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HomeMy Public PortalAbout20060531 - Agenda Packet - Board of Directors (BOD) - 06-14 I Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 06-14 SPECIAL MEETINGS BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 6:00 p.m. Wednesday, May 31, 2006 330 Distel Circle, Los Altos, California AGENDA* 6:00 ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT—CLOSED SESSION The Closed Session will begin at 6:00 p.m. At the conclusion of the Closed Session,the Board will adjourn the Special Meeting Closed Session to the Special Meeting, and, at the conclusion of the Special Meeting, Session. Meeting Closed the Board may reconvene the Special g Y pI 1. Conference with Labor Negotiators, California Government Code § 54957.6 Agency Negotiators—Craig Britton, Sally Thielfoldt,John Maciel Employee Organization —Midpeninsula Regional Open Space District Field Employees Association 2. Conference with Labor Negotiators, California Government Code § 54957.6 Agency Negotiators—Craig Britton, Sally Thielfoldt Unrepresented Employees—Office, Supervisory and Management Staff 3. Conference with Legal Counsel—Existing Litigation,California Government Code § 54956.9(a) Name of Case: Citizens for Responsible Open Space v San Mateo County LAFCo, Midpeninsula Regional Open Space District, San Mateo County Superior Court Case No. CIV442954 4. Conference with Legal Counsel—Existing Litigation, California Government Code § 54956.9(a) Name of Case: Fogarty v Midpeninsula Regional Open Space District, San Mateo County Superior Court Case No. CIV4419342 7:30 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT—PUBLIC SESSION ROLL CALL REPORT ON RETURN FROM CLOSED SESSION (The Board shall publicly report any action taken in Closed Session pursuant to Government Code Section 54957.1(a).) ORAL COMMUNICATIONS—Public ADOPTION OF AGENDA—J. Cyr ADOPTION OF CONSENT CALENDAR—J. Cyr BOARD BUSINESS 7:40* 1 Authorization for General Manager to Contract With LA Consulting, Inc. to Conduct a Land Management Cost Evaluation and Efficiency Study at an Amount Not to Exceed $89,854.00; 330 Distel Circle • Los Altos,CA 94022-1404 • Phone: 650-691-1200 III Fax: 650-691-0485 • E-mail:info@openspace.org • Web site: www.openspace.org ' I Meeting 06-14 Page 2 Authorize Additional Funds to be Included in Fiscal Year 2006-2007 Mid Year Budget at an Amount 3 854:0__q-,G. Baillie 8:00* 2 Authorization for General Manager to Execute a New Agreement with the City of Mountain View to Provide Twenty-four Hour Radio Dispatch Services; Authorization for General Manager to Approve Expenditures for Radio Dispatch Services in an Amount not to Exceed $130,000: $50,000 in Fiscal Year 2006-2007; and $80,000 in Fiscal Year 2007-2008—J. Maciel 3 Authorization for General Manager to Execute Amendment to Contract with Graphic Arts Center Publishing Company for Distribution and Promotion Services through December 31, 2007—D. Simmons REVISED CLAIMS 8:10* INFORMATIONAL REPORTS—Reports on compensable meetings attended. 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) REPORT ON RETURN FROM RECONVENED CLOSED SESSION(if necessary) —California Government Code Section 54957.1(a). 8:30* ADJOURNMENT TIMES ARE ESTIMATED AND ITEMS MAY APPEAR EARLIER OR LATER THAN LISTED. AGENDA IS SUBJECT TO CHANGE OF ORDER. TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during Oral Communications. Each speaker will ordinarily be limited to three minutes. Alternately,you may comment to the Board by a written communication, which the Board appreciates. All items on the consent calendar may be approved without discussion by one motion. Board members, the General Manager, and members oj'the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT,IF YOU NEED ASSISTANCE TO PARTICIPATE IN THIS MEETING,PLEASE CONTACT THE DISTRICT CLERK AT(650)691-1200. NOTIFICATION 48 HOURS PRIOR TO THE MEETING WILL ENABLE THE DISTRICT TO MAKE REASONABLE ARRANGEMENTS TO ENSURE ACCESSIBILITY TO THIS MEETING. Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-06-66 Meeting 06-14 May 31, 2006 AGENDA ITEM 1 AGENDA ITEM Authorization to Contract with LA Consulting, Inc. for the Purpose of Conducting a Land Management Cost Evaluation and Efficiency Study at an Amount Not to Exceed$90,000 i GENERAL MANAGER'S RECOMMENDATIONS l. Authorize the General Manager to contract with LA Consulting, Inc. to conduct a Land Management Cost Evaluation and Efficiency Study at an amount not to exceed $90,000.00. 