HomeMy Public PortalAbout20050727 - Agenda Packet - Board of Directors (BOD) - 05-17 Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 05-17
REGULAR AND SPECIAL MEETING
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
6:30 p.m.
Wednesday, July 27, 2005
330 Distel Circle, Los Altos, California
AGENDA*
Please Note: 6:30 p.m. Closed Session Special Meeting Start Time
7:30 p.m. Regular Meeting Start Time
6:30 ROLL CALL
SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT—CLOSED SESSION
The Closed Session will begin at 6:30 p.m. At the conclusion of the Closed Session, the Board will adjourn
the Special Meeting Closed Session to the Regular Meeting, and, at the conclusion of the Regular Meeting,
the Board may reconvene the Special Meeting Closed Session.
1. Public Employment—Government Code Section 54957(b)(1)
Public Employee Performance Evaluation—General Counsel
2. Public Employment—Government Code Section 54957(b)(1)
Public Employee Performance Evaluation—General Manager
3. Conference with Labor Negotiator, Government Code Section 54957.6
Agency Designated Representatives: Sally Thielfoldt,John Maciel
Employee Organization: Mid peninsula Regional Open Space District Field Employees Association
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
*** APPROVAL OF MINUTES—April 27, 2005, May 11, 2005 and June 22, 2005
ADOPTION OF CONSENT CALENDAR— L. Hassett
BOARD BUSINESS
7:40* 1 Adoption of Electronic Comm unications Policy Applicable to Communications To and From the
Board of Directors— Legislative, Finance and Public Affairs Committee(LFPAC)
8:10* 2 Procedural Recommendation for Assignment of Agenda Topics to a Board Standing-Committee;
Discuss and Direct Legislative Finance and Public Affairs Committee to Draft Proposed
Amendment to the District's Rides ofProcedw-e for Assignment of Agenda Topics to Board
Standing Committees—N. Hanko
Meeting 05-17 Page 2
8:20* 3 Authorize MidpeninSUla ,Rcgional Open Space District to Co-host the 2006 Special Park Districts
Forum with C. Britton
4 Authorize Additional Legal Fees in the Matter of Fogarty vs. MROSD and MROSD v. Fogarty to
the Law Firm of Miller, Starr& Regalia in ail Amount Not to Exceed $25,000, for a total of
$35,000; Authorize and Appropriate Additional Funds in the Amount of$20,000 from the New
Land Purchases Account and Include This Appropriation at Mid-Year Budget Review and
Amendment—S. Schectman
REVISED CLAIMS
8:35* 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)
9:00* 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 qj'the Consent Calendar.
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF YOU NEED
ASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CONTACT THE DISTRICT CLERK
AT(650) 691-1200. NOTIFICATION 48 HOURS PRIOR TO THE MEETING WILL ENABLE THE
DISTRICT TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS
MEETING.
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 05-13
SPECIAL AND REGULAR MEETINGS
BOARD OF DIRECTORS
June 22, 2005
MINUTES
SPECIAL MEETING
I. ROLL CALL
Vice President Jed Cyr called the meeting to order at 6:33 p.m.
Members Present: Jed Cyr, Mary Davey, Nonette Hanko, Deane Little
(arrived at 7:32), Ken Nitz, Pete Siemens
Members Absent: Larry Hassett
Staff Present: Craig Britton, Sue Schectman, Sally Thielfoldt, Duncan
Simmons, Rudy Jurgensen
II. CLOSED SESSION
J. Cyr stated that the Board would adjourn to Closed Session to discuss Closed
Session Agenda Items 1, 2, 3, 4 and 5.
The Board recessed to Closed Session at 6:34 p.m. and the Closed Session
commenced at 6:34 p.m. The Board concluded the Closed Session at 7:25 p.m.
REGULAR MEETING
III. J. Cyr called the Regular Meeting to order at 7:30 p.m. He announced that the
Board had discussed Closed Session Agenda Items 1, 2, 3, 4 and 5 in Closed
Session and that no reportable actions had taken place.
Additional Staff Present: Kirk Lenington, Gordon Baillie, Michael Williams,
Mike Foster, John Maciel, Cathy Woodbury, Cindy Roessler, Jim Cimino,
Michelle Kneier, Pamela Naito
IV. ORAL COMMUNICATIONS—There were none.
Meeting 05-13 Page 2
V. INTRODUCTIONS
J. Cimino introduced Michelle Kneier, Accounting Clerk; and Pamela Naito,
Administrative Assistant, new employees in the Administration Department.
VI. ADOPTION OF AGENDA
C. Britton requested that the Board re-order the agenda to accommodate members
of the audience.
Motion: K. Nitz moved that the Board adopt the re-ordered agenda. P.
Siemens seconded and the motion passed 6 to 0.
VII. ADOPTION OF CONSENT CALENDAR
Staff answered questions about claims as follows: #2887, LFR Levine Fricke —
Pulgas bridge and Corte Madera staging areas; #2855, County of San Mateo —
building permit for Pulgas bridges, retaining wall; #2860, Dahn Design, LLC —
interpretive outdoor signs for Daniels Nature Center; #2863, Design Concepts —
design services for newsletter, brochures, cards; #2873, Gilroy Motorcycle Center
—more helmets for ATV users; #2878, IEDA, Inc. —will be bringing something to
the Board in 6-8 weeks; #2889, Lisa Bush—on-site assessment she did with Matt
Freeman (Board will see report if requested); #2896, Office Depot — supplies
including copy paper; #2906, R. E. Bomnann's Steel Co., Inc. — staff will report
back; #2921, Seever, Richard DBA Rural Pig Management—46 hours in May, 14
pigs during April and May; #2936, William Flaxington — copyright for
photograph used on bulletin boards.
Motion: P. Siemens moved that the Board adopt the Consent Calendar,
including minutes of the April 6, 2005 Special Meeting; and the
April 15, 2005 Special and Regular Meetings; draft responses to
letters from C. Lee McKenzie, 221436 Roaring Water Way, Los
Gatos; and Jenny Whiteman, 21405 Roaring Waterway, Los Gatos;
Agenda Item 6, Contract for Dispatch Services with City of
Mountain View; Authorize General Manager to Execute
Agreement with City of Mountain View to Provide Twenty-four
Hour Radio Dispatch Services for the Period of July 1, 2005
IF C Through June 30, 2006 Not to Exceed $26,000; and Revised
yc�
e Claims 05-11. K. Nitz seconded the motion. The motion passed 6
to 0, with Dir.Nitz abstaining on Claim 2893.
VIII. BOARD BUSINESS
A. Agenda Item No. I — Presentation from Coastal Conservancy — (Report
R-05.68).
Meeting 05-13 Page 3
C. Britton introduced Tim Duff, Project Manager with the Coastal
Conservancy.
Mr. Duff presented historical information about the California Coastal
i
Trail and talked about goals and objectives. He showed pictures of the
Cowell Purisima Coastal Trail and talked about the background and plans
for the trail.
Mr. Duff answered questions regarding shoreline erosion, noting that
about 50 percent of the trail is already constructed. He said the cost of
constructing this three-mile section is estimated at $2 million.
N. Hanko asked if there was suitable access to the beach at the northerly
terminus of the trail. Mr. Duff said there are stairs that go down to North
Beach. N. Hanko commented that the Montara Beach access is well done.
Mr. Duff presented copies of the Coastal Trail report to Board and Staff
Members.
B. Agenda Item No. 3 - Authorize General Manager to Execute Permit to
Enter for the Purpose of Santa Clara County Fire Department to Conduct a
Controlled "Training" Burn on the Rancho de Guadalupe Area of Sierra
Azul Open Space Preserve for Training Purposes and to Enter Other Areas
as Specified for Related Training Not Involving Live Fire; Determine
Recommended Actions are Categorically Exempt Under CEOA — (Report
RR-05-65).
G. Baillie introduced Fire Captain Tom Tomell of Santa Clara County Fire
Department and presented the staff report.
J. Cyr commented on his experience as an observer of the previous burn
and how valuable he thought the training was.
Captain Tomell thanked the District for the opportunity and said he is the
Incident Safety Officer for this burn.
C. Roessler said the exotic referred to on page 2, item 4, of the report was
Harding grass and told where it is located.
G. Baillie showed where previous burns had occurred. He said extensive
studies had been done in 1997 regarding endangered species in the area.
D. Little suggested monitoring the reduction of non-natives and the
growth of natives in the burn area. C. Roessler said they have been
conducting monitoring.
Meeting 05-13 Page 4
Motion: N. Hanko moved that the Board determine that the
recommended actions as set out in the staff report are
categorically exempt under the California Environmental
Quality Act (CEQA); and authorize the General Manager to
execute the Permit to Enter for the purpose of allowing the
Santa Clara County Fire Department to conduct a
controlled burn, for training purposes, at the Rancho de
Guadalupe area of Sierra Azul Open Space Preserve, and to
enter other areas as specified for related training not
involving live fire. P. Siemens seconded the motion. The
motion passed 6 to 0.
C. Agenda Item No. 5 - Issuance of 2005 Refunding Promissory Note;
Approve Resolution Authorizing Execution and Delivery of Indenture,
Escrow Agreement and Other Documents Related Thereto Required to
Complete Issuance and Sale of$5 Million Refunding Promissory Notes—
R-05-67 .
(Report Z
M. Foster resented the report. He will provide copies of the documents
p p p p
to Board Members.
N. Hanko thanked M. Foster for watching out for the District's interests.
Motion: K. Nitz moved that the Board approve Resolution No. 05-
18 A Resolution of the Board of Directors of the
Midpeninsula Regional Open Space District Approving the
Forms of and Authorizing the Execution and Delivery of an
Indenture for the Midpeninsula Regional Open Space
District 2005 Refunding Promissory Notes and a Contract
of Purchase for Said Notes, Approving a Preliminary
Official Statement and Providing for the Approval of a
Final Official Statement for Said Notes and Authorizing the
Execution and Delivery of a Continuing Disclosure
Agreement for Said Notes and an Escrow Agreement and
Other Documents Related Thereto. N. Hanko seconded the
motion. The motion passed 6 to 0.
D. Agenda Item No. 2 - Adopt Amendments to the District's Resources
Policies Chapter 7: Water Resources—(Report R-05-69).
K. Lenington presented the report, noting that it contained two versions of
the document, a strikeout/underline version and a "final" version which
included text revisions and explanatory sidebars. He said the entire
Resource Management Policy document would be reformatted to include
photographs when all policy revisions are completed. At that time, the
Meeting 05-13 Page 5
entire document will be brought to the Board for final adoption. The next
policy topics to be addressed are grazing and agriculture.
N. Hanko commended staff for the re-organization of the document,
stating that it made it much more readable. She suggested including
specific reference to the Stevens Creek Watershed along with the other
key watersheds in the Watersheds sidebar on page 13-1. Discussion
followed regarding inclusion of reference to all watersheds in the
document. K. Lenington noted that other agencies have different
definitions of watersheds.
K. Nitz suggested the following changes to the report:
Attachment A:
• Page 13-2, third paragraph, strike the word "predictable" in the
first line.
• Page 13-2, sixth paragraph, capitalize the words "Water Resources
Policies."
• Page 13-3, paragraph 7.1, third bullet—explain the terms more.
• Page 13-3, paragraph 7.2, first bullet, change to read, " Manage
human activities . . . re-route and/or re-design existing trails . . . ."
• Page 13-4, paragraph 7.5 — add sidebar to define "watershed
units."
• Define"fisheries habitats."
Attachment B:
• Page 13-1, first paragraph, change third sentence to read, "In
general, . . . (ponds, sag ponds . . . )."
• — paragraph
Pag e 13-1 headed Watersheds Within the District —
define briefly what a watershed is.
D. Little suggested removing the term "artificial" on page 13-4, paragraph
7.6, first bullet, second sentence. He also inquired about the construction
standard on trail outsloping.
N. Hanko stated that each policy section needed to be heard on the coast.
C. Woodbury said staff could present this section to them when they
conduct the grazing workshop.
P. Siemens agreed that this policy should be included with the grazing
policy at the coastal workshop.
Motion: P. Siemens moved that the Board tentatively adopt the
amendments to the District's Resource Management Policy
Chapter 7: Water Resources. D. Little seconded the
motion. The motion passed 6 to 0.
Meeting 05-13 Page 6
E. Agenda Item No. 4 - Authorize General Manager to Execute License and
Management Agreement with Peninsula Open Space Trust (POST): Adopt
Resolution Approving Amendment to Application for Grant Funds from
Habitat Conservation Fund Program for the Addition of the POST
Property as an Addition to Purisima Creek Redwoods Open Space
Preserve (San Mateo County Assessor's Parcel 066-240-020); Determine
Recommended Actions are Categorically Exempt Under CEQA — (Report
R-05-70).
