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HomeMy Public PortalAbout20140122 - Agenda Packet - Board of Directors (BOD) - 14-03 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS AND FINANCING AUTHORITY OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle, Los Altos, CA 94022 Wednesday, January 22, 2014 SPECIAL MEETING BEGINS AT 6:00 P.M. REGULAR MEETING BEGINS AT 7:00 P.M. A G E N D A 6:00 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT – CLOSED SESSION ROLL CALL 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (GOVERNMENT CODE SECTION 54956.8) Property: Santa Clara County APN 351-12-006 and San Mateo County APNs 080-312-010 and 080- 411-010, 1405 Skyline Blvd., Palo Alto, California Agency Negotiator: Allen Ishibashi, Real Property Specialist Negotiating Party: Sharon Rogers, Property Owner Under Negotiation: Terms of real property transaction 7:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REPORT OUT OF CLOSED SESSION (IF NECESSARY) (The Board shall publicly state any reportable action taken in closed session pursuant to Government Code Section 54957.1) ORAL COMMUNICATIONS – PUBLIC ADOPTION OF AGENDA SPECIAL ORDERS OF THE DAY Introduction of District Staff: Cydney Bieber, Web Administrator PRESENTATION Fundraising Efforts by the Equestrian Trail Riders' Action Committee, Mike Bushue (10 minutes) CONSENT CALENDAR 1. Approve Minutes of the Special and Regular Board Meetings January 8, 2013 Meeting 14-03 2. Approve Revised Claims Report 3. Renewal of Investment Authority and Adoption of Annual Statement of Investment Policy (R-14-02) – M. Foster 4. Adopt a Resolution of Intention to Approve an Amendment to Contract between California Public Employees’ Retirement System and the District in order to implement the Indexed Level 1959 Survivor Benefits (R-14-22) – C. Basnight 5. Approval of an Agreement to Exchange Real Property Interests with Santa Clara County (County) Roads & Airports concerning County property located on State Highway 9 and surrounded by Saratoga Gap Open Space Preserve (Santa Clara County Assessor’s Parcel Number: 503-37-004) and Midpeninsula Regional Open Space District (District) property located along Stevens Canyon Road at Saratoga Gap and Monte Bello Open Space Preserves (Portions of Santa Clara County Assessor’s Parcel Numbers: 351-26- 003, 351-16-023 and 351-16-014) (R-14-20) – A. Ishibashi 6. Adoption of Ordinance Amending the “Regulations for Use of Midpeninsula Regional Open Space District Lands” and Adoption of District Bail Schedule for newly added Regulations (R-14-09) – G. Baillie 7. Authorization to Amend a Contract with Geoinsite Environmental Management Inc., for Additional Grading Oversight for the Mount Umunhum Demolition Project at Sierra Azul Open Space Preserve (R- 14-23) – G. Coony ADJOURNMENT TO THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FINANCING AUTHORITY MEETING SPECIAL MEETING OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FINANCING AUTHORITY 1. Acceptance of the Controller’s Annual Financial Report of the Midpeninsula Regional Open Space District Financing Authority (R-14-01) – M. Foster RECONVENE THE REGULAR MEETING OF BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT BOARD BUSINESS 8. Authorize the General Manager to Enter into an Agreement with Interschola, Inc., for Disposal of District Property and to Approve the Disposal of District Assets, Excluding Real Property (R-14-10) – K. Drayson 9. Adoption of a Mitigated Negative Declaration and Mitigation Monitoring Program for the Mindego Ranch Area of Russian Ridge Open Space Preserve and Approval of an Amendment to the Russian Ridge Use and Management Plan (R-14-21) – G. Lausten 10. Appointment of Board of Directors Standing Committee Members for Calendar Year 2014 (R-14-16) – C. Harris 11. Appointment of District Representatives to the Governing Board of the Midpeninsula Regional Open Space District Financing Authority for Calendar Year 2014 (R-14-15) – C. Harris 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 factual information; request staff to report back to the Board on a matter at a future meeting; or direct staff to place a matter on a future agenda. A. Committee Reports B. Staff Reports C. Director Reports ADJOURNMENT TO ADDRESS THE BOARD: The President will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during Oral Communications. Each speaker will ordinarily be limited to three minutes. Alternately, you may comment to the Board by a written communication, which the Board appreciates. 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. 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 Regular Meeting of the MROSD Board of Directors was posted and available for review on January 17, 2014, at the Administrative Offices of MROSD, 330 Distel Circle, Los Altos California, 94022. The agenda is also available on the District’s web site at http://www.openspace.org. Signed this 17th day of January, 2014, at Los Altos, California. January 8, 2014 Board Meeting 14-01 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle Los Altos, CA 94022 January 8, 2014 DRAFT MINUTES CLOSED SESSION I. CALL TO ORDER President Cyr called the Special Meeting of the Midpeninsula Regional Open Space District Board of Directors to order at 5:34 p.m. II. ROLL CALL Members Present: Jed Cyr, Nonette Hanko, Cecily Harris, Larry Hassett, Curt Riffle, and Pete Siemens Members Absent: Yoriko Kishimoto Staff Present: General Manager Steve Abbors, Assistant General Manager Ana Ruiz, Assistant General Manager Kevin Woodhouse, and Assistant General Counsel Hilary Stevenson III. CLOSED SESSION: PUBLIC EMPLOYEE PERFORMANCE EVALUATION – Government Code Section 54957(b)(1) Title of Employee: General Manager IV. ADJOURNMENT President Cyr adjourned the Special Meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 6:57 p.m. REGULAR MEETING I. CALL TO ORDER Meeting 14-01 Page 2 President Cyr called the Regular Meeting of the Midpeninsula Regional Open Space District Board of Directors to order at 7:04 p.m. President Cyr noted that there were no actions taken to report out of closed session. II. ROLL CALL Members Present: Jed Cyr, Nonette Hanko, Cecily Harris, Larry Hassett, and Pete Siemens Members Absent: Curt Riffle and Yoriko Kishimoto Staff Present: General Manager Steve Abbors, Assistant General Manager Ana Ruiz, Assistant General Manager Kevin Woodhouse, Assistant General Counsel Hilary Stevenson, Acting Operations Manager Brian Malone, Senior Management Analyst Gordon Baillie, Natural Resources Manager Kirk Lenington, Real Property Manager Mike Williams, Administrative Services Manager Kate Drayson, Public Affairs Manager Shelly Lewis, Co-Acting Planning Manager Meredith Manning, Planner III Gina Coony, and District Clerk Jennifer Woodworth III. ORAL COMMUNICATIONS No speakers present. Director Riffle arrived at 7:05 p.m. IV. ADOPTION OF AGENDA Motion: Director Hanko moved, and Director Siemens seconded the motion to adopt the agenda. VOTE: 6-0-0 (Director Kishimoto absent) V. SPECIAL ORDER OF THE DAY Screening of District Video – “The Art of the Trail” VI. CONSENT CALENDAR Agenda Item #1 – Approve Minutes of the December 11, 2013 Board Meeting Agenda Item #2 – Approve the Revised Claims Report Agenda Item #3 – Authorization to Amend a Contract with David J. Powers Associates for an Amount Not-To-Exceed $103,285 to Provide Additional Environmental Review Consulting Services for the Proposed Ridge Vineyards Exchange Project (R-14-03) Meeting 14-01 Page 3 Will Betchart thanked the District and its staff for taking time to listen to comments and input that he and other neighbors provided regarding the Ridge Vineyards proposed exchange of dedicated open space. Howard Levitan spoke regarding the District’s notice of the Ridge Vineyards proposed exchange of dedicated open space and submitted a list of 70 neighbors that would like to be included in the interested parties’ list related to this property. Lynne Farris, a resident on Monte Bello Rd., asked the District to continue to keep the residents fully apprised of District actions related to this property. Agenda Item #4 – Authorization to Amend a Contract with Northgate Environmental Management Inc., for Additional Soils Sampling, Abatement Monitoring, and Laboratory Analyses for the Mount Umunhum Demolition Project at Sierra Azul Open Space Preserve (R-14-14) Agenda Item #5 – Strategic Plan Goals and Objectives Revisions for Fiscal Year 2014-15 (R-14-13) Agenda Item #6 – Proposed Names for the New Mount Umunhum Parking Area and Trail (R-14-12) Motion: Director Riffle moved, and Director Hanko seconded the motion to approve the Consent Calendar. VOTE: 6-0-0 (Director Kishimoto absent) VII. BOARD BUSINESS Agenda Item #7 – Election of the Board of Directors Officers for Calendar Year 2014 (R- 14-04) President Cyr reflected on the past year and shared some of the District’s accomplishments during his term as Board President. President Cyr reviewed the voting procedures for the election of officers for the Board of Directors for Calendar Year 2014 and District Clerk Jennifer Woodworth called for nominations for Board President. Director Hassett nominated Director Harris for President and Director Riffle seconded the nomination. No further nominations were presented. Motion: Upon motion by Director Siemens, seconded by Director Hanko, the nominations for Board President were closed. VOTE: 6-0-0 (Director Kishimoto absent) By a vote of 6 to 0, the Board elected Director Cyr as Board President for Calendar Year 2014. Meeting 14-01 Page 4 President Harris called for nominations for Board Vice President. Director Hanko nominated Director Siemens for Vice President and Director Riffle seconded the nomination. No further nominations were presented. Motion: Upon motion by Director Cyr, seconded by Director Hanko, the nominations for Board Vice President were closed. VOTE: 6-0-0 (Director Kishimoto absent) By a vote of 6 to 0, the Board elected Director Siemens as Board Vice President for Calendar Year 2014. President Harris called for nominations for Board Treasurer. Director Hanko nominated Director Riffle for Board Treasurer and Director Siemens seconded the nomination. No further nominations were presented. Motion: Director Cyr moved, and Director Hanko seconded the motion to close the nominations for Board Treasurer. VOTE: 6-0-0 (Director Kishimoto absent) By a vote of 6 to 0, the Board elected Director Riffle as Board Treasurer for Calendar Year 2014. President Harris called for nominations for Board Secretary. Director Cyr nominated Director Hassett for Board Secretary and Director Hanko seconded the nomination. No further nominations were presented. Motion: Upon motion by Director Cyr, seconded by Director Siemens, the nominations for Board Secretary were closed. VOTE: 6-0-0 (Director Kishimoto absent) By a vote of 6 to 0, the Board elected Director Hassett as Board Secretary for Calendar Year 2014. Public hearing opened at 7:31 p.m. No speakers were present. Public hearing closed at 7:31 p.m. VOTE: 6-0-0 (Director Kishimoto absent) Agenda Item #8 – Appointment of Action Plan and Budget Committee Members for Calendar Year 2014 (R-14-05) President Harris reported that she has appointed Directors Siemens, Riffle, and Kishimoto to the Action Plan and Budget Committee for Calendar Year 2014. Brief discussion ensued. Meeting 14-01 Page 5 Motion: Director Cyr moved, and Director Hanko seconded the motion to approve the Board President’s appointments to the Action Plan and Budget Committee for Calendar Year 2014. Public hearing opened at 7:32 p.m. No speakers were present. Public hearing closed at 7:32 p.m. VOTE: 6-0-0 (Director Kishimoto absent) Agenda Item #9 – Partnership Guidelines for the Mount Umunhum Radar Tower (R-14- 11) Co-Acting Planning Manager Meredith Manning presented the staff report and summarized the recommendations of staff and Legislative, Funding, and Public Affairs Committee (LFPAC). Director Siemens inquired as to what would happen to any funds remaining after the work is completed. Ms. Manning explained that a Memorandum of Understanding (MOU) would include that type of detailed decisions. If the Board approves the recommendations, then the General Manager and General Counsel would be directed to negotiate the details and return to LFPAC and the Board to approve the MOU. Director Hassett outlined his concerns with the District’s relationship with the partner in the event that the full amount of funds is not raised. Ms. Manning explained the decision before the Board tonight is to set the minimum requirements a potential partner would have meet in order to engage in negotiation for a MOU. Public hearing opened at 8:06 p.m. Sam Drake, President of the Umunhum Conservancy, explained that one positive aspect of allowing the partner to raise the money is that the partner is responsible if the money is not fully raised. Mr. Drake explained that many of the details of the partnership will be negotiated as part of the MOU, which negotiations will not begin until the minimum requirements are met. Finally, Mr. Drake urged the Board to accept incremental funds from the Conservancy before a MOU is finalized in the event emergency or interim repairs are needed. Public hearing closed at 8:16 p.m. Director Hanko suggested that the District’s website include information on the Conservancy and an explanation of the project instead of providing a direct link to the Conservancy’s website. Extensive discussion ensued. Directors Hassett and Cyr expressed their concerns with the District making further commitments to the project, such as accepting incremental funds, without additional safeguards being in place. Meeting 14-01 Page 6 Director Harris expressed her belief that the District is not yet ready to address the concerns raised by the partner in the document submitted by Mr. Drake prior to the Board meeting. Assistant General Manager Ana Ruiz suggested that the Board may consider placing information about the District’s partner on the website after a MOU has been agreed upon. Director Siemens expressed his concern that staff time to manage the project should be reimbursed by the partner. Gina Coony explained that the conceptual cost estimates included percentages related to project management by District staff. Motion: Director Siemens moved, and Director Riffle seconded the motion to define the partnership parameters for external fundraising for the Mount Umunhum radar tower, LFPAC and the General Manager recommend the following: 1. Define the District relationship with a fundraising entity whose mission is to raise funds to permanently retain the radar tower as an informal relationship, until that organization has met minimum requirements established by the District Board of Directors, as detailed below. 2. Direct the General Manager and General Counsel to work with the organization(s) to establish a Memorandum of Understanding (MOU) once minimum requirements are met. 3. For the Board to consider an MOU, set the minimum partner funding commitment for long-term repair and maintenance costs at $625,000; this is 50% of the sum of the escalated construction costs ($500,000) plus 50% of the 20-year maintenance costs ($125,000) (as described in Attachment 1 to the Board report). 4. Confirm that minor maintenance is to be funded by the District until long-term repairs are implemented, at which time all maintenance costs would be funded by a fundraising entity or outside partner (estimated timeframe: three to five years). 5. Approve allocating up to 40 hours of District staff time for preparation, arrangements, and escorting potential partners and their prospective donors to Mount Umunhum at no cost to the fundraising entity. 6. Prohibit the District from accepting public funds for long-term radar tower repairs at this time. 7. Direct the General Manager to redirect public inquiry regarding fundraising for the radar tower to the fundraising entity both verbally and in writing, as opposed to maintaining a District link from its web page to the fundraising entity. VOTE: 4-0-2 (Director Kishimoto absent; Directors Harris and Hassett abstained) Agenda Item #10 – First reading of amendments to the “Regulations for Use of Midpeninsula Regional Open Space District Lands” (R-14-06) Senior Management Analyst Gordon Baillie presented the staff report providing a summary of the proposed changes. Mr. Baillie also discussed in detail two topics of discussion that arose at the Legislative, Funding, and Public Affairs Committee’s review of the amendments to the ordinance. First, Mr. Baillie addressed unpermitted diversion of water and the recommended bail for violation of this provision. Second, Mr. Baillie addressed the removal of dog excrement from an area if it poses a health hazard or creates a public nuisance on District lands but removes requirement that notices to remove be posted in all areas. Finally, Mr. Baillie provided a brief Meeting 14-01 Page 7 overview of the bail schedule and the additions being proposed as part of the General Manager’s recommendation. Public hearing opened at 9:07 p.m. Alex Hapke, Secretary of District’s Field Employees Association and a ranger at Skyline, expressed his appreciation to Mr. Baillie for allowing the rangers to provide input in the process. Shani Keinhaus thanked the District for including a prohibition against drones on District lands. Public hearing closed at 9:08 p.m. Motion: Director Cyr moved, and Director Siemens seconded the motion to: 1. Waive reading, read by title only, and introduce the proposed amendments to the Regulations for use of Midpeninsula Regional Open Space District Lands for adoption of the ordinance at the Board’s next regular meeting; with the following changes: 701.5 Removal of Dog Excrement. No person responsible for a dog shall allow its excrement or feces to remain in an area if it poses a health hazard, a public nuisance, or is in an area posted requiring its removal on District lands. 702.7 Unpermitted Diversion of Water. No person shall divert water from any surface water, ground water, or water storage facility on District Lands without the express written permission of the District. 2. Introduce proposed additions to the District Bail Schedule for newly added Regulations for adoption at the Board’s next regular meeting. VOTE: 6-0-0 (Director Kishimoto absent) VIII. COMMITTEE REPORTS Director Riffle reported that the Capital Finance Ad Hoc Committee met with District staff. He requested that all of the Board members read through the materials provided by the General Manager provided prior to the holiday season in order to prepare for the upcoming meetings related to the Vision Plan. Director Cyr reported that the Board Appointee Evaluation Committee met in December and discussed the process for reviewing Board appointees. IX. STAFF REPORTS Assistant General Manager Ana Ruiz reported that she and Assistant General Manager Kevin Woodhouse will be attending a meeting of the Santa Clara County Cities Association to present the District video and information on the Vision Plan. Assistant General Manager Kevin Woodhouse reported that one of the supervising rangers commented at today’s all-staff meeting that this holiday season was the busiest he has ever seen Meeting 14-01 Page 8 General Manager Steve Abbors reported that he will be making presentations to the Silicon Valley Leadership Group next week and to the Pacific Skyline Council of the Boy Scouts of America this weekend. X. DIRECTOR REPORTS The Board submitted their compensatory forms to the District Clerk. Director Hassett commented on how busy the preserves have been recently. XI. ADJOURNMENT President Cyr adjourned the Special Meeting of the Board of Directors of the Midpeninsula Regional Open Space District at 9:33 p.m. ________________________________ Jennifer Woodworth, CMC District Clerk Claims No. 14-02 Meeting 14-03 Date 1/22/14 Midpeninsula Regional Open Space District Amount Name Description 21706 21707 21708 21709 21710 21711 21712 21713 21714 21715 21716 21717 21718 21719 21720 21721 21722 21723 $251,364,30 $20,697.19 $10,000.00 $9,984.80 $9,643.00 $5,937.50 $5,125,00 $5,000.00 $4,871.07 $4,642.68 $4,630.00 $4,626.23 $3,446.18 $3,060.00 $3,000.00 $2,777.74 $2,629.30 $2,407.92 American Wrecking Shute, Mihaly & Weinberger LLP *1 Old Republic Title Company Public Dialogue Consortium # Shelton Roofing Company Grossmann Design Group Ideal Restoration Colliers International Matthew Bender And Company Sol's Mobile Service John Northmore Roberts & Associates Summit Uniforms David J. Powers & Associates The Bank Of New York Mellon Strategy Research Institute *2 First National Bank Amermex Upgrades Central Coast Bat Research Group 21724 $2,322.22 Ecological Concerns 21725 $2,315.00 Aaron's Septic Tank Service 21726 $2,300.05 Redwood General Tire Company 21727 $2,074.31 *2 First National Bank 21728 $1,770.26 *2 First National Bank 21729 $1,618.01 *2 First National Bank 21730 21731 21732 21733 21734 21735 $1,500.00 $1,330.00 $1,237,10 $1,168.45 $1,140.16 $1,075.66 Joint Venture Silicon Valley Socialmentum Moffett Supply Company Roessler, Cindy The Sign Shop *2 First National Bank 21736 $1,037.00 *2 First National Bank 21737 21738 21739 21740 21741 21742 $972.67 $920.32 $858.90 $810.80 $801.71 $796.89 Goodyear Auto Service Center Ergovera Barresi, Chris *2 First National Bank Accountemps ADT Security Services Mt. Umunhum Demolition Legal Services - Amicus Brief On Lehigh Vested Rights Appeal Rogers Purchase Option Vision Plan Public Participation Services Roof Preventive Maintenance - Hawthorn Property Mt. Umunhum Demolition Project Monitoring & Consulting Asbestos Abatement Services - Rental Residence Appraisal Services - Lysons Parcel Legal Publications - Penal & Vehicle Code Books / Real Estate Law Books / Deerings Code Books Vehicle Maintenance & Repairs Design & Engineering Services - Mt. Umunhum Staging Area Body Armor & Uniform Expenses For New Rangers Consultant Services - Ridge Vineyards Exchange Environmental Review Note Paying Agent Fees - 2007 Refunding Promissory Notes Consulting Services - Capital Funding Program Miscellaneous Expenses - Facility Rental & Supplies For Santa Clara County City Managers Association Luncheon / Snake Tank Repairs / San Mateo County Environmental Impact Report Administrative Fee / Digital Camera And Accessories For Operations Department Replacement Of Emergency Exit Lights - AO Consulting Services - Mt. Umunhum Demolition Mitigation Monitoring Native Revegetation Maintenance & Monitoring - Skyline Ridge Tree Farm Phase III Pumping Services - SFO / Purisima Creek / Windy Hill / Rental Residence Tires & Installation Of Tires Computer, Website & Internet Expenses - Computer Supplies / Wi-Fi For GM iPad / Email Service Provider For Sending Email Blasts / Web Hosting Fee For District Website / Online Form Service / Notebook / Keyboard / Computer Monitors Conferences & Training Expenses - CalPELRA Conference Expenses / EMT Refresher Course / Redwood City & San Mateo County Chamber Of Commerce Progress Seminar Field Supplies / Tarps For DHF / Hand Warmers / Magnets For Signboards / Compressor / Tools For SFO Shop Sponsorship Of 2014 State Of The Valley Conference On -Line Public Participation Tool For The Vision Plan Janitorial Supplies For Skyline Preserves Reimbursement - Cameras For Bobcat Wildlife Study At RSA Trail Hazard Sign / Reduce Speed Signs / Various Preserve Signs Vehicle Maintenance, Repairs & Supplies - Gas Pump For SFO / Car Wash Office Supplies / Break Room Supplies / Coffee Maker / Scanner / Monthly Planner / Shipping Labels Tires & Installation Of Tires Ergonomic Evaluations & Reports Reimbursement - Propane For Alr Quality Monitoring Study At RSA & Cell Phone Rental Residence Expenses - UV Bulbs For Water Systems Accounting Temp Alarm Service - SFO Page 1 of 3 Claims No. 14-02 Meeting 14-03 Date 1/22/14 Midpeninsula Regional Open Space District Amount Name Description 21743 21744 21745 21746 21747 21748 21749 $783.25 $752.02 $690.00 $669.22 $584.00 $578.75 $562.50 Alvaro Jaramillo Gardenland Power Equipment United Chimney Sunnyvale Ford *2 First National Bank San Francisco Bay Bird Observatory Communication Advantage 21750 $537.53 San Jose Water Company 21751 $460.00 Cabrillo Unified District 21752 $430.92 Simms Plumbing & Water Equipment 21753 $430.00 *2 First National Bank 21754 $405.44 Office Team 21755 $400.00 California Department Of Fish & Wildlife 21756 $399.00 American Red Cross 21757 $388.49 Jurich, Michael 21758 $366.60 *2 First National Bank 21759 21760 21761 21762 21763 21764 21765 21766 21767 21768 21769 21770 21771 21772 21773 21774 $355.96 $352.67 $326.00 $324.32 $301.33 $277.63 $240.00 $237.46 $225.33 $218.95 $206.93 $200.00 $194.44 $174.37 $168.09 $150.00 RDO Equipment Company Williams, Mike Claire Moore *2 First National Bank Safety Kleen CMK Automotive Schaffner, Sheryl Chance, Marianne Orlandi Trailer T -Squared HVAC *2 First National Bank Ruiz, Ana Stevens Creek Quarry Voiss, Sue Los Altos Business Machines Alvaro Jaramillo 21775 $109.00 Coastal Sierra 21776 $100.00 Santa Clara County Special Districts Association 21777 $90.75 Barron Park Supply 21778 $63.66 Protection One 21779 $54.38 DFM Associates 21780 $51.59 Baldzikowski, Matt 21781 $46.16 Alexander, Zachary 21782 $41.00 Data Safe 21783 $37.29 Manning, Meredith 21784 $35.69 California Water Service Company Mt. Umunhum Avian Study & Survey Work Chain Sharpening & Repairs / Pole Saw Repair / Grinding Wheels Chimney Sweep Services At Rental Residences Vehicle Maintenance & Repairs Membership Dues - State Bar Of California / California Rural Water Association Russian Ridge Bird Monitoring & Nest Surveys Consulting Services - Information Fact Sheet For Potential Ballot Measure Water Service - RSA Facility Rental For Board Meeting Measure Water Level - Rental Residence Event Supplies & Expenses - Holiday Lunch For Staff Office Temp - Real Property Administrative Assistant California Natural Diversity Database Subscription Renewal First Aid Training Reimbursement - Propane For Air Quality Monitoring Study At RSA & Cell Phone Volunteer Supplies & Supplies For Volunteer & Docent Enrichment Training Parts For Tractor Repair Reimbursement - Mileage & Cell Phone Reimbursement - Electricity For Air Quality Monitoring At RSA Uniform Expenses Solvent Tank Service - SFO Vehicle Maintenance & Repairs Reimbursement - Cell Phone Reimbursement - Ranger Academy Expenses Trailer Lights Heater Repair At Rental Residence Business Related Meals - Board Meeting / Operations Department Meeting / Lunch With Boy Scouts Of America Pacific Skyline Council Reimbursement - National Professional Planning Association Membership Dues Base Rock For FFO Stock Reimbursement - Bookcase Folding Machine Repair Purple Martin Consultant Services - Build House To Encourage Nesting Internet Service - SFO Annual Membership Dues Plumbing Supplies - RSA Fire Inspection & Monitoring - AO 2014 California Elections Code Update Reimbursement - Supplies For Air Quality Monitoring Study At RSA Reimbursement - Mileage Shredding Services - AO Reimbursement - Mileage Water Service - Windy Hill Page 2 of 3 Claims No. 14-02 Meeting 14-03 Date 1/22/14 Midpeninsula Regional Open Space District Amount Name Description 21785 $35.22 O'Reilly Auto Parts Vehicle Supplies - Windshield Cleaner 21786 $26.25 Rayne Of San Jose Water Service - Fremont Older 21787 $9.80 Portola Valley Hardware Fire Pumper Supply 21788 $9.78 Rural Supply Hardware FFO Shop Supply 21789 $8.57 United Parcel Service Parcel Shipping 21790 $7.60 Los Altos Hardware Hardware For AO Cubicle Repair Total $393,010.36 *1 Urgent check issued 1/15/14 *2 Urgent check issued 1/7/14 The total amount for First National Bank is $13,075.63 # Hawthorn expense Page 3 of 3 Claims No. 14-02 Meeting 14-03 Date 1/22/14 Revised Midpeninsula Regional Open Space District Amount Name Description 21706 21707 21708 21709 21710 21711 21712 21713 21714 21715 21716 21717 21718 21719 21720 21721 21722 21723 21724 21725 21726 21727 $251,364.30 $20,697.19 $10,000.00 $9,984.80 $9,643.00 $5,937.50 $5,125.00 $5,000.00 $4,871.07 $4,642.68 $4,630.00 $4,626.23 $3,446.18 $3,060.00 $3,000.00 $2,777.74 $2,629.30 $2,407.92 $2,322.22 $2,315.00 American Wrecking Shute, Mihaly & Weinberger LLP *1 Old Republic Title Company Public Dialogue Consortium # Shelton Roofing Company Grossmann Design Group Ideal Restoration Colliers International Matthew Bender And Company Sol's Mobile Service John Northmore Roberts & Associates Summit Uniforms David J. Powers & Associates The Bank Of New York Mellon Strategy Research Institute *2 First National Bank Amermex Upgrades Central Coast Bat Research Group Ecological Concerns Aaron's Septic Tank Service $2,300.05 Redwood General Tire Company $2,074.31 *2 First National Bank 21728 $1,770.26 *2 First National Bank 21729 $1,618.01 *2 First National Bank 21730 21731 21732 21733 21734 21735 $1,500.00 $1,330,00 $1,237.10 $1,168.45 $1,140.16 $1,075.66 Joint Venture Silicon Valley Socialmentum Moffett Supply Company Roessler, Cindy The Sign Shop *2 First National Bank 21736 $1,037.00 *2 First National Bank 21737 21738 21739 21740 21741 21742 $972.67 $920.32 $858.90 $810.80 $801.71 $796.89 Goodyear Auto Service Center Ergovera Barresi, Chris *2 First National Bank Accountemps ADT Security Services Mt. Umunhum Demolition Legal Services - Amicus Brief On Lehigh Vested Rights Appeal Rogers Purchase Option Vision Plan Public Participation Services Roof Preventive Maintenance - Hawthorn Property Mt. Umunhum Demolition Project Monitoring & Consulting Asbestos Abatement Services - Rental Residence Appraisal Services - Lysons Parcel Legal Publications - Penal & Vehicle Code Books / Real Estate Law Books / Deerings Code Books Vehicle Maintenance & Repairs Design & Engineering Services - Mt. Umunhum Staging Area Body Armor & Uniform Expenses For New Rangers Consultant Services - Ridge Vineyards Exchange Environmental Review Note Paying Agent Fees - 2007 Refunding Promissory Notes Consulting Services - Capital Funding Program Miscellaneous Expenses - Facility Rental & Supplies For Santa Clara County City Managers Association Luncheon / Snake Tank Repairs / San Mateo County Environmental Impact Report Administrative Fee / Digital Camera And Accessories For Operations Department Replacement Of Emergency Exit Lights - AO Consulting Services - Mt. Umunhum Demolition Mitigation Monitoring Native Revegetation Maintenance & Monitoring - Skyline Ridge Tree Farm Phase III Pumping Services - SFO / Purisima Creek / Windy Hill / Rental Residence Tires & Installation Of Tires Computer, Website & Internet Expenses - Computer Supplies / Wi-Fi For GM iPad / Email Service Provider For Sending Email Blasts / Web Hosting Fee For District Website / Online Form Service / Notebook / Keyboard / Computer Monitors Conferences & Training Expenses - CalPELRA Conference Expenses / EMT Refresher Course / Redwood City & San Mateo County Chamber Of Commerce Progress Seminar Field Supplies / Tarps For DHF / Hand Warmers / Magnets For Signboards / Compressor / Tools For SFO Shop Sponsorship Of 2014 State Of The Valley Conference On -Line Public Participation Tool For The Vision Plan Janitorial Supplies For Skyline Preserves Reimbursement - Cameras For Bobcat Wildlife Study At RSA Trail Hazard Sign / Reduce Speed Signs / Various Preserve Signs Vehicle Maintenance, Repairs & Supplies - Gas Pump For SFO / Car Wash Office Supplies / Break Room Supplies / Coffee Maker / Scanner / Monthly Planner / Shipping Labels Tires & Installation Of Tires Ergonomic Evaluations & Reports Reimbursement - Propane For Air Quality Monitoring Study At RSA & Cell Phone Rental Residence Expenses - UV Bulbs For Water Systems Accounting Temp Alarm Service - SFO Page 1 of 3 Claims No. 14-02 Meeting 14-03 Date 1/22/14 Revised Midpeninsula Regional Open Space District Amount Name Description 21743 21744 21745 21746 21747 21748 21749 $783.25 $752.02 $690.00 $669.22 $584.00 $578.75 $562.50 Alvaro Jaramillo Gardenland Power Equipment United Chimney Sunnyvale Ford *2 First National Bank San Francisco Bay Bird Observatory Communication Advantage 21750 $537.53 San Jose Water Company 21751 $460.00 Cabrillo Unified District 21752 $430.92 Simms Plumbing & Water Equipment 21753 $430.00 *2 First National Bank 21754 $405.44 Office Team 21755 $400.00 California Department Of Fish & Wildlife 21756 $399.00 American Red Cross 21757 $388.49 Jurich, Michael 21758 21759 21760 21761 21762 21763 21764 21765 21766 21767 21768 21769 21770 21771 21772 21773 21774 $366.60 *2 First National Bank $355.96 $352.67 $326.00 $324.32 $301.33 $277.63 $240.00 $237.46 $225.33 $218.95 $206.93 $200.00 $194.44 $174.37 $168.09 $150.00 RDO Equipment Company Williams, Mike Claire Moore *2 First National Bank Safety Kleen CMK Automotive Schaffner, Sheryl Chance, Marianne Orlandi Trailer T -Squared HVAC *2 First National Bank Ruiz, Ana Stevens Creek Quarry Voiss, Sue Los Altos Business Machines Alvaro Jaramillo 21775 $109.00 Coastal Sierra 21776 $100.00 Santa Clara County Special Districts Association 21777 $90.75 Barron Park Supply 21778 $63,66 Protection One 21779 $54.38 DFM Associates 21780 $51.59 Baldzikowski, Matt 21781 21782 21783 21784 $46.16 $41.00 $37.29 $35.69 Alexander, Zachary Data Safe Manning, Meredith California Water Service Company Mt. Umunhum Avian Study & Survey Work Chain Sharpening & Repairs / Pole Saw Repair / Grinding Wheels Chimney Sweep Services At Rental Residences Vehicle Maintenance & Repairs Membership Dues - State Bar Of California / California Rural Water Association Russian Ridge Bird Monitoring & Nest Surveys Consulting Services - Information Fact Sheet For Potential Ballot Measure Water Service - RSA Facility Rental For Board Meeting Measure Water Level - Rental Residence Event Supplies & Expenses - Holiday Lunch For Staff Office Temp - Real Property Administrative Assistant California Natural Diversity Database Subscription Renewal First Aid Training Reimbursement - Propane For Air Quality Monitoring Study At RSA & Cell Phone Volunteer Supplies & Supplies For Volunteer & Docent Enrichment Training Parts For Tractor Repair Reimbursement - Mileage & Cell Phone Reimbursement - Electricity For Air Quality Monitoring At RSA Uniform Expenses Solvent Tank Service - SFO Vehicle Maintenance & Repairs Reimbursement - Cell Phone Reimbursement - Ranger Academy Expenses Trailer Lights Heater Repair At Rental Residence Business Related Meals - Board Meeting / Operations Department Meeting / Lunch With Boy Scouts Of America Pacific Skyline Council Reimbursement - National Professional Planning Association Membership Dues Base Rock For FFO Stock Reimbursement - Bookcase Folding Machine Repair Purple Martin Consultant Services - Build House To Encourage Nesting Internet Service - SFO Annual Membership Dues Plumbing Supplies - RSA Fire Inspection & Monitoring - AO 2014 California Elections Code Update Reimbursement - Supplies For Air Quality Monitoring Study At RSA Reimbursement - Mileage Shredding Services - AO Reimbursement - Mileage Water Service - Windy Hill Page 2 of 3 Claims No. 14-02 Meeting 14-03 Date 1/22/14 Revised Midpeninsula Regional Open Space District Amount Name Description 21785 21786 21787 21788 21789 21790 21791 R $35,22 $26.25 $9,80 $9.78 $8.57 $7.60 $24,833.68 O'Reilly Auto Parts Rayne Of San Jose Portola Valley Hardware Rural Supply Hardware United Parcel Service Los Altos Hardware Ascent Environmental 21792 R $15,000.00 Winegar Air Sciences 21793 R $6,522.50 TKO General Engineering & Construction 21794 R $5,809.73 San Mateo County Planning & Building Department 21795 R $1,749.96 Proelia Defense & Arrest Tactics 21796 R $1,462.11 Phytosphere Research 21797 R $1,088.76 Accountemps 21798 R $494.92 Life Assist 21799 R $393.39 The Ferguson Group 21800 R $350.00 # Paul Bauman's Tree Service 21801 R $345.96 Fastenal 21802 R $238.53 California Water Service Company 21803 R $230.00 South Bay Regional Public Safety 21804 R $220.68 Chance, Marianne 21805 R $220,18 San Mateo County Planning & Building Department 21806 R $126.58 CMK Automotive 21807 R $117.50 Mission Trail Waste Systems 21808 R $95.88 Thomson Reuters - West 21809 R $53.10 Roessler, Cindy 21810 R $19.00 American Red Cross Total $452,382.82 Vehicle Supplies - Windshield Cleaner Water Service - Fremont Older Fire Pumper Supply FFO Shop Supply Parcel Shipping Hardware For AO Cubicle Repair Environmental Consulting Services For Integrated Pest Management Policy Air Quality Monitoring At RSA Emergency Creek Repair - Thornwood Grading Permit Fee For Silva Property Driveway & Water System Improvements Defensive Tactics Training Herbicides For Sudden Oak Death Treatment Accounting Temp First Aid Supplies Legislative Consulting Services Remove Fallen Oak Tree At Hawthorn Property Shop Supplies - FFO Water Service - FFO Field Training Officer Course Reimbursement - Ranger Academy Expenses Permit Fee For Peters Creek Bridge Design Update Vehicle Maintenance & Repairs Garbage Service - AO Monthly Legal Information Charges Reimbursement - Cell Phone & Mileage First Aid Training *1 Urgent check issued 1/15/14 *2 Urgent check Issued 1/7/14 The total amount for First National Bank is $13,075.63 # Hawthorn expenses Page 3 of 3 R-14-02 Meeting 14-03 January 22, 2014 AGENDA ITEM 3 AGENDA ITEM Renewal of Investment Authority and Adoption of Annual Statement of Investment Policy GENERAL MANAGER’S RECOMMENDATION Adopt the attached Resolution to renew the District Controller’s investment authority until January 7, 2015 and approve the District’s Revised Statement of Investment Policy. SUMMARY Approval of the attached resolution will renew the District Controller’s authority to invest District funds in accordance with the District’s Investment Policy. DISCUSSION The District Controller’s authority to invest temporarily idle funds expires on January 8, 2014, according to the provisions of Resolution 13-09 (see Report R-13-46). The attached Resolution renews the Controller’s authority to invest District funds in accordance with the District’s Investment Policy. When short-term interest rates rise, as they did in 2006 and 2007, the District is able to earn an enhanced return on temporarily idle funds by investing directly as permitted by the California Government Code. The attached policy permits the Controller to invest surplus District funds directly in such specific investments. The only recommended change to the Statement of Investment Policy is to update the reserve policy, which was last revised in January 2005. The current policy requires the preservation of a contingency cash reserve of at least $5 million, at all times, principally to respond quickly to land acquisition opportunities. This is prudent and should be continued. However, with the broadening of the District’s capital and operating programs under the new District Strategic Plan, a more comprehensive reserve policy is needed. The proposed policy requires that the District maintain, at the end of each fiscal year, unpledged cash and liquid investments equal to at least (1) debt service payable in the next six months plus (2) the total capital expenditures budget, including land purchases, for the next fiscal year minus (3) the year-end balance of Taxes Receivable minus (4) grant receipts budgeted for the next fiscal year. If this calculation is less than $5 million, then the contingency reserve amount would govern. Using this formula, the required reserve balance would have been $6.8 million at the end of March 2013, $10.9 million at the end of March 2012, and $15.5 million at the end of March 2011. The fiscal 2014 budget R-14-02 Page 2 contained an unusually low level of District capital expenditures, and thus, the required cash reserves were low; the opposite was the case in March 2011. BOARD COMMITTEE REVIEW This item was not reviewed by any Committee. FISCAL IMPACT Approval of this policy will not result in an increase to the budget. However, implementation of this policy is crucial for the fiscal health of the District. PUBLIC NOTICE Public notice was provided pursuant to the Brown Act. No additional notice is required. CEQA COMPLIANCE The recommended action is not a project for purposes of the California Environmental Quality Act. NEXT STEPS None Attachments 1. Resolution 2. Statement of Investment Policy Prepared by: Mike Foster, Controller Contact person: Michael Foster, Controller RESOLUTION NO. 14-__ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ADOPTING A STATEMENT OF INVESTMENT POLICY AND AUTHORIZING THE CONTROLLER TO INVEST SURPLUS FUNDS ALLOWED BY THE CALIFORNIA GOVERNMENT CODE WHEREAS, the District needs to maximize the yield on surplus temporarily idle funds in order to help meet Capital Program objectives, including land acquisition; and WHEREAS, Chapter 4, Division 2 of Title 5 of the Government Code authorizes the District to deposit and invest surplus funds in investments which, at times, yield interest rates higher than achievable through the Santa Clara County Pooled Fund, or the California Pooled Investment Authority; and WHEREAS, the District can often improve its yield on surplus funds without sacrificing financial safety and flexibility. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION ONE. The Board of Directors of the Midpeninsula Regional Open Space District does hereby authorize the Controller to invest surplus or temporarily idle funds according to the Investment Policy attached hereto as Exhibit “A” and by reference made a part hereof. SECTION TWO. This authorization is retroactive to January 8, 2014. SECTION THREE. Before any particular investments, the Controller shall consult with the General Manager, or a District employee authorized to act in his behalf, to determine anticipated cash flow needs of the District. SECTION FOUR. This Resolution supersedes the prior Resolution No. 13-09 adopted April 24, 2013. This Resolution shall no longer be in effect as of January 7, 2015, unless extended, and inactive funds shall then be deposited in the Santa Clara County Pooled Investment Fund, with the California Pooled Investment Authority, or invested through the District’s commercial bank. * * * * * * * * * * ATTACHMENT 2 Statement of Investment Policy GOALS Goal 1. Capital Preservation The primary goal shall be to safeguard the principal of invested funds. The secondary objective shall be to meet the liquidity needs of the District. The third objective shall be to achieve a return on funds consistent with this Policy. Temporarily idle funds shall be invested in a conservative manner, such that funds can always be withdrawn at, or just above or below, full invested value. Investments that offer opportunities for significant capital gains and losses are excluded. Goal 2. Liquidity Temporarily idle funds shall be managed so that normal operating cash needs and scheduled extraordinary cash needs can be met on a same day basis. Investments shall be sufficiently liquid to provide a steady and reliable flow of cash to the District to insure that all land purchases can be made promptly (within two weeks). Goal 3. Income Temporarily idle funds shall earn the highest rate of return that is consistent with capital preservation and liquidity goals and the California Government Code. GUIDELINES 1. Determination of Idle Funds The Controller shall prepare a cash flow projection prior to all investment decisions involving securities with a term to maturity exceeding 180 days. This cash flow projection shall be reviewed and evaluated by the General Manager. The General Manager is responsible for approving the Controller’s designation of the amount of funds available for investment for longer than 180 days. 2. Cash Reserve Policy and Contingency Reserve A contingency reserve of at least $5,000,000 shall be maintained, at all times, with the Santa Clara County Pooled Investment Fund. The General Manager is responsible for approving the Controller’s designation of the size of this contingency reserve. In addition, at the end of each fiscal year, the District shall hold total reserves of unpledged cash and liquid investments exceeding the sum of (1) debt service payable in the next six months and (2) the capital expenditures budget for the next fiscal year, reduced by (3) year-end taxes receivable and (4) grant receipts budgeted for the next fiscal year. At all times this contingency reserve, together withtotal cash reserve, including funds held in trust by bond trustees and pledged to the payment of bonds issued by the District, shall be sufficient to satisfy the reserve requirements for all District debt. 3. Non-Invested Funds Idle District funds not otherwise invested as permitted by this Policy, or maintained with trustee paying agents and pledged to the payment of District indebtedness, shall be deposited with the ATTACHMENT 2 Santa Clara County Pooled Investment Fund, the San Mateo County Treasurer’s Pooled Investment Fund or the State of California’s Local Agency Investment Fund. 4. Selection of Investments The Controller is responsible for selecting investments that fit within the amounts and maturities recommended by the Controller and by the General Manager. The Controller is also responsible for directing security transactions. 5. Investments Instruments and Deposit of Funds Investments and deposits of funds shall be limited to those allowed by and subject to the procedures of Government Code Section 53600 et seq. and 53635 et seq. In the event of any conflict between the terms of this Policy, and the Government Code, the provisions of the Government Code shall prevail. Investments shall not be leveraged. Investments, and “derivatives,” that offer opportunities for significant capital gains and losses are excluded. All investments, other than investment of bond proceeds and funds held by trustees and pledged to the repayment of bonds or other District indebtedness, shall mature within 180 days, except for [1] U.S. Treasury and U.S. Government Agency bills and notes and [2] Corporate notes carrying a minimum rating of AA from a nationally recognized rating service, which shall mature within two years. Funds held by such trustees and other bond proceeds may be invested in accordance with the indenture or agreement providing for the issuance of such debt. 6. Diversification Investments s shall meet the diversification test of Government Code Section 53601.7(c), stating that no more than 5% of the total investment portfolio may be invested in the securities of any one issuer, except for the obligations of the U.S. Treasury or U.S. Government Agencies. Investments maturing in 181 days or longer shall represent no more than 20% of the total market value of the investment portfolio. 7. Marketability For investments other than deposits and investment of funds held by trustees as set out in Section 5, the breadth of ownership and number of securities outstanding shall be sufficient to establish a secondary market in which investments can be readily converted to cash without causing a material change in their market value. 8. Acceptable Banks Bankers' Acceptances and Negotiable Certificates of Deposit may be purchased only from the District’s commercial bank or banks and savings and loan associations with over $1,000,000,000 of deposits and reporting profitable operations and which meet all applicable criteria of the Government Code. Certificates of Deposit may be purchased from other banks within Santa Clara and San Mateo Counties which meet all applicable criteria of the Government Code if the principal is fully insured by the Federal Deposit Insurance Corporation. 9. Acceptable Collateral Securities collateralizing bank or savings and loan deposits must be rated “A” or higher. ATTACHMENT 2 10. Investments in Name of District All investments purchased shall stand in the name of the District. 11. Reporting The Controller shall report all security transactions to the board no later than the next Regular Meeting of the Board of Directors after any transaction has been made. The Controller shall submit a report of the District’s investments and security transactions to the Board of Directors by the fourth Wednesday of each month in accordance with Government Code Section 53607. The Controller will render a quarterly investment report to the Board of Directors as required by Government Code Section 53646. Such reports shall also be submitted to the General Manager and to the District’s auditor. 12. Purchase of Securities The Controller is authorized to purchase securities through the investment department of the District’s commercial bank and as otherwise permitted by the Government Code. The bank or other investment institution from which authorized securities are purchased shall be instructed in writing only to purchase securities in the name of the District and that all matured funds shall be returned to the District’s commercial bank account. The bank shall also be instructed to send receipts for transactions to the General Manager. R-14-22 Meeting 14-03 January 22, 2014 AGENDA ITEM 4 AGENDA ITEM Adopt a Resolution of Intention to Approve an Amendment to Contract between California Public Employees’ Retirement System and the District in order to implement the Indexed Level 1959 Survivor Benefits GENERAL MANAGER’S RECOMMENDATION Adopt a Resolution of Intention to Approve an Amendment to Contract between California Public Employees’ Retirement System and the District in order to implement the Indexed Level of 1959 Survivor Benefits. SUMMARY The current Memorandum of Agreement (MOA) with the District Field Employees Association (FEA) requires the District to amend its agreement with the California Public Employees’ Retirement System (CalPERS) to implement the Indexed Level of 1959 Survivor Benefits. This benefit will provide for a monthly allowance to survivors of a member who dies prior to retirement. To implement the survivor benefit, the proposed CalPERS benefit change and subsequent contract amendment must be made public prior to adoption. This agenda item serves to make the contract change public in a subsequent meeting at which the Board will approve the contract amendment. At this time, the District’s Board of Directors must adopt a Resolution of Intention to Approve an Amendment to the CalPERS contract to implement this benefit. DISCUSSION The current MOA with the District FEA requires the District to implement the Indexed Level of 1959 Survivor Benefits through a contract amendment with CalPERS. This benefit is paid monthly to certain survivors of a member who dies before retirement and includes an automatic cost of living increase of two percent per year for beneficiaries already receiving this benefit and those who will receive it in the future. The benefit amounts for calendar year 2014 are $660, $1,319 and $1,979 for one, two and three eligible survivors, respectively. The cost to the District of the Indexed Level 1959 Survivor Benefits is $4.80 per member per month. The cost to the employees enrolled in this program is $2.60 monthly. Additionally, this program requires the District to continue to pay health benefits to the surviving recipients for life. R-14-22 Page 2 In order to implement this benefit, the Board must adopt a Resolution of Intention to approve a contract amendment and certify this resolution was adopted. After the Board adopts the Resolution of Intention, District employees enrolled in CalPERS will be given the opportunity to elect to receive this benefit. After the election period, the Board will adopt and approve a final resolution to implement the benefit. FISCAL IMPACT The cost to the District to join the 1959 Survivor program is estimated to be $6,912 annually. Initially the anticipated cost to the District was $2.60 per member. At this time the rate is $4.80 per member, which is $2.20 higher than initially budgeted. The expense of this program has been anticipated and included in the budget beginning with FY2013-14. The annual employer cost will be recalculated each year as the number of members in the pool and the employer cost may vary. The exact cost to the District to pay for life-long medical benefits to an employee’s survivor is unknown. Additionally, occurrence of this is rare. However, we have estimated the cost based on the following example: A 40-year-old survivor and children of an employee could receive $1,551.30 per month for medical insurance until age 65. At age 65, the survivor’s benefit would decrease to the retiree amount of $350 per month. Based on a general average of survivor life expectancy the total cost could be $528,390. This hypothetical estimate is based on current medical insurance rates for a 40 year period. It is important to note that the total cost to the District is based on variable factors including: life expectancy of survivors, changes in premium rates and the District contribution to retiree medical. In addition, the fiscal impact would be incurred over a 40-year period. PUBLIC NOTICE Notice was provided pursuant to the Brown Act. No additional notice is necessary. CEQA COMPLIANCE No compliance is required as this action is not a project under the California Environmental Quality Act (CEQA). NEXT STEP If approved, District staff enrolled in CalPERS will elect coverage under the 1959 Survivor program. A resolution for final approval and adoption of the benefit will be brought to the Board after the election period. Attachments: 1. Resolution of Intention to Approve an Amendment to Contract Between California Public Employees Retirement System and Midpeninsula Regional Open Space District 2. Certification of Governing Body’s Action 3. Certification of Compliance with Government Code Section 7507 R-14-22 Page 3 4. Indexed Level 1959 Survivor Fact Sheet Responsible Manager: Kevin S. Woodhouse, Assistant General Manager Prepared by: Candice Basnight, Human Resources Supervisor RESOLUTION NO. 14-___ RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide Section 21574.5 (Indexed Level of 1959 Survivor Benefits) for local miscellaneous members. NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency does hereby give notice of intention to approve an amendment to the contract between said public agency and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof. BE IT FURTHER RESOLVED, that this Resolution shall take effect immediately upon adoption. * * * * * * * * * * * * * * * * * * * * * * * * * * * * RESOLUTION NO. 14-___ PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on January 22, 2014, at a Regular Meeting thereof, by the following vote: AYES: NOES: ABSTAIN: ABSENT: 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 RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide Section 21574.5 (Indexed Level of 1959 Survivor Benefits) for local miscellaneous members. NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency does hereby give notice of intention to approve an amendment to the contract between said public agency and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof. Date adopted and approved (Amendment) CalPERS 10#2857159579 CON-302 (Rev_ 4/96) By: _________________ _ Presiding Officer Title CalPERS 'EXHIBIT California Public Employees' Retirement System -------�------- AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the Board of Directors Midpeninsula Regional Open Space District -------�------- The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective December 31, 1973, and witnessed November 14, 1973, and as amended effective April 4, 1977, June 26, 1997 and October 9, 2006 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as Tollows: A.' Paragraphs 1 through 12 are hereby stricken from said contract as executed 'effective October 9, 2006, and hereby replaced by the following paragraphs numbered 1 through ,13 inclusive: 1. .AII words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after December 31, 1973 making its employees as hereinafter provided, members of said System subject to all provisions of the, Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. � ,,""'. ;"'� ':""') �� � "f" """c. � , .... '., :� �("""-,�! � ,', " "' , " "': . _ ,'" L.,.! .'4"; ,.�,: '-"".1 J ',�j � ;_"�, j (, 'j 3. Public Agency agrees to indemnify, defend and hold harmless the California Public Employees' Retirement System (CaIPERS) and its trustees, agents and employees, the CalPERS Board of Administration, and the California Public Employees' Retirement Fund from any claims, demands, actions, losses, liabilities, damages, judgments, expenses and costs, including but not limited to interest, penalties and attorneys fees that may arise as a result of any of the following: (a) Public Agency's election to provide retirement benefits, provisions or formulas under this Contract that are different than the retirement benefits, provisions or formulas provided under the Public Agency's prior non-CaIPERS retirement program. (b) Any dispute, disagreement, claim, or proceeding (including without limitation arbitration, administrative hearing, or litigation) between Public Agency and its employees (or their representatives) which relates to Public Agency's election to amend this Contract to provide retirement benefits, provisions or formulas that are different than such employees' existing retirement benefits, provisions or formulas (c) Public Age�cy's agreement with a third party other than CalPERS to provide retirement benefits, provisions, or formulas that are different than the retirement benefits, provisions or formulas provided under this Contract and provided for under the California Public Employees' Retirement Law. 4. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Employees other than local safety members (herein referred to as local miscellaneous members). 5. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: a. SAFETY EMPLOYEES. 6. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment before and not on or after October 9, 2006 shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment on or after October 9, 2006 shall be determined in accordance with Section 21354.4 of said Retirement Law (2.5% at age 55 Full). 8. Public Agency elected and elects to be· subject to the following optional provisions: a. Section 20042 (One-Year Final Compensation). b. Section 21574.5 (Indexed Level of 1959 Survivor Benefits). 9. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on April 4, 1977. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 10. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members of said Retirement System. 11. Public Agency shall also contribute to said Retirement System as follows: a. ,Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574.5 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members. b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. c. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 12. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 13. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the e�ployee and the Board. ," .\ A-"':'. '\ B. This amendment shall be effeptfve on the __ day of . , ,,<'."�,,\ ',) BOARD OF ADMINISTRAJTe�" PUBLIC EMPLOYEES'",REq;iREMENT SYSTEM ("-! BY , < ,') KARE� {5�'�:��RANK, CHIEF CUS3;q,M ER ACCOUNT SERVICES DIVISION PUB£:-IC EMPLOYEES' RETIREMENT SYSTEM AMENDMENT CalPERS ID #2857159579 PERS-CON-702A BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT BY «:�6> ",i\"" ""),"' PRESIDI NG OFFICE :" ��';}" /.,'"Y r'· '" (':�';,,,)<' Clerk CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Branch Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229-2709 (888) CalPERS (225-7377) CERTIFICATION OF GOVERNING BODY'S ACTION I hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the __________________________________________________________ of the (governing body) (public agency) on ________________ _ (date) Clerk/Secretary Title PERS-CON-12 (rev. 1/96) CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Branch Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229-2709 (888) CalPERS (225-7377) CERTIFICATION OF COMPLIANCE WITH GOVERNMENT CODE SECTION 7507 I hereby certify that in accordance with Section 7507 of the Government Code the future annual costs as determined by the System Actuary for the increase/change in retirement benefit(s) have been made public at a public meeting of the on (date) Resolution / Ordinance. _____________ ________________________ of the (governing body) (public agency) which is at least two weeks prior to the adoption of the Adoption of the retirement benefit increase/change will not be placed on the consent calendar. Clerk/Secretary Title Date _______ _ PERS-CON-12A (rev. 1/96) Plans New to 1959 Survivor Benefit Program: Indexed Level The Indexed Level 1959 Survivor Benefit provides a monthly allowance for survivors of members who were covered for this benefit and who die before retirement. The benefit amounts for calendar year 2014 are $660, $1,319 and $1,979 for one, two and three eligible survivors, respectively. These amounts will increase by 2% on January 1 of each following year. The increased benefit amounts compounded by 2% annually are applicable to both current and future beneficiaries. This benefit coverage is available by contract amendment for those members who are not covered by Federal Social Security with their employer. The 1959 Survivor Benefit allowance is payable in addition to any other pre -retirement death benefit paid by Ca1PERS, with the exception of the Special Death Benefit. If the 1959 Survivor Benefit is greater than the Special Death Benefit, then the difference is paid as the 1959 Survivor Benefit. The Indexed Level assets are pooled. The Ca1PERS Board of Administration has approved the Indexed Level 1959 Survivor per member, per month normal costs for the fiscal year beginning July 1, 2013 as follows: Employer: $4.80 Employee: $2.60 The employer cost to initially join the 1959 Survivor program is the payment of the pool's annual employer normal cost for a period of five years. For example, if your plan has 65 members who elect the 1959 Survivor Indexed Level benefit at the time of contract, the employer cost would be $3,744.00 (member count x normal cost x 12) for the first year. The annual employer normal cost and member counts will be recalculated each year, thus the total employer cost will vary in subsequent years, even though the formula is the same. After the first five years, agencies will be required to pay the net premium for the Indexed Level pool (the pool's normal cost after amortization of the pool's surplus of unfunded liability). The annual payments are due in full at the start of each fiscal year; in general your first full year payment is due on August 15th following the contract date. As a result, payment cycles may not necessarily correspond with contract anniversary dates. The employee cost to fund the 1959 Survivor program is presently $2.60 per covered member, per month. In accordance with Section 21581 of the Public Employees' Retirement Law, since the total required premium after the amortization of the pool's surplus exceeds $4.00, the employee and employer shall split the cost evenly. This cost will be recalculated each year. CalPERS customarily approves new annual costs for the upcoming fiscal year at the June Finance and Administration Committee Meeting. Therefore, if your agency contracts with CalPERS and includes this provision after June 30, 2014, you must contact our office for updated cost information. Additional information regarding the 1959 Survivor Benefit Program may be found at www.calpers.ca.xov. Indexed Level 1959 Survivor Fact Sheet rev. 9/9/13 R-14-20 Meeting 14-03 January 22, 2014 AGENDA ITEM 5 AGENDA ITEM Approval of an Agreement to Exchange Real Property Interests with Santa Clara County (County) Roads & Airports concerning County property located on State Highway 9 and surrounded by Saratoga Gap Open Space Preserve (Santa Clara County Assessor’s Parcel Number: 503-37-004) and Midpeninsula Regional Open Space District (District) property located along Stevens Canyon Road at Saratoga Gap and Monte Bello Open Space Preserves (Portions of Santa Clara County Assessor’s Parcel Numbers: 351-26-003, 351-16-023 and 351- 16-014). GENERAL MANAGER’S RECOMMENDATIONS 1. Find that the District, acting as a Responsible Agency, has independently considered the Mitigated Negative Declaration approved by County Roads & Airports regarding the Stevens Canyon Road bridge replacement project. Determine that the recommended actions related to the real property exchange are categorically exempt from the California Environmental Quality Act as set out in the staff report. 2. Adopt a Resolution authorizing the Agreement to Exchange Interests in Real Property for roadway and open space purposes between the District and County. 3. Adopt the Preliminary Use and Management Plan for the property granted to the District. SUMMARY The proposed exchange agreement involves the District providing the County additional right-of- way easements to replace two bridges on Stevens Canyon Road and access to District land for riparian habitat and stream channel restoration work in exchange for a 4.71 acre County in- holding on Highway 9 as an addition to Saratoga Gap Open Space Preserve. The following report presents a brief description of exchange property interests, a recommended Preliminary Use and Management Plan, the environmental review analysis, and terms and conditions for the proposed exchange agreement. A unanimous vote of the seven members of the Board of Directors (Board) is required to approve this agreement because the transaction involves dedicated land, the exchange of which is governed by Public Resources Code section 5540.5. Costs associates with this item are nominal and covered under the existing Real Property Budget. See summary of Terms and Conditions below. DISCUSSION This item was brought to the Board on December 11, 2013 (R-13-119), but a motion modified the original General Manager’s Recommendation as the full Board was not present due to a R-14-20 Page 2 Board Member’s illness and full Board approval was required for the original recommendation. At this meeting, only the Right of Entry Agreements, which do not require full Board consent, were considered and approved to allow the County to keep the project on schedule and obtain the needed Federal Certification. The remaining items that are returning to the Board for full Board consideration as part of tonight’s meeting require unanimous full Board consent as they involve dedicated open space property. Background information and the details of these items are described further below and summarized in the Terms and Conditions section. County Bridge Replacement Project (see map, Attachment A) Phase 1 At the March 26, 2008 regular meeting, the Board approved a Permit to Enter and Construct with the County for the Phase 1 replacement of two County bridges along Stevens Canyon Road as the bridges required a slight roadway realignment affecting approximately 3,700 square feet of District land (R-08-44). Phase 2 of the project is to replace two additional bridges east of the Phase 1 bridges on Stevens Canyon Road. The Phase 1 bridges (bridges 37C576 & 37C577) were widened from one to two lanes and now meet current safety and fire engine standards. The Permit to Enter was approved with the understanding that the County would return for the property rights after Phase 1 of the project was completed. The County finished the construction of these new bridges on November 20, 2012, and is ready to permanently secure the property rights. The County is seeking right of way easement rights for 3,780 square feet of District Property and due to the realignment, the County will vacate 4,115 square feet of right-of-way to the District for a net gain to the District of 335 square feet. As part of the Phase 1 bridge replacement project, the County also requested the ability to utilize 51,634 square feet of District property adjacent to Stevens Creek to meet regulatory agency mitigation requirements. The mitigation work, which was reviewed and monitored by Natural Resources staff, included riparian habitat and stream channel restoration. The original term of the permit was from July 2009 to December 2013. The County requested an extension of this permit until December 2022 to allow for continued monitoring of the habitat and restoration work. This Right of Entry was approved by the Board on December 11, 2013. Phase 2 The County is currently working to replace two more outdated bridges along Stevens Canyon Road (bridges 37C0574 & 37C0575), and they were in need of a Right of Entry to realign the roadway to accommodate the new bridges. This Right of Entry was approved by the Board on December 11, 2013. The new alignment affects approximately 12,484 square feet of District property. The District will grant the needed permanent property rights after construction is complete. Similar to Phase 1, the County will vacate any excess right-of-way (currently estimated at 4,026 square feet) to the District, which would result in a net gain to the County of 8,458 square feet. The District completed a design review of the proposed bridges, and the County has accepted the District’s suggestion to add earth tone coloring to the bridge concrete to help the two new bridges better blend into the natural creek surroundings. In addition, the County requested a separate Right of Entry for the ability to utilize an additional 28,825 square feet of District property adjacent to Stevens Creek to meet mitigation requirements. The mitigation work will include riparian habitat and stream channel restoration work and the term is 10 years. This Right of Entry was approved by the Board on December 11, 2013. R-14-20 Page 3 County Conveyance Property At the time the first Right of Entry was approved in 2008, the District identified a 4.71-acre surplus County parcel located off of Highway 9 as a logical addition to the District’s Saratoga Gap Open Space Preserve as it is surrounded on three sides by District land. On May 28, 2013, Santa Clara County Roads & Airports secured permission from the County Board of Supervisors to declare this parcel surplus and to negotiate an Agreement to convey the property to the District in consideration for the transactions described above. The County obtained approval of the exchange agreement from the Board of Supervisors on December 17, 2013. USE AND MANAGEMENT Preliminary Use and Management Plan (Next Steps) The principal purpose of the Preliminary Use and Management Plan (PUMP) is to establish interim status quo District land management to be in effect between the purchase and the completion of a subsequent long-term plan. The PUMP will remain effective until a comprehensive plan or Master Plan is approved for Saratoga Gap Open Space Preserve. The PUMP includes routine patrol. The property will be maintained in its current condition, with no changes anticipated. If changes to land use or the physical environment are proposed in the future, the plan would be subject to further environmental review and public input. Public Access: Closed to public use. Signs and Site Security: Review and install preserve boundary signs where appropriate. Patrol: Patrol the property utilizing Congress Springs Road (Highway 9). Site Safety Inspection: There are no known safety hazards on the site. Name: Name the property as an addition to the Saratoga Gap Open Space Preserve. CEQA COMPLIANCE Project Description As the Lead Agency on this project, the County of Santa Clara adopted a Mitigated Negative Declaration (MND) on February 7, 2012. The project consists of replacing two existing bridges located on Stevens Canyon Road (a County road) and crossing Stevens Creek. The Project involves the phased demolition and reconstruction of the two bridges and related roadway improvements. The MND considered the replacement project and found that, with the incorporation of mitigations, the project would not have a significant effect on the environment. The action to be taken by the District consists of granting the County right of way easements and Rights of Entry as part of the County’s overall Stevens Canyon Bridge Replacement Project in exchange for the County granting a 4.71 acre property to the District as an addition to Saratoga Gap Open Space Preserve. Upon completion of the entire project, the District will grant permanent roadway easements to the County for affected lands, and the County will vacate excess portions of its existing right of way to the District. CEQA Determination R-14-20 Page 4 As a responsible agency under the California Environmental Quality Act (CEQA), the District considered the MND and determines that no substantial changes in the project or in the circumstances under which it will be undertaken have occurred. The District concludes that the acquisition phase of the project will not have a significant effect on the environment. It is categorically exempt from CEQA under Article 19, Sections 15316, 15317, and 15061 of the CEQA Guidelines as follows: Section 15316 exempts the acquisition of land in order to create parks if the land 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 in order to maintain the open space character of the property. This purchase qualifies under these two sections. The actions recommended in the Preliminary Use and Management Plan are also exempt under section 15061(b)(3), as there is no possibility the recommended actions will have a significant effect on the environment. TERMS AND CONDITIONS The Agreement to Exchange Property Interests in Real Property between the County and District includes the following key terms and conditions: 1. Phase 1 of County Bridge Replacement Project: • District will grant County right of way easements, including 3,780 square feet for the completed Phase 1 bridge replacements. • District has issued an extension of the Right of Entry for Phase 1 mitigation area (51,634 square feet) until December 31, 2022 at Monte Bello Open Space Preserve. This allows for continued monitoring of planted native trees and plants and continued invasive plant removal to ensure a successful restoration. 