District (MROSO). Among other things, the
District protects and enhances natural biodivocsityand habitat, and restores
seriously disturbed or degraded sites to natural conditions.
� At this talk, experts will explain the District's resource management and plant
conservation efforts, including vegetation mapping, invasive plant control, and
protection for rare and endangered species.
Cindy Roessler, who has been at for MROSD for two years, has 2O years nf
�
experience in managing natural resources for governmental agencies and
� consulting firms. She previously designed and installed creek restoration
projects for the Santa Clara Valley Water District, and has worked with sea
turtles in Florida.
�
� Kirk Leningtnn is the new Resource Planner at MRO5O. He previously worked at
� the City of Santa Cruz for four years as the Resource Ecologist. He attended �
the University of California Santa Cruz for his B.A. in Biology and
Environmental Studies and San Francisco State for his Master's work in Biology.
The event is free and open to the public. This talk is part of the California �
Native Plant Society (Santa Clara Valley Chapter) general meeting. Information �
about CNPS activities ranging from conservation to native plant gardening will
h� available.
� �
�
For additional information, contact Chapter Vice President Judy Fenerty at �
� or (4O8) 378-6272. �
--end
Arvind Kumar,
Publicity Chair, California Native Plant Society, Santa Clara Valley Chapter
�
[ Back]
�a00*cwncast Cable Communications,Inc.All rights reserved.
2o[2 8/20/2004 10:22&M
RECEIVED
H I DDEN
AUG 23 2004 VILeLAM
VIIDPENINSULA REGION&OPEN A nonprofit organic farm and wilderness preserve
SPACE DISTRICT dedicated to inspiring a just and sustainable future
August 20,2004
through our multicultural and environmental education
programs for children,youth,and the community.
Craig Britton
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
Dear Craig,
I would like to let you know that the Board of Trustees has named Beth Ross as
Hidden Villa's new Executive Director. Beth will join the Hidden Villa staff on
September 13,2004. Beth comes to us after 10 years as the founding Executive
Director of Redwood City 2020.
Beth's professional qualifications make her an excellent fit for Hidden Villa. In
particular, her ability to assess strengths and needs,build partnerships and
coalitions with organizations in the community, and develop a highly
functioning team will serve Hidden Villa well. The enclosed press release
announcing her hire includes more information.
Beth's first opportunity to meet Hidden Villa's friends will be at the Duveneck
Humanitarian Awards Dinner on September 18. You will also have an
opportunity to meet Beth at an intimate gathering that we are planning for her in
October.
Please save the evening of October 19 on your calendar and look for an invitation
closer to the date. I hope you will be able to join us at that time to help us
welcome Beth to Hidden Villa. I know Beth is eager to meet you.
Sincerely yours,
l �WP—A Wt,4k
Tom Livermore
Chair
Hidden Villa Board of Trustees
Enclosure
26870 Moody Road, Los Altos Hills,CA 94022 Phone(650)949-8650 Fax(650)948-4159 www.hiddenvilla.org
9 Recycled&recyclable/printed with soy ink.
For Immediate Release
Date: 23 August 2004
Contact: Susan Love, 650-949-8646 or JoAnn Davis, 650-949-8657
Hidden Villa Names New Executive Director
Los Altos Hills, Ca----The Board of Trustees of Hidden Villa has named Beth Ross as
the organization's new Executive Director. Ms. Ross will join Hidden Villa beginning on
the 13 of September 2004,and will be introduced to supporters of Hidden Villa at its
annual Duveneck Humanitarian Awards Dinner on the 18 th of September. The Duveneck
Dinner is Hidden Villa's annual community fundraising event held on the farm. Tickets
are still available.
Beth Ross replaces Hidden Villa's past Executive Director,Judith Steiner,who recently
retired after 10 years with the organization. Hidden Villa's Board of Trustees launched
an exhaustive national search and appointed Ms. Ross to the position in early August
Hidden Villa's Board of Trustees Chair Tom Livermore said,'Beth is a natural for
Hidden Villa. She embodies the values of Hidden Villa, and she brings a wonderful set
of skills to our organization." Ms. Ross joins Hidden Villa after 10 years as Founding
Executive Director of Redwood City 2020,an innovative organization whose mission is
to improve quality of life in that area and to provide support and opportunities for local
children and youth. In this role,Ms. Ross has worked with public agencies, foundations,
private philanthropic supporters,universities,and the community to build and fund strong
collaborations which have resulted in a safety net of resources, services and opportunities
for children, youth and their families.