M. Williams answered questions regarding the item.
Motion: P. Siemens moved that the Board determine that the
recommended actions are categorically exempt under the
California Environmental Quality Act (CEQA) as set out in
the staff report; authorize the General Manager to sign the
License and Management Agreement (the "License") with
Peninsula Open Space Trust (POST), subject to approval
by the General Manager and General Counsel of minor
revisions to this agreement which do not substantially
change any material terms; and adopt Resolution No. 05-17
Resolution of the Board of Directors of the Midpeninsula
Regional Open Space District Approving an Amendment to
the Application for Grant Funds for the Local Agency
Grant Program — Fiscal Year 1998-1999 Under the Habitat
Conservation Fund Program of the California Wildlife
Protection Act of 1990 for the Following Project: Lobitos
Creek Headwaters Addition (Peninsula Open Space Trust
Property Acquisition). N. Hanko seconded the motion. The
motion passed 6 to 0.
IX. INFORMATIONAL REPORTS
N. Hanko shared an album of photographs depicting recent District activities.
K. Nitz: 1. He had a question about an item in the Monthly Field Activity Report
in the FYIs regarding mail found. J. Maciel said that staff had turned it over to
the Sheriff in the past and he would find out what had happened this time. 2. He
asked if they could install something in parking lots so drivers cannot do
"donuts."
M. Davey: 1. She said the 50,000 acre party was a brilliant success and thanked
staff. 2. She thanked the District for sending her to the Not-So-Annual
Conference in Monterey and the Special Districts Forum in Detroit.
D. Little: 1. He said both the conferences were excellent. 2. He had noticed
during hikes that the weevils are doing an incredible job on the yellow star thistle
r Meeting 05-13 Page 7
in various preserves. He said they now need to address a purple thistle that he had
seen growing. J. Maciel informed him that they would be adding 2,000 weevils in
June and July. C. Britton said staff would follow up on making sure the weevils
were free of parasites.
P. Siemens: 1. He agreed that the 50,000 acres celebration was well done. 2. He
had attended a productive meeting at Bear Creek Stables. 3. He will be meeting
with mountain residents on June 29 and will miss the Board meeting.
J. Cyr: 1. He echoed what others said about the events. 2. He will be attending
the staff picnic Friday. 3. He hiked at Castle Rock and said the wildflowers were
still beautiful.
C. Britton: 1. He distributed a calendar of upcoming meetings. 2. The
California State Parks Foundation is meeting at Hearst Castle on October 15.
S. Schectman updated the Board Members on the Attorney General's opinion
regarding police powers.
Motion: P. Siemens moved that the Board re-open Oral Communications. K. Nitz
seconded the motion. The motion passed 6 to 0.
Jenny Whitman, 21405 Roaring Waterway, Los Gatos, said she would like to
know if the District wants to keep the stable at Bear Creek. She thanked them for
the letter but said it did not answer her questions about the District's plans.
C. Woodbury talked about the process for the master plan which included focus
group meetings. By the end of the fiscal year, they should have a good idea of
what the plan will look like.
N. Hanko announced an invitation from Bill Cook to his July 4 barbecue.
X. ADJOURNMENT
At 10:05 p.m., the meeting was adjourned.
Roberta Wolfe
Recording Secretary
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-05-85
Meeting 05-17
July 27, 2005
AGENDA ITEM 1
AGENDA ITEM
Consideration of Adoption of Electronic Communications Policy Applicable to Communications To
and From the Board of Directors
LEGISLATIVE, FINANCE AND PUBLIC AFFAIRS COMMITTEE'S (LFPAC)
RECOMMENDATION
Adopt the attached Electronic Communications Policy.
DISCUSSION
Background
Use of electronic communications is becoming increasingly common and necessary for both public
and private institutions, including govermnent agencies, to conduct business. E-mail in particular is
increasingly used for the type of brief messages that were previously sent by a telephone call,voice
mail, or a note. The efficient and appropriate use of e-mail,the Internet, and other electronic media
for communication can enhance the quality and effectiveness of the services the District provides.
Board members and staff have worked hard to make District information and programs available to
the public via the District's Web site. In recognition of the prevalence of such electronic
communications,in 1999,the General Manager approved an administrative policy governing staff
members' proper use of e-mail and the Internet(see District Electronic Communications Systems
Use and Access Policy, AP-99-01).
In a similar fashion, elected officials are increasingly communicating with the public and their
agency staff via electronic communications. (In this report,the term "e-mail" is used for these
communications generally, although it's recognized that electronic communication can occur by
other means such as the Internet.) Board members,too, increasingly receive e-mail concerning
District business. Board members have also received communication from various types of Internet
forums, such as list-serves.
Electronic communications issues are also raising technical and legal issues for public agencies.
Recent litigation in the cities of Palo Alto and Woodside, for example,resulted in settlement
agreements in which the cities agreed to adopt specific policies governing electronic communication
with elected officials. Many cities are adopting e-mail policies to set out appropriate procedures for
using e-mail to insure that e-mail is used legally and efficiently in a way that serves the needs of the
public to communicate with their elected officials,and also meets the needs of elected officials to
R-05-85 Page 2
communicate effectively with their agency staff and with each other. These policies seek to balance
the need to communicate with the public with the recognition of the constraints elected officials face
regarding communication outside of public meetings due to the Brown Act.
Late last year,a discussion on a public list-serve prompted some Board members to request that the
District develop an e-mail policy for Board members. The Board assigned this task to LFPAC. The
Committee has been meeting since January to discuss the issues such a policy should address and to
review and agree upon a recommended policy.
At its last meeting on June 17,2005 LFPAC finalized its discussions,agreed upon the attached
Electronic Communications Policy and is recommending that the Board consider and adopt it. If
adopted by the Board, the District's internal administrative policy will be updated to be consistent
with the Board Policy and to insure that all employees are also using the District's electronic
communications systems in conformity with correct policy. It is staff s goal to have the Board Policy
and the staff Administrative Policy be compatible and work in tandem to inform staff and the public
of the policies and procedures applicable to electronic communications.
A Brief Overview of the Policy
Section I. Purpose
This section sets out the purpose of the Policy, which has been described in the Background section
of this Report. It also states that the Policy seeks to insure that electronic communications comply
with the law, including the Brown Act and the Public Records Act.
Section 11. Definitions
This section contains brief definitions of common terms. Note that a"user"includes a Board
member as well as an employee. Employees are expected to comply with this Policy when
communicating with Board members.
Section 111. General Procedures
A. Protocol for Electronic Communications: E-mail is quick and often used informally to
transmit messages not intended to be retained, similar to voice mail messages. Nonetheless,
it is important that messages be written in a professional and respectful manner.
B. No Use of Personal E-Mail for District Business: This key issue was discussed extensively
by LFPAC. Both the Public Records Act and recent court cases have made it clear that
Board members should not use their personal or business e-mail to conduct District business,
including sending and receiving e-mail to the public and staff. Rather, Board members
should communicate with the public and staff via their designated District e-mail addresses:
i.e., Boardn-iember Lti)openspace.org. This Policy creates a clear line between Board
members' personal communications and their District business communications, so that, in
the event a request is made for District public records,or records are sought in litigation, a
Board member will have one clearly designated e-mail account and only one. This will help
protect Board members' privacy, and will enable the public to obtain District records when
appropriate without invading the privacy of Board members.
R-05-85 Page 3
District staff has been contacting Board members to insure that they are able to access their
District e-mail in this manner. Staff will receive training on how to properly contact Board
members via their District e-mail addresses. This e-mail address is posted on the District's
Web site and will be on Board members' business cards. Board members are encouraged to
call the General Manager to arrange for any assistance needed to insure they are able to
receive messages in a manner that works conveniently for their personal computer systems.
C. Electronic Communications between Board Members Concerning District Business: This
subsection reflects the Brown Act's prohibition against a quorum of the Board
communicating on a matter of District business outside of a noticed public meeting. This
prohibition applies to electronic communications. This provision reminds Board members
that communications may be sent by Board members to other Board members,but should be
sent in a manner that prevents a quorum from unintentionally(or intentionally) discussing a
matter of District business by electronic means.
D. Electronic Communication by a Quorum of the Board or a Board Standing Committee: This
subsection reflects the same Brown Act rule. The Attorney General has held that a majority
of the members of a local agency may not e-mail each other to discuss a matter of agency
business. This rule applies to the majority of any legislative body, which includes a Standing
Committee.
E. Staff Response to Electronic Communications with the Public: This subsection describes �
how District staff will answer e-mail the public sends to the District through the District's
Web site.
F. Board Electronic Communications with the Public: This subsection describes how e-mail
addressed to the Board will be handled. In short,e-mail correspondence from the public to a
Board member or to the full Board will be handled in the same manner as written
' Rules of Procedure.
communication is currently s Ru
c.mm y handled under Section 1.48 of the Board
E-mail addressed to the full Board will be placed on the agenda for approval of a response.
E-mail addressed to individual members may be handled in a variety of ways,at the
discretion of the Board member who receives it. In addition, a Board member may send the
dnsc �
e-mail and his or her response to other Board members for information only.
G. Board Electronic Communication with Staff: This subsection reiterates the basic rule that
communication to Board members is to be done exclusively via their designated District e-
mail addresses.
H. District Electronic Communication with the Public: This subsection discusses the ways in
which staff will post information on the District's Web site regarding Board meetings,
including making agendas, minutes, and staff reports available to the public. It also discusses
how staff may post responses to questions or comments about District business made in
Internet forums. Lastly, it describes how a Board member may request staff to respond to a
question or comment received by e-mail or made in an Internet forum.
R-05-85 Page 4
Section IV. Web Site
This section describes how the District uses its Web site to provide information to the public.The
Web site is maintained by the Public Affairs Department in conformity with its administrative Web
maintenance plan. The Web site is also restricted to District business use.
Section V. Specific Procedures
A. Retention of E-Mail: This subsection is typical of e-mail policies adopted by most public
agencies. E-mail generally differs from traditional written communication because it is often
conversational, informal, and intended to be transitory (that is, not retained). As a result,the
Policy makes it clear that e-mail is not intended to be a permanent storage medium and
should be routinely and regularly deleted. This Policy will help minimize or avoid disputes
over whether all e-mail needs to be retained, which would create administrative and logistical
challenges. Adopting such a policy and implementing it consistently greatly reduces areas of
potential conflict about whether such messages are retained in the ordinary course of District
business and minimizes arguments that e-mails have to be retained for many years.
If a Board member wants to retain an attachment to an e-mail, or finds that retaining a
particular e-mail is necessary or appropriate in carrying out his or her duties,the Board
member should either print out a hard copy and then delete the message, or transfer the e-
mail and/or its attachments to an electronic file specifically designated and used solely for
District business.
As with e-mail addresses,this Policy will help protect the privacy of Board member's home
and business computer files. District business electronic files should not be commingled with
a Board member's personal or business files.
District staff is also available to assist Board members in setting up a District business
electronic file in conformity with this Policy.
B. Public Records Act: This subsection reflects the requirements of the Public Records Act. If
a Board member receives a request for disclosure of records,the Board member should
preserve all District electronic documents and contact the District General Counsel or Clerk
concerning the request.
C. Confidentiality. This subsection cautions Board members that certain electronic information
they receive may be confidential and should not be distributed to others not authorized to
view it. Common examples include attorney-client communications,personnel matters,or
information relating to labor negotiations. The District's General Counsel should be
consulted in the event of any questions about whether a conununication is confidential.
Section VI. Compliance with this Policy
This is a typical reminder that compliance with Board policy is the responsibility of every user of the
District's e-mail and electronic communications systems.
R-05-85 Page 5
CONCLUSION
After thorough discussion, it is LFPAC's recommendation that this Policy be adopted. The
Committee has had a very extensive discussion about the pertinent issues. We believe this Policy
strikes the right balance between effective communication with staff and the public, insuring
compliance with applicable laws, and protecting the legitimate privacy interests of Board members.
Submitted by:
Legislative, Finance and Public Affairs Committee
(Directors, Hanko, Cyr and Nitz)
Contact Person:
Legislative, Finance and Public Affairs Committee
Chair, Nonette Hanko
Attachment: Midpeninsula Regional Open Space District Electronic Communications Policy
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Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
ELECTRONIC COMMUNICATIONS POLICY
I. Purpose: Use of electronic media is necessary and useful for District Board members and
staff in order to improve communication and efficiently perform their District duties. The
purpose of this policy is to insure the proper use of District electronic media and to set out the
policy the District and Board members will follow when using electronic media and the
District's electronic communication system. This policy will also insure that use of District
electronic media complies with applicable law, including the Public Records Act and Brown Act.
This policy shall be observed and administered by District staff in compliance with the District
Electronic Communications Systems Use and Access Policy. This policy is applicable to all
users of the District's electronic communication systems.