2. Phase 2 of County Bridge Replacement Project: • District has issued the County a new Right of Entry until December 31, 2018 for Phase 2 to replace two bridges on Stevens Canyon Road utilizing 12,484 square feet of District land for bridge construction, and an additional 4,687 square feet for temporary construction staging. • After construction is complete, the District will grant right of way easements to the County for the needed right of way currently estimated at 8,458 square feet. • District has issued the County a Right of Entry for mitigation work on Monte Bello Open Space Preserve for an area of 28,825 square feet along Stevens Creek that expires December 31, 2025. 3. County grant to District: • County will grant a 4.71-acre property to the District as an addition to the Saratoga Gap Open Space Preserve. R-14-20 Page 5 • County will vacate the excess right of way for Stevens Canyon Road after bridge construction is complete, which is estimated at 11,921 square feet. 4. Escrow for these property conveyances would close on or before December 31, 2018. Title and escrow costs will be split 50/50 between the County and District. The District has determined that the exchange of interest in real property is of equal or greater value to the public, and the exchange has been determined to be in accordance with the District’s enabling legislation set out in Section 5500 et seq. of the California Public Resources Code. Because the District land needed for the bridge replacements is dedicated land, a unanimous vote of the seven Board members is required to approve this property exchange. FISCAL IMPACT The District will be responsible for splitting any escrow fees and closing costs with the County 50/50. These minor costs will be covered from the Real Property Budget. BOARD COMMITTEE RECOMMENDATIONS The Board previously reviewed this project in March 2008 and December 2013. Therefore, additional Board Committee review is not required for this agenda item. PUBLIC NOTICE Public notice was provided as required by the Brown Act. Adjoining property owners have been mailed a copy of the agenda for this public meeting. NEXT STEPS Upon approval by the Board of Directors, staff will work to execute the easement agreements, execute the grant deed, and oversee the construction phase of the project as it impacts District property. The conveyance of the right of way easements to the County and the 4.71 acre property to the District will close escrow on or before October 31, 2018. Attachments: 1. Draft Resolution 2. Location Map Responsible Department Manager: Michael Williams, Real Property Manager Prepared by: Allen Ishibashi, Real Property Specialist Graphics prepared by: Michele Childs, GIS Technician Jon Montgomery, GIS Intern Attachment 1 RESOLUTION 14-_____ RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AND AUTHORIZING ACCEPTANCE OF AGREEMENT TO EXCHANGE INTERESTS IN REAL PROPERTY; AUTHORIZING THE PRESIDENT OF THE BOARD, GENERAL MANAGER OR OTHER OFFICER TO EXECUTE EASEMENT DEEDS WITH SANTA CLARA COUNTY, CERTIFICATES OF ACCEPTANCE FOR THE GRANT DEED, AND QUITCLAIM DEEDS TO THE DISTRICT; AND AUTHORIZING THE GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO THE CLOSING OF THE TRANSACTION (MONTE BELLO & SARATOGA GAP OPEN SPACE PRESERVE-LANDS OF SANTA CLARA COUNTY) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: SECTION ONE. Accepts the Agreement to Exchange Interests in Real Property between Santa Clara County and the Midpeninsula Regional Open Space District and authorizes the President of the Board, General Manager or appropriate officer to execute the Agreement on behalf of the District. SECTION TWO. Authorizes the General Manager, President of the Board or other appropriate officer to execute right of way easement deeds to Santa Clara County and the certificates of acceptance for the Santa Clara County conveyances to the District (grant deed and quitclaim deeds). SECTION THREE. Authorizes the General Manager and General Counsel to execute any and all other documents necessary or appropriate to the closing of the transaction approved in this Resolution. Authorizes the General Manager and General Counsel to also approve minor, or technical revisions to the Agreement and Easement Deeds that do not involve any substantial change to any terms of the Agreement and Easement Deeds, and which are necessary or appropriate to the closing or implementation of this transaction. SECTION FOUR. Directs the General Manager or the General Manager’s designee to give appropriate notice of acceptance to the County and to extend escrow if necessary. SECTION FIVE. Authorizes the General Manager or the General Manager’s designee to expend up to $2,500.00 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. SECTION SIX. Finds and determines that, pursuant to § 5540.5 of the Public Resources Code of the State of California, the granting and acceptance of these fee and easement property interests are consistent with Public Resources Code §5540.5, that the real properties being acquired by the District are of equal or greater value than the real property interests being conveyed to Santa Clara County, and are necessary to be acquired for open space purposes. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Phase 1 Mitigation Phase 2BridgeReplacement CountySurplusParcel Phase 2Mitigation Phase 1Completed BridgeReplacementSaratogaGap MonteBello SaratogaGap £¤35 CA H w y.9 StevensCan yo n R d . Heather Hei g h ts Rd. RedMountain Trail Zinfa n delTrail Achistacatrail SaratogaG a p Trail Char c o alRd CharcoalRoad C r e e k T r a il RedMountain Trail £¤9 Stevens Creek O i l C reek Sar a t o g a Creek Mi d p en in su la Re g io na lOpen S p ac e Di st r ic tAttachment A : S t e v e n s C re e k B r id g e s December, 2013 Path: G:\Projects\Saratoga_Gap\Stevens_Canyon\Stevens_Canyon_Bridges.mxd Created By: jmontgomery 0 0.50.25MilesI (M RO S D ) Ot her Pr o t ect ed O p en S p ac eor Pa rk La nds No n M R O SD C o n serv at io n or A g ri c ult ur al E asem ent MR O SD C on serv at i o nor A g ri c ult ur al E asem ent MR O SD Pr ese rves Pr i va te Pr op er t y Deve lo ped L a nd While the District strive s t o u se t he best availab le digit al d at a, this data does not rep resent a legal survey an d is mer ely a graphic illustration of geographic featur es. ! ! ! ! ! ! Cupertino Area ofDetail £¤280 St ev e ns_Ca n yo n _Br idge s&".mxd" £¤35 C ou nt y S ur p lus Par cel Br i dg e Repl ace ment Mi t i g at i o n Canyon Trail R-14-09 Meeting 14-03 January 22, 2014 AGENDA ITEM 6 AGENDA ITEM Adoption of Ordinance Amending the “Regulations for Use of Midpeninsula Regional Open Space District Lands” and Adoption of District Bail Schedule for newly added Regulations GENERAL MANAGER’S RECOMMENDATIONS 1. Waive second reading and adopt the ordinance updating Regulations for Use of Midpeninsula Regional Open Space District Lands; 2. Adopt the District Bail Schedule for newly added Regulations. SUMMARY Proposed updates to the District’s Regulations for use of Midpeninsula Regional Open Space District Lands were reviewed by the Board of Directors at a first reading on January 8, 2014 (see report R-14-06). During that meeting two revisions to the proposed updates were discussed and approved by the Board as described below. Attachment 1 contains the final language of the ordinance proposed for adoption. DISCUSSION The two revisions adopted during the Board meeting have been included in the proposed updates (see Attachment 1). The revisions are: the update of an existing regulation requiring the removal of dog excrement (701.5), and the addition of a new regulation (702.7) which prohibits the diversion of water. The changes to the regulations are shown below (text to be added appears in underline; text to be removed appears in strikethrough). 701.5 Removal of Dog Excrement. No person responsible for an animal a dog shall allow its excrement or feces to remain in an area if it poses a health hazard, a public nuisance, or is in an area posted requiring its removal on District lands. 702.7 Unpermitted Diversion of Water. No person shall divert water from any surface water, ground water, or water storage facility on District Lands without the express written permission of the District. FISCAL IMPACT The District receives minimal revenue from the court fines. The newly added regulations are not anticipated to noticeably change revenues from court fines. R-14-09 Page 2 PUBLIC NOTICE Public notice was provided as required by the Brown Act. CEQA COMPLIANCE No compliance is required as this action is not a project under CEQA. NEXT STEPS Pursuant to California Public Resources Code section 5547, the ordinance will be published in a newspaper of general circulation within 30 days after adoption. Staff will submit the updated Bail Schedule to the San Mateo and Santa Clara County courts for implementation. Attachments: 1. Ordinance: “Regulations For Use Of Midpeninsula Regional Open Space District Lands” 2. Additions to the District’s Bail Schedule Responsible Department Head: Brian Malone, Acting Operations Manager Prepared by: Gordon C. Baillie, Operations Management Analyst ORDINANCE NO. 2014-01 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AMENDING ORDINANCE NO. 93-1 REGARDING THE USE OF DISTRICT LANDS THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DOES ORDAIN AS FOLLOWS: SECTION ONE. Findings. A. Pursuant to Public Resources Code §5558, the Board of Directors of the Midpeninsula Regional Open Space District (District) hereby finds that adoption of this ordinance is necessary for the administration, governance, protection, and use of District lands and facilities, and is necessary and appropriate for the sage use of District lands by the public. B. The Board of Directors of the Midpeninsula Regional Open Space District further finds that the proposed ordinance is consistent with, and assists in implementing, the District’s Basic Policy Statement. SECTION TWO. Sections 100 through Section 808 of Ordinance 14-01 are hereby adopted as attached in Exhibit A, a copy of which is incorporated herein by reference as though fully set forth. SECTION THREE. A copy of this ordinance shall be published at least once within thirty (30) days of adoption in a newspaper of general circulation in San Mateo and Santa Clara Counties and printed, published, and circulated in the District, and shall be effective from and after July 1, 2014. The foregoing ordinance was introduced at a regular meeting of the Board of Directors held on January 8, 2014, and adopted as an ordinance of the Midpeninsula Regional Open Space District at a regular meeting of the Board of Directors held on January 22, 2014, by the following vote: AYES: NOES: ABSTAIN: ABSENT: 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 Page 1 of 21 REGULATIONS FOR USE OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT LANDS Adopted by Ordinance No. 93-1, July 28, 1993 Revised and Adopted by Ordinance No. 96-1, February 28, 1996 Revised and Adopted by Ordinance No. 03-01, June 6, 2003 Revised and Adopted by Ordinance No. 03-02, August 13, 2003 Revised and Adopted by Ordinance No. 04-01, August 25 2004 Revised and Adopted by Ordinance No. 14-01, January 22, 2014 CHAPTER I. DEFINITIONS SECTION 100. TITLE. The following regulations shall be known as “Regulations for Use of MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Lands” and may be referred to as “land use regulations.” SECTION 101. PURPOSE. These regulations are adopted to provide responsible stewardship for District Lands, to establish orderly use, and to maintain a natural and quiet environment for persons on the lands. They are established according to the Basic Policy of the Board of Directors of MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, adopted March 27, 1974, and as amended March 10, 1999, that “The District follows management policies that ensure proper care of the land, that provide public access appropriate to the nature of the land, and that are consistent with ecological values and public safety.” SECTION 102. DEFINITIONS. Unless the context otherwise requires, the following definitions shall govern the construction and interpretation of these regulations. SECTION 103. DISTRICT, DISTRICT LANDS DEFINED. “District” means MIDPENINSULA REGIONAL OPEN SPACE DISTRICT. The term “District Lands” includes all lands, interests in lands, structures, improvements, and waters owned, controlled, leased, licensed or managed by MIDPENINSULA REGIONAL OPEN SPACE DISTRICT. SECTION 104. PERSON DEFINED. “Person” means any individual, firm, corporation, club, municipality, district, or public agency, and all associations or combinations of persons whenever acting for themselves or by any agent, servant, or employee. SECTION 105 JUVENILE DEFINED. A juvenile is defined as any person under the age of 18 years. SECTION 106 SADDLE OR PACK ANIMAL DEFINED. A saddle or pack animal is defined as any horse, pony, mule, donkey, other member of the equine family, alpaca or llama whether used for riding or packing or neither. It does not include any other animal that may be used for saddle or packing purposes. Page 2 of 21 SECTION 107 DESIGNATED TRAIL DEFINED. A “Designated Trail,” is a trail maintained by the District which is shown on the District’s official preserve maps or is identified as a designated trail in the District’s Use and Management Plan for the preserve. The area of the trail is defined as the graded trail surface. It does not include the uphill embankment, downhill embankment, or any area or corridor adjacent to the trail surface. SECTION 108 DESIGNATED AREA DEFINED. A “Designated Area,” is any area or trail on District lands specifically designated for a specific use or activity or where a specific use or activity is prohibited or restricted by a District rule, regulation, Ordinance, sign, notice or permit. SECTION 109 WATER AREAS OF THE DISTRICT DEFINED. “Water Areas of the District,” are defined as all water areas on District Lands, including, but not limited to, natural and artificial swimming pools, reservoirs, ponds, lakes, creeks, streams, bays, tidal areas, flood control channels, and other structures designed or able to hold water. SECTION 110. PERMIT OR PERMISSION DEFINED. Unless otherwise expressly provided herein, “permit” or “permission” means permission, granted in writing by the General Manager or his/her designee or an authorized representative of MIDPENINSULA REGIONAL OPEN SPACE DISTRICT. SECTION 111. CLIMBING DEFINED. Climbing is defined as suspending oneself by hands and or feet or with a rope or other support, such that one could not stand up unsupported on his/her feet or progress up or down without the use of their hands or other support without jumping or falling. SECTION 112 DISTRICT EMPLOYEE DEFINED. A “District Employee,” is any full or part time paid employee of Midpeninsula Regional Open Space District. This definition does not include volunteers. SECTION 113. BOARD DEFINED. “Board” means the Board of Directors of MIDPENINSULA REGIONAL OPEN SPACE DISTRICT. SECTION 114. HEADINGS AND DIVISIONS. Headings and divisions are for convenience only, and shall not be considered in the interpretation of this Ordinance, and shall not in any way affect the conduct or activities covered by other sections of this Ordinance. SECTION 115. PUBLIC VIEW DEFINED. “Public View” is defined as a location which can be seen from a road, trail, staging area, parking lot, campground or picnic area, or other District structure or facility. CHAPTER II. REGULATIONS SECTION 200. GENERAL REGULATIONS. District Lands shall be open and accessible to all persons, except as otherwise provided by resolution, regulation, or rule of Page 3 of 21 the Board, by administrative action of the General Manager or his/her designee under this Ordinance, or by individual Site Use and Management Plans adopted by the Board. 200.1 The Board may, by resolution, regulation, or rule, provide for a system of permits and the issuance thereof. It may by such system require permits for the use of certain lands, exempt certain lands or classifications of permits there from, and establish a system of fees and other policies in connection with the administration of a permit system. 200.2 Any person entering upon District Lands shall abide by the rules and regulations of the District, the regulations or provisions of any sign or posted notice, the terms and conditions of any permit, the lawful order or other instruction of any District ranger appointed by the Board or any peace officer, the laws of the State of California, any Federal law, and all applicable county and other local ordinances. 200.3 The provisions of this Ordinance shall not apply to employees and officials of the District acting within the scope of their authorized duties. However, District employees and officials shall abide by the laws of the State of California, any Federal law and all applicable county, city and other local ordinances. 200.4 All District lessees, contractors, consultants, agents and representatives shall abide by all provisions of this Ordinance unless the provision(s) conflicts with a written contract or agreement with the District. When a conflict occurs, the conditions of the written contract or agreement shall take precedence. However, lessees, contractors, and consultants shall abide by the laws of the State of California, any Federal law, and all applicable county, city and other local ordinances. 200.5 Failure to comply with a permit. No person issued a permit shall violate the terms or conditions of the permit. SECTION 201. SPECIAL REGULATIONS. Special regulations or requirements do not preclude the application of general regulations unless expressly indicated. CHAPTER III. GENERAL RULES SECTION 300. AUTHORITY. All sections of this Ordinance are adopted pursuant to Sections 5541, 5558, and 5559 of the Public Resources Code of the State of California, and apply to all District Lands. A title, where used, does not limit the language of a section. SECTION 301. VIOLATIONS OF ORDINANCE, A MISDEMEANOR OR INFRACTION. Unless otherwise stated, any violation of this Ordinance or of any rule or regulation adopted by the District is punishable as an infraction. Page 4 of 21 When any violation of this Ordinance or of any rule or regulation adopted by the District is punishable as a misdemeanor, the prosecutor may file a complaint or make a motion to amend an accusatory pleading specifying that the offense is an infraction. When any violation of this Ordinance or of any rule or regulation adopted by the District is punishable as an infraction, the prosecutor may file a complaint or make a motion to amend an accusatory pleading specifying that the offense is a misdemeanor. SECTION 302. SEVERABILITY. If any chapter, section, subsection, paragraph, subparagraph, sentence, or clause of this Ordinance is, for any reason, held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Board of Directors declares that this Ordinance, and each chapter, section, subsection, paragraph, sentence, and clause thereof, would have been adopted regardless of such possible finding of invalidity or unconstitutionality and, to that end, the provisions of this Ordinance are hereby declared to be severable. SECTION 303. AMENDMENT OR REPEAL. When a section, rule, or regulation is amended or repealed, acts and commissions occurring before the amendment or repeal may be prosecuted as though such section, rule, or regulation had not been amended or repealed. SECTION 304 CITATIONS FOR MISDEMEANORS. If any person is arrested for a violation of an ordinance, and such person is not immediately taken before a magistrate, the arresting officer shall prepare in duplicate a written notice to appear in court, containing the name and address of such person, the offense charged, and the time and place where and when such person shall appear in court. a) The time specified in the notice to appear must be at least five days after such arrest. b) The place specified in the notice to appear shall be the court of the magistrate before whom the person would be taken if the requirement of taking an arrested person before a magistrate were complied with, or shall be an officer authorized by such court to receive a deposit of bail. c) The officer shall deliver one copy of the notice to appear to the arrested person, and the arrested person in order to secure release must give his/her written promise so to appear in court by signing the duplicate notice which shall be retained by the officer. Thereupon the arresting officer shall forthwith release the person arrested from custody. d) The officer shall, as soon as practicable thereafter, file the duplicate notice with the magistrate specified therein. Thereupon the magistrate shall fix the amount of bail which in his/her judgment, in accordance with the provisions of Section 1275 of the Penal Code, will be reasonable and sufficient for the appearance of the defendant and shall indorse upon the notice a statement signed by him in the form set forth in Section 815a of Page 5 of 21 the Penal Code. The defendant may, prior to the date upon which he/she promised to appear in court, deposit with the magistrate the amount of bail thus set. Thereafter, at the time when the case is called for arraignment before the magistrate, if the defendant shall not appear, either in person or by counsel, the magistrate may declare the bail forfeited, and may in his/her discretion order that no further proceedings shall be had in such case. Upon the making of such order that no further proceedings be had, all sums deposited as bail shall forthwith be paid into the county treasury for distribution pursuant to Section 1463 of the Penal Code. e) No warrant shall issue on such charge for the arrest of a person who has given such written promise to appear in court, unless and until he/she has violated such promise or has failed to deposit bail, to appear for arraignment, trial or judgment, or to comply with the terms and provisions of the judgment, as required by law. SECTION 305 WILLFULLY VIOLATING WRITTEN PROMISE TO APPEAR. Any person who willfully violates his/her or her written promise to appear or a lawfully granted continuance of his/her promise to appear in court is guilty of a misdemeanor, regardless of the disposition of the charge upon which he/she was originally arrested. SECTION 306 ARREST WARRANT FOLLOWING FAILURE TO APPEAR. When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in Section 5560.5 of the Public Resources Code, the magistrate shall issue and have delivered for execution a warrant for his/her arrest within 20 days after his/her failure to appear as promised, or if such person promises to appear before an officer authorized to accept bail other than a magistrate and fails to do so on or before the date which he/she promised to appear, then, within 20 days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense. When such person violates his/her promise to appear before an officer authorized to receive bail other than a magistrate, the officer shall immediately deliver to the magistrate having jurisdiction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting officer. CHAPTER IV. PRESERVE USES – GENERAL SECTION 400. CAMPING. 400.1 General. No person shall erect or use a tent or shelter of any kind, arrange bedding, or prepare food in such a way that will enable a person to remain after official closing hours on District Lands, except by written permit in Designated Areas. Any person receiving a written permit to camp in a designated area shall abide by the terms and conditions of the permit. 400.2 Juvenile. No juvenile shall camp on any District Lands, except when: Page 6 of 21 a) accompanied by a parent or guardian; or b) part of a group supervised by at least one adult responsible for each ten or fewer juveniles; or c) the juvenile is an emancipated minor. SECTION 401. SWIMMING . 401.1 General. No person shall swim, wade, or engage in any water-contact activity in any Water Areas of the District except in Designated Areas. 401.2 Definition. “Water-contact activity” is defined as any activity in which the body of a person comes into physical contact with water areas by swimming, washing, wading, aqua-planing, paddle boarding, skin diving, water skiing or similar activity. It does not include boating, fishing, or when using a Designated Trail. SECTION 402. BOATING. 402.1 General. No person shall place, or attempt to place, a boat, kayak, rubber raft, or other vessel of any description in the Water Areas of the District, except as expressly allowed by permit or rule or regulation of the District. SECTION 403. FIREARMS, TRAPS, WEAPONS, AND DANGEROUS DEVICES. 403.1 General. a) No person shall carry, possess, use, set, leave or deposit, fire or discharge, or cause to be fired or discharged, across, in, on, or into any portion of District Lands any gun or firearm, spear, missile, bow and arrow, cross bow, sling shot, trap, snare or hunting device, ammunition, throwing knife, hatchet, axe, sword, machete, martial arts throwing device, any device capable of firing or launching a projectile, or any other weapon or device not otherwise specified, capable of injuring or killing any person or animal. Violation of this sub-section is punishable as a misdemeanor. b) No person shall carry, possess, set, leave or deposit, fire or discharge, or cause to be fired or discharged, across, in, on, or into any portion of District Lands any paint ball gun, BB gun, air gun or similar device. 403.2 Exceptions. This section shall not apply to: a) the possession of otherwise lawful unloaded firearms or dangerous weapons on public roads solely for the purpose of transporting such firearms or dangerous weapons through District Lands for lawful purposes; b) the possession of otherwise lawful firearms or other dangerous weapons at a place of residence or business located on District Lands by a person in lawful possession of the residence or business; c) the possession and use of such firearms or weapons granted by written permit for resource management or educational purposes. Page 7 of 21 SECTION 404. FIRES. 404.1 General. No person shall light, build, maintain, or attempt to light, build, or maintain, a fire of any nature on District Lands, except in permanent fixed barbecues, camp stoves or fireplaces established and authorized by the District. A fire shall include, but not be limited to any campfire, ground fire, warming fire, signal fire, charcoal fire, stove, gas lantern, punk, candle, smudge stick, flare, fusee, or any other incendiary device. This shall not apply to the permitted use of gas camp stoves or gas lanterns when used in Designated Area specified for camping. 404.2 Smoking. No person shall smoke on District Lands, except in Designated Areas. SECTION 405. SANITATION. 405.1 Disposal of Effluent. No person shall deposit waste water, sewage or effluent from vehicles, trailers, sinks, portable toilets, or other fixtures upon or into the ground or water. Violation of this sub-section is punishable as a misdemeanor. 405.2 Use of Facilities. No person shall deposit any waste in or on any portion of any restroom or other structure except into fixtures provided for that purpose. 405.3 Protection of Facilities. No person shall place any bottle, can, cloth, rag, metal, wood, paper, stone, or other substances in any fixture in such a manner as would interfere with the normal operation of such fixture. 405.4 Defecation. No person shall defecate in Public View or within twenty-five (25) feet of a Designated Trail. 405.5 Urination. No person shall urinate in Public View. SECTION 406. METAL DETECTORS. 406.1 General. No person shall possess or use a metal detector or similar device on District Lands, except as provided in subsection 702.5. SECTION 407. DISTURBING THE PEACE. 407.1 Obstructing Free Passage. No person shall by force, threat, intimidation, or by any unlawful signing, fencing or enclosing, or any other unlawful means, prevent or obstruct any person from peacefully entering any District Lands, or prevent or obstruct free passage or transit over or through any District Lands. Violation of this sub-section is punishable as a misdemeanor. 407.2 Interference With Use of District Lands. No person shall engage in behavior that unreasonably interferes with others in the normal, free and safe use of District Lands. Violation of this sub-section is punishable as a misdemeanor. Page 8 of 21 407.3 Noise. No person shall play or operate any sound amplification devices, including radios, television sets, public address systems, musical instruments, or similar devices in such a way as to be audible beyond 100 feet of such device or musical instrument, or in such a manner as to disturb the quiet of District Lands, without prior written permission. 407.4 Lawful Order. It is unlawful to willfully fail or refuse to comply with any lawful order, signal, or direction of any District or other peace officer when that peace officer is performing his/her duties under any of the provisions of this Ordinance, or other statute, code, Federal, State or local law, ordinance or regulation which the District or other peace officer is authorized to enforce. Violation of this sub-section is punishable as a misdemeanor. 407.5 Order to Vacate. Any person who has committed a public offense in a District preserve or within the District’s boundaries shall leave District lands upon request made by any Peace Officer. No person who has left such lands after such a request may reenter any District lands prior to official sunrise on the following day. SECTION 408. ORGANIZED GROUP SPECIAL EVENTS AND ACTIVITIES. 408.1 Organized Group Special Events and Activities Defined. An Organized Group Special Event or Activity is any event or activity which: a) is advertised or noticed in any publication, poster, electronic posting, social media, or flyer; or b) requests or requires a fee be paid for participation; or c) may be attended by twenty (20) or more people. 408.2 Permits. No person shall hold, conduct, organize, or take part in any Special Event or Activity as defined in section 408.1 on District Lands without written permission. Violation of this sub-section is punishable as an infraction. a) Where such unpermitted Special Event or Activity causes direct physical harm to District Lands, or which is attended by forty (40) or more people, or which is conducted after official hours, then violation of this sub-section is punishable as a misdemeanor. 408.3 Individual Participation . No person shall participate in any Activity or Special Event on District Lands without written permission when the Activity or Special Event requires a written permit pursuant to this Ordinance. 408.4 The District may deny a request for a permit when the General Manager or his/her designee finds that the requested Special Event or Activity or similar event will disrupt or unreasonably interfere with the normal use, operation, enjoyment or management of the site or facility, or have an adverse impact on the ecological or historical characteristics of any District Lands. Page 9 of 21 SECTION 409. MISCELLANEOUS ACTIVITIES. 409.1 Fireworks. No person shall possess, deposit, give, sell, discharge, set off, or cause to be discharged, on or into any portion of District Lands any firecrackers, missiles, rockets, fireworks, explosives, or explosive devices. 409.2 Harmful Substances. No person shall possess, place, or apply any substance on District Lands harmful to any person, property, wildlife, or vegetation. Violation of this sub-section is punishable as a misdemeanor. 409.3 Golf. No person shall drive, chip, or in any other manner play or practice golf, or hit golf balls on, over, or into District Lands. 409.4 Model Craft. No person shall operate any self-propelled or remote controlled drones, model airplanes, boats, automobiles, or other model craft of any kind or description on, over, or into any portion of District Lands or Water Areas of the District, except in Designated Areas, or by written permit. When allowed, model craft shall be operated in compliance with posted or adopted rules and regulations. 409.5 Human Flight. No person shall hang-glide, parachute, parasail or engage in any human flight on, over, or into District Lands, except by written permit in Designated Areas. Violation of this sub-section is punishable as a misdemeanor. 409.6 Skating, Scooters, Skate Boards and Other Coasting, Sledding or Sliding Devices. No person shall roller skate, in-line skate, grass skate, grass ski, grass sled or operate a go cart, self propelled or motorized scooter, a self- propelled or motorized skate board, or similar device on District Lands including off road versions of all the listed devices, except on trails or locations specifically designated for such use. 409.7 Reckless or Negligent Activity. No person shall engage in any recreational pursuit or activity, or operate any device that recklessly or negligently endangers the safety of any: person, property, wildlife, natural features or which interferes with visitor activities. Violation of this sub-section is punishable as a misdemeanor. 409.8 Possession of a District Lock or Key. Any person who possesses, makes, duplicates, causes to be duplicated, or uses, or attempts to make, duplicate, cause to be duplicated, or use, or has in his possession any key to a building or other area owned, operated, or controlled by the District without authorization from the person in charge of such building or area or his designated representative, is guilty of a misdemeanor. 409.9 Segways and Electric Bicycles. No person shall possess or use a Segway, electric powered bicycle, or similar device on District Lands including off road versions of all the listed devices, except on trails or locations specifically designated for such use. SECTION 410. ALCOHOLIC BEVERAGES. Page 10 of 21 410.1 General. No person shall possess or consume alcoholic beverages except beer and wine, and only as part of a picnic meal. 410.2 Designated Area. No person shall possess or consume alcoholic beverages in an area that has been declared by the General Manager or his/her designee or an authorized representative to be an area where alcohol use is prohibited. SECTION 411. SIGNS. 411.1 Defacement. No person shall remove, deface, change, mark, or otherwise alter any sign duly erected or posted on District Lands. Violation of this sub- section is punishable as a misdemeanor. 411.2 Unauthorized Signs. No person shall post or fasten any notice, including but not limited to, any bill, advertisement, directional or informational sign, or inscription whatsoever on any tree, fence, building, monument, sign, bulletin board, utility pole, lighting fixture, or other property on District Lands, without written permission. 411.3 Obeying Signs. No person shall fail to obey the directions of a posted regulatory sign. SECTION 412 NUDITY. No person shall expose any part of the pubic or anal region or genitalia while on District Lands in Public View. CHAPTER V. PRESERVE USES - RIDING/HIKING TRAILS SECTION 500. RIDING / HIKING TRAILS. 500.1 Trail Use Speed Limit. All users of District Lands shall comply with all established trail use speed limits. The maximum speed for all trail uses is 15 miles per hour, unless otherwise posted. Bicyclists and equestrians are required to slow to 5 miles per hour when passing others or approaching blind turns. 500.2 One-way Trails. No person shall operate a bicycle or unicycle or similar device, or ride or lead a saddle horse, pony, mule, or other such animal on a one-way trail in a direction or travel designated or signed to prohibit such use. 500.3 Gates. Any person opening a gate shall close the gate. 500.4 Dangerous Trail Use. No person shall run or jog in such a way as to endanger hikers, equestrians, bicyclists or others using District Lands. SECTION 501. SADDLE ANIMALS. Page 11 of 21 501.1 Closed Areas. No person shall ride, drive, or lead a Saddle or Pack Animal on any trail, roadway or established firebreak designated or signed to restrict horse use. Saddle or pack animals must stay on Designated Trails, roadways which are Designated Areas for such use, and established firebreaks. 501.2 Unsafe Use. No person shall ride, drive, or lead any saddle or pack animal in a reckless or negligent manner so as to endanger public property, or the life, limb, or property of any person or animal, including the rider. No person shall allow his/her saddle or pack animal to stand unattended or insecurely tied. Violation of this sub-section is punishable as a misdemeanor. 501.3 Carts and Wagons. No person shall possess or operate a cart, wagon, or similar device attached to any animal on District Lands without a written permit. SECTION 502. BICYCLES. 502.1 Closed Areas. No person shall possess or operate a bicycle, unicycle or similar device on District Lands except on trails or roadways designated by the District for such use. 502.2 Unsafe Operation. No person shall operate a bicycle or unicycle or similar device in a reckless or negligent manner so as to endanger public property, or the life, limb, or property of any person or animal including the rider. Violation of this sub-section is punishable as a misdemeanor. 502.3 Helmet Violations. a) No person eighteen years or older shall operate a bicycle or unicycle or similar device upon District Lands unless that person is wearing a properly fitted and fastened bicycle helmet. Such bicycle helmets must meet the standards of either the American Society for Testing and Materials (ASTM) or the United States Consumer Product Safety Commission (CPSC), or standards subsequently established by those entities. b) Except in designated parking areas, no person shall possess a bicycle or unicycle or similar device on District Lands without also possessing a bicycle helmet. Such bicycle helmets must meet the standards of either the American Society for Testing and Materials (ASTM) or the United States Consumer Product Safety Commission (CPSC), or standards subsequently established by those entities 502.4 Walk-Only Zones. No person shall ride a bicycle or unicycle or similar device on a section of trail designated or signed as a walk-only zone. Any person may dismount and walk a bicycle through a walk-only zone. 502.5 Mechanical Operation. No person shall operate a bicycle, unicycle or similar device on District Lands that does not have properly functioning brakes, drive train, seat and steering. Page 12 of 21 502.6 Headsets and Earplugs. A person operating a bicycle, unicycle or similar device on District lands may not wear a headset covering, or earplugs in, both ears. This prohibition does not apply to any person using a prosthetic device that aids the hard of hearing or any other medical device required to be worn for medical purposes. SECTION 503 CLIMBING 503.1 Climb In Designated Areas Only. No person shall climb or rappel on any rocks, boulders, caves, cliffs, any other geologic formations, or trees on District Lands except in Designated Area. 503.2 Placing Anchors Prohibited. No person shall place any permanent anchors or bolts in rock, soil, trees or other natural or manmade features on District Lands in a designated climbing area unless specific written authorization has been granted by the District in advance. Violation of this sub-section is punishable as a misdemeanor. 503.3 Possession of Tools. No person shall possess tools used for installing anchors, bolts or clearing vegetation from geologic formations, including but not limited to wire brushes, scrapers, drills, or rock hammers on District Lands. except in a designated parking area, or with written permission. SECTION 504 TRESPASS ON DISTRICT LANDS: Trespass on District Lands is unlawful under Section 602 of the Penal Code. As defined in the Penal Code trespass includes, but is not limited to, destruction of property and unauthorized entry on to District Lands or private property. CHAPTER VI. PRESERVE USES - COMMERCIAL/REVENUE SECTION 600. COMMERCIAL SOLICITING. 600.1 General. No person shall solicit, sell, hawk, or attempt to solicit, sell, or hawk, or otherwise peddle any goods, wares, merchandise, liquids, edibles for human consumption, or distribute commercial circulars, pamphlets, or flyers on District Lands except by written permission. Violation of this sub-section is punishable as a misdemeanor. SECTION 601. GRAZING. 601.1 General. No person shall allow cattle, sheep, goats, or any animal to graze, browse, or feed on District Lands except with written permission. Violation of this sub-section is punishable as a misdemeanor. SECTION 602. HARVESTING AND PLANTING. Page 13 of 21 602.1 General. No person shall plant, cultivate, harvest, or attempt to plant, cultivate, or harvest any plant or agricultural crop on District Lands except with written permission. Violation of this sub-section is punishable as a misdemeanor. 602.2 Possession of Tools. No person shall possess equipment, tools or supplies for the cultivation or removal of plant life including, but not limited to shovels, rakes, hoes, garden hoses, irrigation equipment, fertilizer, herbicides, insecticides, or wheelbarrows on District Lands except in a designated parking area, or with written permission. SECTION 603. COMMERCIAL FILMING. 603.1 General. No person shall conduct a filming operation involving the use of film equipment, lighting, props, or other similar materials, except for a single still, motion picture, video, digital or other camera, for commercial purposes on District Lands except pursuant to a permit authorizing such activity. This section shall not apply to the commercial operation of cameras as part of the bona fide reporting of news. Violation of this sub-section is punishable as a misdemeanor. SECTION 604 COMMERCIAL USES. No person shall engage in commercial activities on District lands, without prior written permission from the District. CHAPTER VII. PRESERVE FEATURES - PROTECTION SECTION 700. HUNTING, FISHING, COLLECTING AND FEEDING. 700.1 Hunting. No person shall possess, hunt, pursue, molest, disturb, injure, trap, snare, take, net, poison, introduce, release or harm or attempt to hunt, pursue, molest, disturb, injure, trap, take, net, poison, introduce, release or harm any mammal or bird, or any other wild animal living or dead. This section shall include taking of any part of the mammal or bird. Violation of this sub-section is punishable as a misdemeanor. 700.2 Fishing. No person shall possess, take, fish for, net, molest, disturb, injure, poison, collect, introduce, release or harm any or attempt to take, fish for, net, molest, disturb, injure, poison, collect introduce, release or harm any fish except by written permit in any District Water Area except in areas declared by the District to be permitted fishing areas, where state laws regulate the taking of game fish. 700.3 Carry or Possess Fishing Equipment. No person shall carry, possess, set, leave or deposit any fishing equipment or similar devices in, on, or into any portion of District Lands or District managed body of water. 700.4 Collecting Reptiles, Amphibians or Mollusks. No person shall possess, take, fish for, net, molest, disturb, injure, poison, collect, introduce, release or harm Page 14 of 21 or attempt to take, fish for, net, molest, disturb, injure, poison, collect, introduce, release or harm any reptiles, amphibians, or mollusks living or dead, except by written permit. 700.5 Collecting Insects. No person possess, shall take, net, collect, introduce, release, poison or attempt to take, net, poison, collect, introduce, or release any insects or arthropods living or dead, except by written permit. 700.6 Feeding. No person shall feed any animal on District Lands or deposit any food, salt or edible material on any District Lands for that purpose without written permission. 700.7 Collection of Animal, Bird, or Reptile Parts. Except by written permit, no person shall take, collect, possess any animal, bird, or reptile body parts including, but not limited to: antlers, skulls, fur, bones, skin, or feathers. SECTION 701. ANIMALS. 701.1 Dogs. a) No person shall have more than three dogs per person within areas where dogs are allowed on District Lands. b) No person shall allow or have a dog on District Lands except in those areas designated by the District. This subsection shall not apply to: 1) guide and service dogs under physical control, specifically trained to assist the blind, deaf, or disabled; 2) guide and service dogs in training to assist the blind, deaf, or disabled, and under physical control, and participating in a training program,. 3) use authorized by written permit. c) Leash Required. No person shall allow or have a dog on District Lands, unless the dog is at all times under control, and on a leash not to exceed 6 feet, or on a self-retracting leash with a maximum extended length of 25 feet. The leash must be held by person responsible for the dog and must be made of material and construction sufficient to restrain the dog. Electronic or other “invisible leashes” do not meet the leash requirement. The self- retracting leash must have the capability of being retracted and locked in a position not to exceed 6 feet. Within a designated area, no person shall have or allow a dog on a lead greater than 6 feet when: 1) Within 100 feet of any parking area, trailhead, picnic area, campground, horse stable, public roadway, restroom, visitor center, ranger station, or other place or structure of public assembly; 2) Within 50 feet of any person that is not the person or persons who entered District lands with the dog; or 3) Within 50 feet of any District Water Area. 4) When the dog is not visible to the owner. Page 15 of 21 d) Off-Leash Areas. Dogs shall be permitted off leash only in areas specifically designated and signed by the District as off-leash areas. No person shall allow or have a dog in an off-leash area unless the dog is at all times under the verbal or radio collar control, and in sight of, its owner or person responsible for the dog. The owner or person responsible for the dog shall have a leash in his/her possession at all times. e) Nuisance Dogs. No person shall allow or have on District Lands a dog that is a nuisance to people, other animals, or property. This includes, but is not limited to: growling, excessive barking, scratching, jumping on any person or animal, or challenging in any manner, people, animals, or property. f) Dogs in Water Areas. No person responsible for a dog shall allow said dog to enter any District Water Area unless it is specifically designated to allow such entry. g) Dangerous Dog. No person shall allow or have on District Lands a dog that exhibits dangerous behavior including, but is not limited to: attacking, biting or causing injury to any person or animal. Violation of this section is a misdemeanor. 701.2 Disturbance or Injury to Wildlife. No person shall allow a dog, cat, or domesticated animal, even if leashed, to disturb, chase, molest, injure, or take any kind of wildlife, whether living or dead, or remove, destroy, or in any manner disturb the natural habitat of any animal on District Lands. Violation of this sub-section is punishable as a misdemeanor. 701.3 Horses and Livestock. No person shall keep, raise or allow cattle, horses, sheep, or other livestock on District Lands, unless pursuant to a lease, license, written permit, or other entitlement of use granted by the District. Violation of this sub-section is punishable as a misdemeanor. 701.4 Other Pets. No person shall allow or have any pet, domesticated animal, or other animal on District Lands, unless specifically permitted by another section of these regulations. 701.5 Removal of Dog Excrement. No person responsible for a dog shall allow its excrement or feces to remain on District lands. 701.6 Abandoned Animals. No person shall abandon or release a dog, cat, fish, fowl, or any other living creature, wild or domestic, on District Lands without written permission. 701.7 Depositing of Animal Remains. No person shall bury, leave, scatter or otherwise deposit animal remains on District lands, except for cremated animal remains as specified in Section 807. Page 16 of 21 SECTION 702. NATURAL AND CULTURAL RESOURCES. 702.1 Plants. No person shall possess, damage, injure, take, place, plant, collect, or remove any plant, fungi, tree, or portion thereof, whether living or dead, including, but not limited to flowers, lichens, mosses, mushrooms, bushes, trees, tree limbs, tree branches, vines, grass, cones, seeds, and deadwood located on District Lands. 702.2 Possession of Gathered Wood Prohibited. No person shall transport or possess a tree or unmilled wood on District Lands without satisfactory evidence of lawful acquisition, such as a sales receipt or written authorization from the owner of the land from which the tree or wood was acquired. 702.3 Geological Features. No person shall possess, damage, injure, take, collect, remove, or attempt to damage, injure, take, collect, any earth, rocks, sand, gravel, fossils, minerals, features of caves, or any object or artifact of geological or paleontological, interest located on District Lands. Violation of this sub-section is punishable as a misdemeanor. 702.4 Archeological Features. No person shall possess, damage, injure, take, collect, remove, or attempt to damage, injure, take collect, or remove any object of, archeological, or historical interest located on District Lands. Violation of this sub-section is punishable as a misdemeanor. 702.5 Special Permission. Special written permission may be granted to remove, treat, disturb, or otherwise affect plants, animals, or geological, historical, archeological, or paleontological materials solely for research, interpretive, educational, or operational purposes. 702.6 Destruction of Habitat. No person shall remove, destroy, or in any manner disturb the natural habitat of any animal, bird, or reptile including, but not limited to: mammal, bird, fish, mollusk, reptile, amphibian, except by written permit. 702.7 Unpermitted Diversion of Water. No person shall divert water from any surface water, ground water, or water storage facility on District Lands without the express written permission of the District. SECTION 703. UNLAWFUL DEFACEMENT, CONSTRUCTION AND MAINTENANCE. 703.1 Unlawful Defacement. No person shall cut, carve, deface, write, paint, mark, or alter any natural or biological feature, or any fence, wall, building, monument, or other property on District Lands. Violation of this sub-section is punishable as a misdemeanor. 703.2 Unlawful Construction. No person shall encroach upon, erect, construct, install, or place or attempt to encroach upon, erect, construct, install, or place any structure, building, shed, fence, trail, road, culvert, drainage structure, bridge, jump, ramp, barricade, trench, barrier, fortification or wall, equipment, Page 17 of 21 material, sign, banner, or apparatus of any type or for any purpose constructed of native or imported materials on, below, over, or across a preserve except by written permission, specifying in detail the work to be done and the conditions to be fulfilled pursuant to the terms of such authorization. Flagging, surveying, and marking conducted for the purpose of constructing or installing such features, shall be considered an attempt to erect, construct, install or place such features, and is prohibited. Violation of this sub-section is punishable as a misdemeanor. 703.3 Unlawful Maintenance. No person shall perform, or cause any mowing, trimming, cutting, grooming, spraying, grading, or moving of any soils on District Lands or perform any such grounds maintenance for any purpose except by written permission. Violation of this sub-section is punishable as a misdemeanor. 703.4 Possession Of Construction Or Maintenance Tools And Supplies. No person shall possess any tools used for construction or maintenance on District Lands, including but not limited to shovels, McCleods, Pulaskis, mattocks, rakes, saws, axes, chainsaws, wood, hammers, nails, drills, saws, or similar equipment or supplies for the purpose of unlawful construction, maintenance or encroachment on District Lands except in a designated parking area, or with written permission. 703.5 Surveillance Systems. Installation or maintenance of surveillance systems on District lands, including wildlife cameras, or other similar encroachments is prohibited except where authorized by permit. CHAPTER VIII. DISTRICT LANDS OPERATIONS - GENERAL SECTION 800. RESERVED FOR FUTURE USE SECTION 801. PARKING. 801.1 Restrictions. No person shall park a motor vehicle, except an authorized emergency vehicle, or when in compliance with the directions of a peace officer, ranger, or District employee, in any of the following places: a) In areas where prohibited by “NO PARKING,” or other posted signs; b) On or obstructing any fire road or fire lane; c) On or obstructing any trail; d) In such a place or manner as would block or obstruct any gate, entrance, or exit; e) In such a place or manner as to take up more than one marked parking space in any authorized parking area; f) In such a place or manner as to block or obstruct the free flow of traffic or to obstruct the ability to remove a parked vehicle; g) Within 15 feet of a fire hydrant; h) Adjacent to any curb painted red; Page 18 of 21 i) On any District Lands after Official Hours as defined in Section 805.3 except pursuant to a written permit; j) In areas signed for permit parking on District Lands without a written permit; k) In any space designated for disabled parking in an unpaved parking lot, except when displaying a disabled placard as defined in California Vehicle Code. l) In any other place on District Lands not designated by the District as an authorized area. SECTION 802. OPERATION OF MOTORIZED VEHICLES: OFF-ROAD VEHICLES 802.1 General. No person shall operate, propel, or leave standing a motorized vehicle on District Lands. Motor vehicle includes, but is not limited to, motorcycles, all-terrain vehicles, off-road vehicles, mopeds, “dirt-bikes,” gas powered bicycles, and similar vehicles. Violation of this sub-section is punishable as a misdemeanor. 802.2 Exceptions. This section shall not apply to: a) emergency vehicles operated within the scope of official use; b) roads, trails, or paths, which may from time to time be set aside and posted by the District for the use of specifically designated vehicles; c) roads and parking areas open to the public for motor vehicle use during regular open hours. SECTION 803. SPEED LIMITS. 803.1 General. No person shall drive or operate a vehicle, motor vehicle, or bicycle on District Lands at a speed greater than the posted speed limit, or as otherwise specified in any District Ordinance, rule or regulation. No person shall drive or operate a vehicle or motor vehicle, ride a horse, or ride a bicycle at a speed greater than reasonable given weather, visibility, traffic, presence of other users, surface and width of the trail or road, or which may damage natural or cultural resources or wildlife. 803.2 Reckless Driving. No person shall drive or operate any vehicle, motor vehicle, bicycle upon District Lands in willful or wanton disregard for the safety of persons, property, natural resources or wildlife. Such conduct shall constitute reckless driving. Violation of this sub-section is punishable as a misdemeanor. 803.3 Unsafe Driving. No person shall drive in an unsafe manner. This includes, but is not limited to: spinning of the vehicle, breaking traction and exhibition of speed. Page 19 of 21 SECTION 804. ABANDONED VEHICLES. 804.1 72 Hours. No person shall permit a vehicle to be parked or left standing on District Lands for 72 consecutive hours or more except in camping areas pursuant to a valid permit. 804.2 Removal. Any vehicle parked or left standing in violation of this Section may be removed as provided in the Vehicle Code of the State of California. 804.3 Abandonment. Whenever a District ranger has reasonable grounds to believe that a vehicle has been abandoned on District Lands, the vehicle may be removed as authorized by Vehicle Code Section 22669. SECTION 805. PROHIBITED AREAS AND CLOSURES. 805.1 Authority for Closures. To ensure the safety and health of persons, to protect natural resources, to provide for proper planning of District Lands, to avoid interference with development, construction, and management, or to provide for security, safeguarding, and preservation of District Lands, the Board of Directors, General Manager or his/her designee or an authorized representative may declare an area, trail, road, or facility closed, prohibited, or limited to further entry by the general public. 805.2 Types of Closures a) Temporary or Regular Closures. District employees may make temporary or regular closures of a portion of District Lands to the general public for public safety, or to deal with an immediate or ongoing management need. The declaration may include such reasonable classes of persons who may enter, in the conduct of authorized activities or official duties, as the General Manager or his/her designee or an authorized representative may prescribe. No person shall, without written permission issued by the District, enter or remain in an area of District Lands or facility designated as a Temporary or Regular Closure area. b) Sensitive or Hazardous Area Closures. No person shall, without a written permit issued by the District, enter or remain in an area of District Lands or facility designated as a Sensitive or Hazardous Area, and declared closed, prohibited, or limited by the General Manager or his/her designee or an authorized agent. Sensitive areas may include those with cultural, historical or biological significance. Such designation may include, but is not limited to, specified areas of land, trails, geologic or cultural features, facilities or structures. Violation of this sub-section is punishable as a misdemeanor. 805.3 After Official Hours Use Prohibited. No person shall enter or remain on District Lands after “Official Hours,” which are defined as the period of one- half hour after official Sunset to one-half hour before official Sunrise the following day without a written permit. The times for Sunrise and Sunset shall Page 20 of 21 be determined by the U.S. Naval Observatory’s official postings for Los Altos, California. 805.4 Bicycle Operation After Hours. No person shall possess or operate a bicycle, unicycle, or similar device on District lands after Official Hours. 805.5 Posting of Closures. An area shall be considered closed when notice is posted at trailheads and gates officially designated and maintained by the District. 805.6 Failure to Vacate a Closed Area. No person shall fail to leave a Closed Area, when notified of the closure by a Peace Officer. Violation of this sub-section is punishable as a misdemeanor. 805.7 Off Trail Use. No person shall enter or remain in an area off of a designated trail, when they are on District Lands in an area or preserve that has been designated or signed to prohibit off trail use. Violation of this sub-section is punishable as a misdemeanor. SECTION 806. USE FEES. 806.1 Nonpayment of Fees. No person shall use District Lands or facilities without payment of any prescribed fee or charge. Any fee or charge established by the Board for use of District Lands or facilities shall be paid in advance of such use, unless later payment has been authorized by the General Manager or his/her designee or an authorized representative. SECTION 807. SCATTERING OF CREMATED REMAINS 807.1 Regulations for the Scattering of Cremated Remains. No person shall scatter any cremated human or animal remains (cremains) without first having obtained a written permit from the District, and shall abide by the permit conditions which shall include, but not be limited to, the following conditions: a) The scattering of cremains is prohibited: within 1,000 feet of any residence or dwelling, within 500 feet of any creek, stream, or other body of water or within 50 feet of any road or trail. b) Cremains must be scattered, must not be left in a pile, and must not be readily visible to the public. c) No containers for the cremains, identification tags, vases, flower pots, or other associated non-organic materials, or non-native plants, may be left at the site. d) No memorial, plaque, or other site marker may be left at the site. e) Any person scattering cremains on District lands shall possess and present a valid District permit when scattering cremains. f) The scattering of cremains for commercial purposes is prohibited. Page 21 of 21 SECTION 808 AIRCRAFT & HELICOPTER OPERATIONS. 808.1 Except in the case of emergency or for search and rescue, or fire fighting or law enforcement operations no person shall land any aircraft including any airplane, helicopter, hot air balloon or any contrivance used or designed for flight in the air, excluding unpowered human flight as further authorized under these regulations, on District Lands except by written permit. Violation of this sub-section is punishable as a misdemeanor. Attachment 2 Midpeninsula Regional Open Space District Proposed Bail Schedule For New Regulations R-14-09 SECTION Regulation Title Pr o p o s e d 2 0 1 4 Ba i l A m o u n t Misdemeanor or Infraction Comment 200.5 Failure to comply with permit conditions $35 Infraction Covers all forms of permits issued 407.5 Order to Vacate $75 Infraction New regulation to deal with people who continue to be disruptive after having performed an additional offence. 409.8 Possession of District Lock or Key $100 Misdemeanor New regulation to deal with people who use a District lock or key to gain illegal access to District lands or facilities. 409.9 Segways and Electric Bicycles $35 Infraction New regulation deals with new technologies being used on District lands. 411.3 Obeying Signs $35 Infraction New regulation requiring that posted signs be obeyed. 604 Commercial Uses $35 Infraction New regulation which requires that all commercial activities occurring on District lands must obtain permit in advance. 700.7 Collection of Animal Parts $25 Infraction New regulation dealing with collecting of antlers and other animal body parts. 701.1(g) Dangerous Dog $100 Misdemeanor New regulation to deal with dogs which pose a danger to people and other animals. 701.7 Depositing of Animal Remains $35 Infraction New regulation deals with problem of people who bury dead pets, which have been mistaken for human remains when animals dig them up. 702.6 Destruction of Habitat $100 Infraction New regulation deals with problem of habitat destruction. 703.5 Surveillance Systems $35 Infraction New regulation deals with people who have installed wildlife and other surveillance systems on District lands. 702.7 Unpermitted Diversion of Water $100 Infraction New regulation deals with theft of water. 803.3 Unsafe Driving $75 Infraction New regulation deals with lower level offence than 803.2, where there is no one else in the parking lot and damage is only to the surface of the parking lot. R-14-23 Meeting 14-03 January 22, 2014 AGENDA ITEM 7 AGENDA ITEM Authorization to Amend a Contract with Geoinsite Environmental Management Inc., for Additional Grading Oversight for the Mount Umunhum Demolition Project at Sierra Azul Open Space Preserve GENERAL MANAGER’S RECOMMENDATION Authorize the General Manager to execute a contract amendment with Geoinsite Inc., of Los Gatos, CA, for a time and materials not-to-exceed amount of $12,000 to complete additional grading oversight required for the demolition project at Mount Umunhum. SUMMARY A contract was awarded to Geoinsite Inc., (Geoinsite) on November 11, 2012 (R-12-114) for geotechnical and geologic engineering consulting, site observation, and report preparation for the grading associated with the demolition of structures at the former Almaden Air Force Station at Mount Umunhum. The proposed amendment amount of $12,000 includes the cost for additional observation for site restoration grading and slope re-contouring at the former Housing and Cantonment areas. The funds for the requested amendment are included in the approved FY2013-14 budget for the Mt. Umunhum demolition project. BACKGROUND In 1986, the Midpeninsula Regional Open Space District (District) acquired the former Almaden Air Force Station (Almaden AFS) and all of its remaining facilities on Mount Umunhum and Mount Thayer (R-86-20) with the intent to restore the area to a natural condition and provide public access. In December 2009, the United States Congress appropriated $3.2 million for cleanup of Mount Umunhum. Due to a favorable bidding environment in FY2009-10, the initial hazardous materials cleanup work completed by the United States Army Corps of Engineers resulted in only a partial expenditure of the allocated federal appropriation, in the amount of $1,895,229. The remaining federal appropriation, $1,304,771, was transferred to the District for demolition of structures on site. On September 12, 2012, the Board approved an award of contract to American Wrecking Inc. for the demolition of structures at Mount Umunhum (with the exception of the radar tower) (R-12-90). A separate District-funded project, the Mount Umunhum Environmental Restoration and Public Access Project (Restoration Project), conducted the public planning and California Environmental Quality Act and National Environmental Policy Act (CEQA/NEPA) review R-14-23 Page 2 processes to develop the final Mount Umunhum site plan and project description, which included the demolition of structures (except the radar tower). On June 12, 2012, the Board approved the adoption of a Final Environmental Impact Report for the Restoration Project, approved the Phase I Demolition (not including the radar tower) (R-12-59), and approved the Mitigation Monitoring Response Plan for the Phase I Demolition. DISCUSSION Geologic/geotechnical consulting services in support of the Phase I Demolition work were required to ensure that the grading and backfill within the footprint of demolished structures was completed in accordance with the contract documents and complied with CEQA/NEPA mitigation measures for drainage and erosion control. In addition, Santa Clara County requires that onsite observation of grading activities be conducted and a confirming letter be issued by the geotechnical consultant. Geoinsite’s original scope of work included site observation, an as-built report, and a confirmation letter for grading directly associated with the demolition of structures. The amendment is for additional site observation beyond what was originally included in the initial scope of work specifically related to the re-grading and re-contouring of the Housing and Cantonment areas. The main elements of the revised scope of work include: • Assessment & recommendation for slope infill and compaction requirements for comprehensive re-contouring of approximately three acres of existing benched hillside; • Site observation of re-contouring work to ensure infill completed in accordance with recommendations, in appropriate lifts and adequately compacted; • Guidance on drainage & erosion control and swale development associated with re- contouring. The cost of the additional grading observation, $12,000, covers twelve additional days of site observation. FISCAL IMPACT The current FY 2013-14 Budget has sufficient funds to cover the proposed contract amendment amount. The District’s FY2013-14 Budget includes $1,674,949 for completion of the demolition project on Mount Umunhum. BOARD COMMITTEE REVIEW No Board Committee review is required for this portion of the Project. PUBLIC NOTICE Public notice of this Agenda Item was provided per the Brown Act. No additional notice is required. CEQA COMPLIANCE On June 12, 2012 (R-12-59), the Board approved the adoption of a Final Environmental Impact Report for the Mount Umunhum Environmental Restoration and Public Access Project, approved the Phase I Demolition (not including the Radar Tower), and approved the Mitigation Monitoring Response Plan for the Phase I Demolition. R-14-23 Page 3 NEXT STEPS Upon approval by the Board of Directors, the General Manager would execute a contract amendment with Geoinsite to fund the required grading observation for the Phase I Demolition at Mount Umunhum. Responsible Department Head: Meredith Manning, Co-Acting Planning Manager Prepared by: Gina Coony, Planner III R-14-10 Meeting 14-03 January 22, 2014 AGENDA ITEM 8 AGENDA ITEM Authorize the General Manager to Enter into an Agreement with Interschola, Inc., for Disposal of District Property and to Approve the Disposal of District Assets, Excluding Real Property GENERAL MANAGER’S RECOMMENDATION 1. Authorize the General Manager to enter into an agreement with Interschola, Inc., to assist District staff with the sale and/or disposal of District property, excluding real property. 2. Adopt a resolution authorizing the General Manager to approve the disposal of District assets, excluding real property, where the anticipated fair market value of the individual asset is $25,000 or less. SUMMARY The District owns many surplus pieces of equipment, tools, furniture, etc., that are obsolete, no longer needed, or have been replaced with newer, more efficient, safer, or otherwise improved options. Currently, District vehicles are the only equipment sold, via public auction, when they are replaced. The District uses First Capital Auction, Inc., to manage the auction of the vehicles on behalf of the District. The General Manager recommends entering into an agreement with InterSchola, Inc., to manage the auction of non-vehicle surplus property, excluding real property, for the District, and recommends Board authorization for the General Manager to approve the disposal of District property where the estimated fair market value of the individual asset is $25,000 or less. Approval of this agreement will be at “no cost” to the District and is anticipated to generate a moderate amount of income. DISCUSSION Background The California Government Code provides a procedure for counties and cities to follow in the sale, lease, or disposal of surplus personal property (defined as non-real property). Specifically, for example, the code states that counties may sell or lease surplus personal property to the highest bidder at a public auction, and public notice of the sale must be posted five days prior to the auction. (Government Code sections 25504-25507, 25363.) The District’s enabling legislation, Public Resources Code (PRC) 5500, provides specific guidance for the disposal of real property but not for personal property. A survey of other special districts indicates that most organizations follow similar guidelines to those governing R-14-10 Page 2 counties’ disposal of surplus personal property as a best practice and sell them at a public auction. Surplus District Personal Property Currently, District vehicles – which include trucks, tractors, mules, etc. – are the only surplus personal property sold by the District. When a District vehicle meets the replacement criteria, it is decommissioned and sold at a public auction by First Capital Auction, Inc., who manages the auction process on behalf of the District. Upon sale of the vehicles, First Capital Auction remits the auction proceeds to the District, less a 7% commission. This auction service applies to vehicles only and no other surplus District personal property. The District owns many items it no longer uses that are considered scrap or surplus personal property. Examples include: tools, power saws, pruners, mowers, office furniture, and electronic equipment. Once this equipment has reached the end of its useful life, no longer works, or is no longer needed, it is stored at one of the offices, donated, or disposed of as garbage. The District does not lease or sell the items. The sale of surplus District personal items would provide the following benefits: reduce District disposal costs, allow surplus goods to be reused or recycled and thus diverted from the landfill, and recoup a portion of the original purchase cost. However, the time it takes to prepare for, manage, and complete the auctions exceeds current staff capacity. Other agencies that handle auctions in-house have a dedicated purchasing department with multiple staff who are focused and experienced in managing these types of transactions. Typically, using auction websites, staff from these agencies will photograph the item, write a description, post the auction on the website, manage the auction, receive payment, arrange for the buyer to pick up the property, and complete the associated paperwork. Currently, the District has one Management Analyst in the Operations Department with multiple responsibilities with the capacity to only manage an outside auction service provider for the disposal of District vehicles. Since the District in unable at this time to manage auctions in-house, staff contacted three organizations and identified two that can assist the District with the auction process for the disposal of additional surplus property. The third organization, Government Liquidation, was contacted but did not respond. Outside Auction Service Providers Public Surplus The first organization, Public Surplus, hosts a website where public agencies can post items for auction. There is no fee for the listing agency (Seller). Instead, Public Surplus charges Buyers a 10% premium on sold items and the Seller receives 100% of the auction proceeds. For an additional fee of 8%, which is added to the Buyer’s premium, Public Surplus will provide Enhanced Auction Services to assist the Seller with the auction process, which include: taking photographs, gathering and writing descriptions, creating the auctions, and providing onsite assistance for item preview and pickup. Presumably, Buyers would reduce their bids to offset the two premiums. The Buyer sends payment to Public Surplus who then sends the Seller a check with the auction proceeds. Services not covered by Public Surplus, which would have to be performed by District staff include: provide public notice of the auction, manage on-site inspections of surplus items by prospective buyers, pack and ship items (if applicable), and prepare items for pickup (if applicable). R-14-10 Page 3 Because the District does not provide any compensation to Public Surplus for these services, no contract would be required. The District would register as a Seller on the Public Surplus website and agree to the terms and conditions of use. When selling items on the website, the District can include its own terms and conditions to address liability and indemnity requirements for Buyers. InterSchola, Inc. The second organization, InterSchola Inc., provides a full service solution for managing the sale of surplus and obsolete property for public agencies, utilizing eBay as the auction website. In addition to providing the same Enhanced Auction Services as Public Surplus, InterSchola performs the following: • Visits client sites and compiles inventory of surplus items • Determines the appropriate auction strategy for each item to be sold • Sends listings and suggested start prices to the agency for approval • Provides public notice of the auction • Markets items to an extensive database of buyers in each auction category, including via email, Craigslist, Google adwords, and Trade Advertising • Manages on-site inspections of items by prospective buyers • Packs and ships items (if applicable) • Coordinates on-site pick-up of items by Buyer (if applicable) • Markets unsold items through email campaigns, salvage partners, and InterSchola’s Surplus Store InterSchola’s fee structure is a commission that is based on the item or lot sold, and the percentage of the commission varies depending on the complexity of the sale. InterSchola charges a lower commission for higher priced items and also offers volume discounts. After sale of the item, InterSchola retains its commission from the sale proceeds and sends the balance to the client, which averages 60% to 70% of the item sale price. Recommended Vendor The General Manager recommends the Board approve a contract with InterSchola to manage the sale and disposal of District surplus personal property. Although Public Surplus also provides auction services, those services are much more limited than those offered by InterSchola, and would require significantly more District staff time to administer. InterSchola would manage the entire disposal process – from inventorying surplus items through sale and Buyer pick-up. The contract with InterSchola is non-exclusive and would not prevent the District from using Public Surplus, or other organizations, for other auctions. Given the current staff capacity limitations, the General Manager recommends contracting with Interschola and, as capacity allows, explore the use of Public Surplus for District surplus personal property auctions. Delegation of Authority Staff had identified two items for immediate auction: a Bomford tractor boom flail mower and a Billy Goat gas powered vacuum. The General Manager recommends that the Board approve the sale of these two items and seeks authorization to work with InterSchola to identify other surplus District property to sell. To maximize organizational efficiency in the future, rather than seek Board approval to sell surplus items as they become available, the General Manager also seeks Board authorization to sell or dispose of District surplus personal property where the estimated fair market value of the property is $25,000 or less. R-14-10 Page 4 FISCAL IMPACT Sale of District surplus property will generate additional income for the District. The amount received by the District will be reported to the Board at the end of each year. BOARD COMMITTEE REVIEW No Board Committee review is required. PUBLIC NOTICE Public notice of this Agenda Item was provided per the Brown Act. No additional notice is required. CEQA COMPLIANCE This proposed action is not a project under the California Environmental Quality Act and no environmental review is required. NEXT STEPS Upon approval by the Board of Directors, the General Manager would enter into a contract with Interschola, Inc., for the sale and disposal of District surplus personal property for items with fair market value of $25,000 or less. Attachment: 1. Draft Resolution Authorizing the General Manager to Approve the Disposal of Low Value Surplus Personal Property Prepared and reviewed by: Kate Drayson, Administrative Services Manager RESOLUTION NO. 14-__ RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING THE GENERAL MANAGER TO APPROVE THE DISPOSAL OF LOW VALUE SURPLUS PERSONAL PROPERTY WHEREAS, the District from time to time has occasion to dispose of certain personal property including but not limited to equipment, tools, and furniture that has reached the end of its useful life, no longer works, or is no longer needed to carry out District operations; and WHEREAS, Public Resources Code section 5540 empowers the District to hold, use, enjoy, and lease or dispose of real and personal property of every kind, and rights in real and personal property, within or without the district, necessary to the full exercise of its powers; and WHEREAS, the Board of Directors desires to authorize the General Manager or his/her designee to sell or otherwise dispose of low value personal property for the benefit of the District when such property is no longer useful or necessary to carry out District operations, or is considered surplus. