HomeMy Public PortalAbout20180328 - Agenda Packet - Board of Directors (BOD) - 18-13
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Administrative Office
330 Distel Circle
Los Altos, CA 94022
Wednesday, March 28, 2018
Regular Meeting starts at 7:00 PM*
A G E N D A
7:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT
ORAL COMMUNICATIONS
The Board President will invite public comment on items not on the agenda. Each speaker will
ordinarily be limited to three minutes; however, the Brown Act (Open Meeting Law) does not allow
action by the Board of Directors on items not on the agenda. If you wish to address the Board, please
complete a speaker card and give it to the District Clerk. Individuals are limited to one appearance
during this section.
ADOPTION OF AGENDA
CONSENT CALENDAR
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.
1. Approve March 14, 2018 and March 15, 2018 Minutes
2. Claims Report
3. Tunitas Creek Ranch Grazing Lease at Tunitas Creek Open Space Preserve (R-18-27)
Staff Contact: Susan Weidemann, Property Management Specialist II
Acting General Manager’s Recommendation: Adopt a resolution authorizing the Acting General
Manager to enter into a five-year grazing lease with a five-year extension with current tenant, Doug
Edwards, at Tunitas Creek Ranch in Tunitas Creek Open Space Preserve.
4. Big Dipper Ranch Grazing Lease at Skyline Ridge Open Space Preserve (R-18-26)
Staff Contact: Susan Weidemann, Property Management Specialist II
Meeting 18-13
Rev. 1/3/18
Acting General Manager’s Recommendation: Adopt a resolution authorizing the Acting General
Manager to enter into a five-year grazing lease with an optional five-year extension with current
tenant, Vince Fontana, at Big Dipper Ranch in Skyline Ridge Open Space Preserve.
5. Change in Purchasing Card Service Provider (R-18-30)
Staff Contact: Andrew Taylor, Finance Manager
Acting General Manager’s Recommendation: Adopt a Resolution authorizing the Acting General
Manager or his/her designee to change the current purchasing card service provider and issue new
credit cards accordingly.
6. Urban Greening Grant Submittal for the Ravenswood Bay Trail Connection Project (R-18-
29)
Staff Contact: Melanie Askay, Grants Specialist
Acting General Manager’s Recommendation: Adopt a resolution approving an application to the
Urban Greening Grant Program for the Ravenswood Bay Trail Connection Project.
7. Appointments to the Real Property Committee and Administrative Office Development Ad
Hoc Committee (R-18-33)
Staff Contact: Jennifer Woodworth, District Clerk/Assistant to the General Manager
Board President’s Recommendation: Approve the Board President’s amended appointments to the
Real Property Committee and Administrative Office Development Ad Hoc Committee.
BOARD BUSINESS
The President will invite public comment on agenda items at the time each item is considered by the
Board of Directors. Each speaker will ordinarily be limited to three minutes. Alternately, you may
comment to the Board by a written communication, which the Board appreciates.
8. Climate Change Program Informational Report (R-18-28)
Staff Contact: Hayley Edmonston, Climate Resiliency Fellow
Acting General Manager’s Recommendation: Receive an informational presentation on the Climate
Change Program. No Board action required.
INFORMATIONAL MEMORANDUM
• Bear Creek Stables Site Improvements – Project Update
INFORMATIONAL REPORTS – Reports on compensable meetings attended. Brief reports or
announcements concerning activities of District Directors and staff; opportunity to refer public or Board
questions to staff for information; request staff to report to the Board on a matter at a future meeting; or
direct staff to place a matter on a future agenda. Items in this category are for discussion and direction to
staff only. No final policy action will be taken by the Board.
Committee Reports
Staff Reports
Director Reports
ADJOURNMENT
Rev. 1/3/18
SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT – CLOSED SESSION
ROLL CALL
1. CLOSED SESSION PUBLIC EMPLOYEE APPOINTMENT (GOVERNMENT CODE
SECTION 54957)
Title: General Manager Recuitment
General Counsel Recruitment
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.
Written materials relating to an item on this Agenda that are considered to be a public record and are distributed
to Board members less than 72 hours prior to the meeting, will be available for public inspection at the District’s
Administrative Office located at 330 Distel Circle, Los Altos, California 94022.
CERTIFICATION OF POSTING OF AGENDA
I, Jennifer Woodworth, District Clerk for the Midpeninsula Regional Open Space District (MROSD), declare that
the foregoing agenda for the special and regular meetings of the MROSD Board of Directors was posted and
available for review on March 23, 2018, at the Administrative Offices of MROSD, 330 Distel Circle, Los Altos
California, 94022. The agenda and any additional written materials are also available on the District’s web site at
http://www.openspace.org.
Jennifer Woodworth, MMC
District Clerk
March 14, 2018
Board Meeting 18-10
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Administrative Office
330 Distel Circle
Los Altos, CA 94022
Wednesday, March 14, 2018
DRAFT MINUTES
SPECIAL MEETING – STUDY SESSION
President Cyr called the special meeting of the Midpeninsula Regional Open Space District to
order at 6:04 p.m.
ROLL CALL
Members Present: Jed Cyr, Nonette Hanko, Cecily Harris, Larry Hassett, Yoriko Kishimoto,
Pete Siemens, and Curt Riffle
Members Absent: None
Staff Present: Acting General Manager Ana Ruiz, Acting General Counsel Hilary
Stevenson, Acting Assistant General Manager Brian Malone, Acting
Assistant General Manager Christine Butterfield, Chief Financial Officer
Stefan Jaskulak, District Clerk/Assistant to the General Manager Jennifer
Woodworth, Acting Public Affairs Manager Cydney Bieber,
Governmental Affairs Specialist Joshua Hugg
1. Preserve Use Survey – Intercept Survey Update (R-18-04)
Governmental Affairs Specialist Joshua Hugg outlined the goals of the survey, the methodology
used for the intercept surveys, and timeline during which the survey was conducted. Mr. Hugg
introduced Patrick Tierney, Ph.D., who designed and conducted the surveys.
Dr. Tierney reviewed the results of the intercept surveys.
Director Harris inquired how often similar surveys should be repeated.
Dr. Tierney reported similar surveys are conducted every eight to ten years.
Director Riffle inquired whether Dr. Tierney identified any key takeaways.
Meeting 18-10 Page 2
Dr. Tierney pointed to results that reveal underserved communities, demonstrate overall
satisfaction with District preserves, moderate facility suggestions, parking concerns, etc.
Public comments opened at 6:52 p.m.
A member of the audience who was a volunteer survey taker commented that various visitors
both wanted more parking and fewer visitor interactions.
Public comments closed at 6:53 p.m.
Director Hanko suggested posting signage to alert visitors should bring their own water.
Director Kishimoto inquired regarding future actions to reach out to underserved communities.
Acting General Manager Ana Ruiz reported staff will be looking at solutions for reaching these
communities following the completion of various focus groups, which are reaching out to
members of underserved communities.
No Board action required.
ADJOURNMENT
President Cyr adjourned the special meeting of the Board of Directors of the Midpeninsula
Regional Open Space District at 6:59 p.m.
REGULAR MEETING
President Cyr called the regular meeting of the Midpeninsula Regional Open Space District to
order at 7:08 p.m.
Director Cyr reported the Board met in closed session on January 24, 2018, and Acting General
Counsel Hilary Stevenson provided the following report:
In closed session on January 24, 2018, the Board gave its approval to enter into a settlement
agreement with the John and Judah Staples Family Trust. The vote was 6-0 in support. The
agreement is on file in the District General Counsel’s office and lodged in San Mateo County
Probate Court.
Director Hassett dedicated the meeting to the memory of Ruth Waldhauer who recently passed
away and was an avid supporter of the District.
ROLL CALL
Members Present: Jed Cyr, Nonette Hanko, Cecily Harris, Larry Hassett, Yoriko Kishimoto,
Pete Siemens, and Curt Riffle
Members Absent: None
Meeting 18-10 Page 3
Staff Present: Acting General Manager Ana Ruiz, Acting General Counsel Hilary
Stevenson, Acting Assistant General Manager Brian Malone, Acting
Assistant General Manager Christine Butterfield, Chief Financial Officer
Stefan Jaskulak, District Clerk/Assistant to the General Manager Jennifer
Woodworth, Acting Public Affairs Manager Cydney Bieber, Engineering
& Construction Manager Jay Lin, Capital Projects Field Manager Bryan
Apple
ORAL COMMUNICATIONS
No speakers present.
ADOPTION OF AGENDA
Motion: Director Riffle moved, and Director Kishimoto seconded the motion to adopt the
agenda.
VOTE: 7-0-0
CONSENT CALENDAR
Public comment opened at 7:18 p.m.
No speakers present.
Public comment closed at 7:18 p.m.
Motion: Director Riffle moved, and Director Harris seconded the motion to approve the Consent
Calendar.
VOTE: 7-0-0
1. Approve February 28, 2018 Minutes
2. Claims Report
3. Award of Contract for Tenant Improvements at 5755 Alpine Road, La Honda, in
the Russian Ridge Open Space Preserve (R-18-20)
Acting General Manager’s Recommendations:
1. Award a contract to Belz Construction, Inc., of Orangevale, CA, for residence
improvements at 5755 Alpine Road, La Honda, in the Russian Ridge Open Space Preserve
for a base contract amount of $73,000.
2. Authorize a 15% contract contingency of $11,000, to be reserved for unanticipated issues,
thus allowing the total contract amount not-to-exceed $84,000.
Director Riffle inquired if District staff could provide photos when contracts come forward
related to property repairs.
Meeting 18-10 Page 4
Real Property Specialist I Jean Chung provided photos of the residence and the proposed repairs
and improvements.
4. Approval of the Updated Classification and Compensation Plan (R-18-23)
Acting General Manager’s Recommendation: Adopt a resolution amending the Classification
and Compensation Plan, to set the compensation for out-of-classification appointments pursuant
to AB 1487.
5. Cost Sharing Agreement with Santa Clara County, Santa Clara Valley Water
District, and Guadalupe Rubbish Disposal, Inc., for the Guadalupe River Watershed
Mercury Total Maximum Daily Load Coordinated Monitoring Program (R-18-22)
Acting General Manager’s Recommendations:
1. Determine that the recommended action is Categorically Exempt from the California
Environmental Quality Act.
2. Authorize the Acting General Manager to execute the Cost Sharing Agreement to participate
in the Guadalupe River Watershed Mercury Total Maximum Daily Load Coordinated
Monitoring Program.
Director Riffle inquired regarding the end of this monitoring program.
Natural Resources Manager Kirk Lenington reported the program is currently open-ended based
on the mercury level targets set by the Santa Clara Valley Water District.
BOARD BUSINESS
6. Alpine Road Trail Repair Project (R-18-19)
Capital Projects Field Manager Bryan Apple outlined the project goals, including rehabilitation
of the trail connection, reduction of chronic sediment input to Corte Madera Creek, provide for
patrol and maintenance vehicle access, and potential cost-sharing opportunities with partners.
Acting Assistant General Manager Brian Malone described the history of Alpine Road, including
District purchase of Coal Creek Open Space Preserve, mid-1990s landslide, cessation of
maintenance by San Mateo County, and repeated culvert failures.
Director Hassett inquired whether Alpine Road was on District land or San Mateo County land
and therefore whether the District or County is financially responsible for repairs.
Mr. Malone reported San Mateo County is not currently maintaining Alpine Road Trail.
Mr. Apple described the three options for repairing Alpine Road Trail, including the proposed
road widths, preliminary cost estimates, and the benefits of each option. Finally, Mr. Apple
outlined the preliminary project schedule, including environmental review, approval of a final
design, and an extensive permit process with multiple regulatory agencies.
Director Kishimoto inquired regarding how sediment would be reduced.
Meeting 18-10 Page 5
Mr. Apple explained that following design approval, the drainage system would be repaired,
which would reduce sedimentation.
Director Harris suggested District staff could provide an informational presentation on Alpine
Road Trail to the San Mateo County Board of Supervisors to encourage county funding of the
repairs.
Director Hanko spoke in favor of repairing the Alpine Road Trail.
Director Riffle suggested there might be advantages to completing a 12-foot wide road now
while permits are being sought.
Mr. Apple explained creation of a new road would require additional design work,
environmental review, and additional permits, which could delay the project further.
Public comment opened at 8:04 p.m.
Charlie Krenz, president of the Silicon Valley Mountain Bikers, spoke in favor of repairing
Alpine Road Trail and expressed his preference for Option Two, which would provide a more
natural trail.
Mike Bushue spoke in favor of a full access multi-use trail.
Public comment closed at 8:08 p.m.
Director Kishimoto spoke in favor of Options Two or Three.
Director Riffle requested clarification regarding ownership of the Alpine Road Trail.
Mr. Malone explained the District owns most of the land in fee, but San Mateo County owns the
road easement. District staff will return to the Board to provide additional property negotiations
prior to construction.
Director Hassett spoke in favor of Option Two stating a narrower trail would be easier to
maintain over time, including better drainage, and patrol and maintenance concerns would
continue under Option Three. Additionally, San Mateo County should handle all permitting
costs.
President Cyr spoke in favor of maintaining a narrower trail rather than a wide road and spoke in
favor of Option Three.
Motion: Director Kishimoto moved, and Director Hassett seconded the motion to approve
selection of repair Option Two for the Alpine Road Trail Repair Project, as described further in
the staff report, to proceed with design plans and environmental review.
Director Hassett inquired if a narrower trail would require the San Mateo County to abandon
their road easement.
Meeting 18-10 Page 6
Real Property Manager reported the District is interested in a quitclaim of the easement, which
would grant to the District the road easement. Further real property negotiations are necessary.
Friendly Amendment: Director Harris offered a friendly amendment to direct staff to pursue
negotiations with San Mateo County funding for design and permit costs.
Directors Kishimoto and Hassett accepted the friendly amendment.
Board members requested and received clarification regarding the road easement locations on
private and District property.
Director Riffle and President Cyr explained they would be voting against the motion because the
wider road option was recommended by staff, and would improve patrol and maintenance
vehicle access and efficiency. However, they are both in favor of repairing Alpine Road Trail
VOTE: 4-3-0 (Director Cyr, Hanko, and Riffle dissenting.)
7. Project Delivery Process for the Administrative Office Development Project and
Creation of an Ad Hoc Committee of the Board of Directors to Guide the Design Team
Hiring Process and Public Engagement Approach (R-18-21)
Engineering & Construction Manager Jay Lin provided the staff presentation describing project
milestones to date, and explained the differences between design-build and design-bid-build,
including advantages and disadvantages and proposed schedules of each process. Mr. Lin
described the various opportunities for design input that would be provided to the Board
throughout each of the alternate processes, including study sessions, ad hoc committee meetings,
regular Board meetings, and informational memorandums.
Director Hassett requested clarification regarding the purchasing policy and contract regulations
related to design and contractor selection.
Ms. Stevenson explained the District is not required to select design and design-build consultants
based on the lowest responsive and responsible bid.
Directors Siemens, Riffle, Cyr, and Harris spoke in favor of the design-bid-build process.
Director Hassett spoke in favor of the design-build process and the efficiency it can bring to the
project.
Public comment opened at 9:05 p.m.
No speakers present.
Public comment closed at 9:05 p.m.
Motion: Director Siemens moved, and Director Riffle seconded the motion to:
1. Select Option 2: Design-Bid-Build as the preferred project delivery process for the new
Administrative Office:
Meeting 18-10 Page 7
2. Direct the formation of a new Administrative Office Development Ad Hoc Committee, and
authorize the Board President to appoint three Directors to serve on the Committee.
VOTE: 7-0-0
President Cyr appointed Directors Cyr, Kishimoto, and Siemens to serve on the Administrative
Office Development Ad Hoc Committee.
INFORMATIONAL MEMORANDUM
• Cooley Landing – Project Update
• Rancho San Antonio Carrying Capacity and Multimodal Access Study
• Deer Hollow Farm White Barn Renovation Project at Rancho San Antonio Open Space
Preserve
• Bear Creek Redwoods Open Space Preserve – Opening Timeline
INFORMATIONAL REPORTS
A. Committee Reports
No Committee reports.
B. Staff Reports
District Clerk/Assistant to the General Manager Jennifer Woodworth reported on upcoming tours
of San Jose Water Company land and updates to the schedule of upcoming Board and
Committee meetings.
Acting General Manager Ana Ruiz reported her attendance at a meeting of other park and open
space agencies general managers to discuss issues that affect many of the agencies and proposed
responses. Ms. Ruiz also attended the California Council of Land Trusts conference and had
opportunities to meet with numerous partner agencies. Finally, Ms. Ruiz provided an update on
the Four Cities Stevens Creek Corridor Project, and reported Cupertino is interested in a trail
connection between the Stevens Creek Trail and Rancho San Antonio.
C. Director Reports
The Board members submitted their compensatory reports.
Director Siemens reported his attendance at the quarterly meeting of the Santa Clara County
Special Districts Association.
Director Kishimoto reported her attendance at the quarterly meeting of the Santa Clara County
Special Districts Association and the Cooley Landing Open House.
Director Riffle announced he will participating in an upcoming panel discussion in Los Altos
discussing local parks.
Meeting 18-10 Page 8
President Cyr reported his recent conversations with California state legislators to express
support for the District’s purchase of San Jose Water Company land.
ADJOURNMENT
President Cyr adjourned the regular meeting of the Board of Directors of the Midpeninsula
Regional Open Space District into closed session at 9:25 p.m.
________________________________
Jennifer Woodworth, MMC
District Clerk
Board Meeting 18-11
SPECIAL MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Mitchell Park Community Center – El Palo Alto Room
3700 Middlefield Rd.
Palo Alto, CA 94303
Thursday, March 15, 2018
10:00 AM
DRAFT MINUTES
CALL TO ORDER
President Cyr called the special meeting of the Midpeninsula Regional Open Space District to
order at 10:03 a.m.
ROLL CALL
Members Present: Jed Cyr, Cecily Harris, Larry Hassett, Yoriko Kishimoto, Curt Riffle and
Pete Siemens
Members Absent: Nonette Hanko
Staff Present: Acting General Manager Ana Ruiz, Acting Assistant General Manager
Brian Malone, Acting Assistant General Manager Christine Butterfield,
Chief Financial Officer/Director of Administrative Services Stefan
Jaskulak, Controller Mike Foster, Acting General Counsel Hilary
Stevenson, District Clerk/Assistant to the General Manager Jennifer
Woodworth, Planning Manager Jane Mark, Interim Public Affairs
Manager Cydney Bieber, Engineering and Construction Manager Jay Lin,
Human Resources Manager Candice Basnight, Information Systems
Technology Manager Garrett Dunwoody, Acting Visitor Services
Manager Chris Barresi, Acting Land and Facilities Manager Elaina
Cuzick, Natural Resources Manager Kirk Lenington, Real Property
Manager Mike Williams, Finance Manager Andrew Taylor
ORAL COMMUNICATIONS
No speakers present.
Meeting 18-11 Page 2
BOARD BUSINESS
Acting General Manager Ana Ruiz provided opening comments summarizing the agenda topics
for the retreat.
Acting Assistant General Manager Christine Butterfield reviewed various key themes and
District accomplishments for Fiscal Year 2017-18 (FY2017-18) suggested by the Board at the
February 1, 2018 retreat. Ms. Butterfield asked the Board to share their comments regarding an
overall direction and focus for fiscal year 2018-19.
Director Riffle emphasized a balanced delivery of the District’s mission and meeting
commitments to the San Mateo coastal area. Additionally, the District should continue to show
progress on projects, including public access. As staff vacancies are filled, additional project
work will be able move forward.
Director Harris suggested a further emphasis on reaching out to non-visitors to make them aware
of the District and its preserves.
Director Kishimoto urged a continuing emphasis on diversity and outreach and expressed her
concerns that the District should continue to monitor the costs of Measure AA projects to ensure
funds are allocated in accordance with Measure AA voter language.
Controller Mike Foster provided additional information regarding the Measure AA portfolio
estimate to account for time between voter passage of Measure AA and project completion,
explaining the estimates did account for potential inflation..
Director Harris would like to continue seeking support from partners and grant funding to bring
in additional funds to complete projects.
Director Hassett encouraged progress on public access projects, including potential transit
options to aid preserve visitors.
Director Siemens requested a summary of projects completed within each portfolio.
President Cyr would like to continue communicating with the public information that
demonstrates progress on projects.
Chief Financial Officer/Director of Administrative Services Stefan Jaskulak provided an
overview of the budget process and consolidation of the Capital Improvement and Action Plan
program categories.
The Board reviewed the four programs of the draft Capital Improvement and Action Plan,
requested, and received clarification regarding the projects included. The Board also requested
edits to various project descriptions.
The Board recessed at 11:17 a.m. and reconvened at 11:26 a.m. with Directors Cyr, Harris,
Hassett, Kishimoto, Riffle, and Siemens present.
Meeting 18-11 Page 3
Director Harris requested a change to the name of the Livestock Protection Policy stating
predators must also be protected in open space lands.
Director Riffle commented on the need to look at regional efforts to combat climate change.
The Board recessed at 12:05 p.m. and reconvened at 12:22 p.m. with Directors Cyr, Harris,
Hassett, Kishimoto, Riffle, and Siemens present.
Director Kishimoto requested information related to the new water system proposed for Bear
Creek Redwoods.
Engineering and Construction Manager Jay Lin explained approximately $40,000 has been spent
to date to bring a water line to gate 1 for the preserve. Additional funds would be needed to
install a water system on the site.
Director Hassett inquired whether long-term tree farm leases were in line with the La Honda
Creek Master Plan to restore the land.
Acting Land and Facilities Manager Elaina Cuzick explained that longer-term leases encourage
tree farm tenants to invest in the property.
By consensus, the Board directed staff to enter into a short-term lease for the Skyline Christmas
tree farm.
Director Kishimoto requested clarification regarding the District Strategic Communications Plan
and requested a separate Public Engagement Plan.
Director Kishimoto requested an update on the staff directory project.
Mr. Jaskulak reported staff is currently working to develop an electronic directory for
SharePoint.
District Clerk/Assistant to the General Manager Jennifer Woodworth stated a training session
can be scheduled to help orient Board members to SharePoint and Microsoft Office 365.
Mr. Malone reported staff recommends removal of the apartment redesign and permitting of
4150 Sears Ranch Road and include the water system and driveway projects for the location.
Director Riffle requested establishment of a restoration forestry program to evaluate the
effectiveness of treatments.
Director Harris requested “Miramontes Ridge- Pursue Public Access Partnerships” be added to
the list of land acquisition operating projects.
The Board recessed at 1:25 p.m. and reconvened at 1:36 p.m. with Directors Cyr, Harris, Hassett,
Kishimoto, Riffle, and Siemens present.
Meeting 18-11 Page 4
Mr. Malone reviewed the process used by staff to include projects on the Measure AA Five-Year
Project List, including projects that are underway, address a public safety concern, fulfill a legal
or formal commitment, or have a deadline within five years.
Board members requested and received additional information regarding several Measure AA
projects.
Mr. Malone reviewed the top four ranked optional Measure AA projects.
Director Riffle recused himself from the meeting and discussion of proposed projects due to a
perceived conflict of interest related to his employment at POST and left the room at 2:07 p.m.
The Board of Directors discussed the Johnston and Cloverdale Ranch projects.
Director Kishimoto requested additional clarification regarding the Cloverdale water system.
Mr. Malone provided additional information regarding the management of the water rights for
the Cloverdale property and reported the water is only used for agricultural purposes.
Public comments opened at 2:25 p.m.
Daniel Olstein, Director of Land Programs and Stewardship at Peninsula Open Space Trust
(POST), explained the project included in the Measure AA Optional Projects list would provide
groundwork to prepare for a future acquisition. Mr. Olstein encouraged the Board to move
forward with purchasing Cloverdale Ranch in the next five years.
Public comments opened at 2:28 p.m.
Motion: Director Siemens moved, and Director Kishimoto the motion to prioritize the top four
projects included in the Measure AA Optional Project List.
VOTE: 5-0-0 (Directors Hanko and Riffle absent.)
Director Riffle returned to the dais at 2:30 p.m.
Mr. Malone reviewed the various projects from the Measure AA Optional Project List that are
currently included in the FY2018-19 CIAP.
Director Kishimoto suggested swapping the prioritization of the Meadow Trail rerouting and
Stevens Creek tidal wetland restoration in order to prioritize climate change resiliency.
By consensus, the Board decided against changing the prioritization of these two projects.
Motion: Director Siemens moved, and Director Harris the motion to approve the Measure AA
Five-Year Project List and Measure AA Optional Project List
VOTE: 6-0-0 (Director Hanko absent.)
Meeting 18-11 Page 5
ADJOURNMENT
President Cyr adjourned the Special Meeting of the Board of Directors of the Midpeninsula
Regional Open Space District at 2:56 p.m.