Ms. Ross is known as a talented collaborator, an excellent planner, a strong fundraiser
and a visionary leader,who builds strong relationships with people at many levels and in
many different roles, an important qualification for a multi-faceted organization like
Hidden Villa. Upon her appointment, Ms.. Ross noted, "I am looking forward to meeting
each member of the Hidden Villa community and collaborating together to build on the
excellent programs and facilities that are already in place."
Ms. Ross has a B.A. in Geology and Art History from Colby College in Waterville,
Maine, and is completing a Masters degree in Human Development at Pacific Oaks
College in Pasadena, CA. In addition to her role as a founder of Redwood City 2020,
Ms. Ross worked earlier in her career as a community organizer and a youth services
coordinator in California, and as a teacher and outdoor education instructor in New
England. Ms. Ross is active with a number of Peninsula nonprofit organizations as a
volunteer and Board Member. She is a graduate of the Redwood City-San Mateo
Chamber of Commerce Leadership Program and of the National Civic League Health
Community Planning Program, as well as a Member of the Civic Engagement Network.
Hidden Villa is a nonprofit 1,600 acre organic farm and wilderness preserve offering
multicultural and environmental education programs for children, youth and the
community. The mission of Hidden Villa is to inspire a just and sustainable future
through its programs, land and legacy. Hidden Villa is located in Los Altos Hills,and has
an annual budget of$2.9 million.
For more information about Ms. Ross or Hidden Villa,please contact: Susan Love, 650-
949-8646 or JoAnn Davis, 650-949-8657.
# # #
Digital photo file attached.
Regional Open Sp,.t-,,e
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION
TO: Board of Directors
FROM: L. Craig Britton, General Manager r
DATE: August 20, 2004
RE: FYI's
I
33o Distel Circle 650-6g1-izoo info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,led Cyr, GENERAL MANAGER:
Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nanette Hanko,Larry Hassett,Kenneth C.Nitz L.Craig Britton
CONTRA COSTA COUNTY
ti COMMUNITY DEVELOPMENT DEPARTMENT
651 Pine Street, N. Wing - 4th Floor
Martinez, CA 94553
Telephone: (925) 335-1290 Fax: (925) 335-1299
TO: Members, Governing Board, Contra Costa County Open Space
Funding Authority ("Authority")
FROM: Dennis M. Barry, AICP, Community Development Director and
Authority Secretary
By:John Kopchik
DATE: August 11 , 2004
SUBJECT: Results of Tabulation of Assessment Ballots
Attached please find a certification letter from Carol Keane and Associates,
CPAs, documenting the results of the tabulation of assessment ballots for the
Authority's proposed Assessment District, the Parks and Open Space
Protection and Preservation District.
When the returned ballots are weighted according to the proposed financial
obligation of the affected properties, weighted ballots cast in opposition to the
proposed assessment exceed the weighted ballots cast in favor.
Consequently the Authority cannot levy the proposed assessments.
G:\Conserva tion\open_spa ce\au thority_meetings\8-17-04\tabu lation_resu Its_memo.d oc
CAROL KEANE & ASSOCIATES
C E' R T I F I F D P U B L. 1 C ACCOUNTANTS
August 11, 2004
Contra Costa County Open Space Funding Authority
651 Pine Street, 41' Floor, North Wing
Martinez, CA 94553-1290
Dear Contra Costa County Open Space Funding Authority:
We have applied certain agreed upon procedures as described below for the Open Space Funding
Benefit Assessment District for Contra Costa County. Our procedures were designed to assist you in
the tabulation of the ballots for the Mailed Benefit Assessment Measure (Contra Costa County Open
Space Funding Measure). To achieve those goals, we performed the following procedures:
We commenced tabulation of received ballots on July 28, 2004 under the direction of the JPA
Governing Board.