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District hereby authorizes the General Manager or designee to sell or dispose of surplus personal property with a fair market value of $25,000 or less, and further directs the General Manager or designee to report any revenues received by the District resulting from the sale of such personal property to the Board at the end of each fiscal year. * * * * * * * * * * R-14-21 Meeting 14-03 January 22, 2014 AGENDA ITEM 9 AGENDA ITEM Adoption of a Mitigated Negative Declaration and Mitigation Monitoring Program for the Mindego Ranch Area of Russian Ridge Open Space Preserve and Approval of an Amendment to the Russian Ridge Use and Management Plan GENERAL MANAGER’S RECOMMENDATIONS 1. Adopt the Mitigated Negative Declaration and Mitigation Monitoring Program for the Proposed Use and Management Plan Amendment (U&M Plan), in accordance with the California Environmental Quality Act (CEQA), as set forth in the Resolution attached to this report. 2. Approve the Russian Ridge U&M Plan Amendment for the Mindego Ranch area of the Preserve. SUMMARY The proposed Russian Ridge Open Space Preserve Use and Management Plan Amendment (U&M Plan) calls for specific action items for the Mindego Ranch area of the Preserve, including pond habitat improvements for the San Francisco garter snake, a conservation grazing program to reduce fuel loads and manage grasslands, opening the Peninsula Open Space Trust (POST) Donor Circle to the public, designating conservation management units to protect sensitive habitat, and ongoing routine maintenance and operations activities. An Initial Study and Mitigated Negative Declaration (IS/MND) was prepared and circulated pursuant to CEQA. The IS/MND concluded that the proposed U&M Plan Amendment, with mitigation, would not result in significant impacts on the environment. No immediate costs are associated with approval of this Agenda Item; however, future implementation of the U&M Plan Amendment would require budget allocations as part of future fiscal year budgets. Should the Board approve this item, the General Manager anticipates requesting $215,000 for Fiscal Year 2014-15 to initiate implementation. DISCUSSION The Mindego Ranch property (refer to Attachment 2, Mindego Ranch Location Map) was added as part of the Russian Ridge Open Space Preserve (Preserve) in 2008. A Preliminary Use and Management Plan maintaining status quo management was approved as part of the purchase (refer to Report R-08-38). After purchasing the property, the Midpeninsula Regional Open Space District (District) conducted biological surveys that confirmed the existence of a R-14-21 Page 2 significant population of San Francisco garter snake (SFGS) on the property. Because of the biological sensitivity of this species and its endangered, fully-protected status, which includes federal regulation of activities within its habitat, the District has conducted long-term planning and developed land management recommendations that are fully consistent with the requirements of the Endangered Species Act. These land management recommendations form the basis of the proposed U&M Plan. District staff conferred with stakeholders throughout the planning process, including trail users, the San Mateo County Farm Bureau, and the Cuesta La Honda Common Interest Guild (which manages a drinking water diversion at Mindego Creek just downstream of Mindego Ranch). Stakeholder feedback was incorporated into the U&M Plan, as described below. The goal of the proposed U&M Plan is to protect and enhance habitat for sensitive wildlife species at Mindego Ranch, while responsibly integrating land management activities and ecologically-sensitive public access. The proposed U&M Plan includes the following elements: • Habitat Enhancement Actions; • Conservation Grazing; • Hiking and Equestrian Access to the Peninsula Open Space Trust Donor Circle; • Maintenance and Operations projects. Habitat Enhancement Actions The District contracted with expert herpetologists to develop measures to protect and enhance populations of SFGS and other sensitive species on Mindego Ranch. These measures include (detailed in Attachment 3): 1. Designation of SFGS core habitat areas as Conservation Management Units, which are closed to general public access. 2. Eradication of non-native fish and bullfrogs at Mindego Lake, which prey upon SFGS’s native prey base (California red-legged frog (CRLF) and Pacific tree frog), including: a. Temporary draining of Mindego Lake to eliminate non-native fish. b. Implementation of a management program to eliminate bullfrogs. 3. Enlargement of smaller ponds that have partially filled in with sediment and are heavily colonized by aquatic vegetation. Loss of open water habitat has reduced overall habitat quality and impairs successful breeding by CRLF. 4. Installation of livestock exclusion fencing in select pond areas to manage livestock. This would allow cattle to drink at specific locations to help maintain open water habitat while excluding them from portions of the pond to ensure adequate growth of emergent and perimeter vegetation, consistent with CRLF protection. Conservation Grazing Establishment of conservation grazing at Mindego Ranch is a cost-effective strategy to maintain ideal grassland-to-brush ratios for SFGS, control invasive weeds, reduce wildland fuel loads, maintain open water habitats in shallow ponds for CRLF, and promote native plant diversity. Significant infrastructure improvements as well as active management and monitoring are essential to meet conservation grazing objectives. Consistent with the Grazing Management Plan prepared for the property (Attachment 4), the proposed U&M Plan includes low initial stocking rates (approximately 35 cow-calf pairs in a R-14-21 Page 3 year-round operation) and the installation of the following water system improvements to protect both water quality and sensitive habitat: • Five new troughs at strategic locations to evenly distribute cattle across the property • Two new water tanks to provide livestock water throughout the dry months • An electric (solar) pump to distribute the livestock water • 8,000 feet of new, buried PVC water line to supply the water troughs Protection of Cuesta La Honda Guild Drinking Water Watershed Mindego Ranch is partially within the drinking water watershed of Cuesta La Honda Guild (Guild watershed), which seasonally diverts water (October 1 through May 31) from Mindego Creek to supply drinking water to approximately 280 residences within the Town of La Honda. District staff conferred with the Guild throughout the planning process. Early on, the Guild identified a potential issue associated with the presence of cattle within the watershed, i.e. the possible introduction of Cryptosporidium into the surface water from which the Guild draws. Cryptosporidium is a pathogenic protozoan that causes intestinal infections. Cryptosporidium is spread via cysts, which are most often produced by newborn calves infected with the pathogen. Identification of these cysts in the water source could trigger the need for costly water treatment facilities. Many of the project site’s natural features, including existing dense vegetation and steep topography, help minimize the ability of cattle to access the Guild’s watershed, per the Management Plan. These natural barriers create an approximately 500-foot minimum buffer from the Mindego Creek watercourse. This natural barrier is not continuous. The District will construct exclusionary fencing at breaks in the natural barrier so that full exclusion can be achieved. In addition, the proposed Grazing Plan includes several management measures to keep cattle away from water sources, including the strategic placement of water troughs and salt licks away from water bodies. Active management and monitoring of the grazing land, as proposed in the U&M Plan, would also limit storm water runoff rates and soil erosion to further impede pathogens from entering water courses. For example, the monitoring of vegetation response and forage utilization and distribution would ensure that grazing is adequately distributed throughout the property and that no single area is grazed too heavily (refer to Attachment 4 for more details). Even with these various project features that serve to reduce the potential for contamination of the Guild’s water supply, District staff is mindful of this issue and has actively worked with the Guild to identify the following revised specific mitigation measures (see Attachment 7 for revision details) to further minimize the potential for Cryptosporidium from District cattle to enter their water supply: • Exclude cattle from the Mindego Creek watershed via fencing and existing natural barriers (dense vegetation and steep topography) during the period the Guild draws water from Mindego Creek, from September 1 through May 31 (except during the 2-day processing period; see below). This period encompasses the typical rainy season as well as a precautionary buffer. This measure would avoid the potential for cattle excrement to be carried to Mindego Creek via rainwater runoff. • Calves will be excluded entirely from Mindego Lake and Big Spring at all times via existing pasture fencing. R-14-21 Page 4 • During the typical 2-day processing that occurs in winter, cattle would be confined to a secure holding field/corral along the southern border of the Mindego Creek watershed. No cattle will be moved if precipitation (rain) occurs or is forecasted with greater than a 70% probability in the next 72-hour period to prevent fecal material from entering the water via surface runoff. The holding field/corral vicinity would be monitored regularly for signs of concentrated surface water flow (e.g., gullies and rills). If such signs are detected, proper drainage improvements would be installed to prevent concentrated flows. • Monitoring shall occur weekly during the rainy season and at least 2 days per week during the calving season. Should livestock be detected in summer pastures between September 1 and May 31, or calves detected in ponds at any time, the District will notify the Guild and immediately take action necessary to secure the animals in a holding pasture until the location of the breach can be identified and repaired. Additional fencing would be installed wherever and whenever existing barriers are found to be ineffective. • Locate cattle water troughs and salt/mineral supplements at least 800 feet away from surface water bodies to disperse cattle away from wetland and riparian areas (see Attachment 4). • Restrict supplemental feeding, except in the following circumstances: 1) distribution of supplements (vitamins, minerals, protein) to aid in achieving District resource management goals, livestock health, and livestock movement and 2) feeding in the corral/holding pen (when cattle are off-loaded and held or shipped from the premises). • Adjust stocking rates as necessary to maintain appropriate Residual Dry Matter (RDM) standards and conduct annual monitoring of RDM. • Continue the feral pig reduction program. Feral pigs currently occur in the area and are also a potential source of Cryptosporidium. Reducing pig populations in the watershed reduces the potential for water supply contamination, reduces the risk of disease transmission to domestic livestock, protects native vegetation and sensitive habitat areas, and is a an overall benefit to the project. Public Access To minimize potential impacts to the highly sensitive SFGS, the proposed U&M Plan limits the expansion of additional public access to the following: • Allowing public access to the existing donor recognition circle via the existing ranch driveway and donor circle path. The donor circle path would be open to hiking only. Maintenance and Operations Major maintenance and operations projects include the following: • Road erosion treatment projects • Removal of existing dilapidated structures (includes two ranch houses, barn and corral) CEQA COMPLIANCE An IS/MND was prepared for the Project (Attachment 1). The public comment period began on November 26, 2013 and ended on January 6, 2014. Determination Mitigation measures incorporated into the proposed project reduce potentially significant impacts to air quality, biological resources, cultural resources, hazards, and hydrology/water quality to less-than-significant levels. These mitigation measures include dust control measures during trail and infrastructure construction, preconstruction surveys, watershed protection and avoidance R-14-21 Page 5 measures for special-status plants and wildlife. The proposed project will therefore not have a significant effect on the environment. Public Review and Comments The District received two written comment letters: one from Cuesta La Honda Guild regarding potential environmental impacts of the proposed U&M Plan, and one from the San Mateo County Resource Conservation District offering to partner on the implementation of the habitat enhancement elements. Please see the attached comments and the District’s Response to the IS/MND Comments (Attachment 7). CEQA Findings The Board Findings required by CEQA to adopt the IS/MND and the Mitigation Monitoring Program are set out in the attached Resolution (Attachment 8). On the basis of the Initial Study, staff determined that the proposed project would not result in a significant effect on the environment because the mitigation measures described in the IS/MND are incorporated as part of the project implementation. Changes incorporated into the MND in response to comments received during the public review period provide clarification of the project, specifically related to frequency of monitoring of the cattle herd and steps taken if cattle are found outside the appropriate pastures. In addition, minor changes were made to measures to more fully prevent impacts to water quality as a result of re-introducing cattle grazing on Mindego Ranch. Staff concludes that, with these modifications, the conclusions set out in the MND regarding potential adverse impacts arising from the project remain valid. No modification exceeds any threshold of significance established in the MND. Therefore, the General Manager recommends that the Board find that the environmental review for the Mindego U&M Plan is adequate, the addition of new information in the MND clarifies, amplifies, and makes insignificant modifications to the MND that do not require recirculation of the MND pursuant to Section 15073.5(c)(4) of the CEQA Guidelines. FISCAL IMPACT The District intends to implement the U&M Plan incrementally over the next 5-10 years. Top priority actions include installing grazing infrastructure, implementing site management measures for the remnant landfill, removing hazardous structures, contracting with a grazing tenant, and improving ponds. The FY2014-15 Budget (anticipated to be approved by the Board on March 26, 2014) is expected to include $215,000 to begin implementing these priority actions. BOARD COMMITTEE REVIEW On November 13, 2012, the Planning and Natural Resources Committee reviewed and recommended approval of the proposed U&M Plan to the full Board. The Board subsequently tentatively approved the U&M Plan project description for the purposes of conducting environmental review at its regular meeting of May 8, 2013 (refer to Report R-13-17). PUBLIC NOTICE A Notice of Intent to Adopt a Mitigated Negative Declaration was submitted to the State Clearinghouse of the Governor’s Office of Planning and Research on November 26, 2013, stating that the public review period would start on November 26, 2013 and end on January 6, 2014. The Notice of Intent was submitted to the San Mateo County Clerk for posting and mailed to interested parties, and property owners of land located adjacent to or within 300 feet of R-14-21 Page 6 Russian Ridge Open Space Preserve. The Notice of Intent, Mitigated Negative Declaration, and Initial Study were made available for public review at the District’s Administrative Office, on the District’s website, and at the Woodside Library and the La Honda Post Office. Notices were also posted at main trailhead entrances to the Preserve. Property owners of land located adjacent to or within 300 feet of Russian Ridge Open Space Preserve and interested parties have been mailed written notices of this proposed Approval of the U&M Plan. All legal notice requirements of the Brown Act have been met. PUBLIC AND STAKEHOLDER CONSULTATION AND INPUT The proposed U&M Plan incorporates input from the following stakeholder groups: • Trail users: representatives of the biking, equestrian and hiking communities (site visit held August 31, 2012); • Agricultural community: the San Mateo County Farm Bureau (Farm Bureau) (site visit held September 14, 2012, formal presentation given November 6, 2012); • Watershed: the community of Cuesta La Honda Guild (site visit held November 6, 2012, attendance at Guild Board meetings held February 20 and April 17, 2013). • Consultation with the US Fish and Wildlife Service (USFWS) was initiated in October 2012. It is anticipated that a USFWS Recovery Permit that includes all proposed actions will be issued in early 2014. NEXT STEPS If the Board approves the General Manager’s recommendations, staff would file a Notice of Determination with the San Mateo County Clerk and submit any remaining application materials for the USFWS Recovery Permit that would authorize activities within project area. Once the Recovery Permit is secured, top priority actions of the U&M Plan would be implemented, including installing grazing infrastructure, reintroducing cattle, and opening the area to the public. Other actions would be implemented as additional funding is secured. Attachment(s) 1. Initial Study/Mitigated Negative Declaration 2. Mindego Ranch Location Map 3. Habitat Enhancement Projects Map 4. Grazing Infrastructure Map 5. Public Access Map 6. Mitigation Monitoring Plan 7. Response to IS/MND Comments 8. Resolution: CEQA Findings *Attachments can be found on the District website: http://www.openspace.org/about_us/meetings.asp Online Reference documents Habitat Enhancement Projects Map and SFGS Habitat Management Plan [http://www.openspace.org/plans_projects/mindego_ranch.asp Grazing Infrastructure Map and Grazing Plan [http://www.openspace.org/plans_projects/mindego_ranch.asp R-14-21 Page 7 Mindego Ranch Road and Trail Erosion Inventory (http://www.openspace.org/plans_projects/mindego_ranch.asp) Responsible Department Head: Meredith Manning, Co-Acting Planning Manager and Senior Planner Prepared by: Gretchen Laustsen, Planner II Graphics prepared by: Gretchen Laustsen, Planner II Mindego Ranch Use and Management Plan Draft Initial Study/Mitigated Negative Declaration PREPARED FOR: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 November 2013 13010027.01 May 201L1 Mindego Ranch Use and Management Plan Draft Initial Study/Mitigated Negative Declaration Prepared for: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Contact: Lisa Bankosh Open Space Planner III Phone: 650.691.1200 Fax:650.691.0485 glaustsen@openspace.org Prepared by: Ascent Environmental, Inc. 455 Capitol Mall, Suite 300 Sacramento, CA 95814 www.ascentenvinc.com Contact: Mike Parker, AICP Project Manager 916.444.7301 November 2013 Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND i TABLE OF CONTENTS Chapter Page ACRONYMS AND ABBREVIATIONS ................................................................................................................. iii 1 INTRODUCTION .............................................................................................................................. 1-1 1.1 Introduction and Regulatory Guidance ........................................................................................ 1-1 1.2 Why this Document? .................................................................................................................... 1-1 1.3 Summary of Findings .................................................................................................................... 1-2 1.4 Environmental Permits ................................................................................................................. 1-3 1.5 Document Organization ............................................................................................................... 1-3 2 BACKGROUND AND PROJECT DESCRIPTION ..................................................................................... 2-1 2.1 Introduction .................................................................................................................................. 2-1 2.2 Project Background ...................................................................................................................... 2-1 2.3 Project Location ............................................................................................................................ 2-3 2.4 Site Description ............................................................................................................................ 2-3 2.5 Description of Proposed Project .................................................................................................. 2-6 3 ENVIRONMENTAL CHECKLIST .......................................................................................................... 3-1 3.1 Aesthetics ..................................................................................................................................... 3-4 3.2 Agriculture and Forest Resources ................................................................................................ 3-9 3.3 Air Quality ................................................................................................................................... 3-13 3.4 Biological Resources ................................................................................................................... 3-19 3.5 Cultural Resources ...................................................................................................................... 3-28 3.6 Geology and Soils ....................................................................................................................... 3-32 3.7 Greenhouse Gas Emissions ........................................................................................................ 3-37 3.8 Hazards and Hazardous Materials .............................................................................................. 3-40 3.9 Hydrology and Water Quality ..................................................................................................... 3-47 3.10 Land Use and Planning ............................................................................................................... 3-54 3.11 Mineral Resources ...................................................................................................................... 3-56 3.12 Noise ........................................................................................................................................... 3-57 3.13 Population and Housing ............................................................................................................. 3-61 3.14 Public Services ............................................................................................................................ 3-63 3.15 Recreation .................................................................................................................................. 3-66 3.16 Transportation/Traffic ................................................................................................................ 3-67 3.17 Utilities and Service Systems ...................................................................................................... 3-70 3.18 Mandatory Findings of Significance ........................................................................................... 3-73 4 REFERENCES ................................................................................................................................... 4-1 5 LIST OF PREPARERS ......................................................................................................................... 5-1 Table of Contents Ascent Environmental Midpeninsula Regional Open Space District ii Mindego Ranch Use and Management Plan IS/MND Appendices (on CD – see back cover) A SFGS Habitat Management Plan B Grazing Plan C Special Status Species D Greenhouse Gas Emissions Calculations E Construction Noise Calculations F Archaeological Survey Report G Historic Resource Analysis Exhibits Exhibit 2-1 Regional Location ......................................................................................................................... 2-4 Exhibit 2-2 Ranch Location ............................................................................................................................. 2-5 Exhibit 2-3 SFBS Habitat Enhancement .......................................................................................................... 2-9 Exhibit 2-4 Grazing Infrastructure ................................................................................................................ 2-10 Exhibit 2-5 Public Access .............................................................................................................................. 2-12 Exhibit 2-6 Road Maintenance ..................................................................................................................... 2-13 Exhibit 3.1-1 View of Mindego Hill from the East Gate ..................................................................................... 3-5 Exhibit 3.1-2 Northwest View from the Top of Mindego Hill ............................................................................ 3-5 Exhibit 3.1-3 View of Existing Onsite Water Tank with Off-Site Rolling Hills in the Background ...................... 3-6 Exhibit 3.1-4 View of Mindego Lake .................................................................................................................. 3-6 Tables Table 3.7-1 Summary of Estimated Emissions of Carbon Dioxide Equivalent Associated with Project-Related Activities (MT CO2e/year) ................................................................................. 3-39 Table 3.12-1 Equipment Reference Noise Levels ............................................................................................ 3-59 Ascent Environmental Table of Contents Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND iii ACRONYMS AND ABBREVIATIONS AB Assembly Bill AC&W Aircraft Control and Warning AFS Air Force Station APNs Assessor’s Parcel Numbers ARB California Air Resources Board BAAQMD Bay Area Air Quality Management District’s CAA federal Clean Air Act CAAA federal Clean Air Act Amendments of 1990 CCAA California Clean Air Act CEQA California Environmental Quality Act CH4 methane CLUP Comprehensive Land Use Plan CO2 carbon dioxide cy cubic yards dBA A-weighted decibels EIR Environmental Impact Report EPA U.S. Environmental Protection Agency FUDS Formerly Used Defense Sites, GHG greenhouse gas GSA General Services Administration GWP global warming potential HCP Habitat Conservation Plan Hillsides HS IPCC Intergovernmental Panel on Climate Change IS Initial Study IS/Proposed MND Initial Study/Proposed Mitigated Negative Declaration MROSD Midpeninsula Regional Open Space District MT/year metric tons per year Table of Contents Ascent Environmental Midpeninsula Regional Open Space District iv Mindego Ranch Use and Management Plan IS/MND N2O nitrous oxide NORAD North American Aerospace Defense Command NRCS Natural Resource Conservation Service OHP State Office of Historic Preservation's OSHA Occupation Safety and Health Administration PCBs polychlorinated biphenyls PELS Permissible exposure limits PRC Public Resources Code RWQCB Regional Water Quality Control Board SB Senate Bill SFBAAB San Francisco Bay Area Air Basin SHWW San Jose Water Works TAC toxic air contaminants TWA Time-weighted average limit USACE US Army Corps of Engineers VMT vehicle miles traveled Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 1-1 1 INTRODUCTION 1.1 INTRODUCTION AND REGULATORY GUIDANCE This Initial Study/Proposed Mitigated Negative Declaration (IS/Proposed MND) has been prepared by the Midpeninsula Regional Open Space District (District) to evaluate the potential environmental effects resulting from implementation of the proposed Use and Management Plan (U&M Plan) for the Mindego Ranch property (project site) located within the Russian Ridge Open Space Preserve (RROP). Ascent Environmental, Inc. has been retained by the District to prepare this analysis on their behalf. The project site is a 1,047 acre former cattle ranch located 2 miles east of the community of La Honda in the Santa Cruz Mountains, within unincorporated San Mateo County This document has been prepared in accordance with the California Environmental Quality Act (CEQA) (Public Resources Code Section 21000 et seq.) and the State CEQA Guidelines (California Code of Regulations Section 15000 et seq.). An initial study (IS) is prepared by a lead agency to determine if a project may have a significant effect on the environment (State CEQA Guidelines Section 15063[a]), and thus to determine the appropriate environmental document. In accordance with State CEQA Guidelines Section 15070, a “public agency shall prepare…a proposed negative declaration or mitigated negative declaration…when: (a) The Initial Study shows that there is no substantial evidence…that the project may have a significant impact on the environment, or (b) The Initial Study identifies potentially significant effects but revisions to the project plans or proposal are agreed to by the applicant and such revisions would reduce potentially significant effects to a less-than-significant level.” In this circumstance, the lead agency prepares a written statement describing its reasons for concluding that the proposed project would not have a significant effect on the environment and, therefore, does not require the preparation of an Environmental Impact Report (EIR). By contrast, an EIR is required when the project may have a significant environmental impact that cannot clearly be reduced to a less-than-significant effect by adoption of mitigation or by revisions in the project design. 1.2 WHY THIS DOCUMENT? As described in the environmental checklist (Chapter 3), the proposed project would not result in any unmitigated significant environmental impacts. Therefore, an IS/Proposed MND is the appropriate document for compliance with the requirements of CEQA. This IS/Proposed MND conforms to these requirements and to the content requirements of State CEQA Guidelines Section 15071. Under CEQA, the lead agency is the public agency with primary responsibility over approval of the proposed project. The District is the lead agency for the proposed U&M Plan. The District has directed the preparation of an analysis that complies with CEQA. The purpose of this document is to present to decision-makers and the public information about the environmental consequences of implementing the proposed project. This disclosure document is being made available to the public for review and comment. CEQA requires a minimum 20-day public review period for IS/MNDs. Due to the holidays, MROSD will make the IS/Proposed MND available for a 40-day public review period from November 26, 2013 to January 6, 2014. Introduction Ascent Environmental Midpeninsula Regional Open Space District 1-2 Mindego Ranch Use and Management Plan IS/MND Supporting documentation referenced in this document is available for review at the MROSD office: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Phone: (650) 691-1200 Comments should be addressed to: Lisa Bankosh, Project Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Phone: (650) 691-1200 Fax: (650) 691-0485 E-mail comments may be addressed to: linfante@openspace.org If you have questions regarding the IS/Proposed MND, please call Lisa Bankosh at (650) 691-1200. If you wish to send written comments (including via e-mail), they must be postmarked by January 6, 2014. After comments are received from the public and reviewing agencies, the District may (1) adopt the MND and approve the proposed project; (2) undertake additional environmental studies; or (3) abandon the project. If the project is approved and funded, the District may proceed with the project. 1.3 SUMMARY OF FINDINGS Chapter 3 of this document contains the analysis and discussion of potential environmental impacts of the proposed project. Based on the issues evaluated in that chapter, it was determined that the proposed project would have either no impact or a less-than-significant impact related to all but six of the issue areas identified in the Environmental Checklist, included as Appendix G of the State CEQA Guidelines. These include the following issue areas:  agricultural resources,  geology and soils,  greenhouse gas emissions  land use and planning,  mineral resources,  noise,  population and housing,  public services,  recreation,  transportation/traffic,  utilities and service systems, and  mandatory findings of significance. Ascent Environmental Introduction Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 1-3 Potentially significant impacts were identified with respect to aesthetics, air quality, biological resources, cultural resources, hazards, and hydrology/water quality; however, mitigation measures included in the IS/Proposed MND would reduce impacts to a less-than-significant level. 1.4 ENVIRONMENTAL PERMITS In addition to District approval, the project may require Section 404 Permit from the US Army Corps of Engineers, Compliance with Endangered Species Act Section 7 as enforced by the US Fish and Wildlife Service, Compliance with California Department of Fish and Game Code Sections 1602 and 2080.1, Section 401 certification from the Regional Water Quality Control Board, notification of demolition and possible approval of an asbestos plan by the Bay Area Air Quality Management District (BAAQMD), and issuance of planning entitlement, as well as grading permits by San Mateo County. 1.5 DOCUMENT ORGANIZATION This IS/Proposed MND is organized as follows: Chapter 1: Introduction. This chapter provides an introduction to the environmental review process. It describes the purpose and organization of this document as well as presents a summary of findings. Chapter 2: Project Description and Background. This chapter describes the purpose of and need for the proposed project, identifies project objectives, and provides a detailed description of the proposed project. Chapter 3: Environmental Checklist. This chapter presents an analysis of a range of environmental issues identified in the CEQA Environmental Checklist and determines if each of a range of impacts would result in no impact, a less-than-significant impact, a less-than-significant impact with mitigation incorporated, or a potentially significant impact. If any impacts were determined to be potentially significant, an EIR would be required. For this project, however, none of the impacts were determined to be significant after implementation of mitigation measures. Chapter 4: References. This chapter lists the references used in preparation of this IS/Proposed MND. Chapter 5: List of Preparers. This chapter identifies report preparers. Introduction Ascent Environmental Midpeninsula Regional Open Space District 1-4 Mindego Ranch Use and Management Plan IS/MND This page intentionally left blank. Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 2-1 2 BACKGROUND AND PROJECT DESCRIPTION 2.1 INTRODUCTION The project would implement the proposed Use and Management Plan (U&M Plan) for the 1,047 acre Mindego Ranch Property within the District’s Russian Ridge Open Space Preserve. The proposed U&M Plan focuses on habitat restoration projects to benefit resident populations of California red-legged frog and San Francisco garter snake. Other planned actions include re-introduction of cattle grazing to the property, road and trail maintenance to reduce erosion, and routine patrol activities. The U& M Plan also includes minimal public access to the property, namely opening access to an existing donor recognition site to hikers and equestrians. 2.2 PROJECT BACKGROUND The project area, a 1,047-acre former cattle ranch, was added to the District’s RROSP in 2008. A Preliminary Use and Management Plan, which maintained status quo management on the Mindego Ranch property, was approved as part of the purchase (MROSD 2008). Subsequently, the District conducted biological surveys on the property which documented the existence of a population of San Francisco garter snake (SFGS), a federally- listed endangered species. Because of the biological sensitivity of this species, which includes federal regulation of activities within its habitat, the District has engaged in long-term planning to ensure that future District public access and land management objectives are fully consistent with the requirements of the Endangered Species Act. District staff has worked closely with resource specialists to develop land management recommendations for Mindego Ranch, including pond restoration, re-introduction of cattle grazing, and road and trail improvements to reduce erosion and facilitate adequate maintenance and patrol of the property. These recommendations have been consolidated into the proposed U&M Plan for Mindego Ranch. The U&M Plan is intended to guide stewardship of the property for the next twenty to thirty years. In 2012, the District approved very limited public access to Mindego Ranch in the form of a hiking/equestrian trail to the summit of Mindego Hill (the “Mindego Hill Trail; estimated to be constructed in 2014 and open to the public in 2015) and prohibited off-trail use due to the presence of sensitive habitats and wildlife (MROSD 2012). Aside from opening an existing donor recognition site to the public, this U&M plan does not propose further access to the property. 2.2.1 PROJECT MANAGEMENT PLANS The following documents are incorporated into the U&M Plan and will guide implementation for several components, including habitat restoration, grazing management, and roadway improvements:  San Francisco Garter Snake Habitat Management Plan. This habitat management plan was prepared specifically for the proposed project by Biosearch in September 2012. The management plan provides USFWS-compliant strategy to encourage the recovery of SFGS by improving habitat conditions for SFGS and California red legged frog (CRLF), a primary food source for SFGS. Habitat management actions include temporarily draining Mindego Lake to eradicate non-native species, and removing sediment and vegetation from other ponds on the property to improve breeding habitat for CRLF. The habitat enhancement actions were designed to benefit the SFGS and would be implemented under an endangered species recovery or enhancement permit issued by the USFWS. Project Description and Background Ascent Environmental Midpeninsula Regional Open Space District 2-2 Mindego Ranch Use and Management Plan IS/MND  Road and Trail Erosion Inventory: Mindego Ranch Area. This report, prepared by Timothy C. Best, CEG, in November 2012, inventories the condition and erosion potential along existing roads and trails into and within Mindego Ranch, focusing on potential risk for future sediment delivery to streams, and locations where road or trail upgrades are needed. The report identifies feasible repairs to minimize erosion and repair damaged roads. The report also includes an assessment of long-term maintenance requirements.  Mindego Hill Ranch Grazing Management Plan. This grazing plan was prepared specifically for the proposed project by Sage Associates in October 2012. The grazing plan provides appropriate management practices for a conservation grazing program, including soil and water conservation, erosion control, pest management, nutrient management, water quality, and habitat protection associated with the onsite grasslands that are proposed for grazing. 2.2.2 OTHER APPLICABLE PLANNING DOCUMENTS AND STUDIES The following planning documents and technical studies, which are referenced throughout this IS/MND, apply directly or indirectly to the Mindego Ranch property and the proposed project.  Service Plan for the Coastside Protection Area. The Service Plan for the Coastside Protection Area (Service Plan) was adopted with the Coastal Annexation EIR in 2003. The Service Plan includes guidelines and implementation actions for the Coastside Protection Area. Many of these guidelines and actions include mitigation measures identified in the Coastal Annexation EIR. The guidelines and implementation actions in the Service Plan apply to the entire Mindego Ranch property.  Resource Management Policy Document. The District adopted updated Resource Management Policies in 2011, which define the practices used by the District to protect and manage District lands. These policies apply to all District lands, including the entire Preserve. The Resource Management Policies are available for review on the District’s website at http://www.openspace.org/ plans_projects/resource_policies.asp.  Regulations for Use of Midpeninsula Regional Open Space District Lands. The District adopted these regulations for use of District lands in 1993, and most recently revised them in 2004. These policies apply to all District lands, including the entire Preserve.  Herbicide Application and Invasive Species Control at Mindego Ranch. The Midpeninsula Regional Open Space District (District) prepared an IS/MND in 2009 for herbicide application. Mitigation measures incorporated into the project include restrictions on pesticide applications and control methods within specified areas surrounding Big Spring, Mindego, and Knuedler Lakes, which provide habitat for special status species, including CRLF and SFGS. The project was approved on May 27, 2009.  Mindego Gateway Project. Located on property directly east of the project area, the Mindego Gateway Project is a partnership between MROSD and Peninsula Open Space Trust (POST), which intended to provide public access to the Mindego Hill Area of RROSP. This project will connect the existing Mindego Ridge Trail to the summit of Mindego Hill via the Mindego Hill Trail. The Mindego Hill Trail will be restricted to hikers and equestrians only and average three feet in width. A new parking lot/staging area and a commemorative site to honor the conservation achievements of former POST president Audrey Rust. An IS/MND was prepared for the project in February 2012, and the project was approved June 13, 2012.  Approval of Closure-in-Place. This letter from the San Francisco Bay Regional Water Quality Control Board, dated September 28, 2012 approves the proposed closure-in-place of an onsite landfill (which reportedly contains 15,000 to 20,000 cubic yards of fill consisting of soil, tree stumps, concrete, and other construction debris, auto bodies, and other materials). The letter also identifies required site management measures, including a stormwater runoff control plan, closure and signage of the filled area, enforcement of access restrictions, and slope inspection. Ascent Environmental Project Description and Background Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 2-3  Positive Archaeological Survey Report (PASR) and Finding of No Adverse Effect to Archeological Resources. This report was prepared for the proposed project in February 2013 by Mark G. Hylkema MA, RPA Archaeologist.  Historical Resource Analysis for the Midpeninsula Regional Open Space District Proposed Mindego Ranch Use and Management Plan. This report was prepared on July 17, 2013 for the proposed project by Ascent Environmental in order to evaluate the historical significance of the onsite structures for the purposes of CEQA. Criteria for determining historical significance has been developed by the California Register of Historical Resources (CRHR) and National Register of Historic Places (NRHP), which rests on twin factors of significance and integrity. Based on this criteria, discussed in greater detail in this report, the onsite structures do not appear to be eligible for listing in the NRHP or CRHR and are not considered to be historically significant for the purposes of CEQA. 2.3 PROJECT LOCATION The project site is defined by the boundaries of the Mindego Ranch Property, located 2 miles east of the community of La Honda in the Santa Cruz Mountains, within unincorporated San Mateo County (See Exhibit 2-1 and 2-2). The project site lies near the headwaters of Mindego Creek and Alpine Creek, which are both tributaries to San Gregorio Creek. The site is approximately 1 mile west of the crest of the Santa Cruz Mountains and is accessed from Alpine Road via a gravel ranch road. Mindego Ranch is now part of the western portion of the RROSP. The only structures on project site are two vacant single-family residences and a barn. Surrounding land uses include rural residential with some minor, non-commercial agricultural activities. 2.4 SITE DESCRIPTION Mindego Ranch covers 1,047 acres and is part of the 3,137-acre RROSP. Elevations on the project site range from approximately 700 feet above sea level along Mindego Creek to 2,143 feet at the top of Mindego Hill. Many slopes are steep with deeply cut drainages. The topography of the area is influenced by the San Andreas fault zone. The San Mateo County General Plan designates the project site as Agriculture – Grazing Lands. 2.4.1 ONSITE VEGETATION AND FORESTS Mindego Ranch supports a mosaic of upland plant communities within four general habitat types: Developed/Ruderal, Mixed Evergreen Forest, Non-native Grassland, and Coyote Brush Scrub. These habitat types are described briefly below and in greater detail in Section 3.4 Biological Resources.  California Annual Grassland is dominated by non-native grasses and forbs including star-thistle, wild oats, wild radish, etc. with occasional native species.  Mixed Evergreen Forest is dominated by a canopy of native trees including oaks, bays, buckeye, and maple with an understory of native shrubs and herbs including poison oak, California hazelnut, blackberry, etc.  Coyote Brush Scrub is dominated by coyote brush (Baccharis pilularis), with native shrubs and herbs present including poison oak, California blackberry, toyon, etc.  Developed/Ruderal Habitat consists of areas developed by roads, residences, and other structures, along with ruderal (highly disturbed) areas dominated by weedy, non-native grasses and forbs. The upper slopes of Mindego Ranch consist of grassland vegetation with occasional stands of mixed hardwood and coniferous forest dispersed throughout the hills and drainages. Understory shrubs have encroached on what once were pasture lands for cattle; many invasive non-native plants have spread over the formerly open landscape. Project Description and Background Ascent Environmental Midpeninsula Regional Open Space District 2-4 Mindego Ranch Use and Management Plan IS/MND Exhibit 2-1 Regional Location Ascent Environmental Project Description and Background Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 2-5 Exhibit 2-2 Ranch Location Project Description and Background Ascent Environmental Midpeninsula Regional Open Space District 2-6 Mindego Ranch Use and Management Plan IS/MND 2.4.2 ONSITE STREAMS, WATERSHEDS, AND AQUATIC HABITAT Within Mindego Ranch, flows from several natural springs were captured by ranchers who, at some point in the past, constructed earthen berms to create Upper Pond, and Big Spring, Mindego, and Knuedler Lakes to serve as cattle stock ponds. These are described briefly below and in greater detail in Section 3.4 Biological Resources.  Mindego Lake covers approximately 5.4 acres and is composed primarily of open water with depths greater than four feet throughout most of the lake. Herbaceous wetland vegetation dominated by a mixture of native and non-native species grows in shallow areas along the lake fringe. Small stands of willow (Salix sp.) grow along the southern perimeter of the lake near the water line. A seep wetland feeds into the lake from the east.  Upper Pond covers approximately 0.15 acre and is composed of a dense cover of herbaceous wetland vegetation dominated by native species, such as bulrush, water cress, and soft rush. Very little open water is present and the pond appears shallow due to sediment accumulation.  Big Spring covers approximately 1 acre and is composed of a multilayered tree canopy with a dense herbaceous understory. Native tree and shrub species grow around the pond fringe. Big Spring supports an extensive amount of riparian habitat that is beneficial to a variety of wildlife.  Knuedler Lake covers approximately 1.15 acres, with the majority of the lake composed of a dense cover of emergent wetland vegetation. The periphery of the lake is dominated by a mixture of native and non-native herbaceous wetland species. A seep wetland occurs on a slope above the southeastern portion of the lake.  Mindego Creek is a perennial stream that traverses the property and eventually drains into San Gregorio Creek and then out to the Pacific Ocean.  Rodgers Gulch is an intermittent stream located on the property.  Mindego Creek and Alpine Creek watersheds, within both of which the project site is located, are tributaries to San Gregorio Creek and part of the San Gregorio Creek basin. 2.4.3 ONSITE STRUCTURES Two ranch houses and one barn are located on the project site. The Old True Residence, also known as Grandma’s House, is a one and one-half story front-gabled home with attached garage and board-and-batten cladding. The residence was built by the True family in the late 1950s. It is in poor condition with extensive dry rot and the roof and doors shows signs of neglect. The barn associated with the Old True Residence is a side- gabled saltbox with a corrugated roof and is in poor condition, with the roof collapsing and boards missing from the walls. The second residence was built in the late 1970s or early 1980s. 2.4.4 PUBLIC ACCESS Mindego Ranch has not yet been opened to general public access, however small docent-led tours are currently offered. Public access to the summit of Mindego Hill via a new, planned hiking and equestrian trail was approved in 2012 as part of the Mindego Gateway Project. As of this writing, the Mindego Hill Trail has not yet been constructed. 2.5 DESCRIPTION OF PROPOSED PROJECT The proposed U&M Plan would direct future land management, operations, and public access actions and activities at Mindego Ranch. The goal of the U&M Plan is to protect and enhance habitat for sensitive wildlife species, while responsibly integrating land management activities and limited public access at Mindego Ranch. The proposed U&M Plan elements are described individually below. Ascent Environmental Project Description and Background Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 2-7 2.5.1 HABITAT ENHANCEMENT ACTIONS The District contracted with expert herpetologists to perform in-depth surveys and recommend measures to protect and enhance populations of SFGS and other sensitive species on the ranch. (See Exhibit 2-3.) The core habitat areas for these species would be designated as Conservation Management Units (CMUs), which would be managed for resource protection rather than public recreation (for more information, refer to Appendix A SFGS Habitat Management Plan). Other than occasional docent-led tours, no public access would be permitted within the CMUs. The Habitat Management Plan also includes physical improvements to improve aquatic habitat for SFGS:  Eradicate non-native fish and control bullfrogs at Mindego Lake to improve SFGS’s native prey base, primarily California red-legged frog (CRLF) and Pacific tree frog, as a long-term ecosystem benefit. This involves the following steps: a. Temporarily drain Mindego Lake to eliminate non-native fish that prey upon larval CRLF. b. Initiate a management program to eliminate the bullfrogs which are aggressive, introduced predators of the CRLF.  Increase capacity of smaller ponds that have partially filled in with sediment and are heavily colonized by aquatic vegetation. Loss of open water habitat has reduced overall habitat quality and impairs successful breeding by CRLF.  Install livestock exclusion fencing in select areas of all four ponds to manage livestock. This would allow cattle to drink at specific locations to help maintain open water habitat while excluding them from portions of the pond to ensure adequate growth of emergent and perimeter vegetation, consistent with CRLF protection. 2.5.2 CONSERVATION GRAZING Establishment of conservation grazing at Mindego Ranch is a cost-effective strategy to maintain ideal grassland- to-brush ratios for SFGS, control invasive weeds, reduce wildland fire fuel loads, maintain open water habitats in shallow ponds for CRLF, and promote native plant diversity, as well as support a traditional Coastside land use. Significant infrastructure improvements as well as active management and monitoring are essential to meet the objectives of conservation grazing. A grazing management plan was prepared for the property by Sage Associates in 2008, which includes several recommendations to protect water quality on and off the property, and habitat on the project site. As recommended in the grazing assessment, the proposed U&M Plan includes low initial stocking rates (approximately 35 cow-calf pairs in a year-round operation) and the following water system improvements (See Exhibit 2-4; for more information, refer to Appendix B, Grazing Plan):  Install five new troughs at strategic locations to evenly distribute cattle across the property (See Exhibit 2-3)  Install two new water tanks to provide livestock and wildlife water throughout the dry months  Install an electric (solar) pump to distribute the livestock water  Install 8,000 feet of new, buried PVC water line to supply the water troughs Mindego Ranch is partially within the drinking water watershed of Cuesta La Honda Guild, which diverts water from Mindego Creek to supply drinking water to approximately 280 residences within the Town of La Honda. A potential threat posed by cattle grazing to downstream drinking water quality is the possible introduction of Cryptosporidium to the water supply. Cryptosporidium is a pathogenic protozoan that can cause intestinal infections which can cause illness and even fatality to children and other sensitive populations. Cryptosporidium is spread via hardy cysts, which are most often produced by newborn calves infected with the pathogen. Contamination of the water supply with even trace levels of cysts could trigger the need to install extremely costly water treatment procedures. Project Description and Background Ascent Environmental Midpeninsula Regional Open Space District 2-8 Mindego Ranch Use and Management Plan IS/MND Many of the project site’s natural features help reduce cattle access to Mindego Creek, including existing dense vegetation and steep topography. These natural features create an approximate 500-foot minimum buffer from the Mindego Creek watercourse. In addition, the proposed Grazing Plan includes several measures to keep cattle away from water sources, including strategic placement of water troughs and salt licks away from water bodies, as well as installation of exclusionary fencing. Proposed active management and monitoring of the grazing land would also limit stormwater runoff rates and soil erosion, which further eliminate the potential for cysts to enter water courses. For example, MROSD would monitor vegetation response and forage utilization and distribution to ensure that grazing is adequately distributed throughout the property and that no single area is grazed too heavily. Please see Appendix B, for a description of the Rangeland-Habitat Health and Residual Dry Matter (RDM) monitoring program that would be implemented as part of the proposed U&M Plan. To further minimize the potential for contamination of the Guild’s water supply, the following measures are included in the proposed U&M Plan (See Section 3.10 Hydrology and Water Quality for more information):  Cattle would be excluded from the Mindego Creek watershed via a system of fencing and existing natural barriers (dense vegetation and steep topography) during the period the Guild draws water from Mindego Creek . This period extends from September 1 through May 31 (except during the 2-day processing period; see below), encompassing the typical rainy season as well as a precautionary buffer. This measure will avoid the potential for pathogens which may be present in cattle excrement to be carried to Mindego Creek via rainwater runoff.  Regular monitoring will be performed by MROSD staff and the grazing tenant during the rainy season to ensure that no cattle have entered the Mindego Creek watershed. Additional fencing will be installed wherever and whenever existing barriers are found to be ineffective.  During processing, typically spanning a 2 day period in winter, cattle will be confined to a secure holding field and corral along the southern border of the Mindego Creek watershed. No cattle will be moved into the holding field or corral if or when precipitation (rain) occurs or is forecasted with greater than a 70 percent probability in the next 72-hour period to prevent fecal material from entering the water via surface runoff. The holding field and corral vicinity will be monitored regularly by District staff or other appointed personnel for signs of concentrated surface water flow (e.g., gullies and rills). If such signs are detected, the District will ensure that proper drainage improvements are installed to prevent concentrated flows from the area into the watershed.  Cattle water troughs and salt/mineral supplement will be located at least 800 feet away from surface water bodies to disperse cattle and other wildlife away from wetland and riparian areas (see Exhibit 2-4).  Supplemental feeding will not be allowed, except in the following circumstances: 1) Distribution of supplements (vitamins, minerals, protein) to aid in the achievement of District resource management goals, livestock health and livestock movement and 2) feeding in the corral/holding pen (when cattle are off loaded and held or shipped from the premises. Any hay should be locally sourced.  Stocking rates identified in the Grazing Management Plan will be adjusted as necessary to maintain appropriate Residual Dry Matter (RDM) standards. Annual monitoring of RDM shall by conducted by the District rangeland ecologist.  The District will continue to implement the feral pig reduction program, which has been effective in reducing the feral pig populations. (Note that feral pigs currently occur in the area and are also a potential source of Cryptosporidium. Reducing pig populations in the watershed reduces existing potential for contamination of the water supply, reduces the risk of disease transmission to domestic livestock, protects native vegetation and sensitive habitat areas and is a an overall benefit to the project.) Ascent Environmental Project Description and Background Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 2-9 Exhibit 2-3 SFBS Habitat Enhancement Project Description and Background Ascent Environmental Midpeninsula Regional Open Space District 2-10 Mindego Ranch Use and Management Plan IS/MND Exhibit 2-4 Grazing Infrastructure Ascent Environmental Project Description and Background Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 2-11 2.5.3 PUBLIC ACCESS To minimize potential impacts to the highly sensitive SFGS, protective guidelines would be established and public access on the property would be limited. The proposed U&M Plan would open access to an existing donor recognition circle, which includes the following specific actions (See Exhibit 2-5):  opening a new section of the Mindego Ranch main driveway that connects to the POST Donor Circle pathway to hiking and equestrian use,  opening the POST Donor Circle pathway to hiking only,  installing a horse stile at the entrance of the Donor Circle pathway,  designating habitat buffer areas around ponds as Conservation Management Units, where no public access is allowed,  installing “Closed Area” signage at key locations,  installing a new gate on the Mindego Ranch main driveway just beyond the junction with the Donor Circle pathway, and  allowing for docent-led tours only within closed areas of Mindego Ranch. 2.5.4 MAINTENANCE AND OPERATION Major maintenance and operations projects that would be implemented as part of the U&M Plan include road erosion treatment projects and removal of existing structures. Road erosion treatment projects, as prescribed by the Mindego Ranch Road and Trail Erosion Inventory (Best 2012), would include installing reverse-grade dips and ditch relief culverts, rocking low-lying segments, replacing a failing culvert along the Mindego Hill Trail, as well as re-grading, widening, and installing reverse-grade dips on three critical ranch access roads (See Exhibit 2-6). The dilapidated structures described above, including the two ranch houses, barn and corral, would be demolished for safety reasons. (It should be noted that the District would remediate or cap soil contaminants in the corral area as part of structural demolition.) Additional maintenance activities are included in the San Francisco Bay Water Quality Control Board Landfill Closure Site Management Measures (landfill closure, signage, restriction enforcement, and slope monitoring) and the POST Council Circle Management Agreement (trail maintenance actions, grazing responsibilities, and invasive species control). It is also important to note that the District has existing funding dedicated to future remediation of the corral area (a remediation plan has not yet been prepared), which would not be accessible to the public. No additional staffing would be required for operation of the proposed U&M Plan. The proposed project provides very limited additional public access and amenities and is therefore expected to generate few, if any, additional vehicle trips (i.e., no more than 2 trips per day). 2.5.5 PROJECT CONSTRUCTION Project elements would be constructed as funding becomes available. Due to potential public health, safety concerns and the need for cost-effective habitat management, demolition of existing structures and installation of grazing infrastructure is anticipated to occur within the next one to two years. Other project components, such as pond and habitat enhancement, and public access, would likely occur within 2-to-10 years after project approval, depending on funding. Project construction would require few pieces of heavy construction equipment, mostly for demolition of structures and pond restoration. Fewer than 10 construction workers would typically be onsite at any given time. Project Description and Background Ascent Environmental Midpeninsula Regional Open Space District 2-12 Mindego Ranch Use and Management Plan IS/MND Exhibit 2-5 Public Access Ascent Environmental Project Description and Background Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 2-13 Exhibit 2-6 Road Maintenance Project Description and Background Ascent Environmental Midpeninsula Regional Open Space District 2-14 Mindego Ranch Use and Management Plan IS/MND This page intentionally left blank. Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 3-1 3 ENVIRONMENTAL CHECKLIST PROJECT INFORMATION 1. Project Title: Mindego Ranch Use and Management Plan 2. Lead Agency Name and Address: Midpeninsula Regional Open Space District (MROSD) 330 Distel Circle, Los Altos, CA 94022 3. Contact Person and Phone Number: Lisa Bankosh, 650 691-1200 4. Project Location: Unincorporated San Mateo County 5. Project Sponsor’s Name and Address: Same as Lead Agency (MROSD) 6. General Plan Designation: San Mateo County: Open Space, Public Recreation, Timber Production 7. Zoning: San Mateo County: RM (Resource Management), RM-CZ/CD (Resource Management – Coastal Zone) and TPZ (Timberland Preserve Zone) 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary.) See attached project description. 9. Surrounding Land Uses and Setting: (Briefly describe the project’s surroundings) The Preserve is surrounded primarily by open space, undeveloped private land, and rural residential uses. Please see attached project description. 10: Other public agencies whose approval is required: (e.g., permits, financing approval, or participation agreement)  US Army Corps of Engineers (Section 404 Permit)  US Fish and Wildlife Service (Section 7 compliance)  California Department of Fish and Wildlife (Section 1602 and 2080.1 compliance)  Regional Water Quality Control Board (Section 401 cert.)  Bay Area Air Quality Management District (notification of demolition)  San Mateo County Demolition Permit, Grading and Resource Management Permit ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact” as indicated by the checklist on the following pages. Aesthetics Agriculture and Forest Resources Air Quality Biological Resources Cultural Resources Geology / Soils Greenhouse Gas Emissions Hazards & Hazardous Materials Hydrology / Water Quality Land Use / Planning Mineral Resources Noise Population / Housing Public Services Recreation Transportation / Traffic Utilities / Service Systems Mandatory Findings of Significance None With Mitigation Environmental Checklist AscertEn4Iiormnatal DETERMINATION {To be completed by the Lead Ageri y)) Dn the basis cif this initial evaluation: I find that the propose project could not have a signif,cant effect on ;he environment, and a NEGATIVE DECLARATION w°II be prepared. I rind that although the proposed project CGJLU have a signif cant eff,oct an the environment, there WILL NOT be a significant effect in this case because revisions in the project have been made by or agreed to by the Qrojr?CC proponent. A MITIGATED NEGATIVE DECLAMATION! will be prepared. I find that ;he proposed project MAY have Significant effector t^.eenv lie nrnent, and an ENVIRONMENTAL IMPACT REPORT is required - I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" irn,pact on the environment, but at least one effect ].l has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2} has been addressed by rnitigat.on •neasy-es based on the earlier analysis as described or, attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only tile effects that remain to be addressed_ El 1 find that although the proposed oroject could Ifave a 5-grtiifiC8r1; effector the environment, because all potentially significan: effects {a) have been analyzed adequPte'y in an p.ariicr EIR or NEGATIVE DECLARATJON pursuant to applicable standards, and (b} have beer. avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, inc:udirg revisions or mitigation rr wasurr.s that are imposed rrpprl the proposed project, nothing fur:her is required. Ad4t) 67171. 21/ r Signature Date Pi. pai,eie 777 - Printed Name Title Midpenfnsula Regional Open Space ListriCt Agency 611d�priIri ulandgidrlalOpusSpace pistriCt 3.2 MmUego Rinoh Ilse and Management Plan IS/MNU Ascent Environmental Environmental Checklist Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 3-3 EVALUATION OF ENVIRONMENTAL IMPACTS 1. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect may be significant. If there are one or more “Potentially Significant Impact” entries when the determination is made, an EIR is required. 4. “Negative Declaration: Less Than Significant With Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from “Earlier Analyses,” as described in (5) below, may be cross- referenced). 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are “Less than Significant with Mitigation Measures Incorporated,” describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8. This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project’s environmental effects in whatever format is selected. 9. The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance. Environmental Checklist Ascent Environmental Midpeninsula Regional Open Space District 3-4 Mindego Ranch Use and Management Plan IS/MND 3.1 AESTHETICS ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact I. Aesthetics. Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? 