________________________________
Jennifer Woodworth, MMC
District Clerk
page 1 of 4
CLAIMS REPORT
MEETING 18-13
DATE 03-28-18
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Check
Number
Payment
Type
Notes Vendor No. and Name Invoice Description Check Date Payment
Amount
77578 Check 11716 - O.C. JONES & SONS, INC.Mt. Umunhum Road Rehab Project 03/21/2018 182,496.80
77547 Check *10720 - CITY OF MOUNTAIN VIEW - REC Deer Hollow Farm Support Agreement FY 17-18 03/21/2018 75,000.00
77541 Check 11369 - BANK OF THE WEST COMMERCIAL CARD USA $595.87 Office Supplies - Tissue, Tape, Envelopes, Steno Pads 03/21/2018 68,653.18
Check $2.00 SMC Public Works Parking Fee 03/21/2018
Check $2,768.43 Lodging, Bat Boxes (20) + Marbled Murrelet Observer Training 03/21/2018
Check $1,515.19 Webinar, Permits + Parking 03/21/2018
Check $783.57 Food & Supplies for Board Training 1/27, Retreat 2/1 03/21/2018
Check $518.14 Training, Visitor Use Counter Project & Office Supplies 03/21/2018
Check $2,072.46 Field Supplies - Deckmate Screws + ATV Pressure Washer 03/21/2018
Check $1,723.32 LCW Annual Conference, Tyler Connect 2018 03/21/2018
Check $10,196.26 Fuel - District Vehicles ($8,660.03), Fire Gear 03/21/2018
Check $45.00 Training/Workshop - California Trails Conference 03/21/2018
Check $1471.85 Tools, Gloves, Zip Ties, Headlight Bulb, Wiper Blades 03/21/2018
Check $568.53 Facebook Ads, Shopify & MailChimp Subscription, Web Apps 03/21/2018
Check $555.64 Filters,Small Tools and Parts for Equipment Service 03/21/2018
Check $1,433.72 CEQA Conference Expenses 03/21/2018
Check $5,892.16 Webb Creek Bridge Bldg Permit Application Fee 03/21/2018
Check $825 Registration fees Special Parks District Forum Conference and BAOSC Conference Tickets 03/21/2018
Check $129.71 Field Supplies - Headlights, Bobcat door parts 03/21/2018
Check $338.07 Office Supplies - File Folders, Keys, Fasteners, Tabs 03/21/2018
Check $582.87 Pest Services + Jigsaw Blade 03/21/2018
Check $639.05 Haz-Mat Disposal Fee (FFO), Toilet Brush 03/21/2018
Check $449.66 Mini Weed Wrenches 03/21/2018
Check $286.44 EMT Training Fee & Locks 03/21/2018
Check $199.70 Field Supplies - Tire Gauge, Ice Machine Cleaner & Filter 03/21/2018
Check $2,283.96 Field Supplies - Plywood, Miter Saw, Blade, Rebar 03/21/2018
Check $678.68 NAI re-certifications; Twix[snake] Veterinary Lab Work 03/21/2018
Check $341.61 Volunteer Supplies - Water Cooler, Grip Transplanter 03/21/2018
Check $528.97 Storage, Parking, Adobe Editing, CPRS Conf & Expo Reg 03/21/2018
Check $644.86 Tyler Connect 2018 Conference - Travel Expenses 03/21/2018
Check $3347.37 Field Supplies - Towable Cement Mixer Rental, Trowel 03/21/2018
Check $1,275.28 Permit Fees (BCR)03/21/2018
Check $218.70 Field Supplies - Winch Cable, Back Up Alarm (WT2)03/21/2018
Check $909.12 Field Supplies - Kneepad, Trowel, Bat Shed Material 03/21/2018
Check $1,603.48 CCLT Conference Expenses, Battery, NOE Filing Fee 03/21/2018
Check $1,706.51 Formplus Sub, Wireless Mouse, Autocad License 03/21/2018
Check $561.46 CCLT Conference Expenses, Online Newspaper Subs 03/21/2018
Check $1,759.60 CEQA Conference Expenses 03/21/2018
Check $1,480.84 GFOA Annual Conf Exp Reimburse, Interview Panel Lunch 03/21/2018
Check $219.96 Bolt Cutters, Tow Straps, Steel Cable, Door Latch, Plier 03/21/2018
Check $864.53 - California Parks & Recreation Conference 03/21/2018
Check $68.52 Field Supplies - Flashlight, batteries 03/21/2018
Check $-2858.64 Credit-Returned Merchandise & Battery Controller 03/21/2018
Check $814.88 Panel Meals, Airfare for Conference & Job Postings 03/21/2018
Check $37.31 Flax Screws and Washers 03/21/2018
Check $256.31 Field Supplies - Respirator, Fast Grab Tool, Cable,Paint 03/21/2018
Check $655.90 Tires Gauges and Broom Heads 03/21/2018
Check $346.34 Storage Fee, Name Badges, Notebook, Subscription Fee 03/21/2018
Check $526.16 Volunteer Docent & Trail Patrol Training 03/21/2018
Check $115.07 Field Supplies - Fire Riser Hazard Sign, Webinar 03/21/2018
Check $905.47 Field Supplies - Wire Wheel, Lumber, Electrical Kit 03/21/2018
Check $470.81 Field Supplies - Shop Towels, Paint, Masonry Wheel 03/21/2018
Check $776.32 Uniform - Boots, Solar Battery Chargers for District Vehicles 03/21/2018
Check $78.14 Shop Totes + Digital Tire Guage 03/21/2018
Check $3,363.63 AED Batteries, Food for Leadership Academy, EMR Kits 03/21/2018
Check $42.45 Field Supplies - Rebar Wire 03/21/2018
Check $13.00 Parking Fee 03/21/2018
Check $1,760.36 AO HVAC Valve, Sewer Service, Silva Permits, AO Roof 03/21/2018
Finance has started to roll out electronic funds transfer (EFT) for accounts payable disbursements to reduce check
printing and mailing, increase payment security, and ensure quicker receipt by vendors
page 2 of 4
CLAIMS REPORT
MEETING 18-13
DATE 03-28-18
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Check
Number
Payment
Type
Notes Vendor No. and Name Invoice Description Check Date Payment
Amount
Finance has started to roll out electronic funds transfer (EFT) for accounts payable disbursements to reduce check
printing and mailing, increase payment security, and ensure quicker receipt by vendors
Check $835.06 Plaque & Frame for GM Retirement, CCLT Conference Registration 03/21/2018
Check $1,035.00 PRAC Conference & EMT Training Registration 03/21/2018
Check $62.44 Hose Extractor Assembly and Keys for S100 03/21/2018
Check $1,722.61 Software Licenses, Battery Backup, Scanner, Cables 03/21/2018
Check $25.00 League of CA Webinar "Municipal Elections"03/21/2018
Check $1,672.00 Recruitment Expenses 03/21/2018
Check $907.66 Field Supplies - Deckscrews, Hangar Strap + Tree Stakes 03/21/2018
Check $825.25 Hazmat Fees, Turtle Platforms (RR), Planting Wire 03/21/2018
Check $837.84 PARMA Conference Expenses 03/21/2018
Check $148.99 Geocaching Supplies + Membership, NAI Workshop 03/21/2018
Check $324.70 Books, Personal Protective Equipment, + Field Equipment 03/21/2018
Check $359.48 Lunch for Board Retreat 03/21/2018
Check $378.67 Kitchen Supplies & Laminating Sheets 03/21/2018
Check $128.88 Field Supplies - Heavy Duty Truck Dolly 03/21/2018
77577 Check 11716 - O.C. JONES & SONS, INC.Retainage Release - Mt Um Road Project 03/21/2018 52,937.21
77513 Check 11501 - HARRIS DESIGN Alma College Parking Lot Design 03/14/2018 34,688.42
77514 Check 11910 - LEE & JONES-TAYLOR PARTNERSHIP Cooley Landing Operator Selection Project 03/14/2018 31,762.50
77562 Check 11236 - GRADETECH Sears Ranch Road Improvements & Parking 03/21/2018 26,166.43
77587 Check 11909 - PIONEER MACHINERY, INC.Purchase Of Canycom S100 - Tractor Carrier 03/21/2018 22,600.00
77515 Check 11617 - MIG, INC.ADA Self-Evaluation and Transition Plan + LHC Red Barn Design Services Through 1/31/18 03/14/2018 19,373.53
77569 Check 11906 - LAW OFFICES OF GARY M. BAUM District AGC Legal Services for Feb 2018 03/21/2018 19,223.98
77566 Check 11501 - HARRIS DESIGN Alma College Parking Lot Design 03/21/2018 15,983.20
77582 Check 10999 - PALO ALTO PLUMBING HEATING & AIR Installation of HVAC System (SAO)03/21/2018 14,000.00
77552 Check 11699 - DAKOTA PRESS Printing and Mailing of Spring 2018 Views Quarterly Newsletter 03/21/2018 10,137.58
77579 Check 11716 - O.C. JONES & SONS, INC.Retainage Release 03/21/2018 9,605.10
77498 Check 11711 - BAY AREA METAL FABRICATION LLC Upper WH Spring Ridge Replacement Sign Board + Sears Ranch Parking Area & Trail Connection (LHC)03/14/2018 9,423.21
77546 Check 11876 - CASCADIA CONSULTING GROUP, INC.GHG Inventory and Climate Action Plan 03/21/2018 9,402.48
77604 Check 11856 - WEST COAST ARBORISTS, INC.Fungicide Application (RSA), (LT), (Ecdm)03/21/2018 9,000.00
77568 Check 10467 - HIGHWAY PRODUCTS Tool Box for Maintenance Truck to Carry Tools & Equipment (M225)03/21/2018 7,542.98
77502 Check 11680 - BIGGS CARDOSA ASSOCIATES INC Structural Engineering Services for Meyer Property 03/14/2018 6,861.00
77518 Check 10079 - PAGE & TURNBULL Deer Hollow Farm White Barn Historic Structure Report Jan 2018 03/14/2018 6,795.00
77530 Check 10302 - STEVENS CREEK QUARRY INC Skyline Ridge Parking Lot Improvements - Rock 03/14/2018 6,223.88
77573 Check 11572 - MESITI-MILLER ENGINEERING INC.Webb Creek Bridge Environmental Permitting + Replacement Project Design (BCR)03/21/2018 6,046.75
77512 Check 10509 - GEOCON CONSULTANTS INC Phase II assessment of abandoned oil tank facilities 03/14/2018 5,815.52
77494 Check 11772 - AHERN RENTALS, INC.Equipment Rental (BCR)03/14/2018 5,539.93
77554 Check 11831 - EAGLE NETWORK SOLUTIONS LLC IT Consulting: Active Directory Services Configuration 03/21/2018 5,000.00
77584 Check 11129 - PETERSON TRUCKS INC. Batteries (M29) + BIT Inspections & Repairs on District Maintenance Vehicles 03/21/2018 4,850.47
77508 Check 11420 - DOUG EDWARDS Tunitas Creek Ranch Coyote Brush Removal 03/14/2018 4,850.00
77593 Check 10324 - RICH VOSS TRUCKING INC Skyline Ridge Parking Lot Improvement -- Trucking for Rock 03/21/2018 4,818.50
77500 Check 11681 - BERKEY WILLIAMS LLP Legal Services Mt. Um Cultural Conserv. Esmt.-AMLT 03/14/2018 4,253.50
77524 Check 11669 - ROSE CONSULTING Stress Management Workshops 03/14/2018 4,100.00
77557 Check 11151 - FASTENAL COMPANY Hardware + Dewalt Cordless Power Tools 03/21/2018 3,843.94
77606 Check *11118 - WEX BANK Fuel for District Vehicles 03/21/2018 3,783.18
77548 Check 11919 - CitySourced, Inc.Cityworks Web Portal Setup Fee 03/21/2018 3,600.00
77520 Check 11523 - PGA DESIGN, INC.Professional Services - Sears Ranch Road Staging Area 03/14/2018 3,423.00
77490 Check 11006 - SAN MATEO COUNTY MOSQUITO & VECTOR CONTROL DIST Vector Control - 7/2016 to 6/2017 03/08/2018 3,236.49
77561 Check 10768 - GARRAHAN OFF-ROAD TRAINING, LL ATV Training 03/21/2018 2,850.00
77492 Check 10001 - AARON'S SEPTIC TANK SERVICE Septic Pump Services - (SA-Mt. Um)03/14/2018 2,735.00
77585 Check *10180 - PG & E Monthly Electricity Service (RSACP) + Installation of Meter at Bear Creek Road 03/21/2018 2,528.77
77549 Check 10022 - CONCERN EAP Quarterly Rate 10/1/17-12/31/17 03/21/2018 2,467.50
77540 Check 11799 - AZTEC LEASING, INC.Copier Lease - 6 machines 03/21/2018 2,326.06
77583 Check 10925 - PAPE` MACHINERY T27 Service / Repairs 03/21/2018 2,307.42
77553 Check 10032 - DEL REY BUILDING MAINTENANCE Janitorial Cleaning Service + Supplies (AO)03/21/2018 2,306.88
77531 Check 10307 - THE SIGN SHOP Trail Signs (FFO) + Signs for Skyline Field Office 03/14/2018 2,065.87
77556 Check 11748 - ENVIRONMENTAL AND ENERGY CONSULTING Consulting & Lobbying for Wildlife Corridor Working Group: Jan - Feb 2018 03/21/2018 2,000.00
77586 Check 10140 - PINE CONE LUMBER CO INC Lumber for Bat Sheds (BCR) + Tool Belt, Nail Puller & Framer Set 03/21/2018 1,957.21
77495 Check *10128 - AMERICAN TOWER CORPORATION Repeater Site Lease - Coyote Creek 03/14/2018 1,876.00
77600 Check 10152 - TADCO SUPPLY Janitorial Supplies (RSA) (CP) (Mt. UM)03/21/2018 1,700.99
page 3 of 4
CLAIMS REPORT
MEETING 18-13
DATE 03-28-18
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Check
Number
Payment
Type
Notes Vendor No. and Name Invoice Description Check Date Payment
Amount
Finance has started to roll out electronic funds transfer (EFT) for accounts payable disbursements to reduce check
printing and mailing, increase payment security, and ensure quicker receipt by vendors
77509 Check 11821 - DUNKINWORKS Leadership Academy #5 Ethics and Diversity 03/14/2018 1,696.85
77511 Check 10187 - GARDENLAND POWER EQUIPMENT Safety Equipment Hearing Protection & Helmets, Chainsaw, Brush Cutter Parts (SFO)03/14/2018 1,572.49
77497 Check *10263 - BANK OF NEW YORK MELLON Administration Fee - Note Paying Agent Fees 03/14/2018 1,500.00
77567 Check 10222 - HERC RENTALS, INC.Truck Rental (BCR)03/21/2018 1,414.79
77594 Check 10936 - ROSS RECREATION EQUIPMENT Abbors Recognition Bench (RSA)03/21/2018 1,411.25
77572 Check 11746 - MARKEN MECHANICAL SERVICES, INC.SFO H-Vac - Repaired Damaged Wires 03/21/2018 1,280.00
77501 Check 11744 - BERRY, WHITNEY California APA Conference Expenses Reimburse 03/14/2018 1,259.55
77510 Check 10567 - EXAMINETICS INC Fit testing 03/14/2018 1,215.00
77499 Check 10706 - BAY AREA NEWS GROUP (MERCURY NEWS)Mercury News Subscription Renewal: 3/15/2018 thru 6/13/2018 + Radar Tower Bid Walk Ad 03/14/2018 1,207.04
77537 Check 10660 - AMARACH MANAGEMENT Demo, Photos + Site Visits - Twin Creeks 03/21/2018 1,200.00
77506 Check 10445 - COMMUNICATION & CONTROL INC Repeater Site Lease 03/14/2018 1,172.00
77564 Check 10173 - GREEN WASTE Garbage / Recycle / Debris Boxes (SFO)03/21/2018 1,158.64
77588 Check 10261 - PROTECTION ONE Monthly Alarm Services (AO) (FFO)03/21/2018 1,133.90
77596 Check 10580 - SHARP BUSINESS SYSTEMS Copy and Printing monthly usage fees 03/21/2018 1,099.28
36 EFT 11749 - ASKAY , MELANIE CCLTA Conference Expenses Reimbursement 03/14/2018 1,091.87
77601 Check 10146 - TIRES ON THE GO New Tires for P99 03/21/2018 1,049.80
77590 Check 10194 - REED & GRAHAM INC Restoration Supplies (RSACP)03/21/2018 1,037.88
77522 Check 10176 - RE BORRMANN'S STEEL CO Materials for Bat Boxes (BCR) + Parking Lot Bike Brushes Metal Parts 03/14/2018 1,029.59
77580 Check 11928 - OLD REPUBLIC TITLE COMPANY Escrow Deposit for ESC#0622020376-GH 03/21/2018 1,000.00
77528 Check 11918 - SF NORTH BAY LAW Legal Services for Jan 2018 03/14/2018 999.52
77532 Check 10146 - TIRES ON THE GO New Tires for WT2, P105 03/14/2018 979.31
77599 Check 11055 - SYSTEMS FOR PUBLIC SAFETY Background Check - Peace Officer 03/21/2018 975.00
77575 Check 10288 - MISSION VALLEY FORD TRUCK SALES, INC Kubota Tractor Routine Service 03/21/2018 968.36
77503 Check 11430 - BIOMAAS Rosetta Property Bat Surveys 03/14/2018 919.37
77493 Check 11722 - ADLER TANK RENTALS LLC Water Tank Rental for Mt. Um Summit Construction Feb 2018 03/14/2018 915.60
77536 Check 10001 - AARON'S SEPTIC TANK SERVICE Restroom Vault Pumping (MB) (MH)03/21/2018 795.00
77516 Check 10125 - MOFFETT SUPPLY COMPANY INC SFO Restroom Supplies 03/14/2018 779.48
77526 Check *10136 - SAN JOSE WATER COMPANY Water Service (RSACP)03/14/2018 751.98
77538 Check *10294 - AMERIGAS-SAN JOSE SFO Propane Tank refill 03/21/2018 734.36
77544 Check *10454 - CALIFORNIA WATER SERVICE CO-949 Water Service - (AO), (FFO)03/21/2018 729.18
77563 Check 11551 - GREEN TEAM OF SAN JOSE Garbage Service (RSACP)03/21/2018 688.88
77576 Check 11714 - MOUNTAIN VIEW CHAMBER OF COMMERCE Annual Membership for Mountain View Chamber of Commerce 03/21/2018 675.00
77534 Check 11037 - US HEALTHWORKS MEDICAL GROUP PC Medical Services-HR 03/14/2018 610.00
77539 Check 11048 - ARC Alma College Parking Lot - Digital Setup & Printing Services 03/21/2018 582.72
77505 Check 11530 - COASTSIDE.NET SFO Internet Monthly Service 03/14/2018 550.00
77542 Check 11233 - BAY AREA WATER TRUCKS Water Delivery to Burkhart 03/21/2018 550.00
77496 Check 10327 - ASSOCIATION OF BAY AREA GOVERNMENT 2018 Membership Dues - Supports Regional Governance 03/14/2018 500.00
77560 Check 11494 - FURNISS, CHRIS Tuition Reimbursement - ACLS 03/21/2018 495.00
77519 Check 11129 - PETERSON TRUCKS INC.M207 Service 03/14/2018 493.50
77602 Check 10403 - UNITED SITE SERVICES INC Temp Power for Mt Um Trailer 03/21/2018 489.41
77550 Check 10544 - CORELOGIC INFORMATION SOLUTION Property Research Services 03/21/2018 450.00
77597 Check 10302 - STEVENS CREEK QUARRY INC Class II Baserock for Various Projects 03/21/2018 414.00
77525 Check 10710 - SAFE DEPOSIT BOX OPERATIONS Safe Deposit Box Rental (3) 4/3/18 - 4/3/19 03/14/2018 375.00
77595 Check 11059 - SAN MATEO COUNTY HEALTH DEPT Tick & Water Testing 03/21/2018 372.00
77504 Check 10352 - CMK AUTOMOTIVE INC Diagnose Idle Problem P83 + Replace Headlamp P81 + Maintenance Service M29 03/14/2018 354.53
40 EFT 11625 - REITER, HEATHER UC Davis Extension Training Reimbursement 2/30/18 + Mileage Reimbursement 2/22/18 - 3/7/18 03/14/2018 341.05
77589 Check 10589 - RECOLOGY SOUTH BAY Recycling Debris Box - RSA 03/21/2018 333.00
77529 Check 11627 - SOUTH BAY ACCESS SOLUTIONS PC Gate service 03/14/2018 330.00
77591 Check 10093 - RENE HARDOY AO Gardening Services 03/21/2018 325.00
77605 Check 11852 - WESTERN EXTERMINATOR CO.Exterminator Service (RSA-Annex)03/21/2018 300.00
77535 Check 0000A -MICROSOFT CORPORATION Microsoft Tech Summit 3/19-3/20/18 03/14/2018 290.00
77491 Check 11507 - 4IMPRINT, INC.Leadership Academy Polo's 03/14/2018 289.93
77581 Check 10080 - PALO ALTO MEDICAL FOUNDATION Medical Services-HR 03/21/2018 259.00
77523 Check 11526 - REPUBLIC SERVICES Monthly Garbage Services - 16060 Skyline 03/14/2018 250.01
77543 Check *10172 - CALIFORNIA WATER SERVICE CO-3525 Water Service For Rental Properties 03/21/2018 248.58
42 EFT 11319 - CHANCE, MARIANNE Expense reimbursement - National Association for Interpretation Workshop 03/21/2018 210.00
77571 Check 10189 - LIFE ASSIST First Aid Supplies - Bandages, Poison Oak-Ivy Lotion + Suncreen 03/21/2018 203.07
page 4 of 4
CLAIMS REPORT
MEETING 18-13
DATE 03-28-18
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Check
Number
Payment
Type
Notes Vendor No. and Name Invoice Description Check Date Payment
Amount
Finance has started to roll out electronic funds transfer (EFT) for accounts payable disbursements to reduce check
printing and mailing, increase payment security, and ensure quicker receipt by vendors
77545 Check 10723 - CALLANDER ASSOCIATES Mt. Um Summit Public Access 03/21/2018 201.49
77570 Check 11326 - LEXISNEXIS Online Subscription Service for Feb 2018 03/21/2018 198.00
77565 Check 11758 - HALF MOON BAY COASTSIDE CHAMBER OF COMMERCE Annual Membership for Half Moon Bay Chamber of Commerce 03/21/2018 187.00
77527 Check 11042 - SANTA CLARA COUNTY-OFFICE OF THE SHERIFF Live Scan Services Jan 2018 03/14/2018 138.00
77574 Check 10664 - MISSION TRAIL WASTE SYSTEMS AO Garbage Services 03/21/2018 130.91
37 EFT 11754 - CARABETTA, ALYSHA Per Diem Reimbursement for PRAC Parks Specialized Training & Development Conference 03/14/2018 129.50
38 EFT 11562 - INGRAM, JESSICA Per Diem Reimbursement for PRAC Parks Specialized Training & Development Conference 03/14/2018 129.50
77551 Check 10517 - CSMFO 2018 Membership Dues - S. Jaskulak 03/21/2018 110.00
77558 Check 10186 - FEDERAL EXPRESS Shipping Charges - AO 03/21/2018 101.57
39 EFT 10897 - ISHIBASHI, ALLEN Mileage Reimburse - Travel for IRWA Course 03/14/2018 98.10
77598 Check 10107 - SUNNYVALE FORD M213 Service / Repairs 03/21/2018 93.31
41 EFT 11301 - BASNIGHT, CANDICE LCW Employment Law Update Transportation Exp 03/21/2018 86.00
77592 Check 10228 - RHF INC Radar Unit Recalibration 03/21/2018 83.00
77559 Check 10169 - FOSTER BROTHERS SECURITY SYSTEMS Keys and Split Rings 03/21/2018 70.01
77507 Check 11210 - DATA SAFE Document Shredding Services - AO 03/14/2018 40.00
77521 Check 10134 - RAYNE OF SAN JOSE Water Service (FOOSP)03/14/2018 28.25
77555 Check 11829 - EDMONSTON, HAYLEY Meal Reimbursement for CCLT Conference 03/21/2018 19.65
77533 Check 10165 - UPS Shipping Radar Gun for Calibration 03/14/2018 18.67
77603 Check 10165 - UPS Shipping Charges-AO4 (Ship Radar Gun for Calibration)03/21/2018 17.84
77517 Check 10670 - O'REILLY AUTO PARTS Light Bulb (P97)03/14/2018 7.32
Grand Total 774,104.35$
*Annual Claims
**Hawthorn Expenses
CCIWS = Central California Invasive Weed Symposium MISAC = Municipal Information Systems Association of California
BCR = Bear Creek Redwoods LH = La Honda Creek PR = Pulgas Ridge SG = Saratoga Gap TC = Tunitas Creek
CC = Coal Creek LR = Long Ridge PC = Purisima Creek SA(U) = Sierra Azul (Mt Um) WH = Windy Hill
ECM = El Corte de Madera LT = Los Trancos RSA = Rancho San Antonio SR= Skyline Ridge AO2, 3, 4 = Administrative Office lease space
ES = El Sereno MR = Miramontes Ridge RV = Ravenswood SCS = Stevens Creek Shoreline Nature FFO = Foothills Field Office
FH = Foothills MB = Monte Bello RR = Russian Ridge TH = Teague Hill SFO = Skyline Field Office
FO = Fremont Older PIC= Picchetti Ranch SJH = St Joseph's Hill TW = Thornewood SAO = South Area Outpost
RR/MIN = Russian Ridge - Mindego Hill PR = Pulgas Ridge DHF = Dear Hollow Farm OSP = Open Space Preserve P## or M## = Patrol or Maintenance Vehicle
R-18-27
Meeting 18-13
March 28, 2018
AGENDA ITEM 3
AGENDA ITEM
Tunitas Creek Ranch Grazing Lease at Tunitas Creek Open Space Preserve
ACTING GENERAL MANAGER’S RECOMMENDATION
Adopt a resolution authorizing the Acting General Manager to enter into a five-year grazing
lease with a five-year extension with current tenant, Doug Edwards, at Tunitas Creek Ranch in
Tunitas Creek Open Space Preserve.
SUMMARY
For the past ten years, Midpeninsula Regional Open Space District (District) has leased Tunitas
Creek Ranch at Tunitas Creek Open Space Preserve (Preserve) to Doug Edwards for cattle
grazing (Attachment 1). Consistent with District Resource Management and Property
Management Policies, the Acting General Manager recommends adoption of a resolution by the
Board of Directors (Board) to execute a new long-term grazing lease with the operator to
continue the District’s conservation grazing program at the Preserve (Attachments 2 and 3). The
conservation grazing program serves as a tool to manage native grasslands and reduce wildland
fuel loads, and furthers the goals of the Coastal Service Plan by supporting sustainable
agriculture on the San Mateo County coast.
DISCUSSION
The Board approved the acquisition of the 707.48-acre Tunitas Creek Property from Peninsula
Open Space Trust on February 7, 2007 (R-07-19, Attachment 4). At the time of acquisition,
local rancher Doug Edwards was the grazing tenant on the property. Pursuant to the District’s
Coastal Service Plan, the District assumed the existing year-to-year lease. Service Plan
Permanent Policy PA.1 states, “When acquiring lands in agricultural use, the acquisition shall be
subject to continued use by the owner or operator until such time as it is sold or leased pursuant
to the use and management plan adopted for the property.”
On March 25, 2008, the Board adopted an amendment to the Preliminary Use and Management
Plan for the Preserve that incorporated a new Grazing Management Plan and awarded a five-year
grazing lease with a five-year option to Mr. Edwards (R-08-18, Attachment 5). The extended
term expired January 31, 2018.
Mr. Edwards was born and raised near Half Moon Bay on the San Mateo Coast. He followed his
father in the cattle industry and is a highly respected San Mateo County cattleman with more
than 20 years of ranching experience.
R-18-27 Page 2
Mr. Edwards has worked closely with the District to protect areas of sensitive habitat on Tunitas
Creek Ranch. He understands District policies and follows District guidelines, which include
halting mowing activities during the nesting bird season and allowing the District to survey
potential mowing areas to determine whether, when, and how mowing should proceed to avoid
impacts to natural resources. Mr. Edwards has made good progress on improving the grasslands
at Tunitas Creek Ranch through a methodical plan of coyote bush removal. He utilizes
mechanical brush removal followed by a replanting of approved grasses. Converting brush into
grassland prevents the loss of grassland habitat on the coast and provides cattle forage. Typically,
Mr. Edwards treats approximately 20 to 30 acres a year in this manner.
In the past, the Board has approved entering into a long-term lease with existing tenants in good
standing without issuing a request for proposals. As part of the management of grazing leases,
District staff utilize the following standards to evaluate grazing tenant performance:
• Rent paid on time
• Stayed within the acceptable range for Residual Dry Matter as prescribed in
Rangeland/Grazing Management Plan and lease
• Followed stocking rate guidelines
• Completed or made progress on annual work plans
• Refrained from performing unauthorized work
• Worked cooperatively with District staff to attain resource management goals
• Met District, local, state, or federal laws, regulations or policies
• Accommodates public use of the property (this property is closed to the public use
at this time)
Mr. Edwards has satisfactorily met the above listed performance standards, and the District’s
land stewardship and sustainability goals with respect to Tunitas Creek Ranch. As such, Mr.
Edwards is deemed a tenant in good standing. Continuing the conservation grazing program on
this property under a lease to Mr. Edwards is the most efficient way to achieve the District’s
resource management goals to protect grassland habitat and native biodiversity, reduce wildland
fuel loads, and meet Coastal Service Plan commitments to support sustainable agriculture on the
San Mateo County coast.
FISCAL IMPACT
Sufficient funds remain in the Land & Facilities Department budget to cover the maintenance
costs associated with the recommendation during the remaining fiscal year, which are primarily
for chopping and/or raking of invasive coyote bush. Staff will request similar maintenance
budgets for future fiscal years. The lease will also generate income, which will fluctuate
depending on the current Animal Unit Month (AUM) price and the number and age of cattle on
the property.
FY2018-19 Budget Estimates
Rental income $2,850
Spraying/mowing expense $3,200
R-18-27 Page 3
BOARD COMMITTEE REVIEW
A Board Committee did not previously review this item.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act.
CEQA COMPLIANCE
This item is not a project subject to the California Environmental Quality Act.
NEXT STEPS
If approved, the Acting General Manager would sign a five-year cattle grazing lease with a five-
year option, for a total not to exceed ten years, with Doug Edwards, provided Mr. Edwards has
met all District requirements, including appropriate insurance certificates and endorsements.
Attachments
1. Location Map
2. Resolution Approving the Award of a Grazing Lease to Doug Edwards (Tunitas
Creek Ranch, Tunitas Creek Open Space Preserve)
3. Tunitas Creek Ranch Grazing Lease
4. Board Report R-07-19
5. Board Report R-08-18
Responsible Department Head:
Elaina Cuzick, Acting Land & Facilities Services Manager
Prepared by:
Susan Weidemann, Property Management Specialist II
HALF MOON BAY
Tunitas
Cre e k R oad
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M A D E R A C R E E K
O P E N S PA C E
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S PA C E P R E S E R V E
P U R I S I M A C R E E K
R E D W O O D S O P E N
S PA C E P R E S E R V E
T U N I TA S C R E E K
O P E N S PA C E
P R E S E R V E
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Midpeninsula Regional
Open Space District
(MROSD)
March 2018
Tunitas Creek Ranch
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Private Property
While the District strives to use the best available digital data, these data do not represent a legal survey and are merely a graphic illustration of geographic features.
Watershed Land Non MROSD Conservation
or Agricultural Easement
Tunitas Creek Ranch
Area of
Detail
Palo Alto
Los Altos
Half Moon Bay
Redwood City
La Honda
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ÄÆ84
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ÄÆ92
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Other Protected Lands
Land Trust
Other Public Agency Non-MROSD Easement Over Water
Golden Gate
National
Recreation Area
Attachment 1
Attachment 2
Resolutions/2018/R-18-__TunitasCreekLease 1
RESOLUTION 18-__
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING
THE AWARD OF A GRAZING LEASE TO DOUG EDWARDS (TUNITAS
CREEK RANCH, TUNITAS CREEK OPEN SPACE PRESERVE)
WHEREAS, the Midpeninsula Regional Open Space District (District) may, under the
provisions of California Public Resources Code section 5540, lease property owned by the
District; and
WHEREAS, the lease of the Tunitas Creek Ranch for grazing and range management
purposes is compatible with park and open space purposes, and the lease of such premises is in
the public interest; and
WHEREAS, the District wishes to renew its lease of the Tunitas Creek Ranch to Doug
Edwards on the terms hereinafter set forth.
NOW, THEREFORE, the Board of Directors of Midpeninsula Regional Open Space
District does hereby resolve as follows:
1. The Grazing Lease between the Midpeninsula Regional Open Space District and Doug
Edwards, a copy of which is attached hereto and incorporated herein by this reference, is
approved.
2. The General Manager is authorized to execute the Grazing Lease on behalf of the
District. The General Manager, with the concurrence of the General Counsel, is
authorized to make minor changes to the Grazing Lease that do not materially amend the
terms and conditions thereof.
3. The General Manager is authorized to grant an extension of the Grazing Lease on the
terms and conditions set forth in the Grazing Lease. The General Manager shall report
any such extension of the Grazing Lease to the Board of Directors at the Board meeting
immediately following the granting of the extension. The General Manager or designee
is further authorized to sign and approve all other documents necessary or appropriate to
entering into the Grazing Lease.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on ______, 2018, at a regular meeting thereof, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Resolutions/2018/18-__RenewTunitasCreekLease 2
ATTEST: APPROVED:
Secretary
Board of Directors
President
Board of Directors
APPROVED AS TO FORM:
General Counsel
I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify
that the above is a true and correct copy of a resolution duly adopted by the Board of Directors
of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly
held and called on the above day.
District Clerk
GRAZING LEASE
between
MIDPENINSULA REGIONAL
OPEN SPACE DISTRICT
Lessor
And
DOUG EDWARDS
Lessee
With respect to the following property
TUNITAS CREEK RANCH
A portion of
TUNITAS CREEK OPEN SPACE PRESERVE
Effective Date
APRIL 1, 2018
Attachment 3
2
GRAZING LEASE
TUNITAS CREEK RANCH GRAZING UNIT
TUNITAS CREEK OPEN SPACE PRESERVE
1. RANGELAND MANAGEMENT PLAN…………………………………..... 4
2. PREMISES……………………………………………………………………. 4
3. TERM…………………………………………………………………………. 5
4. RENT………………………………………………………………………….. 6
5. TAXES………………………………………………………………………… 8
6. ANNUAL GRAZING CAPACITY AND GRAZING
SEASON DETERMINATION.................................................................... 8
7. ANNUAL STOCKING AND WORK PROGRAM………………………… 10
8. LIVESTOCK………………………………………………………………….. 11
9. USE OF PREMISES…………………………………………………………. 11
10. MAINTENANCE OF IMPROVEMENTS………………………………… 13
11. ALTERATIONS…………….………………………………………………. 13
12. ENTRY AND INSPECTION BY DISTRICT………………………….….. 13
13. COMPLIANCE WITH LAW………………………………………………. 13
14. DISTRICT RIGHT TO TERMINATION FOR
BREACH OR DEFAULT………………………………………………… 13
15. TENANT RIGHT TO TERMINATE……………………………………… 15
16. SURRENDER OF PREMISES…………………………………………….. 16
17. ASSIGNMENT AND SUBLETTING……………………………………… 16
18. INDEMNIFICATION………………………………………………………. 16
19. INSURANCE………………………………………………………………… 16
20. ABANDONMENT…………………………………………………………… 16
21. WAIVER OF RELOCATION BENEFITS………………………………… 17
22. UTILITIES…………………………………………………………………… 17
23. NO RIGHT TO REPAIR AND DEDUCT…………………………………. 17
24. GENERAL PROVISIONS………………………………………………….. 17
Attachment 3
3
SUMMARY OF GRAZING LEASE TERMS
This is a summary (“Summary”) of the principal terms and conditions of the Grazing Lease. Each item
below shall be deemed to incorporate all of the terms and conditions set forth in the Grazing Lease
pertaining to such item. In the event of any conflict between the information in this Summary and any
more specific provision of the Grazing Lease, the more specific Grazing Lease provision shall control.
Landlord: Midpeninsula Regional Open Space District
Acres: 707 Gross Acres excepting the District owned residence and yard area
around it.
Tenant: Doug Edwards
Term: Five (5) year Initial Term commencing April 1, 2018
(“Commencement Date”)
Grazing Season: Annual (Annual adjustments pursuant to Section 6)
Grazing Capacity: 489 AUMs (Annual adjustments pursuant to Section 6)
Permitted Use: Cattle grazing and authorized adjunct activities
Rent Payment Dates: Bi-annual payments on January 2nd and July 1st
District Contact Information: Tenant Contact Information:
Primary Contact: Property Management Primary Contact: Doug Edwards
Specialist II Tel: 650-245-6808
Tel: (650) 691-1200
Alternate: Skyline Area Superintendent Alternate Contact: Bob Edwards
Tel: (650) 949-1848 Tel: 650-726-0648
Notice Addresses of District: Notice Address of Tenant:
Midpeninsula Regional Open Space District Doug Edwards
Attn: Property Management Specialist II P O Box 1112
330 Distel Circle Half Moon Bay, CA 94019
Los Altos, CA 94022
Attachment 3
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GRAZING LEASE
THIS GRAZING LEASE (“LEASE”) IS MADE BY AND BETWEEN THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT (“DISTRICT”) AND DOUG EDWARDS (“TENANT”) UPON
THE FOLLOWING TERMS AND CONDITIONS:
1. RANGELAND MANAGEMENT PLAN
District has prepared a grazing management plan for the Premises (“Rangeland Management Plan”),
incorporated herein by this reference as Exhibit A, and has provided Tenant with a copy of said Rangeland
Management Plan. Tenant hereby acknowledges receipt thereof. Tenant shall manage and use the Premises
throughout the Term in a good and proper manner, according to approved methods of range management
and grazing practice as more specifically set forth in the Rangeland Management Plan, and as may be
established and modified from time to time by District. The Rangeland Management Plan serves this Lease
as a management tool for developing and implementing range activities in accordance with and
complementary to the District’s overall land management, resource administration, public use, and other
open space policies, guidelines and goals. The Rangeland Management Plan may be amended by District
from time to time, with Tenant’s input, and any such amendment by District shall be effective upon thirty
(30) days written notice to Tenant thereof.
2. PREMISES
(a) Premises. District leases to Tenant, and Tenant leases from District, upon the terms and
conditions herein, gross acres less cited exceptions located in the Tunitas Creek Open
Space Preserve, San Mateo County, CA (“Premises”) as depicted in Exhibit B attached hereto.
(b) Reserved Rights. Tenant's use of the Premises is subject to all existing easements, servitudes,
leases and rights of way for ditches, levees, roads, public utilities, pipelines and any other
purposes, whether of record or not, and including the right of District to authorize its directors,
officers, employees, agents, and volunteers to use the Premises for District purposes. District
reserves the right to use the Premises for all public open space purposes, including but not
limited to, natural resource restoration and management, natural resource monitoring, road
grading, mowing, plowing, seeding, fertilizing, prescribed burning and performing any other
appropriate or customary seasonal work. District further specifically reserves the right to make
use of all roads and trails on the Premises for patrol, maintenance and such other uses as
District may reasonably desire to make of such roads or trails. District also reserves the right
to make the Premises open to the general public for low intensity open space recreation, subject
to reasonable restrictions as determined by District, and including the right to construct trails,
public trailhead facilities, and other facilities for such public use purposes.
