Loading...
HomeMy Public PortalAbout20050209 - Agenda Packet - Board of Directors (BOD) - 05-03 r Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REGULAR AND SPECIAL MEETING Meeting 05-03 BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 6:00 p.m. Wednesday, February 9, 2005 330 Distel Circle Los Altos, California A GENDA Please Note: 6:00 p.m. Closed Session Special Meeting Start Time 7:30 p.m. Regular Meeting Start Time 6:00 ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT—CLOSED SESSION The Closed Session will begin at 6:00 p.m. At the conclusion of the Closed Session, the Board will adjourn the Special Meeting Closed Session to the-Regular Meeting, and, at the conclusion of the Regular Meeting, the Board may reconvene the Special Meeting Closed Session. 1. Conference with Legal Counsel—Existing Litigation, California Government Code § 54956.9(a) Name of Case—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—Anticipated Litigation—Significant Exposure to Litigation Pursuant to California Government Code § 54956.9(b): one case 3. Public Employment—California Government Code § 54957(b)(1) Public Employee Performance Evaluation—General Manager 7:30* REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ROLL CALL ORAL COMMUNICATIONS—Public ADOPTION OF AGENDA—L. Hassett ADOPTION OF CONSENT CALENDAR—L. Hassett *** ADOPTION OF MINUTES—November 17, 2004; December 15, 2004 *** APPROVAL OF WRITTEN COMMUNICATION Meeting 05-03 Page 2 BOARD BUSINESS 7:40* 1 Authorization to Participate in Release of Rust to Control Yellow Starthistle; Determine Recommended Actions are Categorically Exempt from CEQA; Authorize the General Manager to Take the Necessary Steps to Participate in the Program with San Mateo County Agriculture Department to Release Yellow Starthistle Rust—C. Roessler 8:00* 2 Reconsideration of Bid Protest Filed by Casey Construction Regarding the Award of a Contract for Demolition Services and Construction of a Parking and Staging Area at Pulgas Ridge Open Space Preserve, Determination that the Bid Proposal Submitted by Watershed Science Was Nonresponsive to the Bid Specifications, and Award of Contract to Casey Construction—D. Vu 8:15* 3 Review Proposed Preliminary Action Plan for the Implementation of the District's Basic Policy for Fiscal Year 2005 - 2006—C. Britton 9:15* 4 Proposed License and Management Agreement and Assignment of Rents and Security Deposits with POST for Stevens Canyon Ranch Property Adjacent to Saratoga Gap Open Space Preserve (Santa Clara County Assessor's Parcel Numbers 503-04-001, 503-05-016, 039 and 503-06-024); Determine Recommended Actions are Categorically Exempt from CEQA; Authorize General Manager to Sign Said Agreements—M. Williams REVISED CLAIMS 9:25* 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) 9:35* 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. A//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-1-0 PARTICIPATE INTHIS 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 ToTf its MEETING. i Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 04-29 REGULAR MEETINGS BOARD OF DIRECTORS November 17, 2004 MINUTES REGULAR MEETING I. ROLL CALL President Mary Davey called the Regular Meeting to order at 7:30 p.m. Members Present: Jed Cyr, Nonette Hanko, Larry Hassett, Deane Little, Ken Nitz, Pete Siemens and Mary Davey Members Absent: None Staff Present: Gordon Baillie, Craig Britton, John Maciel, Sue Schectman, Sally Thielfoldt, Mike Williams, Cathy Woodbury II. ADOPTION OF AGENDA Motion: P. Siemens moved that the Board adopt the agenda. L. Hassett seconded and the motion passed 7 to 0. III. ADOPTION OF CONSENT CALENDAR K. Nitz removed Agenda Items 4 and 5. Motion: L. Hassett moved that the Board adopt the Consent Calendar, including Agenda Item 2, Appointment of Unopposed Candidates in Wards 3, 4, and 7, Agenda Item 3, Authorization to Pay for Election Services Rendered in Connection with the Local Agency Formation Commission Registered Voter Protest of the Coastside Protection Program in the Amount of$26,486.89, and Revised Claims 04-16. J. Cyr seconded the motion. The motion passed 7 to 0. i Meeting 04-29 Page 2 IV. ORAL COMMUNICATIONS Jerry Hess, 1100 Ranchero Way, San Jose, California was stationed at the Almaden Air Force Base, as a former air weapons controller. The National Museum of the U.S. Air Force, located at Wright-Patterson AFB, Ohio, together with NORAD (North American Aerospace Defense Command) are looking for artifacts of old radar sites with the goal of preserving the history of U.S. Air Force radar sites. His request is to explore the radar site itself and see what artifacts are still remaining, e.g., old equipment that the Air Force had abandoned, remove it and put it in the National Museum or the Peterson Air and Space Museum, Colorado. They are aware of the chemical problems at the site and are working to get some cooperation from U.S. Air Force to assist in cleaning up the area. V. BOARD BUSINESS A. Agenda Item No. I —Legislative Briefing by Ralph Heim, Legislative Advocate Mr. Heim commented on working with the new Governor, Arnold Schwarzenegger. He reviewed the annexation (eminent domain) legislation and praised Sue Schectman's work on the bill. It was the first bill that legislative counsel has seen go through exactly as drafted. Mr. Heim also discussed the local government property tax shifts and results of the election. The Board thanked Ralph Heim. B. Agenda Item No. 4 — Approve Revision of the Position Classification Titles and Specifications for Community Programs Supervisor and Land Acquisition Manager — (Report R-04-114). K. Nitz asked for clarification on the changes to the title names. C. Britton explained that the Land Acquisition Manager title changed to Real Property Manager due to the change in the name of the department. S. Thielfoldt explained that the responsibilities of the Community Programs Supervisor (now entitled Community Affairs Supervisor) were broadened to include media relations and monitoring of the District's web site. Motion: K. Nitz moved that the Board Approve the Revision of the Position Classification Titles and Specifications for Community Programs Supervisor and Land Acquisition Manager. P. Siemens seconded the motion. The motion passed 7 to 0. I Meeting 04-29 Page 3 C. Agenda Item No. 5 - Authorize General Manager to Increase the Contract Amount by $2,480 for the Redesign of District's Web Site with Yellowduckdesign, Inc. from the Original Contract Amount Authorized by the Board of$28,000, for a Total of$30,480 - (Report R-04-117). K. Nitz was concerned with how many employees have been trained to make changes to the web site. S. Thielfoldt explained that the training will begin immediately after the launch, which is scheduled for this coming Friday. She stated that eight staff members would be trained for updating the web site. Motion: K. Nitz moved that the Board Authorize the General Manager to Increase the Contract Amount by $2,480 for the Redesign of District's Web Site with Yellowduckdesign, Inc. From the Original Contract Amount Authorized by the Board of $28,000 for a Total of $30,480. L. Hassett seconded the motion. The motion passed 7 to 0. VI. INFORMATIONAL REPORTS N. Hanko: 1) She received an invitation from Meg Delano, Chairperson for PMAC for Mary and herself to listen to PMAC's suggestions regarding changes to the District's good neighbor policy. Unfortunately she is still recovering from her illness and advised that maybe Larry would like to go. When she receives a date of the meeting she will pass it on to the Board. 2) She would like to schedule a meeting with Sue and Craig to go over procedures on how the Board will communicate with the Ombudsperson. C. Britton discussed email communication and specifically, if an interested party is looking at where the District stands or where the Board stands on a certain issue that inquiry should be forwarded to staff. Staff will treat it as a Board correspondence and come up with a draft response by the next Board meeting so that all the Board members can see the official answer as opposed to a personal answer. He would like to incorporate an email process with the good neighbor policy. She will copy Craig and Sue on all of her responses to inquiries. 3) She has joined the Open Space Neighbors*hat-� yahoo group. K. Nitz: 1) He hiked up at Pulgas Ridge and ran into a rattlesnake. 2) He asked for more detail on the Monthly Field Activity Summary, specifically the incidents of property line dispute at Sierra Azul and the person cited for digging up artifacts. C. Britton explained that the neighbor believes the road is on his property and he attempted to block passage. J. Maciel stated he would get back to Ken with more information on what was actually being dug up. 3) He brought up the comments on the web site regarding the new district boundaries and how it cuts up of Kings Mountain. C. Britton stated there was no change in the Kings Mountain area from the previous redistricting after the 2000 consensus. 4) He stated that the Use and Management Committee Meeting field trip scheduled for Saturday was not sent by email and would like to see an email broadcast of future meetings. Deane Little: 1) He recommended a company called "Get Active" for email services. 2) He also recommended hiking this time of year to see the muted fall colors and toadstools, etc. i I Meeting 04-29 Page 4 I M. Davey requested that staff provide maps to the Board with detailed street names and boundary lines within the new districts. C. Britton said they are being prepared at this time. J. Cyr: 1) He would like to move expeditiously to deal accurately with this type of email communication. There is an expectation that an agency respond as quickly as an individual. He would like a clear understanding of the restrictions placed on a public agency in terms of how that agency communicates. 2) He hiked Monte Bello ridge and it was glorious. 3) He also hiked a portion of Sierra Azul he had never been on before starting on Kennedy Road and hiking up to the summit. L. Hassett: 1) He went to the web site and did not see any posting for the La Honda Open Space Preserve Use and Management Committee meeting. 2) He would like to see contact information for the Ombudsperson on the web site. 3) He is concerned about responding to public email on subjects that are currently being handled by a committee. He wants to be sure the Brown Act is not violated. S. Schectman stated that the Brown Act provides that Board members have the right to talk with constituents, but to be sure that matters are not discussed by a quorum. S. Schectman cautioned against a quorum having a collective discussion of District matters via the Internet. P. Siemens appreciated the cards and well wishes from everyone. C. Britton: 1) He has an invitation from Mike Nevin for California State Senate. 2) He distributed the invitations to Board members to the Holiday Staff Luncheon on December 15, 2004 at the new Foothills shop building. 3) At the LFPAC meeting they came to a decision regarding the Resolution (plane crash) matter. That will be coming back to the Board in January for a recommendation from the Committee. 4) He and Mike Williams attended the Land Trust Alliance Rally in Rhode Island. He and Audrey made a presentation on some of their land transactions and how public agencies can work with private land trusts. 5) He attended the COSA party. 6) Mary is hosting a meeting at the District with the Los Altos Hills trails group. 7) December 2, 2004 the District will be hosting a reception for its new book, "Peninsula Tales and Trails." 8) South Skyline Association will have their holiday party on December 5, 2004 at 4:00 p.m. L. Hassett will be the host. 9) December 6, 2004 Santa Clara County Special Districts will hold its meeting at Santa Clara County Water District. S. Schectman stated she would email to the Board the section of the Brown Act that clearly describes what should be reported in "Informational Reports," e.g., brief report of activities, referring a matter to staff, and suggesting an item be placed on a future agenda. She will send some new language and will add it to the agenda to clarify this. S. Thielfoldt: 1) She brought attention to the docent program display in the front lobby which exhibits thank you letters from local school children. 2) Management team is working on the mid-year budget review and she would like schedule future meetings for the Administration and Budget Committee. She suggested December 2, 2004, right before the book reception. Meeting 04-29 Page 5 S. Schectman recommended that the Board make a motion to add an item to the Closed Session Agenda. The District received a lawsuit late Friday after the agenda was posted, and action needs to be taken in Closed Session. Motion: P. Siemens moved that due to the receipt of the lawsuit Citizens Responsible for Open Space, et al. v. LAFCo and MROSD there is a need to take immediate action and the need for action came to the attention of the local agency subsequent to the agenda being posted and that the Board add this item as Closed Session Agenda Item 2a. J. Cyr seconded the motion. The motion passed 7 to 0. g Y VII. CLOSED SESSION At 9:20 p.m., M. Davey stated that the Board would adjourn to Closed Session to discuss Closed Session Agenda Items 1, 2, 2a, 3, 4 and 5. The Board recessed to Closed Session at 9:30 p.m. and the Closed Session commenced at 9:30 p.m. Members Present: Jed Cyr, Nonette Hanko Larry Hassett, Deane Little, Ken Nitz, Pete Siemens, and Mary Davey Staff Present: S. Schectman, C. Britton, D. Woods, T. Fischer, M. Williams, S. Thielfoldt The Board concluded the Closed Session at 10:45 p.m. At 10:45 p.m., M. Davey called the Regular Meeting back to order. She announced that the Board had discussed Closed Session Agenda Items 1, 2, 2a, 3, 4 and 5 and reported that the following reportable actions had taken place in Closed Session: The Board discussed Closed Session Agenda Items 1 and 2a and gave legal counsel approval to defend two legal actions: (1) Saratoga Country Club v. Midpeninsula Regional Open Space District, Santa Clara Superior Court Case No. 104CV026822. The vote was 6-0 with one abstention from K. Nitz; and (2) Citizens for Responsible Open Space v. San Mateo County LAFCo, Midpeninsula Regional Open Space District, San Mateo County Superior Court Case No. CIV442954. The vote was 7 to 0. IX. ADJOURNMENT At 10:46 p.m., the meeting was adjourned. Margaret Reimche Recording Secretary i Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 04-30 SPECIAL MEETING BOARD OF DIRECTORS December 15, 2004 MINUTES SPECIAL MEETING I. ROLL CALL President Mary Davey called the Special Meeting to order at 6:30 p.m. Members Present: Jed Cyr,Nonette Hanko, Deane Little (arrived 6:35 p.m.), Pete Siemens (arrived 6:37 p.m.), Mary Davey, Larry Hassett and Ken Nitz Members Absent: None Staff Present: Craig Britton, Obadiah Broughton, Rich Carlson, Anthony Correia, Dennis Danielson, Tom Fisher, Matt Freeman, Michelle Jesperson, Rudy Jurgensen, Kirk Lenington, John Maciel, Michael Newburn, Loro Paterson, Ana Ruiz, David Sanguinetti, Sue Schectman, Sally Thielfoldt, Doug Vu, Cathy Woodbury, Mike Williams, Del Woods II. ORAL COMMUNICATIONS: Jerry Hess of San Jose, California thanked the Board for the opportunity to look at the Almaden Air Force site. III. ADOPTION OF AGENDA Motion: J. Cyr moved that the Board adopt the agenda. L. Hassett seconded the motion. The motion passed 6 to 0 (P. Siemens was not present for this vote). IV. ADOPTION OF CONSENT CALENDAR K. Nitz pulled Agenda Items 16 and 17. Meeting 04-30 Page 2 J. Cyr told staff that he liked the written communication response. N. Hanko asked if the answers would go to J. Warren or the open space neighbors. C. Britton said that the response would go to J. Warren and that the Board would be copied. S. Thielfoldt read corrections to the Minutes. N. Hanko noted the correct spelling of the Duvenecks on page 16 of the August 25, 2004 Minutes. N. Hanko also noted corrections to pages 3 and 6 of the September 22, 2004 Minutes. Motion: J. Cyr moved that the Board adopt the Consent Calendar, including passage of the corrected August 25, 2004 Minutes and the September 22, 2004 Minutes and Agenda Item 15, Authorization of General Manager to Enter into a Retainer Agreement with the Law Firm of Shute, Mihaly and Weinberger in the Matter of Citizens for Responsible Open Space v. Midpeninsula Regional Open Space District and to Provide Legal Services for the Coastside Protection Program in an Amount Not to Exceed $50,000. P. Siemens seconded the motion. The motion passed 7 to 0. V. BOARD BUSINESS A. Agenda Item No. 1 —Administer the Oath of Office to Ward 3 Director J. Edmond(Jed) Cy, Jr.; Ward 4 Director, C. Deane Little, Ward 7 Director, Kenneth C. Nitz—(Report R-04-133). S. Thielfoldt swore in and administered the oath of office to Ward 3 Director, J. Edmond (Jed) Cyr, Jr.; Ward 4 Director, C. Deane Little; and Ward 7 Director, Kenneth C. Nitz. Motion: No motion was required for this item. B. Agenda Item No. 2 —Proposed Purchase of Guadalupe Land Co. (Peninsula Open Space Trust) and Addition of the Guadalupe Land Co. Property (Santa Clara County Assessor's Parcel Numbers 575-11-004, 575-12-001, and 575-12- 013)to the Mt. Umunhum Area of Sierra Azul Open Space Preserve, Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act(CEQA)As Set Out in this Report; Adopt the Attached Resolution Approving the Stock Purchase Agreement with Peninsula Open Space Trust (POST) and Any and All Other Documents Necessary to Purchase and Operate Guadalupe Land Co (GLC); Authorize and Approve the President of the Board to Sign the Attached "Guadalupe Land Co. Action By Written Consent of the Shareholders In Lieu of a Meeting"Authorizing all Actions Set Out Therein, Including the Following: (A)Amend and Restate the Articles of Incorporation of GLC; (B) Amend and Restate the Bylaws of GLC; (C) Election of Directors of GLC; Approve the Attached "Guadalupe Land Co. Action by Written Consent of Board of Directors in Lieu of a Meeting" Authorizing GLC Directors to Take all Action Set Out Therein, Including the Following: (A) Amend and Restate the Articles of Incorporation of GLC; (B) Meeting 04-30 Page 3 Amend and Restate the Bylaws of GLC; (C) Election of Officers of GLC; (D) Designate Corporate Accountant of GLC; (E)Authorize Officers to Obtain Necessary or Appropriate Insurance for GLC; (F) Designate the Agent for Service of Process; Authorize and Approve the President of the Board to Sign the Attached License and Management Agreement with Guadalupe Land Co.; Tentatively Adopt the Preliminary Use and Management Plan Recommendations Contained in this Report—(Report R-04-134). C. Britton introduced the report and gave some historical information. S. Schectman introduced the legal staff from Wilson, Sonsini, Goodrich & Rosati who helped with this transaction—Brad O'Brien and Jennifer Jones. D. Woods reviewed the staff report and presented a PowerPoint presentation. He corrected the Preliminary Use and Management name change to "New Hagen Meadows Area." N. Hanko asked if there was any mercury contamination in the area and if the District would be responsible or if it would be POST's responsibility. M. Williams stated that the District had hired a mining expert and that they could not find cinnabar veins and considered it a clean property. D. Simmons reviewed the report and concurred. S. Schectman reviewed the five corporate documents and Stock Purchase Agreement before the Board for approval. She stated that the District will be the sole owner and she corrected the number of total shares stated in the staff report. The correct number is 3,100. The Officers would be the General Manager, Assistant General Manager, and the Controller. M. Williams reviewed the terms of the purchase. Because this is not a typical District transaction, the Corporation will be responsible for paying taxes (mostly property taxes). POST is responsible for paying any taxes that accrued prior to the sale. N. Hanko stated that she was unhappy about the tax impacts of future dissolution of the corporation and wanted to see a cost benefit analysis. M. Williams described the tax liability. C. Britton said that the Federal law changed and in the future specific legislation could be proposed. Staff would investigate reducing the value of the property so as to minimize tax liability if such means were available. D. Little questioned POST's ownership and management of the corporation. M. Williams said that certain problems with the property pre-dated POST and that the District would do a better job. D. Little asked the District's liability as a corporation owning this property. S. Schectman answered that the agreement have indemnities protecting the District. However, going forward the Corporation is liable, but the property will be insured Meeting 04-30 Page 4 to protect the District/Corporation. Attorney Brad O'Brien added that there are two potential problems; (1) the tax issue, and (2) piercing the corporate "veil," but it shouldn't be a concern. Any risk will be mitigated in the same way as if the District owned the property. M. Williams said that the property will be included in the Sierra Azul Open Space Preserve Master Plan so future use and management issues can be discussed further at that time. K. Nitz asked why there was such a stark difference between the purchase price for the Guadalupe Land property and the Davidson property (discussed later in the meeting, Report R-04-128). M. Williams replied that there was potential to build on the Guadalupe Land property and much more difficult to build on the Davidson property. Motion: K. Nitz moved that the Board Determine that the recommended actions are categorically exempt from the California Environmental Quality Act(CEQA) as set out in this report; adopt Resolution No. 04- 44 approving the Stock Purchase Agreement with Peninsula Open Space Trust (POST) and any and all other documents necessary to purchase and operate Guadalupe Land Co, (GLC); Authorize and approve the President of the Board to sign the attached "Guadalupe Land Co. Action By Written Consent of the Shareholders In Lieu of a Meeting" authorizing all actions set out therein, including the following: (A) amend and restate the articles of incorporation of GLC; (B) amend and restate the bylaws of GLC; (C) election of directors of GLC; approve the attached"Guadalupe Land Co. Action by Written Consent of Board of Directors in Lieu of a Meeting" authorizing GLC directors to take all action set out therein, including the following: (A) amend and restate the Articles of Incorporation of GLC; (B) amend and restate the Bylaws of GLC; (C) election of officers of GLC; (D) designate corporate accountant of GLC; (E) authorize officers to obtain necessary or appropriate insurance for GLC; (F) designate the agent for service of process; authorize and approve the President of the Board to sign the attached License and Management Agreement with Guadalupe Land Co.; and tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report. L. Hassett seconded the motion. The motion passed 6 to 0. (D. Little was not present for the vote.) C. Agenda Item No. 3 —Proposed Purchase of the Davidson Property as an addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve (Santa Clara County APNs 575-12-008 and 575-12-012; Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act (CEQA) as Set Out in This Report; Adopt the Attached Resolution Authorizing Purchase of the Davidson Property; Tentatively Adopt the Preliminary Use and Meeting 04-30 Page 5 Management Plan Recommendations Contained in this Report, Including Naming the Property as an Addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve; Indicate Your Intention to Withhold Dedication of the Property as Public Open Space at this Time - (Report R-04-128). T. Fischer presented a PowerPoint presentation and reviewed the staff report, including that this property has a potential of two home sites. He stated that there is no evidence of cinnabar mining on this property. The estimated cost to repair the roads is $10,000, which is mostly the cost of renting equipment. Motion: P. Siemens mod that the board oard determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set out in this report; adopt Resolution No. 04- 45 authorizing purchase of the Davidson property; tentatively adopt the preliminary use and management plan recommendations contained in this report, including naming the property as an addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve; indicate your intention to withhold dedication of the property as public open space at this time. J. Cyr seconded the motion. The motion passed 7 to 0. D. Agenda Item No. 4—Proposed Purchase of the Keyani Property as an Addition to Monte Bello Open Space Preserve(Santa Clara County APN 351-16-021); Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act(CEQA) as Set Out in this Report; Adopt the Attached Resolution Authorizing Purchase of the Keyani Property; Tentatively Adopt the Preliminary Use and Management Plan Recommendations Contained in this Report, Including Naming the Property as an Addition to the Monte Bello Open Space Preserve; Indicate Your Intention to Withhold Dedication of the Property as Public Open Space at This Time - (Report R-04- 125). D. Woods reviewed the staff report and presented a PowerPoint presentation. K. Nitz asked if there was a payment for the easement. D. Woods said that only the District and PG&E would use the road and that there would be no payment. M. Williams reviewed the terms and conditions of the purchase. He added that the easement is unrecorded and that there was no junk or debris on the property to clean up. Motion: N. Hanko moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set out in this report; adopt Resolution No. 04- 46 Authorizing purchase of the Keyani property; tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the property as an addition to the Monte Meeting 04-30 Page 6 Bello Open Space Preserve; indicate your intention to withhold dedication of the property as public open space at this time. P. Siemens seconded the motion. The motion passed 7 to 0. E. Agenda Item No. 5—Proposed Purchase of the Hayes Property as an Addition to El Sereno Open Space Preserve (Santa Clara County Assessor's Parcel Number 510-27-007); Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act (CEQA) as Set Out in This Report; Adopt the Attached Resolution Authorizing Purchase of the Ham Property; Tentatively Adopt the Preliminary Use and Management Plan Recommendations Contained in this Report, Including Naming the Property as an Addition to El Sereno Open Space Preserve; Indicate Your Intention to Dedicate the Property as Public Open Space at this Time—(Report R-04-132). C. Britton introduced the report. He said that the purchase of this property was to improve public access and District patrol of El Sereno Open Space Preserve. Normally the District tries not to purchase homes and generally will carve out developed portions of a property. However, in this case, the property solves an access problem and is a good place for a future Ranger Residence. T. Fischer reviewed the Purchase Agreement and noted that there was a bill of $18,000 for outstanding road repairs which would be paid by the seller. This property was not being purchased for its open space qualities,rather for its location and the benefit to the District as enabling the District to manage its open space as stated by C. Britton. He gave a PowerPoint presentation showing maps of the property. The property has an ingress and egress easement. M. Newburn recommended using the house as a Ranger Residence. The house would fit a need in the southern area of the District. He explained that having a Ranger in this residence would enable easier access to many areas of the southern end of District properties, especially in cases of emergency. K. Nitz asked if anyone was living in the house currently. T. Fischer stated that the house was previously being used as a rental but that the home was currently vacant because it was being sold. I M.Newburn added that the location of this property added an emergency exit for the neighbors of El Sereno. K. Nitz asked if there is a waiting list for Rangers getting into District housing. M. Newburn said that there is, especially for newer Rangers. T. Fischer said that Hayes was intent to sell the property and lowered the price to help the sale. He stated that initially the property would be closed to public use except for the adjacent homeowners. He added that a District gate would go up i Meeting 04-30 Page 7 immediately upon purchase along with District signage. He then reviewed the Terms and Conditions of the purchase. L. Hassett asked about the Road Agreement and the annual costs. T. Fischer replied that the annual cost is $18,000. The homeowners association assessed this amount. Each homeowner was assessed a dollar amount of approximately $17,000 for the road repair and there is a$300 annual homeowner association fee. Mr. Hayes is responsible for paying the current road repair fee. N. Hanko noted the importance of acquiring this property for the District and how this property will protect this El Sereno entrance site. Motion: N. Hanko moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act(CEQA) as set out in this report; adopt Resolution No. 04- 47 authorizing purchase of the Hayes property; tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the property as an addition to El Sereno Open Space Preserve; indicate your intention to dedicate the property as public open space at this time. P. Siemens seconded the motion. Further discussion continued prior to the final vote. Discussion: D. Little stated his opposition to this purchase for two reasons, one being the price, and the other being a problem with the gate location. M. Newburn stated that cars parked by the tenant(s) of the property had a history of blocking the access to the Preserve, causing potential problems in cases of emergency. D. Little asked how often the area was patrolled and M. Newburn stated that it is patrolled approximately one to two times per week or more during busier times. D. Sanguinetti added his opinion of the importance of acquiring the Hayes property. He gave a brief patrol history of this property. There were many tenants that lived at the house during the years with cars parked and blocking access which caused time delays and problems for patrol staff. He believes that if the District owns this property it will finally be able to control access by installing a proper District gate with District locks and eliminating the blocking of the access by cars. D. Little handed out a list of properties purchased in the past four years by the District. He stated that he didn't feel this was a good use of District funds and that they need to think of their constituents and not serve staff. The Hayes property price is too high and he felt that this was a potentially bad press and public relations issue. Buying this Meeting 04-30 Page 8 property would only solve administrative problems and that there was no open space value in owning this property. C. Britton pointed out the potential staging area for this property. He said that staff would work with the neighbors similarly to Allen Road, a private road accessing La Honda Creek Open Space Preserve. K.Nitz stated that he agreed with D. Little. He agreed that the problem with supplying Ranger Residences was C. Britton's problem. However, his main issue in opposing the acquisition of this property was that he felt that staff should not have brought this property acquisition before the Board in a public session, without a closed session as was done before for this property. Staff should have returned to the Board in a closed session. P. Siemens stated that he had asked C. Britton to keep an eye on the property and if there was a bona fide offer that he asked that the acquisition of this property be agendized. M. Davey clarified that any Board member may ask that an item be agendized; however, K. Nitz still felt that this particular item was out of line. L. Hassett asked to hear from any public present at the meeting. R. Cardinale, chairman of the Montgomery Highlands Homeowners Association, said there were 26 homes included in the association. He had spoken with the association's Executive Committee and said that the overall opinion of the committee was extremely positive towards the District's acquisition of the Hayes property; however, there was concern about increased road traffic. They thought that using the home on the property as a Ranger Residence was a great idea. They are also afraid that if a private party purchased the property a"monster home" would be built on the site. Ranger K. Carlson stated that he had worked for the District for 20 years and his focus has been on El Sereno through the years. He stated that this was a good location for a possible Ranger Residence. The Board resumed its deliberations. L. Hassett asked about options to accessing the property, including San Jose Water's site. T. Fischer stated that there was an easement with San Jose Water near the new water tank site; however the hillside is unstable and any trail may also be unstable and unreliable. C. Britton added that El Sereno is a 1,500-acre preserve and that there are two other access roads. There is no Master Plan of El Sereno. Meeting 04-30 Page 9 K.Nitz asked if the site was earthquake safe. T. Fischer said that the home and site had survived the 1989 Loma Prieta earthquake and that the home was designed to withstand earthquakes based on the requirements at the time it was built. J. Cyr stated that the reason this acquisition was before the Board was that there was a bona fide offer from a private party. C. Britton stated that the timeline for the Board to vote on this item was very short and that the option to purchase the property ended at midnight on December 15, 2004. His preference would have been to bring this item before the Board in a Closed Session, but that there was no time in this case. J. Cyr said he felt this property has been a critical chokehold in accessing El Sereno for 20 years. He said the Board needed to pay more attention to shifting to management of the land and that, although this was a very expensive purchase, this property has caused a drain of resources and staff time over the years. Preserves should be open in multiple places and the District should be better stewards by allowing access via this property. D. Little stated that he had an issue with the value of the house versus the open space value and asked again if there was a legitimate offer from a third party. T. Fischer stated that he had seen and reviewed the offer and met the third party's representative broker. Motion: D. Little moved to table the issue. K. Nitz seconded the motion. The motion failed by a vote of 3 ayes and 4 nos. M. Davey returned to the original motion and requested a roll call vote. D. Little told S. Schectman that this acquisition should have returned to Closed Session. S. Schectman stated that there was no Board rule requiring that an item be returned to Closed Session. Vote: The motion passed 4 to 3. Directors Hassett, Little and Nitz voted no. At 9:28 p.m. M. Davey stated that there would be a five-minute break. The meeting reconvened at 9:35 p.m. E. Agenda Item No. 6—Grant of Easement to Northern California Presbyterian Homes and Services for a Berm Easement, Approval of Landscaping License and Permit to Enter for Undergrounding Utility Lines at Windy Hill Open Space Preserve, Acceptance of an Easement Modification Deed from Pacific Gas and Electric, Approval of an Amendment of Easement with SBC California at Windy Hill Open Space Preserve, and Acceptance of an Open Space and a Conservation Meeting 04-30 Page 10 easement from Northern California Presbyterian Homes and Services Over Property Adjacent to Windy Hill Open Space Preserve, and Determination that the Recommended Actions are Exempt from the California Environmental Quality Act, Determine that the Information Contained in the Mitigated Negative Declaration Adopted by the Town of Portola Valley has been Reviewed and Considered, and the Easement Exchange Agreement is Exempt from the California Environmental Quality Act(CEQA) as Set Out in this Report; Adopt the Attached Resolution Authorizing the President of the Board to Execute an Agreement to Exchange Interests in Real Property for a Berm Easement in Favor of Northern California Presbyterian Homes and Services, in Exchange for Acceptance of an Open Space easement and a Conservation Easement from Northern California Presbyterian Homes and Services Over Land Adjacent to Windy Hill Open Space Preserve; Adopt the Attached Resolution Authorizing the President of the Board to Execute an Easement Modification Deed from Pacific Gas and Electric and an Amendment of Easement with SBC Undergrounding Permit to Enter with Northern California Presbyterian Homes and Services; Amend the Use and Management Plan as Recommended in this Report; Authorize the General Manager and General Counsel to Approve Minor Revisions to the Agreements, Easements or Permit that do not Involve any Substantial Change to These Documents as Set Forth in This Report—(Report R-04-127). C. Britton handed out a letter of support for the report. T. Fischer introduced guests, Barbara Hood, Yumiko Westland, Thomas Klope, William Stronck, David Denton and Bob Lanzone. T. Fischer gave a PowerPoint presentation and reviewed the staff report. He explained that the Sequoias is planning an expansion of its facility and that the service road would need to be moved. A berm is preferred by the District (1/10 of an acre). There will be a 5-year Landscape Agreement to monitor the landscaping. K. Nitz asked about the plant-type on the berm, stating that native plants are slow growing. T. Fischer said they would be native plants. L. Hassett gave compliments to the Sequoias. Motion: L. Hassett moved that the Board determine that the information contained in the Mitigated Negative Declaration adopted by the Town of Portola Valley has been reviewed and considered, and the Easement Exchange Agreement is exempt from the California Environmental Quality Act(CEQA) as set out in this report; adopt Resolution No. 04- 48 authorizing the President of the Board to execute an Agreement to Exchange Interests in Real Property for a berm easement in favor of Northern California Presbyterian Homes and Services, in exchange for acceptance of an open space easement and a conservation easement Meeting 04-30 Page 11 from Northern California Presbyterian Homes and Services over land adjacent to Windy Hill Open Space Preserve; adopt Resolution No. 04-49 authorizing the President of the Board to execute an Easement Modification Deed from Pacific Gas and Electric and an Amendment of Easement with SBC Undergrounding Permit to Enter with Northern California Presbyterian Homes and Services; amend the Use and Management Plan as recommended in this report; authorize the General Manager and General Counsel to approve minor revisions to the agreements, easements or permit that do not involve any substantial change to these documents as set forth in this report. K. Nitz seconded the motion. The motion passed 7 to 0. F. C. Britton proposed moving up Agenda Item No. 11 due to members of the public present for that staff report. Motion: J. Cyr moved that Agenda Item No. 11 be presented out of order. P. Siemens seconded the motion. The motion passed 7 to 0. G. Agenda Item No. 11 a—Determine That There is a Need to Take Immediate Action on the Award of Contract for Demolition Services and Construction of a Parkin and Staging Area at Pulgas Ridge Open Space Preserve and That the Need to Take Action Arose Subsequent to the Posting of the Agenda for This Meeting—(Report R-04-119A). S. Schectman stated that the staff report explains that subsequent to the agenda being posted on Friday, December 10, 2004 staff received a bid protest challenging the low bid on the Pulgas project. It was staff s opinion that this bid protest be resolved promptly due to the project completion date having been set based on the grant funding from the Land and Water Conservation Fund and therefore it is staff s recommendation that the criteria for being able to act on this item has been met. Motion: J. Cyr moved that Board determine there is an immediate need to take action on the award of contract for demolition services and construction of a parking and staging area at Pulgas Ridge Open Space Preserve and that the need arose subsequent to the posting of the agenda for this meeting. K. Nitz