We had at least two people involved in the process of opening the envelopes, containing the ballots;
removing the ballots from the envelopes; sorting them into piles for"yes" votes, "no" votes and
invalid ballots; and scanning the barcode on each ballot. These ballots have now been bundled in
stacks of 100 ballots each and are stored at the County Elections office.
We ran a computer program that processed the ballot data and provided a report of partial scans,
duplicate ballots and information that did not match the master assessment file.
After all issues that had been identified were resolved, we re-ran the tabulation program.
Our procedures were designed to meet the objectives described above and do not necessarily include
all of the steps and procedures that we performed to complete the project.
As requested a report on the results of our tabulation services accompany this report (Attachment 1).
Yours very truly,
Carol M. Keane
700 Ygnacio Valley Road, Suite 360 Walnut Creek, CA 94596 Telephone 925-937-5200 Facsirnile 925-937-5202
www.carolkeanecpaxon-i
ATTACHMENT 1
Results Summary Report
Contra Costa County p p Open Space Funding Authority 2004 Ballot Tabulation
' �'
Total number of official assessment ballots received: ��,�9
Ballot return rate: 34.25%
Total number of valid official assessment ballots received: 96,635
Total assessment amount of valid official assessment ballots received: $2,847,223.38
Total number of valid "yes" votes: 48,431
Total percentage of"yes" votes: 50.12%
Total assessment amount of valid "yes' votes: $1,315,557.01
Total percentage of weighted "yes" votes: 46.20%
Total number of valid "no" votes: 48,204
Total percentage of"no" votes: 49.88%
' votes: 1 531 666.37
amount of valid no $ ,
assessment amou ,
Total asses
Total percentage of weighted "no" votes: 53.80%
Total number of invalid ballots received: 1463
Total assessment amount of invalid ballots received: $43,972.75
Claims No 04-13
Meeting 04-18
Date 08/25/04
Revised
Midpeninsula Regional Open Space District
# Amount Name Description
1369 $600.00 2M Associates Coastal Annexation Consultant Study
1370 $579.44 A Royal Wolf Portable Storage Storage Rental Units-FFO&SFO
1371 $174.20 Allen's Press Clipping Bureau Media Clips
1372 $183.88 ANG Newspapers Legal Advertisement
1373 $318A7 AT&T Wireless Cellular Phone Service
1374 $140.65 Babcock,Sonya Reimbursement-CalPERS Training
1375 $94.86 Barg Coffin Lewis&Trapp Legal Services-Guadalupe Watershed
1376 $27.11 Barron Park Supply Co.,Inc. Plumbing Supply
1377 $2,370.93 Big Creek Lumber Fencing Material&Lumber
1378 $3,148.20 BNY Western Trust Company Note Paying Agent Fees-1999 Revenue Bonds
1379 $122.49 Browning-Ferris Industries Garbage Service
1380 $315.25 California Water Service Company Water Service
1381 $381.00 Camino Medical Group Medical Services
1382 $142.40 Cascade Fire Equipment Company Field Supplies
1383 $140.00 Clark Pest Control Pest Control Services
1384 $126.75 Cougar Couriers Document Courier Service
1385 $339.33 Cresco Equipment Rentals Tractor Rental
1386 $65.43 CSK Auto Vehicle Supplies
1387 $76.50 Curiale Dellaverson Hirschfeld Legal Services
1388 $2,952.26 Design,Community&Environment Master Planning Services-La Honda Creek Open Space
Preserve
1389 $3,243.75 Fenton Communications Communications&Public Affair Services-San Mateo
County Coastal Protection Program
1390 $162.29 Foster Brothers Lock&Key Services
1391 $178.88 Freeman,Matt Reimbursement-Mileage-2 Months
