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HomeMy Public PortalAbout20050126 - Agenda Packet - Board of Directors (BOD) - 05-02 (2) Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 05-02 REGULAR AND SPECIAL MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 6:30 p.m. Wednesday,January 26, 2005 330 Distel Circle Los Altos,California AGENDA* Please Note: 6:30 p.m. Closed Session Special Meeting Start Time 7:30 p.m. Regular Meeting Start Time 6:30 ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT—CLOSED SESSION The Closed Session will begin at 6:30 p.m. At the conclusion of the Closed Session,the Board will adjourn the Special Meeting Closed Session to the Regular Meeting, and, at the conclusion of the Regular Meeting, the Board may reconvene the Special Meeting Closed Session. I. Conference with Legal Counsel—Existing Litigation,California Government Code § 54956.9(a) Name of Case—Citizens for Responsible Open Space v. San Mateo County LAFCo, Midpeninsula Regional Open Space District, San Mateo County Superior Court Case No. CIV442954 2. Conference with Legal Counsel—Existing Litigation,California Government Code § 54956.9(a) Name of Case: Midpeninsula Regional Open Space District v. Landi, Santa Clara County Superior Court Case No. 1-04-CV-028231 3. Conference with Legal Counsel—Existing Litigation, California Government Code § 54956.9(a) Name of Case: Foga!1y v. Midpeninsula Regional Open Space.District, San Mateo County Superior Court Case No. CIV441934 4. Conference with Legal Counsel—Existing Litigation,California Government Code § 54956.9(a) Name of Case: Midpeninsula Regional Open Space District v. Portola Investment Company, San Mateo County Superior Court Case No. CIV442786 5. Conference with Legal Counsel—Existing Litigation, California Government Code § 54956.9(a) Name of Case: Saratoga Country Club v. Midpeninsula Regional Open Space District, Santa Clara Superior Court Case No. 1-04-CV-026822 7:30* REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ROLL CALL ORAL COMMUNICATIONS—Public Meeting 05-02 Page 2 ADOPTION OF AGENDA—L. Hassett ADOPTION OF CONSENT CALENDAR—L. Hassett ADOPTION OF MINUTES—October 13, 2004 BOARD BUSINESS 7:40* 1 Appointment of 2005 Board Committees Members and Disbanding of the Ad Hoc Committee on Coastal Annexation; Approve Recommendations and Appointments of Standing and Ad Hoc Committees, Including the Determination of Compensation Status—L. Hassett 7:55* 2 Acceptance of 2003-2004 Legislative Program Report; Adoption of 2005-2006 Legislative Program; Authorize Board President and/or General Manager to Submit Correspondence to Elected Officials in Support of, or in Opposition to Pending Legislation on Behalf of District—C. Britton 3 Approve Appointments of Board President as Chairperson of the Midpeninsula Regional Open Space District Financing Authority and Directors Siemens, Cyr and Hanko as District Representatives to the Governing Board—L. Hassett 4 Approve Appointment of Director Hassett as District's Representative to the California Joint Powers Insurance Authority Board of Directors and Appointment of Two Alternates: General Manager, Craig Britton and Assistant General Manager, Sally Thielfoldt—C. Britton REVISED CLAIMS 8:30* INFORMATIONAL REPORTS—Brief reports or announcements concerning pertinent 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. CLOSED SESSION CONTINUED(IF NECESSARY) 8:45* ADJOURNMENT TIMES ARE ESTIMATED AND ITEMS MAY APPEAR EARLIER OR LATER THAN LISTED.AGENDA IS SUBJECT TO CHANGE OF ORDER. TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during Oral Communications. Each speaker will ordinarily be limited to three minutes. Alternately,you may comment to the Board by a written communication, which the Board appreciates. All items on the consent calendar may be approved without discussion by one motion. Board members, the General Manager, and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar, IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT,IF YOU NEED ASSISTANCE TO PARTICIPATE IN THIS MEETING,PLEASE CONTACT THE DISTRICT CLERK AT(650)691-1200. NOTIFICATION 48 HOURS PRIOR TO THE MEETING WILL ENABLE THE DISTRICT TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING. Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 04-21 SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS October 13, 2004 MINUTES SPECIAL MEETING I. ROLL CALL President Mary Davey called the meeting to order at 5:37 p.m. Members Present: Jed Cyr, Larry Hassett, Ken Nitz, Pete Siemens, and Mary Davey Members Absent: Nonette Hanko, Deane Little Staff Present: Craig Britton, Sue Schectman, John Maciel, Fran Buchanan IL CLOSED SESSION M. Davey stated that the Board would adjourn to Closed Session to discuss Closed Session Agenda Items 1-7. The Board recessed to Closed Session at 5:37 p.m. and the Closed Session Board concluded the Closed Session at 7:35 .m. commenced at 5:37 p .m. The p REGULAR MEETING M. Dav ey called the Regular Meeting to order at 7:37 p.m. She announced that III. y S g the Board had discussed Closed Session Agenda Items 1-7 in Closed Session and that no reportable actions had taken place. Additional Staff Present: Thomas Fischer, Gordon Baillie, Mike Williams IV. ORAL COMMUNICATIONS—There were none. V. ADOPTION OF AGENDA Meeting 04-21 Page 2 K. Nitz removed Agenda Item 5, Approval of Salary Adjustment for District Controller and Approval of District Controller's Employment Agreement; Adopt Resolution Approving District Controller's Employment Agreement to Reflect a 3 Point Salary Increase Per Annum Retroactive to April 1, 2004. Motion: K. Nitz moved that the Board adopt the agenda. L. Hassett seconded and the motion passed 5 to 0. VI. ADOPTION OF CONSENT CALENDAR Staff answered questions regarding claims: #1523, General Graphics Exhibits — mock-ups of bulletin boards; #1520, First Bankcard—purchase of two laptops and software; #1547, Mountain View Voice — publication of ordinance approved at last meeting; #1553, PG&E — Whittimore parking lot at Purisima; #1557, Ray Budzinski — installment payment on grazing plan; #1574, Timothy Best — staff will get information for K. Nitz; #1593R, Eric Remington — grants Board approved at last meeting. Motion: J. Cyr moved that the Board adopt the Consent Calendar, including minutes of the October August 11, 2004 Special and Regular Meeting; Agenda Item 4, Confirmation of a Special Meeting of the Board of Directors to Further Implement the Processes Set Out in the District's Resolutions Fulfilling LAFCo's Conditions of Approval of the Annexation of the Coastside Protection Area; Agenda Item 6, Authorize an Amendment to the Contract with District Auditor Macias Gini & Company, and Authorize the General Manager to Expend a total of $28,361 for Auditing Services for Fiscal Year 2003/2004 Which Represents $6,308 Over the Current Contract Amount; Agenda Item 7, Approval of Lease Modification/Supplement Ground Lease for Communications Structures with FAA Black Mountain, Rancho San Antonio OSP. Determine Recommended Actions are Exempt from CEQA• Adopt Resolution Approving Lease Modification; and Revised Claims 04-14. P. Siemens seconded the motion. The motion passed 5 to 0. Dir. Nitz abstained on Claim #1586. O VII. BOARD BUSI NESS A. Agenda Item No. I — Acceptance of a Quitclaim of a Conservation Easement over San Mateo County Assessor's Parcel Number 080-260-150 (former Rose-Basich Property)-, Determine Recommended Actions are Categorically Exempt from CEQA• Adopt Resolution Authorizing Acceptance of the Conservation Easement from POST — (Report R-04- p � p 101). Meeting 04-21 Page 3 T. Fischer introduced Angela Macfarlane, property owner, and presented the staff report. The document delineates prohibited and approved uses in general. He said the monitoring is in place to conserve the open space nature of the property. The agreement allows for the improvements that were there when the easement was granted. The purpose of the easement is to preserve habitat and view shed, as well as provide a buffer between the private property and the preserve. He responded to the concerns brought up in the letter to the Board from Ms. Macfarlane. One of the concerns was about the Use and Management recommendation to withhold dedication of the property. He asked that the recommendation be amended to read, "Indicate your intention to withhold dedicating the conservation easement as public open space at this time." Angela Macfarlane, 1330 Crazy Pete's Road, Woodside, thanked T. Fischer for his responses to her letter and said she looked forward to working with the District. Motion: P. Siemens moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set out in the staff report; and adopt Resolution No. 04-36, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Quitclaim to Mid peninsula Regional O the Qu en Space p g p District of Easement, Authorizing Officer or General Manager to Execute a Certificate of Acceptance of Quitclaim to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Coal Creek Open Space Preserve — POST Conservation Easement), including the amendment of the recommendation regarding dedication. J. Cyr seconded the motion. The motion passed 5 to 0. B. Agenda Item No. 2 - Approval and Adoption of Revised Schedule Fee Penalties for Parking Violations for MROSD—(Report R-04-98). G. Baillie outlined staff s recommendations. He noted that this was separate from the bail schedule approved at the previous meeting. Parking violations are handled as a civil matter rather than criminal matter. He said the fines are not considered as revenue. L. Hassett commented that he was not sure the offenders who get tickets are repeat offenders, and he would rather leave the fines as they are. G. Baillie explained that an outside company does the processing. The fines Meeting 04-21 Page 4 would cover that cost, so it would be a wash as far as revenues. In addition, the Vehicle Code says it is beneficial that all agencies have similar parking fines. L. Hassett said they have to find another solution. The problem is that there is not enough parking. J. Maciel said the only solution is to turn people away. K. Nitz suggested putting up signs about carpooling. C. Britton said staff would look into the matter and bring it back to the Board. The problem is, they cannot build more parking. Perhaps they could implement timed parking. J. Maciel said the County's master planning project included the parking restrictions. G. Baillie said the fines had not been raised for at least eight years. Motion: K. Nitz moved that the Board adopt the revised MROSD Parking Violations Penalty Schedule. J. Cyr seconded the motion. The motion passed 5 to 0. C. Agenda Item No. 3 - Proposed Amendment to Resolution No. 04-13 Regarding Appointment of an Ombudsperson to Delete the Provision Requiring District Residency_Approve the Procedures for Interviews for the Ombudsperson; Amend Resolution No. 04-13 to Delete the Requirement that the District Ombudsperson be a District Resident — (Report R-04-104). C. Britton outlined the report and explained why the number of finalists was limited to four. whether or not to re advert ise because of the change S. Sch ectman said he g would be a policy decision, not a legal issue. Motion: L. Hassett mov ed that the Board amend Resolution No. 04- 13 to delete the requirement that the District ombudsperson be a District residen t; and approve the Procedures for Interviews for the Ombudsperson. J. Cyr seconded the motion. The motion passed 5 to 0. D. Agenda Item No. 5 - Approval of Salary Adjustment for District Controller and Approval of District Controller's Employment Agreement. Admit Resolution Approving District Controller's Employment Agreement to Reflect a 3 Point Salary Increase Per Annum Retroactive April 1 2004— (Report R-04-97). Meeting 04-21 Page 5 K. Nitz asked about the word "modernize" in the third paragraph of the staff report. S. Schectman said they had simplified and clarified some of the language. There were no major changes and no deletions of anything substantive. M. Foster had reviewed the agreement. K. Nitz suggested deleting the last sentence of Section 3.A) of the agreement because it was also contained in Section 3.13). Motion: K. Nitz moved that the Board adopt Resolution No. 04-38, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving 2004-2005 Salary Adjustment for the Controller and Approving the Controller Employment Agreement, as amended. J. Cyr seconded the motion. The motion passed 5 to 0. VIII. INFORMATIONAL REPORTS J. Cyr: 1. He asked if the 25-year lease mentioned in Agenda Item 7 could be extended. C. Britton said it could be. 2. He had an email from the Bay Area Ridge Trail Council regarding the use of language in surveys. C. Britton said he would bring a presentation on that subject to the Board. 