seconded. The motion passed 7 to 0. D. Vu reviewed the bid protest regarding the initial staff report. The second lowest bid submitted a bid protest against the first lowest bidder. He handed out the bid protest letter and a spreadsheet reviewing the bid process. S. Schectman reviewed the bid protest process as well as the applicable subcontracting law. Motion: K. Nitz moved that the Board consider and uphold the bid protest submitted by Casey Construction Company and determine that the Meeting 04-30 Page 12 bid proposal submitted by Watershed Science is non-responsive and is rejected. N. Hanko seconded the motion. Discussion: Mel Casey of Casey Construction stated that the winning bidder, Watershed Science, does not have a license for removing contaminated material. D. Vu clarified that he had spoken to the bidder, Watershed Science, and they said at one point, Watershed did hold such a permit, but the permit had expired and was not renewed. Vote: The motion passed 7 to 0. H. Agenda Item No. 11b - Award of a Contract to Casey Construction for Demolition Services and Construction of a Parking and Staging Area at Pulgas Ridge Open Space Preserve; Authorize the General Manager to Execute a Contract with Casey Construction of Emerald Hills, California for the Bid Amount of$200,248, Plus a Contingency Amount of Up to $30,833, for a Total Amount Not to Exceed $230 285 for Demolition of the Hassler Health Home Waste Treatment Facility and Construction of a Parking and Staging Area at Pulgas Ridge Open Space Preserve—(Report R-04-119B). D. Vu reviewed the staff report. K. Nitz asked about the use of subcontractors for hazardous material removal. D. Vu stated that this is common and that each project is unique. C. Britton commended D. Vu on working through the issues associated with the bid process for this project. Motion: N. Hanko moved that the Board award a contract to Casey Construction for demolition services and construction of a parking and staging area at Pulgas Ridge Open Space Preserve and authorize the General Manager to execute a contract with Casey Construction of Emerald Hills, California for the bid amount of$200,248, plus a contingency amount of up to $30,833, for a total amount not to exceed $230,285 for demolition of the Hassler Health Home Waste Treatment Facility and construction of a parking and staging area at Pulgas Ridge Open Space Preserve. L. Hassett seconded the motion. The motion passed 7 to 0. I. Agenda Item No. 7—Proposed Exchange of Real Property in the Redwood Park I Subdivision Area of Purisima Creek Redwoods Open Space Preserve (San Mateo County Assessor's Parcel Numbers 067-186-180, 067-175-060, 067-175-010, 067-174-120 067-174-010 067-172-020 067-172-010 and 067-122-130 Lands of Stienstra et al.); Determine that the Recommended Actions are Cate ors ically Exempt from the California Environmental Quality Act(CEQA) as Set out in This Report; Adopt the Attached Resolution Authorizing the President of the j Meeting 04-30 Page 13 Board to Execute an Agreement to Exchange Interests in Real Property with Bruce R. Stienstra et al., San Mateo County Assessor's Parcel Numbers 067-186- 180 067-175-060 067-175-010 067-174-120 067-174-010 067-172-020 067- 172-010 and 067-122-130 for Land e Ad'acent to Purisima Creek Redwoods O n � p Space Preserve; Tentatively Adopt the Amended Use and Management Plan Recommendations Contained in this Report, Including Naming the Property as an Addition to the Purisima Creek Redwoods Open Space Preserve; Indicate Your Intention to Dedicate Those Parcels Located Within the Designated Dedication Area as Public Open Space; Withhold From Dedication Those Parcels Located Outside the Designated Dedication Area—(Report R-04-131). T. Fischer asked if there were any questions from the Board. K. Nitz had a property tax question. T. Fischer said that the District would gain parcels that will be taken off the tax rolls. Stienstra will gain property and will cause a reassessment and that chances were good that the taxes will increase as a result of the reassessment. N. Hanko asked who will answer the neighbor's questions. C. Britton said that staff would and would copy the Board on any correspondence. Motion: K.Nitz moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set out in this report; adopt Resolution No. 04-50 authorizing the President of the Board to execute an agreement to exchange interests in real property with Bruce R. Stienstra et al., San Mateo County Assessor's Parcel Numbers 067-186-180, 067-175-060, 067-175-010, 067-174-120, 067-174-010, 067-172-020, 067-172-010 and 067-122-130 for land adjacent to Purisima Creek Redwoods Open Space Preserve; tentatively adopt the amended Use and Management Plan recommendations contained in this report, including naming the property as an addition to the Purisima Creek Redwoods Open Space Preserve; indicate your intention to dedicate those parcels located within the designated dedication area as public open space; withhold from dedication those parcels located outside the designated dedication area. N. Hanko seconded the motion. The motion passed 7 to 0. J. Agenda Item No. 8—Proposed Addition of Peninsula Open Space Trust (POST) Redwood Park Gift Parcels (San Mateo County Assessor's Parcel Numbers 067- 094-100, 067-130-090, 067-139-180, 067-153-072 and 067-184-060) and McKay Redwood Park Gift Parcels (San Mateo County Assessor's Parcel Numbers 067- 136-080 and 06-134-090) as an Addition to Purisima Creek Redwoods Open Space Preserve; Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act CEQA) as Set Out in This Report; Adopt Resolution for the Gift of Property from Peninsula Open Space Trust(15 lots); Adopt Resolution for the Gift of Property from McKay (4 Meeting 04-30 Page 14 lots); Tentatively Adopt the Preliminary Use and Management Plan Recommendations Contained in This Report, Including Naming the Properties as Additions of Purisima Creek Redwoods Open Space Preserve; Indicate Your Intention to Dedicate the Parcels Lying Westerly of the Designated Preserve Boundary as Public Open Space, as Further Described in This Report; Indicate Your Intention to Withhold from Dedication the Parcels Lying Easterly of the Designated Preserve Boundary as Public Open Space, as Further Described in This Report—(Report R-04-126). Motion: K. Nitz moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set out in this report; adopt Resolution No. 04-51 for the gift of properties from Peninsula Open Space Trust (15 lots) and from McKay (4 lots); tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the properties as additions of Purisima Creek Redwoods Open Space Preserve; indicate your intention to dedicate the parcels lying westerly of the designated preserve boundary as public open space, as further described in this report; indicate your intention to withhold from dedication the parcels lying easterly of the designated preserve boundary as public open space, as further described in this report. N. Hanko seconded the motion. The motion passed 7 to 0. K. Agenda Item No. 9—Proposed Approval of Conveyance of a Trail Easement for the Bay Trail from Starlink Logistics, Inc. to the City of Palo Alto (San Mateo County Assessor's Parcel Number 063-270-480); Determine That the Recommended Actions are Categorically Exempt Under the California Environmental Quality Act(CEQA) as Set Out in This Report; Authorize the President of the Board of Directors to Execute the Attached Public Trail Easement Agreement that Conveys a Trail Easement to the City of Palo Alto and, Thereby Partially Fulfills a Condition of a Previous Easement Exchange Agreement Between Rhone-Poulenc, Inc. and The District, Subject to State Public Resources Code 5540.5 —(Report R-04-130). Motion: K. Nitz moved that the Board determine that the recommended actions are categorically exempt under the California Environmental Quality Act(CEQA) as set out in this report; authorize the President of the Board of Directors to execute the attached Public Trail Easement Agreement that conveys a trail easement to the City of Palo Alto and, thereby, partially fulfills a condition of a previous easement exchange agreement between Rhone-Poulenc, Inc. and the District, subject to state Public Resources Code 5540.5. P. Siemens seconded the motion. The motion passed 7 to 0. L. Agenda Item No. 10—Approve Mid-Year Amendments to the 2004-2005 Fiscal Year Budget; Accept the District Controller's Mid-Year Financial Report; Meeting 04-30 Page 15 Approve the Attached Resolution Implementing an Amendment to the 2004-2005 Fiscal Year Budget in Accordance with the Administration and Budget Committee Recommendation—(Report R-04-129). Motion: N. Hanko moved that the Board accept the District Controller's Mid- Year Financial Report; approve Resolution No. 04-52 implementing an amendment to the 2004-2005 fiscal year budget in accordance with the Administration and Budget Committee recommendation. K. Nitz seconded the motion. The motion passed 7 to 0. M. Agenda Item No. 12—Approval of the Notice of Completion of Contract for the Implementation of the El Corte de Madera Creek Open Space Preserve Watershed Protection Program: Year One Erosion Control Projects; Authorize the General Manager to Execute the Attached Notice of Completion and Acceptance of Work for the Implementation of Extensive Erosion Control and Drainage Improvements Associated with the First Phase of the El Corte de Madera Creek Open Space Preserve Watershed Protection Pro rg am—(Report R-04-124). M. Freeman showed a PowerPoint slide presentation(per the Board request) showing the new culverts and rocked areas. K. Nitz asked if there were any complaints from ROMP. M. Freeman said there were very few, if any. M. Freeman also spoke about grant possibilities for the road and trail elements of the program (see Agenda Item 16). L. Hassett asked if grant funding was available. C. Britton added that District staff was very proactive on applying for grants. P. Siemens asked why there was not enough time for the grading. M. Freeman responded that there was limited time to perform the work. The grading contractor needed to be brought back to fix problems. The remaining work will occur next year. Motion: J. Cyr moved that the Board authorize the General Manager to execute the Notice of Completion and Acceptance of Work for the Implementation of Extensive Erosion Control and Drainage Improvements Associated with the First Phase of the El Corte de Madera Creek Open Space Preserve Watershed Protection Program. P. Siemens seconded the motion. The motion passed 7 to 0. C. Britton proposed moving up Agenda Item No. 16. Motion: J. Cyr moved that Agenda Item No. 16 be presented out of order. K. Nitz seconded the motion. The motion passed 7 to 0. Meeting 04-30 Page 16 N. Agenda Item No. 16—Authorization to Execute a Contract with Pacific Watershed Associates to Provide Consulting Services in an Amount Not to Exceed $32,726 to Assess the Roads and Trails at Skyline Ridge and Long Ridge Open Space Preserves; Authorize the General Manager to Execute a Contract with Pacific Watershed Associates in an Amount Not to Exceed $32,726 to Assess the Roads and Trails at Skyline Ridge and Long Ridge Open Space Preserved Within the Pescadero Creek Watershed—(Report R-04-121). K. Lenington spoke about grant funding. K. Nitz asked why there was no grant funding for this project. K. Lenington stated that the District had received grant funding for La Honda and that the next opportunity to apply for grants was in October, putting the project one-year away. K. Nitz said that staff should apply for the future grant. L. Hassett asked why Russian Ridge Open Space Preserve was not included in the General Manager's Recommendations. K. Lenington explained the reason. Motion: K.Nitz moved that the Board authorize the General Manager to execute a contract with Pacific Watershed Associates in an amount not to exceed $32,726 to assess the roads and trails at Skyline Ridge and Long Ridge Open Space preserved within the Pescadero Creek Watershed. J. Cyr seconded the motion. The motion passed 6 to 0. (D. Little was not present for the vote.) O. Agenda Item No. 13—Notice of Contract Completion for the Grabtown Gulch and Virginia Mill Trail Repair and Bridge Projects at Purisima Creek Redwoods Open Space Preserve and El Corte de Madera Creek Open Space Preserve; Authorize the General Manager to Execute the Attached Notice of Contract Completion for the Grabtown Gulch and Virginia Mill Trail Repair and Bridge Projects—(Report R-04-122). M. Freeman presented a PowerPoint slide show and reviewed the staff report. Motion: J. Cyr moved that the Board authorize the General Manager to execute the Notice of Contract Completion for the Grabtown Gulch and Virginia Mill trail repair and bridge projects at Purisima Creek Redwoods Open Space Preserve and El Corte de Madera Creek Open Space Preserve. L. Hassett seconded the motion. The motion passed 7 to 0. P. Agenda Item No. 14—Notice of Contract Completion for the Foothills Field Office Maintenance Shop Building Replacement at Rancho San Antonio Open Space Preserve; Authorize the General Manager to Execute the Attached Notice of Contract Completion for the Foothills Field Office Maintenance Shop Building Replacement Project—(Report R-04-100). Meeting 04-30 Page 17 C. Woodbury presented a PowerPoint slide show and reviewed the staff report. M. Newburn described the use of the new mezzanine area of the new shop building. J. Cyr expressed his appreciation of the effort of staff input in the design of the facility. L. Hassett asked if the building could have solar panels installed in the future. C. Woodbury said that was indeed possible. K. Nitz asked about the learning process with this difficult project. C. Woodbury stated that the Fire Department codes were important factors to include in the preparation of a project of this type. K.Nitz asked if there was a need for a similar facility at the Skyline Ranger area. J. Maciel said that eventually there would be a need. K. Nitz inquired about the security system for the new facility. M. Newburn stated that a new burglar system was in place and items are secure in the facility. Motion: K. Nitz moved that the Board authorize the General Manager to execute the Notice of Contract Completion for the Foothills Field Office Maintenance Shop Building Replacement Project at Rancho San Antonio Open Space Preserve. P. Siemens seconded the motion. The motion passed 7 to 0. Q. Agenda Item No. 17—Authorization to Amend Agreement with LFR, Inc. for Construction Management Services at Pulgas Ridge Open Space Preserve; Authorize the General Manager to Execute an Amendment to the Consultant Services Agreement with LFR, Inc. of Emeryville for up to an Additional $30,000 Over the $82,754 Previously Authorized Amount to Provide Construction Management Services for the Demolition of the Former Hassler Health Home Waste Treatment Facility and Construction of a Parking and Staging Area at Pul ag s Ridge Open Space Preserve, for a Total Sum Not to Exceed $112,754— (Report R-04-120). Note on Agenda Item.No. 1 lb, D. Vu noted a correction to the staff report substituting the name "Casey Construction"for"Watershed Science of Aromas." Motion: J. Cyr moved that the Board authorize the General Manager to execute an amendment to the Consultant Services Agreement with LFR, Inc. of Emeryville for up to an additional $30,000 over the $82,754 previously authorized amount to provide construction management services for the demolition of the former Hassler Health Home waste treatment facility and construction of a parking and staging area at Meeting 04-30 Page 18 Pulgas Ridge Open Space Preserve, for a total sum not to exceed $112,754. K. Nitz seconded the motion. The motion passed 7 to 0. VI. INFORMATIONAL REPORTS J. Cyr: (1) He met with the new District Ombudsperson and that she will be an asset to the District. (2) On December 4 he went to Joe Simitian's breakfast and sat with Barbara Green (a former District Board Director). (3) He attended the South Skyline Association meeting at L. Hassett's home. (4) On December 9 he went to the Ridge Trail Council meeting where they announced that the ridge trail is actually 400 miles, not the 300 miles previously expressed. M. Davey: (1) She announced that on January 10, 2005 Bob Girard will be at her home to talk about open space initiatives in Santa Clara County. (2) At the February 6, 2005 League of Women Voters Open Space Easement Forum, she will be talking about the District's easement monitoring program. (3) She attended the staff holiday party at the new Foothills facility and said it was great! N. Hanko: (1) She commented on the memo from D. Sanguinetti suggesting an inventory of District artifacts. C. Britton clarified the memo and stated that K. Fisher gave the District an inventory of the artifacts he is holding for the District. N. Hanko said she felt it was important to have an itemized inventory. (2) She also attended and enjoyed the South Skyline event at L. Hassett's home. (3) The LFPAC met with the Ombudsperson and gave some recommendations on her communications; there will be an agendized item at the next Board meeting in January. C. Britton: (1) He pointed out certain items in the "FYIs," including a letter to the Governor, a Deer Hollow Farm article, a memo on Mt. Umunhum, a notice from Liz Kniss regarding the January 27 State of the County. (2) On January 27 Silicon Valley Joint Venture will release a report. (3) He was contacted by the City of East Palo Alto regarding Cooley landing. (4) The Center for Natural Lands Management's study featured Midpeninsula Regional Open Space District Skyline preserves. He handed out the Executive Summary to the Board members. (5) POST received a $5 million dollar grant to assist in the purchase of the Jones/Becker property. He noted that District staff was very involved in the grant preparation for POST. (6) Mary Burns left San Mateo County and is now the Director for Sonoma County Parks. (7) On December 13 he and P. Siemens went to the Santa Clara County Special District meeting. (8) The staff holiday party was today at the Foothills new shop building and J. Cyr, D. Little, and M. Davey attended. (9) He would be interviewed on KEZR (106.5 f.m.) on Sunday, December 19, 2004 at 7:00pm. He will get a CD recording of the interview. VII. ADJOURNMENT At 11:40 p.m. the special meeting was adjourned. Lisa Zadek, Recording Secretary 1 Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DRAFT RESPONSE CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION PREPARED BY STAFF FOR BOARD CONSIDERATION RE: Recommendations for Future Management of District holdings on the San Mateo Coast Dear Mr. Cattermole, Thank you for your email of January 1, 2005 regarding the District's management of properties erties on the San Mateo coast. appreciate Y We a reciate our thoughts hts and input on the se important i "rtant sues. The District's mission is To acquire and reserve a regionalgreenbelt P q P g of open space land in perpetuity;protect and restore the natural environment; and provide opportunities for ecologically sensitive public enjoyment and education." This mission generally guides all of the decisions regarding the use and management of District's lands, and we remain committed to ensuring the lasting protection of peninsula ecosystems. Your continued participation in the planning process for La Honda Creek Open Space Preserve is a valuable opportunity to exchange knowledge about the threatened species that inhabit the preserve and other lands in the area. To supplement the broad-based resource inventory for the preserve, the District is conducting specific surveys for endangered, threatened and rare species, including reptiles and amphibians that inhabit the water and wetland features of this preserve. Focused,protocol-level surveys for the San Francisco Garter Snake are to be conducted later this year. Data from these surveys will be used in analyzing opportunities and constraints for resource management and public use of the land and to develop use and management recommendations for inclusion in the Master Plan. Your offer of assistance from the Coastside Habitat Coalition to complete additional surveys is greatly appreciated. Please contact Matt Freeman, Senior Open Space Planner and project manager for the La Honda Creek Master Plan, about working together on this effort. Another component of the District's stewardship of the preserves within the coastal watersheds is our commitment to watershed protection. A District-wide road and trail inventory and assessment is an on-going project, which this year, includes conducting road and trail assessments on District lands within the San Gregorio and Pescadero Creek watersheds, including the La Honda Creek Open Space Preserve. The goal of these assessments is to identify sources of erosion and to develop effective treatment measures to reduce sediment delivery to coastal streams, which may include road and trail realignments, restoration or abandonment. 33o Distel Circle 650-691-1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,led Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hossett,Kenneth C.Nitz L.Craig Britton Mr. George Cattermole February 10,2005 Page 2 The District's El Corte de Madera Creek Watershed Protection Program, initiated last year, includes monitoring in-stream sediment transport. The District retained the services of consulting hydrologists to design, implement, and train District staff in monitoring methodologies. Data from the multi-year monitoring effort will be used to assess the reduction in sediment delivery to the stream network within the preserve. The monitoring will also provide the District with information regarding the location and quantity of sediment sources within the El Corte de Madera Creek Open Space Preserve. This monitoring will provide important quantitative data to help provide for informed resource management decisions that are made at this preserve to protect the sensitive fisheries resources within the San Gregorio Creek watershed. The District has also undertaken a District-wide vegetation classification study that includes developing detailed vegetation maps of our preserves to facilitate effective resource management planning. Another significant effort for the coast is the development of grazing policies and rangeland management plans for several key coastal preserves such as La Honda Creek and Skyline Ridge Open Space Preserves. The resource studies described above were identified in the District's Resource Management Five-Year Strategic Plan adopted by the Board of Directors in 2003. The District's Action Plan for the coming fiscal year includes development of a natural resources research program. Other work items of note include pursuing fisheries assessments within coastal watershed preserves, and implementing road and trail improvements identified during assessment work currently underway. Recently, the Board of Directors prioritized resource management policies for update and revision. Through this process the District will continue to work towards species protection and enhancement of native habitats. I would like to invite your participation in working with the District on these policies. Please contact Kirk Lenington, Resource Planner, for more information about upcoming workshops. On behalf of the Midpeninsula Regional Open Space District and its constituents, I would like to thank you for your support of the mutual goals we hold in common of habitat protection and environmental stewardship. Furthermore, through your efforts and endeavors at the Coastside Habitat Coalition, you have contributed greatly to our knowledge of the local habitats and the biota that inhabit these beautiful lands. Sincerely, Larry Hassett President of Board of Directors cc: L. Craig Britton, General Manager Midpeninsula Regional Open Space District Board of Directors i TO: Board of Directors, MROSD FROM:Dr. George Cattermole, Director Coastside Habitat Coalition Phone: 650 726 0565 E-mail:georgecattermole(a earthlink.net DATE:January 1, 2005 GUIDING THOUGHT: Ubiquitous and by far the most destructive of all invasive species is our own. Recommendations for MROSD regarding how it should manage their holdings on the San Mateo Coast. I need to say at the outset that I have followed Midpen's `progress' on the San Mateo Coast and am struck by its persistent lack of sensitivity to the needs of threatened species. Much PR attention has been given to the problem of invasive species without much evidence that Midpen sees the forest through the thistles, i.e. that HUMANS ARE THE MOST DESTRUCTIVE INVASIVE SPECIES ON THE PLANET. Open space too often has implied OPENING SPACES in order to convert coastal lands to an outdoor gymnasium for horse folk, bikers and hikers. I have seen far more concern on Midpen's part with corridors for people than corridors for the imperiled species inhabiting the coast. First and foremost MROSD should state clearly that protection and preservation of the native species inhabiting its lands is their number one priority. Measures required for this purpose should be taken even if they conflict with other elements of MROSD's mission. Cultural and recreational concerns should at all times be subordinate to the maintenance and improvement of the semi-wild state of our rural coastal lands. To do this: (1) Locate critical habitat for the species, focusing first on habitat needed for threatened and endangered species. Consult studies pertaining to what is critical habitat and generously (from the point of view of the species) follow the precautionary principle when identifying and designating endangered species habitat. For example, the "Proposed Designation of Critical Habitat for the California Red-Legged Frog" and the "Final Rule" by U.S. Fish and Wildlife' should be consulted and given great weight in determining which activities will threatened or harm the species. SETBACKS are critical in this regard and the amount of space allotted sanctuaries for the species should be based on science, not recreational or cultural values such as scenery, vistas, trail "needs', etc. Threatened species.require parcels large enough to allow for the free play genes. To this end, require all land uses to provide a minimum of 100 foot undisturbed buffer zone between any possibly harmful human activity and surface water, i.e. no grazing of horses, cows or other animals in ponds or streams, no plowing up to the edge of the stream bed, no migrant worker housing on the stream bank, no rodeo arena grading or parking near streams or tributaries. etc. Solar pumps can be used to move water to a trough for cows and horses, with overflow returned to the stream. General construction and road work (by J Midpen, county, Cal Trans) should be strictly monitored to minimize sediment flow to drainage ditches and streams. A formal statement of commitment to the concept, construction and maintenance of SANCTUARIES would be a good first step in this regard. "SANCTUARY" MEANS SPACE DEDICATED TO THE CRITTERS AND OFF LIMITS TO HUMANS SAVE FOR VERY RESTRICTIVE EXCEPTIONS WITH EDUCATIONAL AND/OR SCIENTIFIC IMPORT. Even sympathetic and knowledgeable audiences can have negative effects on the species they care about. This might include a stated goal of rewilding, say 25% of MROSD's holdings. That would leave 75% of the land for our species to visit and enjoy. The core of this 25% would be critical habitat, including corridors, (2) Before considering corridors for human intrusion( and ALL roads, trails, parking lots and other recreational paraphernalia are intrusions) on and into habitat for some species), locate and develop corridors needed by native species to survive and improve their lot. Although it might be more convenient to use existing roads and pathways for recreational purposes, most of these were constructed to serve agriculture, logging, etc., i.e. Not the needs of threatened species. Protected corridors are necessary for maintaining the numbers and health of individual members and species genetic viability. For example, wherever California Red-Legged Frogs are located, human activities should be prohibited or rigorously restricted within 300 to 500 feet. Habitat restoration - removal of invasive species and human trash and constructs (roads, trails, non-perimeter fences) - would be the next step. Criteria for deciding which land to acquire should include giving priority to land including endangered species and their habitat and WATER. MROSD should work to build off-stream reservoirs so that badly needed water will be available for steelhead and salmon. Also, as I have pointed out in other correspondence, properly constructed and managed seasonal ponds are good for the California Red-Legged Frog and the San Francisco Garter Snake. CHC will be glad to hire and work with Dan Holland, a leading expert on the CRLF and the SFGS to help MROSD with these efforts. RELEVANT ISSUES: Motorized vehicles: NO Bikes: NO. If a skyline trial is needed, widen skyline boulevard. Mountain bikers do not have a good record when it comes to staying on trails or respecting seasonal restrictions. Bikes cause erosion and because they are silent and swift, pose a lethal threat to reptiles and amphibians. The last San Francisco Garter Snake I observed was a dead one, killed by a bike. Horses: Require bridges over all gullies and streams - any where water is channeled- to prevent erosion and disturbance of wildlife. Riding should be permitted only on established trails which give wide birth to sensitive habitat. The number of horses and times of year open to riding should be restricted to prevent erosion and overuse. Cattle: In 99.9% of cases, x head of cattle per acre per day poses for less a threat (domesticating and denuding habitat)to endangered species than x head of human beings per acre per day. It is my understanding that cattle can be managed so as to simulate the historic effects of elk herds which coexisted symbiotically with native grasses and animals. Relations with neighbors (two legged): Good fences make good neighbors. Also, careful hiring criteria to ensure that there are more `on the ground' staff like Loro Patterson- are very important. Should you have any questions about these remarks, I will be glad to try to answer them. Sincerely, George Cattermole To.. C. Britton,General Manager From: C. Roessler, Resource Management Specialist Date: February Q. 2OO5 Subject: Yellow Starthist|e Rust—Postponement of Board Agenda Item (One) I recommend we postpone the Board Agenda item on release of yellow starthistle rust(R-05-14)because the San Mateo County Agriculture Department informed me this morning that they are delaying their release program. The Agriculture staff recently identified an issue that requires further study before release(whether rust might affect cornflower, a floriculture crop which is grown in small quantities in San Mateo County). The � Agriculture Department will be investigating this issue further. |f they are able to confirm that a rust release � � program will not affect this local agriculture crop,then they will return to us with a request that we participate in the release program. � � � � � � � ��� Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To: Board of Directors �1 From: L. Craig Britton, General Man Date: February 9, 2005 RE: Postponement of February 9, 2005 Board Meeting Agenda Item 1 On February 4, 2005 staff submitted Board Report 05-14, Authorization to Participate with the San Mateo County Department of Agriculture (SMCDA) in Research and Study of Release of Rust to Control Yellow Starthistle. Due to the delay from SMCDA (see Memorandum attached) I recommend we table Agenda Item 1 (R-05-14) until SMCDA returns to us with a confirmation of their investigation and a request to participate in their release program. i i i | � � Regional Open Space M0PEN|NQULA REGIONAL OPEN SPACE DISTRICT R-05-|4 � MeetingO5-03 February 0, 2O05 A^�������� �l����� I _ AGENDAITEM Authorization to Participate with the San Mateo � CountyPepartment of Agriculture in Research and Study � of Release of Rust to Control Yellow Starthistle ). Determine that {he roconunnonded actions are categorically exempt from the California Environmental Quality Act(CE()&), uo set out in this report. 2. Authorize the (]ene,u| Manager take the necessary steps to participate with Sun KYutco County � Agriculture Department in anmscurch Study to release yellow etunbim1|c rust o1uselected District � site usdescribed iu this report.BACKGROUND � � The San Mateo County Agriculture Department has asked the District io participate in the release ufa yellow studbixde rug(ynccineojuxeuo var.xub/itiu//x)tocontrol yellow mtur1histie(ConAxorxo mo/x/itialis). The purpose of tile research imto study the efficacy of management of yellow stmrthiN|chy use of rust. Only three sites will be selected for release ofthe yellow o\artbiyderuat in San Mateo County in 2005. Fle|euscu have previously occurred in one location in Napa Valley in 2003 and 28 locations in 20 � California counties(including Santa Clara but not San Mateo) in 2004. � � � Yellow starthistle rust is a fungus from Turkey that infects the leaves and sterns of the yellow starthistle � plant with rust-colored pustules and robs the plant ofnutrients. Heavy levels uf infestation reduce root � growth and seed production, and other plant species eventually outcompete the yellow starthistle. Tile � rust spreads hy airborne spores. � � The US Department of Agriculture(USDA), which has been studying this rust since 1978, has determined that it has little potential for adversely affecting non-target plants because it iaunobligate � parasite of yellow oturthisdeand im highly host specific. /n field surveys conducted in Mediterranean countries(the native habitat of yellow mtudhiode)`this rust was only found on yo||ovv sturtbio1|eund no � other plant species. Laboratory and greenhouse studies were conducted by USDA in uquarantine facility in Maryland on 68 � plant species in 10 plant families, particularly those in the sunflower family and thistles closely related to |�ovv m�odbiydc �� . & few species in four genera(Am8urbou Lar/homur, Con&oureound Chxiu/n) deve|opcd symptoms after inoculation (very few Pustules) but none were damaged by the infections. The infections could not be maintained on these species in optimal conditions in greenhouse experiments orrepeated in subsequent � inoculations. The fungus Could be maintained on an ornamental flower,cornflower(Centaurea cyanus). � Tests were conducted on nineteen Cirxbmn thistle species native to California (eight are considered rare) � and agriculture thistle crops, including mo[Oower(Llar/hummx//nc/o//ux), artichoke (Cynoo/xoo/vmuo) � and cornflower. Safflower is closely related toyellow otudbia1|o` but is not grown in San Mateo County. � � � R-05-14 Page 2 Artichokes are an important crop on the San Mateo Coast, and cornflower(also known as bachelor buttons) is grown in small quantities in San Mateo County as cut flowers. In extensive studies on safflower, modern cultivars were found to be very resistant to the yellow starthistle rust. Safflower could be infected in greenhouse experiments, but there was never enough inoculum on modern safflower cultivars to start a new cycle of infection. The rust did not attack artichokes. None of the federally listed Cirsium thistles were found to be susceptible under optimal greenhouse and laboratory test conditions. Tests were conducted on Cirsium fontinale fontinale, C.f. obispoense, C. hydrophyllum hydrophyllurn, C. loncholepis, C.pitcheri and C. vinaceum and no infections were found. Mount Hamilton thistle(Cirsium fontinale campylon), fountain thistle(Cirsium fontinale fontinale)and Franciscan thistle(Cirsium andrewsii)are rare Cirsium thistles known to occur in San Mateo County. Mount Hamilton thistle, not listed under either state or federal endangered species acts, but considered rare by the California Native Plant Society,occurs in the Sierra Azul Open Space preserve on serpentine seeps. The rust pathogen only affects plants, and does not affect animals. DISCUSSION Trained staff of the San Mateo County Agricultural Department("Agricultural staff') would release the yellow starthistle rust in April 2005. One square meter of yellow starthistle will be sprayed with rust inoculum. The release site may be marked with flagged stakes. The recommended release site is near the Ridge Trail in Skyline Rid e g Open p Space Preserve on a southeast-facing slope with 70-90% cover of yellow starthistle across approximately 2 acres of grassland. This site is a good match for experimental release because its conditions well represent many other areas of yellow starthistle infestation of regional parkland and rangelands. h establishment and read Agricultural staff and District staff will monitor the release site to determine the p of the yellow starthistle rust. Starting two to four weeks after inoculation, Agricultural staff will conduct a visual survey at the release site to look for symptoms. Every two weeks after the rust is detected, staff will survey in four directions away from the inoculation site to determine how far the rust is spreading. Related plant species will be monitored for potential non-target impacts. If control of yellow starthistle is successful at this site, it could become a collection area in future years for spreading the rust to other sites in the county. Other methods of controlling yellow starthistle(mowing, herbicides, biocontrol insects, controlled burns and grazing) have been found to be expensive and have had mixed success or indirect negative effects to natural ecosystems. CEQA COMPLIANCE This research qualifies for a categorical exemption under section 15306 of CEQA regarding Information Collection because it is research that will not result in a serious or major disturbance to an environmental resource. Prepared by: Cindy Roessler, Resource Management Specialist Contact Person: Same as above M bA a )rei HEM ' , 2572 QUARRY Y � \ i .r' A ••••• ' 1 - .. tat ...I \ blAetii3T T Private M$Q$ ` R �j Skj,hr*Fe� fa,P N Bata i ROi' R `nrsAilJlOT i RO f Y Farm mmi SR 3 Traii Skyline Chd Skyline Ridge Open Space Preserve Greek'j, r Farr Proposed Location for Release of Ridge Trail r L/ Yellow Starthistle Rust—2005 d' N O Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT I R-05-16 Meeting 05-03 February 9, 2005 AGENDA ITEM 2 AGENDA ITEM I Reconsideration of Bid Protest filed by Casey Construction Regarding the Award of a Contract for Demolition Services and Construction of a Parking and Staging Area at Pulgas Ridge Open Space Preserve, Determination that the roposal Submitted by Watershed Science Was Nonresponsive to the Bid Specif attons, and Award of Contract to Casey Construction GENERAL MANAGER'S RECOMMENDATIONS Reconsider and uphold the bid protest submitted by Casey Construction Company, ratify the Board's determination that the bid proposal submitted by Watershed Science is non- responsive, and ratify its award of the contract to Casey Construction Company, for the reasons set out in this report and all materials in the record before the Board. DISCUSSION 1. Background At your June 23, 2004 meeting, you authorized staff to solicit bids for demolition of the former Hassler Health Home waste treatment facility and construction of a parking and staging area at Pulgas Ridge Open Space Preserve (see Report R-04-60). The project includes the demolition of three buildings, concrete sludge holding beds, as well as other ancillary improvements, and construction of a 23-vehicle gravel-surfaced parking lot, wheelchair-accessible pit toilet restroom, and trailheads with stiles and signage. On November 19, 2004, a mandatory pre-bid meeting was held. It was attended by all bidders, including Watershed Science and Casey Construction. Among other things, potential bidders were informed of the hazardous materials abatement portion of this project and that all bidders were required to have the necessary certifications to remove and abate lead and asbestos, including OSHA certification, and any other licensing or training required by federal and state law. Bidders were also told that the award of contract would be considered by the Board at its meeting of December 15, 2004. On December 7, 2004 seven sealed bids were received for this project. Watershed Science submitted the apparent low bid in the amount of$198,888. The following day, Casey Construction, the second low bidder in the amount of$200,248, requested a copy of Watershed Science's bid proposal. On December 10, 2004, Casey Construction submitted a formal bid protest stating that since Watershed Science failed to list the R-05-16 Page 2 necessary subcontractors needed to properly complete this project, its bid must be rejected as nonresponsive. 