(c) As Is Condition of Premises. District makes no warranties or representations to Tenant
concerning the suitability of the Premises for grazing purposes. Tenant represents and
warrants that Tenant has conducted a thorough and diligent inspection and investigation of the
Premises and the suitability of the Premises for Tenant’s intended use. Tenant is fully aware
of the needs of its grazing operations and has determined, based solely on its own inspection,
that the Premises are suitable for its operations and intended use. Tenant acknowledges, agrees
to, and hereby accepts, the Premises in their present condition, “AS IS, WITH ALL FAULTS”,
without representation or warranty of any kind, and subject to all applicable laws, statutes,
ordinances, rules and regulations governing the use, occupancy, management, operation and
possession of the Premises. Without limiting the foregoing, this Lease is made subject to any
Attachment 3
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and all covenants, conditions, restrictions, easements and other title matters affecting the
Premises, or any portion thereof, whether or not of record. Tenant acknowledges and agrees
that District, including without limitation its directors, officers, employees and agents, has not
made, and District hereby disclaims making, any representations or warranties, express or
implied, concerning (i) any title or survey matters affecting the Premises; (ii) the physical,
geological or environmental condition of the Premises including without limitation , and
notwithstanding any provisions of the Rangeland Management Plan, the availability,
suitability, sufficiency, or existence of any sources of water, livestock watering system, or
water rights of any kind; (iii) the present or future capacity or suitability of the Premises for
livestock grazing; (iv) the feasibility, cost or legality of constructing any improvements on the
Premises if required for Tenant’s use as permitted under this Lease; (v) the condition of any
fences, roads, gates or range improvements; or (vi) any other matter whatsoever relating to the
Premises or its use, including, without limitation, any implied warranties of fitness for a
particular purpose.
(d) Withdrawal of Premises. Pursuant to California Public Resources Code Section 5563,
District hereby reserves the right, at any time, to reduce the size of the Premises leased
hereunder, in whole or by any portion thereof. Should the District Board of Directors
(“Board”) determine to use such lands for park, open space or other District purpose
inconsistent with Tenant’s use, the Lease shall terminate as to those lands so identified.
District will notify Tenant of the tentative scheduling of any agenda item for Board
consideration to act under Section 5563, as to the Premises, no less than sixty (60) days in
advance of the meeting proposed for consideration of such an item. Should less than the entire
Premises be removed from the Lease pursuant to this Section, the animal unit months
(“AUM”), as hereinafter defined, and as permitted hereunder, and the corresponding rental
amount, shall be reduced proportionate to the reduction in the area, based on acreage and
grazing capacity, subject to the Lease. In the alternative, Tenant may elect to terminate the
Lease in its entirety and shall have no further rights or obligation hereunder except as to those
matters specifically identified as surviving such termination. In the event of such early
termination, Tenant’s sole claim against District shall be to a pro-rata refund of any grazing
rent actually paid in advance, if any such rent has been paid for the next lease year.
3. TERM
(a) Term. The Premises are leased for an initial five (5) year term (“Initial Term”) beginning
February 1, 2018 (“Commencement Date”) and expiring on January 31, 2023, unless extended
as provided for herein. Provided Tenant is in compliance with the terms, covenants, and
provisions of this Lease (including the Rangeland Management Plan), District may in its sole
discretion elect to extend the Lease for one additional five (5) year period (“Subsequent
Term”), for a maximum total Term of no more than ten (10) years, unless the Lease is
terminated by District or Tenant as otherwise provided for herein. The Subsequent Term shall
expire on January 31, 2028. Collectively, the Initial Term and Subsequent Term, if any, are
referred to herein as the “Lease Term”.
(b) Grazing Capacity and Grazing Season. The definition of the “Grazing Capacity” and the
“Grazing Season” for all purposes of this Lease is that set forth in Section 6 of this Lease.
Tenant will graze the Premises only during the Grazing Season and in compliance at all times
with the authorized Grazing Capacity. Tenant may go on to the Premises during other times
of the year (the “Off-Season”) to conduct activities reasonably related to permitted grazing,
including infrastructure maintenance and repair and related to such new leasehold
Attachment 3
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improvements as may be authorized in writing by District.
(c) Termination of Lease at End of Term. District or Tenant may terminate this Lease at the
end of the Initial Term, or at the end of any Subsequent Term, if District or Tenant gives
written notice to the other party at least ninety (90) days prior to the Expiration Date of the
then effective Term. This right of termination is in addition to any and all rights of termination
by District or Tenant as set out herein.
(d) Possession. Tenant agrees that in the event of the inability of District to deliver possession of
the Premises at the Commencement Date, District shall not be liable for any damage caused
thereby nor shall this Lease be void or voidable, but Tenant shall not be liable for Rent (as
described hereunder) until such time as District offers to deliver possession of the Premises to
Tenant. The Term of the Lease shall not be extended by any such delay.
4. RENT
(a) Lease Year Rent. Each year during the Term, Tenant shall pay to District annual rent
(“Rent”) as payment for grazing on the Premises. Rent for the first year of the Initial Term is
the calculated as set forth in the Exhibit C. Rent shall be adjusted each lease year thereafter
(“Annual Adjustment of Rent”) as set forth below. Rent shall be payable in two lump sum
payments for the actual livestock use that occurs over the Grazing Season, and shall be paid
on or before the dates set forth in the Summary (“Rent Payment Date”) at the address shown
for District in the Summary. Rent shall be paid in advance without demand, deduction, offset
or counterclaim whatsoever, except as may otherwise be specifically permitted herein.
(b) Annual Adjustment of Rent. Rent shall be adjusted upward or downward for each lease year
depending upon the Grazing Capacity, Grazing Season, and per AUM rental rate as set out in
Exhibit C for the Premises, as determined by District prior to the beginning of the Grazing
Season, and on whether the average selling price of beef cattle is higher or lower than the
corresponding average selling price for the preceding lease year (“Rent Adjustment”). Tenant
shall be notified by the District on or before July 15th of each current lease year of the new per
AUM rental rate for the next Grazing Season. Rent Adjustments will be calculated pursuant
to the formula set forth in the Calculation of Annual Grazing Rent, attached hereto and
incorporated herein as Exhibit C of this Lease. Rent shall be due immediately following the
District’s notification of total amount due.
(c) Performance of Work for Rent Credit. Tenant may request permission from District to
improve grazing infrastructure and/or promote resource protection (“Work”) on the Premises,
in lieu of all or a portion of the Tenant’s annual Rent by the following procedures and subject
to the following conditions:
(i) Only Work that qualifies for Rent Credit as outlined in Exhibit D may be
submitted.
(ii) Prior to commencing any such Work, Tenant shall submit a written proposal
and schedule for completion of Work to District for approval and shall provide
an estimate of the value of such Work itemizing the estimated cost for outside
contractors, materials, labor, and equipment (Exhibit E).
(iii) The construction and installation of the improvements shall be in accordance
with District’s specifications and instructions. A biological monitor may be
required by District in its sole discretion to monitor Work in areas where sensitive
species may be affected.
(iv) District shall review such Tenant proposal and value estimate, and may elect,
in its sole discretion, to authorize the performance of such Work, or may counter
Attachment 3
7
the offer of Tenant, either as to the scope of Work or valuation thereof. If
acceptable to Tenant, District and Tenant may agree that such Work be performed
in lieu of all or a portion of Rent in the agreed-upon amount. Any such
authorization shall be in writing and signed by a duly authorized District
representative or shall be of no force and effect.
(v) In the event District approves specific Work to be performed by Tenant in
lieu of all or a portion of Rent, all such Work shall be performed in a timely and
professional manner, to the reasonable satisfaction of District.
(vi) Tenant acknowledges that any Work to be performed by Tenant in lieu of all
or a portion of Rent may trigger reporting requirements by the District under
federal and state tax law. Tenant agrees that Tenant is solely responsible for all
tax obligations, if any, arising from such payments or offsets, to whatever degree
required by state or federal law.
(vii) Tenant shall notify District upon completion of the authorized Work and
shall arrange for inspection of such Work by District. If District, after inspection,
accepts the Work as fully and correctly performed, it shall authorize, in writing,
that such Work be either substituted for all or a portion of Tenant’s Rent
obligations for the agreed upon amount. If District determines that the Work has
not been fully or correctly performed, it shall notify Tenant of the deficiencies
and Tenant shall have a reasonable period of time to correct the identified
deficiencies. Tenant shall thereafter notify District and request further
inspection.
(viii) Tenant shall not accept any federal cost-sharing payments, grants, or
donations for conservation practices that would result in a duplicate payment.
(ix) In any agreement entered into between Tenant and outside contractor(s), said
contractor shall act as an independent professional and not as an agent of the
District, and nothing contained in this agreement or any contractor agreement
shall create a contractual relationship between any contractor or subcontractor
and the District. Tenant shall obtain written permission from District prior to
retaining any contractor to perform work at the Premises. Tenant shall notify the
District at least seven (7) days prior to the commencement of said approved work
and immediately upon completion.
(x) Any and all work performed by Tenant or his or her agents and contractors
that requires a license shall be performed only by a qualified and appropriately
licensed professional as required by State law.
(xi) In no event shall credit for Work performed in lieu of Rent exceed the amount
of Rent due for the remainder of the then current Grazing Season and any excess
claimed may not be carried over or otherwise applied to rental obligations arising
thereafter. Should District terminate this Lease for any reason permitted
hereunder, District shall, prior to the full application of any such credit to Rent
due, reimburse Tenant for Work that was approved by District and correctly
performed by Tenant, provided that District’s termination of this Lease is not due
to a material default or breach of Tenant that results in a determination by a court
of competent jurisdiction that any such credit accrues to the benefit of the
District.
(d) Performance of Work as a Contractor. Tenant may request permission from District to
Attachment 3
8
improve grazing infrastructure and/or promote resource protection (“Work”) on the Premises
for direct compensation as a contractor by the following procedures outlined above in section
4(c) except as noted below.
(i) For performance of Work for compensation, Tenant is required to sign a
contract for the Work proposed with the District after the Work proposal has been
approved.
(ii) Tenant is required to provide any additional insurance as specified.
(iii) Compensation for said Work will be directly paid to the Tenant instead of in
lieu of all or a portion of Rent.
(iv) Tenant acknowledges that any Work to be performed by Tenant for
compensation may trigger reporting requirements by the District under federal
and state tax law. Tenant will be required to submit a W9 to the District. Tenant
agrees that Tenant is solely responsible for all tax obligations, if any, arising from
such payments or offsets, to whatever degree required by state or federal law.
(v) Nothing contained herein shall be construed to make Tenant an employee or
agent of District and Tenant shall be and remain an independent contractor.
(e) Late Charge. Any Rent received by District five (5) or more days past the Payment Date on
which such amount was due, shall be subject to a penalty of 10% of the amount due to District,
and Tenant shall pay such additional sum concurrently with the late payment.
(f) Livestock Lien. Tenant hereby acknowledges that all Rent not paid on a Payment Date set
herein shall become a lien on any and all livestock located on the Premises as authorized by
California Civil Code §3080, et seq., and District shall have the right to take possession and
retain all such livestock, without resort to additional legal proceeding, until all unpaid amounts
are satisfied in full.
5. TAXES
Tenant agrees to be responsible for, and to pay promptly when due, all possessory interest taxes and any
other such taxes that are assessed on the basis of this Lease or the grazing operations permitted hereunder.
Tenant shall pay any such possessory tax prior to delinquency thereof, and shall not be entitled to offset the
amount of such tax against Rent payable under this Lease. Taxes assessed on any personal property of
Tenant shall be solely the obligation of Tenant.
Tenant acknowledges that any rent offsets or compensation paid by other means for work done on the
property may trigger reporting requirements by the District under federal and state tax law, regarding such
payments or offsets credited to the Tenant. Tenant agrees to provide any information required about the
business structure under which Tenant operations to assist the District in determining its tax reporting
obligations. Tenant agrees that Tenant is solely responsible for all tax obligations, if any, arising from such
payments or offsets, to whatever degree required by state or federal law.
6. ANNUAL GRAZING CAPACITY AND GRAZING SEASON DETERMINATION
(a) Definition of Grazing Capacity. Grazing capacity, for all purposes herein, is the level of
livestock use allowed on the Premises consistent with forage production, resource
conservation, and open space preservation objectives (the “Grazing Capacity”). The unit of
measure of Grazing Capacity shall be the animal unit month (“AUM”), defined herein as the
amount of forage, equivalent to 1,000 pounds of dry, herbaceous plant material, necessary to
Attachment 3
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sustain a mature cow for a period of one month. District shall regulate the kind and number
of livestock and the amount of time the Premises are grazed by same, to assure conformity to
Grazing Capacity estimates.
(b) Procedure for Establishing Annual Grazing Capacity and Grazing Season. The Grazing
Capacity and Grazing Season for the Premises for the first lease year is that set forth in the
Summary. The procedure for establishing the Grazing Capacity and Grazing Season thereafter
shall be:
(i) District shall conduct an annual range assessment of the Premises to identify
areas District considers suitable for grazing and to estimate the available forage
production for the forthcoming lease year. Tenant will be provided an
opportunity to participate in this annual range assessment.
(ii) Residual Dry Matter (RDM) targets described in Section 6(f) herein shall be
subtracted from the estimated total amount of available forage within the
Premises to determine how much forage is available for livestock to consume in
an average year, a wet year, and a dry year. The District’s determination of
Grazing Capacity and corresponding Grazing Season for the Premises shall be
based upon the estimated forage production in an average rainfall year and may
be subject to change by District.
(iii)Prior to November 15th of each year, District shall notify Tenant in writing of the
authorized Grazing Capacity and Grazing Season for the Premises for the
forthcoming lease year. The notice shall set forth any required changes to
Tenant’s range management methods or grazing practices in accordance with the
Rangeland Management Plan, and shall also list any natural resource
management or other range or open space management activities appropriate for
the Premises during the forthcoming lease year from which Tenant may propose
to do Work, as defined in Section 4(c) and 4(d).
(iv) Subject to the provisions of Section 6(c) through 6(e) below, the authorized
Grazing Capacity for the Premises shall remain the same throughout the lease
year.
(c) District as Sole Judge of Grazing Capacity and Grazing Season. At all times District shall
be the sole judge as to the Grazing Capacity and Grazing Season of the Premises and any
pasture thereof. In determining the Grazing Capacity and Grazing Season of the Premises or
any pasture thereof, District may take into account, by way of example only and without
limitation thereby, such factors as erosion control, re-forestation, native and invasive
vegetation, water quality, fisheries, wildlife, recreation or any other conditions that may affect
the use, operation, and conservation of the District’s lands for open space purposes.
(d) Emergency Reduction of Grazing Capacity. At any time and from time to time, District
may reduce the authorized Grazing Capacity or Grazing Season or impose a full or partial
grazing moratorium in the District’s discretion when such action is necessary or appropriate
due to an emergency that poses a threat to the physical or environmental condition of the
Premises. Written notice of any such reduction will be given by District to Tenant, who shall
have ten (10) days in which to implement the reduction. In implementing such reduction,
Tenant may either (i) reduce animal numbers, or (ii) feed weed-free hay of good quality at the
equivalent of three (3) AUMs per ton fed. In the event Tenant desires to use option (ii), Tenant
shall first obtain District’s written approval. In giving such approval, District may require
Tenant to concentrate all or part of the livestock into selected areas for feeding and control. In
Attachment 3
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the event of such reduction, the Rent shall be adjusted pursuant to Section 4(b) hereof.
(e) Exceeding Grazing Capacity without Authorization. Tenant shall limit the number of
livestock to be grazed upon the Premises and the period of use so that the authorized number
of AUMs is not exceeded. Should the Premises, or any portion thereof, unintentionally be
grazed in excess of the authorized number of AUMs, Tenant shall immediately remove all or
such number of livestock as are necessary to comply with the Grazing Capacity authorized by
District. In addition to all other rights which District may have or exercise under this Lease,
in the event that Tenant grazes the Premises in excess of the authorized Grazing Capacity, the
charge per AUM shall be three (3) times the annual Rent provided for in this Lease for each
AUM or portion thereof grazed in excess of said authorized number, for any length of time,
such amount being hereby agreed upon as the liquidated minimum damages to District from
such excess usage and District shall be entitled to prove and be awarded any greater damage
amount, or other relief sought, by a court of competent jurisdiction. Tenant shall pay such
amount to District promptly upon demand.
(f) Minimum Residual Dry Matter (RDM) Requirements. Residual dry matter (“RDM”), as
used herein, is a measure of the amount of dry vegetation left on the ground, typically
measured at the end of summer or in the fall, prior to rainfall. The height in inches of standing
vegetation remaining on the ground is a general indicator of RDM levels; however the pounds
per acre measurement shall be used for the purposes of monitoring and enforcing minimum
RDM requirements. The District has set the following minimum RDM requirements for the
Premises depending upon average slope:
1) On 0% to 30% slopes, the average minimum RDM shall be 800 – 1,000 pounds per acre,
or approximately 2 to 3 inches of standing vegetation.
2) On slopes greater than 30%, the average minimum RDM shall be 1,200 pounds per acre,
or approximately 3 to 4 inches of standing vegetation.
A layer of RDM shall be maintained by Tenant throughout the Grazing Season to minimize
soil erosion and enhance both the quality and quantity of forage produced. Tenant and
District acknowledge that localized over-utilization will occur adjacent to watering facilities,
corrals, and salting areas. As such, these areas will not be used to determine the RDM levels
of a pasture. If the RDM levels drop below the amounts specified above, District shall notify
Tenant, and Tenant shall immediately remove all livestock from the affected pasture(s) until
such time as District determines that such pasture(s) have recovered sufficiently for
restocking.
7. ANNUAL STOCKING AND WORK PROGRAM
Tenant shall prepare an annual stocking and work plan (“Stocking and Work Program”) prior to the
beginning of each Grazing Season. No later than December 1st of each year, Tenant shall deliver to District
a proposed Stocking and Work Program, in a form substantially similar to the example attached hereto as
Exhibit F that shall include information on the number and type of all livestock proposed to be grazed upon
the Premises during the forthcoming Grazing Season. The Stocking and Work Program shall set forth the
number of AUMs to be stocked on each pasture, based on current forage conditions and the Grazing
Capacity and the forthcoming Grazing Season established by District, and shall specify all proposed
management activities related to herd health, pest control, infrastructure maintenance, and/or the
development of range resources that may be warranted for the conditions and circumstances on the
Attachment 3
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Premises. The range management work proposed by Tenant shall be in full conformance with the
Rangeland Management Plan. Within twenty (20) working days of receipt of the Stocking and Work
Program, District shall notify Tenant in writing whether it is acceptable. If unacceptable, District shall state
in its notice all changes to be made to the Stocking and Work Program. Tenant shall incorporate all changes
into the Stocking and Work Program and resubmit it to District for approval. For the length of the Grazing
Season, Tenant shall submit monthly stocking reports as outlined in Exhibit G.
8. LIVESTOCK
(a) Health of Livestock. Tenant covenants and warrants that all livestock on the Premises shall
be in general good health and physical condition and that they have been inoculated with all
appropriate vaccinations according to good husbandry practice.
(b) Outbreaks of Disease. Tenant shall immediately report to District and all proper
governmental authorities any case of infectious animal disease appearing in livestock on the
Premise, and shall, at Tenant’s sole cost, take all steps required to isolate, control, and
eliminate any such disease. Livestock exhibiting symptoms of disease communicable to
humans shall be immediately removed from the Premise.
(c) Livestock Identification. All livestock and their offspring shall be branded or marked with
the brand or mark of the Tenant. The District, under certain conditions, may require Tenant
to identify livestock with distinctive ear tags for to facilitate public or District personnel
reporting of any problem or aggressive livestock.
(d) Disposal of Livestock Carcasses. Tenant shall remove from the Premises, any livestock that
may die on the Premises. Tenant is strictly forbidden to bury livestock carcasses on any
District land. Tenant shall immediately notify District upon discovering any dead livestock
on or near the Premises.
9. USE OF PREMISES
(a) Tenant’s Permitted Use. Tenant may use the Premises for the uses specified in the Rangeland
Management Plan, and for no other purpose or use without the prior written consent of District,
the exercise of which shall be in its sole discretion. Livestock grazed on the Premises must be
either owned by the Tenant or grazed under the direct supervision of Tenant.
(b) Grazing Within Premises. Tenant shall, at all times, prevent livestock from trespassing onto
lands on which Tenant is not authorized to graze and adjacent third-party lands, whether
private or public. Notwithstanding the foregoing, nothing in this subsection (c) shall be
construed to require Tenant to install additional fencing on the Premises beyond that required
elsewhere in this Lease or by the Rangeland Management Plan.
(c) Supplemental Feeding. Subject to verbal authorization from the District’s Area
Superintendent or other authorized District representative, Tenant may provide supplemental
feed to maintain the health and vitality of permitted livestock. Tenant may not conduct
supplemental feeding on the Premises to prolong grazing use in areas where the forage levels
specified in the approved annual Stocking and Work Program have been reached or exceeded.
Any supplemental feed shall be certified to be free of non-native, invasive plant materials,
commonly known as “weed free” feed or forage.
(d) Motorized Vehicles and Heavy Equipment. Tenant acknowledges that use of roads and
vehicle accessible trails and areas of the Premises, both during and immediately following wet
weather carries the potential for serious degradation of road and ground surfaces, including
Attachment 3
12
but not limited to, rutting and erosion. Tenant shall refrain, to the maximum extent feasible
consistent with reasonable grazing practices, from using motorized vehicles on the Premises
during wet conditions. All motorized vehicle use by Tenant during wet conditions is restricted
to the use of balloon-tired, all-terrain vehicles. All motorized vehicles and equipment used by
Tenant on the Premises must be outfitted with appropriate spark arrestors and mufflers. No
heavy equipment, including, but not limited to bulldozers, backhoes, excavators, or trenchers
is allowed to cross or operate on the Premises without District’s prior written consent. District
may, in its sole discretion, close any or all roads, or promulgate and enforce use restrictions
on road use for resource management, erosion control, law enforcement purposes, or other
purposes necessary or appropriate for the sound management of the Premises, by providing
Tenant with prior written notice thereof.
(e) Weed and Pest Control. Except as set forth in Section 9(d) above, District will have the
right, but not the obligation, at its sole cost and expense, and in its sole discretion as to the
manner, time or extent of such efforts, for the control of noxious weeds and animal pests on
the Premises. Tenant shall fully cooperate with District in any programs designed to control
or eradicate weed and pest populations, including relocation of livestock if necessary. District
shall provide Tenant with at least 48 hours’ notice, verbal or written, prior to the
commencement of such control programs. Tenant shall not introduce any noxious vegetation
onto or about the Premises. In no event shall District be liable to Tenant for the presence or
introduction of noxious vegetation or animal pests on the Premises.
(f) Integrated Pest Management Program. Tenant, and any pest management contractors
operating on the leased property, shall comply with all requirements of the District’s
Integrated Pest Management (IPM) Program. These requirements include, but are not
limited to: using the least harmful method(s) to control identified pests, using only pesticides
on the current District Pesticide List, posting notifications of all pesticide applications one
day before treatment, leaving these postings for three days after treatment, and reporting all
pesticide use by staff or contractors. Tenant must obtain prior written authorization from
District before using any pesticide on the Premises.
(g) Hazardous Substances. Tenant is absolutely prohibited from transporting, mixing,
generating, applying, storing, or disposing of pesticides (including herbicides or rodenticides)
or any hazardous substances, except for equipment and vehicle fuel and fueling operations
typical for use in grazing operations, upon the Premises without the prior express written
consent of District. Fuel will be kept in properly sealed containers, suitable for the substance,
and all fuel transfer operations will be conducted with sufficient care and diligence to prevent
contamination of or on the Premises.
(h) Events. Tenant shall obtain a permit pursuant to District’s permit process for any event held
on the Premises for twenty (20) attendees or above.
(i) Unforeseen Circumstances. At any time, District may require Tenant to temporarily relocate
livestock, and/or temporarily cease grazing activities on a portion of the Premises if, in the
District’s discretion, such action is necessary or appropriate due to unforeseen circumstances
which pose a threat to the physical or environmental condition of the Premises. District will
notify Tenant at least seventy-two (72) hours previous to an action. In the event of such
reduction, the Rent shall be adjusted pursuant to Section 4(b) hereof.
(j) Cannabis. Cannabis shall not be cultivated, stored, transported, packaged or possessed
on District premises notwithstanding legality of cannabis within the local jurisdiction.
Attachment 3
13
10. MAINTENANCE OF IMPROVEMENTS
(a) Routine Maintenance. Tenant responsibilities for maintenance are outlined in Exhibit E.
Please refer to Section 4(c & d) for a full description of the requirements for either performance
of work for rent credit or direct compensation where applicable.
(b) Emergency Road Repairs. Tenant may perform limited emergency repairs to any road that
is impassable for uses authorized hereunder. Tenant must make a reasonable, good faith effort
to notify District prior to commencing emergency work undertaken pursuant to this section.
“Emergency” for purposes of this section shall mean imminent danger to the health or safety
of humans, the natural resource values of the Premises, water bodies or structures, or to
livestock permitted on the Premises hereunder. All emergency work undertaken pursuant to
this section shall be performed, to the maximum extent feasible, in a manner consistent with
District road repair standards. No material may be permitted to enter waterways. Tenant shall
be responsible for remediation of any emergency road repair work, as such may be ordered by
District or by lawful regulatory authority, including proper permitting, associated fees and
charges and for any fines levied. Tenant shall not be entitled to reimbursement or rent credit
for any such emergency repairs.
11. ALTERATIONS
Tenant agrees to obtain and fully comply with all applicable permits, authorizations, laws, ordinances, and
regulations, and to obtain the prior written consent of District before making any alterations of, changes
in, or additions to the Premises. All alterations, additions and improvements made in, to, or on the
Premises, except unattached, movable fixtures, are the property of the District and will remain upon, and
be surrendered with, the Premises upon termination of this Lease.
12. ENTRY AND INSPECTION BY DISTRICT
Tenant agrees that District and its directors, officers, employees, agents and authorized volunteers may
enter the Premises at any time to inspect the Premises, or to make any changes, alterations or repairs
which District in its sole discretion considers appropriate for the protection, improvement or preservation
of the Premises, and to post any notice provided for by law or otherwise to protect the rights of District.
Nothing herein contained shall be construed to obligate District to make any changes, alterations or
repairs to the Premises.
13. COMPLIANCE WITH LAW
Tenant will comply with all applicable laws, permits, statutes, ordinances, rules, governmental orders,
regulations, and requirements pertaining to the occupancy and use of the Premises, including without
limitation, District Land Use Regulations and District Ordinances (copy provided to Tenant). Tenant shall
not use, nor permit others to use, the Premises for any unlawful or prohibited purpose or purposes except
as may otherwise be specifically authorized hereunder.
14. DISTRICT RIGHT TO TERMINATION FOR BREACH OR DEFAULT
(a) District Right to Terminate for Default. District shall have the right to terminate this Lease
at any time upon default of this Lease by Tenant. In the event of such earlier termination by
District, Tenant shall be allowed thirty (30) days following the giving by District of written
Attachment 3
14
notice of termination to Tenant in which to vacate the Premises. In the event of such early
termination, Tenant’s sole claim against District shall be to a pro-rata refund of grazing rent
actually paid in advance.
(b) Default. The occurrence of any of the following shall constitute a material default under and
breach of this Lease by Tenant:
(i) Any failure by Tenant to pay the Rent or any other monetary sums required to be
paid hereunder (where such failure continues for three (3) business days after
written notice to quit or pay rent by District to Tenant).
(ii) The abandonment of the Premises by Tenant.
(iii) A failure by Tenant to observe and perform any other provision of this Lease to be
observed or performed by Tenant, where such failure continues for thirty (30) days
after written notice thereof by District to Tenant; provided, however, that if the
nature of the default is such that the same cannot reasonably be cured within said
thirty (30) day period, Tenant shall not be deemed to be in default if Tenant shall
within such period commence such cure and thereafter diligently prosecute the
same to completion.
(iv) The making by Tenant of any general assignment or general arrangement for the
benefit of creditors; the filing by or against Tenant of a petition to have Tenant
adjudged a bankrupt or of a petition for reorganization or arrangement under any
law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the
same is dismissed within sixty (60) days); the appointment of trustee or receiver to
take possession of substantially all of Tenant's assets located at the Premises or of
Tenant's interest in this Lease, where possession is not restored to Tenant within
thirty (30) days; or, the attachment, execution or other judicial seizure of
substantially all of Tenant's assets located at the Premises or of Tenant's interest in
this Lease, where such seizure is not discharged within thirty (30) days. Tenant
agrees that in the event of the occurrence of any of the above-specified
circumstances, this Lease, or any interest in or to the Premises, shall not become
an asset in any of such proceedings.
(c) Remedies. In the event of any material default or breach by Tenant, District may, at any time
thereafter, and without thereby limiting District in the exercise of any right or remedy, at law or
in equity, that District may have by reason of such default or breach:
(i) Maintain this Lease in full force and effect and recover the Rent and other
monetary charges as they become due, without terminating Tenant's right to
possession irrespective of whether or not Tenant has abandoned the Premises. In
the event District elects not to terminate the Lease, District shall have the right to
attempt to re-let the Premises at such rent and upon such conditions and for such a
term, and to do all acts necessary to maintain or preserve the Premises as District
deems reasonable and necessary without being deemed to have elected to terminate
the Lease, including removal of all persons and property from the Premises. Such
property may be removed and stored in a public warehouse or elsewhere at the cost
of and for the account of Tenant. In the event any such re-letting occurs, this Lease
shall terminate automatically upon the new Tenant taking possession of the
Premises, notwithstanding failure by District to elect to terminate the Lease
initially. District at any time during the Term of this Lease may elect to terminate
this Lease by virtue of such previous default of Tenant.
Attachment 3
15
(ii) Terminate Tenant's right to possession by any lawful means, in which case this
Lease shall terminate and Tenant shall immediately surrender possession of the
Premises to District. In such event District shall be entitled to recover from Tenant
all damages incurred by District by reason of Tenant's default, including without
limitation thereto, the following: (a) the worth at the time of award of any unpaid
Rent which has been earned at the time of such termination; plus (b) the worth at
the time of award of the amount by which the unpaid Rent which would have been
earned after termination until the time of award exceeds the amount of such rental
loss that is proved could have been reasonably avoided; plus (c) any other amount
necessary to compensate District for all the detriment proximately caused by
Tenant's failure to perform any obligations under this Lease or which in the
ordinary course of events would be likely to result therefrom; plus (d) at District's
election, such other amounts in addition to or in lieu of the foregoing as may be
permitted from time to time by applicable State law. Upon any such re-entry
District shall have the right to make any reasonable repairs, alterations or
modifications to the Premises, which District, in its sole discretion, deems
reasonable and necessary. As used in (a) above, the "worth at the time of award"
is computed by allowing interest at the rate of ten percent (10%) per annum from
the date of default. As used in (b), the "worth at the time of award" is computed
by discounting such amount at the discount rate of the U.S. Federal Reserve Bank
at the time of award plus one percent (1%). The term "Rent," as used in this
Section, shall be deemed to be and to mean the Rent to be paid pursuant to Section
4 hereof and all other monetary sums required to be paid by Tenant pursuant to the
terms of this Lease.
(d) Cumulative Rights. All rights, options and remedies of District contained in this Lease,
including but not limited to the rights set out in Section 2(d) herein, shall be construed and held
to be cumulative, and no one of them shall be exclusive of the other, and District shall have the
right to pursue any one or all of such remedies and any other remedy or relief which may be
provided for by law or in equity, whether or not stated in this Lease. No waiver of any default
of Tenant hereunder shall be implied from any acceptance by District of any Rent or other
payments due hereunder or any omission by District to take any action on account of such default
if such default persists or is repeated, and no express waiver shall affect defaults other than as
specified in said waiver. The consent or approval of District to or of any act by Tenant requiring
District's consent or approval shall not be deemed to waive or render unnecessary District's
consent or approval to or of any subsequent similar acts by Tenant.
15. TENANT’S RIGHT TO TERMINATE
If, after reviewing the average selling price of beef cattle for the month of June as set out in Exhibit C,
Tenant determines that the Rent for the subsequent lease year will not enable Tenant to conduct an
economically viable grazing operation, Tenant shall have the right to terminate this Lease, effective at the
Commencement Date of the next lease year, by providing written notice to District at the address shown on
the Summary on or before August 15th of any lease year. In the event of such earlier termination by Tenant,
Tenant shall be allowed ninety (90) days following the receipt by District of written notice of termination
by Tenant in which to vacate the Premises in conformity with this Lease. In the event of such early
termination, Tenant’s sole claim against District shall be to a pro-rata refund of any grazing rent actually
paid in advance, if any such rent has been paid for the next lease year.
Attachment 3
16
16. SURRENDER OF PREMISES
Tenant agrees that upon termination of this Lease to promptly surrender the Premises and all appurtenances
to District in the same condition as when received, reasonable use, wear and tear, damage by fire, acts of
God or nature are an exception, and to remove all of Tenant's livestock and personal property from the
Premises.