3. He attended the POST open house on September 29 and enjoyed the presentations. 4. He took three of his grandchildren to the Deer Hollow event. L. Hassett said he is one of the sponsors for the Committee for Green Foothills event on October 3)0 and there was space available at his table. M. Davey: 1. She said the Deer Hollow Farm event was delightful. Volunteers were honored. 2. She is serving on the open space committee in Los Altos Hills. 3. Mr. Zatkin had called her about setting up a hostel on District land. C. Britton suggested she refer to the Regional Open Space Study. S. Schectman said Mr. Zatkin should write a letter to the Board stating the specifics of his request including the proposed location. 4. She thanked M. Williams and C. Britton for keeping her informed regarding Thomewood Open Space Preserve. K. Nitz attended a conference of the Environmental Grant Makers of America and found it very interesting. He said they introduced a new term, "Grass Tops" rather than grass roots. C. Britton: 1. He stated that the amount agreed upon in Agenda Item 6 was the result of S. Thielfoldt's negotiations. 2. He enjoyed the Deer Hollow Farm event. 3. Nobel Prize winner Wangari Maathai of Kenya spoke at the 1990 Open Space Conference. D. Danielson had suggested that they look into the Save the Redwoods League making a dedication in her name. 4. He passed around a list of the Board Members' web email addresses. The site launch has been delayed Meeting 04-21 Page 6 for a couple of weeks. 5. The FYIs contained a memo from M. Freeman updating the ECDM project. Staff is planning to close the southern part of the preserve until the rains soak the loose ground. 6. He had an invitation for the Board to the staff appreciation event that will be held on October 20 at Cooley Landing. 7. The volunteer and docent recognition event will be at Saratoga Springs on October 15. 8. He handed out calendars showing meeting dates and dates when Board Members would be absent. 9. He had the proposed agenda for the Resource Management workshop to be held on October 25. He noted that at that workshop, the Board would be prioritizing the resource management policies they wanted to work on. He outlined the policies that the Board would be considering within the next year. 10. He went to the POST open house and said it was great. They were pleased that a Board Member attended. 11. Mr. Zatkin called him regarding violations on the coast. He referred him to Fish and Game. J. Maciel: 1. They conducted ranger practical testing today as part of the interview process. 2. He and G. Baillie attended a conference last week. IX. ADJOURNMENT At 8:50 p.m., the meeting was adjourned. Roberta Wolfe Recording Secretary Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-05-10 Meeting 05-02 January 26, 2005 AGENDA ITEM 1 AGENDA ITEM Appointment of 2005 Board Committees Members and Disbanding of the Ad Hoc Committee on Coastal Annexation PRESIDENT'S RECOMMENDATION Approve my recommendations and appointments regarding Standing Ad Hoc and Outside Committees as contained in this report, including the determination of compensation status. DISCUSSION Sections 1.80 - 1.83 of our Rules of Procedure calls for the Board President to appoint Board members to our existing Standing and Ad Hoc Committees and to outside committees, with consent of the Board. The four Standing Committees consist of Administration and Budget; Legislative, Finance, and Public Affairs; Use and Management; and Real Property. Following our Rules, Directors Siemens (Board Treasurer), Davey and Nitz were appointed to the Administration and Budget Committee at our January 12, 2005 meeting. The remaining appointments are to be approved at the second Reg g Regular Meeting in January. Recommendation is made to create an Ad Hoc La Honda Master Plan Committee and an Ad Hoc Sierra Azul & Bear Creek Redwoods Master Plan Committee. The La Honda Creek Master Plan will provide a long-term vision for the preserve and address opportunities for low-intensity public recreation, education and interpretation, regional trail connectivity, species and habitat protection, and use and management of the land. The responsibility of this committee would be to: (1) Serve as liaison with staff as the master planning process proceeds; (2) Serve as liaison with stakeholders and other constituents, attend workshops and meetings, and facilitate communication between the public and the Board; and (3) Review analyses, opportunities and constraints, and alternative scenarios and make "' recommendations regarding the Master Plan to the full Board. R-05-10 Page 2 The Sierra Azul & Bear Creek Redwoods Master Plan will provide a long-term vision for the two preserves, provide the public with greater opportunities for low-intensity recreation, address opportunities to provide interpretation and education, regional trail connectivity, species and habitat protection, and use and management of the land. The responsibility of this committee would be to: (1) Serve as liaison with staff as the master planning process proceeds; (2) Serve as liaison with stakeholders and other constituents, attend workshops and meetings, and facilitate communication between the public and the Board; and (3) Review analyses, opportunities and constraints, and alternative scenarios and make recommendations regarding the Master Plan to the full Board. Recommendation is also made to disband the Ad Hoc Committee on Coastal Annexation as its task has been completed. Section 2.30 of the District's Rules provides that all standing committees are compensable. Attendance at Ad Hoc Committee meetings is compensable when determined to be so by the Board. It is recommended that attendance at the Ad Hoc Board Appointee Evaluation Committee, Ad Hoc La Honda Master Plan Committee and Ad Hoc Sierra Azul Master Plan Committee be compensable. The Ridge Trail Council representation, an outside committee, is proposed to remain non- compensable. Proposed committee assignments for the 2005 are shown on the following page and I look forward to Board concurrence. Prepared by: L. Craig Britton, General Manager Contact person: Larry Hassett, President Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT BOARD OFFICERS—2005 President—Larry Hassett Vice-President Y ent—Jed Cyr Treasurer—Pete Siemens Secretary—Nonette Hanko BOARD COMMITTEES—2005 * non-compensable STANDING CO MMITTEES OMMITTEES AD HOC COMMITTEES Administration and Budget Board Appointee Evaluation • Pete Siemens (Treasurer) • Jed Cyr • Mary Davey • Nonette Hanko • Ken Nitz • Larry Hassett Legislative, Finance and Public Affairs La Honda Master Plan • Jed Cyr • Larry Hassett • Nonette Hanko • Mary Davey • Ken Nitz • Deane Little Use and Management Sierra Azul & Bear Creek Redwoods • Jed Cyr Master Plan • Deane Little • Jed Cyr • Pete Siemens • Ken Nitz • Pete Siemens Real Property • Mary Davey • Nonette Hanko • Deane Little OUTSIDE COMMITTEE I, Ridge Trail Council Representative* • Jed Cyr Regional Open Space t MIDPENINSULA REGIONAL OPEN SPACE DISTRICT BOARD OFFICERS—2005 President—Larry Hassett Vice-President—Jed Cyr Treasurer—Pete Siemens Secretary—Nonette Hanko BOARD COMMITTEES—2005 * non-compensable STANDING COMMITTEES AD HOC COMMITTEES Administration and Budget Board Appointee Evaluation • Pete Siemens (Treasurer) • Jed Cyr • Mary Davey • Nonette Hanko • Ken Nitz • Larry Hassett i Legislative, Finance and Public Affairs La Honda Master Plan • Jed Cyr • Larry Hassett • Nonette Hanko • Deane Little • ,.T. :_ Ken Nitz • � - Us e and Management ana ement Sierra Azul & Bear Creek Redwoods • Jed Cyr Master Plan • Deane Little • Jed Cyr • Pete Siemens • Mary-%vey • Pete Siemens '.... Real Property • Mary Davey • Nonette Hanko • Deane Little OUTSIDE COMMITTEE Ridge Trail Council Representative* • Jed Cyr REGIONAL OPEN SPACE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-05-07 Meeting 05-02 January 26, 2005 AGENDA ITEM 2 AGENDA ITEM Acceptance of Report on the District's 2003-�2004 Legislati e Pro in and Adoption of 2005-2006 Legislative Program GENERAL MANAGER'S RECOMMENDATIONS 1. Accept the 2003-2004 Legislative Program Report, as attached to this report. 2. Adopt the 2005-2006 Legislative Program, as attached to this report. 