2. Authorize the expenditure of an additional $39,854.00$40,000.00 beyond the amount budgeted for this project in Fiscal Year 2006-2007 with appropriations to be derived from typical departmental savings; any required budget adjustments to be included in the mid- year budget review process. DISCUSSION One of the key projects identified in the Fiscal Year 2006-2007 Operations Field Action Plan is for staff to work with a consultant to complete a land management cost and effectiveness evaluation study with the focus being on operational issues. In Fiscal Year 2005-2006 staff developed a Request for Proposals and sought consultant bids for the project. Three proposals ranging from$50,000 to $150,000 were received. LA Consulting was the most qualified and responsive respondent. However,the project had been budgeted for only $ 50 000 and their initial cost estimate was$106,562. Having made the selection of the most appropriate consultant, and in order to bring the project closer in line to the budgeted amount, a revised work product was requested from LA Consulting with elements of less for LA Consulting to look for economy of scale in the cost of significance removed and a request o g Y their work. As a result,LA Consulting provided a revised proposal of$84,954. It is recomme nded that this proposal be accepted, and that an additional $5,044.00 (5.9%of the project cost)be allocated for contingencies,such as additional work, which may become apparent as the project is underway, and for database support once the project is completed. Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-06-66 Meeting 06-14 May 31, 2006 AGENDA ITEM 1 AGENDA ITEM Authorization to Contract with LA Consulting, Inc. for the Purpose of C nducting a Land Management Cost Evaluation and Efficiency Study at an Arno nt Not to xceed $90,000 GENERAL MANAGER'S RECOMMENDAT ONS 1. Authorize the General Manager to contract with LA Consulting, Inc. to conduct a Land Management Cost Evaluation and Efficiency Study at an amount not to exceed $90,000.00. 2. Authorize the expenditure of an additional $ , . beyond the amount budgeted for this project in Fiscal Year 2006-2007 with appropriations to be derived from typical p J departmental savings; any requiredin the mid- ear budget adjustments to be included y budget review process. DISCUSSION One of the key projects identified in the Fiscal Year 2006-2007 Operations Field Action Plan is 1 a land management went cost and effectiveness with a con sultant to complete work g for staff to P evaluation study with the focus being on operational issues. In Fiscal Year 2005-2006 staff developed a Request for Proposals and sought consultant bids for the project. Three proposals ranging from $50,000 to $150,000 were received. LA Consulting was the most qualified and responsive respondent. However, the project had been budgeted for only $50,000 and their initial cost estimate was $106,562. Having made the selection of the most appropriate consultant, and in order to bring the project closer in line to the budgeted amount, a revised work product was requested from LA Consulting with elements of less significance removed and a request for LA Consulting to look for economy of scale in the cost of their work. As a result, LA Consulting provided a revised proposal of$84,954. It is recommended that this proposal be accepted, and that an additional $5,044.00 (5.9% of the project cost) be allocated for contingencies, such as additional work, which may become apparent as the project is underway, and for database support once the project is completed. i I R-06-66 Page 2 Below is a table that illustrates the costs of the other proposals that were received: Company Name Proposal Amount Dangermond Group $149,997 LandPeople $ 50,060 Project Goals The project has two goals: 1. To develop a database system which will allow the District to accurately estimate the initial and the annual costs of managing and maintaining areas of land that are being considered for purchase. LA Consulting has already developed a database model for this purpose for other clients, and has demonstrated the model to District staff. LA Consulting will work with District staff to modify the database to ensure that factors which are relevant to District operations are included, and factors which are not relevant are not included. 2. To review the maintenance and resource management practices for the purpose of ensuring that the practices are being implemented in the most efficient manner. The consultant has extensive experience dealing with other agencies and has a library of data from the other agencies to compare with the District. Specific Project Outcomes In order to achieve the two project goals outlined above the consultant will complete the following tasks: 1. Document current practices: The consultant will establish a baseline for the current work that District staff accomplish in the field. 2. Analyze the workload of supervisory and non-supervisory field staff: The consultant will utilize the information gathered in the documentation of the current services to analyze the workload of the supervisory and non-supervisory maintenance positions in the field and will suggest changes as necessary for equitable sharing of the work, and to ensure that workloads can be effectively managed. 