2. Casey's Bid Protest Casey Construction's protest stated that, as required by the Bid Proposal Form, although Watershed Science's bid proposal listed a ten thousand dollar($10,000) line item for lead and asbestos abatement, the low bidder did not have the proper license to perform any hazardous material handling or abatement work. Casey Construction also stated that Watershed Science had failed to list a subcontractor to provide and install the vault toilet and had failed to list a subcontractor to provide required licensed surveying for the staging area component of the project. State Subcontractor Bidding Law, Public Contract Code, Section 4104, states that any subcontractor providing services in excess of one-half of one percent(0.5%) of the total bid must be listed on a bid proposal. For the bid proposal submitted by Watershed Science that percentage is approximately nine hundred and ninety-five dollars ($995). In addition, the Public Contract Code Section 4106 also states that, if a bidder fails to list a subcontractor, the bidder must be fully qualified to perform the work itself. Casey Construction claimed that awarding the bid to Watershed Science would violate these statutes. Doug Vu, District Planner, had a telephone conversation on December 9 with Steve Zembsch principal owner of Watershed Science, informing him that Brendan Casey of Casey Construction had called earlier that day and stated that Casey Construction intended to file a bid protest on the grounds that Watershed Science's bid was nonresponsive for failure to list required subcontractors. Later on December 9, Watershed Science faxed two letters to staff explaining that Watershed Science would work with lead and asbestos subcontractors. Watershed Science stated it would "prep the site" and the subcontractors would do the removal and follow up testing. Watershed Science said no subcontractor would perform work in excess of the 0.5% threshold. Staff researched the certifications necessary for lead and asbestos abatement and had another telephone conversation with Mr. Zembsch on December 10 to request more information regarding their bid amount designated for lead and asbestos abatement. Among other requirements, state and federal OSHA regulations require 40-hours of training to receive such certification, and annual update courses in order to keep certification current. By telephone on December 10, D. Vu asked Mr. Zembsch if he or Watershed Science possessed this certification. Mr. Zembsch stated that although he possessed the certification in the past, it was no longer valid because he did not attend the required annual update courses. He intended to do the work with his employees and would only use certified subcontractors to remove or"certify"the abated material. On December 10, D. Vu also told Mr. Zembsch that the bid protest would be heard on December 15. Concurrently, on December 10, staff had posted and mailed the Board agenda and the staff report originally prepared on December 8, prior to receiving and evaluating Casey i R-05-16 Page 3 Construction's bid protest. The bid protest was received late afternoon on December 10. On December 13, 2004, Watershed Science submitted another letter stating that they have properly abated hazardous materials from more complicated projects in the past for under one thousand dollars ($1,000). Watershed Science stated it would set up the isolation chamber itself for the asbestos and this would keep the subcontractor's cost below $1,000, as only the actual handling and removal of asbestos would be performed by their subcontractor. On.December 13, 2004, staff formally notified all bidders by facsimile notice that the Board would hold a bid protest hearing on December 15, 2004 to consider the bid protest filed by Casey Construction concerning Watershed Science's bid, to decide upon the award of the contract, and that all interested parties would have an opportunity to provide any material to the Board for its review of the protest. Watershed Science and Casey Construction were faxed copies of this notice at about 11 a.m. on December 13. On December 10 and 13, District staff also reviewed this matter with the professional consultants for this project, LFR, to review the bid proposal submitted by Watershed Science, along with all of the subsequent correspondence identified above. As highly qualified consultants who have comprehensive knowledge regarding hazardous materials, LFR determined that since Watershed Science is not OSHA certified to perform lead and asbestos abatement. Further, the necessary work to properly remove, transport, and dispose of these materials could not be accomplished by Watershed Science itself and could not be accomplished by a subcontractor for less than nine hundred and ninety-five dollars ($995). On December 14, LFR submitted a letter to District staff concluding that Watershed Science's bid was not in compliance with the Bid Package nor with the state subcontracting requirements. This letter was sent to both Watershed Science and Casey i Construction the next day via facsimile. On December 14, Watershed Science submitted a letter rebutting the Casey Construction bid protest. In particular, Watershed Science stated that their hazardous materials subcontractor will perform everything required by law and that Watershed Science would do the rest. They further stated that they could break down the hazardous materials abatement work into more than one subcontract if necessary so that no one subcontractor performs more work than allowed by Section 4104 of the Public Contract Code. For example, they stated they could use one subcontractor to collect and stabilize the asbestos and another to "certify"the lead-based paint removal. Staff and LFR concluded that this approach would require that a subcontractor perform work in excess of the 0.5% threshold. Abatement work includes all activities related to setting up isolation chambers, removal of the material, bagging and handling of the bagged material for offsite disposal. All of these tasks could not have been completed by any subcontractor for an amount less than $1,000, even if the task was split between two subcontractors. Lead based paint was found in all three buildings. LFR has concluded that it is not possible to remove all peeling lead paint from all the three buildings, collect the removed material, bag and handle offsite disposal in an amount less than $1,000. (See Memorandum from Sangeeta Goyal to Doug Vu, dated February 4, 2004). R-05-16 Page 4 Since any of these approaches would require substantial work by a subcontractor, and Watershed Science failed to list any subcontractor for hazardous material abatement work, it must have been able to perform all of the project work itself. Staff concluded that Watershed Science was not licensed and certified to do the work in the manner it proposed. 3. Current Status of the Proceedings After the bid protest hearing, Watershed Science submitted additional correspondence on December 22 stating their intent was to perform the abatement work with subcontractors and further stating that they do not possess a hazardous substance certification. Watershed Science and their counsel have submitted additional correspondence seeking to rebut the matters raised by the bid protest and staff s determination that its bid was nonresponsive. All of this correspondence has been provided to the Board. Having reviewed all materials in the record, staff has concluded that Watershed Science's bid is nonresponsive, that the bid protest filed by Casey Construction was properly upheld, and that the contract was properly awarded to Casey Construction. Failure to list subcontractors, as well as Watershed Science's lack of certification to do the work itself, are material defects rendering its bid non-responsive. In addition, allowing Watershed Science to circumvent the Public Contract Code by segmenting small subcontracts for the hazardous materials abatement would be improper. While public agencies have the authority to waive minor deviations from bid specifications, that is a matter within the Board's discretion. It is not required to waive a minor defect. More important, an agency cannot waive a defect where it would confer any economic advantage on one bidder over the others. Clearly, this is not a minor defect and waiving this would confer an unlawful advantage on Watershed Science. The large difference between the Watershed Science and Casey Construction bid on this line item (a$10,000 difference) shows that waiving this defect, even if it were within the Board's authority, would improperly advantage Watershed Science. 4. Watershed Science was Given Proper Notice and an Opportunity to Present any Material Concerning this Bid Protest and the Determination that its Bid was Nonresponsive At all times during this process, staff made sure that every document and correspondence concerning this bid protest was sent to both Watershed Science and Casey Construction. Both contractors also knew on December loth that the District's Board would review this protest and award a contract on December 15. Furthermore, Watershed Science knew on November 19 that the contract award decision would be made on December 15. This date was included in the bid documents. On December 14, Watershed Science faxed staff its rebuttal letter, asking that it be provided to the Board, and stating that Watershed Science would attend the December 15 hearing R-05-16 Page 5 After further research and review of the bid protest with LFR. staff determined that it concurred with Casey Construction's bid protest and recommended that the Board reject Watershed Science's bid proposal as non-responsive. Staff prepared revised staff reports R-04-119A and R-04-119B setting out these recommendations. On December 15, staff also made two telephone calls to both Watershed Science and Casey Construction, informing them of the recommendations staff was going to present and urging them to attend in order to address the Board and present any pertinent materials. . 5. The need to take immediate action on this matter Subsequent to the agenda for the Board's December 15, 2004 meeting being posted, the District received the formal bid protest from Casey Construction. It was and remains staffs opinion that there was a need to take immediate action on this bid protest in order to promptly begin construction, which is grant funded through the Land and Water Conservation Fund, in order to preserve the grant funds and be able to complete this project. As set out in the Grant File (LWFC Pulgas Ridge), this project is funded by a$157,577 grant from the Land & Water Conservation Fund(LWCF) administered by the State Department of Parks and Recreation(DPR). The LWCF project grant requires that the project must be complete and all documentation submitted by the District to the granting agency by April 15, 2005 so that the necessary paperwork and final site visit can be scheduled by the June 2005 deadline. If the project is not completed by this date, the District will forfeit any remaining grant funds. The District may formally petition to have the deadline extended. However this decision is made at the DPR's sole discretion. Therefore, it was critical that construction begin as soon as possible. This is particularly true during the wet season, when inevitable rain delays can impact a project of this nature. Since this was the Board's only meeting scheduled in December, and no further meetings were scheduled until January 12, it would not have been possible to even try to reach this deadline if the project were delayed. Even after contract award, time is needed for the contractor to provide all required contract documents such as insurance and bonds, and staff needs to obtain all needed permits. In order to preserve this significant amount of grant funds if at all possible, it was your staff s strong recommendation that this matter be heard at your December 15 meeting. A preconstruction meeting was held on January 24, 2005 and Staff issued a Notice to Proceed with the demolition activities at that meeting. The contract has been fully executed. Casey Construction began demolition activities the following day and as of February 4, 2005 the site has been cleared and the buildings have been demolished and removed. Site grading and construction of the parking lot will begin shortly once the District receives permits from San Mateo County. Conclusion The District has met every legal requirement in determining Watershed Science's bid to be nonresponsive and has afforded Watershed Science ample opportunity to submit any _1 R-05-16 Page 6 relevant materials to the Board. Staff s recommendation,based upon the full record before the Board, is that the Board ratify and uphold the bid protest submitted by Casey Construction and uphold its determination of December 15, 2004 that the bid submitted by Watershed Science is nonresponsive. The Board should ratify and affirm the award of the project contract to Casey Construction. Prepared by: Douglas Vu, ASLA, Open Space Planner 11 Contact Person: Same as above Attachments: Correspondence from LFR, Casey Construction, and Watershed Science i I Regional Open Space | M|DPEN|NSULA REGIONAL OPEN SPACE DISTRICT K,O5-|5 K4ecningO5-03 February 9, 2O85 AGENDAITEM 3 AGENDAITEM ~- � Fiscal Year 2005-2006 GENERAL MANAGER'S RECOM DATION Review the proposed Preliminary Action Plan for fiscal year 20U5-20U6 and discuss possible modifications for review by tile Administration and Budget Committee as a part of the budget development process. DISCUSSION /\n annual Action Plan that implements the Basic Policy and other Board policies guides the [)isbiut`m activities. The Action P|an`e function is to summarize the proposed and current emphasis nf the District's major departments,to identify key pr 'cotm,toa||ocu1chudActnndtobeabaaisfo,cvu\uu1iono[progremy. Each Department Manger will highlight specific proposals and related projects undscrvioemduringthcir individual Action Plan presentations ut this evening's meeting. � The proposed Action Plan could be u|\cned ueu result ofyour meeting deliberations. The budget formulation, tile Administration and Budget Committee review process, and final draft of tile Action Plan, which is ordinarily considered at your second meeting in March, would be modified accordingly. � Prepared by: L. Craig Britton, General Manager Su||yThic|fb|d(, Assistant General Manager Mike Williams, Real Property Manager Del Woods, Senior Acquisition Planner Cathy Woodbury, Planning Manager John Macie|, Operations Manager � Rudy JurAcnaen, Public Affairs Manager � SununSohcc\xnan (}�ncru| (�ounsc| � ` � Contact person: LCxuig Britton, General Manager ACTION PLAN FOR THE IMPLEMENTATION OF THE BASIC POLICY OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FOR THE 2005-2006 FISCAL YEAR 1. REAL PROPERTY DEPARTMENT A. Acquisition, Funding, and Negotiation B. Property Management C. Land Protection 11. OPEN SPACE PLANNING DEPARTMENT A. Planning and Geographic Information B. Public Access Improvements and Staff Facilities III. OPERATIONS DEPARTMENT A. Field Operations B. Resource Management IV. PUBLIC AFFAIRS DEPARTMENT A. General Public Information and Outreach B. Legislative, Funding, and Organizational Relations C. Community Programs V. ADMINISTRATION DEPARTMENT A. Administration B. Human Resources C. Legal Services REAL PROPERTY DEPARTMENT Programs A. Acquisition, Funding, and Negotiation B. Property Management C. Land Protection To Implement the BASIC POLICY OBJECTIVE: The District seeks to purchase or otherwise acquire interest in the maximum feasible area of strategic open space land within the District planning areas, including bay lands and foothills. The District seeks to link its open space lands with federal, state, county, city parklands, and watershed lands. General Department Emphasis for 20045-20056 The department's emphasis will be to acquire lands funded under the District's Financing Authority which are critical to fill in and complete the open space greenbelt. Other open space land purchases —will be pursued through long tefm options, available grant funding, bargain sales, and-gifts and longterm rm options. The District will continue to work diligently with Peninsula Open Space Trust (POST) to acquire land and to further the District's overall open space acquisition goals. The Property Management Program will focus on maximizing rental income consistent with Open Space Management policies, upgrading eemnitinieati leasesassess the economic viability of certain rental structures and on maintaining and improving District rental structures, as needed. The Land Protection Program will focus on conducting comprehensive land acquisition studies, monitoring land use planning activities where interests in land may be enhanced, and protect District interests in land by resolving conflicts arising from easement and encroachment issues. Continue to improve communications with other Departments to enhance the District's work environment. As a result of the approval of the Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Bond Act of 2002 (Proposition 40), the District will continue to apply for per-capita and competitive grants to maximize available grant funding. Staff Resources (Regular, full-time positions, unless otherwise indicated) Real Property Manager Senior Acquisition Planner Land Protection Specialist Real Property Specialist Administrative Assistant Page 1 20045-20056 Acquisition Funding and Negotiation Objective To provide for the acquisition of all real property rights necessary to secure an open space greenbelt in the foothills and bay lands, including rounding out and improving public access to existing preserves and connecting District preserves with other public lands. Key Projects I I. New Land Commitments - Convert the budgeted funds in the New Land Commitments budget category into open space lands, at desirable prices, focusing on properties which are critical to protecting the greenbelt, including rounding out and improving public access to existing preserves, connecting to other preserves and other public lands, protecting the natural habitat and resources, and furthering the completion of the Bay Area Ridge Trail and San Francisco Bay Trail. Pursue properties adjacent to Sierra Azul and La Honda Creek Open Space Preserves which provide potential for staging areas and staff facilities. Balance the desirability of potential acquisitions with the availability of budgeted funds, including, if possible, private financing with favorable terms. i 2. Acquisition Grant Projects—To augment acquisition funds, explore new grant opportunities focusing on highly competitive acquisition projects for specific grant programs. Seek new grant funds through existing grant programs such as Land and Water Conservation Fund, Habitat Conservation Fund (HCF), Coastal Conservancy's regularGo a and San Francisco Bay Area Co ne)L-Programs, Recreational Trails Program, Wildlife Conservation Board, and Bay Area Ridge Trail grants. Resubmit an POST,'Guadalttpe Land Company property in Sieffa .Complete Coastal Conservancy San Francisco Program Grant for property addition to Mills Creek Open Space Preserve. Complete the Habitat Conservation Fund grant for property addition to Purisima Creek Redwoods Open Space Preserve. Implement Proposition 40 Bond Act Per Capita and Roberti-Z'Berg Grant projects and apply for related block grants and competitive grants as they become available. 3. Gifts, Bargain Sales, and Joint Acquisitions - To augment acquisition funds, explore bargain sales, and/or gifts where possible. Complete joint acquisition projects with Santa Clara County Parks f the f rtne. T obne.propeftyin Stevens Creek Canyon, and the Moody Gulch property near Bear Creek Redwoods Open Space Preserve. Work closely with Peninsula Open Space Trust (POST) to-complete acquisition of the Guadalupe- Comte Stevens Creek Canyon property as an addition to Sierra Aztt!Saratoga Gab Open Space Preserve. Continue to Ppursue gifts of the "paper subdivision" lots in the Redwood Park subdivision to round out the Purisima Creek Redwoods Open Space Preserve and lots in the Hacienda Park subdivision to round out Sierra Azul Open Space Preserve. Page 2 4. Alternative Acquisition Methods - Obtain Board approval of appropriate options, at market prices or less, to acquire desirable properties that might be affordable through grant applications in future years. Explore various alternative terms of purchase (installment purchases, defeasable fee, exchange of agricultural easements to preserve open space lands, etc.) to offer advantages and incentives to landowners, as well as cost savings to the District. Complete easement exchange on lands adjacent to Monte Bello Open Space Preserve. To resolve encroachments on District lands, complete possible fee and easement exchange of lands adjacent to Sierra AzuI Open Space Preserve and adjacent to Rancho San Antonio Open Space Preserve, as approved by the Board. Other Projects and Activities I. Maintain a multi-year spending plan for open space acquisition which optimizes use of cash and borrowed funds to accomplish acquisition goals within budget constraints. 2. Work closely with Legal Program to draft purchase agreements and related real estate documents, to clear and perfect title on District open space lands including obtaining quitclaims and initiating�c�Iet�inthg quiet title action on Dennis Martin Road at Thornewood Open Space Preserve. 3. Assist the-Planning and Public Affairs DeVartmeats4)epaAffw*t, whenwhere appropriate, with the Coastal Proteetion fegr-am and LAF-Ce y p policy development review as a result ..... — of the approved Coastal Protection Pro gr am. -proeess in San Mateo and Santa Counties. 4. initiate an aequisition data base linking the histor-ie and eurr-ent Assessor's Par-eel Number-s in Santa Glafa, San Mateo, and Santa Cruz Counties with the Plafifli*g Depaftment's GIS data base. (Move to Other Projects and Activities in Land Protection Program) 5. Explore additional methods to protect open space lands for less than the total cost of fee acquisition (open space easements, acquisition of development rights, development dedication, exchange or sale of development rights, cooperation with private individuals, land trusts, groups, etc.). 6. Encourage other agencies to acquire through various means, including grants, park and open space lands that are consistent with their goals and which compliment the District's greenbelt program. 7. Initiate and maintain contacts with landowners, real estate appraisers and brokers, developers, architects, engineers, zoning and planning officials, and financial institutions. 8. Maintain a relocation assistance program utilizing staff and consultants as necessary. Page 3 9. Compile current information on real estate market activity, including ordering preliminary title reports on a timely basis for research into potentially available properties. 10. Catalog information of special interest, such as deed restrictions, encumbrances, financing and tax considerations. This activity includes the establishment and continuation of a working relationship with title companies and other information sources. 11. Wer-k with the Planning Department to eomplete the aequisition of the City and County of San Ffaneiseo's stir-plus pafeel whieh is needed to eonstfuet the staging area at Pulgas Ridge Open Spaee . Review and organize District funding measure files and complete necessary documentation required for past public refinancings. 12. Continue working with Legal Services and the Planning Department to pursue global solutions to streamline the acquisition and planning processes, including: A Memorandum of Agreement with Santa Clara County to identify acquisitions that are exempt from the requirements of the Subdivision Map Act, and Memorandum of Agreement with San Mateo and Santa Clara Countyi-es clarifying the consistency of acquisitions with County planning requirements. 13 Work with Legal Services to oversee the operation and management of the Guadalupe Land Co. at Sierra Azul Open Space Preserve. 14 Purchase the final two sections of the Bay Trail between Palo Alto Baylands and the Ravenswood Open Space Preserve. i Page 4 20045-20056 Property Management Program Obiective To manage all of the District's revenue-producing activities in such a way as to maximize income from property management accounts consistent with Open Space Management policies, incorporating compatible new programs when possible. Key Projects 1. Property Management Accounts - Administer rental accounts, communication and agricultural leases, consistent with open space management policies, to maintain and enhance revenue stream through competitive and current rate structure, effective maintenance programs and communication with tenants. 2. Rental Structures - Carry out maintenance and improvements to rental houses to keep buildings and grounds in a safe, sanitary, and attractive condition, and to increase net rental income. Work with Operations Depar-tment to implementContinue annual inspection pfegfam of District rental and employee residences in conjunction with Operations Department. Administer long term and recurring maintenance priorities on rental properties. 3. Historic Leases - Oversee lease compliance and renovation requirements at the historic Picchetti Winery, Thornewood estate, and Fremont Older house. Negotiate lease extension with the lessee at the historic Picchetti Winery. 4. Assess Economic Viability of Rental Properties—Evaluate and make recommendations on the long-term feasibility of maintaining District residential structures at Sierra Azul, Long Ridge and Russian Ridge Open Space Preserves. 4.Communieation Rental ineome Maximize lease ineeme at existing PG&E tower-at Pulgas Ridge Open Spaee Pfeser-ve. Complete lease extension with Feder-a! Aviation Administfation (FAA) at Black Mounlai++CMove to Other Projects andActivities) Other Projects and Activities 1. Prepare annual rental surveys on District rental houses and Ranger residences. Work with Operations and Planning Departments to maintain and improve employee residence structures. 2. Ptifstte a long tefm lease or-fee deter-minable estate affangementwith tenants at the for-mef Smith fesidenee at Russian Ridge Open Spaee Preserve:_Maximize communication lease income at existing PG&E tower at Pupas Ridge Open Space Preserve and Black Mountain at Rancho San Antonio Open Space Preserve. Page 5 i 3. Assess the eeonofnie viability of long tefm leasehold ar-fangements, or, if appfopfiate, Work with Operations and Planning; to evaluate potential grazing lease for the Alpine Road area of Skyline Ridge Open Space Preserve in accordance with the use and management process. 4. Investigate new property management proposals as initiated by other groups or individuals that would be compatible with District goals and objectives. 5. Administer lease of additional office space at 330 Distel Circle. Work with Administration and Planning Departments to re-roof the District occupied portion of building improve storm drainage system and install a fire sprinkler monitoring system. 6. CompletePufstte lease amendment to the€er Agricultural lease for Christmas tree farms at Skyline Ridge and Monte Bello Open Space Preserves. 7. Work with Operations Department to complete and implementLeek into the possibility Of finding a- long, term seasonal chestnut orchard lease arran eg menttena3t at Skyline Ridge Open Space Preserve. Work with Operations to feselve eongestion problems along Skyline Boulevard assoeiated with publie hafvesting of ehestfitits at this 8 Work with Planning and Administration Departments to begun evaluating future staff office space needs for the tenant occupied portion of the Distel office building. I i i Page 6 20045-20056 Land Protection Program Objective "Co preserve and protect District open space lands by conducting land acquisition planning activities to identify acquisition priorities and, once acquired, to further protect these public lands from incompatible and encroaching land use activities. Key Projects 1. Land Acquisition Planning - Provide comprehensive land acquisition studies to guide the acquisition program, including reviewing and updating acquisition priorities. Conduct subregional planning studies in the areas surrounding Bear Creek Redwoods, Rancho San Antonio, Sierra Azul, Skyline Ridge, Mills Creek and Nelonte BelloLa Honda Creek Open Space Preserves, including the Stevens Creek Trail-. 2. Encroachment Reduction - Protect open space lands from encroachments and preserve District real property rights. Use a variety of techniques to resolve encroachment issues including restoration, mitigation and boundary line adjustments to maximize open space protection. Negotiate resolution of encroachments at Rancho San Antonio, Bear Creek and Sierra Azul Open Space Preserves. Assist the I=egal Program, in eoefdin nation with the Opefations and Publie Affaifs D n eempleting a permit fee sehedule aPA-a pr-oeedufal manual fef handling ener. issues on Distfiet IanA identifying and feselving propefty rights 3. Conservation Easement Monitoring Program—Protect District-owned conservation and open space easements where located on private and public lands. Oversee the conservation easement-monitoring program, and prepare baseline reports for new easements utilizing volunteers as appropriate. 4. Property Rights Protection— Work with Operations Department and Legal services to defend District's property rights through resolution of property rights violations and disputes. Negotiate resolutions at Coal Creek, Bear Creek Redwoods, Fremont Older and Sierra Azul Open Space Preserves. Other Projects and Activities 1. Review and uUpdate land acquisition and site dedication information. Alith assista from a volunteef, efeate a pr-epeAy index based on assessor's par-eel numbers pr-opef4y intefests held by the Distriet-. Implement the acquisition data base linking th historic and current Assessor's Parcel Numbers in Santa Clara, San Mateo and Santa Cruz Counties with the Planning Department's GIS data base. 2. Provide site-planning information for land negotiators to assist in developing terms and conditions for acquisition projects. Page 7 i i 3. Prepare acquisition reports and conduct due diligence investigations when necessary; following an acquisition, collaborate with Planning and Operations Departments to facilitate incorporation of newly acquired land into the District greenbelt, including resolving property line disputes. 4. Incorporate into the conservation easement monitoring program new easement agreements, including those at Sierra Azul, Coal Creek and St iesep 's u;"Windy Hill Open Space Preserves and any other easements acquired during the year. 5. Notify County recorder offices of District-held open space and conservation easement rights in compliance with Assembly Bill 1011. 6. Assist the Operations and Planning Departments in preparing a resource management plan for the Alpine Road areas of Skyline Ridge Open Space Preserve, and incorporate the findings into a long-term resource management/grazing lease. 7.1n eoor-dinatien with the Legal Pr-ogfam, obtain final fesolution of the Sheldon Lieense Agreement. 8.7.Work actively and regularly with District legal program to protect District property rights where title to existing District land is threatened b claims of adverse rights, liens, I Y g g g or other interference with District's real property rights. 9-.8.Work with Operations Department in negotiating road agreements with adjoining p p property owners to ensure District's real property rights are protected and minimize the District's maintenance responsibilities where appropriate. 4-8.9. Protect public and private open space lands from negative impacts associated with adjacent land development where there is a relationship to the District's land interests. Complete f trail and open spaee easement at St. joseph's 1441 Open Spaee P acquisition of trail easement and fee ownership exchange at Wind), u;n nron r, gee Pr-ese Rancho San Antonio Open Space Preserve, and fee ownership exchange at Sierra Azul Open Space Preserve. With advice from Planning and Operations Departments, monitor activity on active developments adjacent to Ravenswood and Sierra Azul Open Space Preserves for compliance with code requirements. 44-.10. Initiate and maintain contacts with landowners, county code enforcement officers, zoning and planning officials, surveyors, and various regulatory agencies. 4-2-.11. Explore the feasibility of the District becoming a joint holder of the Town of Los Altos Hills' open space easements. 13.Negotiate an underground utility license within the feFmer-C14Y Co. pr-opef4y in Sierra- 12 In coordination with Planning and Operations establish the trail easement alignment adjacent to St. Josephs Hill Open Space Preserve. Page 8 I OPEN SPACE PLANNING DEPARTMENT Programs A. Planning and Geographic Information B. Public Access Improvements and Staff Facilities To Implement the BASIC POLICY OBJECTIVES; The District follows management policies that ensure proper care of the land, provide public access appropriate to the nature of the land, and that are consistent with ecological values and public safety. The District works with, and encourages, public and private agencies to preserve, maintain, and enhance open space. The District protects and restores the natural diversity and integrity of its resources for their value to the environment and the public, and provides for the use of the preserves consistent with resource protection. General Department Emphasis for 2005-2006 The Open Space Planning Department will take a broad-based approach to planning and project implementation that emphasizes resource management. Planning efforts will focus on providing public access while preserving and protecting the diversity and and cul tural resou rces. All projects and activities District's environmental f the DistJ irate rit op g Y will include early analysis to ensure compliance with environmental regulations. The ram will focus on completing new public access improvements designed in the work program p g p p i previous year and implementation of the second year of the El Corte de Madera Creek Watershed Protection Program. Key planning efforts will be directed toward implementing the policy revision process necessary as a part of the Coastside Protection Program approval, completing the master plans for Sierra Azul/Bear Creek Redwoods and La Honda Creek Open Space Preserves and continuing the Regional Resource Inventory. Planning work will emphasize projects outlined in the sewn third ear of the Resource Management Strategic Plan. Staff Resources Planning Manager Senior Planner(1) Open Space Planner II (2) Open Space Planner I (2) Planning Technician (2) Administrative Assistant (1) Resource Planner (1) GIS Intern (1/2) Pale 9 I 2005-2006 Plannine and Geographic Information Objective To formulate plans, policies and procedures for the management and development of open space preserves. Facilitate resource inventories and other scientific study of the District's lands. In conjunction with the Resource Management Specialist, prepare environmental restoration, habitat enhancement and resource management plans. Develop and maintain Geographic Information System (GIS) data sets necessary to support projects throughout the District. Key Projects 1. Coastside Protection Program Complete the T ^FGe p oeess. Begin development of Board Policies to implement the Prop-ram. Work with the agricultural community to develop policies appropriate for agricultural use on District lands. Work with the Public Affairs Department to prepare updated information for th e District's website. Continue to work with the coastal community and actively participate in agricultural issues in San Mateo County. Board and staff to complete Plans Wor k with stakeholders, 2. Master PlaP develop shared „ rn. the two-master plans for the two planningareas. Develop orientation.implementation plans. Complete data mapping and projeet Continue to Sseek grant funding for the planning effort. Work with the Public Affairs Department on community outreach and media relations. Address management and operational issues with the Operations Department. • La Honda Creek Open Space Preserve* Staff anfieipates that this ""^ cal • Sierra Azul/Bear Creek Redwoods Open Space Preserves Staff antie rates .. Work with the Real Property Department to identify properties that provide for potential sta€,ingy areas and staff facilities Incorporate annexation of the south area District lands into the planning process. 3. Resource Management Strategic Plan —Work with the Operations Department to implement the seeend third year of the Strategic Plan: • Continue to gprioritize resource management planning activities on District ( � lands. • areComplete a grassland management policy for Board approval. Include grazing wildland fuel management and SODS. • Continue preparing or updating resource management policies Page 10 • Complete or update resource maps incorporating data collected with the vegetation study, road and trail assessment and master plan inventories. Note: moved to Regional Resource Inventory, below. • Continue Uupdateing geographic information for resource management projects including mapping non-native invasive plant populations, Sudden Oak Death occurrences, and feral pig rooting areas. • Work with consultants and the Resource Management Specialist on a recurring basis to identify emerging resource problems and prioritize opportunities to resolve resource issues District-wide. 4. Regional Resource Inventory—Continue on-going studies and data collection to District wide resour ce inventor that supports Resource Management complete a y pp g and Planning activities. Staff anticipates that this project will continue annually. • District-wide Vegetation Classification. Using the methodology developed for Sierra Azul and the La Honda regions, complete a detailed vegetation classification of Purisima Creek, Mills Creek, Thornewood, and Teague Hill S Open ace Preserves. p p • District-wide road and trail inventory and assessment. Focus work in the Pescadero Creek and San Gregorio Creek Watersheds. Seek grant funding for implementation of road and trail improvements. • District-wide herpetological study of listed species. Complete study on Alpine Road properties of Skyline Ridge Open Space Preserve La Honda Creek and El Corte de Madera Creek Open Space Preserves. • Continue to compile and synthesize all known Rare/Threatened/Endangered species and habitat locations into GIS. 5 District Resource Research Program - Develop a natural resources research program that facilitates use of District lands as an outdoor laboratory. 6 Water Quality Monitoring and Fisheries Assessment—Continue water quality monitoring associated with the El Corte de Madera Creek Watershed Protection Program Pursue grant funding to begin a fisheries assessment of Preserves in the San Gregorio Creek watershed. 7 Alpine Road Area of Skyline Ridge Open Space Preserve Use and Management Amendment—Incorporate the results of the grazing study, road and trail assessment and herpetological studies to determine long-term use and management of the area including_public access via a trail connection from Skyline Ridge to Portola State Park Seek grant fundingto implement the plan. Other Projects and Activities 1. WEP Implementation—Continue efforts to integrate workplace enhancement methods into the daily activities of the Planning Department. Page 1 1 2. Land Acquisition Support—Provide Planning support on acquisition projects as requested, including pre-acquisition field studies, site assessments, and interim use recommendations. Incorporate updated land acquisition and site dedication information into the District's GIS. 3. Land Protection Support— Provide Planning support to determine remediation and restoration of land and resources damaged through encroachments. 4. Work with the Public Affairs Department to co-host the 2005 "Not So Annual" conference in Spring, 2005 and the Special Parks District Forum in Spring, 2006. Gfazing Plan Wefk with the Opefations and Real Propei4y Depaftments4o develop a gfazing plan for-the Alpine Read area of Skyline Ridge Open Space Preser-ve. 5. Acquisition and Planning Processes—Continue working with the Legal Services Program and Real Property Department to pursue global solutions to streamline the acquisition and planning processes, including: a Memorandum of Agreement with Santa Clara County to identify acquisitions that are exempt from the requirements of the Subdivision Map Act, and a Memorandum of Agreement with San Mateo and Santa Cl Countyies clarifying the consistency of acquisitions with County planning requirements. 