3. Authorize the Board President and/or General Manager to submit correspondence on behalf of the District to local, state and federal elected officials in support of, or in opposition to pending legislation when the General Manager and General Counsel determine such positions to be in the best interest of the District in order to effectively carry out District business and accomplish the District purposes; provided that any such correspondence be copied to the full Board of Directors as part of the next agenda packet and all such correspondence is reported to the Legislative, Finance, and Public Affairs Committee on a periodic basis. BACKGROUND At the beginning of each two-year session of the California State legislature, staff prepares a draft Legislative Program outlining the District's legislative priorities for Board review and adoption. These priorities generally include protection of the District's percentage of property tax funding, possible development and/or sponsorship of new legislation, and monitoring and taking support or oppose positions on legislation that may have an impact on the District. Staff also prepares a report summarizing the District's progress on the past Legislative Program for Board review and acceptance. The major highlights of the 2003-2004 legislative session were the passage by the voters of Proposition I A which was a Constitutional amendment to protect local agencies from property tax raids by the state, a problem for cities, counties and special districts since the passage of Proposition 13 in 1978. Assembly Bill 1195, authored by Assemblymember Rebecca Cohn on behalf of the District, was utilized as a vehicle to remove the District's power of eminent domain as a part of the Coastside Protection Program in conjunction with the San Mateo County Farm Bureau. When this bill was signed into law, it became an integral part of the District's successful annexation of the San Mateo coastal area. R-05-07 Page 2 One priority project for the 2005 —2006 Legislative Program includes changes to the Public Resources Code to clarify District Rangers' authority to perform their law enforcement duties on lands that are outside the geographical boundaries of the District or on District preserves. In order for Rangers to perform their duties on lands owned or managed by the District, irrespective of location or covered under cooperative agreements with other agencies, it appears necessary to amend Public F Resources Code Section 5561, as recommended. Staff discussed the 2003-2004 Legislative Program Status Report and the Proposed 2005-2006 Legislative Program with the Legislative, Finance, and Public Affairs Committee (LFPAC) at its January 13, 2005 meeting. The Committee approved both reports and they are being forwarded to the full Board with the Committee's recommendation for approval. Staff will be prepared to answer any questions the Board may have about 2003-2004 Legislative Program at your meeting. Prepared by: L. Craig Britton, General Manager Contact person: Same as above R-05-07 Page 3 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT LEGISLATIVE PROGRAM RESULTS OF 2003-2004 LEGISLATIVE SESSION Goals for State Legislative Activity Goal 1: Maintain and protect the District's current percentage share of the local property tax funding in light of potential State reallocation of property tax to address the state budget deficit. Results: Ever since California's voters overwhelmingly passed Proposition 13 on June 6, 1978, and reduced property taxes by about 5 7%, the District's goal has been to protect its percentage share of the local property tax. Local agencies recognized early on that this kind of protection could only be guaranteed by a constitutional amendment. Last year, a coalition of California cities, counties and special districts was effective in qualifying Proposition 65, a measure to amend the State Constitution to significantly reduce the state's authority over local government tax revenue sources. Subsequently, however, after negotiations with the Governor, a new measure—Proposition ]A—was placed on the ballot to prevent state raids on local government tax funding. On September 22, 2004, the District's Board of'Directors unanimously adopted a Resolution supporting Proposition ]A, which prevents the state from taking and diverting tax,funds originally committed to local government to pay for state purposes, and help to reduce future state budget deficits. The District also worked with the media to obtain coverage of the Board's decision. Proposition ]A won 84 percent support during the November 2, 2004 general election and voters also rejected a competing measure, Proposition 65, with 62 percent voting against it, completing the terms of the agreement between local agencies, the Governor and the legislature. Goal 2: Seek minor changes to the Public Resources Code. a) Sections 5558, 5560.1, and 5561. Current Public Resources Code language appears to limit the authority of District Rangers to lands within the District's Boundary. Seek changes to the Public Resource Code clarifying and expanding District Rangers' ability to exercise peace officer authority, under certain circumstances, outside the District's boundary. b) Sections 5540 and 5542.5. In response to the Court of Appeals decision in Johnston vs. Sonoma County Open Space and Agricultural District, modify the current language to insure that prohibited conveyances of open space land include those made under threat of eminent domain; and require that a court of competent jurisdiction determine that the applicable presumptions have been rebutted. R-05-07 Page 4 Results: Based upon the District's legislative program, the General Manager contacted Assemblymember Cohn and she agreed to author legislation to support this District goal. The District then sent a letter of support on March 28, 2003 to express the District's strong support for Assemblymember Cohn's Assembly Bill 1188. Through amendments to the Public Resources Code Sections 5540, 5542.5, and 5561, Assembly Bill 1188 would have accomplished the twin goals of ensuring the long-term preservation of California's dedicated parks and open space lands, and clarifying District peace officers' role in patrolling and protecting parks and open space lands. Passage of this bill would have confirmed that open space and parkland would not be arbitrarily sold for purposes of lesser public value. Specifically, it would have provided that dedicated open space lands may not be voluntarily conveyed by a District for payment by other public agencies, and would have assured that if an open space agency is subject to eminent domain by another public agency, a court of competent jurisdiction, rather than the open space district itself,* must make the finding whether condemnation of open space lands may occur. Assembly Bill 1188 would also have clarified that peace officers employed by open space and park districts may exercise their authority outside of district boundaries in the performance of their primary duties. However, AB 1188 died in the Assembly as a result of not passing the house of'origin prior to the end of the first year ref the two-year session. This was be the District was not able to reach an agreement on the zeal language with geld staff therefore management did not move the bill. Goal 3: Actively support the reintroduction of AB 104 by Assemblymember Joe Nation, funding the San Francisco Bay Area Program of the State Coastal Conservancy, with a regional state vehicle license fee. Work with the Bay Area Open Space Council to gain regional support for the bill. Results: The District supported the reintroduction oJ'AB 104 as AB 204 for the new session, authored by Assemblymember Joe Nation and sponsored by the Bay Area Open Space Council. The District sent letters of support to Assemblymember Nation and the appropriate committees hearing the bill and expressed the District's support of'Assembly Bill 204, the Transportation Fund for Clean Water. AB 204 would have established the Motor Vehicle Mitigation Fee in the Bay Area, whose purpose would be to support projects that reduce, remediate, or otherwise mitigate for the adverse impacts of motor vehicles and related facilities on the quality Ql'the surface waters oj'the San Francisco Bay Area. R-05-07 Page 5 A S6fte would have been collected by the California Department of Motor Vehicles on vehicles registered within San Francisco Bay Area counties whose county supervisors opted into the program. Funds would be used primarily for grants to local agencies and non-profit organizations through the San Francisco Bay Program qf*the Coastal Conservancy. The bill originally went through the Assembly and through the Senate Natural Resources Committee and then died in the Senate Transportation Committee in July 2004. Goal 4: Actively support Marin County Open Space District's effort to increase Public Resources Code misdemeanor fine limits from $500 to $1,000, infraction fine limit from $50 to $100 for the first offense, and infraction limits for second and third offenses to $200 and $500, respectively. Results: Marin County Open Space District was successful in passing legislation that increased misdemeanor fine limits with Public Policy Advocates providing support on our behalf. Goal 5: Analyze and determine if changes to the Vehicle Code would provide the best relief for identified enforcement issues. Seek legislative changes if warranted. Results: 1) Bicycle Helmet Law.- District ordinance Section 502.3 was updated in August 2004 and therefore no state legislation was required: a) No person eighteen years or older shall operate a bicycle or unicycle or similar device upon District Lands unless that person is wearing a properly fitted and fastened bicycle helmet. Such bicycle helmets must meet the standards of the United States Consumer Product Safety Commission Standard for bicycle helmets, American National Standards Institute (ANSI Z 90.4 bicycle helmet standard), the Snell Memorial Foundation's Standard for Protective Headgear for Use in Bicycling, or the American Society for Testing Materials (ASTM F-1447 standard). b) Except in designated parking areas, no person shall possess a bicycle or unicycle or similar device on District Lands without also possessing a bicycle helmet. Such bicycle helmets must meet the standards of the United States Consumer Product Safety Commission Standard for bicycle helmets, American National Standards Institute (ANSI Z 90.4 bicycle he standard), the Snell Memorial Foundation's Standard for Protective Headgear for Use in Bicycling, or the American Society for Testing Materials (ASTM F-1447 standard). 2) Handicapped Parking.- Section 801.l(k) was added to District ordinances in 2004 and therefore no state legislation was needed.- 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: k) In any space designated for disabled parking in an unpaved parking lot, except R-05-07 Page 6 when displaying a disabled placard as defined in California Vehicle Code. 3) Exhibition oJ'Speed: District added Section 803.2 to its ordinances in 2004 and therefore no state legislation was needed.