17. ASSIGNMENT AND SUBLETTING
Pursuant to the provisions of Civil Code §1995.230, this Lease is personal to Tenant and may not be
assigned, sublet or otherwise transferred by Tenant, in whole or in part, in any manner whatsoever without
first obtaining the express written consent of District which may approve or disapprove such assignment,
sublease or other transfer in its sole discretion based on its review and assessment of the proposed
transferee’s experience with grazing, especially on public lands, general business experience and financial
stability on a level comparable to that of Tenant, and proposed transferee’s ability to competently and timely
perform all aspects of the Rangeland Management Plan.
18. INDEMNIFICATION
Tenant agrees to indemnify, protect, defend, and hold District harmless from and against any and all
claims, losses, damages, demands, liabilities, suits, penalties, costs, expenses (including, without
limitation, attorneys' fees), causes of action, claims and/or judgments arising out of or arising in
connection with any injury or damage to any person or property including, without limitation, District and
its directors, officers, employees, agents volunteers, and guests from any cause or causes whatsoever
while in, upon or in any way connected with this Lease, the Premises, or its appurtenances during the
Term of the Lease.
19. INSURANCE
Tenant agrees to obtain, and keep in force during the term of the Lease, all at Tenant's own cost and expense,
a policy or policies of Commercial General Liability Insurance and Business Auto Coverage insurance,
each in an amount of not less than $1,000,000.00 aggregate and per occurrence or accident for all covered
losses. Such policy or policies shall name District as an additional insured, and evidence of such
endorsement, by a duly executed Certificate of Insurance (ACORD 25-S, or a successor or comparable
form, subject to prior approval by District) shall be provided District within ten (10) days of execution
hereof and shall be updated thereafter as necessary. Each of the policies must contain a provision that such
policy will not be cancelled or materially changed without thirty (30) days prior written notice to District.
Tenant shall also comply with all applicable statutory worker compensation requirements. Upon request
by District, Tenant shall direct his insurer or insurance agent to furnish District with a copy of any policy
required by this Lease, certified to be a true and complete copy of the original.
20. ABANDONMENT
Tenant shall be deemed to have abandoned the Premises if Tenant fails to pay any rental amount due District
at the times or in the manner provided, fails to observe and perform any of the other covenants or conditions
of this Lease, where such failure to observe or perform continues for a period of fifteen (15) days after
written notice by District to Tenant, or ceases active grazing use of the Premises for a continuous period of
sixty (60) days during a Grazing Season. In the event Tenant is deemed to have abandoned the Premises,
Attachment 3
17
any prepaid Rent shall belong entirely to District and shall not be refunded, in whole or in part, to Tenant.
21. WAIVER OF RELOCATION BENEFITS
Tenant specifically waives any and all rights to relocation benefits or assistance that might otherwise be
available to Tenant upon termination of this Lease (for any reason or under any circumstances) including,
but not limited to, those authorized under California Government Code §7260 et seq. or otherwise.
22. UTILITIES
District shall have no responsibility or liability of any kind with respect to any utilities that may be on or
about the Premises. Tenant shall have the sole responsibility to locate such utilities and to protect them
from damage. Tenant shall make all arrangements directly with utility companies for delivery, and shall
timely pay for any and all utilities and services furnished to or used by Tenant, including without limitation,
gas, electric, water and telephone service for all deposits, connection, installation and usage charges.
23. NO RIGHT TO REPAIR AND DEDUCT
No residential tenancy is created by or permitted hereunder, and Tenant expressly waives the benefit of any
existing, or subsequently enacted or set out, law, judicial or administrative decision, that might otherwise
permit Tenant to make repairs or replacements at District’s expense, or to terminate this Lease because of
District’s failure to keep the Premises, improvements, or any part thereof, in good order, condition and
repair, or to abate or reduce any of Tenant’s obligations hereunder on account of the Premises or
improvements or any part thereof being in need of repair or replacement except as is specifically authorized
pursuant to Section 4 (c & d) hereof. Without limiting the foregoing, Tenant expressly waives the
provisions of California Civil Code §1932 or any similar laws with respect to the right of Tenant to terminate
this Lease.
24. GENERAL PROVISIONS
(a) Amendments; Entire Agreement. Neither this Lease nor any term or provision hereof may
be changed, waived, amended, discharged or terminated except by a written instrument signed
by the Parties hereto or as otherwise permitted hereunder. This Lease, including the Exhibits
hereto, contains the entire agreement between the Parties and supersedes all prior written or
oral negotiations, discussions, understandings and agreements. The Parties further intend that
this Lease shall constitute the complete and exclusive statement of its terms and that no
extrinsic evidence whatsoever (including prior drafts of this Lease or the Rangeland
Management Plan and any changes therefrom) may be introduced in any judicial,
administrative or other legal proceedings involving this Lease. Tenant hereby acknowledges
that neither District, nor District’s directors, officers, employees or agents, have made any
representations or warranties with respect to the Premises or this Lease except as expressly set
forth herein, and no rights, easements or licenses are or shall be acquired by Tenant by
implication or otherwise unless expressly set forth herein.
(b) Severability. If any provision of this Lease or the application thereof to any person, entity or
circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or
the application of such provision to persons, entities or circumstances other than those as to
which it is invalid or unenforceable, shall not be affected thereby, and each other provision of
this Lease shall be valid and enforceable to the fullest extent permitted by law.
(c) Time. Time is of the essence to every term and condition hereof to which time is a material
factor.
Attachment 3
18
(d) Governing Law and Venue. This Lease shall be construed pursuant to California law and
proper venue for all purposes shall be in the County of Santa Clara.
(e) Attorneys’ Fees; Costs of Suit. If legal action shall be brought by either of the parties, the
party prevailing in said action shall be entitled to recover from the party not prevailing shall
bear the costs of the suit and reasonable attorney's fees. For purposes of this Lease, reasonable
fees of attorneys employed by District shall be based on the fees regularly charged by private
attorneys with an equivalent number of years of experience in the subject matter area of the
law and actively practicing within the jurisdiction of District.
(f) Holding Over. Tenant specifically waives the provisions of Code of Civil Procedure
§1161(2). Any holding over after expiration of the Term with the express written consent of
District shall be construed to automatically extend the Term of this Lease only on a month-to-
month basis. All other terms, conditions and covenants of the Lease shall remain in effect
during the hold over period so far as applicable.
(g) Notices. Wherever this Lease provides for notices between the parties, or wherever the law
requires or gives the right of serving a notice, the same shall be in writing and either served
personally or sent by registered or certified mail, postage prepaid and addressed to the
appropriate party as shown in the Summary. District and Tenant may at any time, in the
manner provided herein, change the place or person designated for receiving notice.
IN WITNESS WHEREOF the parties hereto subscribe their names.
DISTRICT: TENANT:
Ana M. Ruiz, Acting General Manager Doug Edwards
Date: Date:
Approved as to form: Attest:
____________________________________ ___________________________
Hilary Stevenson, Acting General Counsel Jennifer Woodworth, District Clerk
Date: _________________________ Date: ________________________
Attachment 3
EXHIBIT A
TO
GRAZING LEASE
Rangeland Management Plan
(under separate cover)
Attachment 3
20
EXHIBIT B
TO
GRAZING LEASE
PREMISES
Attachment 3
21
EXHIBIT C
TO
GRAZING LEASE
CALCULATION OF ANNUAL GRAZING RENT
The Lease Summary specifies the Rent to be paid by Tenant during the first lease year. For each lease
year thereafter, annual Rent shall be adjusted upward or downward based upon two factors:
1) The Grazing Capacity in AUMs authorized by District for the upcoming lease year.
2) An increase or decrease in the per AUM rental rate based upon whether the average
selling price of beef cattle is higher or lower than the average selling price for the
preceding year.
For the purpose of calculating the per AUM rental rate, the average selling price of beef cattle shall be
taken as the average selling price of Medium Frame No.1 Muscling Steers and Heifers, 500-800 lbs., as
reported by the Cattle Marketing Information Service, Inc. (Cattle-Fax) for the month of June prior to the
start of the new lease year. In the event that the average sales price of beef cattle is not obtainable in any
year from Cattle-Fax as now constituted, then the average sales price to be used in determining the rental
rate shall be obtained from some other authentic source to be selected by District as providing a
comparable price for this purpose.
EXAMPLE:
Assume the Grazing Capacity authorized by the District for the first lease year is as follows:
Property Name - xxx AUMs per month for x months (month - month) = xxx AUMS
Total Grazing Capacity = xxx AUMS
Per AUM Rent = $xx.xx
Rent for first lease year = xxx AUM X $xx.xx = $xx.xx
The total authorized AUMs for each upcoming lease year shall be established by the District on the basis
of the Grazing Capacity of the Premises as determined by District, and stocking levels shall be computed
by calculating the relative forage requirements of each of the kind or kinds of livestock intended to be
grazed on the Premises in any one grazing year, as expressed by the following conversion factors:
Attachment 3
22
Type of Livestock Animal Unit Months (AUMs)
Adult Cow with Calf up to 6 months old 1.00
Heifer or Steer, 2 years & older (1,000 lbs. or more) 1.00
Yearling to 2-year-old (750 to 1,000 lbs.) 0.75
Weaned Calf to Short Yearling (up to 750 1bs.) 0.50
Bull 1.00
Tenant shall use the Premises only for grazing the type of livestock permitted by District under the terms
of the Lease.
Attachment 3
23
Exhibit D:
Rangeland Management Activities and Responsibilities*
Rangeland Management Activities & Responsibilities:
Primary
Benefits:
Responsible Party:
Co
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v
a
t
i
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Li
v
e
s
t
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c
k
Pr
o
d
u
c
t
i
o
n
La
n
d
o
w
n
e
r
Livestock Operator
Standar
d Lease
Term
Potential
Fee
Credit
Or
Comp
A. Infrastructure for Grazing Management, Grazing
Operations, and Related Stewardship
Essential infrastructure: Access roads, culverts and road
drainage, related parking and turnaround areas, livestock
handling and staging facilities, fencing, gates, cattle-guards,
and watering system/facilities: stockponds, spring-boxes,
wells, pumps, tanks, troughs and hardware,
foundations/armoring of tank/trough sites, wildlife escape
ramps
1. Develop (new or replace) essential infrastructure
(see above) of adequate quality for a viable grazing
operation following the Rangeland Management Plan
(Repeat such development when each element has
exceeded its expected lifespan)
X X X X
2. Maintain and clean existing essential infrastructure
(see above) of adequate quality.
X X
3. Maintain stockponds for both watering and habitat X X X X
4. Clear blocked culverts and drainage dips on dirt
access roads.
X X X
5. Maintain primary and other useful dirt access roads X X X X
6. Replace or repair infrastructure damaged due to
vehicle accidents and vandalism.
X X X X
7. Replace or repair all damage to infrastructure
caused by livestock.
X X
B. Grazing Management and Operations
1. Maintain health of livestock, remove individual
animals deemed “problems” or diseased livestock
X X X
2. Supervise Livestock Operator’s employees and
subcontractors
X X
3. Gather and handle livestock X X
4. Move livestock to designated locations or otherwise
to achieve the specified grazing objectives, other than
for “targeted grazing” (refer to #C.2)
X X
5. Patrol to assess and respond to infrastructure and
resource conditions and livestock escapes
X X X
Attachment 3
24
Rangeland Management Activities & Responsibilities:
Primary
Benefits:
Responsible Party:
Co
n
s
e
r
v
a
t
i
o
n
Li
v
e
s
t
o
c
k
Pr
o
d
u
c
t
i
o
n
La
n
d
o
w
n
e
r
Livestock Operator
Standar
d Lease
Term
Potential
Fee
Credit
Or
Comp
8. Be available and conduct rapid response to
emergency requests for assistance and maintenance,
or general visitor assistance
X X X
9. Patrol for site security, notify Skyline Area
Superintendent of trespass activity
X X X X
C. Conservation Services (for general land care, support
of the land’s “ecosystem services,” and conservation
purposes)
1. Remove/clean-up abandoned fence, equipment,
trash, and debris
X X X
2. Conduct targeted grazing or exclusion for
maintenance and enhancement of special habitats
(special-status plants or animals, riparian woodland,
ponds, wetlands, native grasses, or oaks).
X X X
3. Control of invasive plant, reduction of fire hazards,
and other special resource projects; activities might
include herbicide application, construction, manual
work, and specialized equipment work
X X X X
4. Conduct other activities not part of a “normal”
grazing lease for regular or one-time purposes
(construction, manual work, and specialized equipment
work)
X X X
5. Participate in educational events and visitor relations
organized by the Landowner
X X X X
D. Monitoring
1. Work assigned to Livestock Operator (per Grazing
Management Plan, Resource Management Plan, and
Habitat Management Plan)
X X X
2. Work assigned to Landowner (per Grazing
Management Plan, Resource Management Plan, and
Habitat Management Plan)
X X X X
3. Make general “naturalist” observations of sightings of
unusual animals, plants, natural events (weather,
wildflower displays, wildfires, new pest plant
infestations, insect infestations, landslides, tree-falls,
high/low streamflow, etc.) or other things of interest,
and provide periodic reports
X X X
E. Administration and Coordination
1. Manage lease and operations activity X X X
Attachment 3
25
Rangeland Management Activities & Responsibilities:
Primary
Benefits:
Responsible Party:
Co
n
s
e
r
v
a
t
i
o
n
Li
v
e
s
t
o
c
k
Pr
o
d
u
c
t
i
o
n
La
n
d
o
w
n
e
r
Livestock Operator
Standar
d Lease
Term
Potential
Fee
Credit
Or
Comp
2. Maintain appropriate insurance for liability and
workers compensation
X X
3. Manage Livestock Operator personnel X X
4. Coordinate with Landowner representative X X X X
5. Propose stewardship activities and negotiate lease
fee credit for those activities; prepare and review
annual and monthly stewardship work plans and
progress reports
X X X X
6. Project management and contract administration X X X X
7. Participate in administrative meetings with
Landowner to review monitoring results, including
compliance with lease and Landowner management
plans; review and recommend minor adjustments to
management activities as well as adaptations to the
formal management plans; plan subsequent year; and
complete required reports and other communications
X X X X
8. Consult to Landowner as requested on grazing
management, operations, infrastructure, planning,
monitoring, and conservation issues
X X X
* Thanks to Larry Ford and Sheila Barry (with contributions from D. Sweet, P. Van Hoorn, and M. Swisher) for the foundation information for this Rangeland
Management Activities and Responsibilities table as originally noted in their “Rangeland Management Activities by Livestock Operators and Landowners for
Grazing Leases of Conservation Lands” work.
Attachment 3
26
EXHIBIT E
TO
GRAZING LEASE
PROPOSED WORK FOR RENTAL CREDIT OR AS A CONTRACTOR
Date Submitted: Proposed Date of Completion:
(please attach a schedule)
Tenant:
Grazing Property (ex. Big Dipper):
Project Description:
Outside Contractor(s) (a copy of the contractor’s bid):
Total Estimated Contractor Costs:
Materials (include itemized list of materials needed to complete the project
and their cost; attach additional page(s), if necessary):
Total Estimated Materials Costs:
Labor (include name(s) of person(s) contributing labor, their estimated time
involved in the project, and their cost per hour per day):
Total Estimated Labor Cost:
Rental Equipment (include type of equipment needed, estimated rental time,
and cost per hour or day, include hourly rate of equipment operator if this is a
separate expense):
Total Estimated Rental Equipment Cost:
Total Estimated Project Cost: ___________
Attachment 3
27
EXHIBIT F
TO
GRAZING LEASE
Annual Work & Stocking Plan
Location:
Grazing Season:
Tenant:
ANNUAL STOCKING PLAN:
Current Stocking Rate:
Proposed Stocking Rate:
Grazing Season Challenges:
Grassland Goals:
ANNUAL WORK PLAN:
Proposed Projects for Rental Credit:
Proposed Projects for Compensation:
Proposed Projects for NRCS funding:
Requested Projects for District funding:
Proposed Schedule for Improvements:
Attachment 3
28
EXHIBIT G
TO
GRAZING LEASE
Monthly Stocking Report
Reporting Period:
Grazing Season AUM Rate:
Date in Date out No. of Livestock Type of Livestock Days on Pasture
________________________________________________________________________
Totals
Attachment 3
R-08-40
Special Meeting 08-08
March 25, 2008
AGENDA ITEM 2
AGENDA ITEM
Authorization to Amend the Preliminary Use and Management Plan for the Tunitas Creek Open
Space Preserve to Incorporate a Grazing Management Plan; Authorization to Award a Grazing
Lease for the Tunitas Creek Grazing Unit
GENERAL MANAGER’S RECOMMENDATIONS
1. Determine that the project is categorically exempt from the California Environmental
Quality Act (CEQA), based on the findings contained in this report.
2. Adopt an amendment to the Preliminary Use and Management Plan for the Tunitas Creek
Open Space Preserve to incorporate a Grazing Management Plan.
3. Approve the attached Resolution authorizing the General Manager to award a five-year
grazing lease to Doug Edwards for the Tunitas Creek Grazing Unit on the terms and
conditions set forth in the attached Grazing Lease.
BACKGROUND
The District purchased the former Peninsula Open Space Trust (POST) Tunitas Creek property
in February 2007. The District Board of Directors designated the property as the Tunitas Creek
Open Space Preserve, and adopted a Preliminary Use and Management Plan for this newest
addition to the District’s open space preserve system. POST had leased a portion of the property
to local grazing operator Doug Edwards on a year-to-year basis beginning in July 2005. This
grazing lease was assigned to the District at the time the District purchased the property. Under
the terms of the existing lease, Mr. Edwards has been running a year-round cow-calf operation
on approximately 262 acres of grassland and shrubland areas suitable for cattle grazing (referred
to in this report as the Tunitas Creek Grazing Unit).
COASTSIDE PROTECTION PROGRAM PROCESS
The Tunitas Creek Open Space Preserve is located within the Coastside Protection Area. The
San Mateo County coastal annexation process, the District’s Service Plan for the Coastside
Protection Area and subsequent conditions approved by the San Mateo County Local Area
Formation Commission (LAFCo) established a number of policies and procedures for
implementing the District’s Coastside Protection Program. The Program now guides the
District’s purchase, use, and management of open space land within the Coastside Protection
Area. The Program requires consultation with interested public agencies, officials,
organizations, and community interest groups to solicit input into the decision-making and
Attachment 4
R-08-40 Page 2
planning process prior to the Board’s consideration of significant decisions regarding use or
improvements on District-owned lands within the Coastside Protection Area.
The continuation of grazing on the Tunitas Creek property was first considered and discussed
during several consultations held in early 2007 at the time of the District’s proposed purchase.
These consultations included field visits and meetings with the San Mateo County Farm Bureau
and the San Mateo County Agricultural Advisory Committee, as well as a coastside meeting of
the District Board’s Real Property Committee.
More recently, the District Board’s Use and Management Committee held a meeting on site to
review the proposed Grazing Management Plan and solicit comment from neighbors and
interested parties. This meeting was held on August 30, 2007, after notice was distributed to
property owners of land located adjacent to or surrounding the Tunitas Creek Open Space
Preserve, Coastside public officials, community-interest groups, non-profit land trusts,
conservation-oriented organizations, elected officials, government agencies, and government-
sponsored organizations within the Coastside Protection Area. Thirteen members of the
community attended the committee meeting, which was convened at the District’s Skyline Area
Field Office and continued with a site visit to Tunitas Creek Open Space Preserve. Staff
reported on the history of the property and the details of the Grazing Management Plan, and
gathered comments from the committee and from the public. District staff has also reported on
the proposed Grazing Management Plan and grazing lease as an informational item at recent
meetings of the Farm Bureau on March 3, 2008 and Agricultural Advisory Committee on March
10, 2008.
AMENDMENT TO PRELIMINARY USE AND MANAGEMENT PLAN
The proposed Grazing Management Plan for the Tunitas Creek Grazing Unit will be an
amendment to the Preliminary Use and Management Plan for the Tunitas Creek Open Space
Preserve, and will serve as the guiding document for grazing operations under the proposed
grazing lease. The Grazing Management Plan is an encompassing guide to conservation grazing
that is tailored to suit the management needs of the grazing unit (see attached Executive
Summary). The Plan was developed in consultation with the District’s grazing consultant Sage
& Associates, and is consistent with the District’s Grazing Management Policy. It includes
documentation of the natural resources of the site, an inventory and assessment of infrastructure
related to grazing operations, analysis of soils and rangeland productivity, and photo
documentation of baseline rangeland conditions. The Grazing Management Plan makes specific
recommendations for number, type, distribution, and movement of livestock within the grazing
unit, as well as the necessary infrastructure and equipment improvements to meet the District's
resource management goals.
The resource management goals for the Tunitas Creek Grazing Unit are to manage livestock
grazing in a manner that is compatible with public access, maintain and enhance the diversity of
native plant and animal communities, manage vegetative fuel for fire prevention, help sustain the
local agricultural economy, and foster appreciation for the region’s rural agricultural heritage.
Specifically, the Grazing Management Plan calls for a continuation of year-round cattle grazing,
rotating a yearly average of 41 cow-calf pairs or animal units through the existing pastures. A
Attachment 4
R-08-40 Page 3
number of rangeland infrastructure improvements are recommended, including upgrades to the
existing water developments on the property and maintenance of fencing.
The Grazing Management Plan includes a monitoring program to ensure rangeland uses are in
compliance with District resource management goals and with National Resource Conservation
Service and UC Cooperative Extension standards for rangeland habitat health. The monitoring
program includes an annual rangeland habitat health assessment.
Inclusion of the Grazing Management Plan within the Preliminary Use and Management Plan for
the Tunitas Creek Open Space Preserve would take effect upon approval by the District Board,
and would remain effective until the Preliminary Use and Management Plan is further amended,
or until a Comprehensive Use and Management Plan or Master Plan is developed.
GRAZING LEASE
Retention of Current Grazing Tenant
Staff recommends that the Board approve the award of a five-year grazing lease to the current
grazing tenant, Doug Edwards. Mr. Edwards is a local operator with years of experience and
familiarity with coastside ranching in San Mateo County. He has the necessary qualifications to
run a grazing operation consistent with the Grazing Management Plan and the District’s resource
management objectives. Further, the District’s Service Plan discourages displacing current
operators of agricultural lands purchased by the District provided that the operator has an interest
in staying on and a willingness to work with the District in running the operation in a manner
that supports the District’s public use and resource management goals.
Grazing Lease Terms and Conditions
The lease term is for five (5) years, extendable for an additional five (5) years at the District’s
election, if the tenant is willing, on the terms and conditions set forth in the grazing lease. The
effective date of the grazing lease will be retroactive to February 1, 2008. Annual rent under the
existing grazing lease assigned to the District is a nominal $384.00. First year rent under the
new lease will be adjusted upward to a market rate of $1,900.00 based upon a grazing rent
market analysis conducted by District staff. Rent will be adjusted annually thereafter to reflect
any changes in authorized grazing capacity as well as fluctuations in the market price of beef
cattle from year to year. Rent credit for performance of work by the tenant may be granted on a
case-by-case basis for improvements to the ranch infrastructure, such as improvements to the
cattle watering system. The tenant is responsible for routine maintenance of the existing ranch
infrastructure. The District is responsible for overseeing the maintenance of interior ranch roads
to a District standard.
The grazing unit will be operated on a year-round basis. The length of the grazing season and the
authorized grazing capacity may be modified at any time in consultation with the tenant and
depending on changes in range conditions. The tenant is required to manage and operate the
grazing unit according to the prescriptions and range management practices set forth in the
Grazing Management Plan.
Attachment 4
R-08-40 Page 4
CEQA COMPLIANCE
Project Description
The project consists of amending the District’s Preliminary Use and Management Plan for the
Tunitas Creek Open Space Preserve to allow for the continuation of cattle grazing under specific
prescriptions and range management practices set forth in a Grazing Management Plan, by award
of a five-year lease to the current grazing tenant. In addition to maintaining existing ranch
infrastructure including fencing and stockwatering facilities, the Grazing Management Plan calls
for minor improvements to the stockwatering system to ensure a more dependable water supply
throughout the property to aid in the distribution of cattle, improve the existing water supply, and
provide wildlife-friendly watering facilities.
CEQA Determination
The District concludes that this project will not have a significant effect on the environment. It is
categorically exempt from the California Environmental Quality Act (CEQA) under Article 19,
Sections 15301 and 15304 of the CEQA Guidelines as follows:
Section 15301 exempts the operation, repair, maintenance, leasing, or minor alteration of
existing structures, facilities, or topographical features not expanding existing uses. The
proposed Preliminary Use and Management Plan amendment and Grazing Lease represent a
continuation of ongoing cattle grazing on the property with negligible or no expansion of use.
Section 15304 exempts minor alterations in the condition of land, water, or vegetation that do not
affect sensitive resources. Agricultural property alterations or maintenance may result from the
project, but these are minor in nature and will not affect sensitive resources.
PUBLIC NOTIFICATION
Written notice of the public meeting at which the District Board of Directors will consider this
item has been sent to property owners of land located adjacent to or surrounding the Preserve, as
well as to Coastside public officials, community interest groups, nonprofit land trusts,
conservation oriented organizations, elected officials, government agencies, and government
sponsored organizations within the Coastside Protection Area.
Report prepared by:
Michael Reeves, Real Property Specialist
Stella Cousins, Open Space Planner I
Sandra Sommer, ASLA, AICP, Senior Real Property Planner
Maps prepared by:
Contact Person:
Michael Reeves, Real Property Specialist
Attachments:
- Grazing Management Plan Executive Summary – Tunitas Creek Open Space Preserve
- Grazing Lease for the Tunitas Creek Grazing Unit
Attachment 4
RESOLUTION NO. 08-____
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
APPROVING THE AWARD OF A GRAZING LEASE TO DOUG EDWARDS
(TUNITAS CREEK OPEN SPACE PRESERVE)
The Board of Directors of the Midpeninsula Regional Open Space District does resolve
as follows:
Section One. The District may, under the provisions of Section 5540 of the Public
Resources Code, lease property owned by the District, and the Board of Directors hereby finds
that the lease of a portion of the Tunitas Creek Open Space Preserve for grazing and range
management purposes is compatible with park and open space purposes, and finds the lease of
such premises (referred to as the Tunitas Creek Grazing Unit) to be in the public interest on the
terms hereinafter set forth.
Section Two. The Board of Directors does hereby approve the Grazing Lease between
the Midpeninsula Regional Open Space District and Doug Edwards, a copy of which is attached
hereto and by reference made a part hereof, and does hereby authorize the General Manager to
execute said Grazing Lease on behalf of the District, said Grazing Lease to be effective as of
February 1, 2008. The General Manager, with the concurrence of the General Counsel, is
authorized to make minor changes to the Grazing Lease that does not materially amend the terms
and conditions thereof.
Section Three. The General Manager is authorized to grant an extension of the Grazing
Lease on the terms and conditions set forth in the Grazing Lease. The General Manager shall
report any such extension of the Grazing Lease to the Board of Directors at the Board meeting
immediately following the granting of the extension. The General Manager or the General
Manager’s designee is further authorized to sign and approve all other documents necessary or
appropriate to entering into the Grazing Lease.
* * * * * * * * * * * * * * * * * * *
Attachment 4
R-07-19
Meeting 07-03
February 7, 2007
AGENDA ITEM 2
AGENDA ITEM
Purchase of the Peninsula Open Space Trust (Tunitas Creek) Property as an Addition to the District’s
Open Space Preserve System, located in unincorporated San Mateo County at 330 Tunitas Creek Road,
Half Moon Bay (San Mateo County Assessor’s Parcel Numbers 066-260-040; 081-090-020, -040 and -
050)
GENERAL MANAGER’S RECOMMENDATIONS
1. Determine that the recommended actions are categorically exempt from the California
Environmental Quality Act (CEQA) as set out in this Report.
2. Adopt the attached Resolution authorizing the purchase of the Peninsula Open Space Trust
property and approving the related Assignment of Lease.
3. Adopt the Preliminary Use and Management Plan recommendations contained in this Report.
4. Designate the property as a new open space preserve named: “Tunitas Creek Open Space
Preserve.”
5. Indicate your intention to dedicate the property as public open space.
DISCUSSION
The 707.48-acre Peninsula Open Space Trust (POST) Tunitas Creek property is located within the
Coastside Protection Area, an area that was annexed into the District boundaries in 2004. As part of the
annexation process, the District prepared a Service Plan for the San Mateo Coastal Annexation Area and a
Final Environmental Impact Report that was approved by the Board of Directors on June 6, 2003. An
annexation application was then submitted to the San Mateo Local Agency Formation Commission
(LAFCo) and approved on April 7, 2004. The Coastside Protection Area, as the annexation area is
referred to, includes lands in the western portion of San Mateo County lying from south of the City of
Pacifica—generally between Skyline Boulevard and the Pacific Ocean—to the Santa Cruz County line.
As part of the annexation process, the Service Plan and subsequent conditions approved by LAFCo
established a number of policies and procedures for conducting the Coastside Protection Program.
Although the District would be authorized to purchase the POST property even if the Coastside Protection
Program had not been approved, that Program now guides the District’s purchase, use, and management
of open space land within this area. The proposed purchase of the POST property described in this
Report and the accompanying Preliminary Use and Management Plan is consistent with the policies and
procedures contained in the Coastside Protection Program. The following Report presents a description
of the subject property, future planning considerations, a Preliminary Use and Management Plan, and
environmental review of the project.
Attachment 5
R-07-19 Page 2
DESCRIPTION (see attached map)
The POST (Tunitas Creek) property encompasses 707.48 acres on the western slope of the Santa Cruz
Mountains in coastal San Mateo County. Located on Tunitas Creek Road two miles east of Highway 1
and eight miles south of Half Moon Bay, its gently rolling hills and ridges provide a transition between
flat coastal plain and steep upper mountain slopes. The property straddles the lower reaches of Durham
Ridge down to its toe at the confluence of Tunitas Creek and the East Fork of Tunitas Creek. An open
landscape of coastal scrub and grassland along Durham Ridge affords expansive coastal views along the
interior ranch roads. The property includes two and one-half miles of frontage along the main stem of
Tunitas Creek and the East Fork of Tunitas Creek, both providing spawning and rearing habitat for
steelhead trout, which is federally listed as a threatened species. The property also contains the lowest
elevation redwood grove in the Tunitas Creek watershed, including a number of old growth redwood
trees. The property has a history of agricultural use, including cattle grazing and dry land farming, and a
portion of the property is currently under lease by a local grazing tenant on a year-to-year basis. The
purchase of this land is most important in terms of protecting valuable habitat, watershed and scenic
resources while supporting environmentally sustainable agricultural use within the lower Tunitas Creek
watershed.
The property is not immediately adjacent to existing District lands, but is located within one-quarter mile
downstream of Purisima Creek Redwoods Open Space Preserve within the Tunitas Creek watershed. El
Corte de Madera Creek Open Space Preserve lies approximately one mile east of the property. Although
the property is not far from existing District lands, the future potential for connecting the property to
either open space preserve is unknown, and staff recommends designating the property as a new and
separate open space preserve. The potential for future trail connections linking this landscape to other
District lands is addressed in this report under Use and Management planning considerations.
A former ranch compound is located on the edge of the property along Tunitas Creek Road. Ranch
improvements include a residence that is believed to have been built sometime during the 1940’s, a
serviceable old barn and adjoining corral, and a number of outbuildings in poor repair. The residence has
been unoccupied since the El Niño winter storms of 1998 triggered a landslide that washed out a section
of the access driveway from Tunitas Creek Road and undermined the foundation of the residence. The
grazing tenant has reopened an old ranch road to provide an alternate access to the barn and adjoining
corral, which are currently in use as part of the grazing operation. Nearby springs that once supplied
water for the residence and ranch compound were damaged in the 1998 landslide, but have been partially
restored by the tenant to serve the grazing operation. Another spring located on the opposite side of the
ridge near the East Fork of Tunitas Creek currently is not in use. A dirt ranch road leads from the ranch
compound and up the ridge into the interior of the property where the majority of the pastureland is
found. A few ranch roads branch off of this primary road to provide access to other pastureland along the
ridge. Remnant sections of boundary and cross-fencing remain from a large fire that swept through the
area in the early 1960’s, and the grazing tenant has repaired and replaced fencing as needed to restrict
cattle movement to the ridge top pasturelands.