3.1.1 ENVIRONMENTAL SETTING The project site has a high degree of visual quality. (See Exhibits 3.1-1 through 3.1-4) The rolling grassland interspersed with woodland, riparian vegetation, a creek, and several ponds contribute to the site’s high scenic quality. The project site’s visual character is also defined by the deteriorating rural residential structures, as well as the remnants of the former onsite cattle grazing operation (including a barn, corral, water tank, and troughs). The dilapidated onsite structures generally detract from the otherwise natural visual character. Note than none of the onsite structures meet the criteria for listing as historic resources. (See Section 3.5 Cultural Resources.) Multiple scenic vistas are located throughout the project site. For example, the project site offers picturesque panoramas of the surrounding coastal landscape, especially from the top of Mindego Hill, which, on clear days, offers distant views of the Pacific Ocean. Most places on the project site offer views of rolling hillsides with dense vegetation in the valleys, as well as a few small ponds. District policies included in the “Resource Management Policies” document (MROSD 2011) are intended to reduce District-wide visual impacts. Applicable Resource Management Policies include minimizing evidence of human impacts by minimizing visibility of infrastructure and maintaining significant natural landscapes by controlling vegetation to maintain scenic views and requiring tenants to maintain landscapes. Nighttime views in the project area are very dark and generally free of light pollution. No sources of light or glare exist on the property. Ascent Environmental Environmental Checklist Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 3-5 Exhibit 3.1-1 View of Mindego Hill from the East Gate Exhibit 3.1-2 Northwest View from the Top of Mindego Hill Environmental Checklist Ascent Environmental Midpeninsula Regional Open Space District 3-6 Mindego Ranch Use and Management Plan IS/MND Exhibit 3.1-3 View of Existing Onsite Water Tank with Off-Site Rolling Hills in the Background Exhibit 3.1-4 View of Mindego Lake Ascent Environmental Environmental Checklist Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 3-7 3.1.2 DISCUSSION a) Have a substantial adverse effect on a scenic vista? Less-Than-Significant. Scenic vistas are available from several locations on the project site, especially on top of Mindego Hill. In addition, the high visual quality of the project site contributes to scenic vistas visible from offsite locations throughout the project area. It should first be noted that the existing scenic vistas available at the project site are currently not available to the public. Implementation of the proposed U&M plan would provide public access to the site and its outstanding views. This is considered an environmental benefit of the proposed project. Implementation of the proposed U&M Plan would involve minor physical modifications that would generally complement and fit in with the existing visual character of the site and surrounding property; these include demolition of existing deteriorating structures, and improvements to existing roadways, providing public access, installation of grazing facilities (water tanks and troughs), re-introduction of cattle onto the site, and restoration of existing ponds. These physical changes would typically not substantially affect existing scenic vistas (either onsite or offsite). This impact is less than significant. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? Less-Than-Significant. The proposed project is not located within the vicinity of a state scenic highway. The San Mateo County General Plan designates Alpine Road as a scenic corridor. The project site (primarily Mindego Hill) is distantly visible from Alpine Road (over one mile away). Structures on the project site do not meet the eligibility criteria for listing as a significant historic resource. (See Section 3.5, Cultural Resources) The proposed project does not include development of any additional structures or construction of any features that would be clearly visible from Alpine Road. The proposed project would not result in tree removal or removal of rock outcroppings. Therefore, because the proposed project would not substantially damage scenic resources, the impact would be less than significant. c) Substantially degrade the existing visual character or quality of the site and its surroundings? Less-Than-Significant. Mindego Hill trail, a new hiking and equestrian trail to the summit of Mindego Hill, was approved in 2011 as part of the Mindego Gateway project. Implementation of the proposed U&M Plan would provide additional hiking and equestrian access to a Donor Circle honoring those who contributed to the preservation of the property. No public vehicle access would be provided on the project site. Although more people would be visible hiking and riding horses on the site, the additional number of visitors would not be substantial and the publically accessible area on the site would be very limited (See Exhibit 2-5). Therefore, there would not be a substantial change to the existing visual setting. In addition, re-introduction of cattle grazing on the project site, as well as the installation of minor facilities such as water tanks and troughs, would be consistent with the visual character of the site, which currently includes structures and features associated with the former cattle grazing operation. Other improvements include habitat restoration, primarily associated with the onsite ponds. Although there would be short-term visual effects associated with the temporary draining of Mindego Lake (to eradicate invasive species), once the lake is refilled there would be no noticeable change to the visual character of the Environmental Checklist Ascent Environmental Midpeninsula Regional Open Space District 3-8 Mindego Ranch Use and Management Plan IS/MND onsite pond. Other habitat restoration activities would reduce sedimentation in the ponds, which would enhance their appearance by enlarging the visible area of water. Considering all of the above, the proposed project would not result in substantial degradation of the existing visual character or quality of the site. This would be a less-than-significant impact. d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? No Impact. The proposed project would not include any new structures or other sources of light or glare. Public access would not be allowed after daylight hours. The project would result in no impact. Ascent Environmental Environmental Checklist Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 3-9 3.2 AGRICULTURE AND FOREST RESOURCES ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact II. Agriculture and Forest Resources. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997, as updated) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use or a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of forest land or conversion of forest land to non-forest use? e) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use? Environmental Checklist Ascent Environmental Midpeninsula Regional Open Space District 3-10 Mindego Ranch Use and Management Plan IS/MND 3.2.1 ENVIRONMENTAL SETTING Mindego Ranch was used for cattle ranching from 1859, when Juan Mendico settled in the area with ranch and residential infrastructure located northeast of Mindego Lake, until 2008 when the property ownership transitioned to the District. The ranch contains approximately 330 acres of grassland that are available for cattle grazing where accessible along ridges, swales and foothill sideslopes. As of 2010, no areas of the project site were mapped as Farmland of Statewide or Local Importance, Unique Farmland or Prime Farmland by the Farmland Mapping and Monitoring Program. The project site does not contain any designated “Farmland” per the Farmland Mapping and Monitoring Program (FMMP). The FMMP designates the land within Preserve boundaries as either “Grazing Land” or “Other Land.” (Department of Conservation 2010) The Coastal Protection Program EIR included a measure to amend the Coastal Service Plan’s definition of “prime agricultural land” to include “land which supports livestock for the production of food and fiber and which has an annual carrying capacity equivalent to at least one animal unit per acre as defined by the U.S. Department of Agriculture” (MROSD 2002). Grazing land within the project site has an annual carrying capacity of less than one animal unit per acre (Sage Associates 2012) and therefore does not meet the aforementioned criteria. No Prime Farmland exists on the project site. The California Land Conservation Act of 1965—commonly referred to as the Williamson Act (WA)—enables local governments to enter into contracts with private landowners for the purpose of restricting specific parcels of land to agricultural or related open space use. In return, landowners receive property tax assessments which are much lower than similarly situated properties because they are based upon farming and open space uses as opposed to full market value. Local governments receive an annual subvention of forgone property tax revenues from the state via the Open Space Subvention Act of 1971. The easterly 887 acres of the project site are currently under WA contracts. The District requested non-renewal of these contracts in 2009, but they will remain in effect throughout the nine-year non-renewal period (until December 31, 2018). Existing District policies ensure that the District sustains and encourages agricultural viability while minimizing impacts on the natural environment. Agricultural practices on District lands are guided by the Resource Management Policies (MROSD 2011) as well as the Coastal Service Plan (MROSD 2003). Resource Management Policies include guidelines to ensure that grazing supports and is compatible with wildlife and wildlife habitat. These guidelines include requirements such as inventory and conservation of sensitive habitats, preparation of site-specific grazing management plans including water quality BMPs, and protection of riparian and aquatic habitats. The Coastal Service Plan includes several guidelines that direct District purchase of and agricultural practices on farmland, as well as guidelines to protect farmland by requiring buffers for development and trails near farmland (where trail use has negative impacts on farming operations). Finally, as part of the Coastal Protection Program, the District entered into a Memorandum of Understanding with the San Mateo County Farm Bureau that ensures that all District actions on the Coastside which may impact agricultural operations are vetted by local farmers and ranchers. 3.2.2 DISCUSSION a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? Less-Than-Significant. The FMMP identifies “grazing land” and “other land” on the project site. No Prime Farmland, Unique Farmland, or Farmland of Statewide Importance occurs on the project site (Department of Conservation 2010). No agricultural uses exist on the project site. Implementation of the proposed project Ascent Environmental Environmental Checklist Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 3-11 would reintroduce the grazing and ranching operations on approximately 330 acres of project site grassland. Although the proposed project limited public access, project implementation would expand agricultural use in the region by increasing available grazing land. The proposed project would also be consistent with the District’s Resource Management Policies and the Coastal Service Plan, as described above in the Environmental Setting. The proposed project includes no new trails. The project’s impact to the conversion of Prime, Unique, or Farmland of statewide importance would be less than significant. b) Conflict with existing zoning for agricultural use or a Williamson Act contract? Less-Than-Significant. The San Mateo County General Plan Land Use map indicated that the project site is zoned RM (Resource Management) and TPZ (Timberland Preserve Zone). These zoning designations provide for park, open space and recreational uses. Thus, the proposed enhancement of habitat, reintroduction of small-scale grazing, and opening limited areas of the site to public use and providing minor public access improvements are consistent with the current zoning. Implementation of the proposed project would reintroduce grazing on the property while integrating limited public access. Grazing and ranching are considered allowable agricultural uses under the Williamson Act. Compatible uses under the WA, as amended, also include “Open Space Use” and “Recreational Use.” “Recreational Use” is defined under Government Code 51201(n) under the WA as the use of land in its agricultural or natural state by the public, with or without change, for any of the following: walking, hiking, picnicking, camping, swimming, boating, fishing, hunting, or other outdoor games or sports for which facilities are provided for public participation. “Open Space Use” in San Mateo County is defined as the use or maintenance of land in a manner that preserves its natural characteristics, beauty, or openness for the benefit and enjoyment of the public within a:  state-designated scenic highway corridor, which includes all lands adjacent to and visible from State Hwy 35 from the Santa Cruz County Line to State Route 92;  wildlife habitat area, defined as a land or water area designated by the Board of Supervisors after consulting with and considering the recommendation from the Department of Fish and Game, as an area of great importance for the protection or enhancement of the wildlife resources of the state; or  managed wetlands area, defined as an area diked off from the ocean or any bay, river, or stream to which water is occasionally admitted, and which, for at least three consecutive years immediately prior to being placed within an agricultural preserve pursuant to this chapter, was used and maintained as waterfowl hunting preserve or game refuge or for agricultural purposes. The District’s mission to preserve, protect, and maintain lands as open space and to support agricultural uses within the Coastside Protection Area essentially meets the intent and purpose of the WA. Because the District is a tax-exempt public agency whose mission is to preserve open space, the WA is not necessary to achieve land conservation objectives on District lands. For these reasons, the District has filed notices of non-renewal with San Mateo County for lands within the Preserve that are under WA contracts. Non-renewal is the preferred administrative method of terminating a contract on a parcel of land; the entire non-renewal process requires a nine-year wind down period. Non-renewal of the WA contracts is an administrative procedure that will not affect the agricultural use that is currently present on the project site. Consistent with the District’s mission, agricultural lands will remain protected after non-renewal. The proposed project includes allowing access on existing trails that would facilitate open space and low intensity recreational uses, both of which are compatible with proposed cattle grazing in grassland areas of the property. This mixed use of open space is new to the District but has been successfully operated within San Mateo County and the San Francisco Bay region. Existing WA contracts were amended by San Mateo County in September 2012 to allow compatible open space uses on the project site (San Mateo County 2012). Therefore, Environmental Checklist Ascent Environmental Midpeninsula Regional Open Space District 3-12 Mindego Ranch Use and Management Plan IS/MND the project would result in a less-than-significant impact associated with conflicts with WA contracts. This is consistent with the conclusion of the Coastal Protection Program EIR. c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? No Impact. As mentioned above under “b,” areas of the Preserve are zoned TPZ, which in addition to preserving timberland, also allows park, open space, and recreational uses. The proposed project would not require a rezone. Therefore, the project would result in no impact related to conflicts with the zoning of forest land or timberland. This is consistent with the conclusion of the San Mateo Coastal Protection Program EIR. d) Result in the loss of forest land or conversion of forest land to non-forest use? Less-Than-Significant. Implementation of the proposed project does not include development of new structures or facilities that would require substantial tree removal. As mentioned under “b” and “c” above, park, open space, and recreational uses are consistent with the TPZ zone. The District’s Service Plan includes policies to avoid physical impacts to existing forest preserves, including establishing buffers. The proposed project does not include public access within or near the TPZ area (located only on the westernmost area of the project site); therefore, no buffers are necessary Implementation of the proposed project would result in a less-than- significant impact. This is consistent with the conclusion of the Coastal Protection Program EIR. e) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use? No Impact. Implementation of the proposed U&M Plan would not involve other changes that could result in conversion of farmland or forest land to non-agricultural or non-forest use. As described in the discussions under “a” through “d” above, implementation of the proposed U&M Plan would result in no impact related to conversion of agricultural or forest land. This is consistent with the conclusion of the Coastal Protection Program EIR. Ascent Environmental Environmental Checklist Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 3-13 3.3 AIR QUALITY ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact III. Air Quality. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied on to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? 3.3.1 ENVIRONMENTAL SETTING The project site is located in San Mateo County, which lies in the San Francisco Bay Area Air Basin (SFBAAB) and is under the jurisdiction of the Bay Area Air Quality Management District (BAAQMD). With respect to ozone, San Mateo County is currently designated as a nonattainment area for the 1-hour state ambient air quality standard and the 8-hour state and national ambient air quality standards (ARB 2010). San Mateo County is designated as unclassified for the national standard for respirable particulate matter with an aerodynamic diameter of 10 micrometers or less (PM10) and as nonattainment for the state standard for PM10; and is designated as nonattainment for the state and national standards for fine particulate matter with an aerodynamic diameter of 2.5 micrometers or less (PM2.5) (ARB 2011). Air quality within San Mateo County is regulated by such agencies as the U.S. Environmental Protection Agency (EPA), and California Air Resources Board (ARB) at the federal and state levels, respectively, and locally by the BAAQMD. The BAAQMD seeks to improve air quality conditions through a comprehensive program of planning, regulation, enforcement, technical innovation, and promotion of the understanding of air quality issues. The clean air strategy of the BAAQMD consists of the development of programs for the attainment of ambient air quality standards, adoption and enforcement of rules and regulations, and issuance of permits for stationary sources. BAAQMD also inspects stationary sources, responds to citizen complaints, monitors ambient air quality and meteorological conditions, and implements other programs and regulations required by the federal Clean Air Act, federal Clean Air Act Amendments of 1990, and the California Clean Air Act. Environmental Checklist Ascent Environmental Midpeninsula Regional Open Space District 3-14 Mindego Ranch Use and Management Plan IS/MND The BAAQMD prepared the Draft Bay Area 2010 Clean Air Plan, which defines a strategy to: (1) reduce emissions and decrease ambient concentrations of harmful pollutants; (2) safeguard public health by reducing exposure to air pollutants that pose the greatest health risk, with an emphasis on protecting the communities most heavily impacted by air pollution; and (3) reduce greenhouse gas (GHG) emissions to protect the climate (BAAQMD 2010). In compliance with the requirements set forth in the California Clean Air Act, the plan specifically addresses the nonattainment status for ozone and to a lesser extent, PM10 and PM2.5. BAAQMD adopted new thresholds of significance and guidance for the evaluation of projects under CEQA in early June of 2010 (BAAQMD 2010). These documents provide detailed guidance for evaluating both short-term construction activities and the long-term operations of new facilities. The BAAQMD adopted the following quantitative thresholds of significance for the evaluation of criteria air pollutants (CAPs) and precursors generated by construction and operational activities:  Average daily emissions of 54 pounds per day (lb/day) of reactive organic gases (ROG),  Average daily emissions of 54 lb/day of oxides of nitrogen (NOX),  Average daily emissions of 82 lb/day of PM10 exhaust,  Average daily emissions of 54 lb/day of PM2.5 exhaust,  An incremental increase in the annual average concentration of PM2.5 concentrations greater than 0.3 micrograms per cubic meter, and  Fugitive PM10 and PM2.5 dust with implementation of best management practices for dust control. Note that BAAQMD defines sensitive receptors as “facilities that house or attract children, the elderly, people with illnesses or others who are especially sensitive to the effects of air pollutants. Hospitals, schools, convalescent facilities, and residential areas are examples of sensitive receptors” (BAAQMD 2010). Although not specifically stated in the BAAQMD definition, people who are active outdoors are considered by the EPA to be sensitive to criteria air pollutants, such as ozone, and would fall under the “others” category in the BAAQMD definition (EPA 2012). It should also be noted that the Coastal Service Plan includes Implementation Action G.6J(i) to reduce fugitive dust emissions. Because it would be subject to the requirements of the Service Plan, the proposed project would be required to implement this action. 3.3.2 DISCUSSION a) Conflict with or obstruct implementation of the applicable air quality plan? No Impact. The proposed project is consistent with the County’s land use designation and zoning, does not include any development of structures, and includes no additional staff. The proposed project would not change the amount of development projected in the San Mateo County General Plan, and would therefore be consistent with the population growth and VMT projections for the SFBAAB contained in BAAQMD’s Clean Air Plan (which is based on general plan projections) and thus would not interfere with the region’s ability to attain or maintain state and national ambient air quality standards. Also, the proposed project would not result in the operation of any major stationary emission sources or extensive, ongoing use of heavy-duty off-road equipment. Thus, implementation of the proposed project would not conflict with or obstruct implementation of any air quality planning efforts. As a result, there would be no impact. No mitigation is required. This is consistent with the conclusion of the Coastal Protection Program EIR. Ascent Environmental Environmental Checklist Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 3-15 b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Less-Than-Significant with Mitigation Incorporated. Implementation of the proposed U&M Plan would result in minor construction activities, such as demolition of the onsite structures already in poor condition, some removal of sediment and vegetation from ponds, and road improvements. The use of heavy duty equipment would be minimal and would be limited to the demolition of onsite structures and light earth movement for road and pond improvements. Therefore, emissions of criteria air pollutants (e.g., NOX, ROG, and Diesel PM) would be minimal and project construction activities would not result in emissions of criteria air pollutants that could exceed applicable BAAQMD emissions thresholds. Emissions of criteria air pollutants are not discussed further. Emissions of fugitive dust (i.e., PM10 and PM2.5) would be of primary concern and therefore is the focus of this analysis. The Coastal Protection Program EIR evaluated potential impacts to air quality due to implementation of the Service Plan, within which Mindego Ranch is included. Impact AIR-1 indicates that typical construction activities associated with grading for access roads and parking areas, as well as demolition activities, could result in generation of fugitive dust, including PM10 and PM2.5. The Coastal Protection Program EIR also indicates that asbestos could be generated by demolition activities, but that long-term emissions associated with implementation of the Service Plan would not be significant due to the minor use levels of the open space facilities. Mitigation Measure AIR-1 in the Coastal Protection Program EIR includes standard fugitive dust control best management practices (BMPs), including watering construction areas, covering haul trucks, daily sweeping, and hydroseeding inactive construction areas. The proposed project includes activities generally consistent with the activities described in the Coastal Protection Program EIR. Consistent with the EIR’s conclusion, implementation of the proposed project could result in a potentially significant impact if standard fugitive dust control measures are not implemented. Mitigation Measure 3.3-1 The District shall require all its construction contractors to implement the following basic construction mitigation measures. This measure incorporates Mitigation Measure AIR-1 of the Coastal Protection Program EIR. (The measures below provide updated consistency with BAAQMD regulations.) Basic Construction Mitigation Measures 〉 All exposed and un-compacted surfaces (e.g., staging areas, soil piles, and graded areas,) shall either be watered two times per day or covered with mulch, straw, or other dust control cover. 〉 All haul trucks transporting soil, sand, or other loose material off-site shall be covered. 〉 All visible mud or dirt track-out onto adjacent public roads shall be collected and removed at least once per day. The use of dry power sweeping is prohibited. 〉 All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph). 〉 All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding, dust control covers, or soil binders are used. 〉 Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measures Environmental Checklist Ascent Environmental Midpeninsula Regional Open Space District 3-16 Mindego Ranch Use and Management Plan IS/MND (ATCM) Title 13, Section 2485 of California Code of Regulations). Clear signage shall be provided for construction workers at all access points. 〉 All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. 〉 Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations. Significance after Mitigation The dust control measures in Mitigation Measure 3.3-1 would result in reductions in both fugitive emissions of PM10 and PM2.5. Although the exact amount of the reduction cannot be quantified, individual dust control measures have been shown to reduce fugitive dust by anywhere from 30% to more than 90% and, in the aggregate, best management practices would substantially reduce fugitive dust emissions from construction sites (BAAQMD 2010, p. D-47). BAAQMD would consider fugitive PM emissions to be reduced to a less-than- significant level with implementation of the dust control measures in Mitigation Measure 3.3-1. c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? Less-Than-Significant. The SFBAAB is currently designated as a nonattainment area for state and national ozone standards and nonattainment for the state PM10 standards and state and national PM2.5 standards. SFBAAB’s nonattainment status is attributed to the region’s development history. Past, present and future development projects contribute to the region’s adverse air quality impacts on a cumulative basis. By its very nature, air pollution is largely a cumulative impact. No single project is sufficient in size to, by itself, result in nonattainment of ambient air quality standards. Instead, a project’s individual emissions contribute to existing cumulatively significant adverse air quality impacts. As explained in BAAQMD’s CEQA Guidelines, and consistent with CEQA, if a project’s contribution to the cumulative impact is considerable, then the project’s impact on air quality would be considered significant (BAAQMD 2010). In developing thresholds of significance for air pollutants, BAAQMD considered the emission levels for which a project’s individual emissions would be cumulatively considerable. If a project exceeds the identified significance thresholds, its emissions would be cumulatively considerable, resulting in significant adverse air quality impacts to the region’s existing air quality conditions. Therefore, additional analysis to assess cumulative impacts is unnecessary. As discussed in the analysis under item “b” above, the Coastal Protection Program EIR indicates that, with implementation of dust control measures, project-generated emissions would not exceed applicable thresholds. Therefore, the proposed would not violate or contribute substantially to an existing or projected air quality violation. Project-generated emissions of criteria air pollutants and precursors would not be cumulatively considerable. This would be a less-than-significant impact with implementation of Mitigation Measure 3.3-1. d) Expose sensitive receptors to substantial pollutant concentrations? Criteria air pollutants and precursors; diesel particulate matter emissions; and naturally occurring asbestos are discussed separately below. Ascent Environmental Environmental Checklist Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 3-17 CRITERIA AIR POLLUTANTS AND PRECURSORS Less-Than-Significant. The surrounding land uses consist of primarily of rural residences and undeveloped open space land (the Camp Glenwood property, which serves as a male youth correctional facility, is adjacent to the southwest corner of the site). Implementation of the proposed U&M Plan would potentially introduce people participating in physical activity (i.e. hiking and bicycling), which are considered to be sensitive receptors in this analysis, to air pollutants during construction activities. However, it is District standard practice to restrict public access near construction zones. Furthermore, as discussed in b) above, project-related construction and operations would not result in emissions of criteria pollutants or local carbon monoxide emissions that would result in or contribute substantially to an air quality violation. Fugitive dust emissions associated with construction-related ground disturbance would be reduced to a less-than-significant level with implementation of Mitigation Measure 3.3-1. Emissions-generating construction activity would occur at different locations on the Preserve and not continue at any single location for an extended period. The majority of operational emissions would be from vehicles traveling to and from the project site, which would not result in localized concentrations of any CAPs. Therefore, project-related emissions would not expose sensitive receptors to substantial concentrations of CAPs. DIESEL PARTICULATE MATTER Less-Than-Significant. Construction-related activities would result in temporary, short-term emissions of diesel PM from the exhaust of off-road heavy-duty diesel equipment used for site preparation (e.g., demolition, grading, excavation, grading, and clearing); paving; trucks delivering and removing materials from construction sites; and other miscellaneous activities. According to ARB, the potential cancer risk from the inhalation of diesel PM is a more serious risk than the potential non-cancer health impacts (ARB 2003). Consequently, for the purposes of this analysis, the discussion below focuses on cancer rather than non-cancer risks. The dose to which receptors are exposed is the primary factor used to determine health risk (i.e., potential exposure to TAC emission levels that exceed applicable standards). Dose is a function of the concentration of a substance or substances in the environment and the duration of exposure to the substance. Dose is positively correlated with time, meaning that a longer exposure period would result in a higher level of exposure to the exposed individual. In other words, the risks estimated for an exposed individual are higher if a fixed exposure occurs over a longer period. According to the Office of Environmental Health Hazard Assessment, Health Risk Assessments, which determine the exposure of sensitive receptors to TAC emissions, should be based on a 70- year exposure period; however, such assessments should be limited to the duration of exposure (OEHHA 2001). The use of mobilized equipment for construction activities would be temporary at any one location, and would dissipate with increasing distance from the source. In addition, the nearest sensitive receptor is located approximately 1,500 feet to the south of the nearest potential construction site, which would allow for ample dissipation of particulates. As mentioned above, with implementation of Mitigation Measure 3.3-1, average daily emissions of PM2.5 exhaust would not exceed BAAQMD’s threshold of significance. For these reasons, and because of the highly dispersive properties of diesel PM (Zhu et. al. 2002), short-term construction-generated TAC emissions would not expose sensitive receptors to an incremental increase in cancer risk that exceeds 10 in one million or a Hazard Index greater than 1.0 of the maximally exposed individual; or result in an incremental increase in the annual average concentration of PM2.5 concentrations greater than 0.3 micrograms per cubic meter. This impact would be less than significant. NATURALLY OCCURRING ASBESTOS No Impact. Naturally occurring asbestos (NOA) was identified as a TAC in 1986 by ARB. NOA is located in many parts of California, including the Bay Area, and is commonly associated with ultramafic rocks, according to a special publication published by the California Department of Conservation, which is now named the California Environmental Checklist Ascent Environmental Midpeninsula Regional Open Space District 3-18 Mindego Ranch Use and Management Plan IS/MND Geological Survey (California Department of Conservation 2002). Asbestos is the common name for a group of naturally occurring fibrous silicate minerals that can separate into thin but strong and durable fibers. Ultramafic rocks form in high-temperature environments well below the surface of the earth. By the time they are exposed at the surface by geologic uplift and erosion, ultramafic rocks may be partially to completely altered into a type of metamorphic rock called serpentinite. Sometimes the metamorphic conditions are right for the formation of chrysotile asbestos or tremolite-actinolite asbestos in the bodies of these rocks, along their boundaries, or in the soil. Exposure to asbestos may result in inhalation or ingestion of asbestos fibers, which over time may result in damage to the lungs or membranes that cover the lungs, leading to illness or even death. According to the General Location Guide for Ultramafic Rocks in California—Areas More Likely to Contain Naturally Occurring Asbestos and the Geologic Map of the San Francisco-San Jose Quadrangle, the project site is not located in areas that are more likely to contain NOA (California Department of Conservation 2000; California Geological Survey 2007). Therefore, any ground disturbance activity associated with project-related construction or operations would not to result in the reentrainment of NOA-containing dust. There would be no impact. e) Create objectionable odors affecting a substantial number of people? Less-Than-Significant. The occurrence and severity of odor impacts depend on numerous factors, including the nature, frequency, and intensity of the source; wind speed and direction; and the presence of sensitive receptors. Although offensive odors rarely cause any physical harm, they still can be very unpleasant, leading to considerable distress and often generating citizen complaints to local governments and regulatory agencies. BAAQMD has established Regulation 7 (Odorous Emissions) to address odor issues. Regulation 7 places general limitations on odorous substances and specific emission limitations on certain odorous compounds. Project implementation would not result in any major sources of odor and the project type is not one of the common types of facilities or activities that are known to produce odors (e.g., landfill, coffee roaster, wastewater treatment facility). In addition, the diesel exhaust from the use of heavy-duty equipment during construction and demolition activities would be intermittent and temporary, and would dissipate rapidly from the source with an increase in distance. Also, construction activity would not occur at any single location for an extended period of time. There are no portable restrooms or pit toilet restrooms included in the proposed recreational facilities. Therefore, project implementation would not create objectionable odors affecting a substantial number of people. As a result, this impact would be less than significant. Ascent Environmental Environmental Checklist Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 3-19 3.4 BIOLOGICAL RESOURCES ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact IV. Biological Resources. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? 3.4.1 ENVIRONMENTAL SETTING Mindego Ranch supports a mosaic of upland plant communities within four general habitat types, including grassland, coyote brush scrub, mixed evergreen forest, and developed/ruderal. Two perennial streams (Mindego and Alpine Creeks) and one intermittent stream (Rodgers Gulch) traverse the property. Year-round open water and seasonal wetlands are found on the property, including Upper Pond, Big Spring, and Kneudler and Mindego Lakes. Numerous other seeps and springs are present. The grassland is dominated by non-native grasses and forbs including yellow star-thistle (Centaurea solstitialis), wild oats (Avena sp.), wild radish (Raphanus sativus), soft chess (Bromus hordeaceus), Italian ryegrass (Lolium multiflorum), barley (Hordeum murinum), sheep sorrel (Rumex acetosella), hedgehog dogtail (Cynosurus echinatus), summer mustard (Hirschfeldia incana), and Italian thistle (Carduus pycnocephalus), with occasional Environmental Checklist Ascent Environmental Midpeninsula Regional Open Space District 3-20 Mindego Ranch Use and Management Plan IS/MND native species including California poppy (Eschscholzia californica), slender tarweed (Madia gracilis), blue wild rye (Elymus glaucus), purple needlegrass (Nassella pulchra), and soap plant (Chlorogalum pomeridianum). Coyote brush scrub is dominated by coyote brush (Baccharis pilularis), with native shrubs and herbs present including poison oak (Toxicodendron diversilobum), California blackberry (Rubus ursinus), toyon (Heteromeles arbutifolia), wood fern (Dryopteris arguta), sticky monkey flower (Mimulus aurantiacus), California coffeeberry (Rhamnus californica), blue elderberry (Sambucus mexicana), and California sagebrush (Artemisia californica). Mixed evergreen forest is dominated by a canopy of native trees including Douglas-fir (Pseudotsuga menziesii), coast live oak (Quercus agrifolia), canyon live oak (Quercus chrysolepis), tanoak (Lithocarpus densiflorus), California bay (Umbellularia californica), California buckeye (Aesculus californica), big-leaf maple (Acer macrophyllum), and madrone (Arbutus menziesii). The understory consists of native shrubs and herbs including poison oak, California hazelnut (Corylus cornuta var. californica), California blackberry, wood rose (Rosa gymnocarpa), toyon, oceanspray (Holodiscus discolor), wood fern, Douglas iris (Iris douglasiana), trailplant (Adenocaulon bicolor), and swordfern (Polystichum munitum). Developed/ruderal habitat consists of areas developed by roads, residences, and other structures, along with ruderal (highly disturbed) areas dominated by weedy, non-native grasses and forbs. This habitat is associated with the dirt road system, and the abandoned residence, ranch buildings and corrals near Mindego Lake. Mindego Lake covers approximately 5.4 acres and is composed primarily of open water, due to water depths greater than four feet throughout most of the lake. Herbaceous wetland vegetation dominated by a mixture of native and non-native species grows in shallow areas along the lake fringe. Native species include spreading rush (Juncus patens), iris-leafed rush (J. xiphioides), spikerush (Eleocharis macrostachya), tall flatsedge (Cyperus eragrostis), cocklebur (Xanthium sp.), and water cress (Nasturtium officinale). Non-native species include curly dock (Rumex crispus), rabbits-foot grass (Polypogon monspeliensis), prickly sow thistle (Sonchus asper), and mint (Mentha sp.). Small stands of willow (Salix sp.) grow along the southern perimeter of the lake near the water line. A seep wetland, dominated by spike rush, water cress, and curly dock, feeds into the lake from the east. Uplands around the northern portion of the lake are heavily disturbed and dominated by ruderal, non-native herbaceous species including milk thistle (Silybum marianum) and Italian thistle (Carduus pycnocephalus). Knuedler Lake covers approximately 1.15 acres, with the majority of the lake composed of a dense cover of emergent wetland vegetation dominated by California bulrush (Schoenoplectus californicus), bur-reed (Sparganium eurycarpum), and cattail. The periphery of the lake is dominated by a mixture of native and non- native herbaceous wetland species including spikerush, water cress, tall flatsedge, soft rush, curly dock, rabbits- foot grass, and mint. A seep wetland dominated by spikerush and mint occurs on a slope above the southeastern portion of the lake. Big Spring covers approximately 1 acre and is composed of a multilayered canopy of willow, white alder (Alnus rhombifolia), and wax myrtle (Morella californica), with a dense herbaceous understory of cattail (Typha sp.), bulrush, water cress, soft rush, and stinging nettle. Native tree and shrub species, including coast live oak, California bay, California hazelnut, coyote brush, poison oak, and California blackberry grow around the pond fringe. Upper Pond covers approximately 0.15 acre and is composed of a dense cover of herbaceous wetland vegetation dominated by native species, such as bulrush, water cress, and soft rush. Several willows form an emergent tree canopy above the dense herbaceous wetland vegetation. A berm surrounding the pond is densely covered with non-native species such as poison hemlock, along with native species such as coyote brush, poison oak, stinging nettle, and California blackberry. Ascent Environmental Environmental Checklist Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 3-21 DISCUSSION a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service? Less-Than-Significant with Mitigation Incorporated. Twelve special-status wildlife species have potential to occur on the property (Appendix C): California red-legged frog (Rana draytonii), western pond turtle (Emys marmorata), San Francisco garter snake (Thamnophis sirtalis tetrataenia), golden eagle (Aquila chrysaetos), white-tailed kite (Elanus leucurus), long-eared owl (Asio otus), Vaux's swift (Chaetura vauxi), olive-sided flycatcher (Contopus cooperi), grasshopper sparrow (Ammodramus savannarum), pallid bat (Antrozous pallidus), San Francisco dusky-footed woodrat (Neotoma fuscipes annectens), and American badger (Taxidea taxus). District botanists and CNPS have conducted non-protocol surveys of the project site. No special-status plants have been observed during previous field surveys of portions of the ranch (Bankosh pers. comm. 2013), but the entire project site has not be surveyed during the appropriate blooming periods and suitable habitat is present. Special-Status Amphibians and Reptiles San Francisco garter snake, California red-legged frog, and western pond turtle are known to occur within the project site. San Francisco garter snake is “Fully Protected” under the Fish and Wildlife Code and is also protected by the California and federal Endangered Species Acts. San Francisco garter snake use ponds that support California red-legged frog, which is a prey species for the snake. Critical habitat has not been designated for San Francisco garter snake. San Francisco garter snake is found only on the San Francisco peninsula in San Mateo County and the northern portion of Santa Cruz County. Mindego Ranch is situated near the center of historic its range, but the species was not known to be extant at the project site until 1986 when they were first identified at Mindego Lake and Knuedler Lake (Biosearch Associates 2012, included as Appendix A of this IS/MND) In May 2010, an adult San Francisco garter snake was seen basking at Upper Pond, and many subsequent observations were made during development of a SFGS Habitat Management Plan for the property (Biosearch Associates 2012). California red-legged frog is federally listed as threatened and considered a species of special concern by California Department of Fish and Wildlife (CDFW). For successful reproduction, this species requires deep pools in slow-moving streams or ponds with riparian and/or emergent marsh vegetation. The entire project site is federally designated critical habitat for California red-legged frog (Unit SNM-2). Western pond turtles, which are considered a species of special concern by CDFW, require still or slow-moving water with instream emergent woody debris, rocks, or other similar features for basking sites. Pond turtle nests are typically located on unshaded upland slopes in dry substrates with clay or silt soils. Implementation of the Use and Management Plan is intended to improve habitat conditions for San Francisco garter snake, California red-legged frog, and western pond turtle by removing predatory fish and reducing the population of bullfrog, both of which compete and prey upon native frogs and snakes. Mindego Ranch provides a conservation opportunity as identified in the U.S. Fish and Wildlife Service (USFWS) Recovery Plans for San Francisco garter snake and California red-legged frog. The primary goal of the San Francisco Garter Snake Recovery Plan is the protection of 10 significant populations (>200 individuals). Only six populations were known at the time the Recovery Plan was prepared (i.e., West-of-Bayshore, Crystal Springs & San Andreas Reservoirs, Laguna Salada/Mori Point, Pescadero Marsh, and Año Nuevo State Reserve). Creation or protection of significant populations at four additional sites was considered necessary to the recovery of the subspecies. The transfer of Mindego Ranch from private ownership to the District provided an opportunity to Environmental Checklist Ascent Environmental Midpeninsula Regional Open Space District 3-22 Mindego Ranch Use and Management Plan IS/MND protect and enhance ~1,000 acres with at least two ponds that support populations of the San Francisco garter snake. The proposed project site also represents the only population from the crest of the Santa Cruz Mountains that is currently afforded protection. (Biosearch Associates 2012) Enhancement of essential habitats at Mindego Ranch for the San Francisco garter snake will contribute to the regional recovery of the species and can promote genetic exchange with nearby populations on the crest of the Santa Cruz Mountains. Viable San Francisco garter snake populations at Mindego Ranch will also increase the potential for dispersing San Francisco garter snake to colonize new locations both east and west of the crest of the Santa Cruz Mountains. The habitat enhancement actions were designed to benefit the SFGS and would be implemented under an endangered species recovery or enhancement permit issued by the USFWS. Habitat improvements at Mindego Lake are expected to contribute to the recovery of California red-legged frog by removing predatory species that severely reduce successful California red-legged frog breeding at the site. It is likely that California red-legged frog continue to deposit eggs into Mindego Lake, resulting in the potential for a population sink. The removal of predatory fish from Mindego Lake is expected to directly benefit the local California red-legged frog population by allowing for increased survivorship of eggs and metamorphs. Habitat improvements at Big Spring and Upper Pond are expected to result in conditions suitable for California red- legged frog breeding, whereas current conditions are not suitable Furthermore, core habitat areas for these species would be designated as Conservation Management Units (CMUs), which would be managed for resource protection rather than public recreation (See Appendix A); no public access would be permitted within the CMUs. “Closed Area” signage would be installed at key locations. Re-introducing grazing on the property would help maintain appropriate grassland habitat for SFGS, and strategic locations of proposed water infrastructure and fencing would help protect SFGS breeding habitat. While the habitat enhancement activities are anticipated to benefit these species in the long term, the potential exists for short term impacts to occur during the draining of aquatic habitat and removal of excess sediment and vegetation. Individual San Francisco garter snake, California red-legged frog, and western pond turtle may accidentally be injured by construction equipment, smothered during sediment removal, or stranded during dewatering. This impact is considered significant. Mitigation Measure 3.4-1 The District shall implement the following measures to avoid and minimize impacts to San Francisco garter snake, California red-legged frog, and western pond turtle. This measure incorporates Mitigation Measures BIO 1b, 1j, and 1l of the Coastal Protection Program EIR. (The measures below provide specificity to protections for San Francisco garter snake, California red-legged frog and western pond turtle for habitat enhancement actions.) 〉 Because San Francisco garter snake is Fully Protected, no take can be authorized under the Fish and Wildlife Code. Take is defined in Section 86 of the Fish and Wildlife Code as "hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill." Habitat enhancement activities must ensure that no snakes are taken during implementation. 〉 Because San Francisco garter snake and California red-legged frog are federally protected and habitat enhancement activities may affect them, USFWS shall be consulted as required by the Endangered Species Act. Because potential impacts to aquatic habitat may also require a Section 404 permit from the U.S. Army Corps of Engineers (USACE) (see Discussion under “C” below and Mitigation Measure BIO 4), consultation with USFWS would occur during the recovery permit process (under Section 10 of the ESA). Ascent Environmental Environmental Checklist Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 3-23 〉 The District shall implement all conservation measures included in the Biological Opinion issued by USFWS as a result of the consultation to minimize potential impacts to San Francisco garter snake and California red-legged frog. 〉 Conservation measures shall include: o Speed Limits. Use of vehicles on Mindego Ranch should be strictly controlled by the District to avoid potential take of San Francisco garter snake and California red-legged frog. Other than emergencies, access should be limited to necessary patrols and authorized persons that follow a 5-mph speed limit within 2,000 feet of Mindego Lake, Knuedler Lake, Upper Pond or Big Spring. o Worker Education Seminar. Prior to conducting any action that may negatively affect listed species, all staff, contractors and persons associated with the project must attended a worker-education seminar delivered by a qualified District biologist or other qualified biologist. The seminar will include written information regarding identification, natural history, legal status, onsite observations, and related information. Names and phone numbers of the biological monitors and CDFW and USFWS contacts should be included in the written information. The District should maintain a signature sheet to document compliance, which will be made available upon request. o Pre-activity Surveys. Prior to ground disturbing actions, pre-activity surveys shall be conducted by a qualified biologist to search for San Francisco garter snake during periods when they are active, and to minimize affecting potential San Francisco garter snake cover-sites and hibernacula during all times of the year. o Biological Construction Monitoring. A qualified biologist shall conduct a pre-activity survey for San Francisco garter snake and California red-legged frog and western pond turtle prior to implementing actions that include ground disturbance or other activities that could otherwise harm either species. The biological monitor shall oversee compliance with this plan and all associated permits and should be the point of contact for regulatory agencies, if needed. If protected species are observed within the study area by anyone involved in the project, work shall cease and the animal will be allowed to move out of the area under its own motivation, and under the direct observation of the biological monitor (if feasible). If a western pond turtle nest is discovered, CDFW will be contacted for guidance to protect such a unique resource. Relocation of any protected species to the nearest appropriate habitat will not be conducted, unless specifically authorized by the regulatory agencies. Special-Status Mammals If present within onsite structures, roosting habitat for pallid bats, which may roost in buildings or other structures that provide suitable thermal protection, may be affected during demolition of the ranch houses and barn on the project site. San Francisco dusky-footed woodrat and American badger have been detected in the project vicinity (Biosearch Associates and Coast Range Biological 2011). They both are considered species of special concern by CDFW. Construction of road repairs and erosion control, as well as installation of water infrastructure to support conservation grazing could result in disturbance to woodrat houses or badger dens if they are present in the work areas. This is considered a significant effect. Mitigation Measure 3.4-2 Prior to demolition of structures, surveys for roosting bats within the structures will be conducted by a qualified biologist. Surveys will consist of a daytime pedestrian survey looking for evidence of bat use (e.g., guano) and/or an evening emergence survey to note the presence or absence of bats. The type of survey will depend Environmental Checklist Ascent Environmental Midpeninsula Regional Open Space District 3-24 Mindego Ranch Use and Management Plan IS/MND on the condition of the buildings. If no bat roosts are found, then no further study is required. If evidence of bat use is observed, the number and species of bats using the roost will be determined. Bat detectors may be used to supplement survey efforts, but are not required. If roosts of pallid bats are determined to be present and must be removed, the bats will be excluded from the roosting site before the structure is removed. A program addressing compensation, exclusion methods, and roost removal procedures will be developed in consultation with DFG before implementation. Exclusion methods may include use of one-way doors at roost entrances (bats may leave but not reenter), or sealing roost entrances when the site can be confirmed to contain no bats. Exclusion efforts may be restricted during periods of sensitive activity (e.g., during hibernation or while females in maternity colonies are nursing young). The loss of each roost (if any) will be replaced in consultation with DFG and may include construction and installation of bat boxes suitable to the bat species and colony size excluded from the original roosting site. Roost replacement will be implemented before bats are excluded from the original roost sites. MROSD has successfully constructed bat boxes elsewhere that have subsequently been occupied by bats. Once the replacement roosts are constructed and it is confirmed that bats are not present in the original roost site, the structures may be removed or sealed. The District shall implement the following measures to avoid and minimize impacts to San Francisco dusky- footed woodrat and American badger. This measure incorporates Mitigation Measures BIO-1a, BIO-1b, BIO-1c, BIO-1d, BIO-1f, and BIO-1j of the Coastal Protection Program EIR. (The measures below provide specificity to protections for San Francisco dusky-footed woodrat and American badger.) 〉 Within 30 days prior to project construction, a qualified biologist shall inspect the work area and adjacent areas within 50 feet for woodrat houses and badger dens. If none are found, then no additional measures are necessary. 〉 If a woodrat house is identified within 50 feet of the work area, an exclusion zone shall be erected around the existing woodrat houses using flagging or a temporary fence that does not inhibit the natural movements of wildlife (such as steel T-posts and a single strand of yellow rope or similar materials). The work area shall be relocated as necessary to avoid impacting woodrat houses, even if avoidance is by only a few feet. If woodrat houses cannot be avoided by the trail, CDFW shall be contacted for approval to relocate individuals by live-trapping and building a nearby artificial house as a release site. Approval to relocate shall be acquired from CDFW. 〉 If an occupied badger burrow is identified within 50 feet of the work area, the trail shall be relocated as necessary to avoid impacting the animal or its den. If an active natal den is discovered, work shall cease and a qualified biologist or District staff shall monitor the site until the young have dispersed. Nesting Birds The other special-status wildlife that could occur on the project site are not expected to be affected by any of the proposed activities. Special-status birds (golden eagle, white-tailed kite, long-eared owl, Vaux’s swift, olive- sided flycatcher, and grasshopper sparrow) would not be adversely affected by habitat enhancement, conservation grazing, limited public access, or maintenance and operation activities as project activities would not involve removal of terrestrial vegetation and are not expected to occur within their nesting habitat. No mitigation is required. Special Status Plants Actions planned under the U & M Plan, such as roadway erosion and damage repair, construction of conservation grazing infrastructure (e.g., water tanks, troughs, and water line), could result in smothering, compaction of soils, or crushing of root systems of special-status plants. This could affect the survival of Franciscan onion (Allium peninsulare var. franciscanum), Santa Cruz manzanita (Arctostaphylos andersonii), Kings Mountain manzanita (Arctostaphylos regismontana), Santa Clara red ribbons (Clarkia concinna ssp. automixa), western leatherwood (Dirca occidentalis), arcuate bush mallow ( Malacothamnus arcuatus), robust Ascent Environmental Environmental Checklist Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 3-25 monardella (Monardella villosa ssp. globosa), and Dudley’s lousewort (Pedicularis dudleyi); therefore, the impact is considered potentially significant. The following mitigation measure is necessary to reduce potential impacts to special status plants. Mitigation Measure 3.4-3 The District shall implement the following measures to avoid and minimize impacts to special-status plants. This measure incorporates Mitigation Measures BIO-1a, BIO-1b, BIO-1d, and BIO-1j of the Coastal Protection Program EIR. (The measures below provide specificity to protections for special-status plants.) 〉 The District shall utilize qualified District staff or a contractor to conduct protocol-level preconstruction special-status plant surveys for all potentially occurring species within the project footprint that has not previously been surveyed. Prior to ground-disturbance or vegetation management in potentially suitable habitat, surveys shall be conducted during the appropriate blooming period when they are most readily identifiable in accordance with Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities (DFG 2009). If no special-status plants are found during focused surveys, the findings shall be documented in a letter report, and no further mitigation shall be required. 〉 If special-status plant populations are present in the project footprint, the District shall determine if the population can be avoided by adjusting the project design. 〉 If the impact to special-status plants cannot be avoided, the District shall consult with CDFW and USFWS, as appropriate depending on species status, to determine the appropriate measures to ensure no net loss of occupied habitat or individuals. These measures may include preserving and enhancing existing populations, creation of off-site populations on project mitigation sites through seed collection or transplantation, and/or restoring or creating suitable habitat in sufficient quantities to achieve the no-net-loss standard. Level of Impact after Implementation of Mitigation Measures Implementation of Mitigation Measures 3.4-1 through 3.4-3 would reduce impacts to special status wildlife and plants by implementing conservation measures that would avoid take of the San Francisco garter snake, and minimize effects on California red-legged frog and western pond turtle. San Francisco woodrat houses and occupied badger dens would be avoided. Surveys would be conducted for special-status plants and avoidance and/or compensatory measures would be implemented to minimize potential take of these species or adversely affect their habitat. This impact would be reduced to a less-than-significant level. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service? Less-Than-Significant with Mitigation Incorporated. Sensitive natural communities are of limited distribution statewide or within a county or region that provide important habitat value to native species. Most types of wetlands and riparian communities are considered sensitive natural communities due to their limited distribution in California. In addition, sensitive natural communities include habitats that are subject to USACE jurisdiction under Section 404 of the Clean Water Act (CWA), Section 1602 of the California Fish and Game Code, and the state’s Porter-Cologne Water Quality Control Act, which protects waters of the state. Sensitive natural communities are of special concern because they have high potential to support special-status plant and animal species. Sensitive natural communities can also provide other important ecological functions, such as enhancing flood and erosion control and maintaining water quality. Environmental Checklist Ascent Environmental Midpeninsula Regional Open Space District 3-26 Mindego Ranch Use and Management Plan IS/MND The project site includes freshwater marsh habitat associated with the ponds and aquatic areas, including Kneudler Lake, Big Spring and Upper Pond. Freshwater marsh is considered a sensitive natural community, but it is also regulated under Section 404 of the CWA; therefore impacts to freshwater marsh and other aquatic habitats are discussed under (c) below. No other sensitive natural communities occur on the project site. c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Less-Than-Significant with Mitigation Incorporated. The streams, creeks, ponds, and wetlands found in the project site may be considered waters of the United States and subject to USACE jurisdiction under Section 404 of the CWA and Section 401 certification from Regional Water Quality Control Board (RWQCB). Areas supporting riparian or wetland vegetation may also be regulated by CDFW under Section 1600-1616 of the California Fish and Game Code, which provides for the protection of fish, wildlife, and native plant resources. The project includes actions to enhance habitat for San Francisco garter snake and California red-legged frog, including temporarily draining Mindego Lake to eradicate fish and control bullfrogs, and removing sediment and vegetation to increase open water habitat at Upper Pond, Big Spring, and Knuedler Lake. Installation of fencing to limit access of cattle to aquatic habitat would improve water quality and promote wetland vegetation growth in specific locations. Maintenance and operational activities to control erosion include installing reverse-grade dips and ditch relief culverts, rocking low-lying segments, replacing a failing culvert along the Mindego Hill Trail, as well as re-grading, widening, and installing reverse-grade dips on ranch access roads. Construction activities could result in fill or discharge to jurisdictional wetlands. Installation of water lines to water tanks and troughs as part of the grazing infrastructure could affect seasonal wetlands or drainages if the water lines cross aquatic habitats. Loss of riparian and wetland habitat is a potentially significant impact. Mitigation Measure 3.4-4 The District shall implement the following measures to avoid and minimize impacts to wetlands and other waters of the United States. This measure incorporates Mitigation Measure BIO-1j of the Coastal Protection Program EIR. (The measures below provide specificity to protections for wetlands and waters of the United States.) 〉 Where wetlands or other waters of the United States could be affected by draining ponds, dredging sediment and vegetation, installation of grazing infrastructure, erosion and damage repair along roadways, or other activities, a preliminary wetland delineation shall be submitted to USACE for verification. The wetlands may also be subject to CDFW regulation under Section 1602 of the Fish and Game Code. No grading, fill, or other ground disturbing activities shall occur until all required permits, regulatory approvals, and permit conditions for effects on wetland habitats are secured. 〉 If the wetlands are determined to be subject to USACE jurisdiction, projects such as restoration activities or trail or road crossings may qualify for a Nationwide Permit if certain criteria are met. For those wetlands that cannot be avoided, the District shall commit to replace, restore, or enhance on a “no net loss” basis (in accordance with USACE, RWQCB, and CDFW) the acreage of all wetlands and other waters of the United States that would be removed, lost, and/or degraded with project implementation. Wetland habitat shall be restored, enhanced, and/or replaced at an acreage and location and by methods agreeable to USACE, RWQCB, and CDFW, as appropriate, depending on agency jurisdiction, and as determined during the permitting processes. Ascent Environmental Environmental Checklist Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 3-27 Level of Impact after Implementation of Mitigation Measures Implementation of mitigation measure 3.4-4 would reduce impacts related to wetlands and other waters of the United States to less-than-significant levels by requiring appropriate consultation with CDFW and/or USACE and following the appropriate permit procedures, including replacement, restoration, and/or enhancement of affected wetlands or other waters of the United States on a no net loss basis. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Less-Than-Significant. Wildlife corridors are features that provide connections between two or more areas of habitat that would otherwise be isolated and unusable. Often drainages, creeks, or riparian areas are used by wildlife as movement corridors as these features can provide cover and access across a landscape. The project site and surrounding areas provide corridors for movement of large wildlife such as deer, mountain lions and raptors. The proposed project includes habitat enhancement, conservation grazing, limited public access, and maintenance and operation activities. Also, no new lighting is proposed that could inhibit the nocturnal movement of species. The installation of new fencing would follow the District’s wildlife-friendly fencing design that allows for safe and unimpeded wildlife movement of small and large native species. No activities would significantly fragment interior habitat, alter watercourses, or impede the movement of fish throughout the project site. This impact is less than significant. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Less-Than-Significant. The San Mateo County General Plan and Local Coastal Program prohibit development that has significant adverse impacts on sensitive habitat areas. The U & M Plan and mitigation measures included in this document would minimize potential adverse effects on sensitive habitats to less-than-significant levels. The San Mateo County Ordinance Code also governs the removal and trimming of heritage and significant trees. No tree removal is expected to occur as a result of this project. However, should such a need arise, the District would follow San Mateo County requirements and remain in compliance with local ordinances. Therefore, this impact is considered less than significant. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No Impact. The project area is not subject to an adopted or proposed Habitat Conservation Plan, Natural Community Conservation Plan or other habitat conservation plan. Therefore, no impact would occur. Environmental Checklist Ascent Environmental Midpeninsula Regional Open Space District 3-28 Mindego Ranch Use and Management Plan IS/MND 3.5 CULTURAL RESOURCES ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact V. Cultural Resources. Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? 