Mitigation match up: Red-legged frogs find a friend

Three years ago this month the Open Space Authority acquired 233 acres in the Penitencia Creek watershed. The parcel, on the eastern boundary of Alum Rock Park, connected two parts of what is now Sierra Vista Open Space Preserve.

At a recent board meeting the Authority sold a 57-acre easement along creeks on the property to the Santa Clara Valley Water District. The purchase price was $501,589, money that will go into a land management endowment and also cover resource enhancement projects throughout the preserve.

Purchase of the conservation easement will enable the water district to offset environmental impacts to wetlands and California red-legged frogs that occur during routine stream and canal maintenance projects. The area covered by the easement includes buffer lands around three streams: Upper Penitencia Creek, the south branch of Penitencia Creek, and Arroyo Aguague, a tributary to Upper Penitencia Creek.

Once common throughout California, the red-legged frog has disappeared from much of its historic range, due to human consumption, predation by bull frogs and habitat loss. The species was listed as threatened under the Endangered Species Act in 1996.

Several other sensitive species, including the foothill yellow-legged frog and steelhead trout, may also benefit from the conservation management of these streams. Foothill yellow-legged frogs are a state species of special concern, and the steelhead trout is listed as threatened under the Endangered Species Act.

Provisions of the easement agreement will allow hikers, cyclists and equestrians to access the area on an existing road once OSA is able to complete other improvements. Mitigation activities will be reviewed and approved by California Department of Fish and Game and U.S. Fish and Wildlife Service.

Trails and wet weather, a challenging mix

Trail closures can be frustrating when a sunny day finally comes along and your favorite hike or ride is out of reach. With so many “young” trails, OSA needs to keep a close watch on rain impacts.

It can take 3 or 4 years for a trail tread to become compacted. As areas with slow-draining soil are identified, crushed rock and stone are brought in to provide a firmer surface. This also increases permeability, enabling water to move more quickly from the trail’s surface deeper into the ground. Over time traffic on the trail will help settle the rock into a stable tread.

It’s the nature of water to follow the path of least resistance as gravity draws it toward the center of the planet. For rain, that path is often your hiking or riding trail. Knowing this, we build trails with drainages and water diversion structures. But the trails still have to be tested by – you guessed it – actual rain to be sure they’re adequate to typical rainfalls. Sometimes adjustments to prevent erosion are needed.

And then there are storms like the one in October. There was nothing typical about 8 inches of rain in one day. The result was small landslides, erosion, fallen boulders and a few quagmires. Events of this type can change the topography of the trail and its surrounding environment, requiring additional improvements.

OSA preserves are open 365 days of the year. It’s the Authority’s goal, as the trails mature, to keep them accessible to all users every day. Nature is our partner in this (and sometimes the boss). We appreciate your patience as we work toward our goal.

OSA directors adopt a framework for allocating funds

At its meeting on November 12, the Board of Directors voted to establish a framework for allocating funds received from the settlement of litigation regarding Assessment District Two. The framework identified three general program areas: acquisition of open space, public access projects and a financial sustainability reserve.

The assessment district was created in 2001 and accrued more than $57 million, which was held in an account pending the final outcome of a legal challenge to its validity. In July 2008, the California Supreme Court overturned two lower court decisions in the Authority’s favor. The matter was returned to the Santa Clara County Superior Court where OSA and the plaintiffs settled it.

As a condition of the settlement agreement, which was approved by the Superior Court, the portion of the assessment account balance not paid to satisfy refund claims, attorney’s fees and costs, and other authorized expenses will remain with the Authority. In accordance with the agreement, the Authority may use these funds for its purposes, at its discretion, and without restriction.

Currently all OSA activities are supported by an earlier assessment district that raises $4.1 million annually, based on an assessment of $12 per single family home. This assessment, established in 1995, has no adjustment for inflation. The program areas established in the planning framework for the remaining Assessment District Two funds will enable the Authority to further its open space goals and ensure a secure financial base for future service levels.

Acquisitions
Purchase of open space lands in the urban and rural areas within OSA jurisdiction remains a high priority. A number of significant properties are currently being pursued. A portion of Assessment District Two funds will be set aside to complete these purchases and others that may arise in the future. Recommendations on specific properties will be brought to the Board of Directors by the Acquisition Committee and the General Manager.

Public Access
The Authority has developed a plan to expand access on Sierra Vista Open Space Preserve with the addition of parking, staging and additional trails. These improvements have received grant funding for planning and were positively reviewed at several public workshops. Increasing use of Rancho Cañada del Oro Open Space Preserve indicates an interest in developing more trails on that preserve as well. In addition, the purchase agreement for the Blair Ranch addition requires developing public access to the area within five years. There are also scenic lands currently closed to general public use that could be opened within five to ten years if funding beyond Assessment District One is available.

A portion of Assessment District Two funds will be set aside to complete the planned public access projects. The Use and Management Committee and the General Manager will recommend projects to the Board of Directors for possible funding.

Financial Sustainability Reserve
The purchase of additional properties and the expansion of public facilities will increase the Authority’s operations and management costs. In order to ensure financial stability and preserve operational flexibility, the Board of Directors has approved establishment of a reserve fund. These funds will be invested as permitted by California Government Code and OSA policy; interest accrued will be used to supplement Assessment District One in funding the Authority’s activities.

The Board of Directors may also determine to use the reserve funds to pay future costs associated with additional property acquisition, public access projects, capital asset purchase and maintenance, and land management activities.

Property tax bills will show a reduced OSA assessment

The assessment for the Santa Clara County Open Space Authority that will appear on property owners' next tax bill will be reduced as a result of a recent Supreme Court decision.

The Open Space Authority has had two assessment districts since 2001, District 1 and District 2.  Assessments for these districts have generally shown up on property tax bills as a single assessment. 
On July 14, 2008, the California Supreme Court found in favor of two taxpayers associations in a lawsuit challenging the Authority’s District 2.

To comply with the court's ruling, District 2 was eliminated and property owners will no longer be assessed under this assessment district. The assessment that will appear on the next property tax bill will be for District 1 only. The disposition of funds collected in prior years pursuant to District 2 will be addressed in further court proceedings.