3. Analyze the effectiveness of the implementation of the field maintenance and resource management program: The consultant will review the current work order system and other methods used to schedule and complete maintenance and resource management projects. The consultant will make suggestions for improving efficiency and effectiveness. R-06-66 Page 3 4. Analyze the information flow within the Operations Department: The consultant will review the methods by which information is passed within the Operations department. This will include reviewing information flow between the offices, between different levels of the organization, and testing the accuracy of messages which are passed. The consultant will also review the different methods of communication (meetings, written messages, telephone communications, electronic communications) and make suggestions for improving communications. 5. Develop a land management cost model in Access database software: The consultant will modify an existing database to develop a mathematical model to determine the cost of maintaining, and operating specified pieces of land given a variety of variables, which the District will specify. The consultant will provide District staff with three days of training on the new system. Training will be provided for a maximum of five District staff members. Five hours of telephone support will be provided after the system has been adopted by the District. Additional support would have to be purchased. Project Methodology and Management The Operations Management Analyst will be the project manager. The project will involve staff participation at all levels, and with all functions, in the Operations Department. The steering committee, which will be responsible for day-to-day management of the project, will consist of representatives from line staff and supervisors, and from the maintenance, patrol and resource management functions. Prepared by: Gordon Baillie, Management Analyst Contact Person: John Maciel, Operations Manager Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-06-65 Meeting 06-14 May 31, 2006 AGENDA ITEM AGENDA ITEM Approval of Agreement With City of Mountain View to rovide Ra io Dispatch Services GENERAL MANAGER'S RECOMMENDA_TI 1z wit City of Mountain I Authorize the General Manager to execute a new agree wit the City of Mountain View to provide twenty-four hour radio dispatch services. 2) Authorize the General Manager to approve expenditures for such radio dispatch services in an amount not to exceed $130,000: $50,000 in Fiscal Year 2006-2007; and $80,000 in Fiscal Year 2007-2008. DISCUSSION At your August 26, 1992 meeting, you authorized the General Manager to enter into the initial agreement with the City of Mountain View to provide the District with twenty-four hour radio dispatch services(see report R-92-93). On June 22, 2005 you authorized a one-year agreement that expires on June 30, 2006 (see report R-05-13). That agreement provides an opportunity to extend the agreement for up to two additional years at a mutually agreed-upon rate. The District paid $25,998 for dispatching services in Fiscal Year 2005-2006. The City of Mountain View has notified the District of its desire to renegotiate the compensation price paid by the District in accordance with their cost recovery analysis for dispatching services. Accordingly,they have requested compensation in the amount of$50,0000 for Fiscal Year 2006-2007. We adjusted the budget amount for Dispatching Services to$50,000 for Fiscal Year 2006-2007 based upon the anticipated increase. The new agreement is for two years, with the second Fiscal Year(2007-2008)to be at a cost of$80,000. In the meantime, staff will send out Requests for Proposals from other agencies before implementation of the second year of the agreement and report back to the Board to evaluate Mountain View's services and estimates of costs and consider other possible providers. The new agreement with Mountain View will continue to maximize the District's recovery of initial expenditures made when the agreement first took effect in 1992. This includes $11,000 for radio equipment installed in the Mountain View Communications Center, data entry into the Computer Assisted Dispatching system and training for dispatchers. Staff has been satisfied with Mountain View's services and feels it would be in the District's best interest to continue to retain Mountain View while the District researches a long-term plan for those services. Reliable radio dispatch services are critically important to our employees and public safety needs. The City of Mountain View has proven they can provide these necessary services. Prepared by: David Topley, Support Services Supervisor Contact Person: Same as above FROM :MOUNTAIN VIEW POLICE DEPT FAX NO. :6509036757 May. 24 2006 04:24PM P7 AGREEMENT BETWEEN THE CITY OF MOUNTAIN VIEW AND MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FOR THE PROVISION OF EMERGENCY AND NONEMERGENCY COMMUNICATION SERVICES I THIS.AGREEMENT (hereafter "Agreement")is'entered into this 1st day of July, 