- 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. Goal 6: Support any potential California parks and wildlife bond measures that may be proposed for future elections. Results: No new state park bond acts were put before the voters during this legislative session. Goal 7: Seek legislation that assures long-term protection of the District's current level of property tax funding. Results: See Goal 1. Goal 8: Review State legislation and support, oppose, or seek amendments to those bills that impact the District (i.e. ERAF, LAFCo, Subdivision Map Act, etc.). Results: Subdivision Map Act: Assemblymember Cohn agreed to author Assembly Bill 1195. This legislation, amending Section 65042 and introducing an addition to Section 66412.4 of the Government Code, would have facilitated the preservation of'open space land Specifically, it would have established clearly that conveyances to and from regional open space and park districts solely for open space purposes are exempt from the Subdivision Map Act. The proposed law would have established a very narrow category of land transfers for open space purposes, which would have been included in the types of divisions of real property excluded from the Map Act. The bill was approved by the Assembly and under consideration by the Senate; however, the bill was "gutted" and amended to be used to prohibit the District from exercising eminent domain in the Coastside, Protection Program area as provided in the agreement with the San Mateo County Farm Bureau. This legislation was key to LA FCo's approval of the annexation project. R-05-07 Page 7 Goal 9: Seek statutory amendment clarifying that prescriptive rights can be abandoned after a period of non-use. Results: No progress was made. Goals for Federal Legislative Activity Goal 10: Seek Federal legislative assistance in securing funding for the clean up of asbestos and lead-based paint at the former Almaden Air Force Station (Mt. Umunhum) in the District's Sierra Azul Open Space Preserve. Results: Funds budgeted for a Washington, D.C. lobbyist to develop and implement a strategy to encourage the Army Corps of Engineers to begin the clean up of'Mt. Umunhum were removed from the District's budget when the Stale of California threatened to severely cut the special districts'property tax revenue. Goal 11: Follow-up to ensure full funding of stateside Land and Water Conservation Funds. Results: Due to afindamental shift in Bush administration priorities awayftom funding the Land and Water Conservation program, the District has not been able to have an effective voice in securing full funding_for the stateside and local aspects of this federal grant program. Goal 12: Review specific pieces of Federal legislation and support, oppose, or seek amendments to those bills that impact the District. Results: Review is ongoing R-05-07 Page 8 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT LEGISLATIVE PROGRAM FOR 2005-2006 LEGISLATIVE SESSION Goals for State Legislative Activity Goal 1: Maintain and protect the District's current percentage share of the local property tax funding in light of the State's continuing budget shortfalls and the terms and conditions of Proposition I A. Goal 2: Clarify the issue of peace officer jurisdiction outside of District lands. Current Public Resources Code language (Sections 5558, 5560.1, and 5561) appears to limit the authority of District Rangers to lands within the District's Boundary. Pursue District-sponsored legislation, and through the legislative author, seek an opinion from the California Attorney General to clarify whether current Public Resources Code language limits the authority of District Rangers to lands within the District's boundary or within District parks and therefore hampers effective management of District lands from an overall policy perspective. If the Attorney General's Office so determines, move the bill through the legislative process in cooperation with the District's Peace Officer's Research Association of California(PORAC) representatives. The Board of Directors retains the authority to pull the legislation if it has been determined that said legislation has been modified and no longer meets the needs of the District. Goal 3: Work with the Bay Area Open Space Council to gain funding for the San Francisco Bay Area Program of the State Coastal Conservancy. Because both AB 104 and AB 204 failed in recent years, generate new ideas and corresponding legislation and seek passage. Goal 4: Review State legislation and support, oppose, or seek amendments to those bills that impact the District. Goals for Federal Legislative Activity Goal 5: Seek Federal legislative assistance in securing funding for the clean up of the former Almaden Air Force Station at Mt. Umunhum in the Sierra Azul Open Space Preserve, which is a "Formerly Used Defense Site," or FUDS. Goal 6: Follow-up to ensure full funding of stateside Land and Water Conservation Funds. Goal 7: Seek Federal legislative assistance in dissolving the Guadalupe Land Company corporation. Goal 8: Review specific pieces of Federal legislation and support, oppose, or seek amendments to those bills that impact the District. R-05-07 Page 8 MIDPENINSLILA REGIONAL OPEN SPACE DISTRICT LEGISLATIVE PROGRAM FOR 2005-2006 LEGISLATIVE SESSION Goals for State Legislative Activity Goal 1: Maintain and protect the District's current percentage share of the local property tax funding in light of the State's continuing budget shortfalls and the terms and conditions of Proposition I A. Goal 2: Clarify the issue of peace officer jurisdiction outside of District lands. Current Public Resources Code language (Sections 5558, 5560.1, and 556 1) appears to limit the authority of District Rangers to lands within the District's Boundary. Pursue District-sponsored legislation, and through the legislative author, seek an opinion from the California Attorney General to clarify whether current Public Resources Code language limits the authority of District Rangers to lands within the District's boundary or within District parks and therefore hampers effective management of District lands from an overall policy perspective. If the Attorney General's Office so determines, move the bill through the legislative process in cooperation with the District's Peace Officer's Research Association of California(PORAC) representatives. Goal 3: Work with the Bay Area Open Space Council to gain funding for the San Francisco Bay Area Program of the State Coastal Conservancy. Because both AB 104 and AB 204 failed in recent years, generate new ideas and corresponding legislation and seek passage. Goal 4: Review State legislation and support, oppose, or seek amendments to those bills that impact the District. Goals for Federal Legislative Activity Goal 5: Seek Federal legislative assistance in securing funding for the clean up of the former Almaden Air Force Station at Mt. Umunhum in the Sierra Azul Open Space Preserve, which is a "Formerly Used Defense Site," or FUDS. Goal 6: Follow-up to ensure full funding of stateside Land and Water Conservation Funds. Goal 7: Seek Federal legislative assistance in dissolving the Guadalupe Land Company corporation. Goal 8: Review specific pieces of Federal legislation and support, oppose, or seek amendments to those bills that impact the District. MEmoRANDumToDLE TO: January 26, 2005 Special and Regular Board of Directors Meeting FROM: Margaret DATE: May 10, 2005 of Agenda Item No. 2 Board Meeting 05-02 RE: Discussion g g Craig read part of Page 8 of District Legislation Proposal for 2005-2006 Legislative Session: III Pursue District-sponsored legislation, and through the legislative author, seek an opinion from the California Attorney General to clarify whether current Public Resources Code language limits the authority of District Rangers to lands within the District's boundary or within parks and therefore hampers effective management of District lands from an overall policy prospective. He went on further to state: j If the Attorney General determines that we don't have a problem, then we don't have to go forward with the legislation. But if the Attorney General does determine that we do have a problem, then we would try and move the legislative language through the process and certainly cooperate with PORAC representatives both here, in the East Bay, and others. Sue commented: If the Attorney General issues an opinion that says your peace officers have the authority you need them to have, . . . I will not need another legal issue to deal with. I want to work cooperatively with staff, PORAC, their counsel to get this done. But it has been ten years--it needs to get done. We need an outcome, one way or another, and then solve it. What I like about the Attorney General's opinion is that while the courts don't have to follow the Attorney General opinion, they give it great weight and deference. Secondly, it is a very participatory process. Sue then explained the process: The Attorney General publishes the question, anyone--any interested party can submit their comments (that Rangers have the authority they need under the penal code), anyone around the State can comment on it, and then the Attorney General takes all this public comment and issues an opinion. I feel this is an appropriate mechanism to get an impartial analysis . . .When you're talking about the power of your peace officers,that is a pretty important issue and I don't I 05-02 Meeting Excerpt, Agenda Item No. 2 Page 2 recommend that we stay in an uncertain situation. I look forward to working with PORAC and your group in making this work. Ken Nitz: We are only planning to change Section 5561, but 5560.1 also states within a district park. Shouldn't that be changed as well? Sue: I agree with you: If we are going to deal with it, we make sure that there are no inconsistencies internally between 5561 and 5560.1 and I would pose that to the AG as well. Ken Nitz: The only thing I don't understand is that Section 830(b) limits us to our borders as well. Sue: Section 830(b) says the primary duty is the protection of the park and the preservation of the peace therein, and that's exactly the dilemma. If you look up at the top it seems to say that peace officer authority extends to any place in the State. Well, if the statute stopped right there, we would have an easier question. But it doesn't, it goes on to read "for the purpose of performing their primary duty . . Ken Nitz: So wouldn't that be limited to the park then? Sue: That is what my concern is. Ken Nitz: So if we state that it is open to the Counties we are in, this still says we are limited to the park. Which one supersedes? So you want the AG to clarify both of these then. So just changing the language of 5561, etc. won't do anything. We actually need the AG to come in and clarify the whole thing? Sue: No. I am confident I could write legislative language that would clarify this issue. [Tape runs out.] The Attorney General's opinion will give us a neutral and impartial read on the situation which I hope will be accepted by staff and then we can move from there, one way or another. As your attorney, you don't need an Attorney General's opinion, I could draft language that would absolutely do the trick, but the problem is I think your staff is apprehensive. Ken Nitz: How could local formation legislation supersede a larger one which limits us? Sue: If we write new legislation with appropriate language that clarifies that: "notwithstanding 830.3 1, our peace officers have the following authority. . .;" of course we could. This is not a difficult issue; this is an issue of finding a way to work together to solve the problem. The legislative issue is not that difficult, it is working on a goal we can all get to. Mary Davey: Did LFPAC have a recommendation on this? Nonette Hanko: Yes, we recommended that we go ahead with the idea of putting in a spot bill with very simple language on a temporary basis. We get the Attorney General's opinion and then work from there. i 05-02 Meeting Excerpt,Agenda Item No.2 Page 3 Mary Davey: We need clarification to protect the peace officers that give tickets outside the district boundaries. We want to protect them and we also want to protect the interests of the District. Larry Hassett: Can we get the Attorney General opinion before February 12? Sue: The Attorney General's opinion takes months. The spot bill can come in as a placeholder, concurrently we ask the Attorney General for the opinion. Brian Malone: I would like the District to step back and work with the Association. That might set us back two years but that would give us time to get everyone on board. Not only wou ld that � be best for the employee organization and the District but also give the legislation more chance of passing. It is