In recognition of the diverse habitat values to be found on the property, the California Department of
Parks and Recreation awarded the District a $462,500 Habitat Conservation Fund grant in support of this
proposed purchase.
USE AND MANAGEMENT PLANNING CONSIDERATIONS
The property is located within an unincorporated area of San Mateo County within the Coastal Zone. The
majority of the property, approximately 636 acres, is zoned PAD (Planned Agricultural District) and RM-
CZ (Resource Management-Coastal Zone). The remaining 72 acres is zoned TPZ-CZ (Timber Production
Zone-Coastal Zone). Pursuant to Government Code Section 65402, the San Mateo County Planning
Attachment 5
R-07-19 Page 3
Commission made a determination on December 13, 2006 that the District’s proposed purchase of the
POST Tunitas Creek property conforms to the County General Plan and Local Coastal Program.
Approximately 625 acres of the property are in an “agricultural preserve” subject to a Land Conservation
Agreement (Williamson Act contract) dated March 6, 1967 between San Mateo County and the
predecessor landowner. Pursuant to Government Code Section 51291, the District has notified the State
Department of Conservation (DOC) of the proposed purchase of land within an agricultural preserve.
According to an appraisal commissioned by the District, the property appears to have the potential for up
to five residential sites. However, subdivision and development of the property into several residential
sites would be difficult due to limiting physical characteristics and associated costs of extending a road
and other infrastructure into the interior of the property.
The District’s 1998 Regional Open Space Study and the San Mateo County Trails Plan show two
potential regional trails through the property. One potential trail connection would link the property with
El Corte de Madera Creek Open Space Preserve, the other with Purisima Creek Redwoods Open Space
Preserve. Although surrounding private land ownership and uses make both of these trail connections
unlikely in the immediately foreseeable future, the property could nonetheless form an important part of a
future trail system through the Tunitas Creek watershed linking the Bay Area Ridge Trail with the Coastal
Trail.
Coastside Protection Program Service Plan – Agricultural Land Use
The Coastside Protection Program requires that when agricultural land is purchased by the District, an
agricultural production plan will be developed as part of the Final Use and Management Plan. As a
portion of the property is currently in agricultural use and has historically been in agricultural use, the
Final Use and Management Plan will include an agricultural production element that will include an
evaluation of integrating livestock grazing into the overall resource management objectives for the
property. The property is not classified as Prime Agricultural Land, Unique Farmland, or Farmlands of
Statewide Importance as designated in the California Department of Conservation's Farmland Mapping
and Monitoring Program (FMMP). Portions of the property are designated as grazing lands under the
FMMP. While immediately adjacent properties are not in agricultural production, per se, the surrounding
area within the Tunitas Creek watershed supports cattle grazing and equestrian operations, among other
agricultural uses. Opportunities for managing the property through continued grazing are discussed
below.
Coastside Protection Program Service Plan – Coastside Consultation
The Coastside Protection Program requires consultation with interested public agencies, officials and
interested organizations to solicit input into the planning process prior to the Board’s consideration of
purchasing the property. The following consultations were conducted:
1. Farm Bureau – Staff conducted an on-site consultation with the San Mateo County Farm
Bureau staff on October 31, 2006. The Farm Bureau provided written comments following
the consultation, including an overview of historical agricultural use on the property,
recommended infrastructure improvements to enhance grazing potential, and
recommendations for structuring a grazing lease. Recommendations for improving ranch
infrastructure include assessing perimeter and cross fencing needs, looking into improving
existing springs and developing stock watering ponds, and conversion of brush land to
grassland. A minimum 5 year grazing lease with a 5 year extension option was
recommended, particularly if the grazing tenant will be involved in undertaking infrastructure
improvements. A periodic performance evaluation was also recommended to ensure that the
lease terms, including stocking rates and agreed upon infrastructure improvements, are being
Attachment 5
R-07-19 Page 4
accomplished so that the management goals of both the tenant and the District are being
achieved.
2. County Agricultural Advisory Committee – An on-site consultation was held with
members of the San Mateo County Agricultural Advisory Committee on November 3, 2006,
and the District’s proposed purchase was subsequently discussed at a November 13, 2006
meeting of the Committee. Comments received during the site visit and at the Committee
meeting centered on suggestions for fostering a stable grazing operation, including
establishing a long term lease arrangement, ensuring that the grazing management plan for
the property is economically feasible and practical for the grazing tenant, and supporting the
grazing tenant in addressing any infrastructure repairs or improvements that would help
ensure a viable grazing operation.
3. District Real Property Committee – The Board’s Real Property Standing Committee held a
meeting in Half Moon Bay on December 7, 2006 in order to acquaint the Committee with the
property and solicit public input on the proposed purchase from neighbors and interested
parties within the San Mateo County coastal community. Notice of the meeting was
distributed to adjacent property owners, coastside public officials, community interest groups,
nonprofit land trusts, conservation organizations, elected officials, government agencies, and
government-sponsored organizations within the Coastside Protection Area. Despite this
public notification and outreach effort, attendance was limited. However, the comments
received were helpful and specific in recommending ranch infrastructure repairs and
improvements to help support a viable and sustainable grazing operation.
All of the comments received as part of the consultation process will be used in developing the Final Use
and Management Plan. That process will also provide broad public notice and opportunities for
additional public input and participation.
Range Management
As noted above, POST has leased a portion of the property to a local cattle grazer for seasonal grazing on
a year-to-year basis. The grazing lease includes approximately 200 acres of grassland in the interior of
the property and along Durham Ridge where cattle grazing historically occurred. The lease includes
grazing management and fence maintenance prescriptions designed to protect sensitive resources such as
creeks and ensure that pastures are properly grazed. The current lease is up for renewal in July 2007, and
the District will assume the lease upon purchase of the property from POST. Continued grazing of the
property under District ownership would serve two important purposes under the Coastside Protection
Program: 1) it would serve as a useful grasslands management tool, and 2) it would support the continued
viability of the local agricultural economy. Staff anticipates that, upon purchase of the property from
POST, the District will seek to negotiate with the current tenant a renewal of the current year-to-year
grazing lease for a longer term in accordance with the Coastside Service Plan. The Draft Grazing
Management Policy will also be a useful tool in developing a longer term lease.
Structures and Roads
As noted earlier in this report, ranch improvements include a residence, barn, corral and a number of
outbuildings. A large and deep-seated landslide underlies the hillside and terraced bench on which the
residence is located. A landslide in 1998 seriously damaged the primary access driveway to the residence
from Tunitas Creek Road, and undermined the structural integrity of the residence. The residence has
been uninhabitable since that event. Staff consulted with an engineering geologist and a building
contractor to determine whether the driveway and residence were repairable. The residence is considered
a teardown due to extensive structural damage from the landslide and the need for very expensive
drainage improvements and deeply excavated engineered footings to support the structure. A residence in
this location would also require extensive driveway improvements to ensure year-round vehicular and
Attachment 5
R-07-19 Page 5
emergency access. The potential for future slide movement would likely preclude rebuilding the structure
at the current location. The abandoned residence also constitutes an “attractive nuisance” that has
suffered from incidences of trespass and vandalism. The residence is considered unnecessary for a viable
tenant grazing operation. Staff’s recommendation is that this structure be demolished and removed from
the site.
The barn appears to be structurally sound, and both it and the adjacent corral are useful to the current
grazing operation. The barn is in need of a new roof, and staff recommends replacing the roof after an
inspection to determine the structural integrity of the barn to see if there is a need for other structural
repairs. There are two dilapidated outbuildings near the barn that are in danger of collapsing and should
be removed. However, all of these buildings would be further inspected in order to assure staff that the
barn is viable for long-term use, and that the buildings to be removed do not provide any additional
habitat value.
As noted earlier, the main driveway leading from Tunitas Creek Road to the ranch compound was
damaged by landslides during the 1998 El Niño storm event. During the future planning process, staff
will evaluate repairing the driveway to a ranch standard in order to provide primary access for agricultural
use and District patrol and resource management purposes. The bypass road that was recently reopened
by the grazing tenant provides adequate access in the interim. Operations staff will work with the grazing
tenant to maintain the bypass road in a serviceable condition.
PRELIMINARY USE AND MANAGEMENT PLAN
The proposed Preliminary Use and Management Plan will take effect upon the close of escrow, and
remain in effect until a Final Use and Management Plan for the property is developed and adopted.
Within the Coastside Protection Area, the process for developing a Final Use and Management Plan
involves conducting detailed resource inventories to be used in formulating resource management and
public access plans; consultation with interested government officials, agencies and organizations; and an
extensive public input process. The Final Use and Management Plan will also be subject to additional
environmental assessment to ensure that land use decisions are consistent with ecological values.
The Preliminary Use and Management Plan represents a status quo approach to management, with an
emphasis on managing the property to support continued grazing in conformity with the provisions of the
Service Plan for the Coastside Protection Program:
Public Access: Closed to general public recreational access until resource inventories are completed, and
a Final Use and Management Plan is adopted.
Grazing Management: Work with current grazing tenant on extending the existing year-to-year lease with
a longer-term lease, if possible, and grazing management plan in accordance with the District’s Coastside
Service Plan. The Draft Grazing Management Policy will also be a valuable resource in structuring a
longer-term lease.
Resource Management: Conduct a detailed resource inventory as part of the process of developing a
Final Use and Management Plan.
Roads and Trails: Conduct a detailed road and trail assessment as part of the process of developing a
Final Use and Management Plan, including evaluating the feasibility of repairing the main driveway to a
“ranch standard” adequate to provide access for patrol, resource management and agricultural use
purposes. In the interim, maintain, and where necessary, improve the current bypass access road and the
interior ranch roads to provide access for patrol, resource management and grazing operations.
Attachment 5
R-07-19 Page 6
Structures: Remove the residence and outbuildings that are in a state of disrepair and unfeasible to restore
or stabilize. Obtain a building inspection of the barn, and undertake reasonable and necessary repairs,
including replacement of the roof, depending on long-term structure viability.
Cleanup: Remove debris in and around the ranch compound.
Site Safety Inspection: A site safety inspection has been conducted and there are no known safety
hazards on the site.
Barriers and Signage: Existing gates at entrance to property are adequate to control access and prevent
trespass. Install “Closed Area” signs and boundary plaques where appropriate.
Patrol: Regularly patrol the property utilizing existing seasonal roads.
Dedication: Indicate your intention to dedicate the property as public open space.
Name: Name the property the “Tunitas Creek Open Space Preserve.”
CEQA COMPLIANCE
Project Description
The project consists of purchasing a 707.48-acre property as an addition to the District’s open space
preserve system, and the concurrent adoption of a Preliminary Use and Management Plan for the
property. In the interim, prior to development of a Final Use and Management Plan, the current use of a
portion of the property for cattle grazing under an agricultural lease is anticipated. An existing barn will
be repaired and re-roofed, and an unoccupied and damaged farm house and dilapidated outbuildings will
be removed. Ultimately, a Final Use and Management Plan will be developed for the property. The land
will be permanently preserved as open space and maintained in a natural condition. It is anticipated that
the Final Use and Management Plan will continue appropriate agricultural use unless environmental
obstacles to such use exist.
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 as follows:
Section 15301 exempts operation, repair, maintenance, permitting, leasing, licensing, or minor alteration
of existing public or private structures, facilities, mechanical equipment, or topographical features,
involving negligible or no expansion of use beyond that existing at the time of the lead agency’s
determination. The Preliminary Use and Management Plan specifies the property will be operated and
maintained in a natural condition and there will be no expansion of use. The property will be closed to
the public, cattle grazing on a portion of the property will continue under a grazing lease, the existing barn
will be repaired and re-roofed, existing ranch roads will be maintained to an agricultural use standard, and
the uninhabited ranch house, now in a state of disrepair and located within an active landslide area, will
be removed.
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 Preliminary Use and
Management Plan specifies that the land will not be developed and will remain in a natural condition.
Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an
area. The District will acquire fee interest and maintain the open space character of the area. No new
development is proposed as part of this project.
Attachment 5
R-07-19 Page 7
Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. This
acquisition will transfer fee ownership of the property to the District and ensure that it will be preserved
as public open space by incorporating it into the District’s open space preserve system.
This proposed purchase qualifies under four sections. The actions proposed in the Preliminary Use and
Management Plan are also exempt under section 15061, as there is no possibility the actions may have a
significant effect on the environment.
TERMS AND CONDITIONS
POST received a donation of the Tunitas Creek property in 1994. An appraisal commissioned by the
District has estimated the fair market value of the property to be $4,245,000, or approximately $6,000 per
acre. The property would be purchased by the District at a bargain sale purchase price of $462,500, or
approximately $654 per acre. The balance of $3,782,500 is being gifted to the District by POST. The
District was awarded a $462,500 Habitat Conservation Fund (HCF) grant from the California Department
of Parks and Recreation to apply to this purchase. The criteria of the HCF grant program require a local
matching financial contribution. This match can be provided by an equal or greater value gift of land.
The $3,782,500 gift in land value from POST more than fulfills the grant-matching requirement.
The Purchase Agreement with POST includes an Assignment of Lease for the year-to-year grazing lease
on the property. The current term of the Lease runs through July 14, 2007, at which time District staff
anticipates negotiating a longer-term lease agreement with the existing grazing tenant in accordance with
the District’s Service Plan and with guidance from the Draft Grazing Management Policy. Any such
lease would be returned to the Board for final approval.
The Purchase Agreement with POST also includes a covenant that provides POST a period of five years
to recognize significant donors for specific areas, trails or land formations on the property in accordance
with the District’s “Policies for Site Naming and Gift Recognition.”
Staff has conducted due diligence investigations and inspections of the property. Staff has reviewed all of
San Mateo County’s property records and files, and is satisfied that no underground storage tanks,
contamination or hazardous conditions exist on the property.
BUDGET CONSIDERATIONS
The 2005-2006 budget for new land purchases:
New Land* $19,755,120
New Land Purchased this year (17,210,974)
POST Tunitas Creek property (462,500)
New land purchase budget remaining $2,081,646
*Reflects Mid-Year Budget Adjustment
Controller M. Foster was consulted on this proposed purchase and has indicated that, considering cash
flow and account balances, funds are available for this property purchase.
Current Coastside Protection Area Fiscal Considerations
The 707.48-acre property is located in the Coastside Protection Area and is subject to the Agreement
Between San Mateo County and the Midpeninsula Regional Open Space District (Regarding Fire
Services). As part of the County Fire Agreement, the District will pay to San Mateo County Fire
Attachment 5
R-07-19 Page 8
Department annual fees for fire services that are not currently provided within the State Responsibility
Area by the California Department of Forestry and Fire Protection. The Fire Services Fee will be $336.22
based upon the assessed value of the subject property. The fire services fee will increase 2% annually.
The property is not located within the La Honda-Pescadero Unified School District jurisdiction and
therefore no educational service fees are applicable to this purchase.
Staff has analyzed the conditions of the site and financial considerations associated with the proposed
purchase and subsequent management of the property to ascertain whether the District has sufficient
resources to sustain the project. The Coastside Protection Program includes a Fiscal Analysis conducted
by Economics Research Associates confirming the feasibility of implementing that Program. The
proposed purchase, Preliminary Use and Management Plan, and expected long-term management strategy
are consistent with the Coastside Protection Program. The site assessment indicates that management
costs associated with the proposed purchase are expected to be consistent with those projected in the
Fiscal Analysis and Basic Service Plan. Staff has reviewed the revenue and other cost projections in the
Fiscal Analysis and concluded that there have been no changes since the analysis was prepared that would
affect its conclusions. Staff has further reviewed the expected management costs in light of the District’s
operating expenses and Controller’s estimated tax revenue and cash flow projections for the current fiscal
year and for the next ten years. Based on this analysis, staff concludes that purchasing and managing this
property will not result in any significant impact to the District’s existing services.
Furthermore, staff assessed the costs associated with this project and compared them to the Controller’s
ten-year projections of cash flow, property tax revenue, and operating expenses. Using the assumptions
established in the Basic Service Plan and Fiscal Analysis for staffing needs and land management
expenses, staff determined that the District has the resources to sustain this project over the long term.
PUBLIC NOTIFICATION
Written notices of the District’s proposed purchase of the property and of the Board meeting scheduled
for this purpose have been mailed to property owners of land located adjacent to or surrounding the
subject property, and to coastal public officials, community-interest groups, non-profit land trusts,
conservation-oriented organizations, elected officials, government agencies and government-sponsored
organizations within the Coastside Protection Area, as well as to attendees of the December 7, 2006
public workshop.
Prepared by:
Michael Reeves, Real Property Specialist
Maps prepared by:
Andrea Christenson, Planning Technician
Contact person:
Michael Reeves, Real Property Specialist
Attachment 5
RESOLUTION _______
RESOLUTION OF THE BOARD OF DIRECTORS OF
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT,
AUTHORIZING GENERAL MANAGER OR OFFICER TO
EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO
DISTRICT, AND AUTHORIZING GENERAL MANAGER TO
EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR
APPROPRIATE TO CLOSING OF THE TRANSACTION (TUNITAS
CREEK OPEN SPACE PRESERVE – LANDS OF PENINSULA OPEN
SPACE TRUST)
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 Peninsula Open Space Trust, a California
non-profit, public benefit corporation and Midpeninsula Regional Open Space District, a California public
agency, a copy of which is attached hereto and by reference made a part hereof, and authorizes the
President or appropriate officers to execute the Agreement on behalf of the District.
Section Two. The General Manager, President of the Board of Directors, or other appropriate officer is
authorized to execute a Certificate of Acceptance and Assignment of Lease on behalf of the District.
Section Three. The General Manager of the District or the General Manager’s designee shall cause to be
given appropriate notice of acceptance to the seller. The General Manager and General Counsel are
further authorized to approve any technical revisions to the attached Agreement and other transactional
documents which do not involve any material change to any term of the Agreement or other transactional
documents which are necessary or appropriate to the closing or implementation of this transaction.
Section Four. The General Manager of the District is authorized to expend up to $45,000 to cover the
cost of title insurance, escrow fees, site clean up, 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 $4,245,000 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 purchase 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 purchase project expenditure.
* * * * * * * * * * * * * * *
Attachment 5
R-18-26
Meeting 18-13
March 28, 2018
AGENDA ITEM 4
AGENDA ITEM
Big Dipper Ranch Grazing Lease at Skyline Ridge Open Space Preserve
ACTING GENERAL MANAGER’S RECOMMENDATION
Adopt a resolution authorizing the Acting General Manager to enter into a five-year grazing
lease with an optional five-year extension with current tenant, Vince Fontana, at Big Dipper
Ranch in Skyline Ridge Open Space Preserve.
SUMMARY
For the past ten years, Midpeninsula Regional Open Space District (District) has leased Big
Dipper Ranch located in the Skyline Ridge Open Space Preserve (Preserve) to Vince Fontana for
cattle grazing (Attachment 1). Consistent with District Resource Management and Property
Management Policies, the Acting General Manager recommends adoption of a resolution by the
Board of Directors (Board) to execute a new long-term grazing lease with the operator to
continue the District’s conservation grazing program at the Preserve (Attachments 2 and 3). The
conservation grazing program serves as a tool to manage native grasslands and wildland reduce
fuel loads, and furthers the goals of the Coastal Service Plan by supporting sustainable
agriculture on the San Mateo County coast.
DISCUSSION
The Board adopted an amendment to the Skyline Ridge Open Space Preserve Comprehensive
Use and Management Plan that incorporated a Grazing Management Plan on October 24, 2007
for the 955 acre Big Dipper Ranch (R-07-107, Attachment 4). The Board authorized the
implementation of the plan by directing staff to issue a Request for Proposals to solicit potential
grazing tenants. The lease was awarded to Vince Fontana on December 12, 2007 (R-07-135,
Attachment 5). The lease term was for five years with the option of a one-time, five-year
extension. The extended term expired January 1, 2018.
Vince Fontana is a lifelong resident of the San Mateo Coast and is well known and respected in
the community. He has been in the cattle business for over 50 years and has ran cattle over much
of the coastal grazing lands. During his tenure as lessee on the Big Dipper Ranch, Mr. Fontana
has worked closely in collaboration with District staff to address predation concerns and
additional fencing needs to keep cattle secured within designated pastures. Mr. Fontana has also
been helpful to staff by sharing his valuable knowledge of the area and local resources.
R-18-26 Page 2
In the past, the Board has approved entering into long-term leases with existing tenants in good
standing without issuing a request for proposals. As part of the management of grazing leases,
District staff utilizes the following standards to evaluate grazing tenant performance:
• Rent paid on time
• Stayed within the acceptable range for Residual Dry Matter as prescribed in
Rangeland/Grazing Management Plan and lease
• Followed stocking rate guidelines
• Completed or made progress on annual work plans
• Refrained from performing unauthorized work
• Worked cooperatively with District staff to attain resource management goals
• Met District, local, state, or federal laws, regulations or policies
• Accommodates public use of the property (this property is closed to the public use
at this time)
Mr. Fontana has satisfactorily met the above listed performance standards, and the District’s land
stewardship and sustainability goals with respect to the Big Dipper Ranch. As such, Mr. Fontana
is deemed a tenant in good standing. Continuing the conservation grazing program on this
property under a lease to Mr. Fontana is the most efficient way to meet the District’s resource
management goals to protect grassland habitat and native biodiversity, reduce wildland fuel
loads, and meet Coastal Service Plan commitments to support sustainable agriculture on the San
Mateo County coast.
FISCAL IMPACT
Sufficient funds remain in the Land & Facilities Department budget to cover maintenance costs
associated with the recommendation during the remaining fiscal year, which are primarily for
spraying and/or mowing of invasive thistles and brush. This lease will also generate income,
which will fluctuate depending on the current Animal Unit Month (AUM) price and the number
and age of cattle on the property.
FY2018-19 Budget Estimates
Rental income $3,650.00
Spraying/mowing expense $2,500.00
BOARD COMMITTEE REVIEW
A Board Committee did not previously review this item.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act.
CEQA COMPLIANCE
This item is not a project subject to the California Environmental Quality Act.
R-18-26 Page 3
NEXT STEPS
If approved, the Acting General Manager would sign a five-year cattle grazing lease with a five
year option, for a total not to exceed ten years, with Vince Fontana, provided Mr. Fontana has
met all District requirements including appropriate insurance certificates and endorsements.
Attachments
1. Location Map
2. Resolution Approving the Award of a Grazing Lease to Vince Fontana (Big Dipper
Grazing Unit, Skyline Ridge Open Space Preserve)
3. Big Dipper Ranch Grazing Lease
4. Board Report R-07-107
5. Board Report R-07-135
Responsible Department Head:
Elaina Cuzick, Acting Land & Facilities Services Manager
Prepared by:
Susan Weidemann, Property Management Specialist II
Page
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While the District strives to use the best available digital data, these data do not represent a legal survey and are merely a graphic illustration of geographic features.
MROSD Easement Over Land Trust
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Attachment 1
Attachment 2
Resolutions/2018/R-18___BigDipperLease 1
RESOLUTION 18-__
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING
THE AWARD OF A GRAZING LEASE TO VINCE FONTANA (BIG
DIPPER GRAZING UNIT, SKYLINE RIDGE OPEN SPACE PRESERVE)
WHEREAS, the Midpeninsula Regional Open Space District (District) may, under the
provisions of California Public Resources Code section 5540, lease property owned by the
District; and
WHEREAS, the lease of the Big Dipper Grazing Unit for grazing and rangeland
management purposes is compatible with park and open space purposes, and the lease of such
premises is in the public interest; and
WHEREAS, the District wishes to renew its lease of the Big Dipper Grazing Unit to
Vince Fontana on the terms hereinafter set forth.
NOW, THEREFORE, the Board of Directors of Midpeninsula Regional Open Space
District does hereby resolve as follows:
1. The Grazing Lease between the Midpeninsula Regional Open Space District and Vince
Fontana, a copy of which is attached hereto and incorporated herein by this reference, is
approved.
2. The General Manager is authorized to execute the Grazing Lease on behalf of the
District. The General Manager, with the concurrence of the General Counsel, is
authorized to make minor changes to the Grazing Lease that do not materially amend the
terms and conditions thereof.
3. The General Manager is authorized to grant an extension of the Grazing Lease on the
terms and conditions set forth in the Grazing Lease. The General Manager shall report
any such extension of the Grazing Lease to the Board of Directors at the Board meeting
immediately following the granting of the extension. The General Manager or designee
is further authorized to sign and approve all other documents necessary or appropriate to
entering into the Grazing Lease.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on _____, 2018, at a regular meeting thereof, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Resolutions/2018/18-__BigDipperGrazingLease 2
ATTEST: APPROVED:
Secretary
Board of Directors
President
Board of Directors
APPROVED AS TO FORM:
General Counsel
I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify
that the above is a true and correct copy of a resolution duly adopted by the Board of Directors
of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly
held and called on the above day.
District Clerk
GRAZING LEASE
between
MIDPENINSULA REGIONAL
OPEN SPACE DISTRICT
Lessor
And
VINCE FONTANA
Lessee
With respect to the following property
BIG DIPPER RANCH
A portion of
SKYLINE RIDGE OPEN SPACE PRESERVE
Effective Date
April 1, 2018
Attachment 3
2
GRAZING LEASE
BIG DIPPER RANCH GRAZING UNIT
SKYLINE RIDGE OPEN SPACE PRESERVE
1. RANGELAND MANAGEMENT PLAN…………………………………… 4
2. PREMISES……………………………………………………………………. 4
3. TERM…………………………………………………………………………. 5
4. RENT………………………………………………………………………….. 6
5. TAXES………………………………………………………………………… 8
6. ANNUAL GRAZING CAPACITY AND GRAZING
SEASON DETERMINATION…………………………………………… 8
7. ANNUAL STOCKING AND WORK PROGRAM………………………… 10
8. LIVESTOCK………………………………………………………………….. 11
9. USE OF PREMISES…………………………………………………………. 11
10. MAINTENANCE OF IMPROVEMENTS………………………………… 13
11. ALTERATIONS…………….………………………………………………. 13
12. ENTRY AND INSPECTION BY DISTRICT………………………….….. 13
13. COMPLIANCE WITH LAW………………………………………………. 13
14. DISTRICT RIGHT TO TERMINATION FOR
BREACH OR DEFAULT………………………………………………… 13
15. TENANT RIGHT TO TERMINATE……………………………………… 15
16. SURRENDER OF PREMISES…………………………………………….. 16
17. ASSIGNMENT AND SUBLETTING……………………………………… 16
18. INDEMNIFICATION………………………………………………………. 16
19. INSURANCE………………………………………………………………… 16
20. ABANDONMENT…………………………………………………………… 16
21. WAIVER OF RELOCATION BENEFITS………………………………… 17
22. UTILITIES…………………………………………………………………… 17
23. NO RIGHT TO REPAIR AND DEDUCT…………………………………. 17
24. GENERAL PROVISIONS………………………………………………….. 17
Attachment 3
3
SUMMARY OF GRAZING LEASE TERMS
This is a summary (“Summary”) of the principal terms and conditions of the Grazing Lease. Each item
below shall be deemed to incorporate all of the terms and conditions set forth in the Grazing Lease
pertaining to such item. In the event of any conflict between the information in this Summary and any
more specific provision of the Grazing Lease, the more specific Grazing Lease provision shall control.
Landlord: Midpeninsula Regional Open Space District
Acres: 955 Gross Acres excepting the District employee residence and the
Cummings in-holding property.
Tenant: Vince Fontana
Term: Five (5) year Initial Term commencing April 1, 2018
(“Commencement Date”)
Grazing Season: Annual (Annual adjustments pursuant to Section 6)
Grazing Capacity: 144 AUMs (Annual adjustments pursuant to Section 6)
Permitted Use: Cattle grazing and authorized adjunct activities
Rent Payment Dates: Bi-annual payments on January 2nd and July 1st
District Contact Information: Tenant Contact Information:
Primary Contact: Property Management Primary Contact: Vince Fontana
Specialist II Tel: 650-726-2621
Tel: (650) 691-1200
Alternate: Skyline Area Superintendent Alternate Contact: Doug Edwards
Tel: (650) 949-1848 Tel: 650-245-6808
Notice Addresses of District: Notice Address of Tenant:
Midpeninsula Regional Open Space District Vince Fontana
Attn: Property Management Specialist II P O Box 512
330 Distel Circle Half Moon Bay, CA 94019
Los Altos, CA 94022
Attachment 3
4
GRAZING LEASE
THIS GRAZING LEASE (“LEASE”) IS MADE BY AND BETWEEN THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT (“DISTRICT”) AND VINCE FONTANA (“TENANT”) UPON
THE FOLLOWING TERMS AND CONDITIONS:
1. RANGELAND MANAGEMENT PLAN
District has prepared a grazing management plan for the Premises (“Rangeland Management Plan”),
incorporated herein by this reference as Exhibit A, and has provided Tenant with a copy of said Rangeland
Management Plan. Tenant hereby acknowledges receipt thereof. Tenant shall manage and use the Premises
throughout the Term in a good and proper manner, according to approved methods of range management
and grazing practice as more specifically set forth in the Rangeland Management Plan, and as may be
established and modified from time to time by District. The Rangeland Management Plan serves this Lease
as a management tool for developing and implementing range activities in accordance with and
complementary to the District’s overall land management, resource administration, public use, and other
open space policies, guidelines and goals. The Rangeland Management Plan may be amended by District
from time to time, with Tenant’s input, and any such amendment by District shall be effective upon thirty
(30) days written notice to Tenant thereof.
2. PREMISES
(a) Premises. District leases to Tenant, and Tenant leases from District, upon the terms and
conditions herein, 955 gross acres less cited exceptions located in the Skyline Ridge Open
Space Preserve, San Mateo County, CA (“Premises”) as depicted in Exhibit B attached hereto.
(b) Reserved Rights. Tenant's use of the Premises is subject to all existing easements, servitudes,
leases and rights of way for ditches, levees, roads, public utilities, pipelines and any other
purposes, whether of record or not, and including the right of District to authorize its directors,
officers, employees, agents, and volunteers to use the Premises for District purposes. District
reserves the right to use the Premises for all public open space purposes, including but not
limited to, natural resource restoration and management, natural resource monitoring, road
grading, mowing, plowing, seeding, fertilizing, prescribed burning and performing any other
appropriate or customary seasonal work. District further specifically reserves the right to make
use of all roads and trails on the Premises for patrol, maintenance and such other uses as
District may reasonably desire to make of such roads or trails. District also reserves the right
to make the Premises open to the general public for low intensity open space recreation, subject
to reasonable restrictions as determined by District, and including the right to construct trails,
public trailhead facilities, and other facilities for such public use purposes.
(c) As Is Condition of Premises. District makes no warranties or representations to Tenant
concerning the suitability of the Premises for grazing purposes. Tenant represents and
warrants that Tenant has conducted a thorough and diligent inspection and investigation of the
Premises and the suitability of the Premises for Tenant’s intended use. Tenant is fully aware
of the needs of its grazing operations and has determined, based solely on its own inspection,
that the Premises are suitable for its operations and intended use. Tenant acknowledges, agrees
to, and hereby accepts, the Premises in their present condition, “AS IS, WITH ALL FAULTS”,
without representation or warranty of any kind, and subject to all applicable laws, statutes,
ordinances, rules and regulations governing the use, occupancy, management, operation and
possession of the Premises. Without limiting the foregoing, this Lease is made subject to any
Attachment 3
5
and all covenants, conditions, restrictions, easements and other title matters affecting the
Premises, or any portion thereof, whether or not of record. Tenant acknowledges and agrees
that District, including without limitation its directors, officers, employees and agents, has not
made, and District hereby disclaims making, any representations or warranties, express or
implied, concerning (i) any title or survey matters affecting the Premises; (ii) the physical,
geological or environmental condition of the Premises including without limitation , and
notwithstanding any provisions of the Rangeland Management Plan, the availability,
suitability, sufficiency, or existence of any sources of water, livestock watering system, or
water rights of any kind; (iii) the present or future capacity or suitability of the Premises for
livestock grazing; (iv) the feasibility, cost or legality of constructing any improvements on the
Premises if required for Tenant’s use as permitted under this Lease; (v) the condition of any
fences, roads, gates or range improvements; or (vi) any other matter whatsoever relating to the
Premises or its use, including, without limitation, any implied warranties of fitness for a
particular purpose.
(d) Withdrawal of Premises. Pursuant to California Public Resources Code Section 5563,
District hereby reserves the right, at any time, to reduce the size of the Premises leased
hereunder, in whole or by any portion thereof. Should the District Board of Directors
(“Board”) determine to use such lands for park, open space or other District purpose
inconsistent with Tenant’s use, the Lease shall terminate as to those lands so identified.