11. Definitions
A. District's Electronic Communication System—District-owned devices or products
designed to electronically process, transmit, or store information such as computers,
printers, modems, data files, and electronic mail ("E-mail").
B. User—a Board member, employee, contractor, consultant, volunteer or any other person
who uses the District's electronic communication system.
C. E-mail—electronic text or visual communication, including its attachments.
D. Electronic Media—a method for processing or transmitting information in electronic
form, including E-mail, software programs and the Internet.
111. General Procedures
A. Protocol for Electronic Communications. E-mail by nature represents and reflects
upon the District's public image and integrity. Users should insure that their messages
are respectful, professional, and are consistent with District policies. E-mail should be
written in the same professional and respectful manner as communications sent or
received via written channels.
B. No Use of Personal E-Mail. District Board members and employees shall not use their
home or business E-mail accounts or addresses for any communication pertaining to
District business. Board members should communicate with the public and staff solely
via their designated District E-mail addresses. Board members shall not commingle E-
mail pertaining to District business with their home or business E-mail.
C. Electronic Communications between Board Members Concerning District Business.
Communications from a Board member to another Board member or members
concerning District business should be "one way" and marked "For Information Only—
No Reply Requested."
D. Electronic Communication by a Quorum of the Board or a Board Standing
Committee. A majority of the members of the Board, or, in the case of a Board Standing
Committee regarding matters within the Committee's jurisdiction, shall not send or
exchange facts about or engage in discussions regarding District issues via E-mail or on
the Internet, including chat rooms, news groups, on-line forums or list serves
(collectively referred to as "Internet forums").
E. District Staff Response to Electronic Communications from the Public. The District
will answer all communications to its designated E-mail address (infoLq&pensp ace.org).
Correspondence to info r, i)openspace.or will be checked each business day and questions
routed by a designated Public Affairs Department staff member to the appropriate
department for an answer. Questions will be answered in a timely manner. If the
District's answers to individual constituent questions are relevant to and impact a larger
group of constituents, the District may post the question (without naming the author) and
answer on the District's Web site in the Q&A section at
www.openspace.or,,/about us/faqs.asp. E-mail addressed to individual staff members or
to a department should be treated as written business correspondence.
F. Board Electronic Communications with the Public. The public may electronically
communicate with the Board through the District's Web site at:
www.openspace.org/abo tit us/board of directors". E-mail from the public addressed
to the District in general or to the Board of Directors will be treated as a written
communication pursuant to Section 1.48 of the District's Rules of Procedure. E-mail
addressed to the Board will be forwarded to the District Clerk for preparation of a draft
response for Board consideration.
E-mail addressed to one Board member may, at his or her discretion: 1) consider it an
individual communication to which he or she may respond; 2) ask that it be treated as a
written communication; 3) inform the Board of it during Informational Reports; or 4) ask
that it be forwarded to the full Board as part of its information packet at the next available
Board meeting. Such E-mail may also be forwarded to staff for response as set out in
Section H. When a Board member responds to individual E-mail, he or she may forward
his or her response and the individual E-mail to other Board members or staff in
conformity with this Policy. If such E-mail is forwarded to the entire Board, a copy shall
be sent to the District Clerk.
G. Board Electronic Communication with Staff. Board members shall communicate with
District staff solely via their designated District E-mail addresses.
H. District Electronic Communications with the Public. District staff will post official
information on upcoming and prior district meetings, workshops and events on the
District Web site, including agendas, minutes and staff reports. Prior agendas, minutes
and staff reports will be posted for the current and prior calendar year.
Electronic Communications Policy Page 2
Limited staff resources do not allow the District to answer questions or respond to
comments made in Internet forums. The District will post answers to such questions on
its Web site if the questions are deemed important by a Board member or by District
staff.
If a Board member desires staff to prepare a response to a question or comment received
by E-mail or made in an Internet forum, the Board member may forward the question to
the General Manager and request that staff prepare an appropriate response in a
reasonable period of time. If preparation of a response will require significant staff time
to research or draft the response, an interim response will be sent as soon as possible
acknowledging receipt of the inquiry and informing the sender that a response is being
prepared.
IV. Web Site
A. District Web Site. The District uses the Web site to disseminate information to the
public about the District, official business of the District's Board of Directors and District
preserves. This information shall be published and maintained by District staff in the
appropriate department relevant to the information presented. Files made available
through the District Web site shall be consistent with the District Web publishing
templates, and the Privacy and Terms of Use Policy. The Public Affairs Department is
the primary point of contact for inquiries regarding District information disseminated
through the Web site, in addition to being the point of contact for any media inquiries
through the Web site. The Web site should be maintained in conformity with the
District's "Web Strategy and Maintenance Plan."
B. Web Site and Internet Services—For District Business Purposes Only. The District's
Web site and Internet connection exists solely for the purpose of conducting District
business and is not intended for personal use.
C. Prohibited Uses. Electronic communications systems of the District are not to be used
in any way that violates any District policy, including this Electronic Communications
Policy.
V. Specific Procedures
A. Retention of E-Mail. E-mail is intended to be a temporary medium of transmission of
communication and should not be used for permanent storage of records. Because E-mail
should not be used for permanent storage, E-mail is deemed to constitute preliminary
drafts, notes, or intra-agency or interagency memoranda that are not retained by the
District in the ordinary course of business. If a Board member desires to retain
information received by E-mail, the information should be either printed as a hard copy
and then deleted, or transferred to an electronic file specifically designated and used
solely for District business purposes. The District Clerk and General Counsel are
Electronic Communications Policy Page 3
available to assist users in determining how to address questions concerning the
application of these procedures.
B. Public Records Act. District records, whether paper or electronic, are governed by the
public disclosure requirements of the Public Records Act. Disclosure may be required
regardless of who sends or receives a communication or document. In the event that the
District receives a request for disclosure of District records that includes E-mail, the
person responsible for the requested records must use his or her best efforts to preserve
all District E-mail covered by the request until it is determined whether the E-mail must
be disclosed. The District Clerk and/or General Counsel must be contacted concerning
any request for disclosure of any District records applicable to E-mail or other electronic
records of any user Subject to this policy.
C. Confidentiality.
1) California law requires that certain information be treated as confidential and not be
distributed to others inside or outside the District who do not have authorization to
view such information. Board members may occasionally receive confidential
electronic information. Some examples of confidential information are: personnel
records, internal investigations, information relating to litigation or potential
litigation, attorney-client communication, information relating to labor negotiations,
or information relating to confidential real estate negotiations. When Board members
receive confidential information, it should be marked "Confidential Information" so
that Board members are alerted to the nature of the information.
2) Confidential information should not be sent or forwarded to individuals or entities not
authorized to receive that information and should not be sent or forwarded to District
employees not authorized to view such information.
3) Board members and employees shall exercise caution in sending confidential
information by E-mail as compared to written memoranda, letters or phone calls,
because of the ease with which such information can lose confidentiality by
inadvertent or intentional diversion or re-transmission by others.
4) The District's General Counsel should be contacted concerning any questions about
whether a communication is confidential.
V1. Compliance with this Policy: It is the responsibility of every user to insure that they are in
compliance with this Electronic Communications Policy.
Electronic Communications Policy Page 4
Regional Open Space
a
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-05-83
Meeting 05-17
July 27, 2005
AGENDA ITEM 2
AGENDA ITEM
Procedural Recommendation for Assignment of Agenda Topics to a Board Standing Committee
DIRECTOR HANKO'S RECOMMENDATION
Discuss and direct the Legislative, Finance and Public Affairs Committee to draft a proposed
amendment to the District's Rules of Procedure for assignment of agenda topics to Board
Standing Committees.
DISCUSSION
The District's Rules of Procedure outline the process for placing an item on the agenda for
discussion at Regular and Special Meetings of the Board of Directors (see Attachment A, Rules
• Board member or Board
o Procedure), The Rules o Procedure state under Section 1.30. Any Boa
.f ) .f
appointed staff member may place a matter on the agenda for Board consideration." The Rules of
Procedure further state: "No action or discussion shall be undertaken [by the Board] on any item
not appearing on the posted agenda by the Board..." This is also in accord with the Brown Act,
which limits discussion of non-agendized items to brief reports or questions.
have been instances in which a Board member has suggested that an item be
Recently, there y, gg
discussed by a Board Standing Committee. Although there are rules on how meetings of
standing committees should be noticed, and what their agendas should include, there are no
specified provisions in the Rules of Procedure or any other Board approved document which
specify the procedure for placing an item on a Board Standing Committee agenda.
Assignments to Board Standing Com
mittees often involve a substantial amount of staff time
being spent gathering information, analyzing and/or preparing maps or documents not previously
approved by the Board. Please note that unapproved assignments would also be inconsistent
with the Board's adopted Guideline for Board-Staff Working Relationships (see Attachment B),
which refers, in Items A. 1. and A. 4., to the desire of the Board to allow staff to focus on the
projects assigned in the annual Action Plan, unless the majority of the Board feels that District
staff should work on another project. In such case, the General Manager should inform the entire
Board of the impact of such Committee assignments on other projects. The Board can, therefore,
make a fully informed decision and give direction to the General Manager on the priorities of the
Board.
R-05-83 Page 2
1 feel it is important for the Board to consider adopting a procedure for assignments to Board
Standing Committees which can be incorporated into the Rules of Procedure. As Chairman of
the Legislative, Finance and Public Affairs Standing Committee (LFPAC), I am asking that this
be assigned to LFPAC for a report back to the Board on proposed amendments to the Rules of
Procedure. In the interim it would be helpful if no assignments be sent to Standing Committees
without an agendized Board discussion.
i
ATTACHMENT A
� RULES OF PROCEDURE �
Section
�
l.|O REGULAR MEETINGS
Public Resources Code § B35 �
� Regular Meetings of the Board of Directors of the Midpeninsula Regional Open Space District shall be �
field on the second and fourth Wednesday o[each month ot the hour of7:30p.m. Meetings shall hc held ai
such place or places within the District as shall be determined by the Board of Directors. /\majority ofthe
members of the Board may cancel n meeting for cause or call the regular meeting for u different date nr �
time. At least 72 hours before a regular meeting,the agenda for the regular meeting containing the time and �
location for the meeting and a brief description o[each item of business tobe transacted or discussed at the
mccdng, including items tobcdiscussed io closed session,shall be posted inn location that infreely
accessible to members ofthe public. |furegularly scheduled meeting occurs on the evening preceding
Thanksgiving or Christmas Eve or on a holiday,the regular meeting shall be rescheduled or canceled.
1.12 SPECIAL MEETINGS
Special meetings may be called at any time by the President or at the request of a majority of the members
o[the Board. Except in the case of an"ernergency situation"as defined(Government Code § 54956.5),
written notice of such meeting shall be posted in a location that is freely accessible to members of the
public and delivered personally or by mail to each member of the Board and to each local newspaper of
general circulation at least 24 hours before the time specified for the meeting in the notice,provided that,
unless otherwise provided by law,the failure to give nrreceive notice uho)| not affect the validity ofany
action taken ut the meeting. The notice shall specify the time and place of the special meeting and the
� business to be transacted,which shall be determined by the Board or by the General Manager in
consultation with the President. No other business shall hc considered,g the meeting. The agenda for n
� special meeting at which action is proposed to be taken on an item shall provide an opportunity for
� members nf the puNic(odimcr|yoddose the Board conccmin&that item prior,oacdonin the itom �
� � �
� 1.14 Murr/NGmTmmxPUBLIC
�
Public Resources Code § 5535.
� All meetings of the Board of Directors shall, as provided by law, be open and public and shall be conducted
� in accordance with the Ralph M. 8novvn Act o[the State ofCalifornia. (Government Code y 54950rxouq..
the Ralph M. Brown Act.)
1.16 Qrpmuww
Public Resources Code § 5535.
At any meeting of the Board a majority of the Directors shall constitute a quorum for the transaction of �
�
business. When there is no quorum,the Pmsident, or Vice-President, or District Clerk or any other
member of the Board n[Directors,shall adjourn such meeting.
� 1.18 BmwmzNs
It shall be unlawful for any person to smoke at any time at the meetings of the Board of Directors.
� 120 LmGIS/A,cvE Bonv
Public Resources Code 05537.
The Board of Directors is the legislative body of the District and shall determine all questions of policy.
122 Board nf Directors: Election nYOfficers
Public Resources Code 85535.
At the first regular meeting in January of each year,the Board of Directors shall choose one of its members,
President,and another Vice-President,who shall act for the President in his/her absence or disability. The
�
Board shall choose one of its members Nserve as Board Treasurer and another mserve as Secretary.
| Each officer shall hc voted ooseparately. Elections shall hoby signed ballot and counted by the District
Clerk. The candidate receiving a majority of the vote of the members of the Board shall be elected. After
the election,the ballots shall bc available for public inspection.