not necessary to find a solution to a problem that does not exist. We understand you need to listen to legal counsel, but I would hope that you would be open to the argument not to rush into it--without reaching agreement with allied agencies and with the association. Ken Nitz: The legislation that District is deciding to put through is the language we received from East Bay. That is agreeing w with hat you said. Brian Malone: We have been told that the District would never find that language acceptable, it is there as a laceholder, it could and would not bring that language as rt is, forward. Although p be "gobbly gook." Craig Britton: We had to put in some language that was at least semi-presentable for legislative counsel to look at, but I did say that I would put that in with the understanding that that was not the language that we would find acceptable. However,the Attorney General thought it was wonderful and it might change our minds. I'm not saying that it would never go forward,but I want to make it clear that that was not our proposal. We would take East Bay's language proposal and use it as our starting language for a spot bill. i in process? i RAC while it s talk with PO RAC And then a Ken N p Craig Britton: We would probably not do anything until we heard from the Attorney General. Ken Nitz: So you are saying the process would continue. Craig Britton: I don't expect this to be the final language if we did have a problem, because we thought it was too vague. Larry Hassett: Would this language come back to the Board for its approval or would this be just language that staff would be working on? Craig Britton: If we could bring back any language changes whether we agreed on it or not, we could bring it back to LFPAC. We could bring it back to the Board and since we are the sponsors of the bill we could ask the author to pull it and not go forward with it. The Board r 05-02 Meeting Excerpt,Agenda Item No. 2 Page 4 would have the authority—you are ultimately the sponsors of the bill if we introduce this legislation. It would be within your power. Brian Malone: When we were approached at the end of November, the commitment was made that the District would not go forward with a legislative solution without our agreement. We j would like to hear that commitment again. Together we would go forward but we would not go forward separately. Mary Davey: I am confused over that. Brian Malone: That was how the Area Superintendent that was given the authority to talk with the Association presented it to us. That has not been contradicted after the fact. Craig did represent to me that was not his intent. Craig Britton: My opinion is that we can work out language and, if we can't, that would be a subject for further discussion. I could not commit to giving them veto power over the language—that is really a Board decision. Deane Little: Are we changing some status quo that seems to have been operating okay for many years? Could you identify some type of harm that might occur from this change at this time? Brian Malone: Some of the specific language that has been proposed would not work for allied agencies. We do have concerns that in the legislative process that some of the old issues might come up in regards to the basic peace officer authority that 5561 grants District Rangers as the suitable police force. Some of the initial proposals were to change all the powers of municipal police to whatever peace officer status the Board decided was appropriate. We received a commitment that that would not be proposed, but the idea that the legislative counsel might propose that has come up in all the conversations that I have had with both Craig and Michael Newburn. We understand the District has some concerns with what we have proposed. Kerry Carlson: When we talk about this language I know that one of the things that Nonette is proud of is that when everyone formed this agency . . . they adopted East Bay's language. The attorneyat that time advised that that would all work out. No problem has ever come u with it. P Even though we have agreed to work with the District, it is a little bit like you have a fence line between your neighbor's house and it has been there for 50 years, and someone comes up to your door and we have to get that fence line surveyed—we are really worried about it. You are not going to get that excited, you know, the fence has been there for 50 years and me and my neighbor (sic) agree that it is working fine. It is going to be really hard to get motivated about something is not broken. Certainly we write citations at Loma Prieta Ra nch. We are still doing law enforcement there and it i in h w a e orceme t out t e e a s be portrayed that e cannot do law enforcement out of the being Y District boundaries and that is not what is currently occurring. If someone went to court and said the rangers have no authority and they prevailed on that, you would see every member of this association and East Bay willing to work together on this bill. As far as the rush for it right now, it is hard to get real excited when nothing is broken. 05-02 Meeting Excerpt,Agenda Item No. 2 Page 5 I think we should clarify—what is a little clouded—is the County Parks MOU. It really wasn't just about emergencies. We helped each other on a day-to-day basis. It also talks about law enforcement needs, rescues, etc. This is way it has been operated since 1980. [Kerry passed out copies of MOU] Nonette Hanko: We looked at the law in which the East Bay Parks District was formed under and we realize that we could use that existing law, but that the Board would decide then what ordinances were to be adopted and made it clear that we were an open space agency rather than a park agency. The big difference between East Bay and our District is that East Bay includes all of both counties, whereas the District is part of Santa Clara county, part of San Mateo County and a little part of Santa Cruz County. We are dependent upon what are known as MOUs with these counties and still have the ability to use our ordinances on the lands within our District. I think we can work out something reasonably well and we certainly have some very bright rangers and OSTs and we don't want to end up in court. Kerry Carlson: We had an agreement with State Parks and that was for the management of Burleigh Murray. As far as I know that still exists. The urgency, if there is one, I think if we are truly worried about liability. Here we were patrolling POST land for almost a year we had no management agreement with them. We are out there writing citations, we are calling in the Sheriff. If we are worried about being exposed to civil liability and being out of our jurisdiction, then that is what we need to focus on first. That is not a matter of interpretation that is just flat out we don't have any authority, when we don't have an agreement. Yet, the ranger staff did not know that and we are out there writing citations. So, if I were to focus urgency, I would focus urgency on those issues first. Craig was saying that we really didn't have any language that we sent East Bay some wording in 1995. But actually we had an Assembly Bill started—AB 405. In 1999, it was brought up again and that was Assembly Bill 1578. And showing that our agency was working,that bill brought up the 40 acre and, I believe, dedications to non-profit and our association, PORAC and East Bay, we asked them not to oppose the sections of land exchanges. The interesting thing about those 2 bills, there was no mention of jurisdiction in either one of those bills. At that point we were trying to change the word "police"because it was "antiquated." Yes, we have been working on this section a long time, but for whatever reason, two very different issues. Those earlier bills had no mention of jurisdiction. Pete Siemens: You said you were writing citations on POST land before we had an agreement? Kerry Carlson: We had an agreement for Guadalupe lands but the agreement had expired,but no one told the ranger staff. Pete Siemens: You were enforcing our ordinances, right? Kerry Carlson: Correct. Ken Nitz: It seems like your whole basis is based on "No one knows about this problem and no has challenged it so until they do, let's leave it." Am I correct? So you know there is a problem? 05-02 Meeting Excerpt,Agenda Item No.2 Page 6 Kerry Carlson: I am not saying there is a problem. I'm saying that the District is approaching us saying there is a problem. The old legal counsel had always stated it is a non-issue. Carrie Sparks-Hart: I wanted to make some clarifications about the two bills. One of the main things is that in 1995 (AB 405) under 5561 the District proposed that it read the peace officers, appointed or employed by the Board of Directors shall have, within the District for which they are appointed or employed [strike out all the powers of police officers of municipal corporations except the power of serving and executing process] and put in"those powers as are provided by the provisions of the Penal Code applicable to the class of peace offices appointed or employed by the District," meaning that jurisdiction was not in question but peace officer status was. I am confused as to how this is an issue that we have known about it for so long. We need to step back and look at what would happen to Midpeninsula in terms of political reputation if it did not have the support from their ranger association, police officer association,the California Deputy Sheriff's Association and PORAC. Even if we were for it, I'm not sure they would be for it. If Midpeninsula would go forward with that support, I don't think that would make us look very good. We have to look at the larger picture—it is not just us (sic) being affected. If there has not been any challenge in dealing with civil liberties in that whole time, I'm not sure what going forward with legislation would do for us. Craig and I did have some correspondence in writing between our association and they did get a letter from East Bay. Craig's last letter was in September of last year and he is correct that I did not formally address him of the concerns our association and East Bay had. But I certainly sat down with him and John Maciel all the way to the last day of my pregnancy. He is correct that I did not submit a letter, but I certainly tried to sit down and talk with them to try to work it out. David Hall, East Bay Parks Police Association: Our feeling is that the last presentation to the bill change, 1188,removed statutory codification that protected our police department in terms of defining the District as the place where we had the authority. If you remove that you create ambiguity d interpretation as to where in fact we actually have authority. As your legal g Y an rP counsel pointed out, the law specifically says that the police officers of the District shall have authority within the District. Our understanding is that our interpretation as a police officers aut y g rP u remove that it is not clear, it is not statutorily defined that the police association was that if you Y officers would have authority anywhere within these two counties. If it is not defined then it is up to interpretation. Our feeling is that it needs to be defined. It needs to be very clear that you need to say that it is within the District. This was to address our concerns. This is the same enabling clause that covers both you and us. We need to work with you to attempt to crack language that both effectively address your concerns and our interests. We ran that by our legal counsel and we sent you that language. We also presented to you folks, statutory precedent to that language, Section 92600 the California Educations Code that allows universities to have police departments. Their authority shall be under any property owned or operated and within one mile of the university property. This was statutory language that was a precedent to what we are suggesting. We don't want to make specific changes, but we should sit down and discuss language that meets the interests of both parties. It is our feeling that there is not a problem. If you don't like the language we suggested, let's sit down together again to work out language that is equitable for everyone. 