6. Environmental Review and Permitting Processes—Continue working with appropriate agencies to refine and streamline the environmental review and permitting process for District projects. Begin preparing a Memorandum of Understandiniz with the California Department of Fish& Game for routine maintenance and drainage facility improvements. Cross-train representatives from the Operations Department in preparing and obtaining permits for maintenance projects and small improvements that are not part of the Capital Improvement Program. 7. Standard Details and Specifications— Work with the Operations Department to complete the second phase of a handbook of technical standards for construction, repair, and maintenance of roads, trails, and other improvements. 8. Permits to Enter—Review alterations to District land or installation of facilities proposed by other agencies or private parties. Develop permit conditions to ensure protection, preservation, or restoration of the affected lands. Work with Operations to monitor activities to ensure compliance with conditions. ........ wer-k on development of a permit fee poliey to r-eeoup eosts for issuanee of peFmits to enter-of use Distfiet land and fof other Distr-iet se.. 9. Stevens Creek Shoreline Nature Study Area Remediation and Restoration— Continue working with the Legal Services Program to represent the District's interest in the U.S. Navy's proposed toxic cleanup of Moffett Air Field Site 25 to a standard permitting restoration of the District's property to tidal wetlands. Page 12 i 10. Outside Project Review— Review agendas and minutes of Cities, Counties and Open Space/Parks agencies. Comment on site-specific projects within close proximity to, or that affects District lands. Review other agencies' policies and regional planning efforts, and comment as necessary to ensure regional coordination and implementation of the District's mission. • Stanford Trail Plan Implementation • Mid-Coast Local Coastal Program Update • San Francisquito Creek Joint Powers Authority Activities • Peninsula Corridor Study • South Bay Salt Pond Restoration (Former Cargill lands) • PG&E's Jefferson-Martin 230KV Transmission Line • Cooley Landing Plan • TMDL Process for San Gregorio Creek Pescadero Creek and San Francisquito Creek Watersheds 11. Unanticipated Projects—Provide research and planning for unanticipated projects that may arise due to new acquisitions, resource agency actions, regional planning efforts, and other activities. 12. Guadalupe Watershed— Continue working with the Legal Services Program on the completion of the Guadalupe Watershed NRDA process and to participate in the TMDL process. Distriet lands within the water-shed. 13. Continue Wworkin2 with the Real Property Department on an to implement the acquisition database linking the historic and current Assessor's Parcel Numbers in Santa Clara, San Mateo and Santa Cruz Counties with the GIS database. 14. Prepare National Register nomination for the Red Barn to facilitate obtaining future grant funding for building maintenance. 15. Prepare Use and Management Plan Amendments to designate use of trails that are currently open on an interim basis. Compile and synthesize all known Rare/Thr-eatened/gndangefed speeies a habitat loeations into Moved to District-wide resource inventory. *Includes grant funding. Refer to the attached Planning Department Work Program FY 2005-2006. Page 13 20045-200-6 Public Access Improvements and Staff Facilities Objectives To emphasize preservation and enhancement of resources in Use and Management Plans and in the design of public access improvements. To give the highest priority to resource protection projects and construct projects funded by grants. Public Access Improvements Key Pfojeets 1. E1 Corte de Madera Creek Watershed Protection Program— Implement the fWsecond phase projects, securinge the necessary permits, and pursuing—grant d a st, t the epla „t .at Virg 11 continue water � ; gbridge Virginia a ra aiaa quality monitoring. Staff anticipates this project will continue through fiscal year 2007-2008, and possibly beyond, with Board approval. 2.Grabtown Guleh Bridge and Trail (Pur-isima Creek Redwoods Pfeser-ve) Complete eenstr-uetien of bfidge and trail realignment and restofe abandoned trail segment, 3_2.Pulgas Ridge Staging Area and Trails* - Demolish sewage tfe tment plant, Complete construction of the-staging area, bridges and trails—Wer-k with ae Pulgas Ridge Open Spaee a;1�. 3. Windy Hill Improvements—Apply for building permits from the Town of Portola Valley to construct an eemplete observation deck with interpretive signage at Sausal Pond-and install fencing around pond. Begin re-studyg feasibility of alternate and for Spring Ridge Trail. �4.Picehetti Ranch Winery Building* - Complete seismic upgrade and access improvements to the winery building. 5 El Corte de Madera Creek Staging Area* - Complete Use and Management Amendment planning and prepare plans and specifications for the staging area and Bay Area Ridge Trail segment. Pursue grant funding for construction. 6 Pulg_as Ridge Soil Investigation —Complete subsurface investigation of potential soil/groundwater contamination. Work with San Mateo County Environmental Health Department to prepare and implement a remediation plan. 7 La Honda Creek Bridge - Pending the outcome of the La Honda Creek Master Plan and subsequent Board approval begin analysis and plans for improvements or replacement of the lower bridge. Page 14 8. Miscellaneous Repair, Restoration and Other Proiects— • Long Ridge Road Repairs - Prepare plans and specifications, and submit permit applications to replace drainage structures and road segments along School Road. • Fremont Older Road Repairs—Pending further scooping, begin preparing plans and specifications for repairs to drainage structure along Regnart Road. • Sierra Azul —Demolish structures on the former Benson property and restore site to natural conditions. • Purisima Creek Redwoods Staging Area—Underground power lines so that the staging area can be used as a helicopter-landing site for public emergency service providers. • Work with the Real Property Department on any other structure demolitions that are approved by the Board. �9.Trailhead Signs - Year 4 of a 5-year program. Replace trailhead signs with the new and improved prototype in conjunction with improvement projects at Pulgas Ridge and Picehetti Ranch Open Space Preserves. Work with the Public Affairs Department to incorporate GIS data in the District maps and brochures, including spot elevations at key locations, in conjunction with the new trailhead signs. Update displays in the new trailhead signboards with improved graphics. Staff Facilities Key rejegf�-* Footh 41-MI .-I'd Offiee Shop Building Complete eenstruetion of the shap building. 1_La Honda Creek Open Space Preserve Ranch House—Pending the outcome of the La Honda Creek Master Plan and subsequent Board approval, begin Ppreparej.ng plans and specifications to replace the ranch house with a possible "sustainable" building to serve as a ranger residence. Research grant opportunities. 2 Skyline Field Office—Repair and relocate the HVAC for the office building and install an electrical back-upsystem. 3 Administrative Office— Rework roofing system and roof drainage. *Denotes grant funded project. Refer to the attached Planning Department Work Program FY20045-20056. Page 15 PLANNING DEP. .TMENT WORK PROGRAQ FY 2005-2006 No. Project Description Preserve 2004-05 Status 2005-06 Tasks PLANNINGi GEOGRAPHIC INFORMATION 1 San Mateo County Coastside General Completed the annexation. Begin development of Board Policies to Protection Program implement the program. 2 Sierra Azul&Bear Creek Sierra Azul& In Progress.Stakeholder interviews and Work with Board,staff and stakeholders to Redwoods Master Plan Bear Creek data mapping under way.Completed project complete the master plan. Incorporate Redwoods orientation. First public workshop in March. annexation of the south area District lands into Seeking grant funding. Project includes the planning process.Seek grant funding. annexation of south area and location of satellite field office.(Work will be completed in FY 2005-2006.) 3 La Honda Creek Master Plan La Honda In Progress.Data collection to be completed Work with Board,staff and stakeholders to Creek late March.Conducted 2 Visioning complete the master plan.Seek grant funding. workshops&1 field trip.$50,000 Grant awarded by BARTC.Working with POST to include Driscoll Ranch in planning effort. (Work will be completed in FY 2005-2006.) 4 Resource Management District-wide Completed second year of the Strategic Implement the third year of the Strategic Plan. Strategic Plan Plan: Conducted Board workshop to Continue resource management policy prioritize development of resource policies to development and amendments.Map District- guide resource planning and management wide data collected on vegetation,non-native activities,started research to develop invasives,SODS,and sensitive habitats.Make grassland and grazing policy(with La Honda maps available to interdepartmental staff and Creek Master Plan),drafted fisheries/water other agencies, quality monitoring guidelines,started District- wide road and trail inventory/assessment, and updated GIS for resource management projects(SODS,feral pigs,invasive plants). 5 Regional Resource Inventory District-wide Deferred vegetation classification for Complete detailed vegetation classification for Purisima Creek,Mills Creek,Thornewood, Purisima Creek,Mills Creek,Thornewood,and and Teague Hill Open Space Preserves until Teague Hill Open Space Preserves.Complete FY 05/06. road&trail inventory in San Gregorio and Pescadero Creek Watersheds.Develop a natural resource research program. 6 Water Quality Monitoring and District-wide In Progress.Initiated water quality Continue water quality monitoring at ECDM. Fisheries Assessment monitoring at El Corte de Madera Creek Pursue grant funding to begin fisheries Open Space Preserve. assessment in San Gregorio Creek Watershed. 7 Alpine Road Area of Skyline Skyline Ridge In Progress.Grazing study 90%complete. Determine long-term use and management of Ridge Open Space Preserve Initiated road and trail inventory and area including potential grazing. Incorporate Use and Management Plan herpetological survey. public access via trail connection from Skyline Ridge to Portola State Park. g National Register Nomination for La Honda Pursue listing Red Barn on the National Red Barn Creek Register of Historic Places. 9 Stevens Creek Shoreline Nature Stevens Creek In Progress. Represented the District's Continue representing the District's interest in Study Area Remediation and Shoreline interest in the US Navy's proposed toxic the US Navy's proposed toxic cleanup of Restoration Nature Study cleanup of Moffett Airfield Site 25 resulting in Moffett Airfield Site 25 to a standard permitting Area revised plan that includes restoration of the restoration of the District's property to tidal District's property to a standard permitting wetlands. tidal wetlands. Page 16 Revised 2/4/2005 PLANNING DEP. .TMENT WORK PROGR. FY 2005-2006 No. Project Description Preserve 2004-05 Status 2005-06 Tasks 10 District Resource Research District-wide Develop a natural resources research program Program that facilitates use of District lands as an outdoor laboratory. PUBLIC ACCESS IMPROVEMENTS STAGING AREAS 11 Staging Area and Trails(Parking Pulgas Ridge In Progress.Awarded contract to demolish Complete construction of staging area, bridges Lot,Restroom,and Demolition sewage treatment plant&construct staging and trails. of Sewer Plant). area.Submitted permit applications for 2 bridges and trails to be constructed FY 05/06. 12 Staging Area and Bay Area El Corte de In Progress.Requested proposals for design Complete U&M process,plans and Ridge Trail Segment Madera Creek of staging area. specifications. Pursue grant funding for construction. 13 Emergency Helicopter-Landing Purisima Work with PG&E to underground power lines Site Creek so that staging area can be used as a Redwoods helicopter-landing site for public emergency service providers. TRAILS& • • 14 Windy Hill Improvements Windy Hill Deferred.Board directed redesign of Spring Apply for building permits for observation deck Ridge trail realignments at a future date, with interpretive signage at Sausal Pond,and Construction of observation deck at Sausal install fencing around pond. Begin re-studying Pond,and fencing around pond deferred. feasibility of alternate alignments for Spring Completed engineering studies for Bay Ridge Trail. Area Ridge Trail segment and determined project infeasible. 15 El Corte de Madera Creek El Corte de Completed 80%of first phase projects. Implement second phase projects,secure Watershed Protection Program Madera Creek Initiated water quality monitoring. (Work will permits,and pursue grant funding(Work will continue through FY 2007-2008). continue through FY 2007-2008). 16 School Road Repairs Long Ridge Prepare plans and specifications,submit permit applications to replace key drainage structures and road segments. 17 Regnart Road Repairs Fremont Older Pending further scoping,begin preparing plans &specifications for repairs to drainage structure. STRUCTURES 18 Picchetti Ranch Winery Building Picchetti Completed plans&specifications for Construct seismic upgrade and access Ranch seismic upgrade and access improvements improvements to the winery building. to the winery building. Bidding in January. 19 Demolition and Site Restoration Sierra Azul Demolish structures on the former Benson on former Benson Property property and restore site to natural conditions. 20 La Honda Creek Bridge La Honda Pending outcome of Master Plan and Board Creek approval, begin analysis and plans for improvements or replacement of the lower bridge. Page 17 Revised 2/4/2005 i PLANNING DEPA*MENT WORK PROGRAVFY 2005-2006 No. Project Description Preserve 2004-05 Status 2005-06 Tasks SIGNS 21 Trailhead Signboards General Completed design work for trailhead Replace trailhead signboards in conjunction signboard contents. Purchased new with improvement projects at Pulgas Ridge and trailhead signs for Pulgas Ridge&Picchetti Picchetti Ranch. Update displays with improved Ranch. graphics in new trailhead signboards. ENVIRONMENTAL 22 Pulgas Ridge Soil Investigation Pulgas Ridge In Progress.Complete subsurface Work With ban Mateo County Environmental investigation of potential soil/groundwater Health to prepare and implement a remediation 1contamination. 1plan. STAFF FACILITY IMPROVEMENTS STRUCTURES 23 La Honda Creek Ranch House La Honda Deferred pending completion of Master Plan. Pending outcome of Master Plan and Board Creek approval,begin preparing plans and specifications to replace the ranch house, possibly with a sustainable building. 24 Skyline Field Office Repairs Skyline Ridge Repair and relocate HVAC for the office building and install an electrical back-up system. 25 Administrative Office Roof Rework roofing system and roof drainage. lRepairs ONGOING PLANNING WORK 1 Outside Project&Policy Review District-wide Assignments made to appropriate Planning Assignments made to appropriate Planning staff. staff. 2 Permits to Enter District-wide Negotiated and prepared conditions of Negotiate and prepare conditions of approval, approval for USDA Wildlife Service Predator and monitor permitted activities for compliance. Management and San Francisco Estuary Invasive Spartina Project at Ravenswood OSP,and monitored Kabcenell Construction at Windy Hill OSP. 3 Geographic Information System District-wide Maintained geographic information Continue development of GIs and GPS in GlSiGR-& regram-Developmeat databases,produced maps and graphics support of Acquisition,Operations,Planning exhibits for Board presentations,utilized GIS and Resource Management activities. to prepare redistricting maps, Provided GPS training to field staff mapping feral pig rooting areas. 4 Wall Maps District-wide Initiated work on the land holdings database Complete updated wall maps and replace map needed to update wall maps. display boards. 5 Patrol Map Books District-wide Received updated road and trail information Complete updates to the Patrol Map Book from field staff. including new land holdings. 6 Policy Formation District-wide Amend the planning process to emphasize resource planning and management;include policies for review and disposition of structures. Page 18 Revised 2/4/2005 { PLANNING DEPARTMENT WORK PROGRA FY 2005-2006 No. Project Description Preserve 2004-05 Status 2005-06 Tasks i 7 Standard Details and District-wide Researched technical standards and best Prepare second phase of handbook of Specifications management practices for construction, technical standards for construction,repair and repair and maintenance of roads,trails and maintenance of roads,trails and other other improvements. improvements. 8 Update Brochure Maps District-wide Worked with Public Affairs Department to Work with Public Affairs Department to prepare prepare updated maps for brochures in updated maps for brochures in conjunction with conjunction with trailhead sign replacement trailhead sign replacement program. program. 9 Preserve Signs District-wide Developed improved graphics layout for Provide new signage design as needed. trailhead signboards. Oversee fabrication of signs District-wide. Install new trailhead signs at Pulgas Ridge and Picchetti Ranch Open Space Preserves. Page 19 Revised 2/4/2005 OPERATIONS DEPARTMENT Updated Programs January 31, 2005 Field Operations Resource Management To Implement the BASIC POLICY OBJECTIVE: The District follows management policies that ensure proper care of the land, that provide public access appropriate to the nature of the land, and that are consistent with ecological values and public safety. General Department Emphasis for 2ON2005-2W2006 Continue to provide responsible stewardship of all District lands by furnishing those public safety, maintenance, construction, and resource management activities necessary to protect and enhance the natural resources and ensure safe and appropriate use of District lands. Implementation of Board-adopted Resource Management Policies, Trail-Use Policies and Guidelines, and eempletten implementation of the Field Operations Manual will continue to be the primary focus of the Operations Department. Staff Resources Operations Manager Area Superintendents (2) Support Services Supervisor Management Analyst Resource Management Specialist Supervising Rangers (4) Maintenance/Construction Supervisors (2) Maintenance/Resource Supervisors (2) Administrative Assistant Rangers (16)* Equipment Mechanic-Operators (2) Lead Open Space Technicians (4) Open Space Technicians (10) Farm Maintenance Worker -78,500 Seasonal Open Space Technician hours (Additional 1,000 hours) 23,500 Seasonal OST hours for resource management (Additional 1,000 hours) 78WI,400 hours for Resource Management Intern (Additional 700 hours) Two new ranger positions budgeted for final 3 months of fiscal year only Page 20 20045-200-56 Field Operations Program Key Projects a. Publieation and implementation of Ranger- Operations Manual Publish and distFibute the eomp eted Ranger-r ons Manual. Provide orientation and training to staff on the use of the completed Ranger Operations Manual. and pfeeess fe updating the Manual. Begin use of the Manual as a tool for routine operational activities. b. Implementation of Phase 11 of the El Corte de Madera Creek Watershed Protection Plan- Assist the Planning Department in implementation of the second phase of the El Corte de Madera Creek Watershed Protection Plan, as approved by the Board. c. implementation of the Mutual Aid and Serwiee Agreements implement t eompleted Letter- of Under-standing between the Distfiet and Santa Glafa County Parks. Negotiate similar- letters of Under-standing between the Dist,- et „d othe v n Note... project moved to "Management and Administration" section. d. New Trail Construction and CIP Projects/Construction. —Assist the Planning Department in the construction or relocation of trails at Pulgas and El Corte de Madera Creek Open Space Preserves. Fesponsibilities. integfate positions with existing fesour-ee management fidnetions a sibil t;o e Hire a radio consultant to evaluate the current radio system and to provide needed recommendations for current and future improvements including needs for coastal area coverage Review the potential for acquiring new radio frequencies for District use. f Begin the process of creating and outlining the structure for the Maintenance Operations Manual and identify the team members who will write the contents for this manual. g Develop a Request for Proposals for a consultant to develop a land management cost and effectiveness evaluation system focused on operational issues which includes elements such as mapping of enforcement contacts and incidents and analysis of effectiveness and workload. Page 21 Other Projects and Activities 1. Patrol Public Safety Services a. Monitor public use and land use regulation compliance. Assist in the education of the visiting public on proper use of District preserves. b. Enforce District land use regulations by providing active ranger patrol and after-hours call-out response. c. Respond to accidents and other emergencies occurring on District lands. d. Respond to fires on District lands, and adjacent lands when District property is threatened, or where specified by written agreements. de.Identify and mitigate potential hazards on Open Space preserves to enhance public safety. t-f. Monitor special events, use permits, and resource protection related impacts on District lands. f-.g.Conduct focused ranger patrol to address undesignated trail construction and use at Sierra Azul, and El Corte de Madera Creek Preserves. �-h.Assist the Land Protection Specialist with identification and mitigation of encroachments to District preserves. i. Work with Santa Clara County Fire to host a controlled burn on District lands, as part of the Joint Fire Academy, to provide training opportunities for District staff and staff from other local fire aizencies. Implement a phased program to allow patrol staff to carry and utilize emergency medical oxygen. Develop protocols consistent with Santa Clara and San Mateo County EMS Authority guidelines for the use of oxygen. j k. Research methods and technology for monitoring of parking lots and remote sites to detect criminal activity. 1. Work with P.G.& E. to underground the overhead power lines at Purisima Creek Open Space Preserve to improve safety at a designated emergency helicopter-landing zone. Research grant possibilities for funding of this project. 2. Maintenanee and ConstruetionLand and Facilities Management aTartieipate in the development of Use and Management Plan r-eeemmendations. lea.Maintain lands in an environmentally sensitive manner, utilizing resource management practices. c-.b.,Maintain buildings, vehicles, and equipment to maximize utility and longevity. d-.c..Provide supervision and assistance to volunteer projects. Page 22 e-A Assist in the repair and maintenance of structures that are a part of the District employee residency program. e. Participate with the Planning Department in the development of Use and Management Plan recommendations. 3. Management and Administration a. Continue the liaison efforts with local police, fire, municipal court, and other public jurisdictions. Continue to work with other agencies to develop Memorandums of Understanding, where appropriate and feasible. b. Use established purchasing practices to purchase vehicles and equipment for the best price. c. Coordinate occupational health and safety program for fileld operations. d.Expand th itions between the field offlees and administfative offiee, thr-ough better-use email eapabilities and enhaneed data management syst...... e7l4ire a radio eonsultant to evaluate the euffent radio system, and to provide r-eeornmendations for-fu ments. Review the potential for aequi adio fr-equeneies for Dis4.riet use. Note... Project moved to Key Projects area. f-.d.Develop a land Management Cost Evaluation System. Note... Project moved to Key Projects area. g,e.Coordinate the Operations Department's participation in the planning process to develop the Bear Creek/Sierra Azul Preserve and La Honda Master Plans. h-.f Complete an Implement a-theRrocedures and training manual for new rangers. i.Update the Distriet Or-dinanees and submit for Board review. j.Update the Distr-iet's Bail Sehedule and submit for-judieial revieiA,and appr-oval. k-.&.Vr-P��lementa err--Continue to utilize Influencing Skills and to effoi4s to integrate workplace enhancement methods into the daily activities of the Operations Department. l.Researeh and develop a plan, as paft of the master planning pfeeess, to establish a additional field effiee in the south Foothills area. h. Develop improved expertise for various Operations Department's positions in the use of GIS and/or GPS software and technology to provide better information gathering and presentation skills. i. Implement the training element of the database improvement project. Page 21 4. Miscellaneous a. Support the goals of the Public Affairs Department by providing staff for special events and other projects, as time permits. b.Assist in the implementation of fesoofee management plans and pr-ojee Eb.Participate in the development of Trail Use Policies and Guidelines. Vic.Work with the Planning Department on a joint committee to develop Maintenance Standard Guidelines. d Continue to ensure clear and open communications with the Real Property department through designated staff. e. r Peninsula Regional Open n w' h Public Affairs Department and Monterey f. Work with the p Y � p Space District to co-host the 2005 "Not So Annual" conference in Spring 2005. g. Work with the Public Affairs Department and East Bay Regional Park District to assist in planning for the 2006 Special Districts' Forum. Page 24 20045-200-56 Resource Management Program Objective Inventory and analyze the state of District natural resources, including the natural resources of specific preserves to identify needs and priorities. Address immediate and critical resource management issues utilizing District staff, volunteers, contractors and consultants to maximize the District's responsiveness. Develop procedures and implement the Resource Management Strategic Plan to address the resource management needs of District land. Maintain regular contact and work with other agencies, local authorities, researchers and specialists in the field to restore or manage the District's natural resources. Key Projects 1. Resource Management Strategic Plan—Work with the Planning Department to implement Seeond Third Year of the Resource Management Strategic Plan: a. Update list of current restoration areas; protect rare plants affected by trail maintenance and use. b. Continue next phase of eucalyptus, acacia and broom removal at Mills Creek; and continue implementation of the Pulgas Ridge Open Space Preserve Habitat Restoration Plan by removing additional area of eucalyptus, and controlling broom and other invasive plants. Notify interested parties and the Board before any large eucalyptus trees are removed at Pulgas Ridge. e.Utilizing updated infefaiation on leeation and eontr-ol Fnethads of invasive pla implement integfated pest management methods fof the Distr-i 4-.c.Restor-e an additional "^r*�^� Design and begin installation of erosion protection measures in drainages of the Christmas tree farm at Skyline Ridge Preserve that is are no longer part of the farm lease area. e-A.Determine statu-s�Map location and condition o .and potenti yellow starthistle bieeontr-ol agentson District preserves, and recommend appropriate control methods (especially rust and mowing) in accordance with Integrated Pest Management practices. fl.e. Develop and imlplemen+,Work with the Planning Department to evaluate feasible pfaetiees f6f disking ftte! br-eaks road--rading practices that do not adversely affect natural resources. f. Develop a Request for Proposals to evaluate trail-brushing pra tices that minimize impacts to natural resources. fig.DContinue to work with the Planning Department to develop a process, and specifications for, restoration planting, and for culvert removal and replacement for routine maintenance. 2. Provide an Invasive Plant Tracking and Monitoring System — Work with the Planning Department to ineer-per-ate feeent eensultant sufveys of invasive plants into GIS based inventor-ies and fmars—continue updating invasive plant information, and utilize this Page 2 S information to prioritize resource management efforts. Pufehase equipment and song plants and for Fnenitor-ing and eontfel . Review invasive plant outbreaks along property lines and determine if cooperation with adjacent landowners is feasible, particularly with along the California Department of Transportation's highway right-of-ways. 3. Wild Pig Population Control Program—Continue trapping program in the South Skyline Area and expand to the Foothills area. *'' ~~^^+ ^^*'"�� Coordinate with local agencies as necessary. Evaluate program fof population ehanges to ensufe the populati - at of below the eur-r-ent 1". 4. Grassland Management a. Control resprouts of Harding grass on north end of Russian Ridge Open Space Preserve. assist in toring native grass! Pursue renewal of burn plan with California Department of Forestry and Fire Protection. b. Continue different methods of yellow star thistle control and plug restoration of native grasses in front meadow at Rancho San Antonio. c. On an ongoingb asis,Review-review maintenance practices to discourage the establishment of invasive plants. d Assist the Planning Department in the development of grassland management plans as part of the resource management policy review. e Continue investigation of alternatives to burning (such as goats) for grassland restoration. 5. Control of False Slender Brome Control of False Slender Brome Remove 99-0,46 Map and remove all resprouts of false slender false brome;at Thornewood Open Space Preserve_ Pursue grant funding;to assist and coordinate with adjacent land ewnefslandowners and agencies in mapping and controlling slender false brome on their lands. . This is a and is Other Projects and Activities a. Resource inventory— Inventory and record observed flora, fauna, natural and geologic features, and biotic communities, and contribute information to the natural diversity database. Coordinate mapping and GIS database development with Planning department staff. 1 13,-.b.Seed increase program—Continue collection of local native seed for use on District projects and for seed increase through seed contractors. Establish 'reetion sites; storage, labeling, and deeufnenta4i Page 26 eolleeted seed. Work with the Volunteer- Pfegfams Goefdinatof to organize seed EWildlife surveys—Conduct annual surveys of bluebird nesting and fall deer herd and share information with regional groups. G^"e^* and+_Track inn ,.,,. atio„ special wildlife sightings sueh as sightings, especially mountain lions and share information with surrounding land agencies. Identify marbled murrelet habitat in the Skyline area. issues on Distriet pfesefves. mod, Assist in the f efesion eonditionsand assessment Assist the Planning Department in the phased implementation of grazing eptiens-infrastructure at the der Alpine Road area of the Skyline Ridge Open Space Preserve. e.Previde suppot4 to the Planning Depai4ment dufing the development of the La He Bear Cr-eek Redwoods and Sierfa Azu! Open Spaee Pfeserves mastef plans. Wofk with Planning Department on!he natufal feseur-ee elements of the plans, itneludding mapping the vegetation and defining the resotffee management obj eetives within eaeh presen,e, Alor-kwith Planning to develop a Site Assessment Cheeklist and Standard Details and Speeifieations Handbook-. Vie. Continue monitoring Sudden Oak Death, map confirmed and suspected locations, develep-and-implement precautionary actions and educate District visitors about Sudden Oak Death. Participate in regional tr-ainings to stay abreast of feeen developments in eontfel and management of Sudden Oak D scientific symposiums and research. i ff.Continue to participate in regional resource groups like Santa Cruz Mountains Bioregional Bio Rego-Council, Weed Management Areas melts in both San Mateo and Santa Clara, Sudden Oak Death Program and other Native Plant Organizations. g. Work with and encourage local research institutions such as Stanford University and San Jose State University, to conduct scientific studies which would be beneficial to the District. h Develop a Request for Proposals to research resource management programs which are being conducted by other land management agencies. Page 27 PUBLIC AFFAIRS DEPARTMENT Programs A. General Public Information and Outreach B. Legislative, Funding, and Organizational Relations C. Community Programs To Implement the BASIC POLICY OBJECTIVE: The District educates and makes clearly visible to the public the purposes and actions of the District, and actively encourages public input and involvement in the District's decision-making process and other activities. General Department Emphasis for 200420052005-2006 Maximize the general public's awareness and understanding of, and involvement with the District, its goals, and its activities, employing a variety of means and methods to reach all communities served and other target audiences. Implement the top priorities of the District's legislative plan and protect the District's eur-fent funding structure. Continue to offer a variety of community programs which enhance visitors' experiences, provide opportunities to educate, and involve people in the preservation, restoration and enjoyment of open space. Provide District materials and information regarding the pfoposed Ceastside Pr-oteetion Pfogfam to community members and public officials, both within the San Matee County e0astside eoniffitinitie , and the existing Distr-iet, to ensure full knowledge and understanding of the District, its programs and activities. Staff Resources (Regular, full-time positions, unless otherwise indicated) Public Affairs Manager Community Pr-egmms Affairs Supervisor Public Affairs Specialist Volunteer Programs Coordinator Docent Programs Coordinator Administrative Assistant inter-py-etive Aide (2L3 time) Public Affairs hitems-Aide (1,400 total houfs) Pa-e 28 31, -aea-52005-2006 General Public Information and Outreach Ob'ecl tive To generate additional support among opinion leaders, key policymakers, and the general public for District acquisition, preservation, restoration, and interpretive education projects, including coastal protection, by increasing the positive perception and awareness of the District's mission, objectives, accomplishments, programs, and effective management of public lands and financial resources. Key Projects 1. Coastside Protection Program implement compfeliensive etttreaeh plan to support the offleials; sehedule and present at editorial board visits; seek and obtain key endofsements; assist with p„blie hearings as nee Develop new public information materials, and update the Coastside Protection Program section of the web site as needed. Distribute Proactively distribute District materials and information to the San Mateo County coastside and current constituent communities to increase their knowledge and understanding of the District, its programs, and activities. 2 Community Outreach — Plan and implement activities to increase the District's outreach and involvement with community groups. Listen to community concerns and improve constituents' knowledge of the District Make presentations about the District's mission, seek out partnerships and attend meetings with various groups and organizations to discuss District policy and answer constituent questions. Outreach opportunities and p X � pp District resentations at community events could involve managers, Board members, District staff and volunteers and docents. 3 Media—Enhance the District's reputation as a leader among open space districts locally and statewide Proactively promote regular media coverage of District activities and accomplishments and quicker respond to media reports and inquiries. Conduct editorial board visits and reporter briefings; place positive feature stories; and work to place editorials where appropriate. 4 Good Neighbor Policy—Take a leadership role in the public involvement process to develop an enhanced Good Neighbor Policy, and produce a Good Neighbor brochure based upon the amended policies Design and provide public education follow-up activities after the process is complete Formulate a plan to educate and provide information on the District's Good Neighbor Policy to constituents. 5 New Events—Plan and conduct the Not-so-Annual Conference in partnership with Monterey Peninsula Regional Park District Plan for the 2006 Special Districts Forum in partnership with East Bay Regional Park District. Page 29 2-.6. Web Site Man aeementEnhaneements and Long Term Maintenanee Continue to use the inter-net District Web site as a two-way communication tool to reach out and communicate with the community and support the administration of the Docent and Volunteer programs. Distfiet , and designed pages for the Geastside Pfeteetion . Enhance the educational ability of the Web site by imp!emting continuing_to work with E- Nature to implement the "e-nature" wildlife guides (customizable to District preserves), thus providing a way for the public to research information on flora and fauna within District Preserves*. Develop enhanced maintenance plan and posting protocol. Work with other departments to ensure the Web site maintenance and revisions reflect current District messaging, provide consistency, and maintain functionality and aesthetic integrity. Work with contractor to update and maintain Web site pages. * (Providing"e-nature" wildlife guides is dependent upon the developing organization obtaining funding) Workwith planning staff to pfovide media and and Web site seetions in supp Oft Of�he Sieffa AzuVBear- Greek Redwoods and ba Hen (This project was moved to "other projects" below) 4.Br-oehur-e for-Adjoining Owners Develop and pr-oduee a Pistr-iet breehufe for-distfibutiofl to pfoperty owners 'with land adjoining Distfiet presen,es that shows Legislative, Finance and Publie Distfiet stakeholdefs that would inform euffent and future Distr-iet neighbors about Distfiet polieies r-elating to adjoining ownefs, and the benefits of being a neighbor-of the (This project is now part of the "Good Neighbor Policy" Key Project) Other Protects and Activities 1. " produetion and , gr-aphies, and event p! support to distr-ibutof to implement pf!ofnotional plan for-the tfail guidebo Continue to promote the District's guidebook. Work with publisher to monitor and track sales of the trail guidebook. 2. Continue efforts to integrate the Workplace Enhancement Plan methods into the daily activities of the Public Affairs Department. Page 30 3. Continue to Evaluateevaluate, research, and identify best delivery systems to ensure effective media and organizational outreach/communications. Continue to Update update all records in media, organizations, and government databases. Migrate the District's press release system to an email distribution system. 4. Utilize e0m .2afns teContinue to support the Planning Department in the following areas: faise 1) Raising public awareness of the Watershed Protection Program, and gathering public use data as needed in support of the El Corte de Madera Creek Preserve Trail Plan ehangesrealignments--• 2) Providing media and other support, as needed, to support District efforts to obtain a full clean-up of toxins to tidal restoration standards a the Moffett/NASA property referred to by the Navy as "Site 25;" and 3) Providing media and community outreach activities, such as docent-led hikes, resource management projects, and Web site section in support of the Sierra Azul/Bear Creek Redwoods and La Honda Creek preserve master planning projects. 