124 DUTIES ov THE PRESIDING OFFICER
Public Resources Code § 5548.
� The President, or in his/her absence,the Vice-President, shall be the presiding officer nythe Board and
� shall assume his/her place and duties as such immediately following his/her election. The presiding officer
shall preserve order at all meetings of the Board, announce its decisions on all subjects,and decide all
questions oforder, subject mau appeal m the board. S/he shall participate iu debate,make motions,and
vote on all questions ao other members of the Board.
The President shall sign all ordinances, resolutions,contracts and conveyances on behalf of the District
after they have been approved by the Board,shall sign financial instruments as appropriate, and s/he shall
perform such other duties ms may be imposed upon him/her by tile Board.
|n the absence oy the Prcxidont or �huYicc-Pr sidukobuUpn,��nn �
. . . �
all the powers and duties o[the President. If both the President and Vice-President are absent mv unable m
act,the Board may select a president pro tenipore who shall perform all the powers and duties of the �
President.
\ 26 |�mceywr�mmcmmmm�� �
Robert's Rules of Order shall be followed as interpreted by the presiding officer, subject to an appealto the �
Board.
�
� 127 BOARD TREASURER
� The Treasurer shall be a member of the Budget Committee and shall sign financial instruments as
appropriate. �
128 0oAmu8mcuaTAav �
Public Resources Code y555| and 5552.
� Unless otherwise directed by the Board,the Board Secretary shall countersign all ordinances and
�
resolutions and the District Clerk shall countersign all contracts and conveyances approved by the Board. �
In tho absence of Sccretury, or in the event ofhis/her inability u/act,the Board may select a secretary pro �
� tcmpon:whoshoUporKnnnoUthedudcoo[8cor�ary� �
� �
� 1.30 AsrNx*
�
� All reports,ordinances, resolutions and other matters intended tobc considered by the Board m its regular
meeting shall be delivered nmthe District Clerk no later than 5:00pm. on the preceding Wednesday for
material requiring typing nr other preparation,and not later than 5:00 pm. on the preceding Thursday for
material requiring reproduction only. �
�
� Any Board member or Board appointed staff member may place a matter on the agenda for Board
� consideration. The District Clerk shall prepare the agenda according N the order uf business usdetermined
by the General Manager. A copy of the agenda and all available supporting materials shall be mailed by
5:00 p.m. on the Friday preceding each regular Board meeting or delivered by 7:00 p.m. on the Saturday
preceding each regular Board mecdog Supplementary �
� �
that time, provided the matter refers m an already agendized item.
Agendas will be available with no charge upon request to public officials, newspapers in the District,and
members of the public xi the District office by9:O0u.m. onthe Monday preceding the regular meeting. �
Agendas will be posted in a location that is freely accessible to members of the public at least 72 hours
before u regular meeting mmleast 24 hours before nspecial meeting.
Supporting materials(reports, memoranda,resolutions, nonconfidential written communications to the
Board,and other informational materials not previously published or distributed)may be obtained upon
request by public agencies, newspapers in the District and members of the public ur the District office hy
9:00 um. on the Monday preceding the regular meeting,and 24 hours before uspecial meeting.
Written materials distributed during a public meeting by any person in connection with a matter subject to
discussion or consideration shall be made available for inspection at the meeting if prepared by District
staff orbya member n[the Board,or immediately after the meeting if prepared by some other person.
Absent extraordinary circumstances,communications to the Board from members of the public shall be
dccmednonconfidcodu|. A memorandum from the General Manager explaining the justification for this
�
decision"not to distribute materials to members of the public"shall accompany the written
cornmunications when sent to the Board. There will be no charge for the materials if available;otherwise
�
the cost nf reproduction*iU be charged. �
No action or discussion shall be undertaken oil any itern not appearing on the posted agenda by the Board, �
provided that matters deemed to be of an urgent nature by a two-thirds vote of the Board,(or, if less than �
two-thirds o[the Board members are present aunanimous vote of those members present)with on
explanation stated as to tile urgency,may be acted upon. (See also Government Code § 54954.2.) �
1.32 8oma�m�p��w�rmM��mT��� P��T�a|��m �
� �
Members of the public may subscribe oil an annual basis to receive agendas,or agendas and minutes,or �
� o�cnduo, minutes and muppo�ingmaterials uo defined inSechon 1.30. 8ubxcriphonfees vvi||hc waived for
�
�
� members of the press, Board members-elect, Board candidates,and former Board members for a period of �
six months following their leaving office. Charges for public subscriptions will be adopted bythe Board
from time totime.
� 1.40 ORDER VpBUSINESS
� The order of business shall be determined by the General Manager for the purpose of preparing meeting �
� o&cndao, using the following format, unless in the General Manager's opinion,o different order would be
� more appropriate:
� |. Roll Call
2. Pledge nf Allegiance(see Section 142)
� 3. Oral Communications
4. Special Orders nfthe Day
� 5. Adoption nfAgenda
� 6. Adoption o[Consent Calendar
7. Approval of Minutes(Consent Item)
� 8. Written Comm Lin icm ions(Consent Item)
y. Unfinished Business �
� 10. Public Hearings
� |i Board Business
12. Informational Rcponn--Di rectors and Staff
� |l Revised Claims(Consent Item) .
N. Closed Session
� 15. Adjournment
The order of business as set K/nh in the meeting agenda shall not be departed from except by consent ofthe
majority o[the Board.
141 ROLL CALL
Before proceeding with the business of the Board,the District Clerk or minute taker shall call the roll of the
�
�
Board of Directors, and the names of those present shall be entered into the minutes.
\/Q PLEDGE onALLEGIANCE
The Pledge of Allegiance shall be recited at the first meeting of July, and a special presentation shall be
made at that time.
� 1�43 ORAL COMMUNICATIONS—PUBLIC
� Members of the public may address the Board under the category Oral Communications during meetings on
any matter not on the agenda concerning the affairs of the District. The presiding member nf the Board
may limit presentations of speakers under this section to three minutes. If the Oral Communications
category exceeds fifteen minutes,the President,with the approval of the Board, may delay additional oral
communications mo designated dmc later in the meeting. Members uy the public may address the Board
on any agenda item when that item is considered hy the Board.
Absent extraordinary circumstances,the Board will not discuss oral communication items unless the
communication relates touni»cm appearing un the agenda for that meeting. The Board may briefly
respond,as questions for clarification, provide information resource references, request staff to report back
� mu future meeting, or place the item on the agenda o[a future meeting.
� &member n[the public may request under oral communications that an item be removed from the consent
�
ou|undm.
1.44 SPECIAL ORDERS o,THE 0uV
Any Board member or Board appointed staff member may schedule special proscntzoioos, introductions or
other activities deemed appropriate to this category, which shall be placed on the agenda by the District
Clerk.
�
1.45 ADOPTION mvAGENDA
The Board shall determine the order n[business N be considered u/regular meetings, including placement
of items removed from the consent calendar,and shall adopt tile agenda, with additions or deletions. Only
items of an urgent nature may be added to the agenda at this time, provided that any action be taken
� pursuant N Section |]0.
�
� 1.46 ADOPTION vxCoNwoNrCALmwmAm �
� The following items shall nonoaUybc included on the consent calendar: l)approval o[minutes; 2)whnen
�
communications; 3)agenda items that the General Manager deems do not require Board discussion;and
� 4)/cvised claims.All items ou the consent calendar shall be approved by one motion unless urequest is
� made byuBoard member to remove an item from the consent calendar for separate discussion./\numho
of the public may request under oral communications that the Board remove an item from the consent
� calendar for separate discussion.
�
1.47 APPROVAL wp MINUTES(CONSENT ITEM)
Unless removed from tile consent calendar by a member of the Board or the public,the minutes of the
� previous Board meeting(s)shall be approved without reading during the adoption of the consent calendar,
� provided that the District Clerk has previously furnished each mernber of the Board with a copy.
�
l48 ��a/TTs��o�momzcx�zo��VCn�sc�TUramo
� �
� The District Clerk is authorized m receive and open all nmi) addressed*otile Board o[Directors from �
� members of the public. Any such written communication addressed to the Board shall be reproduced and
�
distributed indhenc/u regular mailing tn(hc8omd members and mm�mh�m ,of who have
°
� requested supporting materials(see Section 1.30).
� All written communications, unless they/e}mc W an item on tile agenda,must he received no later than 5i0
� p.m. on the Tuesday the week preceding a Board meeting in order to be distributed with the agenda and
supporting materials and considered by the Board at the forthcoming meeting. If, in the opinion of the
�
�
General Manager,a written communication should not be distributed with the agenda and supporting
materials without a draft response,which has yet to be prepared,the written communication may be
distributed later, but no later than at the forthcoming Board meeting. Written communications not directly
related to an item on the agenda received after the 5:00 p.m.Tuesday deadline may be distributed with the
agenda and supporting materials and considered by the Board at the forthcoming meeting if, in the opinion
of the General Manager,time is of the essence for consideration of the written communication by the
Board. Written communications directly related to an item on the agenda will be accepted for distribution
up to 3:00 p.m. on the day of the meeting. Written communications directly related to an item on the
agenda but received after 3:00 p.m. on the day of a meeting must be accompanied by thirty copies for
distribution in order to be considered by the Board as written communication at the meeting.
Draft replies to written communications which have not been considered by the Board may be submitted
with the written communication, provided such draft replies are labeled as follows: "Draft Response
prepared by Staff." Any member of the Board may request that such written communication be placed on
the agenda as an emergency item in accordance with Section 1.30 for consideration by the Board.
The Board shall consider the recommendation of the General Manager and determine whether a written
communication shall be placed on the agenda in accordance with the procedures of Section 1.30,
considered in connection with an item already on the agenda,and/or referred to a committee,a Director or
staff for simple acknowledgement,response or draft response or shall determine that an adequate response
has been made.
A written communication addressed to an individual Director may, at the discretion of the individual
Director,be considered a personal letter,a written communication or may be relayed to the members of the
Board as an informational item.
Members of the public may read written communications into the District's record during oral
communications at a regular meeting and offer explanations of any such document. The presiding member
of the Board may limit presentations of the speakers, including the reading of a written communication,to
three minutes. Written communications received at a regular Board meeting shall be reproduced and
distributed to absent Board members and to members of the press who have requested supporting materials
no later than the next regular mailing to the Board. Written communications which are distributed to the
Board at a time other than a regular mailing shall be distributed to members of the press who have
requested supporting materials within two working days of when they are sent to the Board. Written
communications accompanied by an extraordinary quantity of attachments may,at the discretion of the
General Manager, be duplicated and distributed with some or all the attachments excluded. The General
Manager shall note on the written communication or in an accompanying memorandum that the entire
written communication, including attachments is available at the District office for public review. The
General Manager shall determine the most appropriate method for presenting the attachments to the Board
of Directors. Copies of the excluded attachments will be made available on the same basis as any other
public record.
1.49 UNFINISHED BUSINESS
When a regular meeting is adjourned before the completion of the agenda,all unfinished items shall be
listed under Unfinished Business on the next regular Board meeting agenda,at the discretion of the General
Manager or unless otherwise designated by a majority of the Board.
1.50 PUBLIC HEARINGS
Any matter which, in the opinion of the Board of Directors, President,or General Manager requires notice
to and response by members of the public may be placed on the agenda under this category.
1.51 BOARD BUSINESS
These are business items being presented to the Board for consideration that do not fall under the category
of Unfinished Business(see Section 1.49).Action in the form of an ordinance,resolution, motion or
direction to staff may be required for items in this category.
�
�
1j2 INFORMATIONAL 0mvouTa--D/mocrou*AND STAFF
| Informational, short reports by Directors and staff members onhononf interest m the District may he given
! under this category.No action is expected but could occur at a regular meeting with a vote as required by
Section 1.30.
1.53 REVISED CLAIMS(CwNmuNrCALuNnAa)
Public Resources Code § 5547, 554422 and 554Omamended.
No claims against the District shall be paid unless the same shall be first approved by a majority of the
� Board muo meeting thereof. Payment ofemployees' salaries and fringe benefits and other recurring claims
| may hc authorized by the Board nnun annual basis.
1.54 CLOSED SESSIONS
The Board may hold closed sessions from which the public may be excluded for the consideration of the
following subjects:
! \. Appointment, employment,evaluation of performance, or dismissal ofun employee ork`
|
hear complaints cx charges brought against anemployee
2. Labor negotiation matters
J. Proposed or pending litigation
4. Real property transactions
i Matters embraced within tile attorney-client privilege
6. Any other matters exempted hy law(See Government Code § 5495Oc\xcq,the Ralph K4.
Brown Act).
� Items to be discussed in closed session shall be listed on the agenda for a regular or special meeting. A
closed session itern of an urgent nature not listed on the agenda may be added to the agenda provided that
any action taken he pursuant*o Section |.]0.