3.5.1 ENVIRONMENTAL SETTING The primary sources referenced for this section are the Positive Archaeological Survey Report (PASR) and a Finding of No Adverse Effect to Archeological Resources: Mindego Ranch Pond Rehabilitation Project, San Mateo County, California, prepared by Mark Hylkema MA, RPA (See Appendix F) and the Historical Resource Analysis for the Midpeninsula Regional Open Space District Proposed Mindego Ranch Use and Management Plan prepared by Alta Cunningham, MA (See Appendix G). A confidential records search for the project site was conducted in November 2012 at the Northwest Information Center (NWIC) in Rohnert Park, California by Mark Hylkema MA, RPA. Mindego Ranch is located within the uplands of the Santa Cruz Mountains, northwest of the San Mateo County line, and is annexed to the western portion of the Russian Ridge Open Space Preserve. The upper slopes of Mindego Hill consist of grassland vegetation with occasional stands of mixed hardwood and coniferous forest dispersed throughout the hills and drainages. Lower story shrubs have encroached on what once were pasture lands for cattle and many invasive non-native plants have spread over the formerly open landscape. A brief overview of the cultural setting indicates that very little archaeological surveying has been done in the project region, and only one subsurface excavation has been reported in the Santa Cruz Mountain uplands of Skyline and Russian Ridges. Nonetheless, the known distribution of prehistoric archaeological sites along with ethnohistoric records indicates that the uplands of the project region were important to ancient and more recent Native American societies. Two ranch houses and one barn, are located on the project site. The Old True Residence is a one- and one-half- story front-gabled home with attached garage and board-and-batten cladding. The residence was built in 1954 and is in poor condition. The barn, built in the 1890’s, is a side-gabled saltbox with a corrugated roof and is in poor condition, with the roof collapsing and boards missing from the walls. The second residence, the True Ranch, was built in the late 1970s or early 1980s and is in poor structural condition. This two-story house has an L-shape floor plan and board-and-batten cladding. Ascent Environmental Environmental Checklist Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 3-29 3.5.2 DISCUSSION a) Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? Less-Than-Significant. Two structures located on the project site, the Old True residence, and the barn, are of historic age. The structures have not been previously identified as appearing eligible for listing or designation in the National Register of Historic Places (NRHP), California Register of Historical Resources (CRHR), or San Mateo County Listing of Historical and Archaeological Resources. Eligibility for listing on the NRHP and CRHR rests on twin factors of significance and integrity. A property must have both significance and integrity to be considered eligible. Loss of integrity, if sufficiently great, will overwhelm historical significance a property may possess and render it ineligible. Likewise, a property can have complete integrity, but if it lacks significance, it must also be considered ineligible. The structures on the project site do not appear to be significant with respect to the history of ranching in San Mateo County, nor did any persons associated with these structures make significant contributions to history at the local, state, or national level. The architectural style of the Old True residence, associated barn, is not an important example of a master builder or designer. In addition, these structures are dilapidated. (See Historic Resources Analysis, Appendix G.) Therefore, the Mindego Ranch structures do not appear to be eligible for listing in the NRHP or CRHR and are not considered to be historically significant for the purposes of CEQA. The proposed demolition of these structures would be considered a less-than-significant impact. b, c) Cause a substantial adverse change in the significance of an archaeological or paleontological resource pursuant to Section 15064.5? Less-Than-Significant with Mitigation Incorporated. The records search conducted for the proposed project revealed three previously recorded prehistoric archaeological sites within two miles of the project location. Only one site, SMA-85, was found to be located within the project site. Recent investigations at SMA-85 (Hylkema and Cearley nd.) have found that while the variety and sources of the lithic debitage scattered throughout the site boundaries are significant and may allow for a determination of eligibility to the National Register under Criterion D, the site lacks subsurface stratigraphic integrity; and the surface lithic scatter has been altered by historic ranching activities (See the PASR included as Appendix F). It is unlikely that operation of the proposed project would result in the discovery of archaeological or paleontological resources, as the goal is to protect and enhance habitat for sensitive wildlife species, while responsibly integrating land management activities and limited public access at Mindego Ranch. However, the potential exists to encounter previously undiscovered or unrecorded archaeological and paleontological sites and materials during construction, maintenance, and operations projects including road erosion treatment projects and removal of existing structures. If such resources were to represent “historical resources” or “unique archaeological resources” as defined by CEQA, any substantial change to or destruction of these resources would be a potentially significant impact. Environmental Checklist Ascent Environmental Midpeninsula Regional Open Space District 3-30 Mindego Ranch Use and Management Plan IS/MND Mitigation Measure 3.5-1 The District shall implement Mitigation Measure CUL-2 from the Coastal Protection Program EIR: Protocol for Unexpected Discovery of Archaeological and Paleontological Cultural Materials. In the event that any cultural resources are exposed during construction, work at the location of the find will halt immediately within 10 meters (30 feet) of the find. If an archaeologist is not present at the time of the discovery, the District will contact an archaeologist for identification and evaluation in accordance with CEQA criteria. A reasonable effort will be made by the District and archaeologist to avoid or minimize harm to the discovery until significance is determined and an appropriate treatment can be identified and implemented. Methods to protect finds include fencing, covering remains with protective material and culturally sterile soil or plywood. If vandalism is a threat, 24-hour security shall be provided. During this evaluation period, construction operations outside of the find location can continue preferably with an archaeologist monitoring any subsurface excavations. If the resource cannot be avoided, the archaeologist will develop an appropriate Action Plan for treatment within 48 hours to minimize or mitigate the adverse effects. The District will not proceed with construction activities that could affect the discovery until the Action Plan has been reviewed and approved. The treatment effort required to mitigate the inadvertent exposure of significant cultural resources will be guided by a research design appropriate to the discovery and potential research data inherent in the resource in association with suitable archaeological field techniques and analytical strategies. The recovery effort will be detailed in a professional report in accordance with current archaeological standards. Any non-grave associated artifacts will be curated with an appropriate repository. Significance after Mitigation Implementation of this Mitigation Measure would require the performance of professionally accepted and legally compliant procedures for the discovery of archaeological and paleontological resources and would, therefore, reduce this impact to a less-than-significant level. d) Disturb any human remains, including those interred outside of formal cemeteries? Less-Than-Significant with Mitigation Incorporated. Based on documentary research, no evidence suggests that any prehistoric or historic-era marked or un-marked human interments are present within or in the immediate vicinity of the project site. However, there is a possibility that unmarked, previously unknown Native American or other graves could be present and could be uncovered during maintenance and operations projects, including road erosion treatment projects and removal of existing structures. California law recognizes the need to protect historic-era and Native American human burials, skeletal remains, and grave-associated items from vandalism and inadvertent destruction and any substantial change to or destruction of these resources would be a potentially significant impact. Mitigation Measure 3.5-2 The District shall implement Mitigation Measure CUL-3 from the Coastal Protection Program EIR: Native American Burial Plan (NABP) 1) In the event of an inadvertent discovery of human remains and cultural items during project construction, the field crew supervisor shall take immediate steps, if necessary, to secure and protect any remains and cultural materials. This shall include but is not limited to such measures as (a) temporary avoidance by construction until the remains and items can be removed; (b) posting a security person; (c) placement of a Ascent Environmental Environmental Checklist Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 3-31 security fence around the area of concern; or, (d) some combination of these measures. Any such measures employed will depend upon the nature and particular circumstances of the discovery. 2) The County Medical Examiner (Coroner) shall be notified by the field crew supervisor or other designated District manager and informed of the find and of any efforts made to identify the remains as Native American. If the remains are identified as a prehistoric Native American by either a professional archaeologist under contract to the District or the Medical Examiner’s forensic archaeologist, the Medical Examiner is responsible for contacting the Native American Heritage Commission (NAHC) within 24 hours of notification of the find. The Medical Examiner may choose to document and remove the remains at his/her discretion depending on the circumstances of the discovery. The NAHC then designates and notifies a Most Likely Descendant (MLD). The MLD has 24 hours to consult and provide recommendations for the treatment or disposition, with proper dignity, of the human remains and grave goods [Note: Other culturally affiliated Native Americans [Indians] may be consulted by the MLD during the consultation and recommendation process to determine treatment of the skeletal remains]. 3) Each burial and associated cultural items shall be stored as a unit in a secure facility, which shall be accessible to the MLD and other Native American representative(s) or their designated alternates upon prior arrangement. 4) The remains and associated cultural items shall be reburied in a secure location as near as possible to the area of their discovery or at an off-site location acceptable to the MLD that has minimal potential for future disturbance. The reburial shall be done in a manner that shall discourage or deter future disturbance. Reburial shall be conducted by persons designated by the MLD, with the assistance, if requested, of the District’s field crew. The location shall be fully documented, filed with the NAHC and the California Historical Resources Information System, Northwest Information Center, California State University, Sonoma and treated as confidential information. 5) If the NAHC is unable to identify a MLD, or the MLD fails to make a recommendation, or the District or designate rejects the recommendation of the MLD and mediation (as per Section 5097.94 subdivision (k)) fails, reinterment of the human remains and associated cultural items associated shall take place with appropriate dignity on the property in a location not subject to further subsurface disturbance. 6) For security reasons, no news releases, including but not limited to photographs, videotapes, written articles, or other such means that contains information about human remains or burial-related items of Native American origin shall be released by any party during the discovery, recovery and reburial unless approved by the MLD. 7) Any disputes that arise among the MLD and representatives of affected Native American groups and/or between the District or designate and the MLD concerning cultural affiliation or the ultimate disposition of Native American human remains and associated funerary objects and unassociated funerary objects shall be resolved according to the dispute resolution procedures in Section 5097.94 of the State of California Public Resources Code. 8) The Archaeological Data Recovery/Native American Burial Treatment Report(s) shall be prepared by professional archaeologists. The report shall include, but not be limited to, the following: project overview; ethnographic section; previous archaeological research in the region and on-site; circumstances of discovery; recovery procedures and techniques; artifact analysis; faunal analysis; osteological analysis and interpretation; and, conclusions. The MLD and other interested Native American representative(s) shall be provided an opportunity to review the report and submit comments within the same time period as accorded any other reviewers. 9) Objects not associated with the human remains and recovered from private land shall be transferred to the District. If curation of any objects is required, curation will be at repository approved by the District. Repositories can include the History Museums of San Jose collections, the Tiburon Archaeological Research Group, San Francisco State University and the Collections Facility, Department of Anthropology, Sonoma State University, Rohnert Park. Environmental Checklist Ascent Environmental Midpeninsula Regional Open Space District 3-32 Mindego Ranch Use and Management Plan IS/MND 3.6 GEOLOGY AND SOILS ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact VI. Geology and Soils. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (Refer to California Geological Survey Special Publication 42.) ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soil, as defined in Table 18-1- B of the Uniform Building Code (1994, as updated), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? 3.6.1 ENVIRONMENTAL SETTING The project site is located in the RROSP within the headwaters of the Mindego Creek and Alpine Creek watersheds. The preserve is characterized by moderate to steep mountainous terrain dissected by narrow and steep-gradient ephemeral to perennial streams. Slopes range from 10% near the ridge tops to 75+% locally along the slopes near valley bottoms of the larger tributaries. The hillslopes are slightly convex, rounded toward the ridge tops with local steep streamside slopes found at the base of the hillsides. The ground is locally benchy, consistent with deep-seated landsliding. Elevations range from 900 feet along the valley bottom of Alpine Creek to 2,143 feet at the top of Mindego Hill. Ridgetops tend to be open grassland with lower slopes forested (Best 2012). Ascent Environmental Environmental Checklist Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 3-33 Mindego Hill is a prominent feature at the end of a south- and west-trending ridge that separates Mindego Creek to the north from Alpine Creek to the south. A one-mile long existing paved and gravel patrol road (Mindego Hill Road) extends along the ridgetop from Alpine Road, accessing several old homes and ranch buildings (Best 2012). The project area is situated on the western flank of the Coast Range Physiographic Province of Northwest California, a series of coastal mountain chains paralleling the pronounced northwest-southeast structural grain of northwest California. The area is geologically active, dominated by the northwest-southeast trending San Andreas Fault Zone (SAFZ), located about 5 miles to the northeast (Best 2012). Geology of the area is dominated by a sequence of tightly folded and faulted Tertiary-age volcanic and clastic marine sediment and rocks. The majority of the project site is mapped as underlain by Mindego Basalt and related volcanic rocks (Tmb) with smaller amounts of Lambert Shale (Tla), Monterey Mudstone (Tm), and sandstone of the Tahana Member of the Purisma Formation (Tpt). Mindego Basalt is described as extrusive flow breccia and intrusive medium to coarse crystalline rock (Best 2012). Overlying bedrock is a thin mantle of colluvium and soil of varying thicknesses. Near surface soils are primarily a sandy clayey silt (SC-SM) to gravelly clayey sand (GC). The soils are generally well-drained, but can be seasonally wet and inherently prone to erosion especially where water is concentrated. Roads crossing these soils, especially in the open grasslands, tend to rut easily with winter use, and large gullies form where road runoff is concentrated and discharged off the road. A brief inspection of nearby ranch areas showed that many year-round roads routed through the open grassland areas are rocked to prevent them from rutting in the soft soils (Best 2012). The geomorphology of the area is consistent with both shallow and deep-seated landsliding. Several large-scale deep-seated landslide complexes ranging from a few acres to over 60 acres are found in the project site with many of the roads crossing these slides. These slides are characterized by a somewhat cohesive slide mass with a relatively deep failure plane extending 30 feet or more into bedrock. These slides are characterized by bench and irregular topography; rate of movement is generally slow and episodic with most slides vegetated. Due to the proximity of the San Andreas and San Gregorio fault zones to the plan area, high ground accelerations experienced during earthquakes are a contributing factor in the reactivation of many of the deep-seated landslides within the area. Future movement on these slides may be possible during large earthquakes or storms and could result in damage to existing roads and trails (Best 2012). Many shallow landslides have occurred in recent years from high-intensity and long-duration rainstorms (e.g., 1982 and 1996 storms). These rainfall-activated landslides are typically shallow debris slides and debris flows restricted to near surface soils and weathered bedrock. Such slides most commonly occur on steep slopes (greater than 65%) along streams or in shallow and steep ravines and swales. Some shallow landslides are road-related, caused by the placement of fill on already steep slopes, and/or by concentration of road runoff. 3.6.2 DISCUSSION a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (Refer to California Geological Survey Special Publication 42.) Environmental Checklist Ascent Environmental Midpeninsula Regional Open Space District 3-34 Mindego Ranch Use and Management Plan IS/MND Less-Than-Significant. The proposed U&M Plan would permanently preserve the area as open space. The proposed project includes demolition of onsite structures. No additional structures would be developed as part of the proposed project. Visitors to the project site would be primarily outside and would not typically be directly exposed to risk from rupture of an earthquake fault. In fact, the project site would be considered a relatively safe place to be during an earthquake event. This impact is considered less than significant. Note that visitors may be subject to indirect events induced by fault rupture, most notably landslides. Risk to visitors from landslides is discussed below under “iii and iv”. ii) Strong seismic ground shaking? Less-Than-Significant. As indicated above under “i”, the proposed project involves removal of the existing onsite structures. No structures would be developed on the project site. Visitors would be relatively unexposed to hazards associated with seismic ground shaking. The impact is considered less than significant. iii) Seismic-related ground failure, including liquefaction? Less-Than-Significant. Liquefaction and other seismic-related ground failure primarily affect structures. Because the proposed project would remove the existing structures from the project site and would not result in construction of any new structures, impacts would be less than significant. iv) Landslides? Less-Than-Significant. As described above under “Environmental Setting,” landslides have occurred in the past on the project site. Future landslides on the site may occur regardless of land use activities. However, providing public access to the project site, including providing access to trails in areas prone to landslides, could increase the exposure of the public to risks associated with landslides. The EIR for the Coastal Protection Program analyzed the impacts of increased public exposure to dangers from geologic hazards and found that with careful site planning, hazard areas can be avoided and the risk to public safety can be mitigated to a less-than-significant level. Mitigation Measures GEO-1a and GEO-1b from the Coastal Protection Program EIR require surveys to identify unstable slopes in landslide areas, as well as monitoring and regular maintenance of trails. In 2012, a Road and Trails Inventory was prepared by Timothy Best in 2012 for the project site. The report, which is included as part of the proposed U&M Plan, identifies specific trail and roadway segments that require improvements associated with drainage, erosion, slope failure, and blockage at stream crossings. The report recommends treatments for improving these trails and roadways, including cleaning existing drainages; installing new/replacement culverts, slough walls, dips, berm breaks, energy dissipaters; reshaping and rocking the road; and re-grading roads (Best 2012). In addition, District Resource Management Policies (GS-1, GS-2) require avoidance of high-risk areas subject to landslides, liquefaction, faulting, flooding and erosion, as well as monitoring of soil erosion and slope failure and avoiding construction in problem areas. Implementation of the recommended treatments in the Road and Trails Inventory is consistent with Mitigation Measures GEO-1a and GEO-1b from the Coastal Protection Program EIR, and is also consistent with District Resource Management Policies. Because the District will resolve the priority issues, and will continue to monitor these facilities as required by policy, this impact is less-than-significant. Ascent Environmental Environmental Checklist Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 3-35 b) Result in substantial soil erosion or the loss of topsoil? Less-Than-Significant. The project site is located in the moderately steep to very steep hills of the Santa Cruz Mountains. Erosion hazard ratings for these soils are characterized as moderate to high, based largely on slope and soil type. Road grading and repair and the reintroduction of grazing into portions of the site both have the potential to increase soil erosion and instability in the steep portions of project site. The existing roads were studied in the Road and Trail Inventory (Best 2012) for their potential contribution to soil erosion. The report includes recommended road improvements to minimize the erosion potential of existing roads and trails. (See discussion under “a-iv” above.) Grazing operations on District lands are guided by Resource Management Policies, which aim to ensure that grazing is compatible with and supports wildlife and habitat. Specific Grazing Management policies include requirements to prepare site-specific grazing management plans that include BMPs, managing access to water features and supplying supplemental water supply as needed to protect water quality, and monitoring water quality in ponds, wetlands, and water features (to name a few). The proposed U&M Plan includes reintroduction of grazing on the site. Recommendations for the appropriate reintroduction of grazing in the project site were provided in the Mindego Hill Ranch Grazing Management Plan (Sage 2012). These recommendations include specifications and conservation management practice standards from the Natural Resources Conservation Service (NRCS), the University of California Cooperative Extension (UCCE), and California Construction Handbook, including: prescribed grazing; water well, water pipelines, water troughs or tanks for livestock and wildlife water; spring development; road stock pond, and gully maintenance items such as rock rip rap, earth dike water bar diversions, slope drains, outlet and inlet protection for culverts, and straw bale barrier placement. Specific rangeland conservation management practices include the following:  adherence to carrying capacity limitations to prevent overgrazing;  rotation of grazing based on season;  maintaining specific performance standards for slope vegetation (residual dry matter) length and cover;  placement of salt/mineral supplement away from water sources and away from public-used trails and roads;  restriction of supplemental feeding except under specific circumstances;  installation of watering infrastructure consistent with the specifically recommended size and location (away from natural water sources to benefit wildlife and away from public roads and trails);  repairs to existing fencing and installation of new fencing to limit livestock access to natural water sources and riparian areas;  repairs and maintenance of roadways and roadway infrastructure, including drainage and erosion control features;  monitoring predator activity (coyotes and mountain lions) and continued feral pig management;  controlling specifically identified invasive plants;  monitoring (using photo documentation) and maintaining riparian functionality within the watershed; and  using vegetative filter strips to remove sediment and reduce pollutants from entering riparian and wetland systems. All of the recommendations described above would substantially reduce any excessive erosion caused by road and trail, maintenance and use, as well as re-introduction of cattle onto portions of the ranch. These recommendations are consistent with those local and regional resource and livestock management practices that are encouraged by various local, state and federal agencies including but not limited to the California Regional Water Quality Control Board, California EPA, California Department of Fish and Wildlife, University of California Cooperative Extension, the Agricultural Commissioner's Office for San Mateo County, Natural Environmental Checklist Ascent Environmental Midpeninsula Regional Open Space District 3-36 Mindego Ranch Use and Management Plan IS/MND Resource Conservation Service, Resource Conservation Districts, Bureau of Land Management, and the U.S. Fish and Wildlife Service. The recommendations in the Road and Trail Inventory and the Grazing Management Plan are incorporated into the proposed U&M Plan. In addition, re-grading and maintenance of roads would result in minor soil disturbance. There are currently District-wide requirements in place to protect water quality during maintenance activities. As outlined in the District’s Best Management Practices and Standard Operating Procedures for Routine Maintenance Activities in Water Courses, which has been reviewed and approved by the Regional Water Quality Control Board (RWQCB) and California Department of Fish and Wildlife, the District follows specifications and guidelines designed to protect water quality. Additionally, maintenance work in watercourses will meet standards and be consistent with the current RWQCB Memorandum of Understanding (MOU) for routine maintenance activities on District lands. These standards would be followed, as applicable, based on site conditions and specific project requirements. Because the District would implement the above-described measures to reduce soil erosion, impacts associated with erosion would be less-than-significant with implementation of the proposed project. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? Less-Than-Significant. Generally, impacts associated with unstable soils relate to potential damage to structures. The proposed project would remove existing structures from the site and would not develop any new structures. Therefore, no structures would be affected by unstable soils. Landslide-related hazards associated with proposed public access are addressed under “a-iv” above. Project-related impacts related to unstable soils are less than significant. d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994, as updated), creating substantial risks to life or property? Less-Than-Significant. Similar to the discussion under “c” above, substantial risk to life or property would generally occur to habitable buildings, which could experience compromised structural integrity due to expansive soils. The proposed project involves demolition of all existing onsite structures and does not include construction of any new structures. Therefore, similar to “c” above, the impact is less than significant. e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? No Impact. The proposed project does not include any proposed restrooms and would therefore not require any septic system of other form of waste water disposal. No impact would result. Ascent Environmental Environmental Checklist Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 3-37 3.7 GREENHOUSE GAS EMISSIONS ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact VII. Greenhouse Gas Emissions. Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? 3.7.1 ENVIRONMENTAL SETTING Certain gases in the earth’s atmosphere, classified as greenhouse gases (GHGs), play a critical role in determining the earth’s surface temperature. GHGs are responsible for “trapping” solar radiation in the earth’s atmosphere, a phenomenon known as the greenhouse effect. Prominent GHGs contributing to the greenhouse effect are carbon dioxide (CO2), methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. Human-caused emissions of these GHGs in excess of natural ambient concentrations are responsible for intensifying the greenhouse effect and have led to a trend of unnatural warming of the earth’s climate, known as global climate change or global warming. It is extremely unlikely that global climate change of the past 50 years can be explained without the contribution from human activities (Intergovernmental Panel on Climate Change [IPCC] 2007). By adoption of Assembly Bill (AB) 32, the California Global Warming Solutions Act of 2006, and Senate Bill (SB) 97, the State of California has acknowledged that the effects of GHG emissions cause adverse environmental impacts. Emissions of GHGs have the potential to adversely affect the environment because such emissions contribute, on a cumulative basis, to global climate change. Although the emissions of one single project will not cause global climate change, GHG emissions from multiple projects throughout the world could result in a cumulative impact with respect to global climate change. Legislation and executive orders on the subject of climate change in California have established a statewide context and a process for developing an enforceable statewide cap on GHG emissions. Given the nature of environmental consequences from GHGs and global climate change, CEQA requires that lead agencies consider evaluating the cumulative impacts of GHGs, even relatively small (on a global basis) additions. Small contributions to this cumulative impact (from which significant effects are occurring and are expected to worsen over time) may be potentially considerable and therefore significant. Therefore, the global climate change analysis presented in this section estimates and analyzes the GHG emissions associated with construction- and operations-related activities that would occur under the proposed U&M Plan for Mingedo Ranch. The BAAQMD is the local agency overseeing air quality considerations in San Mateo County. On June 2, 2010 the BAAQMD adopted new CEQA significance thresholds including a threshold for GHGs of 1,100 metric tons MT CO2e/yr for evaluating operation-related emissions (BAAQMD 2010). This threshold was designed to establish the Environmental Checklist Ascent Environmental Midpeninsula Regional Open Space District 3-38 Mindego Ranch Use and Management Plan IS/MND mass emissions level at which a project’s contribution would be considered a significant environmental impact under CEQA. The threshold was developed based on overall projections of development in the region, and how the region would come into compliance with the goals established by AB 32. On March 5, 2012 the Alameda County Superior Court issued a judgment finding that the BAAQMD had failed to comply with CEQA when it adopted these thresholds. The court did not determine whether the thresholds were valid on the merits, but rather found that the adoption of the thresholds was a project under CEQA. The court issued a writ of mandate ordering the BAAQMD to set aside the thresholds and cease their dissemination until the BAAQMD had complied with CEQA. CEQA gives lead agencies discretion whether or not to classify a particular environmental impact as significant. Ultimately, formulation of a standard or “threshold” of significance requires the lead agency to make a policy judgment about where the line should be drawn distinguishing adverse impacts it considers significant from those that are not deemed significant. This judgment must, however, be based on scientific information and other factual data to the extent possible. (State CEQA Guidelines Section 15064[b]). Although the Alameda County Superior Court has ordered the BAAQMD to cease dissemination of the previously adopted threshold of 1,100 MT CO2e/yr, the court has made no finding on the applicability or the merits of the quantitative threshold. BAAQMD states that lead agencies will need to determine appropriate air quality thresholds to use for each project they review based on substantial evidence that they should include in the administrative record for the project. One resource BAAQMD provides as a reference for determining appropriate thresholds is the CEQA Thresholds Options and Justification Report developed by staff in 2009 (BAAQMD 2009). The CEQA Thresholds Options and Justification Report outlines substantial evidence supporting a variety of thresholds of significance. Therefore, because the proposed project would result emissions of GHGs from construction and regular maintenance, and is located within the BAAQMD’s jurisdiction for which these thresholds were determined to be applicable, the County considers the threshold of 1,100 MT CO2e/yr to be an acceptable threshold for CEQA significance with regards to GHG emissions. 3.7.2 DISCUSSION a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Less-Than-Significant. Implementation of the proposed project would not result in a noticeable increase in visitation. Any additional vehicle trips generated during operation of the project would be negligible. Therefore, greenhouse gas emissions associated with increased vehicle trips would be minimal. Proposed construction activities include limited heavy construction equipment associated primarily with the road and drainage repair, demolition, and some of the habitat restoration features, including removal of sediment from lakes. To estimate GHG emissions, GHG modeling was conducted using the BAAQMD-approved California Emissions Estimator Model, Version 2001.1.1 (CalEEMod). A summary of estimated GHG emissions is provided below in Table 3.7-1. Ascent Environmental Environmental Checklist Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 3-39 Table 3.7-1 Summary of Estimated Emissions of Carbon Dioxide Equivalent Associated with Project-Related Activities (MT CO2e/year) Construction-Related Activities (average annual) 132* Operations (mobile- and area sources, energy use) -- Cattle 159** Total 291 BAAQMD Threshold of Significance 1,100 Notes: MT/year = metric tons per year; CO2e = carbon dioxide-equivalent Detailed assumptions and modeling output files are included in Appendix D, including construction and methane emissions from cattle. Any emissions from vehicle trips and power usage would be negligible and therefore were not modeled. Emissions associated with construction activities were estimated using the BAAQMD-approved CalEEMod model. *This is for the first year of construction. The model shows that future construction years have lower GHG emissions. **Emissions from cattle were modeled based on widely accepted emission factors, not CalEEMod. For details see Appendix D. Source: Modeling Conducted by Ascent Environmental 2013. Based on the modeling conducted, project-related activities would result in 291 MT per year (MT/year) of CO2e emissions. These emissions levels would be less than BAAQMD’s threshold of significance of 1,100 MT/year. Thus, project-generated emissions would not result in a cumulatively considerable net increase of GHGs. As a result, this impact would be less than significant. b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Less-Than-Significant. As discussed under item a) above, the total GHG emissions associated with this project would be less than BAAQMD’s threshold of 1,100 MT/year. Because BAAQMD’s threshold is based on the emissions reduction targets established by AB 32 for the year 2020 project-generated GHG emissions would not conflict with any other applicable plans, policies, or regulations established for the purposes of reducing GHG emissions. Therefore, this impact would be less than significant. Environmental Checklist Ascent Environmental Midpeninsula Regional Open Space District 3-40 Mindego Ranch Use and Management Plan IS/MND 3.8 HAZARDS AND HAZARDOUS MATERIALS ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact VIII. Hazards and Hazardous Materials. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and/or accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? 3.8.1 ENVIRONMENTAL SETTING During the purchase of the property, POST, the previous property owner, contracted with an environmental firm to prepare a Phase I Environmental Site Assessment and Phase II Investigations Report (“Phase I / Phase II Report”). The Phase I / Phase II Report identified two areas where soil contamination levels exceeded current RWQCB ESLs and Cal EPA DTSC screening levels. These areas included the corral area where spraying of cattle with chemicals to control pests may have occurred, an unpermitted landfill located near the True residential structure (which itself is proposed for demolition). The presence of residual-level concentrations of petroleum Ascent Environmental Environmental Checklist Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 3-41 hydrocarbons (below RWQCB ESLs) was noted around the perimeter of the Main House garage driveway, likely due to vehicle maintenance. The investigations indicate that residual chemicals consistent with organochlorine pesticides are present in the soil at the corral at levels exceeding current California Regional Water Quality Control Board, Region 2 (“RWQCB”), Environmental Screening Levels (“ESLs”) and California Environmental Protection Agency (Cal EPA), Department of Toxic Substances Control (DTSC), California Human Health Screening Level. Lead and petroleum hydrocarbon impacted soils are present in the landfill at levels exceeding current RWQCB ESLs. Since the time that the Phase I and Phase II Reports were prepared, the District hired Geocon Consultants, Inc. to further investigate the contamination associated with the existing landfill. In their November 2011 report, Geocon found that the levels of contaminants of concern in the landfill soil and groundwater generally do not exceed environmental screening levels and do not present a threat to human health and the environment. Geocon also investigated the geotechnical conditions of the landfill, including an evaluation of the slope stability under static and seismic conditions. The slope stability analysis indicates the landfill is stable for open space use with no structural improvement in its current configuration. The Phase I and Phase II Reports indicate the presence of residual-level concentrations of petroleum hydrocarbons in soils near the perimeter of the Main House garage driveway, i.e., at concentrations below RWQCB residential ESLs. No chlorinated solvents (i.e., degreasing solvents) were detected, with the exception of a low concentration of Freon detected in one soil sample. In addition to the contaminants discussed above, numerous buildings and structures exist on the project site which, given the ages of the various structures, suggest that a potential exists for the presence of asbestos- containing materials and lead paint associated with these structures. 3.8.2 DISCUSSION a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? Less-Than-Significant. District Ordinance 93-1, Section 409.2 prohibits the general public from possessing or using harmful substances on District lands. The proposed project does not include routine use of hazardous materials in the Preserve with the exception of small quantities of common household hazardous materials such as pesticides, fuels, oils, lubricants, solvents, and detergents. A controlled amount of pesticides would occasionally be applied in grazing operations and for vegetation management. Pesticide applications would comply with label instructions and all applicable local, state, and federal regulations. Implementation of the proposed U&M Plan would not pose a significant hazard to the public or the environment. This impact is less than significant. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and/or accident conditions involving the release of hazardous materials into the environment? Less-Than-Significant with Mitigation Incorporated. Existing structures on the project site may contain building materials that contain lead and asbestos. The proposed project involves demolition of dilapidated structures, which may include these hazardous materials. California Code of Regulations (CCR), Title 8, Section 1529 "Asbestos" is enforced by Cal OSHA and sets very strict exposure limits for employees engaged in abatement and remediation activities and requires employers to perform an initial exposure assessment as well as daily monitoring of employee exposure. Section 1529 also includes a list of specific compliance measures including Environmental Checklist Ascent Environmental Midpeninsula Regional Open Space District 3-42 Mindego Ranch Use and Management Plan IS/MND (but not limited to) vacuum cleaners with HEPA filters, wet methods, ventilation systems with HEPA filters, isolation/containment of asbestos dust-generating areas, as well as prohibitions against use of compressed air to remove asbestos without a ventilation system, dry sweeping/shoveling of asbestos, and use of high-speed abrasive disc saws without proper point of cut ventilators. Additional, more stringent, compliance measures are provided specific to Class I and Class II asbestos removal. Furthermore, BAAQMD Regulation 11, Rule 2 also regulates activities involving handling of asbestos related to demolition, renovation, and manufacturing. Demolition of any structures containing asbestos would be subject to this Rule. Rule 2 prohibits visible emissions of asbestos. BAAQMD's Rule 2 requires wet methods or use of HEPA filter-fitted ventilation systems, use of leak-tight chutes for getting materials to the ground, use of plastic barriers and HEPA filter-fitted ventilation systems to contain areas being stripped. Rule 2 also requires an asbestos survey, including materials sampling and lab testing, to be performed by a qualified consultant prior to abatement activities to determine the category of asbestos. Specific disposal methods are also required under Rule 2. Similar to its regulations for asbestos handling, CCR (Title 8, Section 1532.1) contains lead exposure limits for employees engaged in demolition activities. Also similar to its asbestos regulations, CCR requires employers to prepare exposure assessments and exposure monitoring. CCR Section 1532.1 also includes methods of compliance, including but not limited to preparation of a compliance program, mechanical ventilation, respiratory protection, protective clothing and equipment, specific housekeeping practices, medical surveillance (including biological monitoring), temporary removal of exposed employees, signage and postings, and appropriate record keeping. Handling of asbestos and lead is regulated by state law and BAAQMD rules. These rules include guidelines to minimize exposure of construction workers (including monitored and enforceable exposure limits) and release of these substances into the environment. Because the proposed project would be required to comply with the CCR and BAAQMD rules, demolition activities associated with the proposed project would not create a significant hazard to the public or environment. Public access onto the project site would be allowed within a very limited area (See Exhibit 2-5). General public use of the project site would be primarily limited to low-intensity, non-motorized, and non-emitting uses, including hiking and equestrian use. The possibility of the incidental release of motor vehicle oil, grease, or fuel is therefore limited to the infrequent use of the trails and roads by District patrol and maintenance vehicles, tenant vehicles, occasional emergency responders, and vehicles and machinery used during the temporary construction process. Any release of minor amounts of hazardous material resulting from the limited vehicular use does not pose a significant hazard to the public. Impacts related to water quality are addressed in the Hydrology and Water Quality section of this IS. As described above in the Environmental Setting, the Phase I and Phase II reports prepared for the property indicate a few areas on the project site with existing contamination including the corral, the landfill, and the Main House garage driveway. Contamination associated with the Main House garage driveway is limited primarily to residual levels of petroleum hydrocarbons at concentrations below RWQCB residential ESLs and a low concentration of Freon detected in one sample. Because the levels of contamination are below residential ESLs, and because no public access or earth work would occur in this area, implementation of the proposed project would not expose visitors, staff, or construction workers to risk of exposure to existing contamination. The District will remediate or cap soil contaminants in the corral area as part of structural demolition in this area. Although a remediation plan has not yet been prepared, no public access would be allowed in the vicinity Ascent Environmental Environmental Checklist Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 3-43 of the corral and no roadway improvements would occur within the vicinity of the corral. (See Exhibit 2-6.) Therefore, because visitors, staff, and construction workers would not come into contact with the contaminated soil associated with the corral, remediation of this area is not necessary prior to implementation of the other components of proposed project, including public access. In addition, because no groundwork would be performed in the corral area prior to the remediation, no significant disturbance of contaminated soil would occur and, therefore, no increased emission of contaminated stormwater runoff would occur. The future remediation plan for the corral area would be prepared in accordance with EPA and Cal EPA regulations and in coordination with RWQCB (and DTSC if appropriate). Regarding the existing landfill, the San Francisco Bay Regional Water Quality Control Board (RWQCB) reviewed Geocon’s report evaluating the contamination associated with the landfill and issued a memorandum approving “Closure in Place” of the existing landfill with implementation of site management measures, which are incorporated as mitigation measures below. These measures include implementation of a stormwater runoff control plan, designation of the landfill as a “closed area,” enforcement of access restrictions, and inspection of slopes associated with the landfill to ensure erosion is not occurring. Due to the existing contamination associated with the existing landfill, site management measures are required by RWQCB for closure in place. These measures are included in the proposed U&M Plan and include the following:  implementation of a site-specific Stormwater Runoff Control Plan to divert surface runoff away from the landfill area;  designation of the landfill area as a “closed area” with signs posted;  enforcement of the access restrictions with the areas identified on District preserve maps; and  inspection of site slopes associated with the landfill area following significant rain events to ensure slope erosion is not occurring. Implementation of these measures would reduce impacts associated with exposure of the public, District staff, and construction workers to hazardous materials associated with the landfill. However, although the restriction of access associated with the corral reduces potential risk of exposure, it is important to appropriately communicate the restriction to District staff and visitors. Lack of appropriate signage and identification on preserve maps could result in a potentially significant impact related to hazardous materials exposure. Therefore, the following mitigation measure includes signage requirements to ensure no unauthorized visitors, staff, or construction workers access the area. Mitigation Measure 3.8-1 The District shall designate the corral area as a “closed area” and install signs to alert the public and District staff that the area is closed. After the corral area remediation is completed according to RWQCB (and/or DTSC) standards, the signage may be removed from the corral area. The District shall also enforce the access restrictions and note the restrictions on District Preserve maps. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? No Impact. As discussed under “a” above, the proposed project would not result in the use, transport, or disposal of substantial hazardous materials. In addition, the project site is not located within one-quarter mile of an existing or proposed school. The nearest school is La Honda Elementary School, located at the end of Sears Ranch Road, over 1.5 miles west of the project site boundary. No impact would occur. Environmental Checklist Ascent Environmental Midpeninsula Regional Open Space District 3-44 Mindego Ranch Use and Management Plan IS/MND d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code §65962.5 and, as a result, would it create a significant hazard to the public or the environment? Less-Than-Significant. The Hazardous Waste and Substances Sites (Cortese) List is a planning document used by the State, local agencies, and developers to comply with the CEQA requirements in providing information about the location of hazardous materials release sites. Government Code section 65962.5 requires the California Environmental Protection Agency to develop at least annually an updated Cortese List. DTSC is responsible for a portion of the information contained in the Cortese List. Other State and local government agencies are required to provide additional hazardous material release information for the Cortese List. DTSC's EnviroStor database provides DTSC's component of Cortese List data. The 2007 Phase I and Phase II states that representatives at the RWQCB, DTSC, and BAAQMD indicated that no file information for the Subject Property was identified at their respective agencies. The search of DOGGR well records on-line indicates that no oil and gas wells are located on or within one-half mile of the project site, based on the coordinates of reported well locations provided by DOGGR. San Mateo County Health Services Agency files contained no files or references to chemical use or releases on the project site or other documentation related to aboveground or underground storage tanks, or chemical use violations (EKI 2007). Ascent Environmental searched DTSC’s EnviroStor database in 2013 and verified that no additional issues have been identified since the 2007 Phase I and Phase II reports (DTSC 2013). The proposed project site is not identified on the Cortese list or other State and county hazardous materials lists; therefore, impacts are less than significant. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? No Impact. The project site is not located within two miles of a public airport and is not located within an airport land use plan. No impact would occur. f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? Less-Than-Significant. A private airstrip is located approximately 1.25 miles northwest of the project site, off of Langley Hill Road. The runway approach angles at a northeast/southwest direction, with Langley Hill impeding aircraft associated with landing strip from maintaining a low altitude in the vicinity of the project site. The proposed project does not include any structures or activities that could cause safety hazards associated with air traffic. The proposed project would result in a less-than-significant impact. g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? No Impact. There are no adopted emergency response plans or emergency evacuation plans affecting the project area. The proposed project includes limited public access for recreation. No structures are proposed. No public vehicle access is proposed. The proposed project would provide appropriate emergency vehicle access. Therefore, implementation of the proposed project would not interfere with an adopted emergency response plan or emergency evacuation plan. The project would result in no impact. See Section 3.16, Public Services for more detailed discussion regarding emergency response. Ascent Environmental Environmental Checklist Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 3-45 h) Expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Less-Than-Significant with Mitigation Incorporated. The proposed project would decrease risk of wildland fire due to the re-introduction of grazing on the property, which would reduce onsite fuels by controlling vegetation during the fire season, and also due to the demolition of existing dilapidated structures. The risk to the recreating public posed by potential wildland fires was analyzed in the Coastal Protection Program EIR. The Coastal Protection Program EIR concludes that, based on the District’s existing management of steep and heavily vegetated lands on the Bay side of the Peninsula, public access to District-managed lands does not present a significant risk of loss, injuries, or death as a result of wildland fire. While fire protection within current District boundaries is provided by the jurisdictional local fire departments and CAL FIRE, the District works cooperatively with these jurisdictional fire agencies to reduce fire risk by assisting them to respond quickly and effectively to wildland fires. The District maintains fire breaks to slow or arrest the spread of wildland fires, and a system of District maintained fire roads ensures adequate access to remote areas. District lands are patrolled routinely by trained staff members in vehicles equipped with wildland fire suppression equipment, providing first response assistance until the jurisdictional fire agencies arrive and take over the scene. The addition of public use and District staff presence would result in an increased ability to detect and respond the appropriate fire agencies when fires occur. District Ordinance 93-1 Section 404 prohibits fires and smoking on District lands. In addition, District Rangers will regularly patrol the project site and are trained and equipped for initial response in the Incident Command System (ICS) for fire suppression, assisting with the response of jurisdictional fire agencies to the scene of a fire. The District’s radio and repeater system combined with ranger patrols and staff on call 24 hours per day enables prompt and effective communication with emergency service providers in the event of a wildland fire or emergency response call. Additionally, the District purchased a 1,500 - 2,000-gallon maintenance-style water truck that is available to deliver water for mutual aid calls to assist in fire suppression activities. The Coastal Protection Program EIR concludes that although the project would not expose the public to significant risk from fire, it would increase the need for coordination with other agencies in fire suppression. This coordination is necessary to ensure swift and adequate response to wildland fire. Furthermore, construction activities on the project site could also result increased ignition risk. Consistent with the Coastal Protection Program EIR’s conclusion the impact is considered potentially significant. Mitigation Measure 3.8-2a The District shall implement the following applicable mitigation measures incorporated directly from the Coastal Protection Program EIR: 〉 The District shall select indigenous plant materials and/or seed mixes utilized along trails for their low maintenance and drought and fire resistant characteristics to minimize additional fuel available to wildland fires to the extent feasible. (Coastal Protection Program EIR Mitigation HAZ-2a) 〉 The District shall limit trail use to low-intensity hiking, bird watching, bicycling, equestrian use, environmental education and other similar low hazard uses, and prohibit smoking, camping, picnicking, fireworks and off-road vehicle use. (Coastal Protection Program EIR Mitigation HAZ-2e) Environmental Checklist Ascent Environmental Midpeninsula Regional Open Space District 3-46 Mindego Ranch Use and Management Plan IS/MND Mitigation Measure 3.8-2b To further reduce the potential for wildland fire ignition beyond the Coastal Protection Program EIR mitigation, the following additional mitigation measure is required: 〉 In order to reduce fire ignition risk, the District currently requires the following measures for all maintenance and construction activities within the Preserve: o All equipment to be used during construction and maintenance activities must have an approved spark arrestor. o Grass and fuels around construction sites where construction vehicles are allowed to be parked will be cut or reduced. o Mechanical construction equipment that can cause an ignition will not be used when the National Weather Service issues a Red Flag Warning for the San Francisco Bay Area. o Hired contractors will be required to: - Provide water and/or fire extinguisher to suppress potential fires caused by the work performed. - Remind workers that smoking is prohibited at the work site and on any District land per contract conditions and District Ordinance. - Maintain working ABC fire extinguishers on all vehicles in the work area. - Contact both Mountain View Dispatch at (650) 968-4411 and CAL FIRE, Skylonda, at (650) 851-1860 for emergency response in the event of a fire. Significance after Mitigation Implementation of Mitigation Measure 3.8-2a (which incorporates mitigation from the Coastal Protection Program EIR) and Mitigation Measure 3.8-2b (which is in addition to the Coastal Protection Program EIR mitigation) would reduce potential impacts associated with wildland fire risk by increasing coordination with local and State fire protection services, reducing fuels near trailheads, prohibiting open fires and smoking, and requiring ignition risk reductions for construction and maintenance activities. Consistent with the conclusion of the Coastal Protection Program EIR, implementing these mitigation measures would reduce the impacts to a less-than-significant level. Ascent Environmental Environmental Checklist Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 3-47 3.9 HYDROLOGY AND WATER QUALITY ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact IX. Hydrology and Water Quality. Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level that would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial on- or off-site erosion or siltation? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in on- or off-site flooding? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures that would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury, or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Result in inundation by seiche, tsunami, or mudflow? 3.9.1 ENVIRONMENTAL SETTING The project site is located within the San Francisco Coastal South watershed area and, more specifically, is located within the headwaters of Mindego Creek and Alpine Creek watersheds, tributaries to San Gregorio Creek and part of the San Gregorio Creek basin. The San Gregorio Creek basin has been classified as an impaired water Environmental Checklist Ascent Environmental Midpeninsula Regional Open Space District 3-48 Mindego Ranch Use and Management Plan IS/MND body due to sedimentation/siltation and high levels of coliform by the San Francisco Regional Water Quality Control Board’s 303(d) List of Impaired Water Bodies in the San Francisco Bay Region. The project site is partially within the drinking water watershed of Cuesta La Honda Guild (Guild watershed), which diverts water from Mindego Creek to supply drinking water to the Town of La Honda. Erosion and sedimentation issues currently persist on the project site due to drainage issues associated with onsite roads and trails. A Road and Trail Inventory was conducted for the project site by Timothy Best, CEG, in November 2012. A total of 39 sites were inventoried along the 9.1 miles of roads. Inventoried sites included all stream crossings, areas of poor road drainage, and landslides. Of the 39 sites inventoried, 14 have a Moderate to High treatment priority and are recommended for some corrective measures to reduce the potential for sediment delivery or to repair damaged segments of the road. The principal issues with the roads in Mindego Ranch are:  Drainage: Poor road drainage (lack of cross drains) has caused erosion and damage to the main Mindego Ranch Road. It has also been a contributing factor in several fill failures.  Weathering of the cutbank: Roads that cross steep ground in grassland areas are prone to the raveling and sloughing of the cutbank. Without maintenance, material that is deposited on the roadway renders the road impassable.  Fill slope failures: There are three road fill failures that have narrowed the road and where remedial measures are necessary to reopen the road or to widen the road for improved access. One of these failures is along Knuedler Lake Trail, and two are on East Mindego Ranch Road.  Stream Crossings: There are eleven watercourse and swale crossings (2 culverts and 9 earth fords). The most significant problem is at plugged culvert where the road is blocked and the crossing fill is starting to wash out. Mitigation of this site is required to prevent further erosion and sediment discharge into the streams. Four other crossings have a moderate treatment priority to either reopen the road past them or to prevent outlet erosion. 3.9.2 DISCUSSION a) Violate any water quality standards or waste discharge requirements? Less-Than-Significant with Mitigation Incorporated. As discussed in the Environmental Setting above, there are erosion and sedimentation issues on the site associated with several sections of roads/trails in need of repair. As part of the Road and Trail Inventory (Best 2012) recommendations were made and are incorporated into the proposed U&M Plan. These recommendations/project components include installing reverse-grade dips and ditch relief culverts; rocking low-lying segments; replacing a failing culvert along Mindego Hill Trail; and regrading, widening, and installing reverse-grade dips on three critical ranch access roads. Implementation of these roadway improvements are anticipated to result in a long-term benefit to surface water quality by reducing erosion and sedimentation. In addition to District Policies, runoff water quality is regulated by the National Pollutant Discharge Elimination System (NPDES) Program (established through the federal Clean Water Act). The NPDES program objective is to control and reduce pollutant discharges to surface water bodies. Compliance with NPDES permits is mandated by State and federal statutes and regulations. Locally, the NPDES Program is administered by the Water Board. According to the water quality control plans of the Water Board, any construction activities, including grading, that would result in the disturbance of one acre or more would require compliance with the General Permit for Stormwater Discharges Associated with Construction and Land Disturbance Activity (Construction General Ascent Environmental Environmental Checklist Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 3-49 Permit). The project includes a total disturbance area of approximately three acres and would be subject to compliance with the Construction General Permit. Current District-wide requirements protect water quality during maintenance activities. As outlined in the District’s Best Management Practices and Standard Operating Procedures for Routine Maintenance Activities in Water Courses, which has been reviewed and approved by the Regional Water Quality Control Board (RWQCB) and California Department of Fish and Wildlife, the District follows specifications and guidelines designed to protect water quality. Additionally, maintenance work in watercourses will meet standards and be consistent with the current RWQCB Memorandum of Understanding (MOU) for routine maintenance activities on District lands. These standards would be followed, as applicable, based on site conditions and specific project requirements. In addition, no public vehicle access would be allowed on the project site. Only hikers and equestrians would be allowed on the site and only within a very limited area (See Exhibit 2-5). Therefore, there would be minimal erosion caused by the public’s use of onsite roads and trails. Also, the number of cattle that would graze onsite would be limited by the specific stocking number identified in the Grazing Management Plan (SAGE Associated 2012), which varies depending on slope and other factors. This greatly reduces the potential for erosion due to overgrazing of the site. The Coastal Protection Program EIR addressed impacts associated with water quality. The EIR concludes that the Coastal Protection Program project would result in overall benefit to the regions watersheds and water quality. However, the EIR also recognizes that the Santa Cruz Mountains are known for intense rainfall with large volume flows through creeks and drainages. The Coastal Protection Program area is windward of incoming storms and would receive intense rainfall capable of eroding and destabilizing project area trails. Roads and trails that are not properly maintained could cause substantial erosion or siltation on or off site. The Coastal Protection Program EIR includes mitigation measures to reduce any potential impacts associated with trail erosion. Consistent with the conclusion of the Coastal Protection Program EIR, impacts associated with the proposed project are considered potentially significant and the Coastal Protection Program EIR’s mitigation measures are incorporated, as applicable. (Note that potential impacts associated with pathogens in surface water caused by proposed cattle grazing is discussed under “f” below.) Mitigation Measure 3.9-1 〉 Storm water quality Best Management Practices (BMPs) as listed in this section shall be implemented to reduce potential water quality impacts. BMPs include (Coastal Protection Program EIR Mitigation HYD-1b): o Flow of runoff from drainage structures will be directed to vegetated areas, away from creeks and drainages as is practical. o Conduct any trail maintenance work during low flow periods o Use erosion and sediment control measures to minimize water quality impacts and ensure no sediment at heavily traveled trails flows into creeks. These measures include: - Silt Fences - Straw Bale Barriers - Brush or Rock Filters - Storm Drain Inlet Protection Environmental Checklist Ascent Environmental Midpeninsula Regional Open Space District 3-50 Mindego Ranch Use and Management Plan IS/MND - Sediment Traps - Sediment Basins - Erosion Control Blankets and Mats - The District shall prevent erosion on steep slopes by using erosion control material according to manufacturer’s specifications. o If soil is to be stockpiled for any reason at creeksides, no run-off will be allowed to flow back to the creek. Significance after Mitigation Consistent with the conclusion of the Coastal Protection Program EIR, implementing these mitigation measures would reduce the impacts to a less-than-significant level. b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre existing nearby wells would drop to a level that would not support existing land uses or planned uses for which permits have been granted)? Less-Than-Significant. The proposed project does not involve groundwater pumping or interference with groundwater recharge. Water infrastructure improvements associated with implementation of the conservation grazing program involve increased storage and distribution of an existing developed spring. Furthermore, the District acquired water rights with acquisition of the Mindego Ranch property, and water use on the site would be consistent with these rights. Impervious surfaces would not be added to the site, and groundwater recharge would not be adversely affected. Impacts associated with groundwater depletion and recharge would be less than significant. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial on- or off-site erosion or siltation? Less-Than-Significant. Overall, the proposed project seeks to maintain and improve the existing drainage patterns on the site. Impervious surfaces would not be added to the project site; therefore, the rate of runoff would not substantially increase. As described under “a” above, the proposed project includes measures to repair existing drainage issues associated with onsite roads. The project also incorporates mitigation measures from the Coastal Protection Program EIR, including trail design guidelines and BMPs. Removal of approximately 75 to 125 cubic yards of sediment from Big Spring pond would occur during the dry season and would be placed in a field north of the Upper Pond to dry. Once the sediment dries it would be spread into the field and reseeded with native species, spread on nearby roads, or otherwise naturalized and would not alter drainage patterns. The sediment in the field would naturally re-absorb into the soil, and the surrounding vegetation of the field would prevent transportation of silt into other onsite watercourses. Also, although the rate of stormwater would not increase under the proposed project, the proposed draining of Mindego Lake would result in dry- season runoff into nearby watercourses, which if done improperly, could result in erosion and siltation of nearby watercourses. The proposed project includes measures (see the SFGS Habitat Management Plan included as Appendix A) such as pumping water through multiple outlets onto a grassy slope using energy dissipaters and three lines of hay bales lined with filter fabric. Only clear water would be allowed to continue downstream into Ascent Environmental Environmental Checklist Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 3-51 the watershed. The proposed project would not substantially increase the rate or amount of surface runoff such that on- or off-site erosion or siltation would occur. This impact is considered less than significant. d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in on- or off-site flooding? Less-Than-Significant. Impervious surfaces would not be added to the project site; therefore, the rate of runoff would not substantially increase. Overall, the proposed project seeks to maintain and improve the existing onsite drainage patterns. As described under “a” above, the proposed project incorporates mitigation measures from the Coastal Protection Program EIR, including trail design guidelines and BMPs. The proposed project also includes measures to repair existing drainage issues associated with onsite roads. The proposed project would not substantially increase the rate or amount of surface runoff such that on- or off-site flooding would occur. This impact is considered less than significant. e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Less-Than-Significant. The proposed project would not adversely affect the drainage patterns or rate of runoff on the project site because the project seeks to maintain or improve the existing drainage patterns. As described under “a” above, the proposed project incorporates mitigation measures from the Coastal Protection Program EIR, including trail design guidelines and BMPs. The proposed project would not substantially increase the rate or amount of surface runoff such that exceedance of drainage system capacity would occur. This impact is less than significant. f) Otherwise substantially degrade water quality? Less-Than-Significant. Non-point source pollution results from land use practices where waste is not collected and disposed of in some identifiable manner. Non-point sources of pollution include: urban drainage, agricultural runoff, road construction activities, mining, grassland management, logging and other harvest activities, and natural sources such as effects of fire, flood, and landslide. Management of rangeland and cropland may have an effect upon water quality, but there is currently very little regulation. Agriculture operations need to be proactive in determining what standards are likely necessary and implementing their own monitoring protocols in order to determine whether they will be in compliance. As mentioned above under Environmental Setting, the project site shares the Cuesta la Honda Guild watershed, which, during the wet season, diverts water from Mindego Creek to supply drinking water to the Town of La Honda. As described above, the proposed habitat restoration, roadway/trail improvements, and public access would not adversely affect water quality within the watershed. However, the proposed re-introduction of cattle grazing on the project site has raised some concerns regarding the drinking water supply. All animal waste contains nutrients and may also contain pathogens. When animal wastes are concentrated (as is often the case in dairies and confined animal feeding operations) surface runoff can carry excess nutrients and pathogens into nearby water bodies. If not properly managed, livestock grazing also has the potential to lead to contamination of surface waters. As described in Section 2 “Project Description,” Cryptosporidium is a pathogenic protozoan, spread via cysts produced primarily in newborn calves. Cryptosporidium can enter surface waters through contact with the waste from infected animals, provided that the waste is fresh or has not fully dried (Atwill 1998). If consumed by humans the microorganism can potentially cause intestinal Environmental Checklist Ascent Environmental Midpeninsula Regional Open Space District 3-52 Mindego Ranch Use and Management Plan IS/MND infections in sensitive populations. Contamination of the water supply with these cysts could trigger the need for costly water treatment procedures to be put in place. As described in Section 2 “Project Description,” in addition to the natural features of the project site, such as dense vegetation and steep topography, that reduce cattle access to Mindego Creek, the proposed Grazing Plan includes several measures to keep cattle away from water sources, including strategic placement of water troughs and salt licks away from water bodies, as well as installation of exclusionary fencing. The proposed Grazing Plan would also prevent overgrazing by active monitoring and management, which further reduces potential for cysts to enter waterways. (See Appendix B, Grazing Plan.) To further minimize the potential for contamination of the Guild’s water supply, the following measures are included in the proposed U&M Plan:  Cattle would be excluded from the Mindego Creek watershed via a system of fencing and existing natural barriers (dense vegetation and steep topography) during the period the Guild draws water from Mindego Creek . This period extends from September 1 through May 31 (except during the 2-day processing period; see below), encompassing the typical rainy season as well as a precautionary buffer. This measure will avoid the potential for pathogens which may be present in cattle excrement to be carried to Mindego Creek via rainwater runoff.  Regular monitoring will be performed by MROSD staff and the grazing tenant during the rainy season to ensure that no cattle have entered the Mindego Creek watershed. Additional fencing will be installed wherever and whenever existing barriers are found to be ineffective.  During processing, typically spanning a 2 day period in winter, cattle will be confined to a secure holding field and corral along the southern border of the Mindego Creek watershed. No cattle will be moved into the holding field or corral if or when precipitation (rain) occurs or is forecasted with greater than a 70 percent probability in the next 72-hour period to prevent fecal material from entering the water via surface runoff. The holding field and corral vicinity will be monitored regularly by District staff or other appointed personnel for signs of concentrated surface water flow (e.g., gullies and rills). If such signs are detected, the District will ensure that proper drainage improvements are installed to prevent concentrated flows from the area into the watershed.  Cattle water troughs and salt/mineral supplement will be located at least 800 feet away from surface water bodies to disperse cattle and other wildlife away from wetland and riparian areas (see Exhibit 2-4).  Supplemental feeding will not be allowed, except in the following circumstances: 1) Distribution of supplements (vitamins, minerals, protein) to aid in the achievement of District resource management goals, livestock health and livestock movement and 2) feeding in the corral/holding pen (when cattle are off loaded and held or shipped from the premises. Any hay should be locally sourced.  