5. Gfeate a gfaphies/image libfafy, and wer-k with a eor-ps of photo volunteefs to obtai.n. digital images of Distriet lands and aetivities. Develop a plan, 14-obtaini..' F...... es and for-maintaining these afehives for-optimal staff aeeess and use. In light of the major hurdles identified in building an image library, the Department must first determine the architecture and cost of providing such a library. Upon deciding an approach, create an implementation and maintenance plan. 6. War-kingwith the Legislative, Finanee, and Publie Affairs Committee, develop and conduet a Visiior-s' Satisfaetion sufve-�-. Compile and analyze the results from the Visitor Satisfaction survey and determine how the results can be used most effectively. 7.Pfovide ongoing fnedia and pub!i ations training for-all staff and Board membefs as- needed. 8.Previde media and othef suppet4, as needed, to suppeft Distriet efforts to obtain a full elean up of toxins and a tidal festofation at the MeffetvNASA-f -fed to by the Navy as "Site 25." 9-.7. Assist the Planning and Operations Departments in educating the public regarding appropriate preserve and trail use, and interacting with wildlife, modifying and updating publications to reflect policy or rule changes, as needed, and responding to associated public and media requests for information. 1 O.Pfeactively pr-omote regulaf medi )f Distr-iet aetivities and aeeemplishments and -kly fespend to media feperts and inquifies. Gonduet editorial b(aafd visit repoi4ef bfiefings; plaee pr-oaetive, positive featu.- -..d wor-k to plaee editorials-, where appropriate. (This project was moved up to the "Key Projects" section) Page 31 44-.8. Work with the Planning Department to create new site maps and pictures for preserve brochures, and continue updating, producing, and distributing existing site maps, brochures, and other collateral materials. • (This project was integrated with Key Project #2) 4-3-.9. Produce the District's quarterly newsletter, Open Space Views, and continue to update its mailing list; continue mailing four issues per year, including annual report, to coastside residents. Publish the District's 20042005-2005 2006 Annual Report in the fall 44-.-Gontinue to impfove the eontents for-the new Distf iet exhibit for- display at eoastside project was completed) 5710. Conduct District dedieations special ceremonies sueh as the Aehistaea T""" Dedieation and Foothills Shop such as the 50 000-acre dedication, the Pulgas Ridge Staging Area and the celebration of other noteworthy events. -1-6 11. , .Evaluate District merchandising options, draft a plan for implementation, and events. � p p p potentially produce and sell District merchandise. 17.Pr-emote eemmunity goodwill b� distributing the Holiday Cards to Distr-iet eenstituents for-a additional 12 Create a formal El Corte de Madera Creek OSP brochure. This is contingent on the completion of the Trail Use and Management Plan for El Corte de Madera. Evaluate need for a Monte Bello backpack camp brochure a District History brochure and a coastside area brochure. 13 Continue to provide staff support to District Committees such as the sign committee, policy review committee and the"Fun" committee. 14 Develop and carry out a plan to estimate the number of visitors to representative District sites. Data will support media outreach and other uses. 15 Work with Planning to produce an appropriate map showing District preserves for posting on an exterior wall of Alice's Restaurant on Skyline Boulevard. Page 32 16. Work with Administration to determine the feasibility of making the "Names"module in the District integrated database operational. This may require the assistance of an outside consultant. 17 Ensure that District gets recognized for its substantial contribution to the operation and success of Deer Hollow Farm. 18. Demonstrate care for the environment by using recycled materials and soy-based inks in materials distributed by the District whenever possible. Page 33 III 2004 2N52005-2006 Legislative, Funding, and Organizational Relations Objective To carry out the high priority elements of the District's legislative plan and to inform other public agencies and private organizations about the District's activities and goals. Key Projects 1. Property Tax Funding— Work with the District's legislative delegation and Sacramento-based lobbyist to 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 passed by the voters. .f+om a detfitnental r-ealleeation. Wafk elosely with othe gevefnmental ageneies to immediately addfess funding feduetion pfoposals-. 2. State Legislation —Work with the District's legislative advocate and with legislators and their staff to sponsor and support the Board-approved Legislative Program. Seek coordination and support from other special districts. 3. Seek Regional Funding— Wor-k with the Bay Area Open Space Gouneil anA others to develop and/or- suppet4 potential fegional, state, or other-aliefHative fanding fneehanisms, sueh as legislation efeating a new tr-anspoftatien fund fef e-lean water-Mork with the Bay Area Oven 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. 4. Clean up of Aft Umun Federal Legislation - Work with members of Congress and State and local agency leaders to develop and implement a strategy to seek federal legislative assistance in securing funding for the cleanup of the former Almaden Air Force Station at Mt. Umunhurn in the Sierra Azul Open Space Preserve, which is a"Formerly Used Defense Site," or FUDS, and accomplish the other aspects of the program. eneoufage the Ar-my Cor-ps E)f Engineer-s to begin the elean up E)f the for-Mef Almaden Air- Foree Station at NU. Umunhum in the Sierfa Azu! Open Space Preser-ve whieh was named by Congress as a"Fortnefly Used Defense Site—." Other Proiects and Activities 1. Continually review and, working with legal counsel, analyze legislation, determine recommended District positions on bills, and take appropriate action, if any, on bills. Page 34 2. Work with legislators, legislative committees, state and federal administrators, other agencies, private organizations, and interested citizens to provide information and to lobby regarding state legislation and specific local issues. 3. Support federal, state, or local legislation that will benefit the District. 4. Provide support and services for specific District projects requiring legislative support, such as grant applications and regional and state awards. Obtain letters of support for grant applications, such as Habitat Conservation Fund and Wildlife Conservation Board grants. 5. Plan and conduct VIP. tours of District preserves for Santa Clara County elected officials and representatives, featuring eeastside pla tations, and invite eleeted offieials and fepresentatives of sister- agenetes. 6. Maintain contact, and exchange information with other organizations and agencies. Cooperate on special projects with organizations such as the regional Bay Area Open Space Council, and participate in special events, such as conferences and seminars, to keep District staff and the Board informed of current issues. 7. Continue to provide staff support to the Legislative, Finance, and Public Affairs Committee, and work as needed to develop District positions on and involvement in statewide open space issues. 8. Provide a District presence in key legislative activities, meetings, and conferences in Sacramento, directly and/or with the District's legislative advocate. Page,35 200420052005-2006 Community Programs Obiective To ran engage e and involve a diverse e of community members and District staff in g g meeting the community needs of enjoying and understanding open space, and supporting District staff in achieving the District's objectives by providing high quality, ecologically sensitive public programs that involve community members as volunteers, inspire stewardship of open space, and support the acquisition, preservation, and restoration objectives of the District. Key Projects. 1. Community Programs Vision—Take the input gathered from Board members and staff to reevaluate the formal Community Programs Vision format. Integrate new Community Affairs Supervisor and align functional responsibilities t 2. Coastside Expansion of Community Programs —Monitor and assess needs for new and/or expanded volunteer and docent programs to incorporate and attract new District constituents on the coast. Volunteer 1 .mm dv Handbook—Complete the writing, prim reproduction, and distribution of the Volunteer Handbook. the volu toor invelvement administr-a4ive system, distribute the new handbook, and eeor-dinate the plementation of the administrative system with the distribution of t handbook. 4. Volunteer Leadership/Mgmt Training for Staff- Create and implement formal training programs for staff on working with volunteers, leading volunteer projects, and provide general orientation to the different volunteer programs. 5. tj f . �,. 2004-05 Pro_jects Completed. Project moved to Ongoing Projects for 2005-06. Page <6 5. Trail Patrol Special Assignment - Explore various ways in which patrol volunteers can assist in monitoring illegal trail use and construction and implement a system where volunteers and staff work together to form organized group patrols. 2004-05 project moved to Docent Program. Ongoing Proiects and Activities Docent Program 1. Recruit screen and train Outdoor Education Leaders Nature Center Hosts and Outdoor Activity Docents. Continue to offer enrichment opportunities for active docents. 2. Eenduet Continue to offer a broad range of public interpretive outdoor activities on open space preserves, encouraging docents to conduct new engaging activities at less-utilized preserves. 3. Maintain and operate the David C. Daniels Nature Center. Continue to implement the District's Spaces and Species environmental education program. Explore how new constituent groups can gain access to the Center. 4. Arrange, publicize, reserve spaces for, and work with field staff to support the Fremont Older House and Garden Tours (Spring 20042005), Outdoor Activities, and Family Outdoor Discovery (Year Round) programs. n 1 l Work with the Operations department to fill requests for occasional District ranger outreach appearances at local schools assess the feasibility f providing outfeaeh and interYretatio by interested District rangers. 6. Research, evaluate and if possible, create a new Outdoor Activity Docent training model for implementation in 2006. 7. Provide program information for docents by producing two editions Qf the Docent Connections newsletter per year. 8. Analyze feasibility of developing comprehensive District Interpretive Plan. P&ge 37 Volunteer Program I. Continue to provide volunteer support for resource management projects by working with staff to schedule, conduct, and evaluate a sustainable number of resource management volunteer projects. Identify and recruit individuals and/or groups that can become involved with the District as new Preserve Partners volunteers. 2. Coordinate mont ily safe, educational, and productive volunteer service projects and speeial group volunteef pfejeets. throughout the year at various open space preserves. 3. Recruit, screen, and train new"Frail Patrol, Crew Leader, Community Outreach and Special Field Project volunteers to assist staff in maintaining and protecting District preserves. Offer enrichment opportunities for active volunteers. 4. Provide public information about volunteer programs, projects, and accomplishments by producing four issues of Volunteer News. 5. Resume individual evaluation hikes and rides for Trail Patrol members. Create pre-evaluation surveys utilizing the District's new online survey system to increase efficiency of the time spent on the evaluation hike or ride. 6. Coordinate velunieer(s) to maintain the ai4ifaets and fumishings in the hist Crain. (2004-05 Project Completed. In the future, Deer hollow Farm will take on this project) 7. Examine potential lunchtime enrichment presentations for volunteer outdoor service projects. Identify appropriate speakers such as Board members, District docents. Coordinate logistics, and schedule a number of trial presentations. 8. Demonstrate to public and peer groups the innovative approach to volunteer management. Refine and upgrade the 'High Tech Volunteer' presentation (presented at the CPRS Conference) to reflect new methods and the District's new Web site and online forms. Page 38 Other Projects and Activities 2004-05 Projects Completed. 1. Conduct the an-annual Volunteer Recognition Event, and assess other recognition activities for docents and volunteers that demonstrate the District's appreciation for the efforts of i4svolunteers and docents. 2. Research new methods of sending group email notices to the various volunteer groups to ensure that the most efficient system is being used and that current methods are not being detected as SPAM and blocked by recipients' systems. 3. Sustain Pfovide effective communications between Community Programs staff and field staff involved with Community Programs. 4. Conduct"Earth Day" and California Trail Day events that provide appropriate ways for the community to be involved in projects or outdoor activities that celebrate the environment and our natural resources during the period of time prior to and shortly after*'Earth Day." 5. Upgrade the system by which volunteers and docents evaluate training programs and events by establishing on-line surveys utilizing the District's new survey account. Develop a self-evaluation instrument for the docent program. 6,_Cenduet the Annual "Community Open Spaee Celebfa4ion" ineer-perating some elf the Spuees and Speeies. obj eetives, engaging paftieipants with fun and edueational aetivities (i.e., seavengef hunt), and reaehing to a bfoad based publie atidi....... Page 39 ADMINISTRATION DEPARTMENT Programs A. Administration B. Human Resources C. Legal Services To Implement the BASIC POLICY OBJECTIVE: Administers the affairs of the District on behalf of the public so as to maximize accomplishment of the goals and objectives of the District within existing financial, legal and other constraints. General Program Emphasis for 2004-2W2005-2006 Continue to support the District-wide efforts for improving supervisory, leadership, and communication skills among all staff, including opportunities for employee input, in order to enhance employee morale and the District's work environment. Foster staff participation in carrying out the District's short and long-term goals and objectives. Maintain the District's viability as an open space acquisition and management agency, and support the Coastal Protection Program implementation. Work toward potential expansion of the Distfiet's boundaries to ineitide coastal lands in San Matee County. Staff Resources (Regular, full-time positions unless otherwise indicated) General Manager Assistant General Manager General Counsel (80% time) Controller(25%time) Administr-atiep.44ufnan Resour-ees Manager(vaeapA) Attorney Management Analyst— Human Resources Management Analyst—Administration Senior Administrative Assistant Senior Accounting Specialist Administrative Assistant Receptionist Network Specialist (70-oXo time) Accounting Clerk (80% time) Page 32 Page 40 2004-290-52005-2006 Administration Program Ob'ective To provide overall coordination, direction, and administrative foundation for all District activities so as to maximize the accomplishment of the Board's policies and directives, to implement the Action Plan, and to maintain the District's viability as an open space acquisition and agency. management a . g g Y Key Projects I. Coastal Protection Program —Coordinate the efforts of the Board, consultants, and staff to complete the Coastal Protection Program� implementation the program of pfeteeting the coastal lands in San Matee . Work with all departments to facilitate policy development to include the coastal annexation area including the Good Neighbor policy assess the related impacts o staffing ng and « eovurv.+o .,. 2. State Budget Process—Continue to monitor state budget activities related to the District as a result of the passage of Proposition IA by the voters''e��+Izo c+.+o 4,,,� of the state budget defieit, ineluding possible Distr-iet budget legislative adveea4e to minimize, to the extent possible, the budget impaet. Mak 3. District Funding—Continue to provide multi-year information/scenarios on District's long-term finances, including bonded indebtedness and cash flow. Continue to monitor; and to addfess the need to r-ely on the availability of grant funds for major land purchase and development projects. Continue to pPursue alternate sources of see-ur-e-additional funding for land purchases throughout the District including the newly annexed Coast Protection Area to meet aequisition and open space management needs. 4 Ombudsperson—Facilitate communication and staff assistanceeg as needed to support the Ombudsperson program. 5 Equipment Inventory— Implement a bar code system tofor the f;-District's equipment inventory. 4. Eleetions 3A'ofk with Santa Clam, and San Mateo Counties on the eleetion pr-oeess fo 5. New Aeeounting Software Complete implementation of the new aeeounting softwafe Page-32 Page 41 6. Risk Management Complete pr-E) aetive fisk feduetion steps in eonformanee with the Work with the CARIA on elaims proeessing and ind analyzing losses. Other Projects and Activities 1. Continue to foster a management team approach for overall management of the District's activities. 2. Provide financial management and accounting services, including investment of temporarily idle funds, compliance with new Government Accounting Standards. Assure compliance with Purchasing Policies through review of all purchases and ongoing education of staff. Prepare materials for annual audit. 3. Perform administrative and legal obligations as required by State law. 4. Oversee coordination of equipment/infrastructure needs at the main office. 5. Action Plan development and coordination of the program evaluation process.lpdate Aetion Plan; eeer-dinate program evaluations faF Aetion Plan pfegr-ess. 6. Prepare, monitor, and revise annual budget, as necessary. Coordinate Administration and Budget Committee meetings. 7. Coordinate preparation and distribution of all materials for the Board's regular and special meetings. 8. involve the Beafd of Direetefs in the planning of annual speeial Beafd rfleeting(s) to be held as paFt of Board's Good Neighbor Poliey. II 98. Administer and update various risk management components, including training and other proactive processes in conjunction with the CAJPIA. 4-09. Continue-upgrades of the District's network computer system as needed to increase efficiency and reliability; provide day-to-day technical support to both field offices; and continue to assess system, develop resources, and manage technological change and improvements. Provide ongoing computer training to staff at all three offices. 44—.10. Work with other departments to implement and fully utilize database elements that contain information that is shared by multiple departments per consultant recommendations. 4-211. Maintain Board and staff policy and procedure manuals. 4-3-12. Continue to use recycled products, whenever feasible, in accordance with the purchasing policy. P-age32 Page 4) 4443 Continue uploads of all Administrative Department documents such as Board Meetings Agendas and Minutes to the Web Site 4-5.14. Continue records management activities (permanent storage, record retention and/or destruction) as required by law and designated by the District's Record's Management Plan. Maintain the records management database. 15 Update the procedure manual for all administrative processes related to the District Clerk responsibilities. 16 Coordinate and perform all activities required for maintenance of the newly-acquired Guadalupe Land Corporation. Page 32 Page 43 2004 2052005-2006 Human Resources Program Objective To provide coordination and direction for human resources activities so as to enhance the overall quality and effectiveness of the District's work environment for all employees of the District. Key Projects 1. Workplace Enhancement Plan -Continue to coordinate, monitor, and support the Workplace Enhancement Plan activities. The Plan consists of methods for improving communication among all employees and management staff, increasing employee input; enhancing management, supervisory, leadership, and communication skills; and establishing a greater emphasis on people management versus task management. 2. Personnel Policies and Procedures Manual- Complete the re-write of the Personnel Policies and Procedures Manual for Board approval, :,,eluding hi.ZF proeedufes and exempt status poliei . Continue facilitation of an employee input process with employees from each department. Write or revise Administrative Policies and Procedures as needed, including employee input as part of the process. 3. Performance Standards--Review and assess the newly implemented I ind per-form-anee s t-A fld—Ar-d . Assist all departments with timely and equitable evaluations. Conduct meetings with staff and implement new performance evaluation forms, including,training of all supervisors. 4. Labor Negotiations - Implement any changes in salaries and benefits which may be the result of labor negotiations.Pfepare������� with SEIU beeal 715. 5. Health insur-anee Analysis Seleet, hife and wer-k with eensultant on analysis e health insuranee and Fetir-ee medieal eests and benefit eampafisons. Gond emplayee i4ormation meetings and surweys for staff Y-egafding the fepert the eensultants, Other Projects and Activities 1. Plan and conduct recruitment processes for all position vacancies in order to fill vacant positions as soon as possible. Ensure consistency in hiring procedures. Provide a comprehensive new employee orientation for all new employees. 2. Administer compensation and benefit programs for all employees. Page 32 Page 44 3. Provide human resources support and employee or labor relations services to all departments. Maintain positive and productive working relationships with SEW Local 715 and non-represented employees. 4. Assess training needs, identify training resources, and schedule in-house training programs as needed to develop and improve leadership, management, supervisory, communications skills, and risk management skills. 5. Coordinate, plan, and organize the annual staff recognition event on behalf of the Board. Oversee the staff activities ("Fun") committee. Coordinate and plan other staff events as needed. 6. Promote and oversee the District's safety program including facilitating a Safety Fair. Continue expanded utilization of the new HRIS database system with applicable payroll functions to eliminate duplicate processes. Page 32 Page 45 2004-2W2005-2006 Leal Services Program Objective To provide timely legal services to the Board and to all District Departments; to advise and assist the Board and staff in developing and implementing District policies, regulations, and ordinances, and in accomplishing District projects in accordance with law. Key Pr2jects l. Real Property - Provide legal advice concerning District real property matters, including acquisition, disposition, management, title and encroachment issues, easement issues, leases, licenses, and permits to enter District land. Anticipated major projects include: • Litigation - Halfr r R Goastside Foundationv. N4RQS , ( hallo ge aadequaey of EIR for- Coastal Pfeteetion Drogrum)•4leContinue and complete MROSD v. Portola Investment Company quiet title action to obtain title to Dennis Martin Road to address use and management issues (Thornewood Open Space Preserve); pursue resolution of encroachment at Bear Creek Open Space Preserve MROSD v. Landi• Resolve property rights issues at Fremont Older Open Space Preserve Saratoga Country Club v. MROSD; and at Coal Creek Open Space Preserve, Fogarty v. MROSD. • Encroachment and Property Rights Claims - Assist Real Property Department in resolving encroachments at Bear Creek Redwoods Open Space Preserve and Rancho San Antonio, Montebello Open Space Preserve, and at Pull s Ridge assist in resolution of access easement claims at Coal Creek Open Space Preserve, Bear Creek Open Space Preserve and Sierra Azul Open Space Preserve; assist in preparation of new lease for Picchetti Winery. Continue working with the Real Property and Operations Departments manual f handling e e menu and identifying and resolving property rights issues on District land. • Acquisition —Assist Real Property Department in connection with potential District ongoing operation and management of Guadalupe Land Company property as a corporate asset(Sierra Azul Open Space Preserve); assist in transactional documents to accomplish easement exchanges (Montebello Open Space Preserve and "�'i�. 1Rancho San Antonio Open Space Preserve); assist in preparation of an additional eommunieations lease at an existing site (Pulgas Open c, aee Pr-esefye) • Other Projects - Continue working with Real Property and Planning Departments to pursue global solutions to streamline the acquisition and planning 37 Pa-c 46 processes, including a Memorandum of Agreement with Santa Clara County to identify acquisitions that are exempt from the requirements of the Subdivision Map Act, and Memorandum of Agreement with San Mateo and Santa Clara Counties clarifying the consistency of acquisitions with County planning requirements. 4per-mits Continue working with Real Pfoperty and Planning Departments to use Distr-iet land and for- other-Distr-iet se...- -..- staff time. 2. Risk Management—Provide advice and monitor current claims and litigation against the District; represent the District's interests in insurance and CJPIA coverage matters; provide oversight of matters handled by outside counsel; investigate and maximize insurance coverage for claims filed against the District. 3. Human Resources - Assist in carrying out labor relations functions; provide legal advice on personnel matters. Anticipated major projects: Continue to advise on update of District's Personnel Policies and Procedures Manual; continue to assist in implementing the legal aspects of the Workplace Enhancement Plan; assist in labor negotiations in Fiscal Year 2005-2006 as needed. 4. Coastal Protection Program - Anticipated major projects: Continue to provide advice concerning legal requirements applicable to implementing the Coastal Protection Program, ,.,,.;w, eet-ss, draft and review related necessary rogram documents; publie- ageneies, and assistance in litigation challenging LAFCo's approval of the Program, Citizens for Responsible Open Space v. MROSD. 5. Operations - Advise on the update of the Field Operations Manual; continue to assist in the development of Cooperation Agreements for provision of law enforcement and emergency services with sister agencies; work with Operations in resolving jurisdiction issues to assist in developingsuch ueh agreements. 6. Planning- Advise on the Navy remediation project at Site 25 (Ravenswood Open Space Preserve); Cofte de Mara Creek Open Space Pr-eser-ve; provide advice concerning resolution of mercury NRDA, TMDL and remediation issues at the Rancho de Guadalupe property (Sierra Azul Open Space Preserve). Other Protects and Activities 1. Provide legal research concerning historic parcels and chains of title to assist in resolving real property issues and in support of Planning and Real Property projects. 38 Page 4? 2. Provide advice concerning legal requirements applicable to the District such as the Brown Act, conflict of interest laws, election law, and the California Environmental Quality Act. 3. Assist Departments in bidding processes and contract administration for public works and professional services contracts; update model public works contracts to reflect current statutory requirements. 4. Prepare and review District legal documents such as contracts, easements, leases, permits, regulations, and ordinances. S. Represent the District's legal interests in matters involving other government agencies. 6. Advise the District on court rulings and legislation affecting the District and assist in drafting and pursuing legislation proposed by the District. 39 'age 48 Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-05-09 Meeting 05-03 February 9,2005 AGENDA ITEM 4 Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-05-09 Meeting 05-03 February 9,2005 AGENDA ITEM 3 AGENDA ITEM Proposed License and Management Agreement and Assignment of Rents and Security Deposits with Peninsula Open Space Trust for Stevens Canyon Ranch Property Adj aratoga Gap Open Space Preserve (Santa Clara County Assessor's Parcel Numbers 503-04-001, 50 -05-016,0 ,and 503-06-024) GENERAL MANAGER'S RECOMME ATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in this report. 2. Authorize the General Manager to sign the attached License and Management Agreement and Assignment of Rents and Security Deposits with Peninsula Open Space Trust and, subject to approval by the General Manager and General Counsel,to approve minor revisions to this agreement which do not substantially change any material term of the Agreements. 3. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report. DESCRIPTION(see attached map) The 238.15-acre property is located in the Cupertino foothills along Stevens Canyon Road and is situated between Monte Bello and Saratoga Gap Open Space Preserves and(Lower) Stevens Creek County Park. Located on the north-facing slopes of Stevens Canyon, the property's diverse landscape includes grassland,meadows, orchards, and redwood groves along year-round creeks in deeply cut canyons. The landscape attracts a variety of wildlife and offers outstanding recreational opportunities. Its strategic location between protected public lands in the upper and lower Stevens Creek watershed makes it an ideal site for a public staging area with parking for a regional trail system. The property has been a family ranch since the 1880s and still retains the atmosphere of an earlier age. An old stone winery with an upper residence, weathered outbuildings,and an apple and pear orchard are visible reminders of the agricultural heritage of Santa Clara Valley. The property is bounded by District land to the southwest and northwest, and private property to the north,east, and southeast. Stevens Creek County Park shares a common boundary with the property near the northeast corner. Although the property feels remote and secluded, it is only a short drive from Highway 280 in Cupertino or Highway 85 in Saratoga. Stevens Canyon Road provides the primary access. The property's mile-long northeastern boundary adjoins the road with six separate entry points. The first leads to a large flat open area that is in very close proximity to the road. The second leads to the caretaker's cabin. The third goes to the homestead area that includes the old stone winery, main house,orchard, swimming pool, and surrounding outbuildings. The fourth entry point provides access to a large family picnic area next to a tributary to Stevens Creek. The fifth is on the north side of Stevens Canyon Road and provides access to a private life estate within Stevens Creek County Park; it includes a bridge that crosses Stevens Creek. The last entry point is located off Redwood Gulch Road, which is a steep twisting road that descends from State Highway 9 to Stevens Canyon Road past the southeastern corner of the property. R-05-09 Page 2 The lower part of the property is fairly flat—a rarity in this steep sided canyon—while the upper part is steep. The property rises about 1,000 feet between Stevens Creek and Saratoga Gap Open Space Preserve, its north- facing slopes cut by three tributary creeks. Heading up from Stevens Creek, one passes through diverse plant communities including redwood forest, orchard, grassland,oak woodland, and mixed evergreen forest. Numerous edges between these habitats, abundant water from springs and creeks, and the secluded, rigged terrain all attract wildlife from the surrounding public lands. Biological analysis of the property indicates that it supports a wide variety of wildlife species common to the Stevens Creek watershed. By 1900, loggers had cleared Stevens Canyon of timber up to Skyline Boulevard(State Route 35); large old stumps and a shingle splitter's stone oven remain here as evidence of this use. Tall second-growth trees now cover the property, including redwood, Douglas fir, madrone, bay,tanoak and many species of oak. An immense old-growth redwood near the creek is a living reminder of how the forest might have looked originally. Grassy knolls create openings in the forest with wide-ranging views. A population of rare Santa Clara red ribbons clarkia grows in one meadow along with small stands of purple needlegrass. Water-rich swales near the creeks are carpeted with ferns. The loose, friable soil attracts burrowing mammals. A previous owner believes she saw an endangered California Tiger Salamander here. Deer are common, indicating that this is also prime mountain lion habitat. Bastido Bordi bought the property in 1881, clearing and cultivated about 100 acres. He planted an orchard and a vineyard and started a small family winery. His original main house, built atop a stone-walled wine cellar,still stands as the central building on the property. The winery doors, with their faded paintings of two dancing ladies, open onto a cool, dark interior where wine casks were stacked to the ceiling—some are still there. The Glendenning family acquired the property in the 1950s and continued using it as a family ranch until it was sold to Peninsula Open Space Trust(POST) in December 2004. The orchard includes many productive pear and apple trees. Well-maintained ranch roads form a ready-made trail system on the property,with two main hiking trails. One passes the historic structures, continues through the orchard,and ascends to a vista point on a madrone-shaded knoll on the eastern edge of the property. The second trail climbs toward the northwestern boundary on the road leading up toward the Heather Heights subdivision,following one of the tributary creeks. The area where two tributaries meet is a cool and inviting spot to rest or picnic, overlooking deep pools and large boulders. There are excellent opportunities for two important regional connecting trails. The first would cross over Stevens Creek and ascend northward to the planned Stevens Creek Trail between Monte Bello Open Space Preserve and Stevens Creek County Park. The District and Santa Clara County have long been cooperating to purchase properties and trail rights on the north side of Stevens Canyonp Road in order to complete this trail. The second p g ro h trail would extend from the northwestern boundary of the Stevens Canyon Ranch property thug Saratoga g Gap Open Space Preserve to the segment of the Bay Area Ridge Trail south of Saratoga Gap. This new trail would provide access to the regional trailhead at Saratoga Gap and connect with the Skyline-to-the-Sea Trail,Castle Rock State Park, Sanborn County Park, Long Ridge Open Space Preserve and numerous other preserves along Skyline Boulevard. USE AND MANAGEMENT PLAN Planning;Considerations The property is located in an unincorporated area of Santa Clara County. It is zoned HS (Hillside),requiring one dwelling unit per 160 acres,unless the development is clustered, whereby the allowable density is based on the average steepness of the property. The property has a potential density of seven dwelling units. The property would be easy to develop for residential purposes due to the access along Stevens Canyon Road,developed interior roads, and desirable home sites. The District's Open Space Master Plan indicates the property as having moderate to high open space values. The R-05-09 Page 3 District's Regional Open Space Study shows the property as land worth considering for open space protection, and is located in the vicinity of a potential trail connecting Stevens Creek Canyon to Saratoga Gap and the Bay Area Ridge Trail. The Santa Clara Countywide Trails Master Plan shows the property between the Bay Area Ridge Trail and the proposed Stevens Creek Trail. Management Considerations POST has rented the main house in the homestead area and the caretaker cabin. The caretaker has lived on the property for over twenty years and will continue to help maintain the infrastructure of the property including the spring-fed and well water systems. The tenant of the main home will also be responsible for maintaining the water systems and for securing and maintaining the swimming pool. The Assignment Agreement will allow the District to manage these structures as part of its Property Management program. The creek running through the eastern portion of the property sustained erosion and bank slippage during the 1982 "El Nino" storms. During these storms, debris from a private property to the south was dispersed into the upper portion of this creek. Staff will work with the neighbor and the appropriate regulatory agency to clean up the area and address future bank erosion in the creek. Preliminary Use and Management Plan Recommendations The Preliminary Use And Management Plan will take effect upon execution of the License and Management . Agreement,and will remain effective until the agreement expires. Any proposed changes to land use would be subject to further environmental review and public input. Public Access: Closed to general public use at this time; limited public use allowed by permit only. Signs: Boundary and regulatory signs will be placed where appropriate. Structures: Residential Rental Agreements will be continued for main home and caretaker cabin;barns and other outbuildings will remain vacant. Picnic Grounds: Grounds and tables will be maintained. Orchard: Seek agricultural tenant to maintain orchard. Patrol: Routinelypatrol the property. p P P rtY• Name: Name the property as an addition to Saratoga Gap Open Space Preserve. Site Safety Inspection: A Comprehensive inspection has been completed and no hazards were found. CEQA COMPLIANCE Project Description The project consists of managing a 238.15-acre property as an addition to Saratoga Gap Open Space Preserve,and the concurrent adoption of a Preliminary Use and Management Plan for the property. Ultimately, the property is likely to be acquired by the District and would be included in the Comprehensive Use and Management Plan for the Saratoga Gap Open Space Preserve. The land will be permanently preserved as open space and maintained in a natural condition. CEQA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA(California Environmental Quality Act)under Article 19, Sections 15301, 15316, 15317, 15325, and 15061 of the CEQA Guidelines. R-05-09 Page 4 Section 15301 exempts operation,repair, maintenance,permitting, leasing,licensing, or minor alteration of existing public or private structures, facilities,mechanical equipment,or topographical features,involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The use and management plan specifies the property will be operated and maintained in a natural condition and there will be no expansion of use; the property will be closed to the public except under a permit. Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural condition and the management plan proposes to keep the area in a natural condition. Ultimately,the District is likely to acquire the property from Peninsula Open Space Trust. The use and management plan specifies the land will not be developed and will remain in a natural condition. Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area. Ultimately,the District is likely to acquire fee interest in the property and will maintain the open space character of the area. No new development is proposed as part of this project. Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. Ultimately,the District is likely to acquire the property,which will transfer fee ownership of the property to the District and ensure it will be preserved as public open space by incorporating it into the Saratoga Gap Open Space Preserve. This acquisition qualifies under four sections. The actions proposed in the Preliminary Use and Management Plan are also exempt under section 15061, as there is no possibility the actions may have a significant effect on the environment. License and Management Agreement and Assignment of Rents and Security Deposits The License and Management Agreement allows the District to patrol, manage and plan for public use of the property as part of the Saratoga Gap Open Space Preserve. The license agreement also enables the District to enforce its rules and regulations. Under the Assignment of Rents and Security Deposits,the District will receive monthly rents and manage the main home and caretaker cabin as part of its Property Management program. Both the caretaker and tenant of the main home will be responsible for routine maintenance and repair of their residences,the spring and well water systems and access roads. The tenant of the main home will assume responsibility for maintaining and securing the swimming pool adjacent to the residence as well. The caretaker has lived on the property for over twenty years. The caretaker's knowledge of the 238.15-acre property, residences,outbuildings,roads,drainages, property lines and infrastructure will significantly benefit the District's management of the property. Public Notification Property owners of land adjacent to or surrounding the subject property have been mailed written notices of this license and management agreement. Prepared by: Del Woods, Senior Acquisition Planner Michael C. Williams,Real Property Manager Maps prepared by: Matt Sagues,Planning Technician Contact person: Michael C. Williams, Real Property Manager 1 Stevens Canyon Ranch Area Map ti}pyt1L71�t, T, @ i Upper Stevens Y>, Table Mountain r- - 852. Creek '' �' (�2 eb 7 ,e County Park r ena� � ti �V Aeyani (\Addition Po 1, R I Stevens Creek County Park ri oa Gad a o, 0R02 ' '• > Es fe) Ste\'erg a c i i r I � - ti' 1 Stevens Canyon ° Ranch (POST) Z. _ 41 ,�,� _ : j r ' 8 � a a_ 0�e n C — P r eserve1 v % i• - Sk Ime=Sanbo n County Park' , Y, G\Pmjods\Samloga_Gap\.ones-Bwke&Jone-Bwker_B&W_2-05 ms rr e LICENSE AND MANAGEMENT AGREEMENT THIS LICENSE AND MANAGEMENT AGREEMENT ("License"), dated as of February 9, 2005, is by and between the PENINSULA OPEN SPACE TRUST, a California non- profit public benefit Corporation ("POST"), and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant to Section 3 of Chapter 3 of Division 5 of the California Public Resources Code ("District"). RECITALS A. POST is the owner of a certain parcel of real property ("Property"), located within the unincorporated area of the County of Santa Clara, State of California and is more particularly described in Exhibit "A", attached hereto and incorporated herein by this reference. B. The Property is adjacent to District land and POST desires to transfer the Property to the District under mutually agreeable terms at some time in the future. POST desires that District license and manage the Property for the benefit of POST. In return for such services, District will receive the benefit of the ability to use the Property for purposes consistent with its mission. C. POST is willing to license the Property to District, and District desires to license the Property from POST,upon the terms and conditions set forth below. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, POST and District(collectively,the "Parties") hereby agree as follows: 1. License. For and in consideration of the mutual covenants and agreements by the Parties contained in this License, POST does hereby license to District, and District does hereby license from POST, all of the Property. 2. License Term. District shall license the Property for a term of two years commencing on the Effective Date hereof and ending two (2) years from the Effective Date (the "License Term"). As used herein, the term "Effective Date" shall be the date on which this License is executed by the District's Board President. 3. Consideration.. POST and District agree that the consideration for the District's performance of its covenants and agreements contained herein (including, without limitation, those regarding indemnification, maintenance and operation of the Property) shall be the District's rights and privileges to use the Property as set out in this License, and the concurrent "Assignment of Leases and Security Deposits" entered into between POST & District, a copy of which is attached hereto marked"Exhibit B," and incorporated by this reference(hereafter "Assignment"). 4. POST's Representations, Warranties and Covenants. POST represents, warrants and covenants as follows: 4.1. Organization. POST is duly organized and validly existing under the laws of the State of California. 4.2. Requisite Action. All requisite corporate action has been taken by POST in connection with POST's execution of this License, and has been taken or will be taken in connection with the agreements, instruments or other documents to be executed by POST pursuant to this License. 4.3. Title. To POST's knowledge, POST owns fee simple title to the Property. 5. Management. During the term of this License and any extension thereof, District agrees to manage the Property for the purpose of open space preservation as part of the ecological, recreational and scenic resources of the mid-peninsula area. District shall assume full legal responsibility for management, operation and control of the Property during the License Term, for the conditions thereof, and for all activities conducted by District thereon. District and POST acknowledge that the District's License is subject to the rights and obligations of the lessees set r and acknowledge d to District under the Assi gnment.ment. The parties agree out in the leases assigned gn p g g that, under the leases, the lessees have certain maintenance, management and repair obligations for the leased Premises. The parties agree that District may authorize the lessees to perform any of its management obligations under this License. However, such authorization shall not relieve District of any of its management obligations under this License. District may install gates and appropriate signing and fencing as District determines is necessary and appropriate, and may undertake such other steps as District deems necessary or appropriate for the proper and safe management of the Property. 6. Patrol. District will patrol and manage the Property in a manner consistent with adjacent District holdings to ensure that the Property is kept in a safe and sanitary condition and that deleterious or incompatible uses of the Property are discouraged. Should any trespass or other unauthorized use or activity occur upon the Property, District may exercise its authority to correct these matters including,where necessary, enforcing District regulations and ordinances on the Property. The Property shall be deemed to be property under the operation, control and management of District for purposes of Public Resource Code Sections 5558 and 5560.5 as a District park, and shall be deemed to be "District Lands" as defined in District Ordinance No. 04-1. 7. Use. District shall have the right to use and operate the Property for open space and recreational purposes including, but not limited to environmental education, occasional special events, docent-led hikes, and to plan, design and construct low intensity recreational trails for limited public use. 8. Legal Responsibility and Indemnification. 8.1 District. Except as otherwise agreed herein, District shall hold POST harmless from, and defend POST and its officers, directors, employees and agents against, any and all claims or liabilities for injury or damage to any persons of property howsoever occurring during the life of this License in, on, or about the Property, arising out of any condition of the Property or of any act, neglect, fault or omission by the District with respect to District responsibilities as set out in this License. 2 8.2 POST. POST agrees to indemnify, defend and hold harmless District and its agents, officers, officials, and employees against any and all claims or liabilities for injury or damage to persons or property arising out of or resulting from the negligent acts or fault of POST, or its agents, employees, officers, or servants, in connection with the Property. 8.3 Joint Responsibility. In the event of concurrent negligence, each party will bear responsibility for its acts in proportion to its fault under the doctrine of comparative negligence. 8.4 Insurance. During the License Term,the District shall maintain in full force and effect a comprehensive general liability insurance policy applicable to the Property and the District's activities under this License with limits of liability of at least Two Million Dollars ($2,000,000) aggregate combined single limit for bodily injury and property damage liability; and One Million Dollars ($1,000,000) combined single limit per occurrence. The District may satisfy the obligations set out in this Section by participation in a government self- insurance risk pool authorized under state law, including but not limited to the California Joint Powers Insurance Authority("CJPIA"). District shall cause the CJPIA or other applicable self-insurance risk pool to issue Evidence of Coverage naming POST as a Protected Party under the CJPIA Memorandum of Coverage effective February 10, 2005. 9. Compliance with Laws. District shall comply with any and all federal, state, and local laws, statutes, codes, ordinances, regulations, rules, orders,permits, licenses, approvals and requirements applicable to the use and occupancy of the Property by District and District shall not commit and shall not knowingly permit others to commit waste upon the Property. 10. Surrender of Property. Except as otherwise provided in this License, and subject to acts of God, upon the expiration or earlier termination of the License Term, to the maximum extent the same is reasonably within the control of District, District shall surrender the Property in substantially the same condition as it was in upon the Effective Date, except for any changes to such condition made or caused to be made by POST or any of POST's agents, lenders, contractors, engineers, consultants, employees, subcontractors, licensees, invitees and representatives. 11. Maintenance and Utilities. During the License Term, District shall not use the Property for any purpose except as expressly provided in this License. District shall be solely responsible for the cost of providing any utilities or other services necessary for District's use and occupancy of the Property. District may authorize its lessees to pay for the cost of utilities or services under the leases,but this shall not relieve District of its primary obligation to pay for such costs. District shall promptly pay and/or discharge any liens that may be recorded against the Property or District's License interest therein resulting from any work performed or materials ordered by or on behalf of District. During the License Term, District shall maintain and repair the Property in such manner as reasonably necessary to preserve its existing character; provided, however, that District shall not be obligated to make any material capital improvements to the Property. 12. Assig_nment. District may not assign this License to any other party without the prior written consent of POST, which consent shall not be unreasonably withheld or delayed with 3 I respect to an assignment to a party that expressly assumes in writing all of District's obligations and liabilities hereunder. In the event of an assignment, District shall remain liable for the payment of all fees and the performance of all of District's obligations under this License, except if and to the extent such obligations are released in writing by POST. 13. Miscellaneous Provisions. 13.1 Invalidity. If any term or provision of this License or the application to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this License, or the application of such term or provision to persons whose circumstances other than those as to which it is held invalid or unenforceable, shall not be affected. 13.2 Successors and Assigns._ Subject to the limitations set forth above, the terms, conditions and covenants of this License shall be binding upon and shall inure to the benefit of each of the Parties, their heirs,personal representatives, successors or assigns, and shall run with the land. 13.3 Writin . No waivers, amendments, alterations or modifications of this License, or any agreements in connection with this License, shall be valid unless in writing and duly executed by both POST and District or their respective successors-in-interest. 13.4 Construction. The captions appearing in this License are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or intent of such paragraphs of this License or in any way affect this License. Any gender used shall be deemed to refer to any other gender more grammatically applicable to the party to whom such use of gender relates. The use of singular shall be deemed to include the plural and, conversely, the plural shall be deemed to include the singular. 13.5 Notices. Any notice, demand, or request required hereunder shall be given in writing at the addresses set forth below by any of the following means: (a) personal service; (b)telephonic facsimile transmission; (c) nationally recognized overnight commercial mail service; or(d) registered or certified, first class U.S. mail, return receipt requested. If intended for District, addressed as follows: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Attn: L. Craig Britton, General Manager TEL: (650) 691-1200 FAX: (650) 691-0485 If intended for POST, addressed as follows: Peninsula Open Space Trust 3000 Sand Hill Road, 1-155 Menlo Park, CA 94025 Attn: Audrey C. Rust, President TEL: (650) 854-7696 FAX: (650) 854-7703 4 i Such addresses may be changed by notice to the other party given in the same manner as above provided. Any notice, demand or request sent pursuant to either clause(a) or(b), above, shall be deemed received upon such personal service or upon dispatch by electronic means (provided, however, that a dispatch by facsimile transmission that occurs on any day other than a business day or after 5:00 p.m. Pacific time shall not be deemed received until 9:00 a.m. Pacific time on the next business day). Any notice, demand, or request sent pursuant to clause(c), above, shall be deemed received on the business day immediately following deposit with the commercial mail service and, if sent pursuant to clause (d), above, shall be deemed received forty-eight (48) hours following deposit in the U.S. mail. 13.6 Authority to Sign. The parties executing this License on behalf of POST and District represent that they have authority and power to sign this License on behalf of POST and District,respectively. I t 13.7 Conflict of Laws. This License shall be governed by and construed pursuanto the laws of the State of California. 13.8 Attorneys' Fees. If either party should bring suit or seek arbitration under this License, because of the breach of any provision of this License, then all costs and expenses, including reasonable attorneys fees, incurred by the prevailing party therein shall be paid by I the other party, which obligation on the part of the other party shall be deemed to ha ve accrued on the date of the commencement of such action or arbi tration and shall be r secuted to judgment. r not the action is o enforceable whether o p ) �► 13.9 Waiver. The waiver by either party of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition herein contained, nor shall any custom or practice that may arise between the Parties in the administration of the terms hereof be deemed a waiver of, or in any way affect, the right of POST or District to insist upon the performance by District or POST in accordance with said terms. 13.10 Time. Time is of the essence with respect to the performance of every provision of this License in which time of performance is a factor. 13.11 Prior Agreements. This License contains all of the agreements of the Parties with respect to any matter covered or mentioned in this License, and no prior agreement or understanding pertaining to any such matter shall be effective for any purpose. 13.12 Severability. Any provision of this License that shall prove to be invalid, void or illegal in no way affects, impairs or invalidates any other provisions hereof, and all other provisions shall remain in full force and effect. /// I I 5 I POST AND DISTRICT, by their execution below, indicate their consent to the terms of this License and Management Agreement. For POST: PENINSULA OPEN SPACE TRUST, a California no-profit public benefit corporation By: Audrey C. Rust, President Date: For DISTRICT: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVED AND ACCEPTED : By: L. Craig Britton, General Manager Date: APPROVED AS TO FORM: By: Susan M. Schectman, General Counsel ATTEST: By: Sally Theifoldt, District Clerk Date: i I i 6 EXHIBIT A• 28391825 LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of Santa Clara, City of Saratoga, described as follows : PARCEL ONE: Commencing at an iron bar at the corner of Lot A of the Paradise Subdivision in the center of Stevens Creek Road and on the line between Sections 4 and 5, Township 8 South, Range 2 West, M.D.M. , from which a black oak 10 inches in diameter bears North 84 deg. 01 West 22 . 77 feet distant; thence along the center of Stevens Creek Road on the Southerly lines of Lots A of the Paradise Subdivision, South 43 deg. 041 East 54 . 78 feet to an iron bar; thence South 0 deg, 301 East 120 . 12 feet to an iron bar; thence South 28 deg, 191 East 59 .40 feet to an iron bar on the line between Lots A and B of the Paradise Subdivision; thence South 61 deg, 411 West 20 feet to a 3/4 inch pipe; thence North 54 deg, 141 West 61 . 80 feet to a 411 x 411 post on the Section line between Section 4 and 5, Township 8 South, Range 2 West; thence North 0 deg, 161 East on Section line between Section 4 and 5, 185 . 80 feet to the point of beginning, being a portion of the Northwest 1/4 of Section 4, Township 8 South, Range 2 West. PARCEL TWO: The Southeast 1/4 of the Northeast 1/4 of Section 5, Township 8 South, Range 2 West, M.D.B. & M. , and ALL of Lots 1 and 2 of Section 5, Township 8 South, Range 2 West, M.D.B. & M. EXCEPTING THEREFROM all that portion lying Northerly of the Southerly line of the Bordi Subdivision" a Map of which was filed for record in the office of the Recorder of the County of Santa Clara, State of California, on August 20, 1924 in Book S of Maps, Page 28 . PARCEL THREE: All of Lots 25 and 26, as shown upon that certain Map entitled, "Map of Bordi Subdivision" , which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California, on August 20, 1924 in Book S of Maps, at Page 28 . EXCEPTING THEREFROM all that portion of Lot 25 and more particularly described a follows: Beginning at an iron bar in the center line of Stevens Creek Road at the Southerly common corner for Lots 24 and 25, as said Continued on next page -2- EXHIBIT A 28391825 Road and Lots are shown on the Map above referred to; thence along the said center line of Stevens Creek Road North 44 deg, 151 West 50 . 00 feet to an iron bar and North 71 deg, 321 west 31 .50 feet to an iron bar; thence leaving said center line and running North 18 deg. 281 East 90 feet, more or less, . to a 3/4 inch iron pipe at the base of a 60 inch Hickory oak on the Northerly line of said Lot 25; thence East along the said Northerly line of Lot 25, for a distance of 127.23 feet, more or less, to the Northerly common corner for said Lots 24 and 25; running thence South 34 deg. 451 West along the dividing line between said Lots 24 and 25 for a distance of 159. 63 feet to the point of beginning. PARCEL FOUR: All of Lots 3 and 4 and the South 1/2 of the Northwest 1/4 of Section 5, Township 8 South, Range 2 West, M.D.B. & M. Excepting therefrom all that certain tract of land described in the Deed from Seligman Weilheimer to John Widney, dated January 5, 1893 , recorded January 7, 1893 in Book 156 of Deeds, Page 12, Santa Clara County Records, and more particularly described as follows: Beginning at a stake marked W. W. 7 standing in the 1/4 Section line runninq East and West through the center of Section 5, Township 8 South, Range 2 West and being distant East 19 . 59 chains from the 1/4 Section corner between Sections 5 ' and 6 Township 8 South, Range 2 West and from which stake a 'Madrone 4 inches in diameter marked B.T.W.W. 1 bears South 780 West 31 links and a Madrone 6 inches in diameter marked B.T.W.W. 1 bears North 51 1/20 East 15 links and running thence North 435. 60 feet to a stake marked W. W. 2 from which an iron oak 14 inches in diameter marked B.T.W.W. 2 bears North 11 1/40 East 61 1/2 links and black oak 4 inches in diameter marked B.T.W.W. 2 bears North 63 1/40 East 60 links; thence East 1000 feet to a stake marked W. W. 3 from which a black oak 6 inches in diameter marked B.T.W.W. 3 bears North 75 1/40 East 13 1/2 links and black oak 5 inches in diameter marked B.T.W.W. 3 bears South 30 West 12 links; thence South 435 . 60 feet to a stake marked W.W. 4 standing in the 1/4 section line running East and West through the center of Section 5 Township 8 South, Range 2 West and thence along said 1/4 Section line, West 1000 feet to the point of beginning. Containing approximately 10 . 00 acres and being a part of the South 1/2 of the Northwest 1/4 of Section 5, Township 8 South, Range 2 West . Courses True. Variation 16 1/20 East . APN/ARB: 503-04-001; 503-05-016 & 034 and 503-06-024 End of Legal Description Continued on next page q` I ASSIGNMENT OF LEASES AND SECURITY DEPOSITS This Assignment of Leases and Security Deposits ("Assignment") is entered into as of February 9, 2005 ("Agreement")between Peninsula Open Space Trust("POST"), a California non-profit public benefit corporation ("Assignor") and Midpeninsula Regional Open Space District("MROSD"), a California special district("Assignee"). Recitals A. Assignor and Assignee have entered into a License and Management Agreement dated February 9, 2005 in which Assignee has agreed to license and manage real property known as Stevens Canyon Ranch, located in an unincorporated area of the County of Santa Clara, State of California ("Property"), Assessor's Parcel Numbers 503-04-001, 503-05-016, 503-06-024, and 503-25-034, and more particularly described in Exhibit A of the Agreement. B. Assignor has previously entered the following two leases of the Property(collectively, "Leases"), copies of which are attached, hereto marked Exhibit B, and incorporated in this Assignment: 1. Lease Agreement between POST and Preston and Karen Kauk, dated December 21, 2004. 2. Caretaker Lease Agreement between POST and Bryant Westbrook, dated December 3, 2004. C. Assignor has accepted and retained security deposits (collectively"Security Deposits") from tenants under the Leases in the amounts set forth in attached Exhibit B and incorporated in this Assignment. D. Pursuant to the Agreement, Assignor has agreed to assign to Assignee all right,title, and interest in the Leases and the Security Deposits, and Assignee has agreed to assume all Assignor's obligations under the Leases. For good and valuable consideration received, Assignor and Assignee gn agree as follows: Section 1. Assignment Assignor assigns all right, title, interest,and obigations in the Leases and the Security Deposits to Assignee. Section 2. Notice to Tenants Following the execution of the Agreement, Assignor shall give notice to the tenants under the Leases that Assignee has entered into the Agreement to license and manage the Property and has been assigned the landlord's interest in the Leases. i Section 3. Assumptions Assignee assumes all the landlord's obligations, duties, responsibilities, and liabilities under the Leases. Section 4. Assignor's Covenants Assignor covenants to the best of its knowledge that the Leases are in full force and effect. Assignor further covenants to the best of its knowledge that there are no defaults under the Leases. Section 5. Indemnity Assignor agrees to indemnify Assignee for any loss, cost or expense, including attorney fees and court costs,relating to the Leases and accruing on of before the Effective Date of the Agreement. Assignee agrees to indemnify Assignor for any loss, cost, or expense, including attorney fees and court costs, relating to the Leases and accruing subsequent to the Effective Date of the Agreement. Section 6. Successors This Assignment shall be binding on and inure to the benefit of the parties to it, their heirs, executors, administrators, successors in interest, and assigns. Section 7. Severability If any term or provision of this Assignment shall be held invalid or unenforceable,the remainder of this Assignment shall not be af fected.d. Section 8. Waivers No waiver or breach of any covenant or provision shall be deemed a waiver of any other unless m writing and ex ecuted b the valid Y covenant or provision, and no waiver shall be $ waiving party. Section 9. Construction Headings are solely for the parties' convenience, and are not a part of this Assignment, and shall not be used to interpret this Assignment. The singular form shall include plural and vice versa. This Assignment shall not be construed as if it had been prepared by one of the parties,but rather as if both parties have prepared it. Unless otherwise indicated, all references to sections are to this Assignment. Assignment of Leases and Security Deposits Page 2 i Section 10. Counterparts This Assignment may be executed in one or more counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same instrument. Section 11. Amendment This Assignment may not be amended or altered except by a written instrument executed by Assignor and Assignee. Section 12. Further Assurances Whenever requested to do so by the other party, each party shall execute, acknowledge, and deliver any further conveyances, Assignments, confirmations, satisfactions, releases,powers of attorney, instruments of further assurance, approvals, consents, and any further instruments or documents that are necessary, expedient, or proper to complete any conveyances,transfers, or assignments contemplated by this Assignment. In addition, each party shall do any other acts and execute, acknowledge, and deliver any requested documents in order to carry out the intent and purpose of this Assignment. Section 13. Third-Party Rights Nothing in this Assignment, express or implied, is intended to confer upon any person, other than the parties and their respective successors and assigns, any rights or remedies. p P Section 14. Governing Law This Assignment shall be governed and construed in accordance with California law. /// HI Assignment of Leases and Security Deposits Page 3 POST AND DISTRICT,by their execution below, indicate their consent to the terms of this License and Management Agreement. For POST: PENINSULA OPEN SPACE TRUST, a California no-profit public benefit corporation By: Audrey C. Rust, President Date: For DISTRICT : MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVED AND ACCEPTED: By: L. CraigBritton General Manager g Date: APPROVED AS TO FORM: By: Susan M. Schectman, General Counsel ATTEST: By: Sally Theifoldt, District Clerk Date: i 4 Confidential Attorney Client Communication February 4, 2005 From: Sue Schectman, General Counsel To: President Hassett and Board Members Re: Feb. 9th Agenda Item: Threat of Litigation Award of Contract for Pulgas Ridge OSP Parking and Staging Area At your meeting of Feb. 9th, you will be considering an agenda item for the Board's reconsideration of the award of the contract for this project. Watershed Science,whose bid the Board rejected at your meeting of Dec. 15, 2004, has threatened to file a lawsuit challenging the rejection of its bid and the award of the contract to Casey Construction. Watershed Science has requested a further hearing on the matter and at my direction staff has agendized this matter. The purpose of this memo is to brief you on the legal issues and litigation exposure you will need to understand as you consider this item. We will also have a closed session prior to your regular meeting to discuss this item further. Please call me if you have any questions about this matter. You should also receive electronic copies of the staff report today. Summary: Watershed Science contends its bid was improperly rejected,citing defects in the bid protest process. Watershed Science has requested that it have the opportunity to protest the Board's decision to award the contract to Casey Construction. It was my recommendation that Watershed Science be given this opportunity. By doing so,the Board will have remedied any alleged procedural defects. It is my goal that,by providing this hearing,Watershed Science will be discouraged from filing a lawsuit against the District seeking to void the contract or enjoin the project from being completed. It is also my goal that, should Watershed Science file suit after being afforded all due process rights it claims, the only remedy left for it to seek would be restricted to reimbursement for the costs of preparing its unsuccessful bid. Staff believes this would be a modest amount ($1,000-$3,000). Background The District received a$157,000 Land and Water Conservation Fund Grant for the Pulgas Ridge Parking and Staging Area Project. The grant expires in June 2005 and all documentation that the project is complete must be filed by April 2005 to preserve the funding. N (Inside Front Cover) DEDICATION This 'Guide to Understanding Conservation Easements' is dedicated to Lois Crozier Hogle, who has worked over a lifetime for environmental causes. Now, by preserving the natural state of her land (Oak Meadow) with a conservation easement, Lois is providing a permanent legacy for future generations. In the words of her friend and fellow Co-founder of the Committee for Green Foothills, Wallace Stegner: . . . "to leave for our children and grandchildren a heritage that has not been dug up and paved over and, it's an ironic word, humanized." In June, 2004,you authorized staff to solicit bids for the demolition of three buildings and related hazardous waste abatement work and the construction of the parking and staging area. On Dec. 7,2004, staff opened bids. Seven bids were received. The apparent low bidder was Watershed Science. The apparent second low bidder was Casey Construction. All bidders were informed that the Board would be making the decision about awarding the contract at your meeting of Dec. 15, 2004. On Dec. 10, 2004, Casey Construction submitted a bid protest contending that Watershed Science's bid should be rejected as nonresponsive to the bid specifications. In particular, Casey Construction stated that Watershed Science had improperly failed to list required subcontractors. (Watershed Science's bid listed only one subcontractor for a gate installation). State law,Public Contracts Code Section 4104, requires bidders to list all subcontractors that will provide services in excess of one-half of one percent(1/2%). Based on Watershed Science's bid, that amount would be about$1,000. If subcontractors are not listed, the Code requires that the bidder be fully qualified to perform the work itself. Casey Construction contended that based upon the amount of hazardous materials abatement required to do the demolition work(abatement of a modest amount of asbestos and a significant amount of lead paint covering the exteriors of three buildings), it was not possible for Watershed Science to do the work for less than $1,000. Therefore, Watershed Science was required either to list a subcontractor,or be fully qualified to do the work itself. The Bid Protest Hearing The bid protest was received on Dec. 10th, after the agenda was posted for your meeting of Dec. 15, 2004. Watershed Science was notified of the protest that day and told that the Board would consider it at its Dec. 15ffi meeting. The bid protest and notice that the protest would be considered at your Dec. 15th meeting was faxed to all bidders on Monday, Dec. 13th. In the meantime,Doug Vu of your staff researched the matter and conferred with our consultants, LFR (Levine-Fricke). LFR reviewed the matter and concluded that the bid protest was valid. LFR's expert opinion was that, based upon the engineer's estimate ($24,000) for hazardous waste removal, and the scope of work to be done, the work could not be done for under$1,000. Therefore,LFR concluded that Watershed Science would have to be fully certified and licensed in order to do the work. Doug Vu had multiple telephone conversations with Steve Zembsch, the owner of Watershed Science. Mr. Zembsch explained by phone and in various letters that he proposed to do the work by doing various site preparation work with his own crew and himself,but would only need a certified hazardous material subcontractor to collect and remove the material. LFR's conclusion was that it was impermissible for Watershed s � a T (Front of Booklet) Town of Los Altos Hills ©pen Space Committee Large Picture of Hogle site (Caption under Picture) TITLE: A Guide to Understanding Conservation Easements Science to use its uncertified crews to perform any part of the abatement work for which a hazardous materials certification was required under federal and state OSHA laws. Based on this research, staff concluded that Casey Construction's bid protest was valid and that Watershed Science's bid was not responsive to the bid specifications and should be rejected. Upon proper rejection of a low bidder, the Board has the discretion to reject all bids and rebid, or to award to the second lowest bidder. On Dec. 15, your staff recommended you award the contract to Casey Construction,the second low bidder. The day of your hearing, Doug Vu told Mr. Zembsch that staff would be recommending that the bid protest be upheld. Doug told Mr. Zembsch it would be important to attend the hearing. You held the bid protest hearing, Casey Construction showed up to speak to the issue, and Watershed Science did not appear. You determined to uphold the bid protest, disqualify Watershed Science's bid, and awarded the contract to Casey Construction. A Notice to Proceed was issued on Jan. 24th. The contract was signed. The demolition part of the project has been completed. Staff is waiting for permits from the County to begin the staging area component of the project. After the Bid Protest Hearing After the protest hearing, Doug Vu received a voice mail message saying that Zembsch had been unable to attend due to childcare problems. Zembsch hired an attorney and since Dec. 15 has submitted several letters stating that the District violated his legal rights when it disqualified his bid. These letters will be attached to your staff report when it's sent out Friday. We have been informed that Mr. Zembsch has sued public agencies in the past and I take his threat of litigation seriously. The Legal Issues In summary, Watershed Science and its attorney have made three objections to the legality of the proceedings: L Watershed Science was not given an adequate opportunity to rebut the finding of nonresponsiveness due to the short timeframe in which the protest was heard. 2. The finding of nonresponsiveness was incorrect as the manner in which Watershed Science proposed to do the work was lawful and no substantial evidence supported the Board's finding of nonresponsiveness. 3. The Board improperly agendized the matter under the Brown Act, as there was no basis for the Board's decision that there was an immediate need to take action on the night of Dec. 15th. IPmlications . More development in rural areas than anticipated . Habitat and watershed areas experience more man-made uses . More service demands than anticipated 9/21/01 24 A nonresponsive bid is one that does not conform to the bid specifications and requirements for a project. The law requires that,prior to a bidder being found nonresponsive, the bidder is entitled to notice that the agency considers the bid nonresponsive and an opportunity to present materials to the agency rebutting that determination. In addition,there must be substantial evidence in the record before the agency that the bid is nonresponsive. Substantial evidence is defined as relevant information that a reasonable person would consider as adequate support for reaching a conclusion. It doesn't matter if there is conflicting evidence, so long as there is evidence supporting the Board's position. Due to the need to get this project started to protect both the grant and the project, staff felt it was very important that this matter be heard on Dec. 15 ffi. This did result in a shorter than normal timeline, and a court could be sympathetic to a bidder who claims too short a notice. We also have an apparently litigious bidder who is misstating some of the facts. We need to insure the accurate facts are in the record in the event of a suit. For example, in correspondence attached to the staff report,you will see that Zembsch stated that it was not until after your decision that he found out that staff was going to recommend upholding the bid protest. However, Doug Vu called him the day of the meeting and informed him of that fact. He also makes other statements that staff says are inaccurate. It is important to correct the record of the proceedings in the event a judge reviews it. It's also important to insure that all relevant evidence is in the record in the event of a suit. Lastly, it's important to have the record fully document why there was a need to take immediate action on the 15th. In this way,Zembsch cannot legitimately pursue a claim of violation of the Brown Act. In addition,the Brown Act permits an agency to "cure and correct"an alleged violation by re-noticing and rehearing a matter. By granting Zembsch's request for reconsideration, the District is in the best position to prevent any credible claim that it did not act properly when it added this matter to the agenda on the 15th Having addressed all three of the claimant's objections,I believe we will have satisfied any legitimate concerns raised by Watershed Science and have acted in a manner that minimizes the District's risk of litigation. Please call me if you have any questions about this matter. CC: Craig Britton,General Manager Institutions ♦ Criteria for rural development • Serve immediate rural population • Show traffic generated to not adversely impact neighborhood • Have adequate fire and emergency OV vehicle access • Rural - non/urban scale • Meet all other general plan goals • Located on marginal agricultural soils • Adequate water and sanitation • Adequate off-street parking and loading 9121/01 23 Jan iu ub 11 : :jba 01/14/2005 14:27 LAW OFFICES OF SCOTT kIUEL 4 155Dby1b4ks'� P 1 LAW QFMO of SCOTT N. KIVEL 17 KELLER STREET PETALUMA,CALIFORMA 449S2 (707)762-SS26 FACSIMILE(707)762.5527 January 14,2005 Craig Britton General Manager Midpminsula Regional Open Space District 330 Diswl Circle Los Altos,CA 94022-1404 Vi4 jacstmite 650491-0485 and U.S. Mail Dear Mr.Britton: This office represents'Watershed Science. From documents and correspondence we have reviewed,Watershed Science was the lowest responsible bidder and has been wrongfully disqualified from the Pulgas Ridge project. By letter dated December 22, 2004 Mr.Zembsch placed your agency on notice that Watershed Science is formally protesting the bid award. To date,nearly tow weeks later,my client has not received official,or even informal,notice of a scheduled bid protest hearing. Mr. Zembseh and his company must be afforded an opportunity to challenge the incorrect conclusions presented by your agency's consultant. It is in no party's interest to become involved,in litigation;however, the integrity of the public contract process is a principle upon which my client cannot compromise. If Mr.Zernbsch is not notified in writing by close of business Wednesday,January 19,2005 of a confirmed bid protest hearing date,he is prepared to take legal action to vitiate his right to the contract at issue. Very truly yours, LAW OFFICES OF SCOTT N.KNEL Scott N. K.ivel cc- Steve Zembscb 'WATERSHEID RECEIVED SCIENCE December 22, 2004 DEC 27 2004 Mr. Craig Britton, General Manager DiSTRIC REGION&OFEf-,� midpeninsula Regional Open Space District SPACE T Via fax- 650-691-0485 and Certified Mail 500 cameros Road Re: Formal Protest of Bid Award- Pulgas Ridge Staging Area Project Aromas,carifornia 95004 (831)726-1499 phone Dear Mr. Britton: (831)726-7049faX al protest to the rejection of the Watershed Science bid and www.watershedscience.com This letter is a form subsequent award to Casey Construction. Please provide us with MROSD formal protest procedures. The protest is based upon (partial list): 1. Contrary to MROSD staff and consuiiaifts 111nuling, a special ceft.1151-atlo-11 (hazardous substance removal) icoon and regulations for the size andpe of the asbestos removal (up to 100 sq ft as per B&P code Section 7058.5 and 7065.01- attached); 2. Contrary to MROSD staff and consultants' finding, a special certification (hazardous substance removal) is never required by Contractors' Licensing laws f a building with lead-based paint; and regulations for demolition o 3. Failure of the MROSD Boar .d its staff, and consultant(s) to properly , -_ correlate/interpret bids to bid documents and referenced codes/laws/statutes; time for WS to prepare a response to the protest 4. Failure to provide adequate filed by Casey Construction; 5. Failure to properly notify and/or provide WS copies of requested protest documents, protest procedures, MROSD Board meeting agenda; 6. Failure to provide documents supplied by WS to MROSD Executive d with sufficient time to properly and reasonably analyze and Director and Boar interpret the complex issues to enable an informed dt-;ision; 7. It has become clear that the WS bid was rejected solely because we do not posses a hazardous substance certification and did not list a subcontractor with such a certification on our bid form. MROSD staff, consultant(s) and/or board did not believe it possible to perform the asbestos and lead based paint removal work for less than 1/2 of 1% of our bid ($999- see attachments), Proper interpretation of existing laws and regulations reveals that such specialty certification is not required for the quantity of asbestos identified at this project, and CSLB licensing is never required for lead-based paint removal. MROSD staff and consultants simply misinterpreted existing rules and regulations r` pertaining to the certifications required and the certifying agencies for lead- based paint and asbestos removal. It is not my intention to delay the start of this contract or to place the MROSD at risk of losing funding for this laudable conversion to parkland. If this is a serious concern, I suggest that the urgency of the situation and the misinterpretation of the bid documents be conveyed to Casey Construction so they may withdraw their protest. A 1/2% margin between low and second bidder is rare in public works contracting and signifies a worthy and valuable bid. Simply put, we spent far too much time and effort properly researching, interpreting, and preparing our bid to just walk away from it. We are confident that a careful reading of the specifications and supporting laws and regulations will vindicate our position. We look forward to a speedy and just resolution. Steve Zembs ch Principal cc: Scott Kivel, WS Counsel via fax 707-762-5527 " WATRSIHID SCIENCE December 27, 2004 DEC 3 0 2004 Mr. Craig Britton, General Manager DISTRK7 Midpeninsula Regional Open Space District SPACE ' Via fax- 650-691-0485 and Certified Mail 5oo carnero5 Road Re: Follow-up to Formal Protest of Bid Award- Pulgas Ridge Staging Area Aromas,CaqOlia 95004 Project (831)726-1499 phone (831)726-7049fax Dear Mr. Britton: www.watershedscience.com low-up to the formal protest letter dated 12/22/04. Watershed This letter is a fol responsible bidder and all statutory and legal Science (WS) is the lowest resp .yard I to Casey Construction is therefore requircments haNye beer Met 3w,- i illegal. I do not wish to proceed with litigation but I must protect my rights and the principles of public contracting integrity must be upheld. I hope that you can resolve this matter without proceeding toward litigation. Further details will be presented in writina an- dior at the bid protest hearing. ;n I arn still awaiting your agency s bid protest procedures. ,Sir,cerely' -Qk4 Steve Zembsch Principal cc: Scott Kivel, WS Counsel, via fax 707-762-5527 JAN, 10. 