Prior to holding any closed session,the Board must disclose, in an open meeting,the item or items to be
discussed in the closed session. The disclosure may take the form of a reference to the item or times as they �
are listed by number or letter on the agenda.The Board may consider only those matters covered inits �
statement during the closed session.
�
After any closed session,tile Board shall reconvene into open session prior to adjournment and shall
publicly report any action taken in closed session and the vote or abstention o[every Board member
present. These reports may bc made orally orinwriting.
�
Copies of any contracts, settlement agreements,orNhodocumrnMthu were finally approved oradopted
in closed session shall be made available to any persons requesting such documentation. The requested
�
documentation will be ovni|oh|c m the end nf the closed session in which the final action was taken unless
substantive amendments require retyping, in which case the documents will hr available when the retyping �
is complete. �
1.60 M���mTaw �
� �
Minutes of Board meetings shall bu kept by the District Clerk. The District Clerk or his/her designee shall
make a record together with sense minutes of such business as was actually passed upon by a vote of the
Directors. A record shall be made of the names and addresses of persons addressing the Board,the subject �
� matter to which their remarks related and whether they spoke in support or opposition to such matter. The �
District Clerk shall he responsible for preparing and causing u copy oythe minutes to be considered for
approval to be forwarded to each Board member in the next regular mailing or as soon thereafter as
� possible.
� Minutes of meetings tohe considered h/ropprova|mhu|heuvoi|o6|o*ithou charge upon request Wpublic �
officials, newspapers within the District,and members oy the public ot the District office us soon os
�
�
i
available following Ile meeting.
The official Board-approved minutes of a meeting shall consist of at least two separate documents: l)du
copy of the proposed minutes forwarded to the Board for their consideration and approval,and 2}uny
� additions nr corrections to the proposed minutes made by the Board during the approval nramendment
process and recorded in the approved minutes of the subsequent Board meeting.
1.70 BOARD ACTION
Public Resources Code § 5547, 55442 and 554Oouamended.
A majority vote of all of the members of the board shall be sufficient of the taking of Board action or the
� conduct of business except where action io required tnbe taken by^K/ur-Ofthoof the members ofthe
| District Board"or a"two-thirds vote of the Board"or language of similar import.
Action of the Board of Directors shall be taken by ordinance, resolution, or a motion duly recorded in the
minutes of the meeting. The ayes and noes shall be taken upon the passage of all ordinances,resolutions or
motions and entered into the minutes ofthe 800n|.
� &n ordinance or resolution shall not bc passed orbecome effective without the affirmative vote ofot least u
� majority of the members o[the Board. �
The enacting clause ofall ordinances passed by the Board shall be in these xmniu: "Be it ordained by the
Board of Directors of the Midpeninou|a Regional Open Space DiurricL^ �
All ordinances and resolutions shall be signed by the President of the Board and countersigned by the �
0novd Secretury,and all ordinances mhu|| be published once within thirty(3O)days after adoption in u �
newspaper n[general circulation prinrcd, published and circulated in the District.
1.80 COMMITTEES om THE BOARD
Upon passage ofumotion byu majority nf Board memhers in open session ouu regular orspecial meeting, �
standing or ad hoc committees composed of less than a quorum of Board members may be established and
members appointed for the study of specific matters and advice to tile Board. &d hoc committees are
temporary committees established to accomplish n specified task,and do not have permanent subject matter
� jurisdiction. Standing committees have ongoing and permanent subject matter jurisdiction. The presiding
�
officer of the Board shall appoint the committee members with the consent of the Board. The President of
the Board oho||not serve on any standing committee,except usa voting alternate. The President may serve
onad hoc committees. The presiding officer may appoint a Board member to serve as a voting alternate on
any committee. �
� 1.81 STANDING COMMITTEES
� The following shall be standing committees of the Board:
� 'Administration and Budget Committee
'Legislative, Finance and Public Affairs Committee
-Use and Management Committee
� 'Real Property Committee
Three Board members shall be appointed to serve on each standing committee.
Appointments to the Administration and Budget Committee shall normally he made ur the fintregular �
�
meeting in January.The Treasurer shall be one of the three members of the Administration and Budget
Committee.
Appointments 10 other standing committees shall be made utthe fintregular meeting following the meeting
ou which officers ofthe Board are elected.
�
| 1.82 STANDING COMMITTEE MEETING NOTIFICATION
| Agendas for meetings of standing committees of the Board shall be posted in a location that is freely
accessible oo members of the public ou least 7Z hours before the meeting. The agenda shall include the time
and location for the meeting and u brief description o[each item of business 0obc transacted or discussed ut
the meeting. Whenever possible, notices of standing committee meetings xhoU also be listed in advance on
agendas for regular orspecial Board meetings. Agendas for standing committee meetings yhu||be
forwarded to each person who usually receives an agenda for regular meetings and to each person who has
requested nodficutinnof meetings ofu particular committee.
� 1.83 BOARD/kprozNTmxsmrmTo OUTSIDE COMMITTEES
� With the consent of the Board,the presiding officer of the Board may appoint a member to serve as a
Board appointee one committee, commission,board nr other body that iu not o committee of the Board.
1.90 PUBLIC RECORDS
All public records o[the District shall be open topublic inspection during District office hours Monday
through Friday 6nmV:OOom. to l2:OO noon and from l:OOp.m. to5:O0p.m. holidays excepted. Uo|Noya
observed by the District are New Year's Dmy, Martin Luther King Jr. Doy, Presidents Duy, Memorial Day,
Independence Day, Labor Day, Veterans Day. Thanksgiving Day, the day after Thanksgiving, the last four
hours of last workday preceding the Christmas Day observance and Christmas Day. If a holiday falls on a �
Sunday,the holiday shall bc observed on the following Monday.
1.95 COMMUNICATIONS FROM INDIVIDUAL DIRECTORS
Any written communication from u Director tnthe public or Board in any way related tothe Director's
capacity uounelected District official xhn||be distributed/uthe Board as apub|io infbnnudoou| item by the
Director unless i,is made clear in the communication that the communication is the opinion oythe Director �
and not u Board position.
2.00 RECORDING wpMEETINGS �
Tape recordings of Board meeting shall be made by District staff solely for the purpose offacilitating the �
preparation of the minutes of the meeting(see Government Code § 6252). Each tape recording ofoBoard
meeting may he erased six weeks after the approval of the minutes n[u Board meeting.
� /\nypomonuu h record �
� �
audio or video tape recorder or a still or motion picture camera in the absence of a reasonable finding n[the �
Board that such recording cannot continue without noise, illumination, or obstruction of view that
� oonmituteo.or would conmi(ute, upcmimm� Jiorup*i000f,hcpnncecding(]ovcrnmentCodc § 54g53�5)� �
� �
2.10 CANDIDATE'S PACKETS
Informational packets shall hcdistributed atnocharge prior m elections m appointment proceedings to
candidates who have filed for Directors' seats.
2.12 UNOPPOSED CANDIDATES AND CANDIDATES' STATEMENTS �
In the case where there is a single candidate qualified to appear on the ballot, such candidate shall be �
permitted to have his or her name on the ballot(Public Resources Code § 5532(e))at no cost to the
candidate. If such unopposed candidate requests that his cv her candidate's statement hc included in official �
�
election material distributed to voters,the District shall bill such candidate for the costthereof, including �
costs related 0o Spanish translation.
In those wards where two or more candidates have qualified to appear on the ballot,candidates' statements
of qualifications,(und, if provided by the respective county for county candidates, Spanish translations of
candidates' statements for those requesting them)uptou maximum of200 words, shall, i[requested, be
provided by the District ot its expense pursuant to the Elections Code ofthe State o[California,and that nn
such candidate shall be billed for availing himself or herself of these services.
2.15 ANNUAL D/mccVsuasSTATEMENTS
Annual disclosure statements required by the Fair Political Practices Commission shall be distributed to
designated employees by the District Clerk and nhuU be returned to the District Clerk byApril | of each
calendar year.
220 FEES CHARGED FOR SPECIAL MAILINGS
! Reasonable fees may hc charged by the General Manager for reproducing and mailing materials onspecial
projects.
2.30 COMPENSATION op DIRECTORS AND pmvmuNToxEXPENSES
Public Resources Code § 5536 and 5536.5.
Members of the Board shall receive one hundred dollars(S 100.00)for each attendance at a Board meeting.
&Board meeting includes aspecial meeting,ucon(inued meeting,ac|ooed ocmmion.m public hearing,oru
� meeting of a standing committee of the Board.Attendance at an ad hoc committee meeting shall be
compenomb|c when determined/obcvoby the Board. Only Board members who are members ofthe
committee,or authorized substitutes appointed by the presiding officer, may be compensated for attendance
*the meeting. &committee of the Board includes o committee of one and Board-appointed
representatives on a committee established by other organizations. The maximum total compensation per
Board member allowable under this section shall be one hundred dollars($100.00)per day and five
hundred dollars($5OO.0O)per calendar month.
|
235 FISCAL YEAR
Beginning in |989.the District's fiscal year shall commence onApril I and conclude oo March 3|.
2.40 FINANCIAL INSTRUMENT SIGNATORIES �
A. The authorized aignomriny\ochcckn,*oroznts.nidhdrunu| app|ioouinnounddhcSanta Clara County
claim forms of the Midpeninsula Regional Open Space District for payroll or for amounts less than
$5,000 shall be any one of the following seven employees: (i)the General Manager,(ii)the Assistant
� General Manager,(iii)the Administration and Human Resources Manager,(iv)the Operations
� Manager,(v)the Public Affairs Manager,(vi)the Planning Manager, or vii)the Real Property
Manager.
B. The authorized signatories to checks,warrants,withdrawal applications and Santa Clara county claim
forms of the Midpeninsula Regional Open Space District in amounts of$5,000 or greater(excluding
payroll)shall be two of the following employees: (i)tile General Manager, (ii)the Assistant General
Manager,(iii)tbc Administration and Human Resources Manager,(iv)the Operations Manager,(v)dhc
Public Affairs Manager,(vi)the Planning Manager, or(vii)the Real Property Manager.
2.50 SAFE DEPOSIT Box
The authorized signature for entrance into the District's safe deposit box im any ofthe following: Ooncro|
� Manager, Assistant General Manager and District Clerk.
�
2.60 CERTIFICATES OF ACCEPTANCE AND AcQtJISITIONS OF INTERESTS IN Low-VALUE REAL PROPERTY BV
THE GENERAL MANAGER
A. 1nuccorduncenithGovcrnmentCodeQ2728|. CertiOou(exn[Acccptancohordccdaorgran/o
� conveying any interest inor easement upon real estate to the District for public purposes shall bc
� executed unfollows:
Certificate of�
Acceptance. The President of the Board of Directors, or, io his or her absence,the Vice
� President of the Board of Directors,or the District's General Manager,are hereby authorized to
� consent to and accept on behalf ofthe Midpcninou|u Regional Open Space District,deeds orgrants
conveying any interest in or easement upon real property to the District for public purposes and to
execute u Certificate of Acceptance ou evidence thereof uo required bylaw.
B. . The General Manager �
�
�
�
|
is hereby authorized m approve the acquisition ofoninterest inm easement upon real property,mun
option to acquire such on imcrcg or easement,on behalf oythe Midpeninsula Regional Open Space
District provided the following conditions are met:
\. The General Manager determines that the acquisition of such interest inoreoaumcmuponrro\
| property is necessary or appropriate in order for the District,o effectively acquire, p|on,maintain
and operate its oyatemnf open space preserves, and that such acquisition io consistent with all
applicable District regulations and policies concerning acquisition of real property;and
]. The purchase price, option prioc, or, in the coac ofugift,the fair market value o[the gift,does not
exceed the General Manager's authority to expend District funds as provided in Section 5549
| (h)(2)ofthe Public Resources Code and as authorized by the Board of the Directors;and
�
3. Prior to the General Manager's approval of an acquisition,the District undertakes all acts required
by law prior to acquiring real property, including compliance with the California Environmental
Quality Act; and
4. After acquisition,the General Manager shall notify the Board of Directors, in writing,of the
� acquisition or option and place upon the Board of Director's agenda at its regular meeting a
Preliminary Use and Management Plan for the real property so acquired. Pursuant to the District's
Public Notification Policy,the General Manager may determine that such Plan be presented to the
Board for final adoption, in the event no public comments concerning the proposed plan have been
received prior/o Board action.
Last amended: February 11. 2004
November 12.2003
October 8.2003
� August |3.20O3
January 2Y.2003
January \O.2OO|
January ||. |995
January 26. 1904
June 18. \oV)
�
�
�
�
�
�
�� � ��
'
`
|
RULES OF PROCEDURE
APPENDIX A
i CLOSED SESSION PROCEDURES AND STANDARD FORMS
|
| At least 72 hours before aregular meeting of the Board of Directors and at least 24 hours before ospecial
meeting,the District Clerk shall post the Board's agenda containing u brief general description of each item o[
business to be transacted or discussed in the closed session. The description should bc consistent with the fbnn
attached am"Standard Form No. |^ The closed session shall also bc listed oil the agenda by number ao"Closed
� Session Agenda Item No.