District will notify Tenant of the tentative scheduling of any agenda item for Board
consideration to act under Section 5563, as to the Premises, no less than sixty (60) days in
advance of the meeting proposed for consideration of such an item. Should less than the entire
Premises be removed from the Lease pursuant to this Section, the animal unit months
(“AUM”), as hereinafter defined, and as permitted hereunder, and the corresponding rental
amount, shall be reduced proportionate to the reduction in the area, based on acreage and
grazing capacity, subject to the Lease. In the alternative, Tenant may elect to terminate the
Lease in its entirety and shall have no further rights or obligation hereunder except as to those
matters specifically identified as surviving such termination. In the event of such early
termination, Tenant’s sole claim against District shall be to a pro-rata refund of any grazing
rent actually paid in advance, if any such rent has been paid for the next lease year.
3. TERM
(a) Term. The Premises are leased for an initial five (5) year term (“Initial Term”) beginning
_January 2, 2018 (“Commencement Date”) and expiring on January 1, 2023, unless extended
as provided for herein. Provided Tenant is in compliance with the terms, covenants, and
provisions of this Lease (including the Rangeland Management Plan), District may in its sole
discretion elect to extend the Lease for one additional five (5) year period (“Subsequent
Term”), for a maximum total Term of no more than ten (10) years, unless the Lease is
terminated by District or Tenant as otherwise provided for herein. The Subsequent Term shall
expire on January 1, 2028. Collectively, the Initial Term and Subsequent Term, if any, are
referred to herein as the “Lease Term”.
(b) Grazing Capacity and Grazing Season. The definition of the “Grazing Capacity” and the
“Grazing Season” for all purposes of this Lease is that set forth in Section 6 of this Lease.
Tenant will graze the Premises only during the Grazing Season and in compliance at all times
with the authorized Grazing Capacity. Tenant may go on to the Premises during other times
of the year (the “Off-Season”) to conduct activities reasonably related to permitted grazing,
including infrastructure maintenance and repair and related to such new leasehold
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improvements as may be authorized in writing by District.
(c) Termination of Lease at End of Term. District or Tenant may terminate this Lease at the
end of the Initial Term, or at the end of any Subsequent Term, if District or Tenant gives
written notice to the other party at least ninety (90) days prior to the Expiration Date of the
then effective Term. This right of termination is in addition to any and all rights of termination
by District or Tenant as set out herein.
(d) Possession. Tenant agrees that in the event of the inability of District to deliver possession of
the Premises at the Commencement Date, District shall not be liable for any damage caused
thereby nor shall this Lease be void or voidable, but Tenant shall not be liable for Rent (as
described hereunder) until such time as District offers to deliver possession of the Premises to
Tenant. The Term of the Lease shall not be extended by any such delay.
4. RENT
(a) Lease Year Rent. Each year during the Term, Tenant shall pay to District annual rent
(“Rent”) as payment for grazing on the Premises. Rent for the first year of the Initial Term is
the calculated as set out in Exhibit C. Rent shall be adjusted each lease year thereafter
(“Annual Adjustment of Rent”) as set forth below. Rent shall be payable in two lump sum
payments for the actual livestock use that occurs over the Grazing Season, and shall be paid
on or before the dates set forth in the Summary (“Rent Payment Date”) at the address shown
for District in the Summary. Rent shall be paid in advance without demand, deduction, offset
or counterclaim whatsoever, except as may otherwise be specifically permitted herein.
(b) Annual Adjustment of Rent. Rent shall be adjusted upward or downward for each lease year
depending upon the Grazing Capacity, Grazing Season, and per AUM rental rate as set out in
Exhibit C for the Premises, as determined by District prior to the beginning of the Grazing
Season, and on whether the average selling price of beef cattle is higher or lower than the
corresponding average selling price for the preceding lease year (“Rent Adjustment”). Tenant
shall be notified by the District on or before July 15th of each current lease year of the new per
AUM rental rate for the next Grazing Season. Rent Adjustments will be calculated pursuant
to the formula set forth in the Calculation of Annual Grazing Rent, attached hereto and
incorporated herein as Exhibit C of this Lease. Rent shall be due immediately following the
District’s notification of total amount due.
(c) Performance of Work for Rent Credit. Tenant may request permission from District to
improve grazing infrastructure and/or promote resource protection (“Work”) on the Premises,
in lieu of all or a portion of the Tenant’s annual Rent by the following procedures and subject
to the following conditions:
(i) Only Work that qualifies for Rent Credit as outlined in Exhibit D may be
submitted.
(ii) Prior to commencing any such Work, Tenant shall submit a written proposal
and schedule for completion of Work to District for approval and shall provide
an estimate of the value of such Work itemizing the estimated cost for outside
contractors, materials, labor, and equipment (Exhibit E).
(iii) The construction and installation of the improvements shall be in accordance
with District’s specifications and instructions. A biological monitor may be
required by District in its sole discretion to monitor Work in areas where sensitive
species may be affected.
(iv) District shall review such Tenant proposal and value estimate, and may elect,
in its sole discretion, to authorize the performance of such Work, or may counter
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the offer of Tenant, either as to the scope of Work or valuation thereof. If
acceptable to Tenant, District and Tenant may agree that such Work be performed
in lieu of all or a portion of Rent in the agreed-upon amount. Any such
authorization shall be in writing and signed by a duly authorized District
representative or shall be of no force and effect.
(v) In the event District approves specific Work to be performed by Tenant in
lieu of all or a portion of Rent, all such Work shall be performed in a timely and
professional manner, to the reasonable satisfaction of District.
(vi) Tenant acknowledges that any Work to be performed by Tenant in lieu of all
or a portion of Rent may trigger reporting requirements by the District under
federal and state tax law. Tenant agrees that Tenant is solely responsible for all
tax obligations, if any, arising from such payments or offsets, to whatever degree
required by state or federal law.
(vii) Tenant shall notify District upon completion of the authorized Work and
shall arrange for inspection of such Work by District. If District, after inspection,
accepts the Work as fully and correctly performed, it shall authorize, in writing,
that such Work be either substituted for all or a portion of Tenant’s Rent
obligations for the agreed upon amount. If District determines that the Work has
not been fully or correctly performed, it shall notify Tenant of the deficiencies
and Tenant shall have a reasonable period of time to correct the identified
deficiencies. Tenant shall thereafter notify District and request further
inspection.
(viii) Tenant shall not accept any federal cost-sharing payments, grants, or
donations for conservation practices that would result in a duplicate payment.
(ix) In any agreement entered into between Tenant and outside contractor(s), said
contractor shall act as an independent professional and not as an agent of the
District, and nothing contained in this agreement or any contractor agreement
shall create a contractual relationship between any contractor or subcontractor
and the District. Tenant shall obtain written permission from District prior to
retaining any contractor to perform work at the Premises. Tenant shall notify the
District at least seven (7) days prior to the commencement of said approved work
and immediately upon completion.
(x) Any and all work performed by Tenant or his or her agents and contractors
that requires a license shall be performed only by a qualified and appropriately
licensed professional as required by State law.
(xi) In no event shall credit for Work performed in lieu of Rent exceed the amount
of Rent due for the remainder of the then current Grazing Season and any excess
claimed may not be carried over or otherwise applied to rental obligations arising
thereafter. Should District terminate this Lease for any reason permitted
hereunder, District shall, prior to the full application of any such credit to Rent
due, reimburse Tenant for Work that was approved by District and correctly
performed by Tenant, provided that District’s termination of this Lease is not due
to a material default or breach of Tenant that results in a determination by a court
of competent jurisdiction that any such credit accrues to the benefit of the
District.
(d) Performance of Work as a Contractor. Tenant may request permission from District to
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improve grazing infrastructure and/or promote resource protection (“Work”) on the Premises
for direct compensation as a contractor by the following procedures outlined above in section
4(c) except as noted below.
(i) For performance of Work for compensation, Tenant is required to sign a
contract for the Work proposed with the District after the Work proposal has been
approved.
(ii) Tenant is required to provide any additional insurance as specified.
(iii) Compensation for said Work will be directly paid to the Tenant instead of in
lieu of all or a portion of Rent.
(iv) Tenant acknowledges that any Work to be performed by Tenant for
compensation may trigger reporting requirements by the District under federal
and state tax law. Tenant will be required to submit a W9 to the District. Tenant
agrees that Tenant is solely responsible for all tax obligations, if any, arising from
such payments or offsets, to whatever degree required by state or federal law.
(v) Nothing contained herein shall be construed to make Tenant an employee or
agent of District and Tenant shall be and remain an independent contractor.
(e) Late Charge. Any Rent received by District five (5) or more days past the Payment Date on
which such amount was due, shall be subject to a penalty of 10% of the amount due to District,
and Tenant shall pay such additional sum concurrently with the late payment.
(f) Livestock Lien. Tenant hereby acknowledges that all Rent not paid on a Payment Date set
herein shall become a lien on any and all livestock located on the Premises as authorized by
California Civil Code §3080, et seq., and District shall have the right to take possession and
retain all such livestock, without resort to additional legal proceeding, until all unpaid amounts
are satisfied in full.
5. TAXES
Tenant agrees to be responsible for, and to pay promptly when due, all possessory interest taxes and any
other such taxes that are assessed on the basis of this Lease or the grazing operations permitted hereunder.
Tenant shall pay any such possessory tax prior to delinquency thereof, and shall not be entitled to offset the
amount of such tax against Rent payable under this Lease. Taxes assessed on any personal property of
Tenant shall be solely the obligation of Tenant.
Tenant acknowledges that any rent offsets or compensation paid by other means for work done on the
property may trigger reporting requirements by the District under federal and state tax law, regarding such
payments or offsets credited to the Tenant. Tenant agrees to provide any information required about the
business structure under which Tenant operations to assist the District in determining its tax reporting
obligations. Tenant agrees that Tenant is solely responsible for all tax obligations, if any, arising from such
payments or offsets, to whatever degree required by state or federal law.
6. ANNUAL GRAZING CAPACITY AND GRAZING SEASON DETERMINATION
(a) Definition of Grazing Capacity. Grazing capacity, for all purposes herein, is the level of
livestock use allowed on the Premises consistent with forage production, resource
conservation, and open space preservation objectives (the “Grazing Capacity”). The unit of
measure of Grazing Capacity shall be the animal unit month (“AUM”), defined herein as the
amount of forage, equivalent to 1,000 pounds of dry, herbaceous plant material, necessary to
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sustain a mature cow for a period of one month. District shall regulate the kind and number
of livestock and the amount of time the Premises are grazed by same, to assure conformity to
Grazing Capacity estimates.
(b) Procedure for Establishing Annual Grazing Capacity and Grazing Season. The Grazing
Capacity and Grazing Season for the Premises for the first lease year is that set forth in the
Summary. The procedure for establishing the Grazing Capacity and Grazing Season thereafter
shall be:
(i) District shall conduct an annual range assessment of the Premises to identify
areas District considers suitable for grazing and to estimate the available forage
production for the forthcoming lease year. Tenant will be provided an
opportunity to participate in this annual range assessment.
(ii) Residual Dry Matter (RDM) targets described in Section 6(f) herein shall be
subtracted from the estimated total amount of available forage within the
Premises to determine how much forage is available for livestock to consume in
an average year, a wet year, and a dry year. The District’s determination of
Grazing Capacity and corresponding Grazing Season for the Premises shall be
based upon the estimated forage production in an average rainfall year and may
be subject to change by District.
(iii)Prior to November 15th of each year, District shall notify Tenant in writing of the
authorized Grazing Capacity and Grazing Season for the Premises for the
forthcoming lease year. The notice shall set forth any required changes to
Tenant’s range management methods or grazing practices in accordance with the
Rangeland Management Plan, and shall also list any natural resource
management or other range or open space management activities appropriate for
the Premises during the forthcoming lease year from which Tenant may propose
to do Work, as defined in Section 4(c) and 4(d).
(iv) Subject to the provisions of Section 6(c) through 6(e) below, the authorized
Grazing Capacity for the Premises shall remain the same throughout the lease
year.
(c) District as Sole Judge of Grazing Capacity and Grazing Season. At all times District shall
be the sole judge as to the Grazing Capacity and Grazing Season of the Premises and any
pasture thereof. In determining the Grazing Capacity and Grazing Season of the Premises or
any pasture thereof, District may take into account, by way of example only and without
limitation thereby, such factors as erosion control, re-forestation, native and invasive
vegetation, water quality, fisheries, wildlife, recreation or any other conditions that may affect
the use, operation, and conservation of the District’s lands for open space purposes.
(d) Emergency Reduction of Grazing Capacity. At any time and from time to time, District
may reduce the authorized Grazing Capacity or Grazing Season or impose a full or partial
grazing moratorium in the District’s discretion when such action is necessary or appropriate
due to an emergency that poses a threat to the physical or environmental condition of the
Premises. Written notice of any such reduction will be given by District to Tenant, who shall
have ten (10) days in which to implement the reduction. In implementing such reduction,
Tenant may either (i) reduce animal numbers, or (ii) feed weed-free hay of good quality at the
equivalent of three (3) AUMs per ton fed. In the event Tenant desires to use option (ii), Tenant
shall first obtain District’s written approval. In giving such approval, District may require
Tenant to concentrate all or part of the livestock into selected areas for feeding and control. In
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the event of such reduction, the Rent shall be adjusted pursuant to Section 4(b) hereof.
(e) Exceeding Grazing Capacity without Authorization. Tenant shall limit the number of
livestock to be grazed upon the Premises and the period of use so that the authorized number
of AUMs is not exceeded. Should the Premises, or any portion thereof, unintentionally be
grazed in excess of the authorized number of AUMs, Tenant shall immediately remove all or
such number of livestock as are necessary to comply with the Grazing Capacity authorized by
District. In addition to all other rights which District may have or exercise under this Lease,
in the event that Tenant grazes the Premises in excess of the authorized Grazing Capacity, the
charge per AUM shall be three (3) times the annual Rent provided for in this Lease for each
AUM or portion thereof grazed in excess of said authorized number, for any length of time,
such amount being hereby agreed upon as the liquidated minimum damages to District from
such excess usage and District shall be entitled to prove and be awarded any greater damage
amount, or other relief sought, by a court of competent jurisdiction. Tenant shall pay such
amount to District promptly upon demand.
(f) Minimum Residual Dry Matter (RDM) Requirements. Residual dry matter (“RDM”), as
used herein, is a measure of the amount of dry vegetation left on the ground, typically
measured at the end of summer or in the fall, prior to rainfall. The height in inches of standing
vegetation remaining on the ground is a general indicator of RDM levels; however the pounds
per acre measurement shall be used for the purposes of monitoring and enforcing minimum
RDM requirements. The District has set the following minimum RDM requirements for the
Premises depending upon average slope:
1) On 0% to 30% slopes, the average minimum RDM shall be 800 – 1,000 pounds per acre,
or approximately 2 to 3 inches of standing vegetation.
2) On slopes greater than 30%, the average minimum RDM shall be 1,200 pounds per acre,
or approximately 3 to 4 inches of standing vegetation.
A layer of RDM shall be maintained by Tenant throughout the Grazing Season to minimize
soil erosion and enhance both the quality and quantity of forage produced. Tenant and
District acknowledge that localized over-utilization will occur adjacent to watering facilities,
corrals, and salting areas. As such, these areas will not be used to determine the RDM levels
of a pasture. If the RDM levels drop below the amounts specified above, District shall notify
Tenant, and Tenant shall immediately remove all livestock from the affected pasture(s) until
such time as District determines that such pasture(s) have recovered sufficiently for
restocking.
7. ANNUAL STOCKING AND WORK PROGRAM
Tenant shall prepare an annual stocking and work plan (“Stocking and Work Program”) prior to the
beginning of each Grazing Season. No later than December 1st of each year, Tenant shall deliver to District
a proposed Stocking and Work Program, in a form substantially similar to the example attached hereto as
Exhibit F that shall include information on the number and type of all livestock proposed to be grazed upon
the Premises during the forthcoming Grazing Season. The Stocking and Work Program shall set forth the
number of AUMs to be stocked on each pasture, based on current forage conditions and the Grazing
Capacity and the forthcoming Grazing Season established by District, and shall specify all proposed
management activities related to herd health, pest control, infrastructure maintenance, and/or the
development of range resources that may be warranted for the conditions and circumstances on the
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Premises. The range management work proposed by Tenant shall be in full conformance with the
Rangeland Management Plan. Within twenty (20) working days of receipt of the Stocking and Work
Program, District shall notify Tenant in writing whether it is acceptable. If unacceptable, District shall state
in its notice all changes to be made to the Stocking and Work Program. Tenant shall incorporate all changes
into the Stocking and Work Program and resubmit it to District for approval. For the length of the Grazing
Season, Tenant shall submit monthly stocking reports as outlined in Exhibit G.
8. LIVESTOCK
(a) Health of Livestock. Tenant covenants and warrants that all livestock on the Premises shall
be in general good health and physical condition and that they have been inoculated with all
appropriate vaccinations according to good husbandry practice.
(b) Outbreaks of Disease. Tenant shall immediately report to District and all proper
governmental authorities any case of infectious animal disease appearing in livestock on the
Premise, and shall, at Tenant’s sole cost, take all steps required to isolate, control, and
eliminate any such disease. Livestock exhibiting symptoms of disease communicable to
humans shall be immediately removed from the Premise.
(c) Livestock Identification. All livestock and their offspring shall be branded or marked with
the brand or mark of the Tenant. The District, under certain conditions, may require Tenant
to identify livestock with distinctive ear tags for to facilitate public or District personnel
reporting of any problem or aggressive livestock.
(d) Disposal of Livestock Carcasses. Tenant shall remove from the Premises, any livestock that
may die on the Premises. Tenant is strictly forbidden to bury livestock carcasses on any
District land. Tenant shall immediately notify District upon discovering any dead livestock
on or near the Premises.
9. USE OF PREMISES
(a) Tenant’s Permitted Use. Tenant may use the Premises for the uses specified in the Rangeland
Management Plan, and for no other purpose or use without the prior written consent of District,
the exercise of which shall be in its sole discretion. Livestock grazed on the Premises must be
either owned by the Tenant or grazed under the direct supervision of Tenant.
(b) Grazing Within Premises. Tenant shall, at all times, prevent livestock from trespassing onto
lands on which Tenant is not authorized to graze and adjacent third-party lands, whether
private or public. Notwithstanding the foregoing, nothing in this subsection (c) shall be
construed to require Tenant to install additional fencing on the Premises beyond that required
elsewhere in this Lease or by the Rangeland Management Plan.
(c) Supplemental Feeding. Subject to verbal authorization from the District’s Area
Superintendent or other authorized District representative, Tenant may provide supplemental
feed to maintain the health and vitality of permitted livestock. Tenant may not conduct
supplemental feeding on the Premises to prolong grazing use in areas where the forage levels
specified in the approved annual Stocking and Work Program have been reached or exceeded.
Any supplemental feed shall be certified to be free of non-native, invasive plant materials,
commonly known as “weed free” feed or forage.
(d) Motorized Vehicles and Heavy Equipment. Tenant acknowledges that use of roads and
vehicle accessible trails and areas of the Premises, both during and immediately following wet
weather carries the potential for serious degradation of road and ground surfaces, including
Attachment 3
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but not limited to, rutting and erosion. Tenant shall refrain, to the maximum extent feasible
consistent with reasonable grazing practices, from using motorized vehicles on the Premises
during wet conditions. All motorized vehicle use by Tenant during wet conditions is restricted
to the use of balloon-tired, all-terrain vehicles. All motorized vehicles and equipment used by
Tenant on the Premises must be outfitted with appropriate spark arrestors and mufflers. No
heavy equipment, including, but not limited to bulldozers, backhoes, excavators, or trenchers
is allowed to cross or operate on the Premises without District’s prior written consent. District
may, in its sole discretion, close any or all roads, or promulgate and enforce use restrictions
on road use for resource management, erosion control, law enforcement purposes, or other
purposes necessary or appropriate for the sound management of the Premises, by providing
Tenant with prior written notice thereof.
(e) Weed and Pest Control. Except as set forth in Section 9(d) above, District will have the
right, but not the obligation, at its sole cost and expense, and in its sole discretion as to the
manner, time or extent of such efforts, for the control of noxious weeds and animal pests on
the Premises. Tenant shall fully cooperate with District in any programs designed to control
or eradicate weed and pest populations, including relocation of livestock if necessary. District
shall provide Tenant with at least 48 hours’ notice, verbal or written, prior to the
commencement of such control programs. Tenant shall not introduce any noxious vegetation
onto or about the Premises. In no event shall District be liable to Tenant for the presence or
introduction of noxious vegetation or animal pests on the Premises.
(f) Integrated Pest Management Program. Tenant, and any pest management contractors
operating on the leased property, shall comply with all requirements of the District’s
Integrated Pest Management (IPM) Program. These requirements include, but are not
limited to: using the least harmful method(s) to control identified pests, using only pesticides
on the current District Pesticide List, posting notifications of all pesticide applications one
day before treatment, leaving these postings for three days after treatment, and reporting all
pesticide use by staff or contractors. Tenant must obtain prior written authorization from
District before using any pesticide on the Premises.
(g) Hazardous Substances. Tenant is absolutely prohibited from transporting, mixing,
generating, applying, storing, or disposing of pesticides (including herbicides or rodenticides)
or any hazardous substances, except for equipment and vehicle fuel and fueling operations
typical for use in grazing operations, upon the Premises without the prior express written
consent of District. Fuel will be kept in properly sealed containers, suitable for the substance,
and all fuel transfer operations will be conducted with sufficient care and diligence to prevent
contamination of or on the Premises.
(h) Events. Tenant shall obtain a permit pursuant to District’s permit process for any event held
on the Premises for twenty (20) attendees or above.
(i) Unforeseen Circumstances. At any time, District may require Tenant to temporarily relocate
livestock, and/or temporarily cease grazing activities on a portion of the Premises if, in the
District’s discretion, such action is necessary or appropriate due to unforeseen circumstances
which pose a threat to the physical or environmental condition of the Premises. District will
notify Tenant at least seventy-two (72) hours previous to an action. In the event of such
reduction, the Rent shall be adjusted pursuant to Section 4(b) hereof.
(j) Cannabis. Cannabis shall not be cultivated, stored, transported, packaged or possessed
on District premises notwithstanding legality of cannabis within the local jurisdiction.
Attachment 3
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10. MAINTENANCE OF IMPROVEMENTS
(a) Routine Maintenance. Tenant responsibilities for maintenance are outlined in Exhibit E.
Please refer to Section 4(c & d) for a full description of the requirements for either performance
of work for rent credit or direct compensation where applicable.
(b) Emergency Road Repairs. Tenant may perform limited emergency repairs to any road that
is impassable for uses authorized hereunder. Tenant must make a reasonable, good faith effort
to notify District prior to commencing emergency work undertaken pursuant to this section.
“Emergency” for purposes of this section shall mean imminent danger to the health or safety
of humans, the natural resource values of the Premises, water bodies or structures, or to
livestock permitted on the Premises hereunder. All emergency work undertaken pursuant to
this section shall be performed, to the maximum extent feasible, in a manner consistent with
District road repair standards. No material may be permitted to enter waterways. Tenant shall
be responsible for remediation of any emergency road repair work, as such may be ordered by
District or by lawful regulatory authority, including proper permitting, associated fees and
charges and for any fines levied. Tenant shall not be entitled to reimbursement or rent credit
for any such emergency repairs.
11. ALTERATIONS
Tenant agrees to obtain and fully comply with all applicable permits, authorizations, laws, ordinances, and
regulations, and to obtain the prior written consent of District before making any alterations of, changes
in, or additions to the Premises. All alterations, additions and improvements made in, to, or on the
Premises, except unattached, movable fixtures, are the property of the District and will remain upon, and
be surrendered with, the Premises upon termination of this Lease.
12. ENTRY AND INSPECTION BY DISTRICT
Tenant agrees that District and its directors, officers, employees, agents and authorized volunteers may
enter the Premises at any time to inspect the Premises, or to make any changes, alterations or repairs
which District in its sole discretion considers appropriate for the protection, improvement or preservation
of the Premises, and to post any notice provided for by law or otherwise to protect the rights of District.
Nothing herein contained shall be construed to obligate District to make any changes, alterations or
repairs to the Premises.
13. COMPLIANCE WITH LAW
Tenant will comply with all applicable laws, permits, statutes, ordinances, rules, governmental orders,
regulations, and requirements pertaining to the occupancy and use of the Premises, including without
limitation, District Land Use Regulations and District Ordinances (copy provided to Tenant). Tenant shall
not use, nor permit others to use, the Premises for any unlawful or prohibited purpose or purposes except
as may otherwise be specifically authorized hereunder.
14. DISTRICT RIGHT TO TERMINATION FOR BREACH OR DEFAULT
(a) District Right to Terminate for Default. District shall have the right to terminate this Lease
at any time upon default of this Lease by Tenant. In the event of such earlier termination by
District, Tenant shall be allowed thirty (30) days following the giving by District of written
Attachment 3
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notice of termination to Tenant in which to vacate the Premises. In the event of such early
termination, Tenant’s sole claim against District shall be to a pro-rata refund of grazing rent
actually paid in advance.
(b) Default. The occurrence of any of the following shall constitute a material default under and
breach of this Lease by Tenant:
(i) Any failure by Tenant to pay the Rent or any other monetary sums required to be
paid hereunder (where such failure continues for three (3) business days after
written notice to quit or pay rent by District to Tenant).
(ii) The abandonment of the Premises by Tenant.
(iii) A failure by Tenant to observe and perform any other provision of this Lease to be
observed or performed by Tenant, where such failure continues for thirty (30) days
after written notice thereof by District to Tenant; provided, however, that if the
nature of the default is such that the same cannot reasonably be cured within said
thirty (30) day period, Tenant shall not be deemed to be in default if Tenant shall
within such period commence such cure and thereafter diligently prosecute the
same to completion.
(iv) The making by Tenant of any general assignment or general arrangement for the
benefit of creditors; the filing by or against Tenant of a petition to have Tenant
adjudged a bankrupt or of a petition for reorganization or arrangement under any
law relating to bankruptcy (unless, in the case of a petition filed against Tenant, the
same is dismissed within sixty (60) days); the appointment of trustee or receiver to
take possession of substantially all of Tenant's assets located at the Premises or of
Tenant's interest in this Lease, where possession is not restored to Tenant within
thirty (30) days; or, the attachment, execution or other judicial seizure of
substantially all of Tenant's assets located at the Premises or of Tenant's interest in
this Lease, where such seizure is not discharged within thirty (30) days. Tenant
agrees that in the event of the occurrence of any of the above-specified
circumstances, this Lease, or any interest in or to the Premises, shall not become
an asset in any of such proceedings.
(c) Remedies. In the event of any material default or breach by Tenant, District may, at any time
thereafter, and without thereby limiting District in the exercise of any right or remedy, at law or
in equity, that District may have by reason of such default or breach:
(i) Maintain this Lease in full force and effect and recover the Rent and other
monetary charges as they become due, without terminating Tenant's right to
possession irrespective of whether or not Tenant has abandoned the Premises. In
the event District elects not to terminate the Lease, District shall have the right to
attempt to re-let the Premises at such rent and upon such conditions and for such a
term, and to do all acts necessary to maintain or preserve the Premises as District
deems reasonable and necessary without being deemed to have elected to terminate
the Lease, including removal of all persons and property from the Premises. Such
property may be removed and stored in a public warehouse or elsewhere at the cost
of and for the account of Tenant. In the event any such re-letting occurs, this Lease
shall terminate automatically upon the new Tenant taking possession of the
Premises, notwithstanding failure by District to elect to terminate the Lease
initially. District at any time during the Term of this Lease may elect to terminate
this Lease by virtue of such previous default of Tenant.
Attachment 3
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(ii) Terminate Tenant's right to possession by any lawful means, in which case this
Lease shall terminate and Tenant shall immediately surrender possession of the
Premises to District. In such event District shall be entitled to recover from Tenant
all damages incurred by District by reason of Tenant's default, including without
limitation thereto, the following: (a) the worth at the time of award of any unpaid
Rent which has been earned at the time of such termination; plus (b) the worth at
the time of award of the amount by which the unpaid Rent which would have been
earned after termination until the time of award exceeds the amount of such rental
loss that is proved could have been reasonably avoided; plus (c) any other amount
necessary to compensate District for all the detriment proximately caused by
Tenant's failure to perform any obligations under this Lease or which in the
ordinary course of events would be likely to result therefrom; plus (d) at District's
election, such other amounts in addition to or in lieu of the foregoing as may be
permitted from time to time by applicable State law. Upon any such re-entry
District shall have the right to make any reasonable repairs, alterations or
modifications to the Premises, which District, in its sole discretion, deems
reasonable and necessary. As used in (a) above, the "worth at the time of award"
is computed by allowing interest at the rate of ten percent (10%) per annum from
the date of default. As used in (b), the "worth at the time of award" is computed
by discounting such amount at the discount rate of the U.S. Federal Reserve Bank
at the time of award plus one percent (1%). The term "Rent," as used in this
Section, shall be deemed to be and to mean the Rent to be paid pursuant to Section
4 hereof and all other monetary sums required to be paid by Tenant pursuant to the
terms of this Lease.
(d) Cumulative Rights. All rights, options and remedies of District contained in this Lease,
including but not limited to the rights set out in Section 2(d) herein, shall be construed and held
to be cumulative, and no one of them shall be exclusive of the other, and District shall have the
right to pursue any one or all of such remedies and any other remedy or relief which may be
provided for by law or in equity, whether or not stated in this Lease. No waiver of any default
of Tenant hereunder shall be implied from any acceptance by District of any Rent or other
payments due hereunder or any omission by District to take any action on account of such default
if such default persists or is repeated, and no express waiver shall affect defaults other than as
specified in said waiver. The consent or approval of District to or of any act by Tenant requiring
District's consent or approval shall not be deemed to waive or render unnecessary District's
consent or approval to or of any subsequent similar acts by Tenant.
15. TENANT’S RIGHT TO TERMINATE
If, after reviewing the average selling price of beef cattle for the month of June as set out in Exhibit C,
Tenant determines that the Rent for the subsequent lease year will not enable Tenant to conduct an
economically viable grazing operation, Tenant shall have the right to terminate this Lease, effective at the
Commencement Date of the next lease year, by providing written notice to District at the address shown on
the Summary on or before August 15th of any lease year. In the event of such earlier termination by Tenant,
Tenant shall be allowed ninety (90) days following the receipt by District of written notice of termination
by Tenant in which to vacate the Premises in conformity with this Lease. In the event of such early
termination, Tenant’s sole claim against District shall be to a pro-rata refund of any grazing rent actually
paid in advance, if any such rent has been paid for the next lease year.
Attachment 3
16
16. SURRENDER OF PREMISES
Tenant agrees that upon termination of this Lease to promptly surrender the Premises and all appurtenances
to District in the same condition as when received, reasonable use, wear and tear, damage by fire, acts of
God or nature are an exception, and to remove all of Tenant's livestock and personal property from the
Premises.
17. ASSIGNMENT AND SUBLETTING
Pursuant to the provisions of Civil Code §1995.230, this Lease is personal to Tenant and may not be
assigned, sublet or otherwise transferred by Tenant, in whole or in part, in any manner whatsoever without
first obtaining the express written consent of District which may approve or disapprove such assignment,
sublease or other transfer in its sole discretion based on its review and assessment of the proposed
transferee’s experience with grazing, especially on public lands, general business experience and financial
stability on a level comparable to that of Tenant, and proposed transferee’s ability to competently and timely
perform all aspects of the Rangeland Management Plan.
18. INDEMNIFICATION
Tenant agrees to indemnify, protect, defend, and hold District harmless from and against any and all
claims, losses, damages, demands, liabilities, suits, penalties, costs, expenses (including, without
limitation, attorneys' fees), causes of action, claims and/or judgments arising out of or arising in
connection with any injury or damage to any person or property including, without limitation, District and
its directors, officers, employees, agents volunteers, and guests from any cause or causes whatsoever
while in, upon or in any way connected with this Lease, the Premises, or its appurtenances during the
Term of the Lease.
19. INSURANCE
Tenant agrees to obtain, and keep in force during the term of the Lease, all at Tenant's own cost and expense,
a policy or policies of Commercial General Liability Insurance and Business Auto Coverage insurance,
each in an amount of not less than $1,000,000.00 aggregate and per occurrence or accident for all covered
losses. Such policy or policies shall name District as an additional insured, and evidence of such
endorsement, by a duly executed Certificate of Insurance (ACORD 25-S, or a successor or comparable
form, subject to prior approval by District) shall be provided District within ten (10) days of execution
hereof and shall be updated thereafter as necessary. Each of the policies must contain a provision that such
policy will not be cancelled or materially changed without thirty (30) days prior written notice to District.