05-02 Meeting Excerpt,Agenda Item No. 2 Page 7 Craig Britton: This affects basically East Bay and us. So my suggestion was that we separate ourselves out. If East Bay is happy with the language the way it is, then I don't want to mess with that and we separate ourselves out. My group told me that they don't want to be separate from East Bay. But we are different from East Bay. East Bay has the entirety of two counties, they have a police force that provides city services, they have parks, swimming, etc. My answer to that would be to separate it out and tailor it to us. The last time around I did try to meet with East Bay but each time I did not call East Bay directly—I went through our PORAC—and I was not afforded the opportunity to have a meeting like that. As far as sitting down with the whole group—if we try to do something together—that is certainly what I want to do, but I would prefer not to be forced to do it between now and a week from now. I have been talking about this for a couple of years so I don't know if we would get anywhere. We are not going to move the bill—we are going to sit it there. We are going to ask the Attorney General for an opinion, so I don't see urgency in that. Sue: Our goal is to expand peace officer authority outside District preserves and boundaries within the delegated powers that you as a Board determine. The MOU problems are based on problems identified tonight. The problem cropped up when staff and management wanted to work on County parks land outside our boundaries, on highways outside our boundaries, to do the things they need to do on route to preserves. I ran into problems with Santa Clara working on an MOU because of those jurisdictional issues. How do we have the authority to cite on County land outside the boundaries, etc.? East Bay Park police are appointed under a different section than our peace officers so it is not identical legally. The jurisdictional issues are different from East Bay. Under the mutual aid assistance statutes of the State, there is absolutely no question that we can cooperate with the County parks. We are talking about day-to-day operational patrol. Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-05-11 Meeting 05-02 January 26, 2005 AGENDA ITEM 3 AGENDA ITEM Appointment of District Representatives to the Governing Board of the Midpeninsula Regional Open Space District Financing Authority PRESIDENT'S RECOMMENDATION In addition to myself as Chairperson, I request you approve my appointment of Directors: Pete � Siemens, Jed Cyr and Nonette Hanko to serve on the Governing Board of the Midpeninsula Regional Open Space District Financing Authority. DISCUSSION Members of the Board The Governing Board of the Midpeninsula Regional Open Space District Financing Authority consists of five members. In accordance with its bylaws, the District's Board President shall be the Chairperson of the Financing Authority. Three members of the District's Board of Directors are appointed by the Board President. I am recommending that the three Board Members be Directors Siemens, Cyr and Hanko. 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. Accordingly, Supervisor Liz Kniss will remain as the fifth member. Officers of the Authority Section 2.4 of Article II of the Financing Authority's bylaws calls for four officers: Chairperson, Secretary, Treasurer and Controller. The Chairperson shall be the President of the Board. The Secretary is the District Clerk, Sally Thielfoldt. The Treasurer of the Authority shall be the Treasurer of the District, Pete Siemens. The Controller of the Authority shall be the Controller of the District, Mike Foster. The Authority must confirm these officers at its first meeting each calendar year. I recommend that you approve my appointment of Directors Siemens, Cyr and Hanko, to serve on the Governing Board of the Midpeninsula Regional Open Space District Financing Authority. The Financing Authority will confirm the Officers at its next meeting scheduled. Prepared by: L. Craig Britton, General Manager Contact person: Larry Hassett, President REGIONAL OPEN SPACE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-05-12 Meeting 05-02 January 26, 2005 AGENDA ITEM 4 AGENDA ITEM Approve Appointment of Director Hassett as the District's Representative to the California Joint Powers Insurance Authority Board of Directors and Appointment of Two Alternates: General Manager, C. Britton, and Assistant General Manager, S1,1Fhiel1f6ldt,,,,,1,—_,,_. GENERAL MANAGER'S RECOMMENDATI0 1. Approve appointment of President Larry Hassett to represent the Midpeninsula Regional Open Space District consistent with the requirements of the California Joint Powers Insurance Authority. 2. Approve appointment of General Manager, L. Craig Britton, and Assistant General Manager Sally Thielfoldt, as alternates. DISCUSSION Pursuant to the Joint Powers Agreement— Creating the California Joint Powers Insurance Authority, Article 7, Board of Directors, the CAJPIA shall be governed by a Board of Directors composed of one representative from each member who shall be selected from the legislative body of that member and, in addition, at least one alternate who shall be an officer or employee of the member. The alternate member(s) shall have the same authority as the regular member. The selected Board member or alternate would attend the annual CAJPIA board meeting, which is held each July, and represent the District in any other matter required by the CAJPIA Joint Powers Agreement. At your April 24, 2002 Regular Meeting, you approved appointing the Board President as the appropriate Board member selected to represent the District in this manner, with the General Manager or Assistant General Manager available as alternates (see Report R-02-62). However, according to the bylaws of the CAJPIA, each year the Board must actually name the individual representatives. Prepared by: L. Craig Britton, General Manager Contact person: Same as Above Regional Open Sp.ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CLI,kl3RA'FTNG 30 YEARS 01' 011rN SPA(A, PRESI:RVA,r[ON TO: Board of Directors FROM: L. Craig Britton, General Manager DATE: January 26, 2005 RE: FYI's 33o Distel Circle 650-691-1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hossett,Kenneth C.Nitz L.Craig Britton Midpeninsula Rangers Peace Officer Association P.O. Box 303, Saratoga, CA 95071-0303 To: The Board of the Midpeninsula Regional Open Space District The Midpeninsula Rangers Peace Officer Association is an organization open to all peace officers employed by the District. The purpose of the Ranger Association is to promote Ranger professionalism, assist our members, and assist the District in protecting and preserving the beautiful landscape we all love. We are part of the state wide Peace Officer Research Association of California(PORAC). Our Ranger Association is very concerned about the Districts proposal for legislative change to Public Resources code 5500. The proposed change is not necessary. In both the District's 30-year history and the East Bay Regional Parks District's 70-year history there has never been a challenge to either the District's Rangers or East Bay Regional Park District Police peace officer authority. This is true even though the East Bay Regional Park District Police have by policy a much higher level of enforcement than District Rangers, including many more arrests than we ever make. Although the District's counsel has interpreted the current law as necessitating such a change, that is by no means the only interpretation of current law. District Rangers are currently sworn under Penal Code Section 830.31 which reads in part, "The following persons are peace officers whose authority extends to anyplace in the state for the purpose of performing their primary duty or when making an arrest pursuant to Section 836 as to any public offense with respect to which there is immediate danger to person or property, or of the escape of the perpetrator of that offense..."The 830 sections of the penal code were specifically put in place to define peace officer authority and jurisdiction in one section of the law and should take precedence over the earlier sections of the public resources code. The Public Resources Code 5561 reads, "5561. The police appointed or employed by the board shall have, within the district for which they are appointed or employed, all the powers of police officers of municipal corporations except the power of serving and executing civil process." Police jurisdictions have been interpreted liberally when considering arrests made near boundaries. Even if the public resources code takes precedence over the penal code, our current policy still would fit into the legal confines of PR 5561. The impediment the District's interpretation of the law has caused in making mutual aid agreements with Santa Clara County Parks, has been cited as creating the need for legislation. When in fact we have had an existing mutual aid agreement with Santa Clara County Parks since 1980. When initially contacted, S C Parks said the District did not need an agreement to enforce County ordinances in County Parks. Even under the Districts conservative interpretation of the law only Almaden Quicksilver Park would be affected and we could still have an aid agreement covering all the parks we normally patrol through in route to District properties. Another argument is that many District properties lie outside the District's boundaries. Craig Britton has informed our Association that the District is in the process of annexing those areas. This would happen in the same time frame that legislation could be passed. We have been asked during the Legislative and Finance Committee meeting why not go ahead with the changes anyway if they wouldn't do any harm. The fact is that even if the District and the Association agreed on language there would be a lot of work to do working with other affected agencies, such as East Bay Regional Parks and surrounding law enforcement agencies to insure that the legislation would not impact them negatively. To go forward without doing that legwork is unwise for both interagency cooperation and for the chances of passing any legislation. Craig Britton told us