___~
2. Prior to the closed session,the Board of Directors shall convene in open session.
The Board President shall announce the purpose or purposes of the closed session, state the statutory authority
for the session and state the items mhe discussed in the closed session.
Alternatively,the Board President ouno§r»nthcc|oaudsmmionoa |istedonthcugoodu: "Tho8oardviUho|du
closed session for tile purpose ofdiscussing 'Closed Session Agenda Item l4o.___^'
3. The Board then may adjourn w its closed session.
4, At the conclusion of the closed session,a"Closed Session Minutes and Record of Action Taken"form
(Bumdu,d Form No.2) is prepared by the District Counsel, District Clerk or District General K4uno&or. The
form shall be entered in a Minute Book,which shall be a confidential document maintained by legal counsel.
The Minute Book will be available for inspection by any Board member or other authorized person.
5. Where final action has been taken ona matter in closed session,the Board shall reconvene into public session,
and the President shall made any public announcernents required by Section 54957.1 ut the Ralph M.Brown
Act.
6. Confidentiality is essential ifaclosed session iumserve its statutory purpose. lhen:fbrc. Board members and
staff will adhere ivu strict policy nfconfidentiality. No person may disclose any statements,discussion,
documents, or votes made in a closed session except where authorized by the Board or where required by the
Dn|phM. Brown Act.
STANDARD FORM NO. 1
� CLOSED SESSION AGENDA DESCRIPTIONS
�
Type ofClosed Session Item:
� |. Conference with Real Property Negotiator
� 2. Conference with Legal Counxn|—BxisdngLihgmhon
� 3. Conference with Legal Counxci—Andciputud Litigation
� 4. Public Employment Item
� 5. Labor Negotiations
6. Other—check with District Clerk
Conference with Real PropeLty Negotiato
� Rcu| Property orProperties: Specify street address,or if no street address,the parcel number or other unique
otcn:noc
Negotiating Parties: Specify name of person with whom negotiator may negotiate
Under Negotiations: Specify whether instruction to negotiator will concern price,terms of payment,or both
2. —Govt. Code § 54956.o(n)
�
� A. Name of Case(Identify each case by reference vntitle of case,claimant's nnmc,name o[parties,orclaim
numbers) �
B. If disclosing the case name of existing litigation would jeopardize service of processnrjcopordbenngoing
settlement negotiations:
� Name of Case Unspecified: Disclosure will jeopardize service o[process of ongoing settlement
�
negotiations. �
�
I —Govt.Code O54956.P(h) �
A. When you desire to hold a closed session relating to anticipated litigation that has not yet been �
filed,the agenda description will be: �
� Conference with Legal Counsel—Anticipated Litigation. �
Significant exposure to litigation(specify number uf potential cases)
�
No of cases:
B. lf deciding whether nr not N initiate litigation,the description will be:
ConferunccvvhhLogaCounad—AnioiputedLhignkm.
Initiation o[litigation(specify number of potential cases)
No. of cases:
_. Public Employment �
A. Public Employee Appointment
Title nf Position tnbuFilled:
B. Public Employee Employment, Evaluation orDismissal
Title o[Position Being Filled nrReviewed:
C. Public Employee Discipline, Dismissal orRelease
(No further description necessary)
� 5. Labor Negotiations
A. Conference with Labor Negotiator—Represented Employees
� Agency:
� Employee Organization:
� B. Conference with Labor Negotiator—Unrepresented Employees
� Agency Negotiator: �
Unrepresented cmp|oyco�)or�roup
� :
|
ATTACHMENT B
GUIDELINE FOR BOARD-STAFF WORKING RELATIONSHIPS
� Accepted by Board ofDirectors �
November 2\ l99|
�
Amended April q\ 1992 �
Amended January l|. 1993 �
Amended August 261993
Amended February 14. 1996 �
KrudfirmcdApril 9. l997 �
Reaffirmed January 28. \A98 �
Amended October 25,2004 �
A. General
l. Board members may&oto any staff member for information. If information request requires more than minimal
staff time,the request should be made to the General Manager or Department Manager who shall confer with tile
General Manager.
2. Board members are encouraged to give staff sufficient lead time to fulfill Board requests and,o put important
requests inwriting.
J. Information(except trail conditions)provided from u Board member to staff should be routed through individual
Department Managers or the General Manager.
4. If an individual Board member suggests that staff time be spent on a project not previously approved by the
Board,he/she will contact the General Manager. The General Manager will then make an initial assessment of
� the project,evaluating its consistency with established goals and policies, effects on other projects,and
� availability of staff and financial resources. The General Manager will then communicate the information tuthe
�
� Board and obtain Board approval prior to proceeding with more in-depth assessment nr proceeding with the
� �
project. �
� 5. Management reports and recommendations to the Board should present areas of potential controversy and
�
� concern.
� 6. Board members and management will endeavor not to surprise each other with important information; if a Board
member wants additional information or documentation on an agenda item,the Board member is encouraged to
� contact the General Manager before the Board meeting.
7. Staff will actively support and imp|cmenr Board decisions.
8. The administration of the District is the responsibility of the General Manager. The General Manager will �
advise Board members when he/she feels that any Board member ioattempting to direct the administration ofthe
� District.
� 9. Any Board member will advise the General Manager when he/she feels staff im attempting to direct nr set Board
policy. �
� 10. Management team will set a positive example of Board-staff relations for public and staff.
\\. Board members and staff will respect each other's personal dme.
12. Board members may serve in District volunteer programs under the same terms and conditions as any member /
o[the volunteering public. When volunteering they agree*nconduo/thcmadveonnxmu|dunyNbcrmcm6o,of
|
the volunteering public. They will accept all direction from staff members organizing the volunteer activity.
Staff conducting volunteer activities will treat Board members as they would any other volunteer,and will bring
any difficulties to the Department Manager or General Manager for resolution.
B. Public-Related
I. Board members will refrain from publicly reproving staff members. Any concerns about employee performance
should be discussed privately with the General Manager.
2. The Board shall not prohibit public criticism of its policies,procedures,programs or services,but shall request
members of the public to refrain from personal attacks upon individual staff members.
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-05-82
Meeting 05-17
July 27, 2005
AGENDA ITEM3
AGENDA ITEM
Endorsement of Co-hosting the 2006 Special Park Districts rum ith East Bay Regional Park District
'r
GENERAL MANAGER'S RECOMMENDATION
strl to 0_ ost t
Authorize Midpeninsula Regional Open Space Distri D) to 6-host the 2006 Special Park
Districts Forum with East Bay Regional Park District(EBRPD).
DISCUSSION
The Special Park Districts Forum is an annual conference of park, recreation and open space special
districts from the United States and Canada. The event provides a venue for elected and appointed agency
leaders to meet and exchange best-practice information about managing regional-scale parks, trails, open
space, resource management, land acquisition and educational programs. Originally begun by EBRPD in
1972, one or more special districts in a given area has served as host for board and staff members from
other special park districts every year since. The Forum has consistently proved to be one of the most
valuable learning experiences for special park district board and staff as the park tours and informational
programming are all highly relevant for the participants and the agencies they represent. A successful event
in 2006 would showcase MROSD's achievements over the last few years and the new and continuing
programs that most benefit the users of the region's park and open space districts.
In years past, MROSD has co-hosted the Special Park Districts Forum with EBRPD a number of times and
MROSD and EBRPD have now been asked to co-host the Forum again in 2006. MROSD would provide
an opportunity for many of the participants to visit our preserves for one day of the three-day Forum.
Because oft scope, complexity and level of involvement in planning, organizing and conducting a
Special Park Districts Forum, it is believed that as a matter of good public policy, it is appropriate for the
Board of Directors of MROSD to formally endorse and authorize the District's co-hosting of the Special
Park Districts Forum with EBRPD in 2006.
We also understand that the Board is very interested in this Forum and Board President Hassett has
recommended that Director Cyr act as Board liaison on a non-compensable basis.
Prepared by:
Rudy Jurgensen, Public Affairs Manager
Contact person:
Craig Britton, General Manager
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-05-84
Meeting 05-17
July 27, 2005
AGENDA ITEM 4
AGENDA ITEM
Authorize Additional Legal Fees in the Matter of Fogarty vs. MROSD and MROSD v. Fogarty
for the Law Firm of Miller, Starr & Regalia in an Amount Not to Exceed $25,000
GENERAL COUNSEL'S RECOMMENDATIONS
1. Authorize Additional Legal Fees in the matter of Fogarty v. MROSD and MROSD v.
Fogarty for the law firm of Miller, Starr& Regalia in an amount not to exceed $25,000,
for a total of$35,000.
2. Authorize and appropriate an additional source of funds in the amount of$20,000 from
the New Land Purchases account 8102-24 for payment of said legal fees and include this
appropriation at mid-year budget review and amendment.
DISCUSSION
The District is currently involved in litigation and legal matters that required the outside legal
services of a firm specializing in real estate litigation. The General Counsel evaluated the
qualifications and fees of several firms and recommended that the Board authorize the General
Manager to retain the law firm of Miller, Starr & Regalia to best represent the District in these
matters. On June 1, 2005, the Board approved the retention of Miller, Starr& Regalia and
authorized an initial expenditure of$10,000 for these services (See Report No. R-05-64.)
The litigation costs before the Board tonight arise out of Fogarty v. MROSD, San Mateo County
Superior Court No. CIV 4419345 and the District's cross-complaint in the matter. In September
2004, the District was sued by Thomas Fogarty and Angela Macfarlane, residents of property
adjacent to the Coal Creek Open Space Preserve. The matter concerned two issues: First, the
plaintiffs' claim to a deeded easement over Preserve lands that would permit development of an
unimproved road, and, second, the parties' disagreement about the uses allowed under a
conservation easement the District holds over a portion of the plaintiffs' property.
The District tendered defense of this matter to its title insurer, First American Title Company.
The title company agreed to provide the defense to Fogarty's complaint. However, the title
company does not have an obligation to protect the public's rights under the provisions of the
conservation easement. As a result, Miller Starr was retained to file a cross-complaint in the
lawsuit seeking to prevent a violation of the conservation easement.
R-05-84 Page 2
The title company is paying the costs of defense of the lawsuit. The District is paying the costs
of prosecuting the cross-complaint. This litigation has been active. A mediation session was
held on May 26, 2005 and was unsuccessful despite the best efforts of the District to reach a
mutually acceptable settlement in the matter.
Counsel for both the plaintiffs, the District and its title company have concluded that the matter
will require resolution at trial. Trial is currently set for September 13, 2005. Trial preparation is
underway. Counsel has scheduled the deposition of key witnesses for July 25 and 26, 2005 and
depositions of other witnesses and other forms of discovery are anticipated to continue into
August.
Although the District and its title company are sharing costs of trial, trial will still require the
District to incur additional costs above those previously approved by the Board. Therefore, the
General Counsel requests that the Board appropriate and approve funds for these services in an
additional amount not to exceed $25,000. Funds for these services were budgeted in the Fiscal
Year 2005-2006 Budget under Real Property Department Category 8105-25 (Legal Fees) in the
amount of$15,000. However, additional funds will need to be appropriated, as this will exceed
the budgeted amount. Additional funds for these services will come from Real Property
Department Category 8102-24 (New Land Purchases). This appropriation will be included in the
Board's mid-year budget review and amendment.