2006,by and between,the CITY OF MOUNTAIN VIEW,a California Charter City and municipal. corporation, whose address is P.O. Box 7540,Mountain Viet,;,, California, 94039 (hereinafter "CITY"),and MTDPENINSULA REGIONAL OPEN SPACE DISTRICT,whose address is 330 Distel Circle,Los Altos,California,94022-1404 (hereinafter "DISTRICT"). RECITALS WHEREAS, CITY desires to furnish communication services to DISTRICT through utilization of CITY facilities and staff located at 1000 Villa Street,Mountain View;and WHEREAS,CITY is willing to furnish said services for a mutually agreed cost; and WHEREAS, the parties of this Agreement have determined that computer-aided dispatch system and records management system owned by CITY will be an effective method of communication and record keeping for DISTRICT; NOW THER EFORE,E OR in conside ration of the recitals and mutual obligations contained herein for the parties as herein expressed,CITY and DISTRICT agree as follows: 1.. escri on Servi e . -�?.---p�..�41�c s Emergency and nonemergency telephone answering. a. CITY will provide DISTRICT with telephone answering,personnel eP g,p onr►el . notification and equipment dispatching,including status keeping and associated activity reports and date inquires,in response to fielding a request. CITY Will not be responsible for answering DIS.'TRICT's nonemergency administrative phone calls during normal weekday DISTRICT office hours. b. CITY will provide DISTRICT with services mentioned in Paragraph(a) above on a'24-hour/day basis,365 days per year. C. The geographic:file of DISTRICT's area responsibilities needed, .for the computer-aided dispatch system will be maintained and updated by CITY and DISTRICT personnel.. I FROM :MOUNTAIN VIEW POLICE DEP' FAX NO. :6509036757 May. 24 2006 04:22PM P2 d. Audio recordings of all incoming emergency and nonemergency incident calls, as well as radio messages transmitted and received on primary dispatch frequencies, shall be continuously recorded and retained by CITY for a minimum of one hundred (1,00) days following the date of the call or message. e. CITY will provide DISTRICT with a quarterly activity report through CITY's records management system,if requested by DISTRICT. 2• . Operational Responsibilities. The Communications Center of CITY shall be under the direction of CITY's Police Chief. All matters concerning Communicati procedures, operations,c ons omplaints,requests for changes and similar operational matters shall be approved by DISTRICT's Operations Manager and submitted to CITY's Police Support Services Manager. 3• Cam ensatian for Services. + ear 1: DISTRICT shall pay CITY a fee for dispatching services under this Agreement in the amount of Fifty Thousand Dollars ($50,000). • Year 2: DISTRICT shall pa CITY fee fo Y a r dispatching services under this Agreement in the amount of Eighty Thousand Dollars ($80,000) Total compensation for this two a2 ( ) year contract is One hundred Thirty Dollars 130 0 ty Thousand 00( DISTR ICT CT sha ll a CITYquarterly payments foryear's service on or before September 30,December 31,March 31 nd each respective d Ju ne 30 0 T f the e th � ax e,exvices are provided. Y i g. Clea DISTRICT shall maintain its radio equipment in a manner that will allow clear reception that is free from static,squelching tails and interference. 5• 1ui4ment Maintenance and Replacement, Equipment purchased and owned by DISTRICT during the term of the Agreement for Provision of Communication Services which commenced on January 1, 1993 shall be maintained and replaced at DISTRICT's expense utilizing CITY's contracted repair services.vendor. Those items are: a• One Motorola MSR 2000 base station. b• One antenna. C. Two cavity filters. -2- FROM :MOUNTAIN VIEW POLICE DEPT FAX NO. :6509036757 May. 24 2006 04:23PM P3 i' d, One antenna coaxial cable, C. Four miscellaneous RF cables. 6. Infor�nZtion Updates. DISTRICT shall be required to provide and maintain timely;accurate geographic data and related emergency information necessary for the efficient dispatching of emergency resources by CITY. DISTRICT will incur all costs .related to updating information within DISTRICT. I 7. C n Uential Information_ DISTRICT shall provide CITY with proof of State- required information on all DISTRICT personnel having access to confidential information and furnish information necessary to build the required security files. DISTRICT is responsible for proper use of criminal justice information disseminated by CITY. CITY shall not be liable in the event of misuse. 8. T_eg of.A, a ment. CITY shall furnish,through the Support Services Division,the agreed-upon,services as above set forth for a period of two (2) years, commencing July 1,2006 and expiring June 30,2008. This Agreement may be extended for up to a two (2) year period as mutually agreed upon by CITY and DISTRICT. event both In the parties agree to extend this s Agreement,and the total annual fee is to increase more than five (5) percent,CITY agrees to give DISTRICT written notice no later than January 1 (six months prior to extension commencement). 