1392 $52.46 G&K Service Shop Towel Service
1393 $608.69 Grainger,Inc. Field Supplies&Small Tools
1394 $55.14 Honda Peninsula Field Supplies
1395 $185.73 Hyster Sales Company Bobcat Equipment-Rental
1396 $45.00 Jim Davis Auto Vehicle Smog Tests
1397 $143.93 Jurich,Michael Tuition Reimbursement
1398 $84.44 Kinko's Printing Services
1399 $85.90 Kwik Key Lock&Safe Co.Inc. Key&Lock Services
1400 $23.23 L.C.Action Field Supplies
1401 $104.08 Langley Hill Quarry Base Rock-Windy Hill
1402 $1,222.64 LFR Levine Fricke Engineering&Design Services-Pulgas Ridge
1403 $2,465.00 Liebert Cassidy Whitmore Legal Services
1404 $129.83 Los Altos Garbage Co. Refuse Services
1405 $164.89 Madco Welding Supplies
1406 $369.50 MetroMobile Communications Radio Repairs
1407 $60.99 Newbum,Michael Tuition Reimbursement
1408 $411,000.00 # North American Title Company Curto Property Acquisition
1409 $1,210.39 Pacific Water Systems Water System Supplies-Enterprise Rental&Field Office
1410 $13,446.63 Page&Turnbull Construction Drawings&Services-Picchetti Ranch
Winery Building
Page 1 of 2
Claims No 04-13
Meeting 04-18
Date 08/25/04
Revised
Midpeninsula Regional Open Space District
# Amount Name Description
1411 $915.74 Panko Architects Architectural Service-FFO Shop Facility
1412 $38.79 Peterson Tractor,Co. Equipment Repair Part
1413 $8.65 Rancho Hardware&Garden Shop Field Supplies
1414 $40.00 Rene Hardoy Repair-Sprinkler System
1415 $1,292.99 Roy's Repair Service Vehicle Repairs&Service
1416 $34.92 San Jose Mercury News Quarterly Subscription
1417 $10.00 San Mateo Co.Public Health Lab. Tick Testing
1418 $1,237.00 Santa Clara County-Dept.of Env. Permit-Hazardous Material Storage
Health
1419 $324.62 Sears Appliance Replacement-Rental Unit
1420 $38.97 Second Cup Cafe Local Business Meetings
1421 $261.97 Summit Uniforms Uniform Expense
1422 $64.00 Terminix Pest Control
1423 $1,228.10 Tires on the Go Tires&Tire Repairs
1424 $84.67 Tony&Albas Pizza Local Business Meetings
1425 $1,245.44 United Rentals Highway Tech. Signs
1426 $1,800.00 Valley Tree Care Tree Removal Services-SFO
1427 $59,876.00 Watershed Science Construction Management Service-2 Bridges and Trail
Repairs-Virginia Mill Trail&Grabtown Gulch
1428 $85.57 West Group On-Line Legal Subscription
1429 $5,500.00 *1 Western Press&Mail Postage-Fall 2004 Newsletters
1430 $250.00 Woodside&Portola Private Patrol Patrol Services-Windy Hill
1431 R $162.12 California Water Service Company Water Service
1432 R $129.50 Federal Express Express Mailing
1433 R $2,000.00 Saratoga Springs Volunteer Recognition Event-Deposit
1434 R $16.66 SBC Telephone Service
1435 R $39,146.23 Shute,Mihaly&Weinberger LLP Legal Services
1436 R $309.97 Woods,Del Reimbursement-4 Months Mileage
Total $563,444.45
*1 Urgent Check Issued 08/19/04
# In the event agenda item is not
approved,this claim will not be
processed
Page 2 of 2
i
Claims No 04-13
Meeting 04-18
Date 08/20/04
Mid peninsula Regional Open SpaceDistric
t
# Amount Name Description
1369 $600.00 2M Associates Coastal Annexation Consultant Study
1370 $579.44 A Royal Wolf Portable Storage Storage Rental Units-FFO&SFO
1371 $174.20 Allen's Press Clipping Bureau Media Clips
1372 $183.88 ANG Newspapers Legal Advertisement
1373 $318.47 AT&T Wireless Cellular Phone Service
1374 $140.65 Babcock,Sonya Reimbursement-CalPERS Training
1375 $94.86 Barg Coffin Lewis&Trapp Legal Services-Guadalupe Watershed
1376 $27.11 Barron Park Supply Co.,Inc. Plumbing Supply