Prepared by:
Susan Schectman, General Counsel
Contact Person:
Same as above
Claims No 05-13
Meeting 05-15
Date 7/27/05
Midpeninsula Regional Open Space District
# Amount Name Description
3087 $702.29 Acme&Sons Sanitation Pumping/Disposal Fee&Weekly Services
3088 $162.73 ADT Security Services Burglar Alarm Service
3089 $2,575.00 All Temp Refrigeration Heat Pump-FFO
3090 $1,064.05 Allied Auto Works Vehicle Repairs&Maintenance
3091 $175.47 Barron Park Supply Water System Repairs-Smith House
3092 $3,792.65 Big Creek Lumber Fencing Material-Pulgas Ridge
3093 $232.78 Butler's Uniforms Name Tags
3094 $271.51 California Water Service Company Water Service-Foothills Field Office
3095 $471.39 Cascade Fire Equipment Company Field Supplies-Pumper Parts
3096 $662.66 CMK Automotive Inc. Vehicle Maintenance Service
3097 $2,125.00 Concern EAP Quarterly Fee
3098 $14,340.85 Cresco Equipment Rentals Equipment Rental-ECDM Water Protection Program
3099 $48.55 CSK Auto Vehicle Supplies
3100 $580.36 Custom Alignment Vehicle Repair
3101 $2,780.60 Design Concepts Graphic Design Services-Exhibit Panels&Envelopes
3102 $140.50 Fed Ex Shipping Charges
3103 $239.16 Forestry Suppliers,Inc. Field Supplies
3104 $55.60 G&K Service Shop Towel Service
3105 $72.74 Galls Incorporated First Aid Supplies
3106 $4,340.00 Greg's Trucking Service,Inc. Rock Delivery-ECDM Water Protection Program
3107 $48.00 Half Moon Bay Review Subscription Renewal
3108 $2,846.96 Hertz Equipment Rental Equipment Rental-ECDM Water Protection Program
3109 $2,000.00 Hulberg&Associates, Inc. Appraisal Fee- POST(Miramontes Ridge)
3110 $151.55 Interstate Traffic Control Product Custom Signs
3111 $42.69 Jed Cyr Reimbursement-Not So Annual Conference
3112 $319.64 Langley Hill Quarry Drain Rock
3113 $100.00 Law Enforcement Psych.Services Psychological Assessment-Recruitment
3114 $205.00 Le's Alterations Uniform Expense
3115 $7,429.12 LFR Levine Fricke Engineer&Design Services-ECDM Creek Staging Area
Project
3116 $60.00 Macke Water Systems,Inc. Water Dispenser Rental-2 Months
3117 $185.00 MetroMobile Communications Radio Repair
3118 $238.00 Miller Starr&Regalia Legal Services-Green Eyes,LLC
3119 $1,386.00 Miller,Starr&Regalia Legal Services-Saratoga Country Club
3120 $431.63 Miller,Starr&Regalia Legal Services-Portola Investment Corp.
3121 $198.49 Minton's Lumber&Supply Field Supply&Lumber
3122 $905.10 Muniquip Field Equipment Rental For Pulgas Ridge
3123 $0.75 Noble Tractor,Inc. Tractor Supplies
3124 $2,561.20 Patsons Media Group Printing Services-Trail Brochures
3125 $17.28 Precision Engravers,Inc. Name Tag Engraving
3126 $130.00 R.H.F.,Inc. Radio Repair
3127 $40.19 Rayne Water Conditioning Water Conditioner Service
3128 $488.86 Redwood Plumbing A/C Repairs-FFO Building
3129 $1,000.00 Remington,Eric Consulting Services-Prepare Resource Inventory For
Stevens Canyon Ranch&Site Analysis For Forde Property
3130 $163.38 Rich Voss Trucking,Inc. Rock Delivery Charges
3131 $350.00 Roberta Wolfe Recording Services
3132 $1,825.95 Roy's Repair Service Vehicle Repairs&Service
3133 $75.19 Royal Brass Inc. Field Supply
3134 $166.68 Safety Kleen Solvent Tank Service-FFO
3135 $260.52 San Jose Mercury News Legal Ad.-Ridgetop Trail/Pulgas Ridge
Page t of 2
i
Claims No 05-13
Meeting 05-15
Date 7/27/05
Midpeninsula Regional Open Space District
# Amount Name Description
3136 $114.00 Santa Clara County-Office of Sheriff Fingerprinting-New Recruit
3137 $134.85 SBC Telephone,Internet Service&Fax
3138 $321.74 Sears Electric Range-Ranger Residence
3139 $1,413.27 *1 Shell Credit Card Center Fuel
3140 $1,637.23 Shute,Mihaly&Weinberger LLP Legal Services-Coastal Annexation Litigation
3141 $30.29 Specialty Truck Parts,Inc. Vehicle Supply
3142 $68.22 State Board Of Equalization Diesel Fuel Tax
3143 $28.06 Stevens Creek Quarry,Inc. Base Rock
3144 $1,639.73 Summit Uniforms Uniform Expense
3145 $867.56 Tadco Supply Janitorial Supplies-Deer Hollow Farm&Rancho San
Antonio
3146 $1,760.15 Target Specialty Products Landscaping Supplies
3147 $64.00 Terminix Pest Control-A.O.
3148 $2,994.02 Tires on the Go Tires
3149 $85.58 Turf&Industrial Equipment Co. Vehicle Supplies
3150 $556.64 United Rentals Highway Tech. U Channels Stakes For South Canyon Trail
3151 $150.00 Verisign Email Security Service
3152 $5,901.69 West Coast Aggregates,Inc. Base Rock-ECDM Water Protection Program
3153 $81.02 West Payment Center Legal Books/Supplements
3154 $825.00 Woodside&Portola Private Patrol Patrol Services-Windy Hill,3 Months
3155 $85.48 Xpedite Systems,Inc. Fax Broadcast System Services
Total $77,219.60
*1 Urgent Check Issued 7/15/05
Page 2 of 2
Regional Open 5, {ce
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
FROM: L. Craig Britton, General Manager
DATE: July 22, 2005
RE: FYI's
_•#. OFRNEST
EE
County of Santa Clara co U/V7
Environmental Resources Agency
Parks and Recreation Department
298 Garden Hill Drive \ /
LOS Gatos, California 95032-7669
Reserva5o s(4 8-2200 A355-22011 �X 355-2290 �TA G��
www.parkhere.org
June 27, 2005
Douglas Bosco
Chair of the Board of Directors
Coastal Conservancy
1330 Broadway, I Ph Floor
Oakland,CA 94612-2530
RE: Midpeninsula Regional Open Space District Grant Application—Stevens Canyon Ranch
Property Addition to Saratoga Gap Space Preserve
Dear Mr. Bosco:
I would like to express my strong support for the Midpeninsula Regional Open Space District's
application to the Coastal Conservancy's Central Coast Program for a$1,000,000 grant to acquire a major
addition to the Saratoga Gap Open Space Preserve. The 238-acre Stevens Canyon Ranch encompasses
hillsides, meadows, and forested canyons in the Santa Clara County foothills west of Saratoga. Tucked
back in the Stevens Creek Canyon yet readily accessible from the urban Midpeninsula Stevens Canyon
Ranch lies at the heart of over 6,630 acres of public land in the Stevens Creek watershed.
The property's strategic location north of Stevens Canyon Road between Monte Bello and Saratoga Gap
Open Space Preserve and Stevens Creek County Park, makes it an ideal "getaway" site for a public
staging area. It will provide access to the upper part of the Stevens Creek corridor and to the regional trail
system linking the Bay Area Ridge Trail with the San Francisco Bay Trail. The property's outstanding
recreational,natural and cultural resources also will make it an attractive destination in itself.
The purchase will preserve a historic family ranch that originated in the 1890s and still retains the
atmosphere of an earlier age. The original stone winery with its upper residence, weathered outbuildings,
5 acres of productive orchard and a large family picnic area still grace the property, although the original
40 acres of vineyard have vanished. Mortar holes for grinding acorns are evidence of earlier occupation
by Ohlone Indians. A visit here feels like going back in time, yet it is only a short drive from Interstate
280 in Cupertino or Highways 85 or 9 in Saratoga.
These factors make the acquisition and preservation of the Stevens Canyon Ranch property a high priority
for the District and I urge you to fund this project and ensure the property is permanently protected.
Together with the surrounding park and open Space lands,the project will protect valuable historic ranch
lands, watershed resources,biological diversity and recreational trail connections for public enjoyment.
Thank you for our consideration.
I
incerely
tsa Ki o irector
c: Midpeninsula Regional Open Space District
Board of Supervisors: Donald F. Gage. Blanca Alvarado, Pete McHugh,James T. Beall,Jr.. Liz Kniss
County Executive: Peter Kutras,Jr. a®
i
GOVED
JUN 2 9 2005
AIDPENINSULAREGIONALOPE[
,;PA( tj"'E D3STRICT
07/19/2005 09: 00 4155612599 BAY AREA RIDGE TRAIL PAGE 01/02
Post-it'Fax Note .I1 Date 7 p�9 e►
ro (4#, A r/ From
Co_/Dept. Co
Phone# Phone# j
T Fax#
= BAY AR'F.A
` PIDGF. TRA.IL
.. COUNCIL
June 3.0", 2005
Douglas Bosco
Chair of the Board.of Directors
Coastal'Conservaricy
1330 Broadway, 11' Floor
Oakland, CA'94612-2530
Subject: Midpeninsula Regional Open Space District Grant Application—Stevens
Canyon Ranch Property'Addi.tion to Saratoga Gap Open Space Preserve
Tear Mr. Bosco:
On behalf of the Board of Directors.of the Bay Area Ridge Trail Council, we would like
to express our strong support for the.Midpeninsul.a`Regional Open,Space District's
application to,the-Coastal:Conservancy's Central Coast'Program.. This application is for
a$1,000,000 grant'to acquire a rnajor addition to the Saratoga Gap Open Space Preserve:
The 238-acre.5tevens Canyon Ranch encompasses hillsides, meadows, and forested
canyons in the Santa Clara.county foothills west of Saratoga.'Tueked back in Stevens
Creek Carryon yet readily accessible from urban peninsula population centers, Stevens
Canyon.Ranch b.cs at the heart of over 6,630 acres of.publ.i c land in the Stevens Creek
watershed.
The property's strategic Location north of'Stevens Canyon Road between the Monte Bello
and.Saratoga Gap Open Space Preserves and Stevens Creels County Park, makes it an
ideal "gateway" site for a public staging area.. Stevens Canyon Ranch will provide access
to the upper, parr aP the Stevens Creek Corridor and to the regional,trail system linking the
Bay.A;rea Ridge Trail with the.San.Francisco Bay Trail. Additionally, the property's
outstanding recreational, natural and cultural resources make this property an attractive
destination in itself. 4
The purchase-.of this property will preserve a historic family ranch that originated in the
18909 and still retains the atmosphere of an earlier age. The original stone winery with
its upper residence, weathered outbuildings, 5 acres.o�f productive orchard and a.l:arge
family picnic area still grace the property..Mortar holes for grinding acorns are evidence
of earlier occupation by the Ohlone people. A visit here feels like going back in time, yet
it is only a short drive from Interstate 280 in,Cuperti.no or Highways 85 or 9 in.Saratoga.
These factors,make the acquisition and preservation of.the Stevens Canyon Ranch
property a high priority for the Midpeni.nsula Regional OpEn Space District and we urge
1,007'GENERAL KENNE-DY AVENt,JE,SUITE 3,SA'N PIZANCISCO,CAI-IFORNIA 94129-1405
PHONE (-115)561-2595 rAX (Al 5)'5'61-2599'. www_ridgetTail.org iffb0g riitget'r:Nl,org'
07/19/2005 09: 00 4155612599 BAY AREA RIDGE TRAIL PAGE 02/02
you to fund this project and ensure the property is permanently protected. Together with
the surrounding parr and open space lands, the project will protect valuable historic ranch
lands, watershed resources,biological. diversity, and recreational trail connections for
public enjoyment.
Thank you for your consideration.
Sincerely,
Holly Van Houten
Executive Director
Cc: Mil 'dpeninsula Regional Open Space District
I
I
I
Regional Open S� ce
July 18, 2005 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
The Honorable Ira Ruskin
State Capitol
P.O. Box 942849
Sacramento, CA 94249-0021
Dear Assemblymember Ruskin:
I would like to thank you very much for stopping by last Tuesday to visit our office. It
was a pleasure to hear about some of your current policy initiatives and to introduce you
to District staff members. We look forward to working with you and we are very
fortunate to have a strong representative in Sacramento who is committed to improving
the area's natural environment for the benefit of its residents.
As a follow up to our conversation, please find the attached information on SB 658,the
Coastal Environment Motor Vehicle Mitigation Program. This bill makes available a
coordinated local funding option for addressing a range of environmental problems
resulting from motor vehicles and their associated infrastructure in coastal and bay
counties. It also funds the San Francisco Bay Conservancy Program, a legacy left by its
author Senator Byron Sher, which has provided millions of dollars in grant funds to local
agencies such as the District.
I have also included some background information on Mt. Umunhum (the District-owned
former Almaden Air Force base) that needs to be cleaned of hazardous mater
ials before it
can be made available for public use. This project is of great interest to a large number of
people throughout the Bay Area who would like to be able to access the District's highest
point with its expansive views all the way south to Monterey.
If the District can be of any help to you by answering questions or providing information,
or in another way, please don't hesitate to contact me.