9. ennination of A *eemen . This Agreement will be terminated by either party,CITY or DISTINCT, for any reason whatsoever upon providing six (6) months written notice of cancellation. In the event of termination,DISTRICT will pay the cost for removing DISTRICT-owned equipment from CITY's Emergency Communications Center. 10. In e e dtt_Agency. It is agreed that DISTRICT is an-independent agency, and all persons working for,or under the direction of, DISTRICT are agents, servants or employees, and,said persons shall not be deemed agents,servants or employees of CITY. 11. Hold Harmless. a. CITY hereby agrees to indemnify, defend and hold harmless DISTRICT from and against all liability for all claims,suits, damages,injuries, costs, losses and expenses,including attorneys' fees and court costs in any matter related to or occurring during the program, provided that the matter giving rise to the liability is directly attributable to the negligent or wrongful acts or omissions of CITY employees or agents or otherwise arise out of matters,which by the terms of this Agreement;are the responsibility of CITY. -3- FROM :MOUNTAIN VIEW POLICE DEP- FAX NO. :6509036757 May. 24 2006 04:23PM P4 b. DISTRICT hereby agrees to indemnify, defend and hold harmless CITY, its officers, agents and employees from and against all liability for all claims, suits, damages, injuries, costs,losses and expenses, including attorneys' fees and court costs in any matter related to or occurring during the program,provided that the matter giving rise to.the liability is directly attributable to the negligent or wrongful acts or omissions of DISTRICT's employees or agents or otherwise arise out of matters,which by the terms of this Agreement, are the responsibility of DISTRICT. 12• Applicable Laws and Attorneys' Fees. This Agreement shall be construed and enforced pursuant to the laws of the State of California. brought Should any legal action be g t by a party for breach of this P Agreement tS' g eennent or to enforce any provision herein, the prevailing party of such action shall be entitled to reasonable attorneys'fees, court costs, and such other costs as may be fixed by the court. Reasonable attorneys'fees of the City Attorn.ey's Office or DISTRICT Counsel,if private counsel is not used, shall be based on comparable fees of private attorneys practicing in Santa Clara County. 13. pHces. Any notice required to be given to DISTRICT shall be deemed to be duly and properly given if mailed to DISTRICT,postage prepaid, addressed to: General Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altos,CA 94022 or personally delivered to DISTRICT at such address or at such other addresses_ as DISTRICT.RICT may designate in writing to CITY. Any notice required to be given to CITY shall be deemed to be duly and properly , given if mailed to CITY,postage prepaid,addressed to: Police Chief City of Mountain View 1000 Villa Street Mountain View,CA 94041 or personally delivered to CITY at such address or at such other addresses as CITY may designate in writing to DISTRICT. 14. Waiver. The failure of either party to insist upon a strict performance of any of the tern-Ls, conditions and covenants contained herein shall be deemed a waiver of any rights of remedies as CITY or DISTRICT may have,and shall not redeem a waiver of any subsequent breach of default of the terms,conditions and covenants contained herein. -4,- i FROM :MOUNTAIN VIEW POLICE DEP" FAX NO. :6509036757 May. 24 2006 04:24PM P5 i 15. gMability. If any one or more of the covenants or agreements or portions thereof provided in this Agreement shall be held by a court of competent jurisdiction in a final juridical action to be void, voidable or unforeseeable,such covenant or covenants,such agreement or agreements,or such portions thereof shall be null and void and shall be deemed separable from the remaining covenants or agreements or portions thereof and shall in no way affect the validity or enforceability of the remaining portions of this Agreement. 16. Cations. The captions in this article of this Agreement are inserted for convenience purposes only and shall not affect the terms of this Agreement. 