1377 $2,370.93 Big Creek Lumber Fencing Material&Lumber
1378 $3,148.20 BNY Western Trust Company Note Paying Agent Fees-1999 Revenue Bonds
1379 $122A9 Browning-Ferris Industries Garbage Service
1380 $315.25 California Water Service Company Water Service
1381 $381.00 Camino Medical Group Medical Services
1382 $142.40 Cascade Fire Equipment Company Field Supplies
1383 $140.00 Clark Pest Control Pest Control Services
1384 $126.75 Cougar Couriers Document Courier Service
1385 $339.33 Cresco Equipment Rentals Tractor Rental
1386 $65.43 CSK Auto Vehicle Supplies
1387 $76.50 Curiale Dellaverson Hirschfeld Legal Services
1388 $2,952.26 Design,Community&Environment Master Planning Services-La Honda Creek Open Space
Preserve
1389 $3,243.75 Fenton Communications Communications&Public Affair Services-San Mateo
County Coastal Protection Program
1390 $162.29 Foster Brothers Lock&Key Services
1391 $178.88 Freeman,Matt Reimbursement-Mileage-2 Months
1392 $52.46 G&K Service Shop Towel Service
1393 $608.69 Grainger,Inc. Field Supplies&Small Tools
1394 $55.14 Honda Peninsula Field Supplies
1395 $185.73 Hyster Sales Company Bobcat Equipment-Rental
1396 $45.00 Jim Davis Auto Vehicle Smog Tests
1397 $143.93 Jurich,Michael Tuition Reimbursement
1398 $84.44 Kinko's Printing Services
1399 $85.90 Kwik Key Lock&Safe Co.Inc. Key&Lock Services
1400 $23.23 L.C.Action Field Supplies
1401 $104.08 Langley Hill Quarry Base Rock-Windy Hill
1402 $1,222.64 LFR Levine Fricke Engineering&Design Services-Pulgas Ridge
1403 $2,465.00 Liebert Cassidy Whitmore Legal Services
1404 $129,83 Los Altos Garbage Co. Refuse Services
1405 $164.89 Madco Welding Supplies
1406 $369.50 MetroMobile Communications Radio Repairs
1407 $60.99 Newburn,Michael Tuition Reimbursement
1408 $411,000.00 # North American Title Company Curto Property Acquisition
1409 $1,210.39 Pacific Water Systems Water System Supplies-Enterprise Rental&Field Office
1410 $13,446.63 Page&Turnbull Construction Drawings&Services-Picchetti Ranch
Winery Building
Page 1 of 2
i
Claims No 04-13
Meeting 04-18
Date 08/20/04
Midpeninsula Regional Open Space District
# Amount Name Description
1411 $915.74 Panko Architects Architectural Service-FFO Shop Facility
1412 $38.79 Peterson Tractor,Co. Equipment Repair Part
1413 $8.65 Rancho Hardware&Garden Shop Field Supplies
1414 $40.00 Rene Hardoy Repair-Sprinkler System
1415 $1,292.99 Roy's Repair Service Vehicle Repairs&Service
1416 $34.92 San Jose Mercury News Quarterly Subscription
1417 $10.00 San Mateo Co.Public Health Lab. Tick Testing
1418 $1,237.00 Santa Clara County-Dept.of Env. Permit-Hazardous Material Storage
Health
1419 $324.62 Sears Appliance Replacement-Rental Unit
1420 $38.97 Second Cup Caf6 Local Business Meetings
1421 $261.97 Summit Uniforms Uniform Expense
1422 $64.00 Terminix Pest Control
1423 $1,228.10 Tires on the Go Tires&Tire Repairs
1424 $84.67 Tony&Albas Pizza Local Business Meetings
1425 $1,245.44 United Rentals Highway Tech. Signs
1426 $1,800.00 Valley Tree Care Tree Removal Services-SFO
1427 $59,876.00 Watershed Science Construction Management Service-2 Bridges and Trail
Repairs-Virginia Mill Trail&Grabtown Gulch
1428 $85.57 West Group On-Line Legal Subscription
1429 $5,500.00 "1 Western Press&Mail Postage-Fall 2004 Newsletters
1430 $250.00 Woodside&Portola Private Patrol Patrol Services-Windy Hill
Total $521,679.97
'1 Urgent Check Issued 08/19/04
v n n item# In the event agenda da to s not
9
approved,this claim will not be
processed
II
II
Page 2 of 2