that he has been aware of this problem for 15 years. The first the Ranger Association heard of the"jurisdiction problem"was in 2003, when the District last proposed a similar change proposed in the 2003-2004 legislation. However, that was not the first time the District has tried to change Public Resource Code relating x r our h officer authority of District Rangers. We mention this history to express tote peace o p Y g rY P frustration we've had both as union members and later through the Ranger Association of trying to work with the District and the District declining to work with us. In 1995 after the section was a matter of discussions at the bargaining table between the union and the District, the District sought changes to the code not to the jurisdiction language, but to the r' for r' peace officer status. The District attempted to make this basic authority o Ranger's s ce Y g p P change without notifying the union; the Ranger Association had not yet been formed. Luckily East Bay Regional Parks opposed this bill and it failed to pass. Once again in 1999 the District attempted to pass legislation without notifying the Ranger Association. Members only became aware of the matter when a letter concerning the legislation was included in the Board packet. In 2003 the District finally agreed to recognize and to work with the Ranger Association. However we could not come to an agreement on language. At that time Craig Britton told the Ranger Association that he would not go forward with out us. At the end of November 2004 the District presented the Ranger Association with the same language we had disagreed on the year prior. Michael Newburn presented this proposal. He assured us that the District would only go through with legislation if the Ranger Association agreed to it. When the Ranger Association met with Craig Britton, we informed him that the Ranger Association had tried to put together a counter proposal, but given the short time frame over the holidays and the language the District refused to consider we were unable to come to an agreement. At this time we asked him not to go forward. We also told him we wanted to continue to work to help the District resolve any problems. Craig Britton said he was going forward anyway. He said he had never intended to promise not to go forward without the Ranger Association's agreement. We have confirmed with both Area Superintendents that it was their impression from meeting with Craig Britton that he said he would not proceed without agreement. The Ranger Association has struggled through trying to even get notified of changes to our basic enabling legislation and through not being recognized by the District. When we were approached as equal partners in November we decided to put the past behind us and we were misled. Please restore our faith in this process and stick to the commitments made to our Ranger Association. Do not recommend that any changes be made to Public Resource Code 5561, 5558 and 5560.1. We would much rather work with the District than spend time fighting this legislation. Regards, Jeff Smith President Midpeninsula Rangers POA i For Immediate Release Jan. 26, 2005 POST Acquires "Diamond H Ranch" 409-acre Property Used for Horse-Breeding Menlo Park - The Peninsula Open Space Trust (POST) announced today that it has acquired 409 acres of scenic ranchland on the San Mateo Coast known as the "Diamond H Ranch. " The property is located in San Gregorio about two miles southeast of the junction of highways 1 and 84 . The ranch features picturesque rolling hills, grassy meadows and farmland and offers signature views of the entire coastal landscape. It was purchased from private owners for $3 . 385 million. The acquisition is part of POST' s $200 million campaign, Saving the Endangered Coast. "This property combines a sense of history and serenity that we experience all too rarely these days, " said Audrey Rust, POST president. "When you drive down the country road onto the ranch, you feel like you' re entering another century. "With the existing number of parcels on the property, this ranch could have been developed into at least four luxury estates . Now it will remain a working ranch with a horse-breeding operation and cattle grazing. The open, rural character of the land will be preserved. You' ll still see bobcats and herds of deer in the middle of the day. In the future, we' ll have the opportunity to create public hiking trails . " POST purchased the Diamond H Ranch from Gary and Dian Holtum, who raise prize-winning quarter horses on the property. The couple acquired the land in 1986 following Gary' s retirement from United Airlines . In recent years, as the price of land on the Coast escalated dramatically, the Holtums considered selling their property. They first POST Page 2 put the ranch on the market in 2001 and attracted considerable interest from potential developers . "After considering our options, we decided we' d prefer to sell the land to someone who' d conserve it and not develop it, " Gary said. "We' re familiar with POST' s work on the Coast and felt confident they' d take good care of the ranch. " The terms of the sale, which closed today (Jan. 26) , include a 10- year lease that will allow the Holtums to live on the land, continue their quarter-horse breeding business, and sublease a portion of the upper meadows to a small cattle grazing operation. Currently, they are raising 10 horses on the ranch, including a world-champion stallion. The Diamond H Ranch lies within the quiet and pristine Pomponio Creek Valley. The landscape is marked by steep hillsides rising to 800 feet, rolling meadows, canyons and hillside springs . The property features a narrow stretch of prime agricultural land and rich wildlife habitat for a number of species, including the endangered San Francisco garter snake and San Mateo wooly sunflower. The high ridgelines feature grand, 360-degree vistas of the Pacific ocean, San Gregorio and Pomponio valleys, and distant mountains . The property is bordered to the south and west by the Arata Ranch, recently protected by a conservation agreement between POST and the Arata family, and to the north and east by other privately owned lands . The acquisition adds to the growing network of protected lands along the Pomponio Valley. In the future, public trails may be created on the ranch with potential connections to the Arata Ranch, POST' s San Gregorio Farms and Seaside School Ridge properties, and Pomponio State Beach. POST is a leading private, nonprofit land trust dedicated to preserving the beauty, character and diversity of the San Francisco Peninsula landscape. Since its founding in 1977 , the organization has been responsible for saving 55, 000 acres as permanent open space and parkland in San Mateo and Santa Clara Counties . Included in that total are 14, 055 acres of coastal land POST has protected in the last four years through its $200 million Saving the Endangered Coast campaign. Page 1 of 2 Sally Thielfoldt From: Committee for Green Foothills [info@GreenFoothills.org] Sent: Monday, January 24, 2005 2:07 PM To: info@greenfoothills.org Subject: CGF News: Conservation Forum & Stegner Exhibit Dear friends, Committee for Green Foothills is co-sponsoring two events we thought might interest you. Conservation Easements: Land Preservation Tools for Local Communities Sunday, February 6, 3 - 5 pm Congregation Beth Am, 26790 Arastradero Road, Los Altos Hills Organized by the League of Women Voters (Los Altos-Mountain View area), this public forum will focus on open space easements and conservation easements, two important tools for open space protection. The afternoon will also include the presentation of the Mary and Wallace Stegner Award for Environmental Stewardship to CGF co-founder Lois Crozier-Hogle. The event is free, but pre-registration is required: call 650-941-4808 or email couperus@mindspring.com. More info Wallace Stegner: Throwing a Long Shadow At the Los Altos History Museum through June 12,2005 51 South San Antonio Road, Los Altos An outstanding exhibit and series of programs on the life and influence of this Pulitzer Prize-winning author, teacher, environmentalist, and co-founder of Committee for Green Foothills. The museum is free and open to the public Thursdays - Sundays, noon-4pm. More info We hope to see you at one or both of these! As always, you can find out more about these and other events on the CGF calendar. Thanks, The folks at Committee for Green Foothills Committee for green Foothills 3921 last liaysliore. Road. Palo Alto. CA 94303 Phone (650) 968-7243 Fax (650) 968-8431 � www.GreenFoothiiIs.org Yon have received this action alert because vott are subscribed to Cormnittee for Green Foothills'email alert list. To be rerrroved f-om this list, please reply to this massage ivith RE!l10117,, in the subject line. To be added to this list unit receive alerts about local open space issues,just send Your name, address. 1/25/2005 Regional Open Sp.. e INTER-OFFICE MEMORANDUM MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ('.h:LI BRAT IN ',0 VICARS OP OPEN SPA( E: PRESET VA'F )N To: C. Britton, General Manager From: M. Williams, Real Property Manager I Date: January 25, 2005 Subject: Hayes Property Addition to El Sereno Open Space Preserve Escrow closed for the subject transaction on January 19, 2005 and title to and possession of this improved 1.52-acre parcel passed to the District. I am not aware of any use and management concerns that were not addressed in the staff report to the Board. In accordance with the public notification policy, and since there were no public and/or adjoining owner comments which might require amendment to the use and management recommendations, close of escrow marks the final adoption of the preliminary use and management plan recommendation as tentatively approved by the Board of Directors at their meeting of December 15, 2005. DEDICATION/ACQUISITION CHART INFORMATION Ownership Status: Board Approval Preserve/Area County/A.P.N. Grantor Acres (Fee,Easement,Lease, pate/Res.No. Mgmt Agmt.) El Sereno Santa Clara Phil&Barbara 1.52 Fee December 15,2004 510-27-007 Hayes 04-47 Dedication Date/ Mg mt.Status: Status: Type Purchase Price GIS Code Closing Date (Open,Closed,CiV1U, intended or Other) Withheld) January 19,2005 Closed Intended Cash $950,000.00 Misc.Notes: Operations& Planning: The Board of Directors approved$50,000 for repair of the wood decking surrounding the house. This repair work will be coordinated by Real Property. Operations: The Overlook Drive entry gate to be replaced with a standard District gate and pedestrian stile. Emergency access to be enabled for Montgomery Highlands homeowners holding easement rights. cc: Board of Directors Administration Operations Accounting Planning Public Affairs 330 t)IStel CIICIe 650-691-1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER: i L.Crai Britton Los Altos cn 9goz2-tl4oq 650-691-0485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz 9 INTEROFFICE MEMORANDUM January 26, 2005 TO: L. Craig Britton, General Manager FROM: G. Baillie, Management Analyst SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY Month December Year 2004 DISTRICT VIOLATIONS CITES TOTALS OTHER CRIMES TOTALS Bicycles Resisting PO 1 Closed area 8 15 Speed 4 7 Helmet 5 9 ACCIDENTS/INCIDENTS Night-riding 1 1 Bicycle accident 0 Dogs Equestrian accident 0 Prohibited area 4 6 Hiking/running accident 2 Off-leash 14 19 Other first aid 0 Off-road vehicles 2 3 Search & Rescue 1 Closed area 5 6 Vehicle accident 0 After hours 0 4 LZ air evacuation 0 Fishing 0 0 Fire 0 Vandalism 0 2 Parking 8 9 Parking after hours 16 26 ENFORCEMENT Dumping 0 1 Parking citations 24 Camping 0 0 Other citations 44 _ 41 Campfires 0 1 Written warnings P g Weapons Arrests 0 Actual contact 0 0 Police assistance 2 Report only 0 0 Evidence of 0 0 Collecting 1 3 MUTUAL AID Unauthorized trail construction 0 3 Accident 4 Group w/out pen-nit 0 1 Law enforcement 2 Reckless driving 0 1 Landing zone off-site 2 Gathering wood 0 2 Fire _0 Encroachment 0 2 Suspicious person 0 1 SUMMARY OF SIGNIFICANT INCIDENTS BY DATE Date 2 A visitor reported seeing a suspicious person looking into vehicles at the Monte Bello lot. The witness confronted the man,who then left the area. Palo Alto police and rangers responded but could not determine if a crime had been committed. T. Valterria, R. Carlson 4 While on foot patrol in Purisima, T. Valterria discovered a new illegal trail connecting the Bald Knob Trail to a closed access road. The primary use appears to be bicycles and the trail is approximately 1/4 mile in length. 