2005 11:05AM JORGENSON, _SIEGEL N0. 276 P,1 JORGENSON, SIEGEL, MCCLURE & FLEGEL, LLP ATTORNEYS AT LAW JOHN D.JORGENSON 1100 ALMA STREET,SUITE 210 MARVIN S.SIEGEL M6NLO PARK, CALIFORNIA 94028-3392 WILLIAM L MOCLURE (650)344-*300 JOHN R.COSGROVE '... JONN L.FLEOEL FACSIMILC (4$0)324-0227 (pEriRED) MARGARET A.SLOAN www.lorM..COM '. DAN K.01EOEL DIANE a.OREENOERO 1 JENNIFER K FRO9914AN MINDIE S.ROMANOWSKY CAMAS J.STEINMETZ ELLEN v PARK January 10, 2005 Sue Schectman SENT VIA F'AX 650/§, 1-0485 Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Re: Pulgas Ridge Staging Area Project- Casey Construction Dear Sue: I This letter will serve to follow up on my telephone message which I left for you earlier today. As I indicated in my telephone message, I do not believe the District can withdraw its approval of the award of the contract on this project to Casey Construction,now that the contract has been awarded and my client has expended funds in furtherance of the work. At this point,my client has obtained and,submitted the required insurance and bonds,has paid the permit application fees to the County and has paid the fees required for the Bay Area Air Quality Control District for the asbestos removal. In addition, he has submitted all the other submittal requirements as requested by the District, With respect to the original bid protest regarding the Watershed Science bid, after reviewing the WS bid in more detail, we have noted that there were other items that were not detailed in the bid as required b the Public Contract q Cade— Y s c�pe call , the failed to list a surveyor for the required survey Y eq work necessaryto dorm the work and the f Pe y ailed to list Restroom Facilities Ltd., as a subcontractor for the work to be performed b it in connection with the site work to place the fabricated restroom facility. p y Pursuant to the Supplemental Conditions for the Project, Item (q) on page 5, the contractor is responsible for staking the work sites.Condition 18 requires the contractor to comply with the County permit conditions for all grading—which according to County requirements would require a licensed surveyor. Further, Condition 29 requires the contractor to furnish the surveyor. Casey's surveyor estimated in excess of $2500 to perform the survey work, which is about 1.5% of the total contract amount. It is not likely that WS could meet these requirements at less than 0.5% as required by the Public Contract Code,and there is no evidence that WS is a licensed surveyor qualified to do that work. I W10ATACientstc► MyW6&SChS.M,wpe I I I JAN. 10. 2005 11 :05AM JORGENSON, _SIEGEL NO. 277b P 2 Douglas Vu January 10, 2005- Page 2 Regarding the site work for the placement of the fabricated restroorn facilities, Casey has been advised that Restroom Facilities Ltd., performs a portion of the site work as part of their bid and will not allow others to perform the work or the warranty is.void. It is my understanding that Restroom Facilities Ltd., holds a California contractor's license so that they can perform that work. WS failed to fist Restroom Facilities Ltd., as a subcontractor in its bid submittal. The cost of the work performed by them exceeds 0.5% of the contract amount. Since the District awarded the contract to Casey Construction,Casey Construction has turned away other work and has not bid on one other public works project due to the fact that Casey Construction agreed to complete this Project in an expedited manner(8 weeks). Casey will be damaged if the District attempts to withdraw its award of the contract—something that I do not believe the District has the legal authority to do anyway. Thus, there appears to be ample grounds for the District's determination that the Watershed Science bid was non-responsive—not just those articulated in their objection to the award of the contract to Casey Construction.Any objection to the award of the contract should be dismissedCgnored and the Project should move forward to get the work done and to preserve the District's funding for this project. If you should have any questions or would like to discuss this further, please feel free to contact me. Sincemly. yam cClure cc: Client N'0ATA%CAeaW4%Cft*VWsc%8cft&1a wpd Regional Open Sl -e --------------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION January 18, 2005 VIA FACSIMILE AND U.S.MAIL Mr. Scott Kivel 17 Keller Street Petaluma, CA 94952 Mr. Steve Zembsch Watershed Science 500 Cameros Road Aromas, CA 95004 Subject: Response to Protest of Bid Award by Watershed Science—Pulgas Staging Area Proj ect Dear Mr. Kivel and Mr. Zembsch; This letter is in response to the correspondence submitted to the District by Watershed Science and Mr.Kivel's office concerning the award of the contract for the Pulgas Staging Area Project. We thoroughly reviewed of this correspondence, the project documents, all documents submitted pertinent to the bidding process, and review of applicable law. It is clear that the District properly determined that Watershed Science's bid was nonresponsive to the bid specifications and was properly rejected by the District's Board of Directors at the bid protest hearing held on December 15, 2004. No further bid protest hearing is required by law. In awarding bids for public works contracts,the District is obligated to follow the law and not make exceptions for one bidder over others. Casey Construction submitted a bid protest, stating, among other things, that Watershed Science's bid was nonresponsive in failing to comply with the bid specifications and in failing to comply with statutory subcontracting law. The District cannot act in a manner that would violate competitive bidding laws,nor confer any economic advantage upon one bidder in selecting the lowest responsive bidder. Since it is clear that Watershed Science's bid was nonresponsive to material terms of the bid documents and was not in compliance with state subcontracting laws,the District acted properly in both procedure and substance in rejecting the bid. In doing so,the District afforded Watershed Science all the process it was due under the law; in fact,the District exceeded legal requirements in doing so. The District has worked successfully and cooperatively with Water Science on other District projects and hopes to do so in the future. We regret that on this project Watershed Science did not submit a responsive bid. We look forward to the opportunity to do business with Watershed Science in the future,consistent with the principals of competitive bidding law. However, in this matter,it would be improper for the District to disregard the material defects in the Watershed bid. For your information,this letter will respond to the principle issues raised by Watershed Science and Mr.Kivel's office regarding the bid award. g g Watershed Science has requested a bid protest hearing to present relevant materials to the District. That bearing has already been held by the District's Board of Directors on December 15, 33o Distel Circle 650-691-1200 info@openspace.org BOARD OFDlRECTORS:PeteSiemens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-69t-0485 fax www.openspace.org Deane Little,Nanette Hanko,Larry Hassett,Kenneth C.Nitz L Craig Britton Mssrs.Kivel&Zembsch January 18,2005 Page 2 of 4 2004. Watershed Science received verbal and written notice of the bid protest hearing and an opportunity to submit any materials that it deemed pertinent,both prior to and at the hearing. Watershed Science did submit written material,which was included in the bid protest record resented to the Board. However Watershed Science failed to appear at the hearing P Pp g and has waived any objection it may have had to the proceedings. In providing Watershed Science an opportunity for a hearing,the District exceeded its legal obligations. A bidder determined to be nonresponsive is not entitled to a bid protest hearing at all, simply the opportunity to submit relevant material and notice that the agency considers the bid nonresponsive in a manner determined by the agency. Taylor Bus Service v. San Diego Board of Education(1987) 195 Cal app.3d 1331. The District provided Watershed Science the required notice and opportunity to submit pertinent material, and even provided a hearing to submit further material should Watershed Science have elected to do so. Watershed Science failed to appear. The protestor, Casey Construction, did appear, and addressed the Board. Having met its legal obligations to both Watershed Science and Casey Construction,the bid protestor, the District has made a proper determination to reject the Watershed Science bid and has awarded the contract to Casey Construction,the second lowest bidder and is proceeding with the project. Watershed Science is not legally entitled to any further bid protest procedures or hearings. If Watershed Science had wanted to present further material to the District, it could have done so. The District need not consider the materials received in Watershed Science's December 22 letter. However, to assist Watershed Science in submitting responsive bids in the future,this letter will address the principle issues raised by Watershed Science in that letter by item. Item 1. Requirements established by Contractors Licensing Laws were not the basis for rejection of the Watershed Science bid. Section 11I,Article 22 (d)of the Bid Package states that the Contractor is required to remove any hazardous or toxic substances following requirements established by the Occupational Safety and Health Administration(OSHA),29 Code of Federal Regulations 1910.120, and adhere to the Waste Removal Plan for the necessary removal of hazardous or toxic substances. In addition,during the pre-bid meeting on November 19,2004, it was verbally restated that the contractors performing asbestos and lead abatement activities are required to have proper certification and training meeting OSHA requirements. Title 29,CFR Section 1910.120(e)outlines the training and certification requirements that the Contractor is required to follow as set out in the District's bid package. In addition, California Code of Regulations, Title 8, Section 1529(Cal OSHA Regulations) outlines asbestos-related work covered by the requirements of this Section and the required training. Note 2 under General Demolition and Abatement Notes on Site Demolition Plan(Sheet 3 of Construction Drawings) states that the Contractor shall remove and dispose of the conduit with asbestos in conformity with all applicable regulations(Applicable requirements and regulations are detailed in Note 1). It is uncontroverted that Watershed Science does not have the required OSHA training or certification to perform the asbestos and lead abatement work which is a critical component of this project. Watershed Science has conceded this both verbally and in writing. Item 2. Section III,Article 22(d)of the Bid Package states that the Contractor is required to remove any hazardous or toxic substances following requirements established by the Occupational Safety and Health Administration(OSHA),29 Code of Federal Regulations Mssrs.Kivel&Zembsch January 18,2005 Page 3 of 4 1910.120, and adhere to the Waste Removal Plan for the necessary removal of hazardous or toxic substances. In addition, during the pre-bid meeting on November 19,2004, it was verbally restated that the contractors performing lead abatement activities are required to have proper certification and training meeting OSHA requirements. Title 29, CFR Section 1910.120(e) outlines the training and certification requirements that the Contractor is required to follow as set out in the District's bid package. In addition, California Code of Regulations, Title 8, Section 1532.1 (Lead in Construction Standards Cal OSHA Regulations)outlines lead-related work covered by the requirements of this Section and the required training. Note I under General Demolition and Abatement Notes on Site Demolition Plan(Sheet 3 of Construction Drawings) states that the Contractor shall perform lead abatement on all three buildings according to the Lead in Construction Standard Cal OSHA Regulations, Title 17 of the California Code of Regulations, San Mateo County Standards, and any other applicable requirements and regulations. It is uncontroverted that Watershed Science lacks the OSHA required training to do this work. Item 3. As stated in the responses to Items 1 and 2 above,the codes and regulations that were referenced in the Bid Package with respect to lead and asbestos abatement work were related to OSHA law. Therefore the District's evaluation of Watershed Science's bid was properly based on the requirements established by Federal and State laws. Item 4. Doug Vu, District Planner,had multiple telephone conversations with Steve Zembsch of Watershed Science, including calls on December 9, 10, 13 and 15, 2004 to discuss the issue of the nonresponsiveness of Watershed Science's bid proposal and the formal bid protest to be submitted by Casey Construction. Mr.Vu informed Watershed Science on December 9, 2004 that Casey Construction had informed Mr.Vu that it would be filing a formal bid protest on the issue of nonresponsiveness due to noncompliance with state subcontracting law. Mr.Vu also informed Mr. Zembsch that should a bid protest be filed as stated, a bid protest hearing would be e t these telephone e conversations Watershed Science 2004. As a response o held on December 15, p p , submitted letters on.December 9, 10, 13 and 14,2004 to address the concerns stated by Casey Construction and the District. n December 13 2004 a Notic e of Formal Bid Protest was faxed to eve contractor that O 1S' submitted a bid proposal. In this Notice, it was advised that any firm that submitted a bid would have an opportunity to address the Board of Directors at their December 15, 2004 meeting. On December 13, Mr.Vu telephoned Mr.Zembsch again and explained the issues and the procedures the District would follow at its bid protest hearing. Furthermore,Doug Vu spoke to Steve Zembsch of Watershed Science on the afternoon of December 15, 2004 to remind him to attend the meeting that evening. Watershed Science was provided with copies of every document relevant to this matter as the District received them. Item 5. A Notice of Formal Bid Protest was faxed to every Contractor that submitted a bid proposal, including Watershed Science and Casey Construction. In this notice, it was advised that any firm that submitted a bid would have an opportunity to address the Board of Directors at their December 15,2004 meeting. Copies of the revised staff reports (R-04-119A and R-04- 119B, dated December 15,2004)were faxed to Watershed Science and Casey Construction on December 15, 2004. Doug Vu also spoke to Steve Zembsch on the day of the Board meeting, stressing the importance of his presence to address the Board of Directors since staff would be recommending that the Board award the contract to Casey Construction. Representatives from Mssrs.Kivel&Zembsch January 18,2005 Page 4 of 4 Casey Construction attended the meeting and addressed the Board. However, Watershed Science was not present at the meeting. i Item 6. Among other things,every document submitted by Watershed Science in response to Casey Construction's bid protest and District staff request for additional information, every document submitted by Casey Construction, as well as the recommendations of the District's consultant(LFR), were provided to the Board of Directors for their review. In addition,copies of the bid proposals submitted by Watershed Science and Casey Construction were also provided to the Board. In addition,the District's professional staff attended the meeting to provide information to the Board on the pertinent matters. Watershed Science did not attend the hearing and did not request that the hearing be continued to another date Item 7. The bid proposal from Watershed Science does not list a qualified subcontractor to perform hazardous material abatement work as required under OSHA. Based on the engineering estimate and the level of effort expected to be implemented by OSHA trained personnel,the asbestos and lead abatement work required for this project can not be performed for an amount less that '/2 of I%of total bid. Thus a qualified sub contractor must be listed on the bid proposal unless Watershed Science is qualified to do the work itself. Since Watershed Science admits it lacks certification and training to do this work, it is not legally qualified to do the work itself. Thus,acceptance of the Watershed Science bid would have violated Section 4106 of the Public Contract Code. For your further information,I have also included copies of correspondence from Casey Construction's legal counsel that I received at the bid protest hearing and on January 10, 2005. If you or your client have any further questions about this matter, please contact me at(650) 691- 1200. It is the District's genuine hope that this matter will enable Watershed Science to obtain the required certification to continue to bid on and participate in future District public works projects. Very truly yours, Susan M. Schectman General Counsel I cc: L. Craig Britton, General Manager I Douglas Vu,District Planner William McClure,Jorgensen, Siegel,McClure&Flegal, LLC Attachments: Correspondence from Casey Construction dated December 15, 2004 and January 10, 2005 I I I LAW OFFICES OF SCOTT N. KIVEL 17 KELLER STREET PETALUMA,CALIFORNIA 94952 (707)762-5526 FACSIMILE(707)762-5527 January 27, 2005 Susan M. Schectman General Counsel Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Via facsimile 650-691-0485 and U.S. Mail Re: Pulgas Ridge Bid Award Dear Ms. Schectman: While I appreciate your thorough response dated January 18, 2005, our views differ in several significant respects. Unfortunately it appears that your organization allowed legal counsel for a competitor to undermine the public contracting process, although the record demonstrates that Watershed Science had been deemed the lowest responsible bidder. It is indeed ironic that Attorney McClure's December 15, 2004 written threat to "file an action to challenge the award of the bid to Watershed Science for violation of the Public Contract Code"may have in fact caused your Board to commit a violation. The Public Contract Code, and controlling case law, are replete with authority weighing in favor of awarding public works contracts to the lowest responsible bidder. My client seeks to vindicate his rights, and the public's rights, to a public contracting process where integrity trumps unsubstantiated charges that cause a public entity's staff to erroneously and under pressure from a competitor, reverse its bid recommendation.' ' Attorney McClure's January 10, 2005 letter is interesting in that he argues that his client has expended funds, obtained insurance, etc. in furtherance of the bid award, thereby implying that even if Casey Construction should not have been awarded the bid, it is too late to response at this time is that at a minimum Science. M only s vindicate the rights of Watershedy y p anY expense incurred by Casey tru tion after our office notified it of Watershed Science's Construction Y formal bid protest should be its responsibility; surely Attorney McClure is not trying to argue that an illegal bid award should be allowed to proceed simply because some initial activity has commenced. To the extent that he identifies new"rationales" for rejecting Watershed Science's bid, it is only those grounds known and relied upon by your Board in finding my client nonresponsive that are relevant. Certainly your agency finds itself between two competitors,both threatening legal action. However,your Board's sole responsibility is to ensure compliance with the Public Contract i i i Letter to S. Schectman January 27, 2005 Page Two Although the following is not a comprehensive rebuttal to the finding of nonresponsiveness which my client would offer at a formal protest hearing, in an attempt to obtain a hearing forum I will briefly proceed to address the main points raised in your letter. My intent is also in part to allow your agency an opportunity to demonstrate to the wider public its respect for the law.' 1. A bid protest hearing was held on December 15, 2004. Midpeninsula Regional Open Space District(hereinafter"MROSD") staff had recommended that the Pulgas Ridge contract be awarded to Watershed Science. See e.g. Agenda Item I 1 for December 15, 2004: "Having reviewed the bidders' qualifications and the Bid Proposal, staff recommends awarding the contract to Watershed Science, the lowest responsive and responsible bidder." it 2:16 .m. on the day of the"revised" agenda's protest hearing that your agency It was not until y P report adverse re prepared b our consultant. It was not until 6:05 p.m. on the faxed my client the p p p Y Y � evening of this "protest hearing" that your agency faxed an Agenda Item I IA consisting of(1) a now finding Watershed Science nonresponsive and(2)citation to an revised staff report g P "emergency" exception to the Brown Act's notice and agenda requirements. I doubt that a court (or the general public)would view the above as procedural due process, even under the limited standard for an allegedly"nonresponsive"bidder. It is irrelevant whether Casey Construction was allowed its bid protest. The fact remains that Watershed Science has not had an opportunity to present its rebuttal evidence, given the circumscribed time line noted above. Therefore, to the extent that Watershed Science's December 22, 2004 protest was filed prior to execution of any contract with Casey Construction, it is timely and a bid protest hearing should be calendared to allow Watershed Science to provide additional evidence to rebut the misleading and erroneous statements by Casey Construction; Watershed Science should also have the opportunity to educate the District's consultant,who, I note, never contacted Mr. Zembsch to establish and evaluate his company's techniques for I Code, and not succumb to intimidation from any source. Finally, I would appreciate your faxing this office the bid protest procedures which have been adopted by your agency for disputes such as this project. I ' It appears that your agency's consultant and staff may not be sufficiently familiar with state contractor license requirements,which enable Watershed Science to handle the volume of asbestos involved and which does not require a specialized license for lead-based paint removal. Letter to S. Schectman January 27, 2005 Page Three performing the asbestos and lead abatement work.' 2. Watershed Science failed to appear and waived any objection. The first comm unication o an a h'P rt our conclusion. f Y The chronology above does not support yf that was provided to my client placing him on notice that the staff had reversed its recommendation occurred in the 6:05 p.m. December 15`h fax by Mr. Vu. This communication is memorialized in the"revised" staff reports (R-04-119A and R-04-119B, dated December 15, 2004). Unless you can support the validity of an exception to the Brown Act's notice and agenda requirements,the Board had no right to award the contract to Casey Construction as the formal protest hearing was not timely noticed. At most it could vote to reject Watershed Science's bid.4 3. It is "uncontroverted" that Watershed Science does not have the required OSHA training or certification. Your letter states that Section III, Article 22(d) of the Bid Package, and during the pre-bid meeting on November 19, 2004, that the specified proper certification was required. Your letter further states that it is "uncontroverted"that Watershed Science does not have the required OSA training or certification, and that it has conceded this both verbally and in writing. i Several points are relevant: First, if this were the case, on what basis did your staff recommend Watershed Science as the lowest responsible bidder? Second, what is your authority for stating that my client had conceded the above,both verbally and in writing? Third, I note that i Watershed Science employs individuals with the proper certification, certifications which were never requested and which will be provided at the bid protest hearing when calendared. On what basis did you reach this erroneous conclusion? It seems odd that my client is deemed "nonresponsive" for purportedly lacking certification which was never requested to be produced. Why was Watershed Science never asked to produce the attached certificates? Do you possess ' If you provide evidence that the contract was executed prior to December 22, 2004, 1 y mandamus. recourse writ of or dinary acknowledge that my client's recours ary a Indeed, in our view this is a prima facie violation of the Brown Act, as any award to b Casey Construction was not properly agendized as required y Gove rnment Code Sec. 54954.2(a). According to the documents in our possession, it was only the bid award to Watershed Science which was timely agendized, not a bid award to Casey Construction. Given « i contemplating m client s the artificial emergency' exception stated in the revised agenda, y p g well-settled law. See e. . No action. Sec. 54954.2 a filing an action under, inter aha,this wel g ( ) ...shall be undertaken on any item not appearing on the posted agenda..." As General Counsel, I am sure that you are aware of the Brown Act requirements, and the result if a violation is found by a court of competent jurisdiction. ..... ...... i i Letter to S. Schectman i January 27, 2005 Page Four I any documentation memorializing a request to my client for this certification? Does your January 18 letter in effect repudiate the initial December 15, 2004 recommendation by Mr. Vu to your Board? i Further, I note that your consultant also appears unfamiliar with, or did not consider, state contractor licensing laws when informing your agency that Watershed Science did not comply with the bid's certification and training requirements. I 4. Reliance on Taylor Bus Service is misplaced. Your letter cites to Taylor Bus Service v. San Diego Board of Education (1987) 195 Cal. App.3d 1331, 241 Cal.Rptr. 379 for the proposition that a nonresponsive bidder is not entitled to a bid protest hearing, only the opportunity to submit relevant material and notice that the agency considers the bid nonresponsive. Although your citation is correct, it is critical to also note that a finding of nonresponsiveness must be supported by substantial evidence. Boydston v. Napa Sanitation District(1990) 222 Cal.App.3d 1362, 1369, 272 Ca1.Rptr. 458. To the extent that Watershed Science was given an opportunity to rebut adverse evidence, (1) the Boards findings were not based on substantial evidence and(2) Taylor does not speak to the issue of Watershed Science's right to formally protest the award to Casey Construction. Finally, the above time line not given sufficient time to offer a rebuttal manifestly demonstrates that Watershed Science was o g ff ff to the consultant's "report" and the"revised" staff recommendation. 5. Watershed Sciences bid proposal does not list a qualified subcontractor to perform b hazardous material abatement work as required y OSHA. Your letter states that since Watershed Science"admits" it lacks certification and training to perform hazardous material abatement work, it is not legally qualified and a qualified subcontractor could not perform said work for less that %2 of the 1%of the total bid. I However, this argument is specious given that, as explained above, Watershed Science is qualified to perform the hazardous material abatement work and had repeatedly informed your staff that no subcontractor identification was necessary under the scope of work as contemplated by Watershed Science, a scope of work, I might add, that was documented in extensive references provided to your agency. i Even under the most minimal standards of fairness Watershed Science should have been allowed to rebut the consultant's erroneous conclusions, and the revised staff recommendation upon which it relied. Under what standard of fairness are ninety minutes, or a few hours notice deemed sufficient,particularly where your staff had continually represented to Mr. Zembsch that it was recommending Watershed Science as the lowest responsible bidder, reversal of which was not communicated to him until some ninety minutes before the Board meeting was to commence. I i Letter to S. Schectman January 27, 2005 Page Five In light of the above summary of points which Watershed Science could, and would proffer at a properly noticed bid protest hearing, I reiterate our demand that your agency calendar a formal bid protest hearing on the bid awarded to Casey Construction. Please advise by close of business Monday, January 31, 2005 as to whether a hearing will be calendared. In the alternative, my client would consider a reasonable settlement offer so as to avoid prolonged litigation for all parties. Very truly yours, LAW OFFICES OF SCOTT N. KNEL Scott N. Kivel cc: Steve Zembsch I I I i 01/30/2005 15:24 8317267049 WATERSHED SCIENCE Al PAUL WATE MS`HED► SCIENCE January 30,2005 Mr.Craig Britton,General Manager �- Ms. Susan Schectman,General Counsel Midpeninsula Regional Open Space District V' and Certified 500Carneras�pod la fax-650-6�1-04$5 fi Mail Ammo,Ca!fomis 35004 (MI)726-1499 phone Re: Your Fax of 1/18/05 1831)72,6-7049fx rnwru waterohedscienee.ewn Dear Air. Britton and Ms. Scheetman: you for our comprehensive letter of 1/18/05. Unfortunately,it failed to Thank Y Y P Y• address the basic issues at the heart of this matter. I do not need the Hazardous Materials rating on my general engineering license to bid on and perform less than 100 square feet of asbestos removal(your project has 1 square foot or less) and this type of rating is nrye required to perform work involving lead-based paint,regardless of its volume. Therefore,my bid is perfectly legal. I am familiar with protest procedures for many governmental agencies and they are very similar. All would consider my protest timely. Please note that through the close of business on the day of the 12/15 meeting,I was led to believe through faxes,agenda items, and phone calls that Doug Vu supported the award of the contract to Watershed Science. It was not until Thursday, 12116 I learned otherwise(note time of 6:07 PM on the 12/15 fax)and by then,of course,the meeting had been held and our bid had been wrongfully rejected. Where may I find your agency's Administrative Manual,particularly the section on contracting and protest procedures? Please provide me with, or direct me to your written policy on bid protests. Thank you, Steve Zembsch cc: Scott Kivel, via fax I I I i 1 Regional Open Sl. -e MIDPENIN)�Mg L RPEN SPACE DISTRICT February 2, 2005 CELEBRATIN PACE PRESERVATION Mr. Scott Kivel 17 Keller Street Petaluma, CA 94952 Mr. Steve Zembsch Watershed Science 500 Cameros Road Aromas, CA 95004 Re: Pulgas Ridge Project Bid Award Dear Mr. Kivel: This letter is in response to correspondence from you dated Jan. 27, 2005 and Mr. Zembsch dated Jan. 30 2005 concerningthe bid award for this project. p J As I stated in my letter of January 18th, the District properly determined that Watershed Science's bid was nonresponsive. The bid was properly rejected by the Board of Directors and the contract properly awarded to Casey Construction at the Board's meeting of Dec. 15, 2005. In doing this, the Board followed all applicable law, including public contracting statutes and the Brown Act. While I disagree with the facts and the law as you and Mr. Zembsch have set them out in your correspondence, staff is willing to agendize this matter again so that there will be another opportunity for Mr. Zembsch to address these matters and to submit any materials he believes relevant to the Board. We plan to agendize this matter for Feb. 9, 2005, which is the Board's next meeting. The meeting begins at 7:30 p.m. All bidders will be notified of the matter and have the same opportunity to present material. In granting your client's request to submit additional material, the District is exceeding its legal obligations in order to satisfy your client's request. The District is making an extra effort to be responsive to Mr. Zembsch's concerns. However, this action shouldn't be construed as the District's agreement with the law or facts as you've set them out in your correspondence. Further, I see nothing in the facts or law presented thus far that would change staff s recommendation. I therefore anticipate that staffs recommendation on February 91h will remain the same, i.e., that Watershed Science's bid was nonresponsive and was properly rejected, and that the contract was properly awarded to Casey Construction. If you have any materials that you believe are pertinent to this matter, please submit them to me no later than Monday, Feb. 7ch by noon. Lastly,with regard to one issue you raised, your letter of Jan. 27th states, "Why was Watershed Science never asked to produce the attached certificates?"You did not attach any certificates to 33o Distel Circle 650-691-1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,led Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz L.Craig Britton Mssrs. Scott Kivel and Ste- ,embsch February 2, 2005 Page 2 your letter. Mr. Zembsch stated to Mr. Vu that he did not possess valid OSHA certificates. If Mr. Zembsch now contends that he holds the required OSHA certificates to abate the hazardous materials in question valid as of bid opening on Dec. 7, 2005, please fax me the valid certificates issued to Mr. Zembsch by Thursday, February 3rd at noon. I will forward the staff report and agenda as soon as it is available. I anticipate this will be by Friday. Please let me know if you have any questions regarding this matter. Very truly yours, �I Susan Schectman General Counsel Cc: William McClure, Jorgenson, Siegel, McClure &Flegle Mel Casey, Casey Construction 011 L F R LEVINE•FRICKE Date: February 4, 2005 INTEROFFICE MEMORANDUM To: Douglas Vu, Planner From: Sangeeta Goyal, Senior Associate Engineer, LFR Subject: Bid Protest - Pulgas Ridge Staging Area Project I have over 15 years of experience in environmental consulting. I specialize in developing strategies for my clients on issues regarding the appropriate levels of management and field implementation for complex soil and groundwater contamination issues. This includes oversight of both large and small remedial investigations under both Comprehensive Environmental Response, Compensation and Liability Act(CERCLA) and Resource Conservation and Recovery Act(RCRA), feasibility studies, site closures, and multiple party allocation projects. My expertise is in soil and groundwater remediation, remedial system design and construction, operation and maintenance of groundwater treatment systems, implementation of hazardous materials and waste management procedures, coordination of waste disposal at landfill facilities and site characterization. My strength lies in interaction and coordination with multidisciplinary design teams, regulatory agencies, clients and subcontractors. I have provided oversight and management on many projects covering all phases of work including planning, budgeting, multidisciplinary resource management, and project execution. My work routinely involves significant coordination and negotiation with clients, potentially responsible parties (PRPs) legal counsel, and regulatory officials to achieve a cost-efficient solution . LFR's engineering estimate of$24,000 for the asbestos and lead abatement component of the Pulgas Ridge Staging Area project was based on a unit cost obtained from an experienced and qualified contractor. Abatement work for asbestos includes all activities related to setting up isolation chambers,removal of the material, bagging and handling of the bagged material for offsite disposal. Abatement of lead includes either applying a method for removing loose or peeling paint from the surface (scraping or pressure washing)or removing the surface itself if the loose paint cannot be removed. The removed material is required to be collected,bagged and then sent offsite for disposal. Based on our professional judgment, given the scope of work for this project, we anticipate that 80 to 100 hours would be necessary to complete the lead and asbestos abatement. All of these tasks are to be performed under OSHA requirements as stated in the Bid Package and the Waste Removal Plan. Title 29, CFR Section 1910.120(e) outlines the training and certification requirements that the Contractor is required to follow pursuant to the District's Bid Package. California Code of Regulations, Title 8, Section 1529 (Cal OSHA Regulations)outlines asbestos- related work covered by the requirements of this Section and the required training. In addition, California Code of Regulations, Title 8, Section 1532.1 (Lead in Construction Standards Cal OSHA Regulations)outlines lead-related work covered by the requirements of this Section and the required training. Bid Protest- Pulgas Ridge S. ig Area Project WS could not have performed activities related to the abatement work without meeting OSHA requirements. Also, WS could not have completed this work by hiring a subcontractor for an amount Less than $1,000, even if the task was split between two subcontractors. Lead based paint was found in all three buildings. In our professional judgment, it would not be possible to remove all peeling paint from all the three buildings, collect the removed material, bag the material, and handle offsite disposal in an amount less than $1,000. The labor cost alone to complete these tasks for less than $1,000 cannot be justified under any reasonable set of circumstances. Please call if you have any questions or need further clarification. PR BidProtest Feb.4 SG draft meni :MR-G 2 L Kerry Cunningham addendum to letter written for Board of Directors of Midpeninsula Open Space District re: some additional concerns regarding Stevens Canyon Ranch Property, but perhaps not all, please keep in mind the short notice given to us to prepare our thoughts on this issue Page ONE: item: "I. Determine that the recommended actions are categorically exempt from the CEQA as set out in this report" Q: we do not know this Environmental Act inside and out and would like to gather much more information from the staff, and would like the chance to verify any finding etc with an independent person or agency before such conclusions or "exemptions" shall be considered valid. item: would like to know exactly the nature of and extent of danger there is in authorizing the General Manager to sign or approve "minor revisions to this agreement which do not substantially change any material term of the Agreements" . . .we want to understand the exact parameters of this statement, and get it in writing item: " 3 . Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report. " Q: what is the time frame for "tentatively" , is there a begin and end date, and what are they? item: under description of the property, it says "see attached map" , we never saw and wish to see a comprehensive map of all the properties mentioned in the last two paragraphs of page one and obtain one if at all possible, Q: how many parks or preserves are around our neighborhood, and would like to know precisely where all the property entrance points are item: "fourth entry point provides access to a large family picnic area next to a tributary to Stevens Creek. The fifth is on the north side of Stevens Canyon Road and provides access to a private life estate within Stevens Creek County park; it includes a brige that crosses Stevens Creek" Q: would like clarification on the life estate, what the details are of this arrangement, and does the bridge go with the parcel just purchased, if so which one, and what are the circumstances of Richard Popisil ' s rights to it, what is intended for it by the County after it passes to them Page TWO: item: paragraphs I and 2 mention the wildlife in this neighborhood, Q: why is no one mentioning the ANIMALS that deserve to be protected from the stress put upon them by the mere presence of people? Do they not deserve to be protected from the Humans that invade their space? There have been two mountain lion killings in the bay area in the last year, are they going to kill the mountain lion, seen 3 times in the last two years right here on our property--and no doubt the Stevens Canyon Ranch is part of its territory--what efforts would go to notifying the public or the tenants of its presence and how to deal humanely with it--i.e. NOT shooting it ? item: endangered California Tiger Salamander here. " Q: I can confirm that I have seen two Endangered California Salamanders right at the bottom of our driveway area, they are here, how can that not be an issue? I would like staff information and outside information on this issue. item: paragraph 4 "Well maintained ranch roads form a ready-made trail system on the property, with two main hiking trails. One. . . " Q: where are these exactly, I would like to be shown maps, and to walk the areas mentioned in this fourth paragraph. Q: In regards to CEQA issues, this road and trail system is manmade and is not a "natural state" , nor is the house, caretakers cabin, swimming pool, or all the other structures mentioned in regards to this property, I want to know about the CEQA items and all relevant sections, codes, etc. that relate to this property as mentioned throughout this Agenda Item 4, like on the first third and fourth pages. I should hope all Board Members also fully understand CEQA, and its relevance to this proposed License and Management Agreement, as even though this is not a final transfer from POST to MROSD, it seems to be laying the groundwork for future use of this property. item: paragraph 5 Q: need more information like above, especially as mention is made of the "northwestern boundary of the Stevens Canyon Ranch Property" is right where our property is located, I need help in accessing maps of the areas mentioned here, as it is very hard to mentally envision all that is being discussed, and need help in assimilating all the plans and projections for plans and trails mentioned here that are under the control of various agencies item: paragraph 6 Q: what exactly is the zoning for the 4 parcels, and how can you so easily change the zoning of a neighborhood (hillside scenic residential) to open space (public open space) without deeply detailed environmental reports, especially the traffic issue and the impact it will have not only for the neighborhood but for those already taking their life in their hands riding bicycles on this neighborhood street, (I know it is only a matter of time until I hear the horrible sounds of a cyclist and a truck or car colliding right outside my front window) My guess is that historically, this very narrow road, barely one lane wide in parts, was no doubt originally meant for the far end (dead end of Stevens Canyon Road) property owners to access their lands (right to egress?) but I do not imagine anyone could have predicted the amount of cycling (mostly not mountain bike, but racing type of bikes that do not go off pavement) that goes down this street as cyclists have made it a de-facto trail of their own. It is very, very dangerous. Page 3 item: top of page, "Study shows the property as land worth considering for open space protection. " Q: where is the study available I want to read it item: paragraph 3 Q: address cleanup of previous erosion on the property, and future erosion issues, again would like more information item: paragraph 4 "The Preliminary Use and Management Plan will take effect upon execution of the License and Management Agreement, and will remain effective until the agreement expires. Any proposed changes to land use would be subject to further environmental review and public input. " Q: what dates are we talking about here, this sounds very vague and want to clarify in writing the start and end date if known. -Public Access, limited use HOW and Under what circumstances, who handles permits etc. -Signs--vague, want to know specifics -Picnic Grounds: Grounds and tables will be maintained Where are these, and are they off limits etc. -Orchard: seek agr. tenant to maintain orchard--vague, who , who pays for it, what chemicals are allowed to be used etc. , Where are the orchards and how are they to be accessed by the "tenant" -Patrol-Routinely patrol the property VAGUE want specifics of what this means, what they ca do , how often they do it , etc -Name--why? -Site Safety Inspection: "a comprehensive inspection has been completed and No hazards were found. . . .VAGUE, who what when all of it. want to see it. ITEM: CEQA COMPLIANCE -want to see the mentioned "Comprehensive Use and Management Plan for the Saratoga Gap Open Space Preserve" under Project Description, and want more information about the statement "The land will be permanently preserved as open space and maintained in a natural condition. " Item: CEQA Determination Q: want to see the written conclusion by the ditrict which allows the statement "The District concludes that this project will not have a significant effect on the environment" . .pardon my suspicion but that is hard to swallow! How can all the claims about the "outstanding recreational opportunities" and "an ideal site for a PUBLIC STAGING AREA with PARKING for a regional trail system" (see page ONE under "description" , first paragraph of that section) not require major environmental studies to be done, and how can that not violate the attempts at getting in under "exemptions. . . " dicussion that fill the first 4 paragraphs of Page 4??? Page 4 item: paragraph 5 of page 4 "This acquisition qualifies under four sections . . . .no possibility that the actions may have a significant effect on the environment" Q: are you kidding me???? NO possibility? very sweeping statement to me, especially if you take in to account your Good Neighbor Policy, Hello! i am going to be effected in all the wrong ways and I am your neighbor, am I not??? And am I not an endangered species myself at this point? item: "PUBLIC NOTIFICATION" "Property owners of land adjacent to or surrounding the subject property have been mailed written notices of this license and management agreement. " Q: EXACTLY WHICH PROPERTY OWNERS WERE NOTIFIED? HUGE SUGGESTION: BE FAIR, COMMUNICATE WITH THE HUMAN BEINGS THAT LIVE ON THE LAND AND GIVE THEM AT LEAST 30 DAYS NOTICE OF ACTIONS LIKE THIS ONE AS IT IS RIDICULOUS TREATMENT TO DROP A LETTER IN THE MAIL AND EXPECT EVERYONE TO BE IN A POSITION TO DROP ALL THEY ARE DOING TO DEFEND THEMSELVES AGAINST SUCH A HORRIBLE ACTION AS IS BEING TAKEN HERE, WITH 2 DAYS NOTICE! ALL SUCH MATTERS ARE SO IMPORTANT THAT IT SHOULD BE REQUIRED THAT YOU SEND A CERTIFIED AND REGISTERED LETTER WITH A SIGNATURE AND TIME DOCUMENTATION. THIS HAS BEEN AS ABYSSMAL AN EXPERIENCE AS I CAN HAVE IMAGINED. FOR SOME OF US, OUR HOMES ARE THE VERY ESSENCE OF WHO WE ARE, AND SOME OF US REALLY AREN'T JUST BUYING REAL ESTATE TO MAKE MONEY AND HAVE A PLACE TO SLEEP AT NIGHT! ! ! MY HOME AND MY SURROUNDINGS RANK HIGH IN MY SENSE OF SELF AND IDENTITY. BE MORE SENSITIVE TO THOSE WHO DON'T FIT PREDICTABLE MOLDS, WE JUST MIGHT END UP BEING HIGHLY USEFUL FRIENDS. THANKS AGAIN FOR ALL YOUR KIND ATTENTIONS IN THESE MATTERS. re: Letter from Kerry Cunningham to MROSD Board of directors, regular meeting 02/09/05. Board business item #4, Proposed license and Management agreement and assignments of rents and security I Z-) deposits with POST for the Stevens Canyon Ranch property. FEB-09-2005 WED 04:08 PM AKT SCLA Marketing FAX NO. 14089862944 P. 02 Midpeninsula Regional open Space District Board ol"Directors Pete Siemens May Davey Jed Cyr Deane Little Nonette Hanko Larry Hwsisett Kenneth C. .Nitz Kerry L. Cunningham 16531 Stevens Canyon Rd. Cupertino,CA 95014 February 9, 2005 Dear MROSD Board members, Board This letter is in regards to MROSD Replar Meeting, February 9, 2(X)4 Boa Business Item#4, the Proposed License •and Man4gement agreement and assignment of rents and security deposits with POST for the Stevens Canyon Ranch property. I am Kerry Cunningham.co-owner(with D.W.Wright)and resident of 1,6531 Stevens Canyon Road(parcel#531-16-013) adjacent to the Stevens Canyon Ranch property in question, and I am requesting a continuance for time to review the license and management agreement for Stevens Creek ranch property. I received the letter informing as of the February 9th board business on Monday, February 7th. (2 days notice.) We feet totally and inadequately informed with our limited experience in such matters (especially matters of such importance to the two of us) we have arranged a meeting with Michael Williams but this will not take place until Friday, Feb. I I". In response to the general manager's recommendations for the proposed license and management agrecawnt for Stevens Canyon Ranch property. 1. We disagree vehemently with the conclusion of this report to exempt the Project from the CEQA in both that the plan will have significant impact on the environment of Stevens Canyon;the last wild creek in Santa Clara county-,as well as a review of traffic analysis is covered by CEQA. 2. The plan has no timefrarne for the length of this contract agreement nor specific end date. FEB-09-2005 WED 04:08 PM AKT SCLA Marketing FAX NO. 14089862944 P. 03 3. The preliminary use and management plan has contradictory statements for use of the property mentioning "public staging area" versus "maintain in a natural condition and there will be no expansion of use' 4. precise plan for mitigation of privacy loss for adjacent property owners. In the interest of brevity, we will include an attached written letter detailing our concerns for you all to review. and to enter into the public record. We in no way feel this is a complete list of our concerns in this matter and repeat our request for a continuance so that we may present a full and accurate accounting at a later date-We feel a six week of one month continuance is fair and reasonable,and fail to see any valid need for this matter to be signed off this evening given our position. We are rather shocked by the virtually secret sale of the.loner-Becker property, our"next door neighbor", and feel at a loss for the words to properly express the deep grief this seemingly Sudden transaction.is causing us. We are gravely concerned, as it is our opinion that the shift in status from a privately owned and occupied estate to a publicly owned open space of any sort will negatively and permanently change the very nature and character of the serene and rare piece of land which we are most privileged to call our home. Living in Stevens Canyon allows one to feel worlds away from the jarring hectic loud rude 2 Ist century life which exists only 3 miles from our home. Them is no way for us to replace our property with another that we have found in our M years of searching for the perfect (our present)property. We have planned to nurture and preserve this magical spot,for the rest of our lives. This was to be our last home. We are so aggrieved at the thought of what will become of our ver special way of life, that we have actually y contemplated leaving the canyon rather than watch it be slowly but Surely turned into another playground in the country for the endless disrespectful cyclists, drug/alchohol users, trespassers,poachers, and various mischief makers and law breakers. Inviting even one more •person than those who already sully one of the last close in havens for those f us-- however few-- who simply must live,as close to nature as possible in order to survive (spiritually,down deep), and who have struggled and sacrificed to pay to live here,seems threatening to us.- We do not want to leave the canyon, but want to halt any additional propo.,;ed increase in its Use by the public so that we may hold on to and fully enjoy the use of our private property that we have struggled and sacrificed to purchase and improve. While we understand the passion and the nobility of those who go to great lengths(and spend large arnounts of money)to try and preserve open space we have serious difficulty Z� in understanding the necessity to open such a precious wild land to the public rather than leave it as close to nature--unmolested and untrampled-- as humanly possible. For those seeking not much more than the next great dirt hill to ride,are there not already more than enough free and public spaces purchased for their use? Although it is not by any means our main concern, we are none the less quite sure that turning our vast next-door FEB-09-2005 WED 04:09 PM AKT SCLA Marketing FAX NO, 14089862944 P. 04 neighbor's property from residential zoning to open space will seriously and negatively impact our property value and perhaps even its very salability. 13y removing our treasured sense of serenity;OUT Me Of the sheer power of nature in the canyon and our deep connectedness to this superb place we are feeling unjustly cheated in both the financial and the deeply felt spiritual sense. Other un-addressed (and perhaps unknown to those not living in the canyon) issues going on in our canyon include the very dangerous narrow windy road. Nearly everyone in the canyon has had a breathtakingly close call with the cyclists already present in our neighborhood. We cannot begin to imagine an increase in their numbers that would be attracted to the proposed new park areas. There is barely enough room for two cars to pass safely in many spots, and this road is often full of huge potholes and other debris which present additional hazards. We feel grossly undffselrved with sheriff and/or peace Officer attention as it is (they are understaffed and not very close, understandably prioritizing our request to conic out for whatever reason against other calls they are handling). There are chronic problems specific to our canyon that include—but are not limited to—illegal parking along the road (there is supposed to be NO parking on Stevens Canyon Road--a ticketable offence), various types of gun fire and other small explosions(day and night); littering (est)CCiallY) 0 by cyclists; graffiti; and very loud cyclists screaming at each other to communicate(often with volumes of foul language)which reverberate in the canyon,destroying that rare natural quiet for those of us who treasure it. More noise and other types of pollution are inevitable if more people are coming to our neighborhood because of additional park acquisition and public access. We have also found countless cigarette butts tossed into the often dry and brittle underbrush along the roadsides. There has even been one season where an arsonist repeatedly lit fires in various locatiolls,in the canyon. Granting easy access to far reaches of the backside of our neighborhood (via the new proposed property addition) will inevitably increase the possibility for untold additional types of criminal behavior, including the possibility of purposefully or accidentally set fire. Wildfire is of course is a constant threat in canyon living,but increasing access to formerly off limits private property further exposes our homes, animals, and ultimately our lives to its dangers. Due to the very short notice we received,we have not had adequate time to speak to our remaining neighbors. We do not even know if they were notified or when, and would like the 21 opportunity to gather together and discuss these issues with them before any agreements are signed. Granting its a continuance will allow us to do so. We thank you for your kind attention in these weighty(for us anyway) matters, and look forward to further discussion of your proposed management agreement, and inclusion in these present and future uses of our neighborhood. We would also he happy to provide input into the redrafting of your"Good Neighbor Policy", as we now feel the need for revisiting it up close and personally. F_ FEB-09-2005 WED 04:09 PM AKT SCLA Marketing FAX NO. 14089862944 P, 05 Regards, K?,r�iy L. Cunningharn cc-. Liz Kniss. District 5 Santa Clara County 7 Board of Directors,Midpeninsula Regional Open Space District Del Wood,Senior Acquisition Planner,MROSD Michael Williams, Real .Property Manager,MROSD MROSD Secretary Audrey Rust,President Peninsula Open Space Trust Walter Moore,V.P. Peninsula Open Spam Trust The Gordon and Betty Moore Foundation, San Francisco,California Rev. (3erald Wade,S.J.,Beflarmine Prepatoq College,San Jose, California Father Paul Locatelli,S.J.,Pre4sident,Santa Clara University FEB-09-2005 WED 04:08 PM AKT SCLA Marketing FAX NO. 14089862944 P. 01 Fax Cover Sheet II To: L. Craig Britton From: Kerry L. Cunningham Date: 9-Feb-05 Subj: Request for help from MPROSD Directors Total pages including cover sheet: 11 Comment: pear Craig, 1 have attached the pertainent documents to my request for continuance at the Midpen)nsuls open space meeting today including my problem. 1 will be in attendance at tonight's meeting. f would appreciate if you could circulate my request letter to the board members and other interested partles prior to the start of the meeting. Regards, Kerry L.Cunningham Work numbers: (Tel)405-235-6134 (Fax) 406-9a6.2944 (e-mail) Kerry-CurtningtharnOamat.com Address: 3101 Scott Blvd.,MS 9104 PO Box 53039 Santa Clara,CA SS054 i Regional Open Sp,-,.,e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT (AA YBRA I ING j() YIAftS OF OPFN SPA(.I PRFS I,RVA I[()N III TO: Board of Directors FROM: L. Craig Britton, General ManagerK'-� DATE: February 9, 2005 RE: FYI 330 Distel Circle 650-6gi-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 Hossett,Kenneth C.Nitz L.Craig Britton Regional Open Space g P p MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Memorandum To: John Maciel From: Cindy Roessler and Kathleen Jones Date: January 28,2005 Re: Sudden Oak Death Science Symposium,January 2005 Background Sudden Oak Death(SOD) is a plant disease that is causing large-scale dieoff of oaks in the forests of coastal California. Santa Clara, San Mateo and Santa Clara counties are among the 14 California counties known to harbor the infestation, along with a small area in southern Oregon. On Midpeninsula Regional Open Space District lands, SOD has been confirmed in the following preserves: Coal Creek, La Honda, Long Ridge,Monte Bello, Russian Ridge, Saratoga Gap, Sierra Azul/Loma Prieta, Skyline Ridge,and Thomewood. SOD is a fungus-like pathogen(Phytophthora ramorum) that infects the wood of and kills tanoak, coast live oak, black oak, canyon live oak, and Shreve's oak (a/k/a interior live oak). It also infests the leaves and stems of many other common native tree and understory plants in our mixed evergreen forests, including California bay, madrone, manzanita, and huckleberry, but does not kill these foliar hosts. California bay leaves are probably the source of the greatest amount of SOD inoculum in Coastal California forests. Currents there are 68 species known to be hosts of SOD and Y p this list continues to grow. SOD has been found primarily in wildland areas and on the urban- w i present in urban areas. ildland edge, but s not p es t s The SOD pathogen is also found on nursery plants, most notably rhododendrons. It is speculated that the SOD pathogen was accidentally introduced to California forests by infected nursery plants imported from a foreign country. Genetics The SOD pathogen belongs to the genus group of Phytophthoras that are well known to cause many different types of plant diseases. Phytophthora ramorum, however, is unusual in causing large-scale dieoff in natural settings, and because it can infest so many different types of plants. The SOD pathogen discovered in 13 countries of Europe is a different strain than that found in California, and has been found mostly in European nurseries and gardens. Recently, SOD infections have been found in nine forest trees at three sites in Cornwall, England. The SOD infestations in North America and England are assumed to be from separate introductions. There is some concern that if i I the North American and European strains are allowed to mix, a more virulent pathogen may develop. During field surveys for SOD, other Phytophthora species have been discovered (including in the Santa Cruz Mountains) that have similar symptoms and sometimes the same host species. The other Phytophthora species recently discovered are thought to be endemic and do not cause large-scale dieoff in forests. A more virulent Phytophthora species (P. kernoviae) has also been discovered in gardens in Britain, but has not been detected in the United States. Vectors The vectors that spread SOD to new natural areas are not known for certain, but most spread seems to occur in proximity to known infections probably b y spores carried b wind-blown rain splashing p Y � p Y Y p Y � p g � of raindrops and stream flows. Recent studies indicate that the pathogen can survive in soils in a hard-shelled dormant state (called chlamydospores) for over a year,particularly below the soil surface where temperature and moisture levels are not as harsh during the summer. Recent studies also indicate that humans might be spreading SOD through recreational activities. During the rainy season in a popular Santa Cruz County park, the pathogen was found in 40-60%of soil samples taken from trails, and in 40-95% of soil samples taken from hikers' shoes. During the dry summer months at the same park, no pathogen was detected in trail soil or in soil taken from hikers' shoes. In other studies, soil from car and mountain bike tires has tested positive for P. ramorum after these vehicles traveled on dirt roads through infested forests. In 2003 in Sonoma County, researchers found spores of the SOD pathogen on 45% of samples taken from trails through grasslands (where no SOD hosts occur), but on 0% of samples taken from soils two meters off these trails. In a 2004 study, also in Sonoma County, a significantly greater proportion of bay trees showing SOD symptoms were found in areas with high visitation rates than in bay trees in areas with low visitation rates. Monitoring of one public garden in England also found SOD infections along a number of public pathways. i In the past two years, an intensive effort has been made to identify any new counties with SOD. The infections seem to be spreading slowly, possibly due to relatively dry years. Most new infected sites were found within 6 miles of known infected sites. One study in an infested area of Marin County found the average spread of the disease within an infected site to be approximately 6 feet between 2001 and 2003, and the average density of SOD symptoms to increase from 13 to 40 stems per acres in the same time period. Treatment No treatment is currently available to kill the SOD pathogen on a large (forest) scale. Fungicides (phosphonate, Agri-Fos®)have been approved for use in California for annual treatment of individual trees to prevent infection or to control the spread of an early-stage infection. Agri-Fos may not be a solution for wildland situations on our preserves because: • Each individual tree needs to be injected or sprayed every year. • Treatment is only effective when infection is less than one year. 2 i • Spraying fungicide does not appear to work on tan oak, the type of oak more frequently infected in Santa Cruz Mountains. • Fungicide is not tested on other SOD hosts including California Bay Laurel, which is probably robabl the source of most infections to other trees. • Fungicide stops infection in the tree but does not kill the pathogen. The fungicide is currently being recommended for use on high-value trees, such as on private lands or on trees around high-use facilities on public lands like campgrounds. Research Existing research focuses primarily on: (1) the genetics and laboratory methods for detecting the SOD pathogen, (2) early detection in risk areas that are not close to known infected areas and that have appropriate host species and climatic conditions, and (3) control of the SOD pathogen in nursery settings. Funding to address SOD totaled more than $28 million in 2004. Congress allocated $9.89 million in federal SOD appropriations for the 2005 fiscal year. Most of these research areas are not directly relevant to managing the spread of SOD in MROSD preserves. Much less research is being conducted on how to respond to SOD in infested areas. The California Oak Mortality Task Force maintains an excellent website (www.suddenoakdeath.org) and recently has produced several pamphlets guiding recreationists, arborists, and firefighters on precautions to take in SOD-infested areas. MROSD Current Actions District staff is trained in detecting SOD and submitting samples to the state laboratories. Every year during the wet season, trained staff target newly suspected areas for monitoring and collection of samples. In January 2005, District staff adopted a written set of field practices for limiting the spread of SOD on District preserves. Procedures are specified for cleaning equipment and preventing the relocation of potentially contaminated vegetation and soils. To our knowledge, these are the only written procedures prepared by any public land management agency regarding staff procedures and SOD. District staff will be presenting these procedures at the California Park Rangers Conference in March 2005 and would like to share them in a forum with the Bay Area Open Space Council. MROSD Future Actions • Review SOD signs at District preserves. Revise content and posting locations, if necessary. • Provide educational workshops to District docents and field volunteers and to hiking groups that frequently visit District preserves,to provide guidelines on preventing the spread of SOD. j • Post information on the District website. • Revise field practices, if necessary. • Continue monitoring and sampling. 3 • Continue participating in a statewide Early Detection Study, including sampling by researchers on District preserves. • Continue training of staff. i i �I 4 i Regional Open .Sp...,,e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT E'1 ILAi11,A.I INO JO YFARS OF 011FI I SPAC'F PIUSI�IZ A"IION TO: Board of Directors FROM: L. Craig Britton, General Manager DATE: February 4, 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 Hassett,Kenneth C.Nitz L.Craig Britton g ., ^ rrro,„E,. f�,a Regional Open Sp .,e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION **REVISED**INTER-OFFICE MEMORANDUM I Gil T To: C. Britton, General Manager From: T. Fischer,Land Protection Specialist Date: February 1,2005 Subject: POST Redwood Park Property Addition to Purisima Creek Redwoods Open Space Preserve Transfer of ownership was recorded for the subject property on December 17, 2004 and title to and possession of this five parcel 0.92-acre property 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 15,2004. DEDICATION/ACQUISITION CHART INFORMATION Ownership Status: (Fee,Easement, Board Approval Preserve/Area County/A.P.N. Grantor Acres Lease,Mgmt Date/Res.No. Agmt.) San Mateo 067-153-072 Purisima Creek 067-094-100 POST 0.92 Fee December 15,2004 Redwoods 067-139-180 04-51 067-184-060 1 067-139-090 Mgmt. Status: Dedication Date/Status: Purchase Price Closing Date (Open,Closed, Type GIS Code CMU,or Other) (Intended (Gift Value) Withheld) Intended: 067-153-072 067-094-100 December 17,2004 CMU 067-139-180 Gift $7,500 067-139-090 Withheld: 067-184-060 Misc.Notes: 0 Some of the lots of this property are located easterly of the Redwood Park"dedication line." 0 APN: 067-153-072 was a one-half ownership interest. The other one-half ownership interest(APN: 067-153-07 1)is held by John V. Bank. p4 p s Adm g�g , ��,, 33o Distel CA; Board 9� Q%ratiO�,�SPbWfiq&SpkV"f GENERAL MANAGER: Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nonette Hanko,Lorry Hos5ett,Kenneth C.Nitz L.Craig Britton Regional Open Sp .,e INTER-OFFICE MEMORANDUM To: C. Britton,General Manager MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION From: T. Fischer,Land Protection Specialist Date: January 31,2005 Subject: Stienstra/Veneman"Redwood Park"Property Exchange to Purisima Creek Redwoods Open Space Preserve Escrow closed for the subject property exchange on January 20,2005 and title to and possession of these eight parcels totaling 0.70-acre property passed to the District. In exchange,the District conveyed three parcels totaling 0.17 acres for a net gain of 0.53 acres. 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 15,2004. DEDICATION/ACQUISITION CHART INFORMATION Ownership Status: (Fee,Easement, Board Approval Preserve/Area County/A.P.N. Grantor Acres Lease,Mgmt Date/Res.No. Agmt. San Mateo Bruce&Cathy ) 067-122-130 Stienstra,and 067-172-010,-020 John Veneman Purisima Creek 067-174-010,-120 F December 15,2004 Fee Redwoods 067-175-010,-060 04-50 067-186-180 0.70 067-185-033 MROSD 0.17 1 Total 0.53 Mgmt. Status: Dedication Closing Date (Open,Closed, Date/Status: Type Purchase Price GIS Code CMU,or Other) (Intended or Withheld) Intended: 067-122-130 067-172-010,-020 067-174-010 Exchange plus One parcel plus January 20,2005 CMU 067-175-010,-060 Cash $5,000 Withheld: 067-174-120 1 067-186-180 1 1 1 Misc.Notes: 0 Some of the lots of this property are located easterly of the Redwood Park"dedication line." 0 District&Stienstra/Veneman exchanged the following parcels: a. District conveyed to Stienstra fee title to APN:067-185-033 (three lots). b. District received from Stienstra/Veneman fee title to the above eight parcels(nine lots). c. District paid$5,000 to Veneman. cc: Board of Directors,Administration,Operations,Accounting,Planning,Public Affairs 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 650-69i-0485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz L.Craig Britton ____ 6=­ Claims No 05-02 Meeting 05-03 Date 02/09/05 Revised Midpeninsula Regional Open Space District # Amount Name Description 2082 $700.00 Aaron's Septic Tank Service Sanitation Services 2083 $368.26 Acme&Sons Sanitation Sanitation Services 2084 $162.73 ADT Security Services Burglar Alarm Service 2085 $21.60 Allen Equipment Company,Inc. Equipment Part 2086 $35.00 Allen's Press Clipping Bureau Media Clips 2087 $462.80 Allied Auto Works Vehicle Service and Repair 2088 $15.00 American Red Cross CPR Training Supply 2089 $209.00 Association for Volunteer Administration Annual Membership 2090 $500.00 Association of Bay Area Governments Annual Membership 2091 $1,264.80 Barg Coffin Lewis&Trapp Legal Services-Guadalupe Watershed 2092 $711.24 Beck's Shoes Inc. Uniform Shoes 2093 $30.00 *1 California Secretary of State Amendment-Articles of Incorporation 2094 $404.06 California Trail Conference Volunteer Event Supplies 2095 $213.27 California Water Service Company Water Service 2096 $637.69 Cascade Fire Equipment Company Field Supplies 2097 $469.00 *2 City of Los Altos Facility Rental&Deposit-State of the District Event 2098 $339.96 Costco Supplies 2099 $64.95 *3 County of San Mateo Historical Maps 2100 $100.00 Custom Alignment Vehicle Repair 2101 $420.02 David Edwards-Great! Printing Services-Maps 2102 $60.00 Downing,Brendan Reimbursement-Cell Phone 2103 $300.00 Eflexgroup.com Non-Descrimination Testing for Pre-Tax 125 Plan 2104 $3,338.00 Employment Development Dept. Unemployment Insurance Claims 2105 $151.98 Federal Express Express Mailing 2106 $1,320.57 *4 First Bankcard 640.00-Training&Conf.Exp 320.96-Field Equip.&Supplies 556.80-Office Supplies -64.82-Web Hosting 424.43-Uniform Expense 2107 $56.12 G&K Service Shop Towel Service 2108 $1,716.58 Gardenland Power Equipment Field Supplies&Equipment 2109 $45.05 Goodco Press,Inc. Printing Services-NCR Forms 2110 $184.89 Green Waste Recovery,Inc. Garbage Services 2111 $478.66 Guy Plumbing&Heating,Inc. Plumbing Repair-Saratoga Gap Rental Unit 2112 $9,561.51 Harris Construction Construction Services-SFO 2113 $59.01 Jones,Kathleen Mileage Reimbursement 2114 $3.90 Kwik Key Lock&Safe Co.Inc. Keys Services 2115 $139.41 Los Altos Garbage Co. Refuse Services 2116 $1,137.43 Maaco Vehicle Repairs 2117 $60.00 Macke Water Systems,Inc. Kitchen Supplies 2118 $62.53 McKowan,Paul Reimbursement-Volunteer Supplies 2119 $119.92 MegaPath Networks Internet Connection-DSL Line-FFO 2120 $27.99 MetroMobile Communications Radio Repairs 2121 $371.83 Monster Mechanical,Inc. HVAC Maintenance&Repair-Admin.Office 2122 $470.49 Northern Energy,Inc. Propane Service 2123 $137.38 Pape'Material Handling Maintenance Supply 2124 $30.57 Peninsula Digital Imaging Printing Services 2125 $6,250.00 Popish Appraisal&Consulting Appraisal Fees 2126 $24.36 Pringle Tractor Co. Tractor Supplies 2127 $190.25 R.V.Cloud Plumbing Supplies 2128 $4.12 Rancho Hardware&Garden Shop Field Supplies Page 1 of 2 Claims No 05-02 Meeting 05-03 Date 02/09/05 Revised Midpeninsula Regional Open Space District # Amount Name Description 2129 $67.74 Robert's Hardware Field Supplies 2130 $237.54 Roessler,Cindy Reimbursement-Mileage 2131 $1,159.14 Roys Repair Service Vehicle Repairs&Service 2132 $86.69 Royal Brass Inc. Field Supply 2133 $161.32 Safety Kleen Oil Recycling&Solvent Tank Service 2134 $76.26 SBC Payment Center Telephone Service 2135 $143.00 Shur-Right Distributing,LLC Field Supplies 2136 $105.01 Summit Uniforms Uniform Expense 2137 $626.95 Tadco Supply Janitorial Supplies 2138 $58.00 Tires on the Go Tire Repair 2139 $560.00 Tran,Minh Tuition Reimbursement 2140 $134.14 Turf&Industrial Equipment Co. Vehicle Supplies 2141 $355.41 Verizon Pager Service&Wireless Phone Service 2142 $1,838.96 `5 Vu,Douglas Reimbursement-Sewer Discharge Permit 2143 $290.13 West Payment Center On-Line Legal Subscription 2144 $78.24 Wickham,Elise Reimbursement-Ranger Residence Repair 2145 $275.00 Woodside&Portola Private Patrol Patrol Services-Windy Hill 2146 R $657.08 "6 General Hardware Builders Supply Field Supply 2147 R $263.38 Home Depot,Inc. Field Supplies&Equipment 2148 R $83,382.62 HRB Construction,Inc. Engineering Services-Foothills Shop Building-Retention Payment 2149 R $782.94 Orchard Supply Hardware Field Equipment&Supplies 2150 R $248.88 Pitney Bowes,Inc. Postage Machine-Maintenance Agreement 2151 R $39.52 Roessler CindyReimbursement-Cell Phone i 2152 R $1,228.46 SBC Telephone Service Total $126,288.34 •1 Urgent Check Issued 02/02/05 '2 Urgent Check Issued 02/02/05 `3 Urgent Check Issued 02/03/05 '4 Urgent Check Issued 01/27/05 `5 Urgent Check Issued 02/02/05 "6 Urgent Check Issued 02/08/05 Page 2 of 2 Claims No 05-02 Meeting 05-03 Date 02/09/05 Midpeninsula Regional Open Space District # Amount Name Description 2082 $700.00 Aaron's Septic Tank Service Sanitation Services 2083 $368.26 Acme&Sons Sanitation Sanitation Services 2084 $162.73 ADT Security Services Burglar Alarm Service 2085 $21.60 Allen Equipment Company,Inc. Equipment Part 2086 $35.00 Allen's Press Clipping Bureau Media Clips 2087 $462.80 Allied Auto Works Vehicle Service and Repair 2088 $15.00 American Red Cross CPR Training Supply 2089 $209.00 Association for Volunteer Administration Annual Membership 2090 $500.00 Association of Bay Area Governments Annual Membership 2091 $1,264.80 Barg Coffin Lewis&Trapp Legal Services-Guadalupe Watershed 2092 $711.24 Beck's Shoes Inc. Uniform Shoes 2093 $30.00 "1 California Secretary of State Amendment-Articles of Incorporation 2094 $404.06 California Trail Conference Volunteer Event Supplies 2095 $213.27 California Water Service Company Water Service 2096 $637.69 Cascade Fire Equipment Company Field Supplies 2097 $469.00 '2 City of Los Altos Facility Rental&Deposit-State of the District Event 2098 $339.96 Costco Supplies 2099 $64.95 `3 County of San Mateo Historical Maps 2100 $100.00 Custom Alignment Vehicle Repair 2101 $420.02 David Edwards-Great! Printing Services-Maps 2102 $60.00 Downing,Brendan Reimbursement-Cell Phone 2103 $300.00 Eflexgroup.com Non-Descrimination Testing for Pre-Tax 125 Plan 2104 $3,338.00 Employment Development Dept. Unemployment Insurance Claims 2105 $151.98 Federal Express Express Mailing 2106 $1,320.57 '4 First Bankcard 640.00-Training&Conf.Exp 320.96-Field Equip.&Supplies 556.80-Office Supplies -64.82-Web Hosting 424.43-Uniform Expense 2107 $56.12 G&K Service Shop Towel Service 2108 $1,716.58 Gardenland Power Equipment Field Supplies&Equipment 2109 $45.05 Goodco Press,Inc. Printing Services-NCR Forms 2110 $184.89 Green Waste Recovery,Inc. Garbage Services 2111 $478.66 Guy Plumbing&Heating,Inc. Plumbing Repair-Saratoga Gap Rental Unit 2112 $9,561.51 Harris Construction Construction Services-SFO 2113 $59.01 Jones,Kathleen Mileage Reimbursement 2114 $3.90 Kwik Key Lock&Safe Co.Inc. Keys Services 2115 $139.41 Los Altos Garbage Co. Refuse Services 2116 $1,137.43 Maaco Vehicle Repairs 2117 $60.00 Macke Water Systems,Inc. Kitchen Supplies 2118 $62.53 McKowan,Paul Reimbursement-Volunteer Supplies 2119 $119.92 MegaPath Networks Internet Connection-DSL Line-FFO 2120 $27.99 MetroMobile Communications Radio Repairs 2121 $371.83 Monster Mechanical,Inc. HVAC Maintenance&Repair-Admin.Office 2122 $470.49 Northern Energy,Inc. Propane Service 2123 $137.38 Pape' Material Handling Maintenance Supply 2124 $30.57 Peninsula Digital Imaging Printing Services 2125 $6,250.00 Popish Appraisal&Consulting Appraisal Fees 2126 $24.36 Pringle Tractor Co. Tractor Supplies 2127 $190.25 R.V.Cloud Plumbing Supplies 2128 $4.12 Rancho Hardware&Garden Shop Field Supplies Page t of 2 Claims No 05-02 Meeting 05-03 Date 02/09/05 Midpeninsula Regional Open Space District # Amount Name Description 2129 $67.74 Robert's Hardware Field Supplies 2130 $237.54 Roessler,Cindy Reimbursement-Mileage 2131 $1,159.14 Roy's Repair Service Vehicle Repairs&Service 2132 $86.69 Royal Brass Inc. Field Supply 2133 $161.32 Safety Kleen Oil Recycling&Solvent Tank Service 2134 $76.26 SBC Payment Center Telephone Service 2135 $143.00 Shur-Right Distributing,LLC Field Supplies 2136 $105.01 Summit Uniforms Uniform Expense 2137 $626.95 Tadco Supply Janitorial Supplies 2138 $58.00 Tires on the Go Tire Repair 2139 $560.00 Tran,Minh Tuition Reimbursement 2140 $134.14 Turf&Industrial Equipment Co. Vehicle Supplies 2141 $355.41 Verizon Pager Service&Wireless Phone Service 2142 $1,838.96 '5 Vu,Douglas Reimbursement-Sewer Discharge Permit 2143 $290.13 West Payment Center On-Line Legal Subscription 2144 $78.24 Wickham,Eiisa Reimbursement-Ranger Residence Repair 2145 $275.00 Woodside&Portola Private Patrol Patrol Services-Windy Hill Total $39,685.46 '1 Urgent Check Issued 02/02/05 '2 Urgent Check Issued 02/02/05 '3 Urgent Check Issued 02/03/05 '4 Urgent Check Issued 01/27/05 `5 Urgent Check Issued 02/02/05 I Page 2 of 2 i