Tenant shall also comply with all applicable statutory worker compensation requirements. Upon request
by District, Tenant shall direct his insurer or insurance agent to furnish District with a copy of any policy
required by this Lease, certified to be a true and complete copy of the original.
20. ABANDONMENT
Tenant shall be deemed to have abandoned the Premises if Tenant fails to pay any rental amount due District
at the times or in the manner provided, fails to observe and perform any of the other covenants or conditions
of this Lease, where such failure to observe or perform continues for a period of fifteen (15) days after
written notice by District to Tenant, or ceases active grazing use of the Premises for a continuous period of
sixty (60) days during a Grazing Season. In the event Tenant is deemed to have abandoned the Premises,
Attachment 3
17
any prepaid Rent shall belong entirely to District and shall not be refunded, in whole or in part, to Tenant.
21. WAIVER OF RELOCATION BENEFITS
Tenant specifically waives any and all rights to relocation benefits or assistance that might otherwise be
available to Tenant upon termination of this Lease (for any reason or under any circumstances) including,
but not limited to, those authorized under California Government Code §7260 et seq. or otherwise.
22. UTILITIES
District shall have no responsibility or liability of any kind with respect to any utilities that may be on or
about the Premises. Tenant shall have the sole responsibility to locate such utilities and to protect them
from damage. Tenant shall make all arrangements directly with utility companies for delivery, and shall
timely pay for any and all utilities and services furnished to or used by Tenant, including without limitation,
gas, electric, water and telephone service for all deposits, connection, installation and usage charges.
23. NO RIGHT TO REPAIR AND DEDUCT
No residential tenancy is created by or permitted hereunder, and Tenant expressly waives the benefit of any
existing, or subsequently enacted or set out, law, judicial or administrative decision, that might otherwise
permit Tenant to make repairs or replacements at District’s expense, or to terminate this Lease because of
District’s failure to keep the Premises, improvements, or any part thereof, in good order, condition and
repair, or to abate or reduce any of Tenant’s obligations hereunder on account of the Premises or
improvements or any part thereof being in need of repair or replacement except as is specifically authorized
pursuant to Section 4 (c & d) hereof. Without limiting the foregoing, Tenant expressly waives the
provisions of California Civil Code §1932 or any similar laws with respect to the right of Tenant to terminate
this Lease.
24. GENERAL PROVISIONS
(a) Amendments; Entire Agreement. Neither this Lease nor any term or provision hereof may
be changed, waived, amended, discharged or terminated except by a written instrument signed
by the Parties hereto or as otherwise permitted hereunder. This Lease, including the Exhibits
hereto, contains the entire agreement between the Parties and supersedes all prior written or
oral negotiations, discussions, understandings and agreements. The Parties further intend that
this Lease shall constitute the complete and exclusive statement of its terms and that no
extrinsic evidence whatsoever (including prior drafts of this Lease or the Rangeland
Management Plan and any changes therefrom) may be introduced in any judicial,
administrative or other legal proceedings involving this Lease. Tenant hereby acknowledges
that neither District, nor District’s directors, officers, employees or agents, have made any
representations or warranties with respect to the Premises or this Lease except as expressly set
forth herein, and no rights, easements or licenses are or shall be acquired by Tenant by
implication or otherwise unless expressly set forth herein.
(b) Severability. If any provision of this Lease or the application thereof to any person, entity or
circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or
the application of such provision to persons, entities or circumstances other than those as to
which it is invalid or unenforceable, shall not be affected thereby, and each other provision of
this Lease shall be valid and enforceable to the fullest extent permitted by law.
(c) Time. Time is of the essence to every term and condition hereof to which time is a material
factor.
Attachment 3
18
(d) Governing Law and Venue. This Lease shall be construed pursuant to California law and
proper venue for all purposes shall be in the County of Santa Clara.
(e) Attorneys’ Fees; Costs of Suit. If legal action shall be brought by either of the parties, the
party prevailing in said action shall be entitled to recover from the party not prevailing shall
bear the costs of the suit and reasonable attorney's fees. For purposes of this Lease, reasonable
fees of attorneys employed by District shall be based on the fees regularly charged by private
attorneys with an equivalent number of years of experience in the subject matter area of the
law and actively practicing within the jurisdiction of District.
(f) Holding Over. Tenant specifically waives the provisions of Code of Civil Procedure
§1161(2). Any holding over after expiration of the Term with the express written consent of
District shall be construed to automatically extend the Term of this Lease only on a month-to-
month basis. All other terms, conditions and covenants of the Lease shall remain in effect
during the hold over period so far as applicable.
(g) Notices. Wherever this Lease provides for notices between the parties, or wherever the law
requires or gives the right of serving a notice, the same shall be in writing and either served
personally or sent by registered or certified mail, postage prepaid and addressed to the
appropriate party as shown in the Summary. District and Tenant may at any time, in the
manner provided herein, change the place or person designated for receiving notice.
IN WITNESS WHEREOF the parties hereto subscribe their names.
DISTRICT: TENANT:
Stephen E. Abbors, General Manager Vince Fontana
Date: Date:
Approved as to form: Attest:
____________________________________ ___________________________
Sheryl Schaffner, General Counsel Jennifer Woodworth, District Clerk
Date: _________________________ Date: ________________________
Attachment 3
EXHIBIT A
TO
GRAZING LEASE
Rangeland Management Plan
(under separate cover)
Attachment 3
20
EXHIBIT B
TO
GRAZING LEASE
PREMISES
Attachment 3
21
EXHIBIT C
TO
GRAZING LEASE
CALCULATION OF ANNUAL GRAZING RENT
The Lease Summary specifies the Rent to be paid by Tenant during the first lease year. For each lease
year thereafter, annual Rent shall be adjusted upward or downward based upon two factors:
1) The Grazing Capacity in AUMs authorized by District for the upcoming lease year.
2) An increase or decrease in the per AUM rental rate based upon whether the average
selling price of beef cattle is higher or lower than the average selling price for the
preceding year.
For the purpose of calculating the per AUM rental rate, the average selling price of beef cattle shall be
taken as the average selling price of Medium Frame No.1 Muscling Steers and Heifers, 500-800 lbs., as
reported by the Cattle Marketing Information Service, Inc. (Cattle-Fax) for the month of June prior to the
start of the new lease year. In the event that the average sales price of beef cattle is not obtainable in any
year from Cattle-Fax as now constituted, then the average sales price to be used in determining the rental
rate shall be obtained from some other authentic source to be selected by District as providing a
comparable price for this purpose.
EXAMPLE:
Assume the Grazing Capacity authorized by the District for the first lease year is as follows:
Property Name - xxx AUMs per month for x months (month - month) = xxx AUMS
Total Grazing Capacity = xxx AUMS
Per AUM Rent = $xx.xx
Rent for first lease year = xxx AUM X $xx.xx = $xx.xx
The total authorized AUMs for each upcoming lease year shall be established by the District on the basis
of the Grazing Capacity of the Premises as determined by District, and stocking levels shall be computed
by calculating the relative forage requirements of each of the kind or kinds of livestock intended to be
grazed on the Premises in any one grazing year, as expressed by the following conversion factors:
Type of Livestock Animal Unit Months (AUMs)
Adult Cow with Calf up to 6 months old 1.00
Attachment 3
22
Heifer or Steer, 2 years & older (1,000 lbs. or more) 1.00
Yearling to 2-year-old (750 to 1,000 lbs.) 0.75
Weaned Calf to Short Yearling (up to 750 1bs.) 0.50
Bull 1.00
Tenant shall use the Premises only for grazing the type of livestock permitted by District under the terms
of the Lease.
Attachment 3
23
Exhibit D:
Rangeland Management Activities and Responsibilities*
Rangeland Management Activities & Responsibilities:
Primary
Benefits:
Responsible Party:
Co
n
s
e
r
v
a
t
i
o
n
Li
v
e
s
t
o
c
k
Pr
o
d
u
c
t
i
o
n
La
n
d
o
w
n
e
r
Livestock Operator
Standar
d Lease
Term
Potential
Fee
Credit
Or
Comp
A. Infrastructure for Grazing Management, Grazing
Operations, and Related Stewardship
Essential infrastructure: Access roads, culverts and road
drainage, related parking and turnaround areas, livestock
handling and staging facilities, fencing, gates, cattle-guards,
and watering system/facilities: stockponds, spring-boxes,
wells, pumps, tanks, troughs and hardware,
foundations/armoring of tank/trough sites, wildlife escape
ramps
1. Develop (new or replace) essential infrastructure
(see above) of adequate quality for a viable grazing
operation following the Rangeland Management Plan
(Repeat such development when each element has
exceeded its expected lifespan)
X X X X
2. Maintain and clean existing essential infrastructure
(see above) of adequate quality.
X X
3. Maintain stockponds for both watering and habitat X X X X
4. Clear blocked culverts and drainage dips on dirt
access roads.
X X X
5. Maintain primary and other useful dirt access roads X X X X
6. Replace or repair infrastructure damaged due to
vehicle accidents and vandalism.
X X X X
7. Replace or repair all damage to infrastructure
caused by livestock.
X X
B. Grazing Management and Operations
1. Maintain health of livestock, remove individual
animals deemed “problems” or diseased livestock
X X X
2. Supervise Livestock Operator’s employees and
subcontractors
X X
3. Gather and handle livestock X X
4. Move livestock to designated locations or otherwise
to achieve the specified grazing objectives, other than
for “targeted grazing” (refer to #C.2)
X X
5. Patrol to assess and respond to infrastructure and
resource conditions and livestock escapes
X X X
Attachment 3
24
Rangeland Management Activities & Responsibilities:
Primary
Benefits:
Responsible Party:
Co
n
s
e
r
v
a
t
i
o
n
Li
v
e
s
t
o
c
k
Pr
o
d
u
c
t
i
o
n
La
n
d
o
w
n
e
r
Livestock Operator
Standar
d Lease
Term
Potential
Fee
Credit
Or
Comp
8. Be available and conduct rapid response to
emergency requests for assistance and maintenance,
or general visitor assistance
X X X
9. Patrol for site security, notify Skyline Area
Superintendent of trespass activity
X X X X
C. Conservation Services (for general land care, support
of the land’s “ecosystem services,” and conservation
purposes)
1. Remove/clean-up abandoned fence, equipment,
trash, and debris
X X X
2. Conduct targeted grazing or exclusion for
maintenance and enhancement of special habitats
(special-status plants or animals, riparian woodland,
ponds, wetlands, native grasses, or oaks).
X X X
3. Control of invasive plant, reduction of fire hazards,
and other special resource projects; activities might
include herbicide application, construction, manual
work, and specialized equipment work
X X X X
4. Conduct other activities not part of a “normal”
grazing lease for regular or one-time purposes
(construction, manual work, and specialized equipment
work)
X X X
5. Participate in educational events and visitor relations
organized by the Landowner
X X X X
D. Monitoring
1. Work assigned to Livestock Operator (per Grazing
Management Plan, Resource Management Plan, and
Habitat Management Plan)
X X X
2. Work assigned to Landowner (per Grazing
Management Plan, Resource Management Plan, and
Habitat Management Plan)
X X X X
3. Make general “naturalist” observations of sightings of
unusual animals, plants, natural events (weather,
wildflower displays, wildfires, new pest plant
infestations, insect infestations, landslides, tree-falls,
high/low streamflow, etc.) or other things of interest,
and provide periodic reports
X X X
E. Administration and Coordination
1. Manage lease and operations activity X X X
Attachment 3
25
Rangeland Management Activities & Responsibilities:
Primary
Benefits:
Responsible Party:
Co
n
s
e
r
v
a
t
i
o
n
Li
v
e
s
t
o
c
k
Pr
o
d
u
c
t
i
o
n
La
n
d
o
w
n
e
r
Livestock Operator
Standar
d Lease
Term
Potential
Fee
Credit
Or
Comp
2. Maintain appropriate insurance for liability and
workers compensation
X X
3. Manage Livestock Operator personnel X X
4. Coordinate with Landowner representative X X X X
5. Propose stewardship activities and negotiate lease
fee credit for those activities; prepare and review
annual and monthly stewardship work plans and
progress reports
X X X X
6. Project management and contract administration X X X X
7. Participate in administrative meetings with
Landowner to review monitoring results, including
compliance with lease and Landowner management
plans; review and recommend minor adjustments to
management activities as well as adaptations to the
formal management plans; plan subsequent year; and
complete required reports and other communications
X X X X
8. Consult to Landowner as requested on grazing
management, operations, infrastructure, planning,
monitoring, and conservation issues
X X X
* Thanks to Larry Ford and Sheila Barry (with contributions from D. Sweet, P. Van Hoorn, and M. Swisher) for the foundation information for this Rangeland
Management Activities and Responsibilities table as originally noted in their “Rangeland Management Activities by Livestock Operators and Landowners for
Grazing Leases of Conservation Lands” work.
Attachment 3
26
EXHIBIT E
TO
GRAZING LEASE
PROPOSED WORK FOR RENTAL CREDIT OR AS A CONTRACTOR
Date Submitted: Proposed Date of Completion:
(please attach a schedule)
Tenant:
Grazing Property (ex. Big Dipper):
Project Description:
Outside Contractor(s) (a copy of the contractor’s bid):
Total Estimated Contractor Costs:
Materials (include itemized list of materials needed to complete the project
and their cost; attach additional page(s), if necessary):
Total Estimated Materials Costs:
Labor (include name(s) of person(s) contributing labor, their estimated time
involved in the project, and their cost per hour per day):
Total Estimated Labor Cost:
Rental Equipment (include type of equipment needed, estimated rental time,
and cost per hour or day, include hourly rate of equipment operator if this is a
separate expense):
Total Estimated Rental Equipment Cost:
Total Estimated Project Cost: ___________
Attachment 3
27
EXHIBIT F
TO
GRAZING LEASE
Annual Work & Stocking Plan
Location:
Grazing Season:
Tenant:
ANNUAL STOCKING PLAN:
Current Stocking Rate:
Proposed Stocking Rate:
Grazing Season Challenges:
Grassland Goals:
ANNUAL WORK PLAN:
Proposed Projects for Rental Credit:
Proposed Projects for Compensation:
Proposed Projects for NRCS funding:
Requested Projects for District funding:
Proposed Schedule for Improvements:
Attachment 3
28
EXHIBIT G
TO
GRAZING LEASE
Monthly Stocking Report
Reporting Period:
Grazing Season AUM Rate:
Date in Date out No. of Livestock Type of Livestock Days on Pasture
________________________________________________________________________
Totals
Attachment 3
R-07-107
Meeting 07-23
October 24, 2007
AGENDA ITEM 2
AGENDA ITEM
Authorization to Amend the Use and Management Plan to Incorporate a Grazing Management
Plan and to Solicit Proposals from Potential Grazing Tenants for the Skyline Ridge Open Space
Preserve
GENERAL MANAGER’S RECOMMENDATIONS
1. Adopt a Use and Management Plan Amendment to incorporate a Grazing Management
Plan for the former Big Dipper and Silva/Kenyon Ranches area of Skyline Ridge Open
Space Preserve.
2. Authorize staff to solicit proposals from potential grazing tenants for the implementation
of the Grazing Management Plan.
3. Determine that the project is categorically exempt from the California Environmental
Quality Act (CEQA), based on the findings contained in this report.
BACKGROUND
The former Big Dipper and Silva/Kenyon Ranches (Ranches), totaling approximately 955 acres,
comprise the majority of the closed areas at Skyline Ridge Open Space Preserve. About a
quarter (240 acres) of the land area on the Ranches is rolling hillside grasslands, which have
been grazed by cattle since approximately the 1920’s. The contiguous properties were managed
as two separate ranches for much of the last century: the larger Big Dipper Ranch was operated
from the retained home site and from a separate barn higher on the property. The smaller upper
ranch, which in recent decades was owned by the Silva family who still own land located across
Alpine Road, was operated from a caretaker residence with adjacent corrals.
The District completed the purchase of the Ranches in November 2002, incorporating the
properties into Skyline Ridge Open Space Preserve and adopting Use and Management Plan
amendments over the following years. Grazing operations on the former Silva property ceased in
November 2000. On Big Dipper Ranch, the prior tenant continued some grazing use through
spring of this year. After replacement of the boundary fences and necessary repairs to water
sources, the District engaged a local rancher to continue grazing operations on the Ranches and
assist in evaluation of the rangeland infrastructure. This arrangement was a temporary and
limited operation, lasting from June through August of this year.
In addition to the various rangeland uses on the Ranches, as of August the District has been
leasing the former caretaker residence at the Silva property to a District staff member with
expertise in resource management. This person will be responsible for conducting portions of the
annual monitoring required for the grazing operation as well as assisting with day-to-day
monitoring and oversight as part of the rent for the residence.
Attachment 4
R-07-107 Page 2
DISCUSSION
Use and Management Committee Meeting
On August 30, 2007, the Use and Management Committee reviewed the Grazing Management
Plan for the Ranches as well as one for the Tunitas Creek Open Space Preserve. Thirteen
members of the community attended the committee meeting, which was held at the Skyline Area
Field Office and continued with site visits to the each of the subject properties. Staff reported on
the history of the properties and details of the Grazing Management Plan and gathered comments
from the Committee and from the public. The Committee recommended adopting an amendment
to the Comprehensive Use and Management Plan for Skyline Ridge Open Space Preserve to
implement a Grazing Management Plan for the portion of the Preserve formed by the Big Dipper
and Silva/Kenyon Ranches.
Grazing Management Plan
The Grazing Management Plan for the former Big Dipper and Silva/Kenyon Ranches is an
encompassing guide to conservation grazing that is customized to suit the management needs of
the Ranches. It includes a documentation of the natural resources of the site, an inventory and
assessment of infrastructure related to grazing operations, analysis of soils and rangeland
productivity, and baseline photo documentation of the Ranches. Further, the Grazing
Management Plan makes specific recommendations for number, type, distribution, and
movement of livestock on the property, as well as the necessary infrastructure and equipment
improvements to meet the District's resource management goals.
The District’s resource management goals for the Grazing Management Plan at the Ranches are
to manage the livestock grazing in a manner that is compatible with public access, maintain and
enhance the diversity of native plant and animal communities, manage vegetative fuel for fire
prevention, help sustain the local agricultural economy, and foster appreciation for the region’s
rural agricultural heritage. Specifically, the Grazing Management Plan calls for seasonal cattle
grazing in the late winter through early summer, rotating 30 to 60 head through the existing
pastures. A number of rangeland infrastructure improvements are recommended, including
upgrades to the network of water developments on the property and maintenance of fencing.
Further, a comprehensive plan for monitoring the Ranches, employing the National Resource
Conservation Service and UC Cooperative Extension standards for rangeland habitat health, is
outlined in the Grazing Management Plan.
The Grazing Management Plan is proposed not only as a portion of the Preserve’s
comprehensive Use and Management Plan, but serves also as the primary component of a
grazing lease. Through the Grazing Management Plan, a grazing tenant operating at the Ranches
will be aware of the District’s specific resource management goals and other important
expectations of the operator. In soliciting proposals from potential grazing tenants, the Grazing
Management Plan will serve as a key reference both for District staff and prospective tenants.
Grazing Tenant Solicitation Process
Should the Board approve this Agenda item, Staff will commence to release a request for
proposals from potential grazing tenants for the Ranches. A list of prospective grazing tenants
has been collected during the development of the Grazing Management Policy. This list will be
used to directly contact parties regarding the availability of grazing land at the Ranches.
Attachment 4
R-07-107 Page 3
Additionally, advertisements will be run in local newspapers and notices will be distributed to
local partner agencies such as the San Mateo County Resource Conservation District, Natural
Resources Conservation Service, San Mateo County Farm Bureau, and San Mateo County
Agricultural Advisory Committee. District staff will review proposals received from prospective
tenants and will select a potential tenant based on: (1) ability to best meet the District’s criteria
for experience; (2) ability to meet Resource Management goals; (3) a review of references,
potentially including a review of other properties managed by producer; and (4) the applicant’s
proposed lease price. In adherence to the District’s Grazing Management Policy, preference will
be given to local producers. Staff will return to the Board for authorization to award a lease to
the selected grazing operator.
PUBLIC NOTIFICATION
Property owners of lands located adjacent to and surrounding the subject property have been
mailed written notices of this proposed Use and Management Plan Amendment. Local
newspaper advertisements, written mailings to parties interested in the District’s resource
management program, and notices to potentially involved agencies and organizations were also
utilized in publicizing the proposed amendment. Additionally, surrounding property owners,
organizations and individuals with interest in the District’s resource management program, and
various coastside agencies and organizations were mailed a written notice of the Use and
Management Committee meeting at which the draft Grazing Management Plan was discussed.
The Ranches are not located in the Coastside Protection Program area.
CEQA DETERMINATION
The project is categorically exempt from the California Environmental Quality Act (CEQA)
under Sections 15301 and 15304 as follows:
Section 15301 exempts the operation, repair, maintenance, leasing, or minor alteration of
existing structures, facilities, or topographical features not expanding existing uses.
Section 15304 exempts minor alterations in the condition of land, water, or vegetation that do
not affect sensitive resources.
Prepared by:
Stella Cousins
Open Space Planner I
Kirk Lenington
Resource Planner II
Contact Person:
Kirk Lenington
Resource Planner II
Attachment 4
R-07-135
Meeting 07-27
December 12, 2007
AGENDA ITEM 1
AGENDA ITEM
Authorization to Award Grazing Lease for the Big Dipper Grazing Unit at Skyline Ridge Open
Space Preserve
GENERAL MANAGER’S RECOMMENDATION
Approve the attached Resolution authorizing the General Manager to award a five-year grazing
lease to Vince Fontana for the Big Dipper grazing unit on the terms and conditions set forth in
the attached Grazing Lease.
DISCUSSION
At your meeting of October 24, 2007, the Board adopted an amendment to the Comprehensive
Use and Management Plan for Skyline Ridge Open Space Preserve that incorporated a Grazing
Management Plan for the former Big Dipper and Silva/Kenyon ranch properties (referred to here
as the Big Dipper Grazing Unit). In addition, you authorized staff to implement the Grazing Plan
by soliciting proposals from potential grazing tenants.
A Request for Proposals and Qualifications (RFP) for a grazing tenant was announced on
October 26th. The RFP was mailed to 21 prospective tenants from a list that had been compiled
over the past year during the development of the Grazing Management Policy. Notices were also
mailed to local partner agencies, including the San Mateo County Resource Conservation
District, Natural Resources Conservation Service, San Mateo County and Santa Clara County
Farm Bureaus, and the San Mateo County Agricultural Advisory Committee. Two prospective
grazing tenants, Bob Meehan and Vince Fontana, attended a November 13th pre-proposal site
tour, and both of them submitted proposals by the November 19th deadline. No other proposals
were received.
The RFP evaluation panel included staff from Operations, Planning, and Real Property
Departments. The two proposals were evaluated on the basis of four primary criteria: 1)
demonstrated experience in cattle operations and rangeland management, 2) ability to perform
services and partner with the District in meeting land management objectives, 3) the applicant’s
proposed stocking plan and work program, and 4) the rent amount offered. Each of these criteria
was assigned a maximum possible numerical score. Each evaluator separately scored the
proposals; these scores were then tallied to determine the selected proposal. The evaluation
process included phone interviews with references provided by each applicant, as well as field
meetings to discuss each applicant’s current grazing lease operations.
Both applicants have the necessary qualifications to run a grazing operation consistent with the
Grazing Plan and the District’s resource management objectives. Both are local operators with
Attachment 5
R-07-135 Page 2
years of experience and familiarity with coastside ranching in San Mateo County. Consequently,
the proposals scored closely overall. The proposal submitted by Vince Fontana received the
highest scoring, and staff recommends the Board approve the award of the Grazing Lease to Mr.
Fontana.
LEASE TERMS AND CONDITIONS (refer to template Grazing Lease)
The lease terms is for five (5) years, extendable for an additional five (5) years at the District’s
election on the terms and conditions set forth in the Grazing Lease. First year rent will be
$2,000.00, with annual adjustments thereafter to reflect any adjustments in authorized grazing
capacity as well as changes in the market price of beef cattle from year to year. Rent credit for
performance of work by the tenant may be granted on a case-by-case basis for authorized
improvements to the ranch infrastructure such as installation of new fencing or improvements to
the cattle watering system. The tenant is responsible for routine maintenance of existing ranch
infrastructure. The District is responsible for maintaining the interior ranch roads to a District
standard.
The grazing season for the Big Dipper grazing unit will typically run from February 1st through
June 30th. The length of the grazing season and the authorized grazing capacity may be modified
at any time at the sole discretion of the District depending on changes in range conditions. The
tenant is required to manage and operate the grazing unit according to the prescriptions and
range management practices set forth in the Grazing Plan.
CEQA COMPLIANCE
The award of a grazing lease for the Big Dipper Grazing Unit was anticipated in the Board’s
previous action on October 24, 2007 adopting a Grazing Management Plan for the property and
authorizing staff to solicit bids from potential tenants to implement the Grazing Plan. The
Board’s CEQA determination at that time therefore covers the award of a Grazing Lease, and no
further CEQA action is required for the award being recommended in this Report.
PUBLIC NOTIFICATION
Copies of the Board Agenda and this Board Report have been mailed to the partner agencies
listed in this Report. A copy of the Board Agenda was mailed to property owners of land located
adjacent to or surrounding the Big Dipper grazing unit.
Report prepared by:
Michael Reeves, Real Property Specialist
Map prepared by:
Stella Cousins, Planner I
Contact Person:
Michael Reeves, Real Property Specialist
Attachment: Exhibit A
Attachment 5
R-07-135 Page 3
RESOLUTION NO. _____
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
APPROVING THE AWARD OF A GRAZING LEASE TO VINCE FONTANA
(BIG DIPPER GRAZING UNIT)
(SKYLINE RIDGE OPEN SPACE PRESERVE)
The Board of Directors of the Midpeninsula Regional Open Space District does resolve
as follows:
Section One. The District may, under the provisions of Section 5540 of the Public
Resources Code, lease property owned by the District, and the Board of Directors hereby finds
that the lease of a portion of the former Big Dipper and Silva/Kenyon properties for grazing and
range management purposes is compatible with park and open space purposes, and finds the
lease of such premises (referred to as the Big Dipper Grazing Unit) to be in the public interest on
the terms hereinafter set forth.
Section Two. The Board of Directors does hereby approve the Grazing Lease between
the Midpeninsula Regional Open Space District and Vince Fontana, a copy of which is attached
hereto and by reference made a part hereof, and does hereby authorize the General Manager to
execute said Grazing Lease on behalf of the District. The General Manager, with the
concurrence of the General Counsel, is authorized to make minor changes to the Grazing Lease
that do not materially amend the terms and conditions thereof.
Section Three. The General Manager is authorized to grant an extension of the Grazing
Lease on the terms and conditions set forth in the Grazing Lease. The General Manager shall
report any such extension of the Grazing Lease to the Board of Directors at the Board meeting
immediately following the granting of the extension. The General Manager or the General
Manager’s designee is further authorized to sign and approve all other documents necessary or
appropriate to entering into the Grazing Lease.
* * * * * * * * * * * * * * * * * * *
Attachment 5
R-18-30
Meeting 18-13
March 28, 2018
AGENDA ITEM 5
AGENDA ITEM
Change in Purchasing Card Service Provider
ACTING GENERAL MANAGER’S RECOMMENDATION
Adopt a Resolution authorizing the Acting General Manager or his/her designee to change the
current purchasing card service provider and issue new credit cards accordingly.
SUMMARY
The Midpeninsula Regional Open Space District (District) currently has its purchasing card
program with Bank of the West via the California Special Districts Association (CSDA).
However, CSDA is changing to Umpqua Bank, which prompted staff to review the purchasing
card program and identify potential improvements. The District’s current commercial banking
provider, Wells Fargo Bank, offers a purchasing card program with extensive on-line reporting,
workflow, and integration capabilities. The Acting General Manager recommends rescinding the
Board’s previous authorization to issue purchasing cards via Bank of the West and authorizing the
Acting General Manager to issue new purchasing cards from Wells Fargo. The District would
continue to operate the purchasing card program consistent with Administrative Policy 4.02.
DISCUSSION
Purchasing card programs are a commercial bank tool used to pay bills and purchase goods and
services. With such a program, the District has several methods at its disposal to pay bills: cash,
check, wire, direct deposit/ACH, and purchasing card. Particularly for smaller purchases, remote
locations, over-the-counter permit fees, and parts or materials necessary during the course of
normal business (e.g. during construction activities), the purchasing card is a very efficient and
effective method of payment, reduces paperwork for employee reimbursement, and enables staff
to have quick access to goods to maintain workflow and project momentum. The proposed
resolution (Attachment 1) authorizes the General Manager to issue purchasing cards through the
District’s commercial bank, which is currently Wells Fargo. The purchasing card program will
continue to be managed in accordance with Administrative Policy 4.02 (Attachment 2). The
Finance Department has centralized access to the proposed Wells Fargo corporate purchasing
card program and will have the ability to administer it via a web portal.
The District has maintained a purchasing card program for more than 15 years, currently with
Bank of the West via the CSDA, and prior with First National Bank of Omaha. The CSDA
recently informed the District that it is moving the program to Umpqua Bank effective April 30,
2018.
R-18-30 Page 2
After studying the options for a more efficient purchasing card provider for the District, the
Acting General Manager recommends using the District’s current commercial bank, Wells
Fargo, for purchasing card services. The District established its relationship with Wells Fargo as
its bank on May 22, 1974 via Resolution 74-12 (Attachment 3).
The Wells Fargo electronic banking platform is more advanced than our current provider’s
platform. In addition to the current features, such as the ability to manage the card limits and
spending categories, the Wells Fargo system also provides the following online and electronic
features to streamline the credit card management process and reduce recordkeeping:
• Reconcile card purchases on-line
• Attach pictures of receipts to the reconciliation
• Electronic approval and validation of reconciled statements
• Electronic download of purchases to the General Ledger
• Request and process non-card employee reimbursements
Setup fees are waived, as are transactional fees, provided the District maintains a certain level of
activity:
• District is required to maintain 10 or more cards at all times
• Minimum net purchase volume of $40,000 per month
• Average transaction size of $200
The District’s credit card activity pattern for the past six months indicates that the District would
meet the above-listed requirements for a fee waiver.
The District will receive an annual rebate from Wells Fargo of 80 basis points (0.008%) if the
spend is from $800,000 to $999,999 and a rebate of 100 basis points (1.000%) for annual spend
of $1,000,000 or more. The Wells Fargo program also offers the same ancillary benefits as the
Bank of the West program, such as employee fraud protection, rental car collision damage
waiver, travel protection, and emergency card replacement.
Rescinding the authorization under previous Board Resolutions (Attachment 4) ends the use of
Bank of the West as the District’s purchasing card program service provider and removes the
outdated spending limits and list of District personnel eligible to carry a card as designated in
prior Board actions. The most up to date policy describing the District’s use of the corporate
purchasing card program, including the authorization limits for District personnel, is set forth in
Administrative Policy 4.02. With the annual affirmation by the Board of certain financial
policies, such as the Investment and the Disclosure Policies, a new Financial Instruments Policy
will be brought forward to the Board later this year to formalize the management of the
purchasing card program.
COMMITTEE REVIEW
No Board Committee previously reviewed this item.
R-18-30 Page 3
FISCAL IMPACT
The proposed Resolution does not impact the Fiscal Year 2017-18 budget. However, the use of
the Wells Fargo credit card will reduce staff time spent on recordkeeping and reconciliation, and
increase the annual rebate revenue.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act. No additional notice is required.
CEQA COMPLIANCE
No compliance is required as this action is not a project under CEQA.
NEXT STEPS
Following Board approval, the Acting General Manager or his/her designee will terminate the
credit card program with Bank of the West and enter into a new agreement with Wells Fargo
Bank.