Sin erely,
L. Crai ritt
General Manager
cc: MROSD Board of Directors
Enclosures
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
A,
SB 658 (Kuehl) FACT SHEET
Bay and Coastal Motor Vehicle Mitigation Program
The Problem
The increase in motor vehicles and their related infrastructure in California's coastal and
Bay Area counties is outstripping the ability of state and local governments to address the
effects on the environment. Counties on the coast of California and the SF Bay Area
contain 77% of the state's population. In the US, the number of miles driven annually
over the past 20 years has increased at four times the rate of population growth, with a
corresponding increase in infrastructure—roads, parking lots, and other impervious
surfaces; culverts, bridges, and other structures at stream crossings, abutments, rip rap,
and other means of bank stabilization. These all result in a variety of effects on
environmental values: habitat fragmentation; pollution of streams and water courses; loss
of coastal beaches due to changes in sediment flow patterns; interference with public
access to and along the coast, coastal rivers, and upland areas; health impacts to people,
fish and wildlife; and increased potential for conversion of lands from valuable
agriculture, floodplain, habitat, and watersheds to other uses.
The Bill
SB 658 makes available a coordinated local funding option for addressing a range of
environmental problems resulting from motor vehicles and their associated infrastructure
in coastal and bay counties. SB 658 authorizes the Coastal Environment Motor Vehicle
Mitigation Program, administered by both the state and participating counties, which
would enable counties to opt into a dedicated funding source to support appropriate
projects.
• Coastal and SF Bay Area counties. The 20 counties adjacent to the coast and San
Francisco Bay would be eligible to participate in county-wide projects.
• Opt in. The fee would be collected only in counties where the Board of Supervisors
votes to participate in the program.
• Fee. The fund would derive revenues from a motor vehicle registration fee of up to $6
per year. j
• Proportionate benefit and audit. The benefits of projects funded by the program for
each county would be required to be in proportion to the funds derived from each county,
and a biannual audit is required.
• State-Local Partnership. 30% of the funds would be administered by participating
counties; 70% of the funds would be administered by the State Coastal Conservancy,
which has existing authority for these purposes.
• Mitigate Transportation Impacts Only. Funds could only be used for projects that
reduce, prevent and remediate the adverse environmental impacts of motor vehicles and
their associated infrastructure.
• Proiects and Priorities. Projects could include those that protect or restore habitat,
protect water quality, address sediment management and beaches, public access, or
preventing pollution, with priority given to those projects that provide long-term
protection and restoration of,or long term reduction in the level of effects on natural
resources impacted by motor vehicles and related infrastructure.
• FundinE. If all 20 counties opt in at $6 per registration, approximately $1 12 million
would be raised.
• Sunset. The program would be established in 2006, but it would take approximately two
years for project funding to be available. The program sunsets in 2020, making the
funding source available for 12 years.
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
FACT SHEET
Cleanup of Formerly Used Defense Site Almaden Air Force Station
Atop Mount Umunhum, San Jose, California
July 2005
MT. UMUNHUM AREA & SIERRA AZUL OPEN SPACE PRESERVE
0 The District purchased the former Almaden Air Force Station and all of its remaining facilities on Mt.Umunhum
in 1986 at full fair market value,with no discount for remnant military contamination.
The Air Force Station was used as a radar installation under the North American Air Defense Command.
Improvements at the site consist of approximately 25 buildings, including barracks, radar towers,classrooms,
maintenance and storage facilities, administrative, dining, and recreation buildings, a chapel, family housing, an
infirmary, and a motor pool with a vehicle repair shop.The buildings were damaged by the 1989 Loma Prieta
earthquake and by subsequent exposure to harsh weather and vandalism.The buildings need to be removed or
secured before public use is possible. In addition,site studies have indicated high levels of toxic materials,
including asbestos and lead-based paint.
o The 11,761-acre Mt.Umunhum area is part of the District's 17,335-acre Sierra Azul Open Space Preserve, by far
the District's largest preserve.Mt.Umunhum offers spectacular panoramic vistas, from Monterey Bay to Mt.
Diablo to San Francisco, only a few miles from San Jose,California, the nation's 101h largest city.
o A Resource Inventory and Assessment Project report for Sierra Azul Preserve found a wide range of natural plant
communities(63 plant communities were identified, including blue oak woodlands, riparian forests, serpentine
grasslands, and towering stands of redwood).The exceptional natural diversity was mirrored in the range of
wildlife species found in the Mt. Umunhum area and surrounding Preserve(from golden eagles to the federally-
threatened California red-legged frog and the special status southwestern and turtle). In addition,it was noted
these lands provide important uninterrupted range for mountain lion, deer,coyote, and bobcat.The preserve also
has significant hydrological resources, as much of the preserve is in the headwaters of the Guadalupe and Los
Gatos Creeks, which provide an important component of the water supply for the Santa Clara Valley.
MILITARY COMMUNICATIONS
o At the time of sale in 1986, the General Services Administration agreed that the United States Government would
take responsibility for site cleanup through the Army Corps of Engineers (Corps).In 1991,following the Corps'
investigation of contaminants and evaluation of the site, it was determined that it fell within the requirements for
inclusion in the Defense Environmental Restoration Program.When the requirements were met,the federal
government agreed to appropriate the funding for removal and cleanup of hazardous materials.
o In February 1992, the Corps requested entry permits authorizing surveys, test borings, and other exploratory
work necessary for the remedial design phase of the Defense Environmental Restoration Program,The Corps
informed the District in March 1994 that their initial site review was completed and they expected to execute the
contract for removal of the first phase of the overall cleanup project, removal of underground storage vessels, fuel
lines, transformers, and drums, as the project had been funded for that federal fiscal year. By late 1995,the Corps
completed the removal of some under- and above-ground fuel tanks, related fuel lines, and transformers.
i
Cleanup of the power plant building and cafeteria was expected to occur under separate contract the following
year.Any soil contaminants and related cleanup was to be determined and scheduled later.The Corps indicated
it would not take responsibility for abatement of asbestos and lead materials or demolition of structures.
o In October 1996,the District authorized the Corps to enter the property to remove toxic materials, including an
underground storage tank and transformers, from the Mt.Thayer site that was also part of the former Air Force
Station.
DISTRICT LOCAL GOVERNMENT & CONSTITUE
NT PARTNERSHIP EFFORTS
o In September 2001, over 60 local officials toured the former Almaden Air Force Station atop Mt.Umunhum to
learn about and appreciate its open space values and to identify cooperative opportunities to obtain a cleanup to
open the mountaintop to the public for low-intensity recreational use.
o Following, in August 2002, the District hosted a briefing and site tour of the former Almaden Air Force Station
atop Mt.Umunhum for several local media representatives an
d over 30 mem
bers of the Distr
ict's "Friends of Mt.
written letters of support for the cleanup,Umunhum," a constituent group that has pp , volunteered time for work p
projects at Sierra Azul Preserve, and made monetary contributions toward the cleanup. Congressman Michael
Honda and then San Jose City Councilmember Patricia Dando, who have taken an interest in the project,
discussed current work in Congress and by the City of San Jose to partner with the District to clean up the Mt.
Umunhum site.Congressman Honda, then San Jose City Councilmember Dando, and Congresswoman Zoe
Lofgren's offices have also asked their Washington-based staff and lobbyists to assist in the District cleanup effort
by helping to identify federal funding opportunities.
o Since the Mt.Umunhum site tours, the cities of Monte Sereno,Saratoga,Cupertino, San Jose,and Los Gatos, as
well as the Santa Clara County Parks and Recreation Commission(which has also recommended the Resolution
be adopted by the Santa Clara County Boar of Supervisors)
rs)have allpa
ssed Resolutions of Support for feder
al
funding for the cleanup of Mt.Umunhum.
o Thanks to the efforts of Congressman Honda, then San Jose City Councilmember Dando, Senators Barbara Boxer
and Dianne Feinstein,and others, the House Defense Appropriations Bill, #HR 5010, included language
a to project priority in the Formerly Used Defense Sites(FUDS)program in the FY
Umunhum as P g
identifying Mt.U p p J p y Y
03 Defense appropriation.In early 2003, President Bush signed the FY 03 budget,which included more Formerly
Used Defense Sites(FUDS)money than ever before,and, in the associated Congressional defense appropriations
tY project (the only project Ject noted specifically as one deserving priority
names Mt.Umunhum as a priori
mention).
PROTECT STATUS
o In March 2005, the District embarked on a 15-month master planning process for Sierra Azul (of which Mt.
Umunhum is a part) and Bear Creek Redwoods Preserves.These two preserves contain over 18,000 acres and are
the focus of a community-based master planning process that will help guide the future use, development, and
management of these lands.
o In April 2005, the District issued an entry permit to the Sacramento Army Corps of Engineers authorizing
surveys,test borings, and other exploratory work at the former Almaden Air Force Station.In June 2005, District
staff accompanied Corps contractors to the site where the contractors took photo documentation and confirmed
information on area maps in order to finalize a subsurface investigation report to the Corps.
—2—
About the Midpeninsula Regional —pen Space District
Midpeninsula Regional Open Space District is an independent, non-enterprise, California special district whose mission is to acquire
and preserve a regional greenbelt of open space land in perpetuity,protect and restore the natural environment, and provide
opportunities for ecologically sensitive public enjoyment and education. The District is divided into seven geographic wards, each
represented for afour-year term by an elected Board member, Created by voters more than 30 years ago, the District has successfully
protected and managed 50,000 acres of open space. The public enjoys the District's diverse and beautiful preserves 365 days a year.
7VWW.openspace.o
—3—
07/18/2005 08: 51 4087773366 CITY OF CUPERTINO PAGE 02
City Hall
10300 Torre Avenue
,c4ir !w Cupertino,CA 95014-3255
r Telephone: (40$)777-3110
` FAX: (408)777-3366
CITY OF Wcbgitc: www.cupertino.orft
CU P E n"H N O Email: parks@cupertino.org
PARKS AND RECREATION DEPARTMENT
July 18, 2005
Douglas Bosco
Chair of the Board.of Directors
Coastal Conservancy
1330 Broadway, 11 tx'Floor
Oakland, CA 94612-2530
RE: Midpeninsu.la.Regional Opera Space District Grant Application—Steevens Canyon
Ranch Property Addition to Saratoga Gap Space Preserve
Dear Mr. Bosco:
l woald like to express my strong support for the Midpeninsula Regional Open.Space
District's application to the Coastal Conservancy's Central Coast Program for a
$1,000,000 grant to acquire a major addition to the Saratoga Gap Open.Space Preserve.
The 238-acre Stevens Canyon Ranch encoi npasses hillsides,meadows, and forested
canyons in the Santa Clara County foothills west of Saratoga. Tucked back in Stevens
Creek Canyon yet readily accessible from the urban Midpeninsula, Stevens Canyon
Ranch lies at the heart of over 6,630 acres of publin land in the Steven. Creek
watershed.
The property's strategic location north of Stevens Canyon Road. between.1[fonte Bello
and Saratoga Gap Open Space Preserve and Stevens Creek County,Park, srtakes it an
ideal "gateway"site for a public staging area. It will provide access io the ypper part
of the Stevens Creek corridor and to the regional trail system linking the Bay Area
Ridge Trail with the San Francisco Bay .Trail. The property's ouistanding
recreational, natural and cultural resources also will make it an attractive destination
irz i�cetf.
I
The pur&Rse will preserve: n historic family ranch that originated in the 1890s and still
retains the atmosphere of an earlier age. The original stone winery with its upper
residence,weathered outbuildings, 5 acres of productive orchard and a large family
picnic area still grace the property, although the original 40 acres of vineyard have
vanished.. Mortar holes for grinding acorns are evidence of earlier occupation by Ohl.oi,c
Primed on RncyrlPd P.9per
07/18/2005 08: 51 4087773366 CITY OF CUPERTINO PAGE 03
M1181,1's Bosco
July 18, 2005
Page 2
Indians. A visit here feels like going back in time, yet it is only a short drive from
Interstate 280 in Cupertino or Highways 85 or 9 in Saratoga.
These factors make the acquisition and preservation of the Stevens Canyon Ranch
property a high priority for the District and.I urge you to fund this project and ensure the
propcity is perinancntly protected. T'ogediei- wia, dic 5urruundj,n g park and open space
lands,the project will protect valuable historic ranch lands, watershed resources,
biological diversity and.recreational trail connections for public enjoyment.
Thank you for your consideration.
Si r
Therese tLbrosi Smith, Director
Parks and Recreation Department
cc: Midpeninsula Regional Open Space District
Regional Open Snace
10
-------------------------
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
July 20, 2005
Laura Thompson
Bay Trail Project Manager
Association of Bay Area Governments
P.O. Box 2050
Oakland CA 94604-2050
Dear Laura:
On behalf of the District, I would like to thank you for your presentation at the July 13, 2005
Board meeting. We enjoyed hearing about the multiple benefits offered by the Bay Trail Project.
It was most beneficial that you tailored your presentation on the section of the trail within the
District boundaries and expounded on our joint successes as well as the gaps we are working to
close.
We are pleased to continue to maintain our close relationship as a public agency partner
supporting the Bay Trail program's achievements and the great benefits to the public.
Sinc ely,
L 1'. Craig rit on
General Manager
cc: MROSD Board of Directors
II
33o Distel Circle 650-6gi-i2oo 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