Stocking rates identified in the Grazing Management Plan will be adjusted as necessary to maintain appropriate Residual Dry Matter (RDM) standards. Annual monitoring of RDM shall by conducted by the District rangeland ecologist.  The District will continue to implement the feral pig reduction program, which has been effective in reducing the feral pig populations. (Note that feral pigs currently occur in the area and are also a potential source of Cryptosporidium. Reducing pig populations in the watershed reduces existing potential for contamination of the water supply, reduces the risk of disease transmission to domestic livestock, protects native vegetation and sensitive habitat areas and is a an overall benefit to the project.) Implementation of these project components, in combination with the natural barricades to water courses, would minimize the potential for cysts to migrate into surface water used for potable supply. The monitoring measures would ensure no significant risk to humans associated with Cryptosporidium from proposed onsite cattle. The impact would be less than significant. Ascent Environmental Environmental Checklist Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 3-53 g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? No Impact. The proposed project does not include any new housing or other structures. Furthermore, the project site is located over 700 feet above sea level and is not located within or near a flood zone. Therefore, there would be no impact related to flood hazards and housing. h) Place within a 100-year flood hazard area structures that would impede or redirect flood flows? No Impact. As indicated under “g” above, the proposed project does not include any structures and the project site is not located within the 100-year flood zone. Therefore there would be no impact associated with impeding or redirecting flood flows. i) Expose people or structures to a significant risk of loss, injury, or death involving flooding, including flooding as a result of the failure of a levee or dam? Less-Than-Significant. Public access would not be provided near onsite stream channels. In addition, staff would not typically access the project site during a heavy storm event. Impacts from exposure to flooding would be less than significant. j) Result in inundation by seiche, tsunami, or mudflow? Less-Than-Significant. The project site is more than 700 feet above sea level at its lowest point. Seiche or tsunamis from the Pacific Ocean are located too far away to impact the site. The soil conditions and potential for prolonged rain events have the potential to produce mudflows. A mudflow could expose District personnel or members of the general public to potentially life threatening situations if they were present while a mudflow event occurred. As described in the Coastal Protection Program EIR (p. Page IV-H-8), the low probability of such an event and the limited likelihood of District personnel or the public to be in harm’s way during an intense storm necessary to precipitate such an event reduce this potential impact to a less than significant level. Environmental Checklist Ascent Environmental Midpeninsula Regional Open Space District 3-54 Mindego Ranch Use and Management Plan IS/MND 3.10 LAND USE AND PLANNING ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact X. Land Use and Planning. Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to, a general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? 3.10.1 ENVIRONMENTAL SETTING The project site is located in the rural western portion of unincorporated San Mateo County in the Santa Cruz Mountains. The property is currently used as an open space preserve and for agricultural operations. There are no occupied structures within the project site boundaries; therefore there is no established residential community located within the vicinity of the proposed roadway/trail and habitat improvements. The San Mateo County General Plan designates the Preserve as Open Space, Public Recreation and Timber Production, which allow for resource management, recreation and agricultural uses. The Preserve is zoned RM (Resource Management), RM-CZ/CD (Resource Management – Coastal Zone) and TPZ (Timberland Preserve Zone). These zoning designations provide for park, open space and recreational uses. The San Mateo County Trails Plan identifies the project area as a route for the Harrington Creek Trail and the Bay Area Ridge Trail. 3.10.2 DISCUSSION a) Physically divide an established community? No Impact. There are no occupied structures on the project site; therefore, no established community exists within the immediate vicinity of the proposed improvements. The community of La Honda is located approximately one mile to the west of the project site. Because the proposed project would be an extension of an existing open space preserve, and is located in a rural area used primarily for agriculture, timber production, grazing, and open space uses, the proposed project would not divide an established community. Consistent with the conclusion of the San Mateo Coastal Protection Program EIR, the project would result in no impact. Ascent Environmental Environmental Checklist Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 3-55 b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to, a general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Less-Than-Significant. The proposed project site is designated as General Open Space and Timber Protection by the San Mateo County General Plan. The purpose of the General Open Space land use designation is to ensure maintenance of open space character and protection of natural resources, and generally to direct new development to existing rural service centers. The purpose of the Timber Production designation is to protect productive timber resources. The proposed project will result in permanent protection of the site for open space, compatible agriculture, and natural resource management, which is consistent with these General Plan designations. Use and management of the project site as an open space preserve with on-going livestock grazing operations is also consistent with the County’s Resource Management (RM) and Timber Preserve Zone (TPZ) zoning designations. The project proposes to use the property for habitat and watershed management, livestock raising and grazing, and docent-led low intensity recreation, all compatible uses within the RM and TPZ Zoning Districts. (See Section 3.2 “Agricultural and Forest Resources” for a more detailed discussion regarding consistency with agricultural designations and policies, including WA contracts.) The project would operate and would be managed in conformity with the provisions of the Service Plan for the Coastside Protection Program, which sets forth guidelines to help inform the District’s decision-making and delivery of District services within the Coastal Protection Program area in which the project site is located. Therefore, the proposed project would result in a less-than-significant impact associated with land use plan/policy conflict. c) Conflict with any applicable habitat conservation plan or natural community conservation plan? No Impact. The proposed project does not contain areas subject to a habitat conservation plan or natural communities conservation plan. No impact would result. Environmental Checklist Ascent Environmental Midpeninsula Regional Open Space District 3-56 Mindego Ranch Use and Management Plan IS/MND 3.11 MINERAL RESOURCES ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XI. Mineral Resources. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? 3.11.1 ENVIRONMENTAL SETTING Mineral Resource Zone-2 (MRZ-2) indicates the existence of a deposit that meets certain criteria for value and marketability. According to the County of San Mateo General Plan, the project site is not located in an area designated MRZ-2, although the General Plan does indicate that there is a limestone deposit on the southeast portion of the project site (San Mateo County 1985). 3.11.2 DISCUSSION a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? No Impact. According to the San Mateo General Plan, the project site is not located in an area designated MRZ-2 (San Mateo County 1985). The proposed roadway/trail and habitat improvements would not limit the ability to access the limestone deposit identified by the San Mateo General Plan. The Coastal Protection Program EIR indicates that implementation of the Service Plan would result in no impacts to Mineral Resources. Consistent with the EIR’s conclusion, the proposed project would result in no impact. b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? No Impact. See the discussion under “a” above. Although the San Mateo General Plan identifies a limestone deposit on the site, the proposed improvements would not limit the availability of the mineral resource. Consistent with the conclusion of the Coastal Protection Program EIR, the proposed project would result in no impact. Ascent Environmental Environmental Checklist Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 3-57 3.12 NOISE ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XII. Noise. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or in other applicable local, state, or federal standards? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? 3.12.1 ENVIRONMENTAL SETTING Existing conditions are governed by the presence of noise-sensitive receptors, the location and type of noise sources, and overall ambient levels. Noise-sensitive land uses are generally considered to consist of those uses where noise exposure could result in health-related risks to individuals, as well as places where a quiet setting is an essential element of their intended purpose. Residential dwellings are of primary concern because of the potential for increased and prolonged exposure of individuals to both interior and exterior noise levels. Additional parks and recreation areas are also generally considered sensitive to increases in exterior noise levels. These noise-sensitive land uses are also considered vibration-sensitive. The project site is located two miles east of the community of La Honda in the Santa Cruz Mountains, within unincorporated San Mateo County (See Exhibit 2-1). The project site lies near the headwaters of Mindego Creek and Alpine Creek and is approximately 1 mile west of the crest of the Santa Cruz Mountains. There are no sensitive receptors located on the project site, only two vacant single-family residences and a barn. The nearest offside sensitive receptors include residential properties located approximately 1,500 feet to the south of Knuedler Lake and approximately 2,500 feet to the northeast of the existing onsite structures. (Camp Glenwood, a male youth correctional facility, is located over 0.5-mile to the west of Knuedler Lake and approximately 1.5 miles west of the existing onsite structures.) Environmental Checklist Ascent Environmental Midpeninsula Regional Open Space District 3-58 Mindego Ranch Use and Management Plan IS/MND The existing noise environment is primarily influenced by vehicle traffic from surrounding roadways. The level of vehicle traffic could vary depending on the size of the nearby roadway and time of the day (i.e., peak traffic hours). Other noise sources that may contribute to the existing noise environment consist of human activity from low-impact recreational activities (e.g., sightseeing, hiking, biking, horseback riding) taking place nearby, noise from nearby residential neighborhoods (e.g., landscape maintenance, dogs barking, people talking), aircraft flyover, and natural sounds such as leaves rustling and birds chirping. San Mateo County has established noise guidelines and standards to protect citizens from potential hearing damage and other adverse physiological and social effects associated with noise. Applicable policies and regulations are contained in the San Mateo Zoning Regulations. COUNTY OF SAN MATEO ZONING REGULATIONS SECTION 6163.6 PERFORMANCE STANDARDS All uses, facilities and operations must conform to the following performance standards: 1. Noise. No use, facility or operation shall create any unusually loud, uncommon noise which would disturb the neighborhood peace. The maximum noise level permitted, measured at the building site boundary, shall be: Time of Day Maximum Noise Level (dBA) 30 Minutes in Any Hour 15 Minutes in Any Hour 5 Minutes in Any Hour 7:00 a.m. to 10:00 p.m. 55 60 65 10:00 p.m. to 7:00 a.m. 50 55 60 Short-term construction noise may exceed these standards, providing that all construction activities are limited between 7:00 a.m. and 5:00 p.m. 3.12.2 DISCUSSION a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or in other applicable local, state, or federal standards? Less-Than-Significant. The proposed project would result in demolition of existing structures and various site improvements such as installing new troughs for livestock, new PVC water lines, , and installing a new gate at the Mindego Ranch main entrance. In addition, a new electric solar pump for conveying water to livestock troughs would be installed. Solar electric motors are not typically considered noise generating equipment and would not be audible at the nearest offsite sensitive receptors (i.e., residences located approximately 1,500 feet to the south of the nearest potential construction site). This noise source is not discussed further. Demolition, construction, and maintenance activities associated with onsite improvements would result in the loudest noise levels. Noise would result from the use of heavy construction equipment during the demolition of existing structures, which will be minimal (i.e., three residential structures already in a dilapidated state), construction, and maintenance of proposed site improvements (e.g., new troughs for livestock, PVC water lines, , installing a new gate at the Mindego Ranch main gate, road erosion treatment such as installing reverse grade- dips and ditch relief culverts, and re-grading and widening access roads). Ascent Environmental Environmental Checklist Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 3-59 The site preparation phase typically generates the most substantial noise levels because the onsite equipment associated with grading, compacting, and excavation are the noisiest. Proposed site preparation activities include demolition, road re-grading, widening, and vegetation clearing. These activities could require some earth movement and truck hauling. Therefore, noise-generating equipment that would likely be used includes dozers, haul trucks, and loaders. Reference noise levels for these types of equipment are shown below in Table 3.12-1 and noise level estimates are shown in Appendix E. Table 3.12-1 Equipment Reference Noise Levels Type of Equipment Noise Level (Lmax) at 50 feet Dozer 85 Dump Truck 84 Front End Loader 80 Source: Data compiled by Ascent Environmental in 2013 Noise generated from these pieces of equipment would be intermittent and short in duration as typical use is characterized by short periods of full-power operation followed by extended periods of operation at lower power, idling, or powered-off conditions. However, as a worst-case scenario, if these pieces of equipment were to operate at full capacity for an entire hour, noise levels could reach up to 49 dBA Lmax at the nearest offsite sensitive receptors located approximately 1,500 feet to the south of a potential construction area. This worst- case (and highly unlikely) scenario would not exceed the most stringent San Mateo County noise standard of 55 dBA Lmax for any 30 minute period during the daytime (i.e., 7:00 a.m. to 10:00 p.m.) and if construction or maintenance activities were to take place outside of the less sensitive hours of the day (i.e., 7:00 a.m. to 10:00 p.m.), this noise level would not exceed the most stringent San Mateo County noise standard of 50 dBA Lmax for any 30 minute period during the nighttime hours (i.e., 10:00 p.m. to 7:00 a.m.). Overall, these activities would be spread out over a 10-year period as funding becomes available (except for demolition, which would occur shortly after the project decision) and therefore noise-generating activities would generally not overlap and construction noise generation would be minimal as they occur. Noise generating construction and maintenance activities would not reach levels that exceed applicable noise standards. Thus, proposed noise-generating activities would not expose nearby noise sensitive receptors to excessive noise levels. This would be a less-than- significant impact. b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? No Impact. The proposed project could involve the use of some heavy-duty construction equipment for various site improvement activities. These activities include, primarily the demolition of few existing structures and the site preparation and digging for new piping, as well as some ongoing maintenance and improvements to access roads and trails. No heavy impact equipment such as drilling or blasting would occur. The types of construction activities that are proposed include minimal site disturbance and are not the types of activities that could result in excessive ground vibrations and, therefore, the proposed project would not expose people to excessive ground vibration. The project would result in no impact. c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? No Impact. Major proposed long-term maintenance and operation activities would include road erosion treatment and habitat restoration, as well as public access to the site. Environmental Checklist Ascent Environmental Midpeninsula Regional Open Space District 3-60 Mindego Ranch Use and Management Plan IS/MND The noise from visitors to the project site (i.e., human speech and laughter) would be limited to the public access areas, which are located centrally on the site in the same general area that construction noise would occur (1,500 feet from the nearest residence), and would be far quieter than construction equipment. Likewise, the visitors would only access the site during daytime hours. Therefore, because the public access would generate much less noise than construction, and construction, as described under “a” above, would not generate substantial noise, the limited noise generated by visitors to the site would also not result in substantial noise at sensitive receptor locations. Road erosion treatment projects would include installing reverse-grade dips and ditch relief culverts, rocking low-lying segments, replacing a failing culvert along the Mindego Hill Trail, as well as re-grading, widening, and installing reverse-grade dips on three critical ranch access roads. Additional maintenance activities include landfill closure, signage, restriction enforcement, and slope monitoring and trail maintenance actions, grazing responsibilities, and invasive species control. As described above under “a” the proposed construction and maintenance activities would be minimal and intermittent over time (i.e., ongoing for the next 10 years). In addition, these activities would not result in noise levels that exceed any applicable San Mateo County noise standard and therefore would not expose any nearby sensitive receptors to excessive noise levels. No new stationary noise sources or land development would be included in the proposed project. Therefore, the project would not result in any permanent increase in ambient noise levels. There would be no impact. d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Less-Than-Significant. As discussed under “a” above, the proposed project would involve the use of some noise- generating construction equipment. These types of noise-generating equipment do not operate for extended periods of time and would not exceed any applicable San Mateo County noise standard, during the daytime or the nighttime. Therefore, this temporary increase in ambient noise would not result in a significant increase in noise levels at sensitive receptors. This impact would be less than significant. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Response for Items e and f. Less-Than-Significant. There are multiple airports in San Mateo County (e.g., San Francisco International Airport, Half Moon Bay Airport, and San Carlos Airport), however based on the San Mateo County Comprehensive Airport Land Use Plan, the project site is not included in the planning area (or influence areas) as defined by this plan (City/County Association of Governments of San Mateo County 1996). The project site is not located within 2 miles of any other public airport. Additionally, the proposed project would not include any new residential land uses or permanent structures where people would live or work. It should be noted that there is a small private (dirt) airstrip located approximately 1.75 miles northwest of the project site. Only small aircraft utilize this strip and the use is infrequent. Therefore, because the project site is not located within close proximity to an airport, and the nearby airstrip would not generate substantial noise due to size and frequency of aircraft, the proposed project would not expose people to excessive noise levels from airports. The impact would be less than significant. Ascent Environmental Environmental Checklist Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 3-61 3.13 POPULATION AND HOUSING ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XIII. Population and Housing. Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing homes, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? 3.13.1 ENVIRONMENTAL SETTING According to the US Census Bureau, in 2010 San Mateo County’s population totaled 718,451 with 271,333 total housing units and an occupation rate of 2.72 persons per household. (US Census Bureau 2012) Located in the unincorporated area of San Mateo County, the Preserve and the surrounding area are sparsely populated, with housing consisting mostly of rural residences, farmhouses, and estates. 3.13.2 DISCUSSION a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Less-Than-Significant. The proposed project does not include construction of new housing or commercial business. Therefore, no direct population growth would result from implementation of the proposed project. No additional permanent staff would be needed for operation and maintenance of the proposed project. Although providing additional public open space would better accommodate the existing and future recreational needs of the region, open space is not considered “infrastructure” that can support housing/business growth. These types of infrastructure typically include facilities such as roadways, pipelines, and treatment facilities, which facilitate development. For example, in areas where wastewater treatment is provided exclusively by septic systems, which require a substantial amount of space for leach fields, extension of a sewer line to such an area could facilitate (space necessary for leach fields) higher density development. Opening new open space areas to public use and implementing other components of the proposed Use and Management Plan would not result in infrastructure-support facilities and would neither remove nor create such a barrier to growth. Implementation of the proposed Use and Management Plan would provide a higher quality of life for existing and future residences and visitors of the region. This impact is less than significant. Environmental Checklist Ascent Environmental Midpeninsula Regional Open Space District 3-62 Mindego Ranch Use and Management Plan IS/MND b) Displace substantial numbers of existing homes, necessitating the construction of replacement housing elsewhere? Less-Than-Significant. Implementation of the proposed project would involve demolition of two unoccupied single-family residences and associated structures. These structures are in state of disrepair and are not fit for habitation. Therefore, removal of these unoccupied residential structures would not require construction of replacement housing. The impact is less than significant. c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact. As described under “b” above, existing residences proposed for demolition are currently unoccupied and are in a condition that renders them unfit for habitation. Removal of these structures would not displace any existing residents and there would be no impact. Ascent Environmental Environmental Checklist Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 3-63 3.14 PUBLIC SERVICES ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XIV. Public Services. Would the project: a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? 3.14.1 ENVIRONMENTAL SETTING The District participates in fire protection of the Preserve in collaboration with other agencies, and primarily relies on the jurisdictional fire agencies of CAL FIRE/County of San Mateo Fire Department (CAL FIRE/County Fire) and La Honda Fire Brigade, with first response and support to the jurisdictional fire agencies by District staff. Through CALFIRE's Cooperative Fire Protection Program, San Mateo County has contracted with CALFIRE for Fire Protection since 1962. CAL FIRE/County Fire responds to wildland fires, structure fires, medical emergencies, motor vehicle accidents, hazardous material spills, swift water rescues, cliff rescues, floods, civil disturbances, and earthquakes. CAL FIRE/County Fire operates five fire engines out of four county owned fire stations. These five engines are each staffed with three firefighters, one of which is a paramedic. Additionally, in declared fire season, one wildland engine is staffed at three of those stations, and one bulldozer is staffed at the headquarters station (in San Mateo) (San Mateo County 2012). La Honda Fire Brigade (also called Volunteer Company 57) is a part of the 911 system within the County Fire System. La Honda Fire Brigade, which operates out of Station 57 located at 8945 La Honda Road (within two miles from the project site), is a Basic Life Support Engine Company and responds to several types of non-law- enforcement emergencies, including structure fires, wildland fires, medical aid, vehicle accidents, cliff rescues, hazardous materials incidents, confined space and trench rescues, swift water rescues, as well as several types of storm-related emergencies. La Honda Fire has 16 current members with an authorized strength of 20. The company has two senior officers (a Chief and an Assistant Chief) and three supervising officers (a Captain and two Lieutenants) (La Honda Fire 2012). The District maintains a fire program to assist these agencies with fire response. If a fire occurs on or is threatening District lands, District staff helps establish Incident Command if first on scene, evacuates or closes the Preserves for visitor safety, performs initial attack when safe and effective to do so, provides logistical assistance given staff knowledge of the property, monitors and attacks spot fires, and supplies additional water Environmental Checklist Ascent Environmental Midpeninsula Regional Open Space District 3-64 Mindego Ranch Use and Management Plan IS/MND for primary agency engines. The District operates a maintenance-style water truck for use in providing water for fire suppression. POLICE PROTECTION District rangers are peace officers authorized to carry out duties in patrolling District preserves to promote visitor safety and provide for the protection of the natural resources of the preserves. The District has a total of 25 badged rangers (who have attended a District approved Academy and wear a peace officer badge). In an emergency, any or all of these personnel could be summoned to assist at an incident. The San Mateo Sheriff’s Department is the primary jurisdictional law enforcement agency that provides law enforcement service to unincorporated areas of San Mateo County, including the project site. District staff is responsible for enforcing District regulations most importantly pertaining to vandalism, bicycle speed, bicycle helmets, dogs off leash, dogs in closed area, and parking, whereas the San Mateo County Sheriff’s Department is primarily responsible for criminal enforcement and all other code sections. SCHOOLS The project site is located within the La Honda Pescadero Unified School District. The nearest school is La Honda Elementary School, located at the end of Sears Ranch Road, over 1.5 miles west of the project site boundary.. PARKS Several large open space preserves are located in the vicinity of the project site and the Russian Ridge Open Space Preserve, including the La Honda Creek Open Space Preserve (District Preserve located approximately 2 miles west of the site), Windy Hill Open Space Preserve (District Preserve located approximately 2 miles north of the site), Sam MacDonald and Pescadero Creek County Parks (located approximately 1 mile southwest of the site), and Skyline Ridge Open Space Preserve (District Preserve located approximately 2 miles east of the site), and Wunderlich County Park (located just north of the site). 3.14.2 DISCUSSION a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, or the need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: Fire protection? Less-Than-Significant. The proposed project would decrease risk of wildland fire due to the re-introduction of grazing on the property, which would reduce onsite fuels by controlling vegetation during the fire season, and also due to the demolition of existing dilapidated structures. The proposed project would not increase fire risk because public vehicle access, camping, open fires, camp stoves, and fireworks would be prohibited. See Section 3.9 Hazards and Hazardous Materials, which includes mitigation measures to further reduce impacts related to wildand fire. Implementation of the proposed project would not increase the need for fire protection service such that new or expanded fire service facilities would be necessary. In addition, the proposed project is currently owned by the District and would not affect response times or other performance objectives. The impact would be less than significant. Ascent Environmental Environmental Checklist Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 3-65 Police protection? Less-Than-Significant. Law enforcement service in the vicinity of the project site is currently provided by the San Mateo County Sheriff’s Department (criminal) and District rangers (resource protection). Implementation of the proposed Use and Management Plan would provide limited expansion of public access to areas that are not currently accessed by the public. No structures would be developed on the project site. Most emergency responses would be handled internally by District staff and would not tax other law enforcement agencies. Implementation of the proposed project would not result in increased demand for police protection such that new or expanded facilities are necessary to maintain current service levels. This impact is less than significant. Schools? No Impact. The proposed project does not include development of new residences and therefore would not result in a substantial effect on the permanent population in the area that would increase the demand for educational services. Implementation of the proposed project would have no impact on schools. Parks? Less-Than-Significant. Implementation of the proposed project would provide additional publicly-accessible open space and limited trails (the 0.05-mile existing POST circle driveway). The POST circle driveway is a dead- end trail and does not provide connection to other parks and open space preserves in the area would therefore not increase demand for other parks and open space facilities, such that new or expanded facilities would be required. This impact is less than significant. Other public facilities? No Impact. The proposed project does not include development of new residences and therefore would not result in a substantial effect on the permanent population in the area that would increase the demand for other services such as libraries, community centers, etc. Implementation of the project would have no impact on these other services. Environmental Checklist Ascent Environmental Midpeninsula Regional Open Space District 3-66 Mindego Ranch Use and Management Plan IS/MND 3.15 RECREATION ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XV. Recreation. Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? 3.15.1 ENVIRONMENTAL SETTING As mentioned in Section 3.14 “Public Services” above, there are several large open space preserves and parks located in the vicinity of the project site and the Russian Ridge Open Space Preserve, including the La Honda Creek Open Space Preserve (District Preserve located approximately 2 miles west of the site), Windy Hill Open Space Preserve (District Preserve located approximately 2 miles north of the site), Sam MacDonald and Pescadero Creek County Parks (located approximately 1 mile southwest of the site), and Skyline Ridge Open Space Preserve (District Preserve located approximately 2 miles east of the site), and Wunderlich County Park (located just north of the site). 3.15.2 DISCUSSION a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Less-Than-Significant. As mentioned above in Section 3.14 Public Services, the proposed project would provide additional open space and trails (the 0.05-mile POST circle driveway) to the public. The proposed access to the existing POST circle driveway would not provide connection to other parks and open space preserves in the area would therefore not increase demand for other parks and open space facilities, such that new or expanded facilities would be required. This impact is less than significant. b) Include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? Less-Than-Significant. See the discussion under “a” above. The proposed project would not increase demand for other parks and open space facilities, such that new or expanded facilities would be required and would therefore result in a less than significant impact. Ascent Environmental Environmental Checklist Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 3-67 3.16 TRANSPORTATION/TRAFFIC ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XVI. Transportation/Traffic. Would the project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? 3.16.1 ENVIRONMENTAL SETTING The project site is not accessible by any public roadway. Visitors to the project site would access the site by hiking or riding horseback on Mindego Ridge Trail. Vehicle parking would be provided by the future staging area on Alpine Road that was approved as part of the adjacent Mindego Gateway project. Environmental Checklist Ascent Environmental Midpeninsula Regional Open Space District 3-68 Mindego Ranch Use and Management Plan IS/MND 3.16.2 DISCUSSION a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? Less-Than-Significant. The proposed project provides a trail extension and limited public access onto the Mindego Ranch site. It is not anticipated that the proposed public access to the POST circle driveway would attract substantial additional visitation. No additional District staff are necessary for the proposed project. The cattle ranching operation would result in only a few vehicle trips per week (e.g., no more than 2 one-way trips per day). Therefore, no substantial vehicle trip generation would result. The proposed project would not substantially affect the performance of the circulation system and would therefore not conflict with any applicable transportation plans, ordinances, or policies. The project would result in a less-than-significant impact. b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? Less-Than-Significant. See discussion under “a” above. The proposed project would generate minimal vehicle trips. Therefore the project would not conflict with a congestion management plan, including level of service standards and other standards for roadway/highway congestion management. The impact is less than significant. c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact. Implementation of the proposed project does not involve development of any tall structures and would not alter air traffic patterns. The proposed project would result in no impact. d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? No Impact. No vehicle access would be provided to the project site. Therefore, no traffic hazards would result. The proposed project would result in no impact. e) Result in inadequate emergency access? Less-Than-Significant. To further mitigate the proposed project’s impacts associated with wildland fire, Mitigation Measure 3.8-2a (See Section 3.8 Hazards and Hazardous Materials) requires appropriate emergency access features, including 12-foot-wide gates and 10-foot-radius turnarounds at trailheads. These measures would ensure appropriate emergency vehicle access. The impact is less than significant. Ascent Environmental Environmental Checklist Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 3-69 f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? Less-Than-Significant. As mentioned above under “a”, the proposed project includes limited trail extension and is not expected to substantially affect the number of visitors that would utilize the existing trail network. Therefore, demand for bicycle facilities and other alternative modes of transportation would not be substantially affected by the proposed project. The impact is less than significant. Environmental Checklist Ascent Environmental Midpeninsula Regional Open Space District 3-70 Mindego Ranch Use and Management Plan IS/MND 3.17 UTILITIES AND SERVICE SYSTEMS ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XVII. Utilities and Service Systems. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project’s projected demand, in addition to the provider’s existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? 3.17.1 ENVIRONMENTAL SETTING The two existing onsite residential structures are unoccupied. No active utilities service is currently provided at the project site. Stormwater run-off drains naturally. There is no municipal or other formal drainage system; however, culverts and other drainage facilities convey stormwater flow across or through roadways. The District does not provide regular trash collection services. District ordinance requires users to dispose of refuse brought to the RROSP and prohibits public littering or dumping of any material onto the Preserve. Illegal trash is removed from the Preserve by District staff and properly disposed of. 3.17.2 DISCUSSION a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? No Impact. No restrooms are included as part of the proposed project. No wastewater would be generated. The proposed project would result in no impact related to wastewater treatment requirements. Ascent Environmental Environmental Checklist Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 3-71 b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? No Impact. See discussion under “a” above. The proposed project would result in no impact related to construction of new or expanded wastewater treatment facilities. c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Less-Than-Significant. For the most part, drainage of stormwater runoff occurs naturally on the project site, with the exception of features such as culverts that convey drainage through roadways. The proposed project involves drainage improvements to prevent erosion and improve water quality, installing reverse-grade dips and ditch relief culverts; rocking low-lying segments; replacing a failing culvert along Mindego Hill Trail; and regrading, widening, and installing reverse-grade dips on three critical ranch access roads. Environmental impacts associated with these improvements are evaluated in this IS. Impacts associated with installing these drainage facilities are less than significant. d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? No Impact. No potable water would be available at the project site. Water for cattle troughs would be pumped from onsite springs into proposed water tanks. No water service is required for implementation of the project. Therefore, the proposed project would result in no impact related to water supply capacity. e) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project’s projected demand, in addition to the provider’s existing commitments? No Impact. See discussion under “a” above. The proposed project would result in no impact related to wastewater treatment capacity. f) Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? Less-Than-Significant. A number of dilapidated structures and remnant ranching facilities are proposed for demolition and removal. Demolition of these structures would generate solid waste. Material would be recycled to the greatest extent possible and otherwise hauled to appropriate disposal facilities. Any hazardous material would be abated first per state requirements (see Section 3.9 “Hazards and Hazardous Materials”) and would be disposed of at appropriate hazardous waste disposal facilities. The volume of solid waste generated during demolition would not be substantial. As mentioned under the Environmental Setting, the District does not provide regular trash collection services. Visitors are required to dispose of their own trash. The District prohibits public littering or dumping of any material onto the Preserve. District staff removes any illegal trash, which is typically not substantial in volume, and properly disposes of it. Because implementation of the proposed Master Plan involves very limited generation of solid waste, implementation of the proposed project would not conflict with solid waste regulations and impacts to landfills will be less-than-significant. Environmental Checklist Ascent Environmental Midpeninsula Regional Open Space District 3-72 Mindego Ranch Use and Management Plan IS/MND g) Comply with federal, state, and local statutes and regulations related to solid waste? Less-Than-Significant. As described under “f” above, the proposed project involves very limited solid waste generation and would not conflict with federal, state, and local statutes or regulations related to solid waste. The impact is less than significant. Ascent Environmental Environmental Checklist Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 3-73 3.18 MANDATORY FINDINGS OF SIGNIFICANCE ENVIRONMENTAL ISSUES Potentially Significant Impact Less Than Significant with Mitigation Incorporated Less Than Significant Impact No Impact XVIII. Mandatory Findings of Significance. a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of an endangered, rare, or threatened species, or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) c) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? Authority: Public Resources Code Sections 21083, 21083.5. Reference: Government Code Sections 65088.4. Public Resources Code Sections 21080, 21083.5, 21095; Eureka Citizens for Responsible Govt. v. City of Eureka (2007) 147 Cal.App.4th 357; Protect the Historic Amador Waterways v. Amador Water Agency (2004) 116 Cal.App.4th at 1109; San Franciscans Upholding the Downtown Plan v. City and County of San Francisco (2002) 102 Cal.App.4th 656. 3.18.1 DISCUSSION a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of an endangered, rare, or threatened species, or eliminate important examples of the major periods of California history or prehistory? Less-Than-Significant. As described in the biological resources analysis of this IS (Section 3.4), implementation of the proposed project, including mitigation measures included in this IS/MND, would result in less-than- significant impacts related to biological resources. Natural Resource Management is one of the overarching goals of the proposed project, including protecting and enhancing habitat and wildlife populations. The Environmental Checklist Ascent Environmental Midpeninsula Regional Open Space District 3-74 Mindego Ranch Use and Management Plan IS/MND proposed project does not have the potential to substantially degrade fish or wildlife habitat, adversely affect wildlife populations, or restrict the range of special-status species. Also, as indicated in the cultural resources analysis of this IS (Section 3.5), implementation of the proposed project would not adversely affect existing historic structures and mitigation measures would prevent substantial adverse effects to unknown archaeological resources or human remains. These impacts are considered less than significant. b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) Less-Than-Significant. The proposed project includes very little soil disturbance and does not include construction of new structures or substantial impervious surfaces. The proposed project is designed to protect and enhance existing natural and cultural resources. As indicated throughout this IS/MND, implementation of the proposed project would not result in any individually significant impact. In addition, the effects of the proposed project would not combine with the effects of other past, present, or future projects in a cumulatively considerable fashion. The cumulative impacts associated with the proposed project are less than significant. c) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? Less-Than-Significant. The proposed project does not include any new sources of pollution and would not generally involve the use, handling, or transport of hazardous materials. Demolition of existing structures would be carried out in compliance with existing OSHA and BAAQMD standards for handling of hazardous building materials such as asbestos and lead. This impact is less than significant. Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 4-1 4 REFERENCES ARB. See California Air Resources Board. Ascent Environmental. 2013 (July). Historical Resource Analysis for the Midpeninsula Regional Open Space District Proposed Mindego Ranch Use and Management Plan. Sacramento, CA. Atwill, Robert. 1998. Rangeland cattle and the risk of waterborne Cryptosporidium parvum infection in humans. Proceedings of the Annual Conference of the American Associate of Bovine Practitioners. September 1998, p 62-66. Bankosh, Lisa. Personal Communication. 2013. (September) Lisa Bankosh provided information as part of the review of the administrative document in September 2013. Bay Area Air Quality Management District. 2010. Bay Area 2010 Clean Air Plan. Adopted September 15, 2010. San Francisco, CA. Bay Area Air Quality Management District. 2009. Draft CEQA Guidelines September 2009. Available: http://www.baaqmd.gov/~/media/Files/Planning%20and%20Research/CEQA/Workshop%20Draft%20- %20BAAQMD%20CEQA%20Guidelines%209-2009%20Superseded.ashx?la=en. Best, Timothy C., CEG. 2012 (November). Road and Trail Erosion Inventory: Mindego Ranch Area. Biosearch Associates and Coast Range Biological. 2011 (November). Biotic Assessment for Mindego Gateway Study Area, San Mateo County, CA. Santa Cruz, CA. Biosearch. 2012 (September). San Francisco Garter Snake Habitat Management Plan. Santa Cruz, CA. California Air Resources Board. 2003. HARP User Guide. Sacramento, CA. Available: <http://www.arb.ca.gov/toxics/harp/harpug.htm>. California Air Resources Board. 2010 (April 22). Naturally Occurring Asbestos. Sacramento, CA. Available: <http://www.arb.ca.gov/toxics/asbestos/asbestos.htm>. Accessed June 22, 1010. California Air Resources Board. 2011 (February). Attainment Designations Maps. Available: <http://www.arb.ca.gov/desig/adm/adm.htm>. California Department of Conservation. 2000. A General Location Guide for Ultramafic Rocks in California—Areas More Likely to Contain Naturally Occurring Asbestos. California Division of Mines and Geology Open-File Report 2000-19. Available at: <http://www.arb.ca.gov/toxics/asbestos/geninfo.htm>. California Department of Conservation. 2002. Guidelines for Geologic Investigations of Naturally Occurring Asbestos in California. Special Publication 124. Available: <http://www.consrv.ca.gov/cgs/minerals/ hazardous_minerals/asbestos/Asbestos_Guidelines_SP124.pdf>. California Department of Conservation. 2010. Farmland Mapping and Monitoring Program. California Important Farmland Finder. http://maps.conservation.ca.gov/ciff/ciff.html Accessed June 14, 2013. References Ascent Environmental Midpeninsula Regional Open Space District 4-2 Mindego Ranch Use and Management Plan IS/MND California Geological Survey 2007. Geologic Map of the San Francisco-San Jose Quadrangle. Available: <http://www.quake.ca.gov/gmaps/RGM/sfsj/sfsj.html#>. Accessed April 11, 2012. City/County Association of Governments of San Mateo County (C/CAG). 1996 (December). San Mateo County Comprehensive Airport Land Use Plan. Redwood City, CA. Department of Toxic Substances Control (DTSC). 2013. EnviroStor database. Available at: <http://www.envirostor.dtsc.ca.gov/public/>. Accessed July 17, 2013. Erler & Kakinowski, Inc. 2007 (October). Phase I Environmental Site Assessment and Phase II Investigations Report. Burlingame, CA. EPA 2012. Ground-level Ozone, Health Effects. Available at <http://www.epa.gov/airquality/ozonepollution/ health.html> Accessed May 8, 2012. Geocon Consultants, Inc. 2011. (November) Landfill Remediation Constraints Evaluation. November 9, 2011. Hylkema, Mark G., MA, RPA. 2013 (February). Positive Archaeological Survey Report (PASR) and Finding of No Adverse Effect to Archeological Resources. Sunnyvale, CA. Intergovernmental Panel on Climate Change. 2007. Climate Change 2007: They Physical Basis. Contribution of Working Group I to the Fourth Assessment Report of the IPCC. Geneva, Switzerland. Available: <http://www.ipcc.ch/ipccreports/ar4-wg1.htm >. IPCC. See Intergovernmental Panel on Climate Change. La Honda Fire 2012. La Honda Fire Brigade Web Site. Available at < http://www.lahondafire.org/> Accessed April 2, 2012. LSA Associates. 2012 (February). Mindego Gateway Project Initial Study / Mitigated Negative Declaration. Berkeley, CA. Midpeninsula Regional Open Space District (MROSD). 1993. Regulations for Use of Midpeninsula Regional Open Space District Lands. Revised 2004. Los Altos, CA. MROSD. 2002 (June). San Mateo Coastal Annexation Draft EIR. Los Altos, CA. MROSD. 2003. Service Plan for the Coastside Protection Area. Los Altos, CA. MROSD. 2008 (February). Mitigated Negative Declaration - POST Mindego Ranch Addition to Russian Ridge Open Space Preserve, San Mateo County, CA. Los Altos, CA. MROSD. 2009 (March). Herbicide Application and Invasive Species Control at Mindego Ranch. Los Altos, CA. MROSD. 2011 (October). Resource Management Policies - Midpeninsula Regional Open Space District. Los Altos, CA. MROSD. 2012. MRODS Board Meeting R-12-37. Agenda Item 5. June 13, 2012. Ascent Environmental References Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 4-3 Office of Environmental Health Hazard Assessment (OEHHA). 2001. A Guide to Health Risk Assessment. Available: <http://www.oehha.org/pdf/HRSguide2001.pdf>. Sage Associates. 2012 (October). Mindego Hill Ranch Grazing Management Plan. San Francisco Bay Regional Water Quality Control Board. 2012 (September). Approval of Closure-in-Place. September 28, 2012 San Mateo County. 1985. San Mateo County General Plan. San Mateo County. 2012. San Mateo County Board of Supervisors Meeting Minutes for September 25, 2012 approving Williamson Act Amendment. Redwood City, CA. US Census Bureau. 2012. State & County quick Facts, San Mateo County. Available at: <http://quickfacts.census.gov/qfd/states/06/06081.html>. Accessed April 2, 2012. Zhu, Y., W. C. Hinds, S. Kim, and S. Shen. 2002. Study of Ultrafine Particles Near a Major Highway with Heavy- duty Diesel Traffic. Atmospheric Environment. 36:4323–4335. References Ascent Environmental Midpeninsula Regional Open Space District 4-4 Mindego Ranch Use and Management Plan IS/MND This page intentionally left blank. Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 5-1 5 LIST OF PREPARERS LEAD AGENCY Midpeninsula Regional Open Space District Gretchen Lausten ........................................................................................................................ Co-Project Manager Lisa Bankosh ................................................................................................................................ Co-Project Manager ENVIRONMENTAL CONSULTANT Ascent Environmental, Inc. Gary Jakobs, AICP .......................................................................................................................... Principal-in-Charge Mike Parker, AICP ....................................................................................... Project Manager/Environmental Planner Dimitri Antoniou ............................................................ Assistant Project Manager/Air Quality and Noise Specialist Honey Walters ............................................................................................. Principal Air Quality and Noise Specialist Linda Leeman ....................................................................................................................................... Senior Biologist Amber Giffin ............................................................................................................................ Document Preparation Gayiety Lane ............................................................................................................................ Document Preparation List of Preparers Ascent Environmental Midpeninsula Regional Open Space District 5-2 Mindego Ranch Use and Management Plan IS/MND This page intentionally left blank. !!! !!! !!! !!! R u s s i a nRidge MindegoHill2143' MindegoRanch !!! !!! !!!!!! !!! Mindego Lake Granny Flats Reservoir Big Spring Knuedler Lake Upper Pond £¤84 £¤35 £¤280 Area ofDetail M o n t eBello L a H o n d aCreek W i n d yHill Path: G:\Projects\Russian_Ridge\MindegoUandMPlanCEQA\MindegoCEQAJan22BoardReport\Attachment2_MindegoRanchLocation.mxd Created By: glaustsen !!!Ga teExisting P ubl i c Tr ai l Mid p enins ul a Reg ionalOpen Sp a ce D ist rictNovember 2012 A t t a c h m e n t 2: M i n de g o R a nc h L oc a t i on Barn Corral Old True Residence ^_True Residence Rodgers GulchMindego C reek Min d e g o Creek Mid p e ni ns ula Re gi ona lOpen S p a ce Dis tri ct January, 2014 Path: G:\Projects\Russian_Ridge\MindegoUandMPlanCEQA\MindegoCEQAJan22BoardReport\Attachment3_HabitatEnhancementProjects.mxd Created By: glaustsen 0 0.50.25Miles I (MR O SD ) While the District strives to use the b est available d igital d at a, this d at a does not rep resent a legal survey and is merely a graphic illust ration of geogr aph ic features. R u s s i a n R i d g eOpen S p a c e P r e s e r v e A t t a c h m e n t 3: Ha b i t a t E n h a c e m e n t P r o je c t s MROSD Preserves Other or Private Land Mindego Ranch Property Tra il Pr imar y Ro ad (Yea r-Ro und) Pr imar y Ro ad (S easo na l) ATV A ccess MindegoLake BigSpring UpperPond KnuedlerLake Mindego Hill Trail Proposed Cattle Exclusion Fence Mindego Lake- Drain pond to eradicatenon-native predators Big Spring- Remove sediment and vegetationto increase amount and durationof open water habitat- Install livestock exclusion fence SFGS Conservation Management Unit(660ft Buffer Around Ponds) Knuedler Lake- Remove sediment and vegetationto increase amount and durationof open water habitat- Install livestock exclusion fence Upper Pond- Remove sediment and vegetationto increase amount and durationof open water habitat- Install livestock exclusion fence This map was used by L. Bankosh for U&M Committee meeting, andboard report for (11/13/12) M i n d e go Creek Rodgers Gulch Mindego Creek Mid p e ni ns ula Re gi ona lOpen S p a ce Dis tri ct January, 2014 0 0.650.325MilesI (MR O SD ) While the District strives to use the best available digital dat a, this data does n ot represent a legal survey and is m erely a gr ap hic illustration of geographic features. R u s s i a n R i d g eOpen S p a c e P r e s e r v e Water Line (Proposed) Trough (Proposed)Trough Water Tank (Proposed)Water Tank !<·< !'!' A t t a c h m e n t 4: G ra zi ng I n fra st ru c t u r e MROSD Preserves Other or Private Land Mindego Ranch Property Acc ess Ro ad Ex isting F ence Mindego Hill Trail Cu esta L a H on da Gu il dWatershed Fence/C or ra l (Pr op o sed) Sum mer Past ures Wint er Past ures MindegoLake BigSpring UpperPond KnuedlerLake !( !!! !!!!!! !!! !!! !!! !!! !!! !!! !!! !!! !!! !!! Mid p e ni ns ula Re gi ona lOpen S p a ce Dis tri ct At t a c hm e n t 5 : P u b l i c A c c e s s January, 2014 0 0.50.25MilesI (MR O SD ) Pr o po sed Pub lic A ccess While the District strives to use the best available digital dat a,this data does n ot represent a legal survey and is m erely agraphic illustration of geographic features. Mi nd ego Ranc h Pr op ert y MR OS D Pres erves Pr imar y Ro ad (Yea r-Ro und) Pr imar y Ro ad (S easo na l) ATV A ccess !R Co unc il C ir cle !!!MR OS D G at e Ot her P ubli c A genc y Pr i vat e Pr o per ty !!! SF YouthAuthority Council Circle Detail Conservation Management Unit(660ft Buffer Around Ponds) Mindego Hil l Trail !!!MR OS D G at e (Pr op os ed) Mindego Creek KnuedlerLake UpperPond MindegoLake BigSpring Attachment 6 Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 1 MITIGATION MONITORING PROGRAM MITIGATION MONITORING PROGRAM CONTENTS This mitigation monitoring program (MMP) includes a brief discussion of the legal basis and purpose of the program, a key to understanding the monitoring matrix, discussion and direction regarding noncompliance complaints, and the mitigation monitoring matrix itself. LEGAL BASIS AND PURPOSE OF THE MITIGATION MONITORING PROGRAM Public Resources Code (PRC) 21081.6 requires public agencies to adopt mitigation monitoring or reporting programs whenever certifying an environmental impact report or mitigated negative declaration. This requirement facilitates implementation of all mitigation measures adopted through the California Environmental Quality Act (CEQA) process. MONITORING MATRIX The following page provides a table identifying the mitigations incorporated into the Mindego Ranch Use and Management Plan (the project). These mitigations are reproduced from the Initial Study/Mitigated Negative Declaration (IS/MND) for the project. The columns within the tables have the following meanings: Number: The number in this column refers to the Initial Study section where the mitigation is discussed. Mitigation: This column lists the specific mitigation identified within the Mitigated Negative Declaration. Timing: This column identifies at what point in time, review process, or phase the mitigation will be completed. The mitigations are organized by order in which they appear in the Mitigated Negative Declaration Who will verify? This column references the District department that will ensure implementation of the mitigation. Verification: This column will be initialed and dated by the individual designated to confirm implementation. NONCOMPLIANCE COMPLAINTS Any person or agency may file a complaint asserting noncompliance with the mitigation measures associated with the project. The complaint shall be directed to the District’s General Manager in written form, providing specific information on the asserted violation. The General Manager shall cause an investigation and determine Mitigation Monitoring Program Ascent Environmental 2 Mitigation Monitoring Plan the validity of the complaint; if noncompliance with a mitigation measure has occurred, the General Manager shall cause appropriate actions to remedy any violation. The complaint shall receive written confirmation indicating the results of the investigation or the final action corresponding to the particular noncompliance issue. Ascent Environmental Mitigation Monitoring Program Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 3 Impact Mitigation Measure(s) Timing Monitoring Responsibility – District Department Verification (Date & Initials) Mitigation in Section III Air Quality Mitigation Measure 3.3-1 The District shall require all its construction contractors to implement the following basic construction mitigation measures. This measure incorporates Mitigation Measure AIR-1 of the Coastal Protection Program EIR. (The measures below provide updated consistency with BAAQMD regulations.) Basic Construction Mitigation Measures  All exposed and un-compacted surfaces (e.g., staging areas, soil piles, and graded areas,) shall either be watered two times per day or covered with mulch, straw, or other dust control cover.  All haul trucks transporting soil, sand, or other loose material off-site shall be covered.  All visible mud or dirt track-out onto adjacent public roads shall be collected and removed at least once per day. The use of dry power sweeping is prohibited.  All vehicle speeds on unpaved roads shall be limited to 15 miles per hour (mph).  All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding, dust control covers, or soil binders are used.  Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measures (ATCM) Title 13, Section 2485 of California Code of Regulations). Clear signage shall be provided for construction workers at all access points.  All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.  Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. BAAQMD’s phone number shall also be visible to ensure compliance with applicable regulations. During construction MROSD Operations (Resource Specialist) with Planning PM Mitigation Monitoring Program Ascent Environmental Midpeninsula Regional Open Space District 4 Mindego Ranch Use and Management Plan IS/MND Impact Mitigation Measure(s) Timing Monitoring Responsibility – District Department Verification (Date & Initials) Mitigation in Section IV Biological Resources Mitigation Measure 3.4-1 The District shall implement the following measures to avoid and minimize impacts to San Francisco garter snake, California red-legged frog, and western pond turtle. This measure incorporates Mitigation Measures BIO 1b, 1j, and 1l of the Coastal Protection Program EIR. (The measures below provide specificity to protections for San Francisco garter snake, California red-legged frog and western pond turtle for habitat enhancement actions.)  Because San Francisco garter snake is Fully Protected, no take can be authorized under the Fish and Wildlife Code. Take is defined in Section 86 of the Fish and Wildlife Code as "hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill." Habitat enhancement activities must ensure that no snakes are taken during implementation.  Because San Francisco garter snake and California red-legged frog are federally protected and habitat enhancement activities may affect them, USFWS shall be consulted as required by the Endangered Species Act. Because potential impacts to aquatic habitat may also require a Section 404 permit from the U.S. Army Corps of Engineers (USACE) (see Discussion under “C” below and Mitigation Measure BIO 4), consultation with USFWS would occur during the recovery permit process (under Section 10 of the ESA).  The District shall implement all conservation measures included in the Biological Opinion issued by USFWS as a result of the consultation to minimize potential impacts to San Francisco garter snake and California red- legged frog.  Conservation measures shall include: o Speed Limits. Prior to and during construction activities (including maintenance-related construction). Use of vehicles on Mindego Ranch should be strictly controlled by the District to avoid potential take of San Francisco garter snake and California red-legged frog. Other than emergencies, access should be limited to necessary patrols and authorized persons that follow a 5-mph speed limit within 2,000 feet of Mindego Lake, Knuedler Lake, Upper Pond or Big Spring. MROSD Operations Dept. (Resource Specialist) with Planning PM in consultation with USFWS and CDFW, as necessary. Ascent Environmental Mitigation Monitoring Program Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 5 Impact Mitigation Measure(s) Timing Monitoring Responsibility – District Department Verification (Date & Initials) o Worker Education Seminar. o Prior to conducting any action that may negatively affect listed species, all staff, contractors and persons associated with the project must attended a worker-education seminar delivered by a qualified District biologist or other qualified biologist. The seminar will include written information regarding identification, natural history, legal status, onsite observations, and related information. Names and phone numbers of the biological monitors and CDFW and USFWS contacts should be included in the written information. The District should maintain a signature sheet to document compliance, which will be made available upon request. Pre-activity Surveys. o Prior to ground disturbing actions, pre-activity surveys shall be conducted by a qualified biologist to search for San Francisco garter snake during periods when they are active, and to minimize affecting potential San Francisco garter snake cover-sites and hibernacula during all times of the year. Biological Construction Monitoring. A qualified biologist shall conduct a pre-activity survey for San Francisco garter snake and California red- legged frog and western pond turtle prior to implementing actions that include ground disturbance or other activities that could otherwise harm either species. The biological monitor shall oversee compliance with this plan and all associated permits and should be the point of contact for regulatory agencies, if needed. If protected species are observed within the study area by anyone involved in the project, work shall cease and the animal will be allowed to move out of the area under its own motivation, and under the direct observation of the biological monitor (if feasible). If a western pond turtle nest is discovered, CDFW will be contacted for guidance to protect such a unique resource. Relocation of any protected species to the nearest appropriate habitat will not be conducted, unless specifically authorized by the regulatory agencies. Mitigation Monitoring Program Ascent Environmental Midpeninsula Regional Open Space District 6 Mindego Ranch Use and Management Plan IS/MND Impact Mitigation Measure(s) Timing Monitoring Responsibility – District Department Verification (Date & Initials) Mitigation Measure 3.4-2 Prior to demolition of structures, surveys for roosting bats within the structures will be conducted by a qualified biologist. Surveys will consist of a daytime pedestrian survey looking for evidence of bat use (e.g., guano) and/or an evening emergence survey to note the presence or absence of bats. The type of survey will depend on the condition of the buildings. If no bat roosts are found, then no further study is required. If evidence of bat use is observed, the number and species of bats using the roost will be determined. Bat detectors may be used to supplement survey efforts, but are not required. If roosts of pallid bats are determined to be present and must be removed, the bats will be excluded from the roosting site before the structure is removed. A program addressing compensation, exclusion methods, and roost removal procedures will be developed in consultation with DFG before implementation. Exclusion methods may include use of one-way doors at roost entrances (bats may leave but not reenter), or sealing roost entrances when the site can be confirmed to contain no bats. Exclusion efforts may be restricted during periods of sensitive activity (e.g., during hibernation or while females in maternity colonies are nursing young). The loss of each roost (if any) will be replaced in consultation with DFG and may include construction and installation of bat boxes suitable to the bat species and colony size excluded from the original roosting site. Roost replacement will be implemented before bats are excluded from the original roost sites. MROSD has successfully constructed bat boxes elsewhere that have subsequently been occupied by bats. Once the replacement roosts are constructed and it is confirmed that bats are not present in the original roost site, the structures may be removed or sealed. The District shall implement the following measures to avoid and minimize impacts to San Francisco dusky-footed woodrat and American badger. This measure incorporates Mitigation Measures BIO-1a, BIO-1b, BIO-1c, BIO-1d, BIO-1f, and BIO-1j of the Coastal Protection Program EIR. (The measures below provide specificity to protections for San Francisco dusky-footed woodrat and American badger.)  Within 30 days prior to project construction, a qualified biologist shall inspect the work area and adjacent areas within 50 feet for woodrat houses and badger dens. If none are found, then no additional measures are necessary. Prior to demolition and construction activities. MROSD Operations Dept. (Resource Specialist) with Planning PM in consultation with CDFW, as necessary. Ascent Environmental Mitigation Monitoring Program Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 7 Impact Mitigation Measure(s) Timing Monitoring Responsibility – District Department Verification (Date & Initials)  If a woodrat house is identified within 50 feet of the work area, an exclusion zone shall be erected around the existing woodrat houses using flagging or a temporary fence that does not inhibit the natural movements of wildlife (such as steel T-posts and a single strand of yellow rope or similar materials). The work area shall be relocated as necessary to avoid impacting woodrat houses, even if avoidance is by only a few feet. If woodrat houses cannot be avoided by the trail, CDFW shall be contacted for approval to relocate individuals by live-trapping and building a nearby artificial house as a release site. Approval to relocate shall be acquired from CDFW.  If an occupied badger burrow is identified within 50 feet of the work area, the trail shall be relocated as necessary to avoid impacting the animal or its den. If an active natal den is discovered, work shall cease and a qualified biologist or District staff shall monitor the site until the young have dispersed. Mitigation Measure 3.4-3 The District shall implement the following measures to avoid and minimize impacts to special-status plants. This measure incorporates Mitigation Measures BIO-1a, BIO-1b, BIO-1d, and BIO-1j of the Coastal Protection Program EIR. (The measures below provide specificity to protections for special-status plants.)  The District shall utilize qualified District staff or a contractor to conduct protocol-level preconstruction special-status plant surveys for all potentially occurring species within the project footprint that has not previously been surveyed. Prior to ground-disturbance or vegetation management in potentially suitable habitat, surveys shall be conducted during the appropriate blooming period when they are most readily identifiable in accordance with Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities (DFG 2009). If no special-status plants are found during focused surveys, the findings shall be documented in a letter report, and no further mitigation shall be required.  If special-status plant populations are present in the project footprint, the District shall determine if the population can be avoided by adjusting the project design. Preconstruction MROSD Operations Dept. (Resource Specialist) with Planning PM in consultation with USFWS and CDFW, as necessary. Mitigation Monitoring Program Ascent Environmental Midpeninsula Regional Open Space District 8 Mindego Ranch Use and Management Plan IS/MND Impact Mitigation Measure(s) Timing Monitoring Responsibility – District Department Verification (Date & Initials)  If the impact to special-status plants cannot be avoided, the District shall consult with CDFW and USFWS, as appropriate depending on species status, to determine the appropriate measures to ensure no net loss of occupied habitat or individuals. These measures may include preserving and enhancing existing populations, creation of off-site populations on project mitigation sites through seed collection or transplantation, and/or restoring or creating suitable habitat in sufficient quantities to achieve the no-net-loss standard. Mitigation Measure 3.4-4 The District shall implement the following measures to avoid and minimize impacts to wetlands and other waters of the United States. This measure incorporates Mitigation Measure BIO-1j of the Coastal Protection Program EIR. (The measures below provide specificity to protections for wetlands and waters of the United States.)  Where wetlands or other waters of the United States could be affected by draining ponds, dredging sediment and vegetation, installation of grazing infrastructure, erosion and damage repair along roadways, or other activities, a preliminary wetland delineation shall be submitted to USACE for verification. The wetlands may also be subject to CDFW regulation under Section 1602 of the Fish and Game Code. No grading, fill, or other ground disturbing activities shall occur until all required permits, regulatory approvals, and permit conditions for effects on wetland habitats are secured.  