Attachments:
1. Resolution rescinding Resolutions R-13-18, R-05-31, R-03-33, and others pertaining
to credit card programs, and authorizing the General Manager to operate the credit
card program consistent with Administrative Policy 4.02
2. Administrative Policy 4.02
3. Resolution R-74-12 authorizing Wells Fargo as the District’s depository bank
4. Resolutions R-13-18, R-05-31, and R-03-33
Responsible Department Head:
Stefan Jaskulak, Chief Financial Officer
Prepared and reviewed by:
Andrew Taylor, Finance Manager
Attachment 1
Resolutions/2018/R-18-__RescindCreditCardResolutions 1
RESOLUTION 18-__
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT RESCINDING
RESOLUTIONS R-13-18, R-05-31, AND R-03-33, AND ANY OTHERS
PERTAINING TO DISTRICT CREDIT CARD PROGRAMS, AND AUTHORIZING THE GENERAL MANAGER TO ENTER INTO A CREDIT CARD AGREEMENT WITH THE DISTRICT’S COMMERCIAL
BANK
WHEREAS, the Midpeninsula Regional Open Space District (“District”) has enjoyed the
benefits of a credit card program for many years; and
WHEREAS, the Board previously authorized such credit card programs through
Resolutions, including but not limited to Resolution 13-18 and Resolution 05-31; and
WHEREAS, the District wishes to discontinue its current credit card agreement with Bank
of the West via the California Special Districts Association (R-13-18); and
WHEREAS, the Board desires to authorize the General Manager to issue credit cards with
the District’s commercial bank.
The Board of Directors of Midpeninsula Regional Open Space District does hereby
resolve as follows:
NOW THEREFORE, BE IT RESOLVED THAT:
1. The Board of Directors hereby rescinds Resolutions R-13-18, R-05-31, R-03-33, and
any others pertaining to District credit card programs.
2. The Board of Directors hereby authorizes the District’s General Manager or his/her
designee to implement a credit card program with the District’s commercial bank.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on ______, 2018, at a regular meeting thereof, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
Attachment 1
Resolutions/2018/R-18-__RescindCreditCardResolutions 2
Secretary
Board of Directors
President
Board of Directors
APPROVED AS TO FORM:
General Counsel
I, the District Clerk of the Midpeninsula Regional Open Space District, hereby certify
that the above is a true and correct copy of a resolution duly adopted by the Board of Directors
of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly
held and called on the above day.
District Clerk
District-Issued
Credit Card Policy and
Procedures
Effective Date: 03/01/16
Prior Versions: 02/05/14
Supersedes AP-04-04, AP-99-03
Purpose
Administrative Procedure Manual
Chapter 4 -Fiscal & Budget
Procedure 4.02
Responsible Department: Administration
Attachments:
1. Employee Agreement Regarding
Use of District-Issued Credit Cards
The purpose of this policy is to provide direction and instructions on the proper use of District
credit cards for purchases of supplies, materials, equipment, travel, and all other District
expenses, not to exceed individual limits, defined by position, as established by the District's
General Manager and within the Board approved District budget.
Policy
A purchasing credit card may be issued to District staff for the purpose of conducting District
business, based on functional need, as authorized by the General Manager or designee.
I. General Guidelines for Credit Cards
A. The credit card will have the employee's name and District name on the card.
B. Authorization to use District credit cards is restricted to the individual card holder. It
may not be delegated to another employee.
C. The card is to be used for official business and may not be used for personal purchases
at any time.
D. When receiving a credit card, the employee will receive a copy of the certification and
receipt of credit card which indicates the maximum dollar amount of each single
purchase and a total for all purchases made with the credit card within a given month
(i.e. credit limit). The single purchase limit is the expenditure authorization limit for that
employee. The monthly credit limit, in most cases, will be at or below the expenditure
authorization limit.
E. The General Manager will establish the card holders and credit limits.
F. Each single purchase may be comprised of multiple items, but the total, including tax,
cannot exceed the employee's purchasing authority, as outlined in the Public Contract
Bidding, Vendor, Professional Consultant Selection and Purchasing policy.
G. One-time purchases exceeding the cardholder's limit must be approved by the
Department Manager and the Administrative Services Manager, up to $10,000, via an
email or other written request. One-time expenditures exceeding $10,000 must be
approved by the Assistant General Manager. Approvals will be forwarded to Accounting
for processing.
Administrative Procedure 4 .02 Page lof4
Attachment 2
H. The issuance of a credit card in the employee's name shall not allow the credit card
company to perform any credit check on the employee's personal credit. The credit
card company shall not request any personal information from the employee , nor
should any personal information be furnished.
I. No District credit cards shall be issued to individual members of the District's Board of
Directors.
II. Credit Card Authorization
A. The General Manager shall determine which positions are issued a District credit card
and the credit limit for the card. The Administrative Services Department will maintain
the list of approved cardholders and their card limits. Requests for additional cards
must be submitted by the Department Manager, approved by the Assistant General
Manager, and forwarded to the General Manager or designee for approval.
III. Procedures
A. Cardholders will complete the following steps with each purchase:
1. Obtain a receipt from the vendor that includes the vendor name, date, item(s)
purchased, and total sale (including tax and shipping).
2. Upon receipt of monthly credit card account statement, write the charge account on
each receipt and, if applicable, the project code.
3. Submit statement and receipts to supervisor and Department Manager for approval.
4. Department Manager reviews and initials the statement and submits approved
statement and receipts to the Department's Administrative Assistant, if applicable.
5. Department Manager or Administrative Assistant submits statement and receipts to
Accounting for payment.
B. One-time adjustments to credit card limit:
1. Cardholder shall submit a written request to Department Manager to increase
his/her monthly credit card limit on a one-time basis. The request must include:
a. The item to be purchased and its cost;
b. Justification for the purchase;
c. The amount by which the credit card limit is requested to be increased.
2. If approved by Department Manager, the request is forwarded to the Administrative
Services Manager.
3 . If approved by the Administrative Services Manager, the request is forwarded to
Accounting or, if the cost exceeds $10,000, the request is forwarded to the Assistant
General Manager or the General Manager.
4 . Accounting will increase the cardholder's limit, on a one-time basis, via the credit
card bank's online service portal.
5. Accounting will notify the cardholder once the credit limit has been increased.
Administrative Procedu re 4.02 Page 2 of 4
Attachment 2
C. Gasoline Credit Cards
Any employee of the District may utilize District gasoline credit cards, for use only in
District vehicles for District purposes. (If an employee is driving his/her personal vehicle
for District business, he/she should submit a mileage reimbursement form.) For each
gasoline purchase made on the credit card, the staff member shall obtain a receipt and
complete a "Gas Credit Card Purchase" form .
D. Vendor Specific Credit Cards
The District maintains vendor specific credit cards with various vendors (e.g., Home
Depot, Orchard Supply). Any employee of the District may utilize the District's vendor
specific credit cards when authorized by their supervisor for purchases needed by the
District for products and supplies. For each purchase made on the vendor specific credit
card, the staff member shall obtain a receipt and complete a Purchase Order.
IV. Disputes
When items purchased with the credit card are found to be defective, the cardholder has
the responsibility to return the item(s) to the merchant for replacement or to receive a
credit on the purchase. If the merchant refuses to replace or correct the faulty item, then
the purchase of this item will be considered to be in dispute and will not be paid for until
resolved.
A disputed item must be noted on the cardholder's Statement of Account so it will not be
paid until the problem is resolved and the credit card bank should be notified immediately
of such dispute .
V. Request For Additional Cards
Requests for additional cards for new cardholders shall be submitted in writing, by the
Department Manager, via the appropriate Assistant General Manager, to the General
Manager or his/her designee and shall include justification for the additions.
VI. Lost/Stolen Credit Cards
Should any employee lose or have his/her purchasing credit card stolen, it is his/her
responsibility to contact the credit card company immediately. The employee must also
notify Accounting and the Department Manager or his/her designee of the theft/loss within
one (1) working day.
The employee shall provide the credit card number, full name, the date reported to the
police if stolen, date the credit card company was notified, and any purchases made the day
the card was stolen or lost to Accounting .
Ad min istrative Proce du re 4 .02 Page 3 of4
Attachment 2
VII. Separation Of Employment
Employees that are separating from service with the District must turn in the District-issued
credit card to Human Resources prior to or on the last day of employment. Human
Resources will forward the card to Accounting who will notify the card company of the
employee's separation of service and destroy the credit card.
VIII. Card Restrictions
A. Credit cards shall not be used to receive any cash advances, wire transfers, money
orders, etc.
B. Cards may not be used to purchase items for which the District has purchase discount
agreements, unless for an emergency situation.
C. Cards may not be used to purchase meals during business travel. A per diem amount for
the days traveling shall be issued to the employee in advance of the travel, or after
travel is complete where advance payment is not practicable.
D. Additional restrictions may be applied by the General Manager as appropriate.
IX. Misuse Of Card
Misuse of the credit card or noncompliance with this policy as determined by the General
Manager shall result in the immediate revocation of the credit card and all its privileges.
Misuse may also result in employee discipline up to and including termination.
General Manager's Signature:
Dated:
Related Policies and Procedures: Administrative Procedure 4.05 Money Management
Procedures; Administrative Procedure 4.06 Trave/~ Lodging~ and Meal Reimbursements;
Administrative Procedure 4.08 District-paid Food Purchases
Administra tive Procedure 4.02 Page 4 of 4 .
Attachment 2
Administrative Policy 4.02
Attachment 1
Employee Agreement Regarding Use of District-Issued Credit Cards
The Midpeninsula Regional Open Space District (the "District"), through Bank of the West, will
issue credit cards to certain employees for use in their jobs. The District-Issued Credit Card
Policy and Procedures sets out the acceptable and unacceptable uses of such credit cards.
Use of District-issued credit cards is a privilege, which the District may withdraw in the event
of serious or repeated abuse.
I, , hereby certify that I have read, understand, and agree to adhere to
the District-Issued Credit Card Policy and Procedures. I agree to use the credit card for
District business only. I agree that if I make any transactions in violation of the policy, i.e.,
incur financial liability on the District's part that is not within the scope of my duties, my
authorization to make business-related purchases, or use the card for personal purchases, I
am financially responsible for any such expenses and agree to reimburse the District for such
amounts until the unauthorized amounts are fully repaid. I may reimburse the District with
cash or check or I may elect to have that amount deducted from my next paycheck, and if
there is a balance remaining after such deduction, the District may deduct the balance of the
wage advance from my future paychecks until the amount is repaid in full. Such deductions
will be in the amount of the unauthorized purchase( s), but if such amount would take my pay
below minimum wage for the workweek in question, the deductions will be in two or more
equal increments that will not take my pay below minimum wage for any workweek involved.
I have read the District-Issued Credit Card Policy and Procedures Administrative Policy and
understand that misuse of the District-issued credit card may result in disciplinary action up to
and including termination.
Signature of Employee Date
Employee's Name -Printed
Attachment 2
Attachment 3
Attachment 3
Attachment 4
Attachment 4
Attachment 4
Attachment 4
Rev. 1/3/18
R-18-29
Meeting 18-13
March 28, 2018
AGENDA ITEM 6
AGENDA ITEM
Urban Greening Grant Submittal for the Ravenswood Bay Trail Connection Project
ACTING GENERAL MANAGER’S RECOMMENDATION
Adopt a resolution approving an application to the Urban Greening Grant Program for the
Ravenswood Bay Trail Connection Project.
SUMMARY
The Urban Greening Grant Program is a competitive grant program funded through the State of
California’s Greenhouse Gas Reduction Fund. Its purpose is to support development of green
infrastructure projects that reduce greenhouse gas emissions and provide multiple benefits. This
year, $24.7 million is available through the program. The Ravenswood Bay Trail Connection
Project is a competitive project for this grant. Approval of a Resolution by the Board of Directors
(Board) is required for application submittal to certify that funds are available to complete the
project. The total cost for the Ravenswood Bay Trail Connection Project is $3.6 million, and the
request for the Urban Greening grant will be $1,500,000 (42%). The remaining funding will
come from two other secured grants (San Mateo County and Santa Clara County) and from
Measure AA (#02-002).
DISCUSSION
The Urban Greening Grant Program was created in support of AB 32, the California Global
Warming Solutions Act of 2006, and is funded through the Greenhouse Gas Reduction Fund.
The program’s purpose is to support development of green infrastructure projects that reduce
greenhouse gas emissions and provide multiple benefits. Consistent with AB 32, the Urban
Greening Program will competitively fund projects that reduce greenhouse gases through carbon
sequestration, decrease energy consumption, and reduce vehicle miles traveled, while
transforming the built environment into places that are more sustainable, enjoyable, and support
healthy and vibrant communities. This is the second grant round for this program, and a total of
$24.7 million is available this year, with no grant minimum or maximum award amounts.
Projects must be completed in five years.
The Ravenswood Bay Trail Connection Project is competitive for funding under this grant.
Closing a critical commuting gap in the San Francisco Bay Trail in San Mateo County will open
up 80 miles of continuous Bay Trail connecting Menlo Park to the north, Mountain
View/Sunnyvale/Santa Clara to the south, and across the Dumbarton Bridge to the East Bay. The
project will construct 0.6 miles of new paved trail, boardwalk, and bridge to close the gap and
0.7 miles of re-paved existing Bay Trail adjacent to Ravenswood Open Space Preserve. Eligible
R-18-29 Page 2
projects must demonstrate a net greenhouse gas emission benefit and provide multiple other
benefits, including at least one of the following: sequester and store carbon by planting trees,
reduce building energy use by planting trees, or reduce vehicle miles traveled by constructing
bicycle paths or pedestrian facilities. The Ravenswood Bay Trail Connection Project (Project)
will reduce vehicle miles traveled, resulting in significant greenhouse gas emission reductions.
A priority consideration for this grant is whether projects are located within disadvantaged or
low-income communities, or will directly benefit disadvantaged communities. The Project is
located within a low-income community and is within ½ mile of a disadvantaged community.
Other priority considerations for funding include partnerships with local community
organizations and use of existing public lands. The Ravenswood Bay Trail Connection Project is
competitive due to its cooperation and partnership with the San Francisco Public Utilities
Commission, City of Menlo Park, and City of East Palo Alto, as well as its adjacency to
Ravenswood Open Space Preserve.
To date the Ravenswood Bay Trail Connection Project has secured grant funding from San
Mateo County ($1,000,000) and Santa Clara County ($400,000) for design and engineering,
permitting, and construction. The estimated three-year project costs are approximately $3.6
million. If successful, the Urban Greening Grant would contribute $1,500,000 towards
construction costs, totaling 40% of the total project cost estimate. The remaining funds not
covered by grants (approximately $868,000) would be covered by the District’s Measure AA
funds. District staff will submit permits for this project in March 2018, with construction
expected to begin in September 2019 and be completed by January 2020.
Grant Requirements
If awarded, the District must adhere to the grant agreement set forth by the California Natural
Resources Agency (CNRA). This includes a commitment to execute the project within five years
and ensure compliance with the California Environmental Quality Act and other applicable
laws. CEQA compliance has been met (refer to CEQA Compliance section) and the project is
projected to be completed in January 2020. In addition, the District would submit regular
projects updates to the CNRA as part of grant reimbursement requests and maintain proper
financial accounting. The District would be required to post signs acknowledging the source of
the funds and commit to maintaining the project for a specified time period depending on the
awarded amount (at least 20 years for up to $1,000,000 and at least 25 years for over
$1,000,000). Thirty percent of projects will be required to provide an annual project outcome
report for up to three years after project completion.
The attached Resolution (Attachment 1) authorizes the Acting General Manager to submit the
application and certifies that sufficient funds are available to execute this project.
FISCAL IMPACT
Award of an Urban Greening grant would represent a positive fiscal impact for the District, for a
total of $1,500,000, beginning in Fiscal Year (FY) 2018-19. Three-year total costs for the
Ravenswood Bay Trail Connection Project are estimated to be $3.6 million. The District was
awarded grants from San Mateo County ($1,000,000) and Santa Clara County ($400,000), with
the District contributing the remaining balance through Measure AA funds.
R-18-29 Page 3
The following table outlines the MAA02-002 Ravenswood Bay Trail Design and
Implementation budget and costs-to-date. The total grant-funded amount shown below includes
the $1,500,000 Urban Greening grant, assuming the application is successful.
PREVIOUS
YEARS
FY2017-18 FY2018-19 FY2019-20 Total
MAA02-002
Budget
- $224,000
$240,500 $3,199,000 $3,663,500
Spent–to-Date (as of
02/26/18):
$252,667 $116,682 N/A N/A $369,349
Encumbrances: $0 $85,327 $0 $0 $85,327
Budget Remaining: $0 $21,991 $0 $0 $3,208,824
San Mateo County
grant income
$104,338 $200,000 $200,000 $495,662
$1,000,000
County of Santa
Clara grant income
$0 $0 $0 $400,000 $400,000
Urban Greening
grant (Proposed):
$0 $0 $0 $1,500,000 $1,500,000
Sub-total Grant
income
$104,338 $200,000 $200,000 $2,395,662 $2,900,000
Amount Funded
through MAA:
$148,329 $24,000 $40,500 $803,338 $1,016,167
The following table outlines the Measure AA Portfolio 02 budget, costs-to-date, and the fiscal
impact related to MAA02-002. The grant-funded amount below includes the $1,500,000 Urban
Greening grant assuming the application is successful.
MAA 02 Portfolio Appropriation $ 5,052,000
Life-to-Date Spent, net of grant income received (02/28/2018): $282,615
Encumbrances FY 2017-18: $252,330
Future CIP for 2018-19 and 2019-20 $3,439,500
Sub-total Portfolio Balance $1,077,555
Urban Greening grant (Proposed): $1,500,000
Secured grant funding other sources remaining for reimbursement for Measure
AA 02:
$1,170,379
Balance Remaining, Net of Grant Funds (Proposed): $3,747,934
BOARD COMMITTEE REVIEW
This item was not previously reviewed by a Board Committee.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act.
R-18-29 Page 4
CEQA COMPLIANCE
Submitting grant applications to secure funding is not subject to the California Environmental
Quality Act. The Ravenswood Bay Trail Connection Project however, is subject to CEQA. An
Initial Study/Mitigated Negative Declaration (ISMND) was prepared to evaluate whether there
was the potential for any significant adverse environmental impacts to result from
implementation of the Project. The ISMND was circulated for public and agency review, and the
Board certified the ISMND on November 16, 2016.
NEXT STEPS
If approved, the District will include the Board-adopted Resolution in the grant application,
which staff will submit in April. Next steps for the Project include:
• Finalize the grant application by April 11, 2018
• Project construction is anticipated to begin Summer 2019
• Project completion is projected for January 2020
Attachment:
1. Resolution approving the District’s grant application for the Urban Greening Grant
Program
Responsible Department Head:
Stefan Jaskulak, CFO/Director of Administrative Services
Jane Mark, AICP, Planning Manager
Prepared by:
Melanie Askay, Grants Specialist
Gretchen Laustsen, Planner III
Contact person:
Melanie Askay, Grants Specialist
Resolutions/2018/R-18-__UrbanGreeningProgram 1
RESOLUTION 18-__
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING
THE APPLICATION FOR GRANT FUNDS FOR CALIFORNIA CLIMATE
INVESTMENTS URBAN GREENING PROGRAM
WHEREAS, the Legislature and Governor of the State of California have provided funds
for the program shown above; and
WHEREAS, the California Natural Resources Agency has been delegated the
responsibility for the administration of this grant program, establishing necessary procedures;
and
WHEREAS, said procedures established by the California Natural Resources Agency
require a resolution certifying the approval of application(s) by the applicant’s governing board
before submission of said application(s) to the State; and
WHEREAS, the applicant, if selected, will enter into an agreement with the State of
California to carry out the Project.
NOW, THEREFORE, the Board of Directors of Midpeninsula Regional Open Space
District does hereby resolve as follows:
1. Approves the filing of an application for the Ravenswood Bay Trail Connection Project.
2. Certifies that applicant understands the assurances and certification in the application.
3. Certifies that applicant will have sufficient funds to operate and maintain the project
consistent with the land tenure requirements; or will secure the resources to do so.
4. Certifies that it will comply with the provisions of Section 1771.5 of the State Labor
Code.
5. If applicable, certifies that the project will comply with any laws and regulations
including, but not limited to, legal requirements for building codes, health and safety
codes, disabled access laws, environmental laws and, that prior to commencement of
construction, all applicable permits will have been obtained.
6. Certifies that applicant will work towards the Governor’s State Planning Priorities
intended to promote equity, strengthen the economy, protect the environment, and
promote public health and safety as included in Government Code Section 65041.1.
7. Appoints the General Manager, or designee, as agent to conduct all negotiations, execute
and submit all documents including, but not limited to applications, agreements, payment
requests and so on, which may be necessary for the completion of the aforementioned
project(s).
Attachment 1
Resolutions/2018/R-18-__UrbanGreeningProgram 2
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional
Open Space District on ______, 2018, at a regular meeting thereof, by the following roll call
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
Secretary
Board of Directors
President
Board of Directors
APPROVED AS TO FORM:
General Counsel
I, the Deputy District Clerk of the Midpeninsula Regional Open Space District, hereby
certify that the above is a true and correct copy of a resolution duly adopted by the Board of
Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting
thereof duly held and called on the above day.
Deputy District Clerk
Attachment 1
R-18-33
Meeting 18-13
March 28, 2018
AGENDA ITEM 7
AGENDA ITEM
Appointments to the Real Property Committee and Administrative Office Development Ad Hoc
Committee
BOARD PRESIDENT’S RECOMMENDATION
Approve the Board President’s amended appointments to the Real Property Committee and
Administrative Office Development Ad Hoc Committee.
SUMMARY AND DISCUSSION
Every year, the newly elected Board President appoints members to each of the Board’s standing
committees and the Governing Board of the Midpeninsula Regional Open Space District
Financing Authority (“Authority”) and act as District representative on outside bodies. The
Board Policy on Committees (1.04) states that the Board President makes these appointments
with the consent of the Board. At the January 24, 2018 Board meeting, President Cyr appointed
the following directors to serve on the Real Property Committee: Nonette Hanko, Larry Hassett,
and Yoriko Kishimoto. At the March 14, 2018 Board meeting, President Cyr appointed Directors
Jed Cyr, Yoriko Kishimoto, and Pete Siemens to serve on the newly formed Administrative
Office Development Ad Hoc Committee.
President Cyr has determined that given Director Hassett’s past experience in serving on the
2016-17 Facilities Ad Hoc Committee that studied options for a new administrative office
building, his knowledge would be a helpful addition to the newly formed ad hoc committee. As
such, President Cyr recommends the following changes to the committee appointments.
Changes are shown in underline (addition) and strikethrough (deletion):
Real Property Committee
• Jed Cyr
• Nonette Hanko
• Larry Hassett
• Yoriko Kishimoto
Administrative Office Development Ad Hoc Committee
• Jed Cyr
• Larry Hassett
• Yoriko Kishimoto
• Pete Siemens
R-18-33 Page 2
FISCAL IMPACT
There will be no new fiscal impact associated with this action. Board compensation for
committee work is included in the annual budget.
BOARD COMMITTEE REVIEW
This item does not require Committee review.
PUBLIC NOTICE
Public Notice was provided pursuant to the requirements of the Brown Act. No further notice is
required.
CEQA COMPLIANCE
This proposed action is not a project under the California Environmental Quality Act (CEQA)
and no environmental review is required.
NEXT STEPS
If approved, staff will prepare a new roster of Board Committee assignments for posting
internally and on the District website.
Responsible Department Manager:
Ana Ruiz, Acting General Manager
Prepared by:
Jennifer Woodworth, District Clerk/Assistant to the General Manager
Contact person:
Jed Cyr, Board President
Rev. 1/3/18
R-18-28
Meeting 18-13
March 28, 2018
AGENDA ITEM 8
AGENDA ITEM
Climate Change Program Informational Report
ACTING GENERAL MANAGER’S RECOMMENDATION
Receive an informational presentation on the Climate Change Program. No Board action required.
SUMMARY
The Board of Directors (Board) will receive an informational presentation on the Midpeninsula
Regional Open Space District’s (District) Climate Change Program. The presentation will review
the causes of climate change, its effects on District resources, and results of the District’s first
Greenhouse Gas (GHG) Inventory. In addition, staff will outline the proposed timeline, process,
and opportunities for Board input to develop the District’s Climate Change Policy and Climate
Action Plan. The Climate Change Policy will include Board-adopted GHG emission reduction
goals for the District. The Climate Action Plan will identify implementation actions the District
would pursue in the future to meet the GHG emission reduction goals. The Acting General
Manager anticipates bringing the Climate Change Policy and Climate Action Plan to the Board
for adoption by October 2018.
DISCUSSION
The Board will receive an informational presentation on the District’s Climate Change Program
that includes background information and findings from a recently completed GHG Inventory
study. This information will help prepare the Board for subsequent discussions on the District’s
Climate Change Policy and Climate Action Plan. The Climate Change Policy will identify
Board-adopted GHG emission reduction goals for the District. The Climate Action Plan will
identify the projects and policies that the District would undertake to meet the GHG emissions
reduction goals.
The informational presentation on March 28, 2018 will include:
Climate Change Basics
Staff will present the causes of climate change and its effects on District natural resources to
ensure a common understanding and vocabulary around climate change.
Proposed Project Timeline and Board Input/Review Process
The Board will provide policy direction and input throughout the development of the Climate
Change Policy and Climate Action Plan. The proposed project timeline and Board review
process is as follows:
R-18-28 Page 2
• In April and May, the Climate Resiliency Fellow, Climate Project Team, and consultants
will engage District staff to collect emissions reduction ideas and other input to inform
the development of a draft Climate Action Plan, which will be presented to the full Board
in June. Outreach will include Department meeting presentations and brainstorming
workshops.
• The Board will set the District’s GHG reduction goals at an upcoming Study Session on
June 13, 2018. Staff and consultants will present three options for GHG reduction goals,
along with potential projects and costs for each option. The three options that staff is
currently evaluating are: 1) adoption of the State of California’s GHG reduction goal, 2) a
more aggressive goal than the State’s, and 3) a less aggressive goal than the State’s. The
State of California’s GHG reduction goal is to reduce emissions to 40% below the 1990
level by 2030, and to reduce emissions to 80% below the 1990 level by 2050. The Board-
adopted GHG reduction goals for the District will be subsequently written into the
Climate Change Policy for Board review and approval in September/October.
• The GHG reduction goals set by the Board in June will inform the projects and policies
that should be considered for inclusion in a Climate Action Plan. A second Board study
session in August 2018 will review the draft Climate Action Plan, as well as the draft
Climate Change Policy that formalizes the District’s GHG reduction goals.
• Board feedback on the draft Climate Action Plan and draft Climate Change Policy will be
incorporated into final drafts for Board consideration in September or October 2018.
The GHG reduction actions outlined in the Board-approved Climate Action Plan would
be included in future Capital Improvement and Action Plans for implementation.
Greenhouse Gas (GHG) Inventory Results
The District’s first GHG Inventory was completed in March 2018. The GHG Inventory measures
the carbon footprint of District operations. In calendar year 2016, District operations produced
2,398 metric tons of carbon dioxide equivalent (MTCO2e). The GHG Inventory will be updated
and monitored in future years to track the District’s implementation progress in both reducing
emissions and reaching Board-adopted GHG reduction goals.
FISCAL IMPACT
There is no fiscal impact associated with the recommended action as described in the report.
Future Board consideration of GHG reduction goals and a Climate Action Plan to meet these
goals will result in implementation costs, and staff will present these associated costs to the
Board at subsequent Board meetings.
BOARD COMMITTEE REVIEW
A Board Committee did not previously review this item.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act.
R-18-28 Page 3
CEQA COMPLIANCE
This item is not a project subject to the California Environmental Quality Act.
NEXT STEPS
There will be two future Board Study Sessions for the Board to provide policy direction and
input on the Climate Change Policy and Climate Action Plan, followed by a separate meeting for
the Board to consider adoption of the plan and policy:
• June 13, 2018: Board sets the District’s GHG reduction goals to be included in a draft Climate
Change Policy
• August 2018: Board reviews the draft Climate Change Policy and draft Climate Action Plan
• September/October 2018: Board adopts the Climate Change Policy and Climate Action Plan
Responsible Department Head:
Kirk Lenington, Natural Resources Department Manager
Prepared by:
Hayley Edmonston, Climate Resiliency Fellow
DATE: March 28, 2018
MEMO TO: MROSD Board of Directors
THROUGH: Ana M. Ruiz, Acting General Manager
FROM: Gretchen Laustsen, Planner III; Dave Jaeckel, Management Analyst; Elaina
Cuzick, Acting Land and Facilities Manager
SUBJECT: Bear Creek Stables Site Improvements -- Project Update
_____________________________________________________________________________
This memorandum provides an update on the Bear Creek Stables Site Improvements Project,
including next steps and important, new information that affects the estimated Project costs. Staff
will bring this item to the Board of Directors in early summer at an open, public meeting.
Background
On January 25, 2017, the Board approved the Bear Creek Redwoods Preserve Plan and certified
the Environmental Impact Report, including the Bear Creek Stables (Stables) Site Plan, which
outlines a phased implementation plan (R-17-01). As part of Fiscal Year (FY) 2017-18 Action
Plan and Budget, the Board approved the initiation of design development for the Phase I
improvements, which includes conducting site assessments, developing design and
implementation plans, and initiating permitting.
The Board also reviewed a 3-year funding program for the Stables and associated water
improvements totaling $5,927,800. The projected 3-year capital costs were based on early cost
estimates and not part of an approved budget. A total amount of $3,777,300 was projected to
come from Measure AA funds and $500,000 from District general funds. The remaining amount
of $1,650,500 was projected to come from grants/partnerships/other funding. The
grants/partnerships/other funding sources have not yet been secured.
New Information
A detailed topographical survey and a geotechnical/geological assessment were completed in
2017 to further inform the design and engineering plans for the Stables improvements. The
results of this work show that the available space in the lower public area is more limited than
anticipated in the conceptual site plan. New findings also reveal extensive landslides on the site,
with the most significant movement located in the planned parking area and the public/livery
site. As a result, much more extensive site grading, installation of multiple retaining walls to
address landslide areas, and the rearrangement of project elements to fit within the constrained
site is required. Revised conceptual-level cost estimates are $3.3M to $4.2M higher than the
prior Preserve Plan cost estimates as shown in the following table. Given this significant increase
in cost, District staff is evaluating viable options for Board consideration on how best to proceed.
Conceptual-level Cost Estimates for the Stables Phase I and Water System Improvements
Preserve Plan (January 2017) $4.5 M
Engineered Concept Design Plan (September 2017) $7.8 M
Peer Review Cost Estimate of Engineered Concept Plan (October 2017) $8.7 M
Based on expenditures to date and the recent increase in the estimated total project cost, the
unsecured funding gap has risen to approximately $5 M. Because the cost estimates are still
based on preliminary designs, the cost is expected to change throughout the design development
process and will likely increase based on past experience, the strong construction market, and
inflation.
Fund-Raising Interest
To date, the District has been contacted by two groups with interest in leading a serious
fundraising effort to financially support the implementation of the stables improvements and
address the funding gap. Given the level of community interest, staff is exploring the
opportunities to formalize a funding partnership with a 501(c)(3) or similar qualified fundraising
entity to help cover the increase in implementation costs as a potential funding option. If
deemed viable, the option to pursue a community fundraising partnership to address the funding
gap will be brought to the Board for consideration. Staff is also exploring other possible options
to bring to the Board.
As part of the due diligence work to determine the viability of a potential fundraising
partnership, District staff is evaluating the potential conflicts of interest that may arise if a
prospective Stables operator is also interested in participating or leading a fundraising effort to
financially support the site improvements. As part of the Board’s review of a potential
partnership option, District staff will offer recommendations on how best to proceed to avoid a
potential conflict of interest. In addition, District staff will recommend partnership parameters
for Board consideration, which may include:
Total number of funding partnerships (one versus multiple).
Total amount of funds (or minimum) required to be raised by a partner.
Agreement that the District retains full control over the design, contract management, and
Project implementation.
Method and extent by which a partner would be informed of progress, milestones, and
any significant hurdles encountered, especially if these affect the fundraising or timeline.
Posting fundraising entity information on the District’s webpage or other District media.
Any future partnership agreement, if deemed appropriate, will require Board review and
approval at an open public meeting.
The District’s project webpage has been recently updated to include the information in this
memorandum (https://www.openspace.org/our-work/projects/bear-creek-stables). In addition,
District staff is preparing a Frequently Asked Questions document where questions raised by the
public regarding the stables site improvement project, a potential fundraising partnership, and the
future Stables operator lease solicitation will be posted along with District responses.
Notification will be sent to people on the interested parties list for the Stable project to inform
them of the available information on the project webpage. This information will ensure a high
level of transparency and universal access to relevant information about the project and the
Stables site for all interested members of the public.