5 B. Guzman and A. Correia hiked in to look at an old marijuana growth site in Sierra Azul, used from approximately 2000 to 2001. They discovered another growing site which was active this year(2004), adjacent to the old site. They notified Santa Clara County Sheriff's Department Marijuana Task Force. Task Force members went to observe the site later in the month, with the assistance of B. Guzman and A. Correia. 6 T. Lausten observed a vehicle parked adjacent to a closed area of Sierra Azul. The vehicle was registered to a man known to frequent Sierra Azul closed areas. J. Smith arrived to assist and observed the man coming down the hillside. Since the man has been contacted several times in the past regarding closed area and collection of archeological features violations, ranger staff and the court liaison have met with the District Attorney's office to request that the violation be filed as a misdemeanor. 9 A cellular phone caller to CHP reported a bicycle accident, possibly at Fremont Older. The caller said the bicyclist "had a broken neck." Staff checked all trails in Stevens Creek County Park and the preserve. No victims were located. County Fire and County Park personnel also responded. 14 CHP received a cellular phone call reporting a mountain lion attack on a child at Fremont Older on the Fern Trail. A Sheriff's Deputy, County Fire, and a Fish and Game Warden responded, in addition to several rangers. The area was checked and no witnesses or victims were found. County Fire requested that the phone number be checked against the call from the previous week. It was the same phone number. District staff are working the sheriff's department in an attempt to determine the identity of the caller. 14 A. Correia noticed a suspicious vehicle parked in a pullout on Hicks Road. The driver stated he had seen a bobcat and had just about caught it. Later A. Correia saw the vehicle in the Jacques Ridge parking lot. A few minutes later he saw the same man riding an off road motorcycle south on Hicks, then up Mt. Umunhum Road. A. Correia went back to where the man had originally been seen and observed muddy motorcycle tire prints in the preserve. He followed the motorcycle track and discovered the beginning of an illegal trail with approximately 80 feet of cleared vegetation/duff and two cut branches. 19 C. Barresi discovered significant illegal trail construction in Purisima, descending from a closed access road for approximately 1/3 mile. The trail is two-feet wide, with full bench cuts into the hillside, cutting and clearing of vegetation on both sides of the trail and construction of retaining walls and bridges. Many tree roots were cut, several measuring over a foot in diameter. A large amount of rock had been excavated and it appeared that further construction was planned. C. Barresi placed into evidence the many construction tools left at the terminus of the trail. December vandalism 14 The storage cabinet on the rest room in the Sierra Azul parking lot was broken into and damaged. The toilet paper dispenser inside the rest room was damaged. 15 A vehicle rammed a fence at Skyline Ridge, destroying 12 split rails and 6 posts. Regional Open Sp..4-�e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT (,Y1,1,3RA`I'ING 30 YFIAR.S OF OPEN SPAC.r PRESIdRVA-1-1 )N TO: Board of Directors FROM: L. Craig Britton, General Manager DATE: January 21, 2005 i RE: FYI s 33o Dlstel Circle 650-69i-1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,led Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-691-0435 fax www.©penspace.org Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz L.Craig Britton _ I January 11, 2005 To: John Maciel, Operations Manager From: David Sanguinetti, Area Superintendent Subject: Recent Storm Damage Report Total inches of precipitation since 12/25/04 = 12.58 Inches. El Corte de Madera -Fir Trail is rutting and sliding on the section that goes down to the Methuselah Trail from the Resolution Trail. This section of trail is scheduled for eventual closure and a reroute in the Watershed Protection Program. -Gordon Mill has a number of new rolling drain dips that have been breeched causing increased rutting from longer water run distances. -Manzanita Trail has a slide causing water to be blocked and cross trail. -Timberview has a partially blocked culvert that is still flowing but being watched. La Honda Creek 12"tree blocking the road on the former Harmon Property off of Bear Gulch Road Purisima Creek -New section of the Grabtown Trail has a slide that will need to be cleared before trail can be opened in the Spring. Russian Ridge -Slide closed Mindego Trail where it goes from the creek to the True Ranch Road. Skyline Ridge -Ridge Trail Alternate has a partially blocked culvert that we are watching. Conclusion Considering the amount of rain the area has received, in a short time, it appears the type of winter drainage work the staff has performed on Skyline Area Trails and Roads has made a difference in how they hold up. Regional Open Sp ;e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT January 21, 2005 CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION DFA-GRANTS Division of Financial Assistance State Water Resources Control Board 1001 I Street, 16th Floor Sacramento, CA 95814 RE: Adobe Creek Watershed Restoration and Flood Control Project Dear Sir/Madam: Please accept this letter of support from Midpeninsula Regional Open Space District for the subject project. The Wildlife Heritage Foundation is seeking to obtain funds on behalf of the Adobe Creek Watershed Group from the 2005 Watershed Protection and Nonpoint Source Pollution Control Grants program through a consolidated granting process administered by the State Water Resources Control Board. The District preserves and protects nearly 50,000 acres of land, and supports other environmental groups looking to restore and protect natural resources important to the communities within our region. As such, the District recognizes that the Adobe Creek is important to the residents of Los Altos and Los Altos Hills and is categorized as Open Space Conservation in the General Plan of Los Altos Hills. The funds awarded to the Wildlife Heritage Foundation from the 2005 Watershed Protection and Nonpoint Source Pollution Control Grants program will enable the Adobe Creek Watershed to protect habitat while effectively addressing flooding and erosion problems along Adobe Creek in both Los Altos and Los Altos Hills, to the benefit of the local residents as well as the community at large. An award of the requested grant enables the Adobe Creek Watershed Group to significantly further their goal of protecting Adobe Creek, a major environmental resource. Thank you for your thoughtful and positive consideration of this grant application. Sin erely, r L. Craig Britton General Manager LCB:ec cc: Board of Directors 33o Distel Circle 650-691-12oo info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz L.Craig Britton Claims No 05-02 Meeting 05-02 Date 01/26/05 Revised Midpeninsula Regional Open Space District # Amount Name Description 2082 $162.72 ADT Security Services Burglar Alarm Service 2083 $287.33 Allied Auto Works Vehicle Service and Repair 2084 $280.37 Americas Propane 2085 $185.11 Barron Park Supply Co.,Inc. Plumbing Supply 2086 $107,64 Board of Equalization Fuel Tax for Diesel 2087 $126.23 Browning-Ferris Industries Garbage Service 2088 $200.00 Bruce Elliott Honorarium for Docent Enrichment 2089 $169.92 California Water Service Company Water Service 2090 $1,265.00 Camino Medical Group Medical Services 2091 $350.00 '1 City of Los Altos Room Reservation-Docent Potluck Event 2092 $32.42 Clean Source Janitorial Supplies 2093 $2,125.00 Concern EAP Quarterly Fee 2094 $10,889.81 Cresco Equipment Rentals Tractor Rental 2095 $14.38 CSK Auto Vehicle Supplies 2096 $1,800.00 Dahn Design,LLC Interpretive Signs 2097 $1,172.36 Design Concepts Graphic Design Services-Brochures 2098 $21,760.02 Design,Community&Environment Master Planning Services-La Honda Creek Open Space Preserve Service h T 2099 52.46 G&K Se ce Shop Towel wel Service 2100 $278.98 Galls Incorporated First Aid Supplies 2101 $3,870.00 Gilroy Motorcycle Center Yamaha 2005 2102 $460.00 Green Waste Recovery,Inc. Garbage Services 2103 $107.15 Guzman,Ben Reimbursement-Uniform Expense 2104 $215.80 Hasler Financial Services,LLC Postage Meter Lease 2105 $1,270.31 Hertz Equipment Rental Equipment Rental-Bobcat 2106 $196.47 Interstate Traffic Control Product Sign Posts 2107 $41.09 Kier&Wright Civil Eng.&Surveyors,Inc. Engineering Services-El Sereno OSP 2108 $402.34 Kwik Key Lock&Safe Co.Inc. Keys&Locks Services 2109 $562.36 Langley Hill Quarry Base Rock 2110 $224.95 Len's Computer Supplies Computer Supplies-DLT Tapes 2111 $11,702.84 LFR Levine Fricke Engineering&Design Services-Pulgas Ridge 2112 $522.37 Los Altos Garbage Co. Refuse Services 2113 $1,008.90 Maaco Vehicle Repairs 2114 $794.80 MetroMobile Communications Radio Repairs 2115 $2,787.66 Miller,Starr&Regalia Legal Services 2116 $315.00 "2 Mitch Matheu Redwood Trees 2117 $64.90 Mountain View Garden Center Rental Repairs 2118 $792.23 Office Depot Office Supplies 2119 $1,035.50 Old Republic TitleCompany Stienstra Title&Escrow 2120 $1,505.69 Page&Turnbull Construction Drawings&Services-Picchetti Ranch Winery Building 2121 $531.44 Peterson Tractor,Co. Tractor Repair 2122 $20.95 Rancho Hardware&Garden Shop Field Supplies 2123 $39.02 Rayne Water Conditioning Water Conditioner Service 2124 $500.00 Rentco Fence,Inc. Fence Rental 2125 $3,878.63 Roy's Repair Service Vehicle Repairs&Service 2126 $647.01 San Jose Water Company Water Service 2127 $10.00 San Mateo Co.Public Health Lab. Tick Testing 2128 $787.91 Shoreline Printing&Graphics,Inc. Printing Services-Brochures 2129 $640.00 Simmons,Duncan Reimbursement-CA State Bar Dues 2130 $207.84 Speedy Auto&Window Glass Install Tractor Glass Page 1 of 2