If the wetlands are determined to be subject to USACE jurisdiction, projects such as restoration activities or trail or road crossings may qualify for a Nationwide Permit if certain criteria are met. For those wetlands that cannot be avoided, the District shall commit to replace, restore, or enhance on a “no net loss” basis (in accordance with USACE, RWQCB, and CDFW) the acreage of all wetlands and other waters of the United States that would be removed, lost, and/or degraded with project implementation. Wetland habitat shall be restored, enhanced, and/or replaced at an acreage and location and by methods agreeable to USACE, RWQCB, and CDFW, as appropriate, depending on agency jurisdiction, and as determined during the permitting processes. Prior to construction activities near or within a wetland or other waters of the U.S. MROSD Operations Dept. (Resource Specialist) with Planning PM in consultation with USACE and CDFW, as necessary. Ascent Environmental Mitigation Monitoring Program Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 9 Impact Mitigation Measure(s) Timing Monitoring Responsibility – District Department Verification (Date & Initials) Mitigation in Section V Cultural Resources Mitigation Measure 3.5-1 The District shall implement Mitigation Measure CUL-2 from the Coastal Protection Program EIR: Protocol for Unexpected Discovery of Archaeological and Paleontological Cultural Materials. In the event that any cultural resources are exposed during construction, work at the location of the find will halt immediately within 10 meters (30 feet) of the find. If an archaeologist is not present at the time of the discovery, the District will contact an archaeologist for identification and evaluation in accordance with CEQA criteria. A reasonable effort will be made by the District and archaeologist to avoid or minimize harm to the discovery until significance is determined and an appropriate treatment can be identified and implemented. Methods to protect finds include fencing, covering remains with protective material and culturally sterile soil or plywood. If vandalism is a threat, 24-hour security shall be provided. During this evaluation period, construction operations outside of the find location can continue preferably with an archaeologist monitoring any subsurface excavations. If the resource cannot be avoided, the archaeologist will develop an appropriate Action Plan for treatment within 48 hours to minimize or mitigate the adverse effects. The District will not proceed with construction activities that could affect the discovery until the Action Plan has been reviewed and approved. The treatment effort required to mitigate the inadvertent exposure of significant cultural resources will be guided by a research design appropriate to the discovery and potential research data inherent in the resource in association with suitable archaeological field techniques and analytical strategies. The recovery effort will be detailed in a professional report in accordance with current archaeological standards. Any non-grave associated artifacts will be curated with an appropriate repository. Prior to and during construction MROSD Operations Dept. (Resource Specialist) with Planning PM Mitigation Monitoring Program Ascent Environmental Midpeninsula Regional Open Space District 10 Mindego Ranch Use and Management Plan IS/MND Impact Mitigation Measure(s) Timing Monitoring Responsibility – District Department Verification (Date & Initials) Mitigation Measure 3.5-2 The District shall implement Mitigation Measure CUL-3 from the Coastal Protection Program EIR: Native American Burial Plan (NABP) 1) In the event of an inadvertent discovery of human remains and cultural items during project construction, the field crew supervisor shall take immediate steps, if necessary, to secure and protect any remains and cultural materials. This shall include but is not limited to such measures as (a) temporary avoidance by construction until the remains and items can be removed; (b) posting a security person; (c) placement of a security fence around the area of concern; or, (d) some combination of these measures. Any such measures employed will depend upon the nature and particular circumstances of the discovery. Prior to and during construction MROSD Operations Dept. (Resource Specialist) with Planning PM 2) The County Medical Examiner (Coroner) shall be notified by the field crew supervisor or other designated District manager and informed of the find and of any efforts made to identify the remains as Native American. If the remains are identified as a prehistoric Native American by either a professional archaeologist under contract to the District or the Medical Examiner’s forensic archaeologist, the Medical Examiner is responsible for contacting the Native American Heritage Commission (NAHC) within 24 hours of notification of the find. The Medical Examiner may choose to document and remove the remains at his/her discretion depending on the circumstances of the discovery. The NAHC then designates and notifies a Most Likely Descendant (MLD). The MLD has 24 hours to consult and provide recommendations for the treatment or disposition, with proper dignity, of the human remains and grave goods [Note: Other culturally affiliated Native Americans [Indians] may be consulted by the MLD during the consultation and recommendation process to determine treatment of the skeletal remains]. 3) Each burial and associated cultural items shall be stored as a unit in a secure facility, which shall be accessible to the MLD and other Native American representative(s) or their designated alternates upon prior arrangement. Ascent Environmental Mitigation Monitoring Program Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 11 Impact Mitigation Measure(s) Timing Monitoring Responsibility – District Department Verification (Date & Initials) 4) The remains and associated cultural items shall be reburied in a secure location as near as possible to the area of their discovery or at an off-site location acceptable to the MLD that has minimal potential for future disturbance. The reburial shall be done in a manner that shall discourage or deter future disturbance. Reburial shall be conducted by persons designated by the MLD, with the assistance, if requested, of the District’s field crew. The location shall be fully documented, filed with the NAHC and the California Historical Resources Information System, Northwest Information Center, California State University, Sonoma and treated as confidential information. 5) If the NAHC is unable to identify a MLD, or the MLD fails to make a recommendation, or the District or designate rejects the recommendation of the MLD and mediation (as per Section 5097.94 subdivision (k)) fails, reinterment of the human remains and associated cultural items associated shall take place with appropriate dignity on the property in a location not subject to further subsurface disturbance. 6) For security reasons, no news releases, including but not limited to photographs, videotapes, written articles, or other such means that contains information about human remains or burial-related items of Native American origin shall be released by any party during the discovery, recovery and reburial unless approved by the MLD. 7) Any disputes that arise among the MLD and representatives of affected Native American groups and/or between the District or designate and the MLD concerning cultural affiliation or the ultimate disposition of Native American human remains and associated funerary objects and unassociated funerary objects shall be resolved according to the dispute resolution procedures in Section 5097.94 of the State of California Public Resources Code. 8) The Archaeological Data Recovery/Native American Burial Treatment Report(s) shall be prepared by professional archaeologists. The report shall include, but not be limited to, the following: project overview; ethnographic section; previous archaeological research in the region and on-site; circumstances of discovery; recovery procedures and techniques; artifact analysis; faunal analysis; osteological analysis and interpretation; and, conclusions. The MLD and other interested Native American representative(s) shall be provided an opportunity to review the report and submit comments within the same time period as accorded any other reviewers. Mitigation Monitoring Program Ascent Environmental Midpeninsula Regional Open Space District 12 Mindego Ranch Use and Management Plan IS/MND Impact Mitigation Measure(s) Timing Monitoring Responsibility – District Department Verification (Date & Initials) 9) Objects not associated with the human remains and recovered from private land shall be transferred to the District. If curation of any objects is required, curation will be at repository approved by the District. Repositories can include the History Museums of San Jose collections, the Tiburon Archaeological Research Group, San Francisco State University and the Collections Facility, Department of Anthropology, Sonoma State University, Rohnert Park. Mitigation in Section VIII Hazards and Hazardous Materials Mitigation Measure 3.8-1 The District shall designate the corral area as a “closed area” and install signs to alert the public and District staff that the area is closed. After the corral area remediation is completed according to RWQCB (and/or DTSC) standards, the signage may be removed from the corral area. The District shall also enforce the access restrictions and note the restrictions on District Preserve maps. Prior to opening land to public access MROSD Administration and Operations depts. Mitigation Measure 3.8-2a The District shall implement the following applicable mitigation measures incorporated directly from the Coastal Protection Program EIR:  The District shall select indigenous plant materials and/or seed mixes utilized along trails for their low maintenance and drought and fire resistant characteristics to minimize additional fuel available to wildland fires to the extent feasible. (Coastal Protection Program EIR Mitigation HAZ-2a)  The District shall limit trail use to low-intensity hiking, bird watching, bicycling, equestrian use, environmental education and other similar low hazard uses, and prohibit smoking, camping, picnicking, fireworks and off- road vehicle use. (Coastal Protection Program EIR Mitigation HAZ-2e) Prior to opening land to public use; ongoing project oversight thereafter MROSD Operations Dept. (Resource Specialist) with Planning PM Ascent Environmental Mitigation Monitoring Program Midpeninsula Regional Open Space District Mindego Ranch Use and Management Plan IS/MND 13 Impact Mitigation Measure(s) Timing Monitoring Responsibility – District Department Verification (Date & Initials) Mitigation Measure 3.8-2b To further reduce the potential for wildland fire ignition beyond the Coastal Protection Program EIR mitigation, the following additional mitigation measure is required:  In order to reduce fire ignition risk, the District currently requires the following measures for all maintenance and construction activities within the Preserve: o All equipment to be used during construction and maintenance activities must have an approved spark arrestor. o Grass and fuels around construction sites where construction vehicles are allowed to be parked will be cut or reduced. o Mechanical construction equipment that can cause an ignition will not be used when the National Weather Service issues a Red Flag Warning for the San Francisco Bay Area. o Hired contractors will be required to: - Provide water and/or fire extinguisher to suppress potential fires caused by the work performed. - Remind workers that smoking is prohibited at the work site and on any District land per contract conditions and District Ordinance. - Maintain working ABC fire extinguishers on all vehicles in the work area. - Contact both Mountain View Dispatch at (650) 968-4411 and CAL FIRE, Skylonda, at (650) 851-1860 for emergency response in the event of a fire. Prior to opening land to public use; ongoing project oversight thereafter MROSD Operations Dept. (Resource Specialist) with Planning PM ATTACHMENT 7 RESPONSE TO COMMENTS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Mindego Use and Management Plan Initial Study/Mitigated Negative Declaration January 22, 2014 Pursuant to CEQA Guideline 15073, the Initial Study and Mitigated Negative Declaration (IS/MND) were circulated for public review. The public comment period began on November 26, 2013 and concluded on January 6, 2014. The IS/MND was distributed in compliance with CEQA and also posted on the District’s website. The purpose of this document is to respond to comments pertaining to the potential for significant effect on the environment as a result of implementation of the Mindego Use and Management Plan. During the public comment period, comments were received from two agencies. This document responds to those comments, which are attached to this Response as Exhibit A. Corrections to the Draft IS/MND in response to the comments received, or necessary to amplify or clarify material in the Draft IS/MND, are included in the responses. Underlined text represents language that has been added to the Draft IS/MND; text with strikeout has been deleted from the Draft IS/MND. Response to Commenter 1: Cuesta La Honda Guild Dear Mr. Cain and Guild Board of Directors, Thank you for your comments regarding the Mindego Use and Management Plan (U & M Plan) Amendment. The Draft Initial Study/Mitigated Negative Declaration (IS/MND, SCH# 2013112067) analyzing potential environmental impacts associated with implementation of the U&M Plan Amendment was published on November 26, 2013 and the public comment period ended on January 6, 2014. This memorandum has been prepared to respond to the Cuesta La Honda Guild’s (Guild) comments, dated January 4, 2014, regarding the reintroduction of cattle grazing to Mindego Ranch and potential impacts to downstream water quality. The Guild’s concerns are focused on the potential for off-site transport of Cryptosporidium oocytes (fecal pathogens) from Big Springs and Mindego Lake to Mindego Creek, where the Guild maintains a drinking water diversion during the months of October through May. Water quality measures included in the U&M Plan Amendment reduce the risk of pathogen transport during the period of diversion to the point we believe there is no foreseeable risk of water supply contamination, while still allowing cattle within the watershed during the summer months. Grazing must occur within the pastures adjacent to Mindego Lake and Big Spring to maintain suitable habitat for the federally-endangered San Francisco garter snake (San Francisco Garter Snake Habitat Management Plan, pg. 28). Moreover, these key summer pastures are required to support an economically viable grazing operation. Since no cattle will be present in the watershed during the period of water diversion, the potential for fecal pathogens to enter the Guild’s water supply is eliminated. The Guild requests modifications to the proposed water quality measures, which are addressed below. Furthermore, the District understands that the Guild must test source water for Cryptosporidium oocytes on a monthly basis, even summer months when water is not being ATTACHMENT 7 diverted, and that detection could trigger costly improvements to the water system. In response to this new information, the District proposes an additional measure to prevent pathogen transport in the dry season. 1) The first of the Guild’s comments concerns the system of natural barriers and fencing that exclude livestock from the Mindego Creek watershed. The majority of the watershed boundary is characterized by a steep, clifflike drop and dense, impenetrable scrub vegetation. A livestock herd that grazes a property permanently year-round, such as the small herd of female cows that are proposed to graze Mindego Ranch (as opposed to the male stock animals of a seasonal operation), habitually graze areas that are easily accessed from their holding field and water sources, and typically do not range outside of their readily available pastureland. However, in areas of gentler terrain and less dense vegetation, as in the western portion of the property boundary, additional fencing is necessary to be absolutely certain that the herd is contained. For this reason, additional fencing is proposed as part of the U&M Plan Amendment (see Exhibit 2-4 of the IS/MND). The District believes that, with the additional fencing, the natural barrier system will be completely effective in restricting cattle to the winter pastures. However, the Guild further suggests that additional fencing be installed within summer pastures to prevent cattle from accessing Big Spring and Mindego Lake at any time. As discussed above, well-managed grazing in this area is required to maintain suitable habitat conditions for sensitive aquatic species. However, in response to the Guild’s suggestion, and recognizing that Cryptosporidium is primarily carried by young calves, calves will be excluded entirely from Mindego Lake and Big Spring at all times via existing pasture fencing (Figure 1). This is a new proposed additional measure in response to the Guild’s concerns. Calves are born during the months of August through October. The following modification will be made to pg 2-8 of the IS/MND (strikeout = text removed; underline = text added) and incorporated into the Grazing Management Plan. Calves will be excluded entirely from Mindego Lake and Big Spring at all times via existing pasture fencing. 2) The second of the Guild’s comments requests that the District define “regular monitoring” of the grazing operation and describe what actions would be taken to recover missing cattle. In response to this request, the following modification is made to the second bullet point on pg 2-8 of the IS/MND and incorporated in the Grazing Management Plan: Monitoring shall occur weekly during the rainy season and at least 2 days per week during the calving season. Should livestock be detected in summer pastures between September 1 and May 31, or calves detected in ponds at any time, the District will notify the Guild and immediately take actions necessary to secure the animals in a holding pasture until the location of the breach can be identified and repaired. 3) The final Guild comment points out that the District does not currently have a plan to test the herd for Cryptosporidium. This is correct. As described herein and within the IS/MND, the District will implement measures to avoid the risk of pathogen ATTACHMENT 7 contamination to Mindego Creek. First, no cattle will be present in the watershed during the period of water diversion. Additionally, calves, the primary source of the pathogen, will be excluded entirely from Mindego Lake and Big Spring. With the implementation of these measures, the District does not believe monitoring the herd for Cryptosporidium is necessary. As stated in the District’s correspondence to the Guild dated November 25, 2013, in the unlikely event that Cryptosporidium spores are detected through the Guild’s required testing, and the source species is identified as cattle, the District will take immediate action to restrict the herd to a secure holding field, conduct Cryptosporidium testing, and remove infected cattle from the ranch. The District strives to maintain and improve watershed health and water quality through its land management programs, and is committed to the protection of rare and endangered species. With adoption of the Coastside Protection Program in 2004, the District also committed to support agriculture within the San Mateo County coastal region by preserving and fostering existing and potential agricultural operations on all suitable lands. The Mindego property has a long history as a cattle ranch, beginning in 1859 and continuing until the temporary suspension of grazing in 2008, and is zoned to allow for livestock grazing. Continuing this operation is a high priority in a region where economic opportunities for ranchers are increasingly scarce. Furthermore, Mindego Ranch is subject to a Williamson Act contract with San Mateo County that restricts the use of the land to agricultural and open space uses, and requires the land to be in active agricultural/grazing ATTACHMENT 7 use. Finally, as part of the Coastal Protection Program, the District entered into a Memorandum of Understanding with the San Mateo County Farm Bureau that ensures that all District actions on the Coastside which may impact agricultural operations are vetted by local farmers and ranchers. Through this process, the Farm Bureau has urged the importance of maintaining Mindego Ranch in active agricultural use. We feel that the U&M Plan addresses the complex stewardship of Mindego Ranch, and, with extensive input from our partners and stakeholders, has achieved the necessary balance among the District’s many management goals while remaining protective of your watershed. We look forward to continuing to work closely with the Guild as the U&M Plan is implemented. Response to Commenter 2: San Mateo County Resource Conservation District Dear Ms. Kellyx Nelson, Thank you for your comments regarding the Mindego Use and Management Plan (U & M Plan) Amendment. The Draft Initial Study/Mitigated Negative Declaration (IS/MND, SCH# 2013112067) analyzing potential environmental impacts associated with implementation of the U&M Plan Amendment was published on November 26, 2013 and the public comment period ended on January 6, 2014. This memorandum has been prepared to respond to the San Mateo County Resource Conservation District comments, dated January 2, 2014, expressing support for the U&M Plan and offers partnership to the District on habitat enhancement and other actions as appropriate. The Resource Conservation District (RCD) and the District share a common goal of protecting and restoring natural resources. The District greatly appreciates the opportunity to partner with the RCD on implementation of the U&M Plan habitat enhancement actions. Specifically, the District looks forward to exploring opportunities to partner with the RCD to expand our existing knowledge and expertise on actions such as pond restoration and enhancement. ATTACHMENT 7 EXHIBIT A COMMENT LETTERS Cuesta La Honda Guild Common Intercst Development Professionally managed by ft6i*unug" January 4,2OL4 Ms. Lisa Bankosh Project Manager Midpeninsula Regional Open Space District Subject: lnitialStudy/Mitigated Negative Declaration for the Mindego Ranch Use and Management Plan The Board of Directors of Cuesta La Honda Guild appreciates the opportunity to comment on the Use and Management Plan for Mindego Ranch (the Plan). As we have expressed in previous correspondence to Midpeninsula Regional Open Space District (the District), the Guild's principal concern is the protection of Mindego Creek, which is a vitalsource of drinking water to the community. The Guild considers the re-introduction of cattle onto the property as a potential source of Cryptosparidium contamination to Mindego Creek. Cryptosporidium is a small single-celled protozoan parasite that lives in the intestinal tract of mammals. lnfection occurs by fecal-oral transmission and causes gastrointestinal illness in humans. Severe infections can be chronic in young children and in adults with compromised immune systems. lnfected humans and animals shed thickly walled oocysts that can survive outside of the body for extended periods of time. Cryptosporidium is particularly prevalent in waters contaminated with animal and human waste. Testing for the presence of Cryptosporidium is mandated for all water districts in California that utilize surface waters under provisions of the Long term Surface Water Treatment Rule 2 (California Department of Public Health). The Guild completed the required yearlong testing schedule in 2011with no detection s of Cryptosporidium oocysts. The Guild will be required to conduct another round of testing in 2015, and every 6 years, thereafter. Federal and State drinking water regulations require that water systems that utilize surface waters as a source of drinking water have filtration and disinfection methods that will remove and killat least 99% of the Cryptosporidium oocysts. The oocysts are resistant to chlorination, the disinfection method used by the Guild's drinking water system. Therefore, detection of any oocysts in the source water could trigger a requirement by the State for the Guild to implement additional, expensive treatment methods, such as ultraviolet irradiation or ozone, to meet the regulatory requirement. Our reading of some of the literature suggests that information on linkages among infection rates in cattle, hydrologic transport, and human health risk is not well established. For example, infection rates in calves of range herds are variable, but it is not unusual for tO-2OYo of the tested calves to harbor the Comprehensive Community Management Solutions Page I 7655 Redwood Blvd., #100, Novato, CA 94945 . P: 866-473-2573. F: 415-367-9045 . service@realmanage.com Cuesta La Honda Guild parasite (Atwill). The risk of contamination of surface water is not well documented, but at least one study indicated that oocysts can be transported from feces during rainfall events (Tate et al. 2000). The extent of transport to surface waters and risk to human health may be largely determined by site- specific factors, including hillside slope. The Guild's concerns can be appreciated when placed into the hydrological setting. The Guild possesses appropriative water rights to Mindego Creek for direct use and storage. We are entitled to divert water from October to the end of May from a point of diversion situated roughly 0.25 mile downstream of the confluence of Big Springs Creek and Mindego Creek. Maps in the Plan illustrate the hydrological connection between Big Springs Creek and Mindego Creek. Big Springs is a source of water to Big Springs Creek which conveys its flow via a steep, incised channel to Mindego Creek. Furthermore, the position of Mindego Lake relative to Big Springs Creek suggests that shallow groundwater discharge from Mindego Lake might flow to Big Springs. Thus, the possibility exists for a continuous groundwater- surface water connection between Mindego Lake and Mindego Creek. With this in mind, the Guild's concerns are focused on the potential for off-site transport of Cryptosporidium oocytes to Mindego Creek. District staff met with the Board of Directors of Cuesta La Honda Guild, twice, to present the proposed Use and Management Plan and to invite comments. ln response to the Guild's concerns, District planners incorporated additional measures into the grazing plan to reduce the risk of contamination of Mindego Creek by Cryptosporidium. The Guild commends the District for making these changes. However, there are several aspects of the Plan that the Guild believes should be strengthened. The protection of water quality of Mindego Creek is based in part on an adaptive management strategy, which would react to issues and failures in the current grazing plan. We highlight several of these, below, and suggest that the Plan should be more proactive to avoid potential problems. r The Plan will use natural barriers (steep hillsides and vegetation) and fencing to exclude cattle from the Mindego Creek watershed during the period the Guild withdraws water from Mindego Creek. The Plan relies on natural barriers, exclusively, in the portion of the propertythat borders Big Springs and Big Spring Creek (designated as the summer grazing area). The Plan states that fencing will be installed should the natural barriers prove to be ineffective in excluding cattle from the watershed. The Guild encourages the District to consider installing fencing in the lower summer pasture area before cattle are re-introduced to the property. o The Plan states that District staff or the grazing tenet will 'regularly' monitor for cattle entering the Mindego Creek watershed. The Plan does not define 'regularly'. This should be explicitly specified. Moreover, the plan does not describe what action the District would take to recover missing cattle, and whether the Guild would be notified should cattle be discovered in the Mindego watershed. o There is no the plan to monitor for Cryptosporidium in the herd. Such monitoring coupled with aggressive mitigation would seem to provide a greater measure of protection against the spread of the pathogen and contamination of human drinking water supplies. Comprehensive Community Management Solutions Page 2 7655 Redwood Blvd., #100, Novato I CA94945. P: 866-473-2573 . Ft 4L5-367-9045 . service@realmanage,com Cuesta La Honda Guild ln closing, the Cuesta La Honda Guild board of directors recognizes that the District is sensitive to the Guild's concerns, and appreciates that the District has reached out to solicit comments on the proposed Use and Management Plan for the Mindego Ranch property. Here, we have provided additional comments on the proposed plan which we believe supports the District's best management practices to mitigate the risk of contamination of Mindego Creek by Cryptosporidiurr. However, the Guild is not aware that a formal risk analysis of the proposed grazing plan has been conducted, but only that the perceived risk is slight. Although, the risk of contamination by Cryptosporidiuln appears to be small, it would be largely, if not entirely, borne by the Guild and other downstream users. The consequences of contamination in terms of human health and financial costs to the Guild would be severe. Therefore, despite the proposed measures to mitigate the risk of contamination, the Guild still questions the decision to re-introduce cattle to the Mindego Ranch property. Sincerely,2 Daniel Cain, president of the board of directors, Cuesta La Honda Guild, lnc. References Atwill, R., Rangeland cattle and the risk of waterborne Cryptosporidium parvum infection in humans. http://www.cabnr.unr.edu/resources/cattlemens/1998/03%20Atwill.html. accessed January 2014. Tate, K. W., Atwill, E.R., George, M.R., McDougland, N.K., and Royce, E. 2000. Crytosporidium parvum transport from cattle fecal deposits on California rangelands. J. Range Manage.53: 295-299 Comprehensive Community Management Solutions Page 3 7655 Redwood Blvd,, #100, Novato, CA94945 . Pt 866-473-2573 . F: 415-367-9045 . service@realmanage.com   January 2, 2014    Lisa Bankosh, Open Space Planner III  Midpeninsula Regional Open Space District  330 Distel Circle  Los Altos, CA 94022    RE: Comments on Proposed Mitigated Negative Declaration for Mindego Use and Management Plan    Dear Ms. Bankosh:    Thank you for the opportunity to comment on the Notice of Intent to Adopt a Mitigated Negative  Declaration for the Mindego Use and Management Plan that has been prepared and distributed by the  Midpeninsula Regional Open Space District (MROSD).     Resource conservation districts (RCDs) are authorized under the California Public Resource Code to address  local resource conservation needs “to secure the adoption of conservation practices including but not  limited to farm, range, open space, urban development, wildlife, recreation, watershed, water quality, and  woodland, best adapted to save the basic resources, soil, water, and air of the state from unreasonable and  economically preventable waste and destruction.”  RCDs work with the consent of public and private  landowners for watershed restoration and enhancement.    Our RCD collaborates with landowners and managers, technical advisors, area jurisdictions, government  agencies, and others to protect, conserve and restore natural resources in coastal San Mateo County.    As a special district with expertise and responsibilities for resource conservation, we would like to offer our  partnership on the implementation of the Mindego Use and Management Plan for habitat enhancement  and other actions as appropriate.  We offer specific programs for rural road and trail management,  restoration and enhancement of ponds, agricultural and residential water conservation, water quality  monitoring, salmonid restoration and recovery, implementation of the San Gregorio watershed plan, and  more.  On staff at the RCD and at your service is a watershed coordinator for the San Gregorio watershed as  well as the Agricultural Ombudsman for the county.    We accomplish all of our resource protection work in partnership with others.  We appreciate the  productive partnership we have had with MROSD over the years and look forward to expanding that  collaboration as MROSD implements its Mindego Use and Management Plan.      Sincerely,    Kellyx Nelson  Executive Director  ATTACHMENT 8 RESOLUTION NO. A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ADOPTING THE MITIGATED NEGATIVE DECLARATION, THE MITIGATION MONITORING PROGRAM, AND RELATED FINDINGS, IN CONNECTION WITH THE PROPOSED RUSSIAN RIDGE USE AND MANAGEMENT PLAN AMENDMENT FOR THE MINDEGO RANCH AREA WHEREAS The Board of Directors of the Midpeninsula Regional Open Space District (“District”) has reviewed the proposed Russian Ridge Use and Management Plan Amendment for the Mindego Ranch Area and all associated actions (“the Project”) and has reviewed the Mitigated Negative Declaration (“MND”) analyzing the environmental effects of the Project; NOW, THEREFORE, BE IT RESOLVED by the District Board of Directors that, based upon the Initial Study, Mitigated Negative Declaration, Mitigation Monitoring Program, all comments received, and all substantial evidence in light of the whole record presented, the Board of Directors find that: 1. Notice of the availability of the Initial Study and Mitigated Negative Declaration and all hearings on the MND were given as required by law and the actions were conducted pursuant to California Environmental Quality Act (CEQA) and the CEQA Guidelines. 2. All interested parties desiring to comment on the MND were given the opportunity to submit oral and written comments on the adequacy of the MND prior to this action by the Board of Directors. Two comments were received. 3. Prior to approving the Project that is the subject of the MND, the Board has considered the MND, along with all comments received during the public review process. In response to comments received, staff has made modifications to the MND. 4. The Board finds that modifications to the MND in response to comments received during the public review process clarify, amplify and make insignificant modifications to the MND, which does not require recirculation in accordance with Section 15073.5 of the CEQA Guidelines. 5. The Board finds that, on the basis of the whole record before it, including the Initial Study and MND, that there is no substantial evidence that the Project will have a significant effect on the environment in that, although the proposed Project could have significant effects on the environment, there will not be a significant effect in this case since Mitigation Measures have been made a part of the Project to avoid such effects. 6. The Board adopts the MND and determines that the MND reflects the District’s independent judgment and analysis. 7. The Board adopts the attached Mitigation Monitoring and Reporting Program and will require it to be implemented as part of the Project. ATTACHMENT 8 8. The location and custodian of the documents or other material, which constitute the record of proceedings upon which this decision is based are located at the offices of the General Manager of the Midpeninsula Regional Open Space District, 330 Distel Circle, Los Altos, California 94022. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * R-14-15 Meeting 14-03 January 22, 2014 AGENDA ITEM 11 AGENDA ITEM Appointment of District Representatives to the Governing Board of the Midpeninsula Regional Open Space District Financing Authority for Calendar Year 2014 BOARD PRESIDENT’S RECOMMENDATION Approve appointment of Directors Cecily Harris, Nonette Hanko, Pete Siemens, and Curt Riffle to serve on the Governing Board of the Midpeninsula Regional Open Space District Financing Authority (“Authority”) for Calendar Year 2014. DISCUSSION The Governing Board of the Authority consists of five members. In accordance with the Joint Powers Agreement and its bylaws, the District’s Board President shall automatically be the Chairperson of the Authority. Three of the other four members are appointed by the Board President, to be selected from among the District’s Board of Directors. The fifth member is the member of the Santa Clara County Board of Supervisors whose district encompasses the greatest territory of the Midpeninsula Regional Open Space District, and who is appointed to the Board of the Financing Authority by the Chairman of the Board of Supervisors. Supervisor Joseph Simitian was appointed to the Authority Board by the Santa Clara County Board of Supervisors on January 14, 2014, and will remain as the fifth member through the remainder of his term which expires at the end of 2016. BOARD COMMITTEE REVIEW Board Committee Review of this item is not required. FISCAL IMPACT There are no unbudgeted fiscal impacts associated with the recommended action. 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 the California Environmental Quality Act (CEQA). R-14-15 Page 2 NEXT STEP Once the Board has approved the appointments, the District staff will prepare a new roster of Financing Authority Board Members for internal posting. Responsible Department Manager: Steve Abbors, General Manager Prepared by: Jennifer Woodworth, District Clerk Contact person: Cecily Harris, Board President R-14-16 Meeting 14-03 January 22, 2014 AGENDA ITEM 10 AGENDA ITEM Appointment of Board of Directors Standing Committee Members for Calendar Year 2014 BOARD PRESIDENT’S RECOMMENDATION Approve the President’s appointments to the Board Standing Committees as well as approve the appointments of Board representatives to other bodies, and determine the compensation status for attendance at Board Committee meetings. SUMMARY Every year, the newly elected Board President appoints members to each of the Board’s Committees. DISCUSSION The Board Policy on Committees (1.04) states that the Board President appoints Board members to annual Standing Committees and to represent the District on outside bodies, with the consent of the Board. The five (5) Board Standing Committees are: 1. Action Plan and Budget Committee (ABC) 2. Legislative, Funding and Public Affairs Committee (LFPAC) 3. Planning and Natural Resources (PNR) 4. Real Property Committee 5. Board Appointee Evaluation (BAE) Following the Board Policy on Committees, Director Riffle (Board Treasurer) will be assigned as one of the three members of ABC. At the January 8, 2014 Board meeting, the Board President appointed Directors Pete Siemens, Curt Riffle and Yoriko Kishimoto to ABC. Board Policy 6.03 (Compensation of Directors & Payment of Expenses) of the Board Policy Manual states that all Standing Committees are compensable and compensability for attendance of Ad Hoc Committee meetings is determined on an annual basis by the Board. It is recommended that Board members be compensated for attendance at all Board Committee meetings, including any newly formed Ad Hoc Committees. It is further recommended that Board member attendance at the two outside bodies, the Bay Ridge Trail Council and California Joint Powers Insurance Authority (CalJPIA), remain non-compensable. R-14-16 Page 2 In accordance with California Public Resources Code Section 5536 and Board Policy 6.03, each District Board member may receive compensation in an amount not to exceed one hundred dollars ($100) per day for each attendance at a Board meeting and no Board member may receive more than five hundred dollars ($500) compensation in any one calendar month. Accordingly, with seven Board members the maximum the entire Board could receive pursuant to state law is $42,000 per year. The District’s current budget for Board meeting compensation has been and remains $25,000 per fiscal year. If it is determined that additional funds are required, a budget adjustment will be requested during the FY2014-15 midyear budget review. The proposed committee assignments for 2014 are as follows: Action Plan and Budget: • Pete Siemens • Curt Riffle • Yoriko Kishimoto Planning and Natural Resources: • Jed Cyr • Yoriko Kishimoto • Curt Riffle Legislative, Funding and Public Affairs: • Nonette Hanko • Jed Cyr • Larry Hassett Real Property: • Nonette Hanko • Larry Hassett • Cecily Harris Board Appointee Evaluation: • Jed Cyr • Cecily Harris • Pete Siemens The Board Committee schedule is as follows: • First Tuesdays of the month: LFPAC • Second Tuesdays of the month: Real Property Committee • Third Tuesdays of the month: Planning and Natural Resources • Fourth and Fifth Tuesdays of the month: “Free” meeting dates available for Committee meetings. Due to the nature of the Action Plan and Budget Committee and the Board Appointee Evaluation Committee, these two committees will meet on an as-needed basis. R-14-16 Page 3 FISCAL IMPACT There will be no new or incremental fiscal impact associated with this action. Board compensation for committee work is included in the annual budget and remains unchanged from the previous year. 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: Steve Abbors, General Manager Prepared by: Jennifer Woodworth, District Clerk Contact person: Cecily Harris, Board President R-14-01 Meeting 14-03 January 22, 2014 FINANCING AUTHORITY MEETING AGENDA ITEM 1 AGENDA ITEM Acceptance of the Controller’s Annual Financial Report of the Midpeninsula Regional Open Space District Financing Authority CONTROLLER’S RECOMMENDATION Accept the Annual Financial Report of the Midpeninsula Regional Open Space District Financing Authority (Financing Authority). DISCUSSION In May 1996, the District and Santa Clara County established the Financing Authority with the purpose of providing financing assistance to the District to fund the acquisition of land to preserve and use as open space and to finance public capital improvements. Accordingly, the District and the Financing Authority are accounted as one blended unit for financial statement purposes. On July 18, 2013, the District’s independent auditors, Vavrinek, Trine, Day & Co., issued its report on the District’s financial statements for the fiscal year ending March 31, 2013 (Attachment 1). Through March 2013, the District has sold six series of Financing Authority notes, with a total par value of $199.6 million. A summary of the six financings is shown in Table 1 below. Excluding the 2007 Notes, which raised no new money and only refinanced existing Financing Authority notes, the District has issued $140.5 million (net) of Financing Authority notes, funding $77 million of new land acquisitions and repaying $60 million of prior public and private debt, which had been issued at higher interest rates and for shorter maturities. Table 1: District Financings Issuance Par Amount TIC* Purpose 1996 Notes $29.9 M 6.25% $11M Land + pay-off 1988 Notes 1999-1 Notes $29.7 M 5.26% $21M Land + pay-off 1992 Notes 1999-2 Notes $28.4 M 5.93% $15M Land + pay-off 1990 Notes 2004 Notes $31.9 M 4.99% $10M Land + pay-off 1993 COPs 2007 Notes $59.2 M 4.57% Pay-off 1996 & 1999-2 Notes 2011 Bonds $20.5 M 5.60% Purchase $20M of Land * TIC = Total Interest Cost, including all costs of issuance R-14-01 Page 2 Three Financing Authority note issues remained outstanding on March 31, 2013, with a total outstanding balance of $102.86 million. This represented 74% of the District’s total outstanding debt balance. The average total interest cost of these outstanding Financing Authority notes was 4.95%. A summary of the activity on the Financing Authority notes in fiscal 2013 is shown below. During the 2013 fiscal year, $2.02 million of principal was repaid, $5.04 million of interest was paid, and $111,468 of accretion was accrued. Accretion arises from the portion of notes sold as capital appreciation bonds (CABs). CABs are like zero-coupon bonds; they do not pay interest, instead they accrete each year to reflect the growing principal value to be paid at maturity. The purpose of CABs is to lengthen the average life of the debt. The 2004 Notes include $1.3 million of CABs. Table 2: FY2012-13 Financing Authority Activity ($ millions) Balance March 2012 Principal Paid/Refunded Accretion Balance March 2013 Interest Paid FY2012-13 2004 Notes $31.45 $0.49 $0.11 $31.07 $1.39 2007 Notes $52.82 $1.53 $0.00 $51.29 $2.57 2011 Bonds $20.50 $0.00 $0.00 $20.50 $1.08 $104.77 $2.02 $0.11 $102.86 $5.04 FISCAL IMPACT There are no unbudgeted fiscal impacts associated with the recommended action. BOARD COMMITTEE REVIEW Board Committee review is not required for this agenda item. PUBLIC NOTICE Notice was provided pursuant to the Brown Act. No additional notice is necessary. CEQA COMPLIANCE No compliance is required as this action is not a project under the California Environmental Quality Act. NEXT STEPS None. Attachment 1. District’s Financial Statements for the Fiscal Year ended March 31, 2013. Prepared by: Michael Foster, Controller MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ANNUAL FINANCIAL REPORT YEAR ENDED MARCH 31, 2013 • L MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TABLE OF CONTENTS MARCH 31, 2013 INDEPENDENT AUDITOR'S REPORT MANAGEMENT'S DISCUSSION AND ANALYSIS BASIC FINANCIAL STATEMENTS 2 Statement of Position 8 Statement of Activities 9 Balance Sheet - Governmental Funds 10 Reconciliation of the Governmental Funds Balance Sheet to the Statement of Net Assets II Statement of Revenues, Expenditures, and Changes in Fund Balances -Governmental Funds 12 Reconciliation of the Statement of Revenues, Expenditures and Change in Fund Balances -Total Governmental Funds with the Statement of Activities 13 NOTES TO FINANCIAL STATEMENTS 15 REQUIRED SUPPLEMENTARY INFORMATION Schedule of Revenues, Expenditures and Changes in Fund Balances -Budget and Actual 37 1 1 1 1 1 Vavrinek, Trine, Day & Co., LLP Certified Public Accountants INDEPENDENT AUDITOR'S REPORT Board of Directors Midpeninsula Regional Open Space District Los Altos, California VALUE THE DIFFERENC We have audited the accompanying financial statements of the governmental activities and each major fund of the Midpeninsula Regional Open Space District as of and fo r the year ended March 31, 2013 which collectively comprise the District's basic financial statements as listed in the Table of Contents. Management's Responsibility fo r the Financial Statements Management is responsible for the preparation and fa ir presentation of these fi nancial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fa ir presentation of fi nancial statements that are free from material misstatement, whether due to fraud or error. Auditor's Responsibility Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are fr ee fr om material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the fi nancial statements, whether due to fr aud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fa ir presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not fo r the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the fi nancial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Opinion In our opinion, the financial statements referred to above present fa irly in all material respects, the respective financial position of the governmental activities and each major fu nd of the Midpeninsula Regional Open Space District as of March 31, 2013, and the respective changes in the financial position thereof fo r the year then ended in conformity with generally accepted accounting principles in the United States of America. 260 Sheridan Avenue. Suite 440 Palo Alto, CA 94306 Tel: 650.462.0400 Fax: 650.462.0500 www.vtdcpa.com FRESNO • L AGUNA HillS • PALO ALTO · PLEASANTON • RANCHO CUCAMONGA • RIVERSIDE • SACRAMENTO Accounting principles generally accepted in the United States of America require that the management discussion and analysis and the budgetary comparison information as listed in the table of contents be presented to supp lement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Government Auditing Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquires of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements and other knowledge we obtained during our audit of the basic fi nancial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Palo Alto, California July18,2013 2 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MANAGEMENT'S DISCUSSION AND ANALYSIS MARCH 31, 2013 This section of the Midpeninsula Regional Open Space District's (the District) basic financial statements presents a narrative overview and analysis of the District's financial activities for the fiscal year ended March 31, 2013. We encourage readers to consider the information presented here in conjunction with our basic financial statements. FINANCIAL HIGHLIGHTS Property tax revenue exceeded expectations in fiscal 2013 due to higher than projected growth in assessed valuations and income from the dissolution of redevelopment agencies. Reported tax revenue increased by $1.5 million, or 5.3%. The assessed valuation of secured property within the District, as of July 1,2012, increased by approximately 4.6%. District tax revenue growth never exactly matches the rate of increase in assessed valuation because the District's hybrid fiscal year spans two tax years. During fiscal 2013, the District received $0.9 million from trust funds related to the dissolution of redevelopment agencies within the District. Approximately 30% of this redevelopment-related income represented one-time payments. The District received 66% of its tax revenue from Santa Clara County and 34% from San Mateo County. Property tax revenue increased by 5.4% in fiscal 2012 due to the resumption of supplemental (SBS13) tax allocations by Santa Clara County and a change in the method of computing the year-end tax accrual. The District added land and associated structures with appraised values totaling $13.5 million in fiscal 2013. The three largest land acquisitions each involved partner support, either in the form of bargain sales or grants. The largest property, the 952 acre Toto Ranch, on the San Mateo coast, was acquired for $3.5 million, approximately half of its appraised value, in a bargain purchase from the Peninsula Open Space Trust (POST). The District received a $375,000 grant from the Living Landscape Resource Fund to partially fund a $1.4 million addition to the El Corte de Madera Creek preserve. The Sempervirens Fund sold the District a $1.0 million addition to this same preserve for half its appraised value. Net of grants and gifts, the District used $5.S million of cash for land purchases in fiscal 2013, down from $9.1 million in fiscal 2012. The District added $24.0 million and $10.0 million of land and associated structures in fiscal 2012 and 2011, respectively. District expenditures were again within the armual budget. Recorded expenses include one significant non­ recurring charge. The District made a decision to pay-off its $2.5 million CalPERS side fund liability in March 2013. This pre-payment is expected to save the District over $2 million of retirement expense over the next IS years. Excluding land acquisition transactions, debt service and the non-recurring CalPERS payment, total District spending, $19.6 million, was $3.9 million, or 16.6%, below budget and up 14.1 % over fiscal 2012. The largest factor in the budget variance was the re-scheduling of the next phase of the multi-year Mt. Umunhum project into fiscal 2014. In fiscal 2013, salaries and benefits, excluding the CalPERS side fund pay-off, increased by 5.9%, services and supplies expenses grew by 54.7% and non-land capital spending and land acquisition expenses rose by 7.0%. The large percentage spending increase for services and supplies was principally due to accruing $0.6 million of additional insurance expense to fully cover the District's projected retrospective liability to the California Joint Powers Insurance Authority (CJPIA). 3 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MANAGEMENT'S DISCUSSION AND ANALYSIS MARCH 31, 2013 The assets of the District exceeded liabilities at the close of the 2013 fiscal year by $299.3 million (net assets). Of this amount, $259.6 million is invested in capital assets, net of related debt, $1.6 million is restricted by the terms of existing District debt, $1.1 million is restricted to pay for future retirement medical expenses, and the remaining $36.9 million is unrestricted. About 24% of the unrestricted balance is projected to be used for capital expenditures in fiscal 2014 as the approved budget for fiscal 2014 forecasts land purchases and other capital expenditures totaling $12.7 million, or $8.9 million net of associated grant and gift income. Another $1.9 million of the unrestricted balance is an endowment to provide stewardship to the Hawthorns property, acquired is fiscal 2011.The District's total net assets increased by $9.6 million in fiscal 2013, as general and program revenues exceeded program expenditures. Program expenditures were within budget. The District's total long-term debt obligations declined by $1.6 million, to $139.0 million. OVERVIEW OF THE FINANCIAL STATEMENTS This discussion and analysis is intended to serve as an introduction to the District's basic financial statements. The District's basic financial statements consist of three components: (I) government-wide financial statements; (2) fund financial statements and (3) notes to the basic financial statements. This report also contains other supplementary information in addition to the basic financial statements themselves. Statements of Position (formerly Statement of Net Assets) Presented below are condensed statements of position for the past two years: Years ended: March 31, 2013 March 31, 2012 Increase (Decrease} Assets Current Assets $ 44,722,294 $ 48,018,249 $ (3,295,955) Retiree Health Trust 1,097,306 1,334,306 (23 7,000) Capital assets 398,589,610 385,932,042 12,657,568 Total assets 444 ,409 ,210 435,284.597 9,124,613 Liabilities Accounts payable and Other current liabilities 8,207,851 7,256,368 951,483 Long-term debt 13 6,913,221 138,328,785 (I,415,564} Total liabilities 145,121.072 145,585,153 ( 464,08!} Net Position Invested in capital assets, net of related debt 259,637,822 245,393,422 14,244,400 Restricted 2,730,928 1,567,913 1,163,015 Unrestricted 36,919,388 42,738,109 (5,818,721} Total net position $ 222,288,138 $ 282,622,444 $ 9,588,694 4 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MANAGEMENT'S DISCUSSION AND ANALYSIS MARCH 31, 2013 Analysis of Net Assets The District's assets at the close of this fiscal year are $299.3 million more than its liabilities. This is the result of the District's inventory of capital assets. The net investment in capital assets, $259.6 million, consists primarily of the District's over 60,000 acres of land in 26 open space preserves protected for public enjoyment. The investment in capital assets is offset by long-term debt obligations on promissory notes and lease revenue bonds. The net assets subject to external restrictions are composed of $1.6 million for debt service and $1.1 million for future retirement medical expenses. Unrestricted net assets are used to finance additional capital projects. The District's budget for fiscal year 2014 includes $8.9 million for land acquisition and other capital projects, net of related grant and gift income. Changes in Net Position Presented below is an analysis of the District's revenues and expenses over the past two years: Revenues Program revenue Charges for services Grants and contributions Land donations General revenue General property tax Investment income Other Total Revenues Expenses Change in net assets Increase % Increase March 31, 2013 March 31, 20 12 (Decrease) ( Decrease) $ 1,380,887 $ 1,319,580 $ 61,307 4.6 913,338 1,452,738 (539,400) (37.1 ) 3,890,155 13,927,600 (10,037,445) (72.7) 30,269,803 28,737,153 1,532,650 5.3 287,642 374,544 (86,902) (23.2) 298,068 393,542 (95,474) (24.3) 37,039,943 46,205,157 (9,165,214) � 27,451,249 22,601,256 4,849,993 21.5 $ 9,588,694 $ 23,603,901 $ 04.015,207) � Analysis of Change in Net Position For the year ended March 31,2013, the District's net position increased by $9.6 million. The net position increase was unusually large in fiscal 2012 because the District received its largest ever land donation, $13.9 million, in that year. Progranl revenues include rental income, grants, gifts of land, cash donations and park management fees from Santa Clara County. Grant income is tied to specific preserve development projects and land acquisitions. In fiscal 2013, the District received $538,338 of preserve development-related grant income and a $375,000 acquisition grant. The District received $3.9 million of land donations, mostly from POST and Sempervirens Fund. Rental income increased by 5.5%, due to acquisition ofland containing additional rental assets. 5 MID PENINSULA REGIONAL OPEN SPACE DISTRICT MANAGEMENT'S DISCUSSION AND ANALYSIS MARCH 31, 2013 Tax revenue increased by $1.5 million, or 5.3%, in fiscal 2013. A majority of the increase, $0.9 million, was income from the dissolution of redevelopment agencies within the District. Approximately 30% of this redevelopment-related income is non-recurring. Investment income declined due to smaller cash balances and lower interest rates. Fiscal 2013 expenses include two extraordinary items: $2.5 million to pay-off the District's CalPERS side fund liability and $0.6 million to fully cover the District's projected retrospective insurance liability to CJPIA. Excluding these two items, total expenses increased by $1. 7 million, or 7.6%, from the prior year. GENERAL FUND The General Fund balance sheet includes all District accounts except for capital assets, retirement assets and debt. At March 31, 2013, the General Fund had a fund balance of $37.5 million, down $4.3 million from the prior year-end. This decrease was the result of using cash reserves to purchase land. Except for the $1.9 million Hawthorns endowment fund, all of this fund balance is unreserved and designated for future capital projects, including $8.9 million budgeted for capital expenditures in fiscal year 2014, net of associated grant and gift funding. DEBT SERVICE FUND The only asset in the Debt Service Fund, $1.6 million, is a reserve fund required by the terms of the District's 2004 Revenue Bonds. The funds are held by the bond trustee and will be used to make the final debt service payment on this issue in 2033. The District receives the interest earned on this reserve fund, and this is shown on the Statement of Revenues, Expenditures and Changes in Fund Balance-­ Governmental Funds. Total debt service in fiscal year 2013 was $8.9 million, consisting of $2.8 million of principal and $6.0 million of interest. CAPITAL ASSETS As of March 31, 2013, the District's investment in capital assets is $398.4 million, net of accumulated depreciation. The District added $10.9 million of land in fiscal year 2013, representing 92% of the total increase in capital assets, and has conunitted $4.4 million of its fund balance for various uncompleted capital projects included in construction in progress. Additional information on the District's capital assets can be found in Note 4 in the Notes to the Basic Financial Statements. 6 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MANAGEMENT'S DISCUSSION AND ANALYSIS MARCH 31, 2013 LONG-TERM DEBT As of March 31, 2013, the District's long-term debt includes $2.5 million of subordinated notes issued to sellers in District land purchase transactions, $100.7 million of Authority revenue bonds sold to the public in 2004, 2007 and 2011, $18.1 million of District refunding promissory notes sold to the public in 2005 and 2012, and $17.7 million of accreted interest, unamortized premium and unamortized loss on refunding. The 2004 and 2007 Authority bonds and 2005 Refunding notes were originally rated AAA by Moody's and Standard & Poor's based on municipal bond insurance policies purchased from Ambac Assurance Corporation and MBIA. Due to substantial losses from mortgage-related risk exposures, these insurance companies no longer carry investment grade credit ratings. The District's current stand­ alone credit rating on promissory notes is AA+ from Fitch and AA from Standard & Poor's. Additional information on the District's long-term obligations can be found in Note 6 in the Notes to the Basic Financial Statements. BUDGETARY PERFORMANCE The Budgetary Comparison Schedule-General Fund shows how the District financial results compared to the original budget adopted in March 2012 and the final budget adjusted in December 2012. Due principally to delays in completing capital projects containing grant and gift funding, total District revenue, exclusive of land donations, was under budget by $2.5 million, or 7%. Most of these grants and gifts have been re-budgeted for receipt in fiscal 2014. Tax revenue was 4.8% above budget, most due to the unexpected level of income from the dissolution of redevelopment agencies within the District. Total expenditures were $3.6 million, or 11.3%, below budget, leaving an excess of revenue over expenditures, exclusive of land donations, of $4.6 million, or $0.5 million more than budgeted. Excluding land acquisition transactions, debt service, and the non-recurring CalPERS pay-off, total District spending, $19.6 million, was $3.9 million, or 16.6%, below the final budget. The largest factor in the spending variance was the re-scheduling of the next phases of the multi-year Mt. Umunhurn capital project into fiscal 2014. Salaries and benefits, excluding the non-recurring CalPERS pay-off, were $0.5 million, or 4.4%, below budget, services and supplies cost $0.3 million, or 5.7%, less than budget, non-land capital spending was $2.8 million, or 48.8%, under budget, and land acquisition support expenses were $0.3 million, or 39.5% under budget. This overall operating budget performance, 83% of budget, was at the low end of the range of recent years (82% to 94% of budget). 7 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MANAGEMENT'S DISCUSSION AND ANALYSIS MARCH 31, 2013 ECONOMIC FACTORS AND NEXT YEAR'S BUDGET The Board of Directors adopted the District's budget for fiscal year 2014 on March 13,2013. This budget assumes approximately 5% growth in property tax revenue. The budget projects spending $12.7 million for land and other capital projects, or $8.9 million net of associated grant and gift income. Operating expenditures and debt service are budgeted at $17.5 million and $8.9 million, respectively. If all revenues and expenditures occur as budgeted, the District's cash position would decrease by $5.0 million in fiscal year 2014. Since the adoption of the budget, the District learned that property tax revenue in fiscal 2014 is likely to exceed the budget projections by some $1.5 million, due to higher growth in assessed valuation of secured and unsecured property in both counties and additional redevelopment property tax trust funds. The District is currently pursuing potential land acquisitions and other capital projects which would use up all undesignated reserves within three years. ADDITIONAL FINANCIAL INFORMATION This financial report is designed to provide a general overview of the District's finances for all those with an interest in the District's finances. Questions concerning any of the information provided in this report or requests for additional financial information should be addressed to the District Clerk, 330 Distel Circle, Los Altos, CA 94022. 8 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT STATEMENT OF NET POSITION MARCH 31, 2013 Cash and investments (Note 2) Receivables Taxes Interest Deposit Rent Prepaid expense ASSETS Restricted cash and investments (Note 2) Note receivable (Note 3) Deferred charges Net OPEB Asset (Note 9) Capital assets (Note 4) Nondepreciable Land Construction in progress Depreciable, net of accumulated depreciation Structures and improvements Infrastructure Equipment Vehicles Total assets Accounts payable Accrued liabilities Deposits payable Deferred revenue Interest payable Compensated absences (Note 5) Due in one year Due in more than one year Long-term debt (Note 6) Due within one year Due in more than one year Total liabilities LIABILITIES NET POSITION (Note 11) Invested in capital assets, net of related debt Restricted for debt service Restricted for OPEB Unrestricted Total net position See accompanying notes to financial statements. 9 $ 32,53 5,5 13 8,027,198 42,580 1,046,895 612 28,997 1,633,622 195,653 1,211,224 1,097,306 379,410,829 4,396,366 7,397,095 5,146,364 775,677 1,463,279 444,409,210 811,242 1,304,72 1 81,730 1,971,040 524,6 12 221,424 1,254,515 3,293,082 135,658,706 145,121 ,072 259,6 37,822 1,633,622 1,097,306 36,919,388 $ 299,288,138 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT STATEMENT OF ACTIVITIES FOR THE YEAR ENDED MARCH 31, 2013 Program expenses: General government: Salaries Benefits CALPERS side fund redemption Directors Services and supplies Depreciation Interest Total program expenses Program revenues: Charges for services Capital grants and operating contributions Land donation Total program revenues Net program expenses General revenues: Property tax increment Investment income Miscellaneous Total general revenues Changes in net assets Net position -beginning of the year Net position -end of the year See accompanying notes to financial statements. 10 $ 8,309,803 3,961,927 2,51 0,958 31,500 4,360,703 839,870 7,436,488 27,451,249 1,380,937 913,338 3,890,155 6,184,430 21,266,819 30,269,803 287,642 298,068 30,855,513 9,588,694 289,699,444 $ 299,288,138 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT GOVERNMENTAL FUNDS BALANCE SHEET MARCH 31, 2013 Debt General Service Fund Fund ASSETS Cash and investments (Note 2) $ 32,535,513 $ Receivables Taxes 8,027,198 Interest 42,580 Deposit 1,046,895 Rent 612 Prepaid expense 28,997 Restricted cash and investments (Note 2) 1,633,622 Note receivable (Note 3) 195,653 Total Assets $41,877,448 $ 1,633,622 LIAB�ITIES Accounts payable $ 811,242 $ Accrued liabilities 1,304,721 Deposits payable 81,730 Deferred revenue (Note 3) 2,166,693 Total liabilities 4,364,386 FUND BALANCES Restricted Debt service 1,633,622 Unassigned 37,513,062 Total fund balance 37,513,062 1,633,622 TOTAL LIAB�ITIES AND FUND BALANCE $ 41,877,448 $ 1,633,622 See accompanying notes to financial statements. 11 Total Governmental Funds $ 32,535,513 8,027,198 42,580 1,046,895 612 28,997 1,633,622 195,653 $ 43,511,070 $ 811,242 1,304,721 81,730 2,166,693 4,364,386 1,633,622 37,513,062 39,146,684 $ 43,511,070 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT RECONCILIATION OF THE GOVERNMENTAL FUNDS -BALANCE SHEET WITH THE STATEMENT OF NET POSITION MARCH 31, 2013 Total fund balances reported on the governmental funds balance sheet Amounts reported for Governmental Activities in the Statement of Net Position are different from those reported in the Governmental funds above because of the following: CAPITAL ASSETS Capital assets used in Governmental Activities are not current assets or financial resources and therefore are not reported in the Governmental funds. NOTES RECEIVABLE Notes receivables are not available to pay for current period expenditures and, therefore, are deferred on the modified accrual basis in the balance sheet of the Governmental funds DEFERRED CHARGES Bond issuance costs are expended in the Governmental funds when paid, however, they are capitalized and amortized over the life of the corresponding bonds for purposes of the Statement of Net Position LONG-TERM LIABILITIES The liabilities below are not due and payable in the current period and therefore are not reported in the Governmental funds: Long-tenn debt Accrued interest payable Compensated absences NET OPEB ASSET Net OPEB Asset is not available to pay for current period expenditures and, therefore, is not recognized in the Governmental funds but deferred on the Statement of Net Position NET POSITION OF GOVERNMENTAL ACTIVITIES See accompanying notes to financial statements. 12 $ $ 39,146,684 398,589,610 195,653 1,211,224 (138,951,788) (524,612) (1,475,939) 1,097,306 299,288,138 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT GOVERNMENTAL FUNDS STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES FOR THE YEAR ENDED MARCH 31, 2013 Debt General Service Fund REVENUES Property tax $ 30,269,803 $ Grant income 913,338 Investment income 221,933 Property management (Note 7) 1,380,937 Other income 145,800 Total Revenues 32,931,811 EXPENDITURES Current Salaries 8,309,803 Benefits 6,014,461 Directors 31,500 Services and supplies 4,356,948 Capital outlay New land purchases 6,194,600 Land acquisition support costs 517,312 Structures and improvements 2,206,010 Equipment 540,204 Vehicles 152,912 Debt service Principal Interest and fiscal charges Total Expenditures 28,323,750 EXCESS (DEFICIENCy) OF REVENUES OVER EXPENDITURES 4,608,061 OTHER FINANCING SOURCES (USES): Transfers in Transfers out (8,876,542) Total Other Financing Sources (Uses) (8,876,542) NET CHANGE IN FUND BALANCES (4,268,481) Fund Balance at beginning of year 41,781,543 Fund Balance at end of year $ 37,513,062 $ See accompanying notes to financial statements. 13 Fund 65,709 65,709 2,842,752 6,033,790 8,876,542 (8,810,833) 8,876,542 8,876,542 65,709 1,567,913 1,633,622 Total $ 30,269,803 913,338 287,642 1,380,937 145,800 32,997,520 8,309,803 6,014,461 31,500 4,356,948 6,194,600 517,312 2,206,010 540,204 152,912 2,842,752 6,033,790 37,200,292 (4,202,772) 8,876,542 (8,876,542) (4,202,772) 43,349,456 $ 39,146,684 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES -TOTAL GOVERNMENTAL FUNDS WITH THE STATEMENT OF ACTIVITIES FOR THE YEAR ENDED MARCH 31, 2013 The schedule below reconciles the net changes in fund balances reported on the Governmental Funds Statement of Revenues, Expenditures and Changes in Fund Balance, which measures only changes in current assets and current liabilities on the modified accrual basis, with the change in net position of Governmental Activities reported in the Statement of Activities, which is prepared on the full accrual basis. Net change in fund balances -total Governmental funds Amounts reported fo r governmental activities in the Statement of Activities are differ ent because of the fo llowing: CAPITAL ASSET TRANSACTIONS Governmental fu nds report capital outlays as expenditures. However, in the Statement of Activities the cost of those assets is capitalized and allocated over their estimated useful lives and reported as depreciation expense. The capital outlay expenditures are therefore added back to fu nd balance Depreciation expense is deducted fr om the fund balance Loss on disposal of capital assets is expensed on the statement of activities, but does not impact the Governmental fu nds. Donation of land is not reported in Governmental fu nds. However, the fa ir value of the land is recognized as revenue in the statement of activities. Payment of principal on general obligation bonds is an expenditure in the governmental funds, but it reduces long-term liabilities in the statement of net position and does not affect the statement of activities. NOTES RECEIVABLE Repayment of notes receivable is reported as revenue in Governmental funds, and thus, has the effect of increasing fund balance because current financial resources have been received. However, the loan payments reduce the receivables in the statement of net assets and do not generate revenue in the statement of activities. LONG-TERM DEBT PROCEEDS AND PAYMENTS Repayment of bond principal is an expenditure in the Governmental fu nds, but in the Statement of Net Assets the repayment reduces long-term liabilities. Accreted Interest on capital appreciation bonds Repayment of debt principal on current interest promissory notes Change in accrued interest payable Amortization of bond premium Amortization of loss on refunding Amortization of deferred amounts See accompanying notes to financial statements. 14 $ (4,202,772) 9,611,038 (839,871 ) (3,754) 3,890,155 2,015,000 (11,305) (1,080,299) 827,752 85,036 163,573 (339,194) (68,241) MIDPENINSULA REGIONAL OPEN SPACE DISTRICT RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES -TOTAL GOVERNMENTAL FUNDS WITH THE STATEMENT OF ACTIVITIES FOR THE YEAR ENDED MARCH 31, 2013 ACCRUAL OF NON-CURRENT ITEMS The amounts below included in the Statement of Activities do not provide or (require) the use of current financial resources and therefore are not reported as revenue or expenditures in Governmental funds (net change): Compensated absences Net OPEB Asset CHANGE IN NET POSITION OF GOVERNMENTAL ACTIVITIES See accompanying notes to financial statements. 15 $ (221,424) (237,000) 9,588,694 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT NOTES TO FINANCIAL STATEMENTS MARCH 31, 2013 NOTE 1-SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES General The Midpeninsula Regional Open Space District (the District) was formed in 1972 to acquire and preserve public open space land in northern and western portions of Santa Clara County. In June 1976, the southern and eastern portions of San Mateo County were annexed to the District. The District annexed a small portion of the northern tip of Santa Cruz County in 1992. In September 2004, the District completed the Coastside Protection Program, which extended the District boundaries to the Pacific Ocean in San Mateo County, from the southern borders of Pacifica to the San Mateo/Santa Cruz County line. Reporting Entity As required by generally accepted accounting principles, these basic financial statements present the Midpeninsula Regional Open Space District and its component unit. The component unit discussed in the following paragraph is included in the District's reporting entity because of the significance of their operational or financial relationships with the District. Blended Component Unit. The District and the County of Santa Clara entered into a joint exercise of powers agreement dated May I, 1996, creating the Midpeninsula Regional Open Space District Financing Authority (the Authority), pursuant to the California Government Code. The District is financially accountable for the Authority, as it appoints a voting majority of the governing board; is able to impose its will in the Authority; and the Authority provides specific financial benefits to, and imposes specific financial burdens on, the District. The Authority was formed for the sole purpose of providing financing assistance to the District to fund the acquisition of land to preserve and use as open space. As such, the Authority is an integral part of the District, and accordingly, all of the Authority's activity is blended within the accompanying debt service fund. Basis of Presentation The District's Basic Financial Statements are prepared in conformity with accounting principles generally accepted in the United States of America. The Government Accounting Standards Board is the acknowledged standard setting body for establishing accounting and fmancial reporting standards followed by governmental entities in the United States of America. These Statements require that the financial statements described below be presented. Government-wide Statements. The Statement of Net Position (formerly the Statement of Net Assets) and the Statement of Activities display information about the primary government (the District) and its component unit. These statements include the financial activities of the overall District government. Eliminations have been made to minimize the double counting of internal activities. Governmental activities generally are financed through taxes, intergovernmental revenues, and other nonexchange transactions. The Statement of Activities presents a comparison between direct expenses and program revenues for each function of the District's governmental activities. Direct expenses are those that are specifically associated with a program or function and, therefore, are clearly identifiable to a particular function. Program revenues include (a) charges paid by the recipients of goods or services offered by the programs, (b) grants and contributions that are restricted to meeting the operational needs of a particular program and (c) fees, grants 16 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT NOTES TO FINANCIAL STATEMENTS MARCH 31, 2013 and contributions that are restricted to financing the acquisition or construction of capital assets. Revenues that are not classified as program revenues, including all taxes, are presented as general revenues. Fund Financial Statements. The fund financial statements provide information about the District's fu nds, including blended component units. The emphasis of fu nd financial statements is on major individual governmental fu nds, each of which is displayed in a separate column. Major Funds Major funds are defined as fu nds that have either assets, liabilities, revenues or expenditures/expenses equal to ten percent of their fund-type total and five percent of the grand total. The General Fund is always a major fund. The District may also select other fu nds it believes should be presented as major funds. The District reported all of its fu nds as major governmental funds in the accompanying financial statements: General Fund. The General Fund is the general operating fund of the District. It is used to account for all financial resources. The major revenue sources for this Fund are property taxes, grant revenues and interest income. Expenditures are made for public safety and other operating expenditures. Debt Service Fund. The Debt Service Fund is used to account for accumulation of resources fo r, and the payment of long-term debt principal, interest and related costs. Resources are provided by General Fund transfers and interest income on unspent funds. Basis of Accounting The government-wide fmancial statements are reported using the economic resources measurement focus and the full accrual basis of accounting. Revenues are recorded when earned and expenses are recorded at the time liabilities are incurred, regardless of when the related cash flows take place. Governmental funds are reported using the current financial resources measurement fo cus and the modified accrual basis of accounting. Under this method, revenues are recognized when measurable and available. The District considers all revenues reported in the governmental fu nds to be available if the revenues are collected within sixty days after year--end. Expenditures are recorded when the related fund liability is incurred, except for principal and interest on long-term debt, claims and judgments, and compensated absences, which are recognized as expenditures to the extent they have matured. Governmental capital asset acquisitions are reported as expenditures in governmental funds. Proceeds of governmental long-term debt and acquisitions under capital leases are reported as other financing sources. Non-exchange transactions, in which the District gives or receives value without directly receiving or giving equal value in exchange, include taxes, grants, entitlements, and donations. On the accrual basis, revenue from taxes is recognized in the fiscal year fo r which the taxes are levied or assessed. Revenue from grants, entitlements, and donations is recognized in the fiscal year in which all eligibility requirements have been satisfied. The District may fund programs with a combination of cost-reimbursement grants and general revenues. Thus, both restricted and unrestricted net assets may be available to finance program expenditures. The District's policy is to first apply restricted grant resources to such programs, fo llowed by general revenues, if necessary. 17 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT NOTES TO FINANCIAL STATEMENTS MARCH 31, 2013 Budgets and Budgetary Accounting The District's Board of Directors adopts an annual operating budget for the District as a whole, which includes both its General and Debt Service Funds on or before March 3 I, for the ensuing fiscal year. The Board of Directors may amend the budget by resolution during the fiscal year. The legal level of control, the level at which expenditures may not legally exceed the budget, is at the category level. Use of Estimates The preparation of basic financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. Compensated Absences The total amount of liability for compensated absences is reflected in the basic financial statements. See Note 5 for additional information regarding compensated absences. Cash and Cash Equivalents For purposes of the statement of cash flows the District defines cash and cash equivalents to include all cash and temporary investments with original maturities of three months or less from the date of acquisition. Property Taxes Property taxes are levied by Santa Clara and San Mateo Counties and a portion is distributed to the District. The District recognizes property taxes as revenue in the fiscal year of levy. Debt Discount and Issuance Costs Debt discount, premiums, and issuance costs are capitalized as an offset to long-term debt and amortized using the straight line method over the life of the related debt. Issuance costs for the District's tax-exempt commercial paper short-term borrowings are expensed as incurred. Subseq uent Events Management has evaluated subsequent events for recognition and disclosure through July 18, 2013, which is the date the financial statements were available to be issued. NOTE 2 -CASH AND INVESTMENTS Policies The District and its fiscal agents invest in individual investments and in investment pools. Individual investments are evidenced by specific identifiable pieces of paper called securities instruments, or by an electronic entry registering the owner in the records of the institution issuing the security, called the book entry system. In order to maximize security, the District employs the Trust Department of a bank as the custodian of all District managed investments, regardless of their form. 18 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT NOTES TO FINANCIAL STATEMENTS MARCH 31, 2013 California Law requires banks and savings and loan institutions to pledge government securities with a market value of 110% of the District 's cash on deposit for first trust deed mortgage notes with a value of 150% ofthe District's cash on deposit as collateral fo r these deposits. Under California Law this collateral is held in an investment pool by an independent financial institution in the District's name and places the District ahead of general creditors of the institution pledging the collateral. The District's investments are carried at fa ir value, as required by generally accepted accounting principles. The District adjusts the carrying value of its investments to reflect their fa ir value at each fiscal year end, and it includes the effects of these adjustments in income fo r that fiscal year. In the District's case, fair value equals fair market value, since all District 's investments are readily marketable. Classification Cash and investments as of March 31, 2013, are classified in the financial statements as shown below, based on whether or not their use is restricted. Cash and cash equivalents, available for District operation Restricted cash and investments Total Cash and Investments The Districfs cash and investments consist of the fo llowing at March 31, 2013: Cash in bank Deposits Investments Total Cash and Investments 19 $ $ $ $ 32,535,5 13 1,633,622 34,169,135 13,422 2,084,646 32,071,067 34,169,135 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT NOTES TO FINANCIAL STATEMENTS MARCH 31, 2013 Investments Authorized by the California Government Code and the District's Investment Policy The District 's Investment Policy and the California Government Code allow the District to invest in the fo llowing, provided the credit ratings of the issuers are acceptable to the District and approved percentages and maturities are not exceeded. The table below also identifies certain provisions of the California Government Code or the District's Investment Policy where it is more restrictive: Maximum Minimum Maximum Maxi mum Remaining Credit Percentage Investment Authorized Investment Type Maturity Quality of Portfolio In One Issuer US Treasury Obligations 5 years N/A No Limit No Limit US Agency Securities 5 years N/A No Limit No Limit California Local Agency Investment Fund Upon Demand N/A $40 million per account Negotiable Certificates of Deposit 5 years N/A 30% No Limit Bankers Acceptances 180 days N/A 40% 30% Commercial Paper 270 days A 25% 10% Repurchase Agreements I year N/A No Limit No Limit Reverse Repurchase Agreements 92 days N/A 20% No Limit Medium Term Notes 5 years A 30% No Limit Money Market and Mutual Funds N/A Highest Category 20% 10% Investments Authorized by Debt Agreements The District must maintain required amounts of cash and investments with trustees or fi scal agents under the terms of certain debt issues. These fu nds are used if the District fa ils to meet its obligations under these debt issues. 20 MlDPENINSULA REGIONAL OPEN SPACE DISTRICT NOTES TO FINANCIAL STATEMENTS MARCH 31, 2013 Interest Rate Risk Interest rate risk is the risk that changes in market interest rates will adversely affect the fa ir value of an investment. Normally, the longer the maturity of an investment, the greater the sensitivity of its fa ir value changes to changes in market interest rates. The District generally manages its interest rate risk by holding investments to maturity . Information about the sensitivity of the fair values of the District's investments (including investments held by bond trustees) to market interest rate fluctuations is provided by the fo llowing table that shows the distribution of the District's investments by maturity or earliest call date: 12 Months More than Investment Type or less 12 Months Total Held by District California Local Agency Investment Fund $ 7,803,382 $ $ 7,803,382 Santa Clara County Pool 22,634,063 22,634,063 Held by Trustees US Federal Agency Securities 1,631,647 1,631,647 Money Market Mutual Funds 1,975 1,975 Total Investments $ 30,439,420 $ 1,631,647 $ 32,071,067 The District is a participant in the Local Agency Investment Fund (LAlF) that is regulated by California Government Code Section 16429 under the oversight of the Treasurer of the State of Cal ifornia. The District reports its investment in LAlF at the fa ir value amount provided by LAlF, which is the same as the value of the pool share. The balance is available for withdrawal on demand, and is based on the accounting records maintained by LAlF, which are recorded on an amortized cost basis. Included in LAlF's investment portfolio are collateralized mortgage obligations, mortgage-backed securities, other asset-backed securities, loans to certain state funds, and floating rate securities issued by fe deral agencies, government-sponsored enterprises, United States Treasury Notes and Bills, and corporations. At March 31, 2013, these investments had an average maturity date ofless than one year. The fa ir value of the District's investment in the pool is reported at amounts based on the District's pro-rata share of the fa ir value provided by the County Treasurer for the entire portfolio (in relation to the amortized cost of the portfolio). The balance available for withdrawal is based on the accounting records maintained by the County Treasurer, which is recorded on the amortized costs basis. Santa Clara County Pool fu nds were available for withdrawal on demand and had an average maturity date of less than one year. 21 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT NOTES TO FINANCIAL STATEMENTS MARCH 31, 2013 Credit Risk Credit risk is the risk that an issuer of an investment will not ful fill its obligation to the holder of the investment. This is measured by the assignment of a rating by a nationally recognized statistical rating organization. Presented below is the actual rating as of March 31,2013, for each investment type as provided by Moody's investment rating system. Investment Type Held by Trustees US Federal Agency Securities Money Market Mutual Funds California Local Agency Investment Fund Santa Clara County Pool Total Investments Concentration Risk Not Rated $ 7,803,382 22,634,063 $ 30,437,445 Aaa $1,631,647 1,975 $ 1,633,622 Total $ 1,631,647 1,975 7,803,382 22,634,063 $ 32,071,067 The District was not exposed to concentration of credit risk because it had no investments in any one issuer that exceeded 5% of its total investment portfolio. Restricted Cash and Investments The District has the fo llowing restrictions on cash and investments: Restricted for Debt Service. The District has moneys held by Bank of New York as trustee, pledged to the payment or security of its outstanding bond issues. All transactions associated with debt serve are administered by the Bank. The cash and investment amounts were $1,633,622 as of March 31, 2013 . NOTE 3 -NOTES RECEIVABLE On December 17, 1997, the District sold the title to and possession of a SO-year fee determinable estate 10-acre parcel near the Skyline Ridge Open Space Preserve. The District financed the purchase in the amount of $288,800 over 25 years at a rate of 10% per annum. Monthly principal and interest payments of $2,634 are due on the 1st of each month and late ifnot paid by the 10th , with the final payment scheduled December 1, 2022. The outstanding balance at March 31, 2013 was $195,653. On November 10, 2011, the District received the gift of the 79 acre Hawthorns property, in Portola Valley, California, and an endowment of $2,018,445 to manage the property in perpetuity. The outstanding balance of the endowment liabil ity was $1,971,040 as of March 31, 2013. 22 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT NOTES TO FINANCIAL STATEMENTS MARCH 31, 2013 NOTE 4 -CAPITAL ASSETS Capital assets are recorded at the time of purchase and are capitalized at cost. The District capitalizes as part of the asset cost, any significant interest incurred during the construction phase of the asset. Deprec iation is provided using the straight-line method for assets other than land. Estimated useful lives are as fo llows: Structures and improvements Infrastructure Equipment Vehicles 10 to 30 years 30 to 40 years 5 to 20 years 10 to 20 years Changes in capital assets accounts are summarized below: Capital assets not being depreciated Land Construction in progress Total capital assets not being depreciated Capital assets being depreciated Structure and improvements Infrastructure Equipment Vehicles Total capital assets being depreciated Less accumulated depreciation for Structure and improvements Infrastructure Equipment Vehicles Total accumulated depreciation Net caplial assets being depreciated Total capital assets, net Balance at March 31,2012 $ 368,468,116 4,778,954 373,247,070 14, I 02,668 4,403,183 1,302,609 2,691,791 22,500,25 1 6 ,9 1 6,8 59 1,064,055 645,676 1,188,689 9,81 5,279 12,684,972 $ 385,932,042 Additions & Transfers $ 10,942,7 13 1,75 1 ,944 12,694,657 573,007 2,01 0,865 213,859 143,337 2,94 1,068 361,721 203,629 91,248 183,273 839,871 2,101 ,197 $ 14,795,854 Retirements & Balance at Transfers March 31, 2013 $ $ 379,41 0,829 (2,134,532) 4,396,366 (2,13 4,532) 383,807,195 14,675,675 6,41 4,048 (7,250) 1,509,2 18 (40,891) 2,794,237 (48,14 1) 25,393,178 7,278,580 1,267,684 (3,383) 733,541 (4 1 ,004) 1,330,958 (44,387) 10,610,763 (3,754) 14,782,4 15 $ (2,138,286) $ 398,589,610 Construction in progress represents construction of structures, equipment and improvements and infrastructure not yet placed in service at March 31, 2013. 23 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT NOTES TO FINANCIAL STATEMENTS MARCH 31, 2013 At March 31, 2013, the District had made commitments of approximately $6,676,940 for construction work, legal and consulting fe es, and purchases of supplies and equipment. NOTE 5 -ACCURED COMPENSATED ABSENCES In accordance with the District's memorandum of understanding with various employee groups, emp loyees accrue fifteen days of vacation during the first nine years of service, twenty days between service years 10 and fo urteen, twenty-one days between service years fifteen and nineteen, twenty-three days between service years twenty and tw enty-four, and twenty-five days after twenty-five years of service. An employee may accumulate vacation time earned to a maximum of two times the amount ofhislher annual vacation accrual. Full-time employees accrue twelve days of sick leave annually fr om the date of employment. An employee may accumulate sick leave time earned on an unlimited basis. Upon resignation, separation fr om service, or retirement fr om District employment, workers in good standing with ten or more years of District employment shall receive a cash payment of the equivalent cash value of accrued sick leave as fo llows: Years of Empl oym ent 10-15 16-20 21 or more Percentage of equivalent cash value of accrued sick leave 20% 25% 30% An employee hired before August 9, 2006, who retires fr om the District shall receive a cash payment of the percentage of equivalent cash value or accrued sick leave based on years of employment as described above, and apply the remainder of the equivalent cash value toward his/her cost of retiree medical plan premiums andlor other qualified medical expenses. Upon retirement, the amount qualified and designated for retiree medical costs shall be deposited in the Retiree Health Savings (RRS) plan, set up by the District. The cost for maintaining the retiree's RRS account and the annual fee for the reimbursement process of qualified medical expenses will be paid for by the retiree. An employee hired on or after August 9, 2006, who retires tram the District may elect to receive only a cash payment of the percentage of equivalent cash value of accrued sick leave based on years of employment as described above. In all cases the equivalent cash value of accrued sick leave will be based on current rate of pay as ofthe date of separation fr om District employment. The District accrues for all salary-related items in the government-wide statements for which they are liable to make a payment directly and incrementally associated with payments made for compensated absences on termination. Accrued compensated absences were $1,475,939 as of March 31,2013. 24 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT NOTES TO FINANCIAL STATEMENTS MARCH 31, 2013 The change in compensated absences was as fo llows: Beginning Balance, at April 1, 2012 Net change Ending balance, at March 31, 2013 Current Portion NOTE 6 -LONG-TERM DEBT Summarized below are the current year's activities for long -term debt: Original Issue Beginning Amount Balance Additions Current Interest Promissory Notes Hunt Living Trust Promissory Note 5.00-5.50%, due 4/212023 $ 1,500,000 $ 1,500,000 $ Daloia Land Contract Promissory Note 6.25%, due 10/10120 17 240,000 117,846 2005 Refunding Promissory Notes 3.25-5.00%, due 41112015 4,630,000 3,165,000 Bergman Note 850,000 850,000 2012 Promissory Refunding Note 15,790,000 15,790,000 Unamortized Premium 2,146,066 Total promissory notes 23,01 0,000 23,568,9 12 Current Interest Revenue Bonds 2004 Revenue Bonds 2.00-5.40%, due 9/112034 30,560,000 29,385,000 2007 Series A Rev Refunding Bonds 4.00-5.00%, due 9/112027 52,415,000 52,4 15,000 2007 Series B-T Taxable Revenue Refunding Bonds, 5.15%, due 9/1n012 6,785,000 405,000 20 Il Lease Revenue Bond 20,500,000 20,500,000 Unamortized Premium NA 369,290 , Unamortized loss on refunding NA (3,640,802) Total revenue bonds 105,535,000 99,433,488 Capital Appreciation Bonds and Notes 2004 Lease Revenue Bonds Accretion 1,340,010 2,061,515 111,468 2012 Promissory Refunding Notes 15,474,707 968,830 Total Accret ion 15,228,031 17,536,222 1,080,298 Total debt $ 143,773,031 $ 140,538,622 $ 1,080,298 2S Governmental Activities $ 1,254,5 15 221 ,424 $ 1,475,939 $ 221 ,424 Amount Ending due within Retirements Balance one year $ $ 1,500,000 $ 17,753 100,093 18,888 810,000 2,355,000 1,145,000 850,000 15,790,000 540,000 67,391 2,078,675 895,144 22,673,768 1,703,888 490,000 28,895,000 620,000 1,120,000 51,295,000 630,000 405,000 20,500,000 96,182 273,108 339,194 (3,301 ,608) 339,194 2,450,376 97,661,500 1,589,194 2,172,983 16,443,537 18,616,520 $ 3,345,520 $ 138,951 ,788 $ 3,293,082 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT NOTES TO FINANCIAL STATEMENTS MARCH 31, 2013 Promissory Notes Hunt Living Trust Promissory Note. On April I, 2003, the District entered into a $1,500,000 promissory note with the Hunt Living Trust as part of a lease and management agreement. The note is due in fu ll on April I, 2023 and bears interest at 5.5% semi-annually through April I, 20 13 and 5.0% per annum until the maturity, or prior redemption, of the note. At March 31, 2013, the outstan ding balance on the note was $1 ,500,000. Daloia Land Purchase Contract Promissory Note. During fiscal year ending 2003 the District entered into a land purchase contract promissory note in the amount of $240,000. The promissory note bears interest at a fixed rate of 6.25% and matures October 10,2017. At March 31, 2013, the outstanding balance of the Daloia Land Contract note was $100,093. 2005 Refunding Promissory Note. On June 30, 2005, the District issued $4,630,000 of 2005 Refunding Promissory Notes for the purpose of refunding all of its outstanding 1995 Promissory Notes. The 2005 notes bear interest rates from 3.25% to 5.00%. Principal and interest rates are due semi-annually on March I and September I. At March 31,2013, the outstan ding balance was $2,355,000. 2010 Bergmau Note. On Nov 30, 20 I 0, the District issued a promissory note with Principal of $850,000 and interest of 4% to finance the purchase of land. Interest and principal are due on a quarterly basis beginning February 28'h, 20 11 and mature on November 30, 20 15. At March 31, 2013, the outstanding balance was $850,000. 2012 Refunding Promissory Notes. On January 19. 20 12, the District advance refunded $34,652,643 in 1999 lease revenue bonds by issuing $3 1 ,264,707 in promissory notes. The 2012 notes bear interest rates ranging fr om 2.00% to 6.04%. The notes are a blend of current interest and capital appreciation notes maturing through 2042. The net proceeds of$33,295,663 (after payment of $278,683 in underwriting fe es, insurance, and other issuance costs and a premium of $2,309,638) were used to purchase U.S government securities. Those securities were deposited in an irrevocable trust with an escrow agent to prov ide fo r all future debt service payments on the 1999 Series bonds. As a result, the 1999 Series bonds are considered to be defeased and the liability fo r those bonds has been removed from the long-term debt in the financial statements. At March 31, 20 13,the outstan ding balance of the notes, including accreted interest of $832,793, was $32,233,537. Revenue Bonds 2004 Revenue Bonds. On January 20, 2004, the Authority on behalf of the District, issued $3 1,900,0 I 0 of 2004 Revenue Bonds for the purpose of acquiring land to preserve and use as open space, repay a portion of a 1995 Promissory Note, purchase a reserve fu nd surety policy, and pay bond issue costs. The bonds consist of Current Interest and Capital Appreciation Bonds. The Current Interest Bonds bear interest at 2.0% to 5.4% and are due semi-annually on March I and September I. The Capital Appreciation Bonds accrete interest at 5.2% to %.4% and compound semi-annually on March 1 and September I. Principal payments on the Current Interest Bonds are due annually September I. Principal payments on the Capital Appreciation Bonds are payable at maturity beginning March, 2020. At March 3 I, 2013, the outstanding balance of these bonds was $31 ,067,983. 26 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT NOTES TO FINANCIAL STATEMENTS MARCH 31, 2013 2007 Series A Revenue Refunding Bonds and Series B-T Taxable Revenue Refuuding Bonds. On December 15,2006 the District issued six series of promissory notes (2007 District Notes) for the purpose of refunding its 1996 Project Lease, 1996 Promissory Notes, 1999 Project Lease, and 1999 Promissory Notes. On December IS, 2006 the Authority, on behalf of the District, issued $52,4 1 5,000 0[2007 Series A Revenue Refunding Bonds and $6,785,000 of 2007 Series B-T Taxable Revenue Refunding Bonds for the purpose of defeasing the aggregate purchase price of the 2007 District Notes. The Series A bonds bear interest from 4.0% to 5.0% and Series B-T bonds bear interest at 5.15%. Interest for both series A and B-T are due semi­ annually on March I and September I. Principal payments for the Series A bonds begin September, 2012 and are due annually, thereafter. Principal payments for the Series B-T bonds are due annually on September I. At March 31, 2013 the outstanding balance of 2007 Series A Bonds is $5 1 ,295,000 and there is no remaining 2007 Series B-T Bonds. 2011 Revenue Bonds. On May 19, 20 II, the Authority, on behalf of the District, issued $20,500,000 of 20 II Revenue Bonds for the purpose of acquiring land to preserve and use as open space and pay bond issue and related costs. The Bonds are not general obligations. Each year, the District will appropriate revenues-mainly limited properly tax collections that Santa Clara County and San Mateo County allocate to the District -to pay its obligations under a Lease Agreement for use and occupancy of District land in addition to other District debt and lease obligations unrelated to this fi nancing. The Current Interest Bonds bear interest at 2.0% to 6.0% and are due semi-annually on March I and September I. Principal payments on the Current lnterest Bonds are due annually September 1. At March 31,2013, the outstanding balance of these bonds was $20,500,000. 27 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT NOTES TO FINANCIAL STATEMENTS MARCH 31, 2013 Debt Service Requirements Annual debt service requirements are shown below for all long-term debt: Promissory Notes Remaining Year Ending March 31 Principal Accretion Interest Total 2014 $ 1,703,888 $ $ 905,308 $ 2,609,196 2015 1,650,096 831,875 2,48 1,971 2016 1,226,382 782,314 2,008,696 2017 387,750 744,646 1,132,396 2018 398,012 3,489,516 3,887,528 20 1 9-2023 2,125,000 2,743,700 4,868,700 2024-2028 5,140,000 795,825 5,935,825 2029-2033 11,737,859 9,930,000 21,667,859 2034-2037 2,806,707 8,605,000 11,411,707 2038-2042 8,894,106 45,335,000 54,229,106 Total payments due 36,069,800 $ 63,870,000 $ 10,293,184 $ 110,232,984 Plus: unamortized premiums 2,078,675 Plus: accreted interest 968,830 Total carrying amount $ 39,117,305 Revenue Bonds Remaining Year Ending March 31 Principal Accretion Interest Total 2014 $ 1,295,000 $ $ 4,974,518 $ 6,269,518 20 15 1,495,000 4,916,630 6,411,630 2016 3,260,000 4,810,530 8,070,530 2017 3,960,000 4,647,855 8,607,855 2018 4,245,000 4,456,905 8,70 1,905 20 19-2023 23,793,6 12 312,691 19,724,660 43,830,963 2024-2028 30,086,399 1,394,326 14,53 1 ,003 46,011 ,728 2029-2033 15,170,000 7,149,846 22,319,846 2034-2037 11,965,000 3,140,688 IS, I 05,688 2038-2042 6,760,000 812,713 7572713 Total payment due 102,030,01 1 $ 1,707,017 $ 69,165,348 $ 172,902,376 Plus: unamortized premiums 273,108 Plus: accreted interest 832,973 Minus: unamortized loss on refundings (3,3 01,609) Total carrying amount $ 99,834,483 28 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT NOTES TO FINANCIAL STATEMENTS MARCH 31, 2013 Debt Repayment All debt is payable from limited ad valorem property taxes levied on all taxable property within the District. NOTE 7 -RENTAL INCOME The District leases (rents) certain land and structures to others under operating leases with terms generally on a month-to-month basis. Rental income of $1 ,08 1,958 was received during the year ended March 31, 2013. NOTE 8-RETrnEMENT PLAN Pension Plan All permanent District employees are eligible to participate in the pension plan offered by California Public Employees Retirement System (CALPERS) an agent multiple employer defined benefit pension plan with acts as a common investment and administrative agent for its participating member employers. CALPERS prov ides retirement and disability benefits, annual cost of living adjustments and death benefits to plan members, who must be public employees and beneficiaries. The District's employees participate in the Miscellaneous (non safety) Employee Plan. Benefit provisions under the Plan are established by State statute and District resolution. Benefits are based on years of credited service, equal to one year of full time employment. Funding contributions for the Plan are determ ined annually on an actuarial basis as of June 30 by CALPERS; the District must contribute these amounts. The Plans' provisions and benefits in effect at March 31, 2013, are summarized as follows: Benefit vesting schedule Benefit payments Retirement age Monthly benefits, as a % of annual salary Required employee contribution rates Required employer contribution rates Miscellaneous 5 years service Monthly for life 50 2.0-2.5% 7.941% 16.29 1% CALPERS determines contribution requirements using a modification of the Entry Age Normal Method. Under this method, the District's total normal benefit cost for each employee from date of hire to date of retirement is expressed as a level percentage of the related total payroll cost. Normal benefit cost under this method is the level amount the District must pay annually to fund an employee's projected retirement benefit. This level percentage of payroll method is used to amortize any unfunded actuarial liabilities. The actuarial assumptions used to compute contribution requirements are also used to compute the actuarial accrued liability. The District does not have a net pension obligation since it pays these actuarially required contributions bi-weekly. CALPERS uses the market related value method of valuing the Plan's assets. An investment rate of return of 7.75% is assumed, including inflation at 3.0%. Annual salary increases are assumed to vary by duration of service. Changes in liability due to plan amendments, changes in actuarial assumptions, or changes in actuarial methods are amortized as a level percentage of payroll on a closed basis over twenty years. Investment gains and losses are accumulated as they are realized and ten percent of the net balance is amortized annually. 29 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT NOTES TO FINANCIAL STATEMENTS MARCH 31, 2013 As required by new State law, effective July 1,2005, the District's Miscellaneous Plan was terminated, and the employees in the plan were required by CALPERS to join new State-wide pools. One of the conditions of entry to these pools was that the District true-up any unfunded liabilities in the fo rmer Plans, either by paying cash or by increasing its fu ture contribution rates through a Side Fund offered by CALPERS. The District satisfied its Miscellaneous Plan's unfunded liability of $2,510,958 by agreeing to contribute that amount to the Side Fund through an addition to its normal contribution rates over the next 21 years. In 20\3, the District made a one-time payment of$2,51 0,958 to eliminate the liabi lity. The required contributions representing annual pension cost, for the year ended March 31 were as fo llows: Annual Percentage of Net Fiscal Year Pension Cost APC Pension Ending (APC) Contributed Obligation 3/31/2013 $ 4,298,9 13 100% $ 313 1120 12 1,572,759 100% 3/3 1120 11 1,415,161 100% The latest available actuarial values of the above State-wide pools (which differs from market value) and funding progress were set fo rth as fo llows. The information presented below relates to the State-wide pools as a whole, of which the District is one ofthe participating employers: Actuarial Unfunded Unfunded Annual (Overfunded) Valuation Accrued Value of (Overfunded) Funded Covered Liability as % Date Liability Assets Liability Ratio Payroll of Payro ll 2010 1,972,9 10,64 1 1,603,482,152 369,428,489 81.27% 352,637,380 104.76% Audited annual financial statements are available from CALPERS at PO Box 942709, Sacramento, CA 94229- 2709. NOTE 9 -OTHER POST EMPLOYMENT BENEFITS During fiscal year 2009, the District implemented the provisions of Govemmental Accounting Standards Board Statement No. 45, Accounting and Financial Reporting by Employers for Postemployment Benefits Other Than Pensions. This Statement establishes uniform financial reporting standards for employers providing postemployment benefits other than pensions (OPEB). The provisions of this statement are applied prospectively and do affect prior years financial statements. Required disclosures are presented below. The District joined the California Employers' Retiree Benefit Trust (CERBT), an agent multiple-employer plan administered by CALPERS, consisting of an aggregation of single-employer plans. District Board authorized a deposit of$I,900,000 with CERBT on June 5, 2008, to begin fu nding its OPEB liability. By Board resolution and through agreements with its labor unit, the District provides certain health care benefits for retired employees (spouse and dependents are not included) under third-party insurance plans. A summary of eligibi lity and retiree contribution requirements are shown below by bargaining unit: 30 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT NOTES TO FINANCIAL STATEMENTS MARCH 31, 2013 Eligibility Benefit Surviving Spouse Continuation Dental, V ision and Life -Service or disability retirement fr om the District -Age 50 and 5 years of service -Continue participation in Public Employees Medical and Hospital Care Act (PEMHCA) District pays retiree prem iums up to: $350 per month effective 111/2009 -Same benefit continues to surviving spouse None As of March 31, 20 13, approx imately 99 active employees and 17 retirees were eligible to receive retirement health care benefits. Funding Policy and Actuarial Assumptions The annual required contribution (ARC) was determined as part of a March 31,2010, actuarial valuation using the entry age normal actuari al cost method. This is a proj ected benefit cost method, which takes into account those benefits that are expected to be earned in the fu ture as well as those already accrued. The actuarial assumptions included (a) 7.25% investment rate of return, (b) 3.25% proj ected annual salary increase, and (c) 0% health inflation increases. The actuarial methods and assumptions used include techniques that smooth the effects of short-term volatil ity in actuarial accrued liabilities and the actuarial value of assets. Actuarial calculations reflect a long-term perspective and actuari al valuations involve estimates of the value of reported amounts and assumptions about the probability of events far into the fu ture. Actuarially determined amounts are subject to revision at least biannually as results are compared to past expectations and new estimates are made about the fut ure. The District's OPEB unfunded actuari al accrued liabil ity is being amortized as a level percentage of projected payro ll using a 30 year open amortization period. In accordance with the District 's budget, the ARC is to be fun ded throughout the year as a percentage of payro ll. Concurrent with implementing Statement No. 45, the District Board passed a resolution to parti cipate in the California Employers Retirees Benefit Trust (CERBT), an irrevocable trust established to fund OPEB . CERBT is administrated by CaIPERS, and is managed by an appointed board not under the control of the District Board. This Trust is not considered a component unit by the District and has been excluded from these financial statements . Separately issued financial statements for CERBT may be obtained from CALPERS at PO Box 942709, Sacramento, CA 94229-2709. 31 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT NOTES TO FINANCIAL STATEMENTS MARCH 31, 2013 Funding Progress and Funded Status General ly accepted accounting principles permits contributions to be treated as OPEB assets and deducted from the Actuarial Accrued Liability (AAL) when such contributions are placed in an irrevocable trust or equivalent arrangement. During the fiscal year 2009, the District made contribution in excess of the ARC and amortized its net OPEB obligation as presented below: Annual required contribution Interest on net OPEB asset Adj ustment to annual required contribution Annual OPEB cost Net OPEB Asset at March 31, 2012 Net OPEB Asset at March 31, 2013 $ $ 197,000 (97,000) 137,000 237,000 1,334,306 1,097,306 The Plan's annual required contributions and actual contributions for fiscal years ended March 31, 201 1 to 2013 are set forth below: Percentage Annual Actual of Annual Net OPEB Fiscal Year OPEB Cost Contribution OPEB Cost Asset 3/3 112013 $ 237,000 $ 0% $ 1,097,306 3/3112012 179,255 0% 1,334,306 3/3 1120 11 153,000 0% 1,513,561 The Schedule of Funding Progress presents multi-year trend information about whether the actuarial value of plan assets is increasing or decreas ing over time relative to the actuarial accrued liability for benefits. Trend data from the actuarial studies is presented below: Overfunded Overfunded (Underfunded) Entry Age (Underfunded) Actuarial Actuarial Actuarial Actuarial Actuarial Liability as Valuation Value of Accrued Accrued Funded Covered Percentage of Date Assets Liability Liability Ratio Payroll Covered Payro ll 6/30/20 II $ 2,058,000 $ 1,844,000 $ 214,000 111.61 % $ 7,331,000 2.9% 3/3 1120 10 1,894,000 1,500,000 394,000 126.27% 5,772,000 6.8% 3/3 1/2008 1,078,000 (1,078,000) 0.00% 5,590,000 -1 9.3% 32 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT NOTES TO FINANCIAL STATEMENTS MARCH 31, 2013 NOTE 10 -RISK MANAGEMENT Coverage The District is exposed to various risks of loss related to torts; theft of, damage to, and destruction of assets; injuries to employees; and natural disasters. Prior to July 1,2002, the District managed and financed these risks by purchasing commercial iusurance. On July I, 2002, the District joined the California Joint Powers Insurance Authority (CAL JPIA). CAL JPIA is composed of 119 California public entities and is organized under a joint powers agreement pursuant to California Government Code Section 6500 et seq. The purpose of CAL JPIA is to arrange and administer programs for the pooling of self-insurance losses, to purchase excess insurance or reinsurance, and to arrange for group-purchased insurance for property and other coverages. CAL JPIA' s pool began covering claims of its members in 1978. Each member government has an elected official as its representative on the Board of Directors . The Board operates through a 9-member Executive Committee. During the past three fiscal years, none of the programs of protection have had settlements or judgments that exceeded pooled or insured coverage. There have been no significant reductions in pooled or insured liability coverage from coverage in the prior year. Self-Insurance Programs of the CAL JPIA General and Automobile Liability. Each government member pays a primary deposit to cover estimated losses for a fiscal year (claims year). General liability (GL) coverage includes bodily injury, personal injury, or property damage to a third party resulting from a member activity. The GL program also prov ides automobile liability coverage. Six months after the close of a fiscal year, outstanding claims are valued. A retrospective deposit computation is then made for each open claims year. Costs are spread to members as fo llows: the first $30,000 to $750,000 are pooled based on member's share of costs under $30,000; costs in excess of $750,000 are shared by the members based upon each individual member's payro ll. Costs of covered claims above $5,000,000 are currently paid by reinsurance. The protection for each member is $50,000,000 per occurrence, up to $50,000,000. Worker's Compensation. The District also participates in the Worker 's Compensation program administered by CAL JPIA. Pool deposits and retrospective adjustments are valued in a manner similar to the General Liability pool. The District is charged for the first $50,000 of each claim. Costs from $50,000 to $100,000 per claim are pooled based on the member's losses under its retention level. Costs between $100,000 and $2,000,000 per claim are pooled based on payroll. Costs fr om $2,000,000 to $5,000,000 are paid by excess insurance purchased by CAL JPIA. The excess insurance provides coverage to statutory limits. Purchased Insurance Environmental Insurance. The District participates in the Pollution and Remediation Legal Liability Program, which is available through CAL JPIA. The policy provides coverage for both first and third party damages, including sudden and gradual pollution at or fr om property, streets, sanitary sewer trunk lines and storm drain outfalls owned by the District. Coverage is on a claims-made basis. There is a $50,000 deductible. CAL JPIA has a limit of $50,000,000 for the 3-year period from July I, 2008 through July I, 20 11. Each member of CAL JPIA has a $10,000,000 aggregate limit during the 3-year policy term. 33 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT NOTES TO FINANCIAL STATEMENTS MARCH 31, 2013 Property Insurauce. The District participates in the All-Risk property program of CAL JPIA which includes all-risk coverage fo r real and personal property (such as buildings, office furn iture, equipment, vehicles, etc). This insurance is underwritten by several insurance companies. Property is current ly insured according to a schedule of covered property submitted by the District to CAL JPIA. The All-Risk deductible is $5,000 per occurrence; $1,000 for non-emergency vehicles. Prem iums for the coverage are paid annually and are not subj ect to retroactive adjustments. Boiler & Machinery Insurance. The District participates in the optional coverage for boiler and machinery, which is purchased separately under the property program. Coverage is for physical damage for sudden and accidental breakdown of boilers and machinery, and electrical injury. There is a $5,000 per accident or occurrence deductible; properties on property schedule are covered. Crime Insurance. The District participates in the crime program of CAL JPIA in the amount of $I,OOO,OOO per claim, with a $2,500 per occurrence deductible. Insurance provides coverage for employee dishonesty, fa ilure to faithfully perform duties, fo rgery, counterfeiting, theft, robbery, burglary, and computer frau d. Premiums are paid annually and are not subj ect to retro active adjustments. Special Event Tenant User Liability Insurance. The District participates in the special events program of CAL JPIA which provides liability insurance when District promises are used fo r special events. The insurance premium is paid by the tenant user to the District according to a schedule. The District then pays the insurance arran ged through CAL JPIA. There is no deductible and the District is added as additional insured. Liability limits are purchased in $1 million per occurrence increments. Vendors/contractors program. General liability coverage is provided to vendors/contractors who otherwise could not contract with the District as they could not meet the minimum insurance requirement: $1 million per occurrence, $1 million in aggregate. NOTE 11 -NET POSITION Net Position is the excess of all the District's assets over all its liabilities, regard less of fu nd. Net Position is divided into three captions under GASB Statement 34. These capti ons apply only to Net Position, which is determined only at the Government-wide level, and are described below: Invested in Capital Assets, net of related debt describes the portion of Net Position which is represented by the current net book value of the District's capital assets, less the outstanding balance of any debt issued to finance these assets. Restricted describes the portion of Net Position which is restricted as to use by the terms and conditions of agreements with outside parties, governmental regulations, laws, or other restrictions with the District cannot unilaterally alter. Unrestricted describes the portion of Net Position which is not restricted to use. 34 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT NOTES TO FINANCIAL STATEMENTS MARCH 31, 2013 Contingent Liabilities The District has entered into numerous agreements, has properties that will require environmental remediation, and is named in certain claims and litigations. In the opinion of management, after consultation with counsel, the liability, if any, resulting there fr om will not have a material effect on the District's financial position. 35 REQUIRED SUPPL EMENTARY INFOR MATION 36 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT GENERAL FUND SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE -BUDGETARY BASIS FOR THE YEAR ENDED MARCH 31,2013 Budgeted Amounts Variance Favorable Original Final Actual (Unfavorable) REVENUES Property taxes $ 28,495,000 $ 28,875,000 30,269,803 $ 1,394,803 Grant income 4,794,000 4,794,000 913,338 (3,880,662) Investment in come 300,000 300,000 221,933 (78,067) Property management -rents 1,109,000 1,109,000 1,380,937 271,937 Other income 388,000 388,000 145,800 (242,200) Land Donation 615,000 615,000 3,890,155 3,275,155 Total Revenues 35,701 ,000 36,081,000 36,821,966 740,966 EXPENDITURES Current Salaries 9,002,479 8,806,300 8,309,803 496,497 Benefits (I) 3,850, I 07 3,530,634 6,014,461 (2,483,827) Directors 25,000 29,000 31,500 (2,500) Services and supplies 4,278,923 4,622,065 4,356,948 265,117 Capital Outlay New land purchases 9,000,000 8,434,000 6,194,600 2,239,400 Land acquisition support costs 705,000 861,000 517,312 343,688 Structures and improvements 4,804,080 4,623,080 2,206,010 2,4 17,070 Equipment 641,275 866,275 540,204 326,071 Vehicles 170,000 177,000 152,912 24,088 Total Expenditures 32,476,864 31,949,354 28,323,750 3,625,604 EXCESS (DEFICIENCy) OF REVENUES OVER EXPENDITURES 3,224,136 4,131,646 8,498,216 4,366,570 OTHER FINANCING SOURCES (USES) Transfers (out) (8,876,542) (8,876,542) (8,876,542) Total Other Financing Sources (Uses) (8,876,542) (8,876,542) (8,876,542) NET CHANGE IN FUND BALANCE $ (5,652,406) $ (4,744,896) (378,326) $ 4,366,570 Fund balance at beginning of year 41,781,543 Sub-total $ 41,403,217 Land donation (3,890,155) Fund balance end of year $ 37,513,062 (I) The unfavorab le variance noted is due to the CALPERS side fu nd repayment referred to in Note 8 to the financial statements 37 TO: General Manager FROM: Gordon Baillie Monthly Field Activity Summary Report Between 11/1/2013 And 11/30/2013 DISTRICT VIOLATIONS Bicycle Bicycle after hours Closed area - bicycle Helmet possession required Helmet required Trail use speed limit Closed Area Enter temporary/regular closed area Dog Dog in prohibited area Leash required - Dog Other After hours Damaging / removing plants Smoking - undesignated area Vehicles prohibited DISTRICT TOTAL # of VIOLATIONS CITE WARNING JCR KNOWN TOTALS VIOLATIONS 6 4 1 1 1 0 7 10 2 14 7 7 10 2 11 4 7 8 0 3 1 0 1 1 0 0 10 0 0 2 0 0 1 0 0 17 0 0 16 0 0 14 0 0 12 0 0 15 0 0 15 0 0 3 0 0 1 0 0 2 54 54 0 0 108 NON DISTRICT VIOLATIONS Dog Pets/dogs on 6 foot leash or radio collar/voice NON DISTRICT TOTAL # of VIOLATIONS CITE WARNING JCR KNOWN TOTALS VIOLATIONS 0 1 0 0 1 0 1 0 0 1 GRAND TOTAL # of VIOLATIONS 54 55 0 0 109 ENFORCEMENT Citations & JCRs Issued Parking Citations Issued ALL Written Warnings Issued Police Assistance LAW ENFORCEMENT Law Enforcement TOTALS '195 54 74 61 ACCIDENTS / INCIDENTS Fire Incident Medical - Bicycle Accident Medical - Hiking / Running Accident Medical - Other First Aid Vehicle Accident MUTUAL AID Law Enforcement Medical - Hiking / Running Accident Medical - Motorcycle Accident 6 49 49 14 2 3 4 3 2 6 1 1 2 *JCR Juvenile Contact Report Thursday, Deceneber 19, 2013 Page 1 of 5 IR 13F399 PARKING VIOLATIONS CITE WARNING TOTALS * MISSING VIOLATION * 2 0 2 Event ID# 35523 1 0 1 Event ID# 35518 1 0 1 PARKING VIOLATIONS DISTRICT CITE WARNING TOTALS 58 3 61 Prohibited Areas (Signed) 1 0 1 Prohibited Areas (Red curb) 1 0 1 Prohibited Areas (On fire trail) 2 0 2 Prohibited Areas (Nondesignated area) 5 2 7 Prohibited Areas (Blocking traffic) 4 0 4 Prohibited Areas (Blocking gate) 1 1 2 Prohibited Areas (After hours) 44 0 44 PARKING VIOLATIONS CITE WARNING TOTALS NON DISTRICT 15 3 18 Disabled Parking - Designated Space 4 1 5 No parking after hours 1 0 1 No parking 7 2 9 Parking — State Highway 3 0 3 TOTAL # of PARKING VIOLATIONS 75 6 81 Vehicle Accident 2 DATE OCCURRENCES OF SPECIAL INTEREST Nov 02 A bicyclist fell and was injured. Two District rangers, Santa Clara County Fire Department and Rural AR 13F39s Metro paramedics responded. The bicyclist likely had a broken collarbone. He was transported to the hospital by ambulance. Preserve Sierra Azul Location Kennedy Trail Rangers: 2 Nov 03 A District ranger in the Russian Ridge parking lot heard what sounded like a vehicle collision. He MA 13S327 proceeded to the area and observed two cars pulling off to the side of west Alpine Road. The ranger contacted both parties and found that there were no injuries. CHP was requested but was unable to respond due to the extended response time. The ranger facilitated insurance and identification exchange between the two involved parties. Preserve Off District Lands - Skyline Location Highway 35 and intersection of west Alpine Rd. Rangers: 2 Police: 1 Nov 04 Damage to a District gate was reported to a ranger. The ranger responded and determined that the gate had probably been damaged when it was hit by a truck. CHP responded and took a report. A large concrete pumper truck was found working at a nearby residence. The truck had paint scrapes and the colors matched those left on the gate from the collision. However, the driver denied hitting the gate. Preserve Rancho San Antonio Location Mora Trail, Gate RS10 Rangers: 1 Police: 1 Thursday, December 19, 2013 Page 2 of 5 Nov 05 A District supervisor reported seeing an article in the local newspaper of an auto burglary at the Portola IR 13S355 Road parking lot of Windy Hill Open Space Preserve. A District ranger contacted the San Mateo County Sheriffs office and obtained the victim's contact information. The burglary occurred while she was hiking. When she returned to her car, she found it had been broken into and a bag containing a computer and her wallet were missing. She placed the value of the stolen items at $3,361. Preserve Windy Hill Location Portola Road parking lot Rangers: 1 Nov 05 A District ranger working in the preserve heard a dog barking and looking up saw a large dog charging IR 13S330 toward him. The dog was not leashed. The ranger asked an approaching hiker if the dog belonged to her, and asked her to restrain the dog. She complied stating that the dog belonged to relatives living nearby, and she was just walking it. She also stated she was not familiar with the area and did not know the regulations. She was cited for dog off leash. Preserve Coal Creek Location Coal Road Rangers: 1 Nov 05 A visitor reported the remains of a campfire to a District ranger. Two rangers responded and located the IR 13F400 extinguished campfire on the trail. A Santa Clara County Fire investigator responded and took a report. The rangers confirmed that the fire was out and dispersed the ashes. Preserve St. Joseph's Hill Location Manzanita Trail Rangers: 2 Nov 08 A neighbor driving a vehicle on Langley Hill Road hit another neighbor who was walking on the road. MA 135331 The patient was transported by ambulance to the hospital. The ranger was initially asked to set up the landing zone on Langley Hill Road but the helicopter was not required. A fire department battalion chief asked the District ranger to stay with the driver of the vehicle until CHP arrived. Preserve Off District Lands - Skyline Location Langley Hill Road Rangers: 2 Police: 4 Nov 09 A vehicle was found in the parking lot displaying an altered disabled placard. The 2012 punch hole had IR 13F405 been altered and filled in, and the 2013 hole punched out. The serial number of the placard was checked against DMV records, and the placard was found to have expired approximately one year ago. A parking citation was issued and a warning notice written regarding the altered placard. A copy of the incident report was also mailed to the DMV fraud department. Preserve Rancho San Antonio County Park Location Restroom Parking Lot Rangers: 1 Nov 09 A neighbor's car caught on fire as he stopped at a District gate. CALFIRE responded and extinguished IR 13F4o3 the fire. A ranger responded after the fire was extinguished. The neighbor removed the car. There was no damage to District property. Preserve Sierra Azul Location Mt. Umunhum Road Rangers: 1 Police: 1 Nov 09 A bicyclist fell injuring his hip and ribs. Santa Clara County Fire, Rural Metro Medics, and five District AR 13F404 rangers responded. Rangers drove the Medics to the bicyclist. After examination the bicyclist was transported by rangers to the trailhead where a relative drove him to the hospital. Preserve Sierra Azul Location Kennedy Trail Rangers: 5 Nov 10 District rangers responded to a motor vehicle accident where a motorcyclist that had attempted to pass a MA 135337 vehicle making a turn on Highway 35. He suffered broken ribs and fractured right femur. San Mateo County Fire Department and provided additional patient care. Preserve Off District Lands - Skyline Location Windy Hill Vista Point Rangers: 4 Nov 12 A District ranger observed a vehicle parked after hours in the parking lot and issued an after hours IR 13S342 citation. The ranger then saw three visitors coming down the trail toward the parking lot, one carrying a small dog. The ranger made contact with the men and issued a verbal warning about being in the preserve after hours and asked the man with the dog if he had seen the regulation sign stating that dogs were prohibited. The man stated that the dog was a service dog and when asked what service the dog provided, he replied that the ranger could not ask that question. Since that is a permissible question, he was asked again what service and said the dog calmed him down. When asked to identify himself he gave a false name. After being warned of the consequences he gave his real name, was cited for dog off leash and released. Preserve Russian Ridge Location Parking lot Rangers: 3 Thursday, December 19, 2013 Page 3 of 5 Rangers: 2 IR 13S357 Nov 12 District rangers found a vehicle parked in a turnout next to the preserve. Suspecting a possible visitor in IR 135341 a closed area, the rangers proceeded on a well traveled illegal trail into the preserve. The trail crossed a creek and up a hill on the other side into a willow thicket. The rangers found a rusty shovel and further along a collection of materials and containers. Suspecting a possible marijuana cultivation site they backed out of the area. No suspects were see in the area. The site was later investigated with the assistance of California Fish and Game Department and it was determined that it had probably been an active grow site last season. Preserve Tunitas Creek Location Nov 12 An elderly runner fell in the parking lot injuring his hands, arm, shoulder, and head. A District ranger, AR 13F409 Santa Clara County Fire, and Rural Metro Medics responded. The runner was taken to the hospital by ambulance. Preserve Rancho San Antonio County Park Location Restroom Parking Lot Rangers: 1 Nov 13 District rangers discovered recent vehicle use on an old road cut. They also found motorcycle tracks, IR 13S343 vegetation that had been cut to maintain trail access, evidence of removal of fire wood, tree stumps and rounds, and black irrigation tubing with water flowing suggesting a possible marijuana garden. Staff later went out to the site with Santa Clara Sherriff and they found a cultivation site that had been active the last season. Preserve Saratoga Gap Location Old road cut Rangers: 2 Nov 16 A Deer Hollow Farm Mountain View volunteer had a hip injury after being knocked over by a cow. The AR 13F414 District's farm maintenance worker requested that District rangers and the Santa Clara County Fire Department respond. Three District rangers, Santa Clara County Fire Department, and Rural Metro Paramedics responded. The volunteer was taken by ambulance to the hospital. Preserve Rancho San Antonio Location Deer Hollow Farm Rangers: 3 Nov 16 A District ranger took a report from a man who had parked his car at the Redwood Trailhead on Highway Rangers: 2 MA 13S349 35. The car was burglarized by breaking the passenger side window and a portable speaker was stolen. The owner was transported back to his vehicle and advised to file a report with the sheriffs department. Preserve Off District Lands - Skyline Location Nov 16 A District ranger copied radio traffic from the District's volunteer program leader of an injury to a District AR 13S346 volunteer. The ranger responded, and provided medical care. San Mateo County Fire responded and provided additional care. The volunteer was transported to a local hospital. Preserve El Corte de Madera Creek Location Gallaway property off Native Sons Road Rangers: 3 Nov 20 A woman was hiking down the trail when her leg started bleeding. She stated that she had had surgery AR 13F419 on her leg vein five months earlier. Apparently the hike caused the healing wound to open and start bleeding. She also stated she was feeling lightheaded. District rangers along with Santa Clara County Fire assisted with medical aid administering oxygen and treating the wound. At her request she was transported to her vehicle by a District ranger so she could drive home. She said she would have a family member take her to the hospital. Preserve Rancho San Antonio Location Rogue Valley Trail Rangers: 3 Nov 22 A District ranger on patrol in the preserve copied radio traffic of a bicycle accident. The ranger arrived AR 13S354 on -scene and took accident information. The victim was traveling too fast for conditions, lost control of her bike, hitting a small ditch and was thrown over the handlebars, landing on her head and right arm. Woodside Fire was already on scene and provided patient care. The victim was transported by ground to a local hospital. Preserve Windy Hill Location Spring Ridge Trail Rangers: 1 Nov 24 A District ranger observed a visitor riding a motorized bicycle, which are prohibited, in the preserve. He Rangers: 1 was cited for motorized vehicle prohibited and released. Preserve El Corte de Madera Creek Location Sierra Morena Trail Nov 24 District rangers responded to a reported vehicle accident where a vehicle crossed the double line, hitting AR 13S359 an on -coming motorcycle head on. The motorcyclist went over the side of Highway 9 into the Saratoga Gap Open Space Preserve, landing 100 feet down a steep bank. District rangers assisted Santa Clara County Fire in recovering the injured motorcyclist who suffered injuries to the neck and legs and was flown to a local hospital. Rangers provided traffic control during the accident investigation. Preserve Saratoga Gap Location Hwy. 9, approx. 1 mile north of Hwy. 35 Rangers: 2 Police: 5 Thursday, Dece,nber 19, 2013 Page 4 of 5 Nov 24 A man returned from a hike and reported feeling unwell, light headed, and dizzy. Dispatch contacted AR 13F422 District rangers who responded along with Santa Clara County Fire. The man said he was a diabetic and his walking companion/caretaker said the patient had started wobbling during their walk. The patient was evaluated by rangers and medics and appeared alert and oriented. A ranger gave him a ride to his vehicle and he left with his caretaker. Preserve Rancho San Antonio County Park Location Bench near the tennis courts Rangers: 2 Nov 25 A District ranger discovered that unknown persons had driven into a gate, pulled the locking post out of IR 13F424 the ground, and had driven into the preserve. A ranger checked the area and did not find any additional damage. Two rangers replaced the gate's locking post and secured the gate. Preserve Bear Creek Redwoods Location Gate BC17 Rangers: 2 Nov 26 District rangers in the Skyline Field Office observed a vehicle drive past the office and disappear into the IR 13S360 preserve. They tracked the vehicle and located it on the Butano View Trail, well inside the preserve and past several signs stating authorized vehicles only. The occupants stated they wanted to take some pictures. The driver was cited for motor vehicles prohibited and escorted out of the preserve. Preserve Skyline Ridge Location Butano View Trail Rangers: 2 Nov 28 A hiker became i l l with severe abdominal pain. A District trail patrol volunteer met the hiker and AR 13F428 requested an emergency response. Two District rangers, Santa Clara County Fire Department, and Rural Metro Medics responded. The hiker was taken to the hospital by ground ambulance. Preserve Fremont Older Location Seven Springs Loop Trail Rangers: 2 DATE VANDALISM DETAIL Nov 06 Sign broken off. VL Preserve Sierra Azul - Rancho de Guadalupe Location SA29 Engine shaft Nov 23 Grafitti on Fire Danger signs. VL Preserve Sierra Azul Location SA07 Guardrail Thursday, December 19, 20/3 _ _. . _ . . . . . . Page 5 of 5 TO: General Manager FROM: Gordon Baillie Monthly Field Activity Summary Report Between 12/1/2013 And 12/31/2013 DISTRICT VIOLATIONS Bicycle Bicycle after hours Closed area - bicycle Helmet required Trail use speed limit Closed Area Enter sensitive/hazardous closed area Enter temporary/regular closed area Dog Dog in prohibited area Leash required - Dog Other After hours Vehicles prohibited Weapons Possession of/discharging paint ball gun, BB Possession of/discharging weapon DISTRICT TOTAL # of VIOLATIONS CITE WARNING JCR KNOWN TOTALS VIOLATIONS 2 6 3 1 0 2 4 7 0 0 0 0 3 0 0 14 0 0 7 4 0 19 5 0 7 4 0 0 1 0 1 0 0 0 1 0 0 0 0 0 2 8 7 8 0 3 0 14 0 11 0 24 0 11 0 1 0 0 1 63 28 0 0 91 NON DISTRICT VIOLATIONS Bicycle Minor bicycling without helmet Dog Pets/dogs on 6 foot leash or radio collar/voice NON DISTRICT TOTAL # of VIOLATIONS CITE WARNING JCR KNOWN TOTALS VIOLATIONS 0 0 0 1 0 0 0 1 1 0 2 0 0 2 GRAND TOTAL # of VIOLATIONS 63 30 0 0 93 ENFORCEMENT Citations & JCRs Issued Parking Citations Issued ALL Written Warnings Issued Police Assistance LAW ENFORCEMENT Law Enforcement ACCIDENTS / INCIDENTS Lost Person Search Medical - Bicycle Accident Medical - Other First Aid Vehicle Accident MUTUAL AID Law Enforcement TOTALS 154 63 59 29 3 43 43 5 1 1 1 2 1 1 *JCR Juvenile Contact Report Tuesday, January 27, 2014 -�- Page l of g r 4 PARKING VIOLATIONS CITE WARNING TOTALS DISTRICT 56 0 56 Prohibited Areas (Signed) 5 0 5 Prohibited Areas (Nondesignated area) 4 0 4 Prohibited Areas (Blocking traffic) 1 0 1 Prohibited Areas (Blocking gate) 2 0 2 Prohibited Areas (After hours) 44 0 44 PARKING VIOLATIONS CITE WARNING TOTALS NON DISTRICT 3 0 3 No Parking Zone 1 0 1 Parking — State Highway 2 0 2 TOTAL # of PARKING VIOLATIONS 59 0 59 DATE OCCURRENCES OF SPECIAL INTEREST Dec 01 A suspected marijuana grow site was discovered on the property. District rangers met with the reporting IR 13S268 party. Camping gear as well as food and refuse were found in the area. The reporting party did not see anyone in the area. The matter was turned over to California Fish & Wildlife for further investigation. Preserve Purisima Creek Redwoods Location October Farm property Rangers: 1 Dec 01 While on patrol, a District ranger saw a vehicle parked along the road at a suspicious location. The IR 13S367 ranger stopped to investigate and observed a person climbing through a gap in the fence and away from a rifle laying on the ground. That person admitting to shooting the rifle off for over an hour before being contacted by the ranger. He was cited for firearms prohibited. Preserve Los Trancos Location Inside the preserve along Page Mill Rd. Rangers: 1 Dec 04 Mountain View received a call through San Mateo Sheriffs Office of a auto burglary at Windy Hill. The IR 13S369 victim was contacted by a District ranger the following clay and information related to the incident gathered. The victim was hiking for approximately 1 hour 15 minutes and upon returnin to the parking lot found a window broken. A substantial amount of cash, a computer, wallet, and credit cards inside a backpack were stolen. A report was filed with the San Mateo County Sheriff. Preserve Windy Hill Location Portola Road parking lot Rangers: 2 Dec 06 While on patrol, a District ranger discovered a dead deer dumped approximately fifty belw a roadway. IR 13F436 The deer had yellow rope through its back legs. There was also a pig hide and two dead ducks at the site. The ranger walked further down the bank and found two gun safes that appeared forced open. The ranger notified California Department of Fish & Wildlife and returned with them to the site to assist with further investigation. Preserve Sierra Azul Location Reynolds Road Rangers: 2 Police: 1 Dec 06 A District ranger copied radio traffic of an auto burglary at the preserve parking lot. IR 13S370 Four people had pulled into the parking lot, and had put their belongings into the trunk so they would be out of sight. They had gone for a five minute walk, since one of the party was not feeling well. Upon returning to their car they found the driver's side window and the trunk open. When they had pulled into the parking lot they had seen another vehicle pull in after them, but no one had exited the vehicle, which they thought was suspicious. A number of expensive items were stolen as well as wallets, credit cards and cash. San Mateo County Sheriff responded and filed a report. Preserve Purisima Creek Redwoods Location Parking lot Rangers: 1 Police: 1 Tuesday, January 21, 2014 Page 2 of 4 Dec 07 A District ranger parked in the Monte Bello parking lot on Page Mill Road was approached by two hikers IR 13S375 who said they had found a dog on the trail inside Los Trancos. While the ranger leashed this dog, a second dog crossed Page Mill Road into the same parking lot. The dogs have been loose on numerous occasions and were known to the ranger who took the dogs to the owners' residence and secured them. The following day the ranger met with the owners and explained again about the regulations regarding dogs. The owners were cited for the dogs being in a prohibited area. Preserve Los Trancos Location Monte Bello parking lot Rangers: 2 Dec 10 While on patrol, a District ranger observed a bicyclist not wearing a helmet. The ranger stopped the IR 13S377 bicyclist, and the person was found to have an outstanding warrant for the same violation. He stated that he had received a citation "about 10 years" ago and had not taken care of it. He was advised to contact the court regarding the outstanding warrant, and was issued a citation for the new violation. Preserve Windy Hill Location Spring Ridge Trail Rangers: 1 Dec 12 One bicyclist was stopped and cited for a closed area bicycle violation. The bicyclist was warned for camping and campfire violations. IR 13F439 Preserve Rancho San Antonio Location Chamise Trail Rangers: 2 Dec 14 Two subjects were stopped and cited for closed area violations. IR 13F440 Preserve Bear Creek Redwoods Location BCR Pond Rangers: 2 Dec 16 A Santa Clara County Ranger stopped two subjects who had open containers of alcohol in their MA 13F442 vehicle. One subject was on parole and the other subject had a restraining order for the first subject. The Santa Clara County Ranger requested a Santa Clara County Sheriffs response. A District Ranger responded for officer safety until the Sheriff Deputy arrived. Preserve Off District Lands - Foothills Location Mt. Eden Road, at a Steven's Creek Co gate Rangers: 1 Police: 1 Dec 18 A District ranger on patrol saw that the shed inside the Skyline Ridge Tree Farm was open. The Tree IR 135385 Farm was not open for business at the time. Upon investigating the ranger saw that the door & door jamb has been hit by a vehicle. The inside of the shed had been sprayed with a fire extinguisher. The ranger notified the operator of the Tree Farm who responded to the scene. Nothing had been taken from inside the shed, but the locks on the door were also damaged. A San Mateo County Sheriff was requested and a report was taken. Preserve Skyline Ridge Location Tree Farm Rangers: 1 Dec 21 A District Ranger responded to a report of a subject who had entered a closed area. The Ranger IR 13F444 located ten additional subjects in the closed area. Nine of the subjects were warned for closed area violations and the leader was cited. Preserve Sierra Azul Location Mt. Umunhum Road Rangers: 1 Dec 25 A visitor reported that a radio control helicopter had damaged his parked car. A District Ranger AR 13F451 responded and saw a scratch on the hood of the car. The ranger told the people involved that they should exchange information, and suggested they contact their insurance companies. A child was flying the remote controlled helicopter at the time of the crash. Preserve Rancho San Antonio County Park Location Airplane Parking Lot Rangers: 1 Dec 26 One bicyclist fell injuring his head and face. A District Ranger, Santa Clara County Park Rangers, AR 13F450 Santa Clara County Fire Department, and Stanford Lifeflight responded. The bicyclist was transported by helicopter to the hospital. Preserve Sierra Azul Location Approximately .1 mile above Limekiln Trail junction Rangers: 1 Dec 28 A hiker became ill and complained of being weak. Rangers, Santa Clara County Fire Department and AR 13F452 Rural Metro Paramedics responded and determined the person had low blood pressure. The person was transported to the hospital by ambulance. Preserve Rancho San Antonio Location Deer Hollow Farm Rangers: 2 Dec 31 Three subjects were stopped and cited for hazardous closed area violations. IR 13F457 Preserve Sierra Azul Location Former Almaden Air Force Base (Mt. Umunhum) Rangers: 2 Tuesday, January 21, 2014 Page 3 of 4 DATE VANDALISM DETAIL Dec 02 Grafitti found on 12/2/13 "MERCED Young MONey 209" sanded off on 12/23/13. VL Preserve Skyline Ridge Location Gate SR12 Dec 15 "No Dogs" & "No Bikes" torn off. VL Preserve Long Ridge Location Hwy. 9 /Achistaca Tuesday, January 21, 2014 Page 4 of 4 Director Yoriko Kishimoto Questions January 22, 2014 MROSD Board Meeting Item 3: Investment Policy Why didn’t this go to ABC? Reserve level policy is important financial policy. The annual renewal of investment authority is required to go to the Board every January and has never been brought before ABC. After discussions with the GM, the Controller proposed a prudent revision to our reserve policy which has the effect of increasing our reserves from $5M to $11.5M in adherence to the proposed formula. This policy revision is before the full Board tonight. If the Board wishes, it can send the item back to ABC and have it reconsidered as soon as possible afterwards. However, the Controller will not have any investment authority in the meantime. Item 4: 1959 Survivor Benefits * I never understood how these work. Is the cost to the district the payment of the health benefits on top of the $4.80 per month? The district would pay directly? The employer cost at the Indexed level as of the fiscal year beginning July 1, 2013 is $4.80 per member per month. The employee cost is $2.60 per month. The annual cost will be recalculated each year as the member counts will change. The District will pay this to CalPERS. * What percentage (roughly) of public agencies provide this and what policy choices do we have as board? (full payment of medical vs. partial, payment for children, domestic partner, etc.) The answer regarding the percentage of the public agencies providing this benefit requires substantial additional research. There is no policy choice at this point. The next opportunity for the Board to make a policy choice on this matter will be in the 2015 labor negotiations. * What kind of “pool” are we part of in terms of risk management? The District is in the PA Indexed Level Pool with an accrued liability of $16,250,802; a Market Value of Assets of $18,606,508 and funded ratio based on the Market Value of Assets of 114.5% per the CalPERS Finance & Administration Ctte Actuarial Valuation Report for the 1959 Survivor Benefit Program as of June 30 2012. * I’ve heard of 5-6 different levels - what level is different than proposed on that we’re in? There are six different benefit levels, however, the only one available to the District is the Indexed Level: Benefit Level One Survivor Two Survivors Three or more Survivors Indexed** $634 $1,268 $1,902 This is another one which should have gone to ABC? No. This was the subject of negotiations and was discussed with the full Board in closed session. Item 5: Santa Clara Roads Exchange * Sorry if I asked this earlier, but was the district invited to comment on the environmental review for this bridge project (in 2008?)? County roads did an MND? Santa Clara County adopted a Mitigated Negative Declaration on April 6, 2004. As a responsible agency, the District considered the MND and determined at its March 26, 2008 meeting that no substantial changes in the project or in the circumstances under which it was undertaken had occurred. Item 9: Mindego * What size water tanks being proposed? The grazing plan recommends two 5,000 gallon water tanks to be installed at Mindego.