17. Entire Ag ee ent. This Agreement contains the entire understanding between the parties with respect to the subject matter herein. There are no representations, agreements or. understandings (whether oral or written) between or among the parties relating to the subject matter of this Agreement which are not fully expressed herein. This Agreement may not be amended,except pursuant to a written instrument signed by both parties. -5- FROM :MOUNTAIN VIEW POLICE DEPT FAX NO. :6509036757 May. 24 2006 04:24PM P6 IN WITNESS WHEREOF, this Agreement is executed by CITY and by DISTRICT. This Agreement is dated July 1,2006. APPROVED AS TO CONTENT: ,.CITY CITY OF MOUNTAIN VIEW, a California Charter City and municipal- corporation Police Chief . By: FINANCIAL APPROVAL: City Manager "DISTRICT": Finance and Administrative MIDPENINSULA REGIONAL OPEN Services Director SPACE DISTRICT APPROVED AS TO FORM: By: General Manager City Attorney APPROVED AS TO FORM: By: District General Counsel CY/S/POL Taxpayer I.D. Number 312-05-02-06AA -6- Z Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-06-67 Meeting 06-14 May 31, 2006 AGENDA ITEM 3 AGENDA ITEM Authorization to Amend Contract with Graphic Arts Center Iub i ing Company for Distribution and Promotion of Peninsula Tales & Trails ou h D ember 31, 2007 GENERAL MANAGER'S RECOMMEND- Authorize the General Manager to execute an amendment to the contract for distribution and motion serv ices of Peninsula Tales & Trails with Graphic Arts Center Publishing Company promotion p through December 31, 2007. DISCUSSION At your March 26, 2003 meeting, you authorized the General Manager to enter into a contract with Graphic Arts Center Publishing Company(GACPC) of Portland, Oregon for an amount not to exceed $58,600 for production and promotion of Peninsula Tales & Trails, a trail guide book District's 30`" anniversary see commemorating the y ( Report R-03-36). The term of the original contract expired on March 31, 2006. The District and GACPC mutually desire to continue the professional services previously provided by GACPC to the District for the distribution and promotion of the remaining copies of Peninsula Tales & Trails. GACPC has since filed a petition for relief under Chapter l l of the United States Bankruptcy Code, entitled In re Graphic Arts Center Publishing et al., as Case No. 306-30868-tmbl l in the United States Bankruptcy Court for the District of Oregon. GACPC, as debtor in possession, may enter into personal service contracts in the ordinary course of business and is authorized under the Bankruptcy Code to enter into the amended contract. Under the proposed Amendment, GACPC will continue to market and distribute the remaining book inventory, which consists of 1,054 copies as of the April 3, 2006 Inventory Report, through December 31, 2007. GACPC was responsible for the successful promotion and sales of more than 4,700 copies of the book. GACPC will be compensated for sales of the book per the terms of the original contract: GACPC will retain a commission of 25% on each copy of the book and pay the District 75% of net revenues, less any returns. Any additional requests for payment under the contract submitted by GACPC (for any possible future shipping or promotional expenses) will contain sufficient R-06-67 Page 2 information to determine whether the amount deemed due and payable is accurate and will be paid from monies designated in the Public Affairs FY 2006-2007 budget. Per the terms of the original contract, within 90 days after the end of each calendar month of invoicing, GACPC renders a monthly account of sales of the inventory to the District and pays the District monthly on the 30'h of each month the net amount due (less the commission), which is retained by GACPC. The District is owed approximately $15,305.05 in pre-petition sales payments. The District is filing a claim with the Bankruptcy Court for payment of these monies. Any sales monies owed after April 8, 2006 will be paid in accordance with the amended contract. Given the District's positive experience with the professional services provided by GACPC during the past three years for the production, promotion, and distribution of Peninsula Tales & jjqjLs, staff recommends the District amend the contract with Graphic Arts Center Publishing Company for promotion and distribution services through December 31, 2007. Prepared by: Kristi Altieri, Public Affairs Specialist Contact person: Duncan Simmons, Attorney Claims No. 06-10 Meeting 06-14 Date 5/31/06 Revised Midpeninsula Regional Open Space District # Amount Name Description 4898 $509.00 *1 A-Abco Rents Rental Equipment-SPD Forum 4899 $169.01 ADT Security Services Alarm Service-SFO 4900 $%00 American Red Cross Red Cross Training 4901 $17A9 AT&T Fax Service-FFO 4902 $138.53 Baillie,Gordon Reimbursement-SPD Forum Expenses 4903 $1,935.02 Barg Coffin Lewis&Trapp Legal Services-Fish Passage Project 4904 $305.22 Big Creek Lumber Lumber Materials-ECDM 4905 $134.81 California Water Service Company Water Service-Windy Hill&AD 4906 $756.26 Cascade Fire Equipment Company Field Supplies 4907 $1,621.80 City Of Los Altos Annual Sewer Service Charges 4908 $20.00 City Of Palo Alto Utilities Utility Fees-Black Mountain 4909 $159.68 Clean Source Janitorial Supplies-AO 4910 $3,259.61 CMK Automotive Inc. Vehicle Maintenance&Repairs 4911 $199.28 Congdon, Bunny Reimbursement-SPD Forum&DNC Supplies 4912 $33.82 Cousins,Stella Reimbursement-Mileage 4913 $205.09 Cuzick, Elaine Reimbursement-SPD Forum Expenses&Mileage 4914 $1,825.00 D&J Rooter Septic Tank Repairs-Rental Residence 4915 $80.00 Danielson,Dennis Reimbursement-SPD Forum Expenses 4916 $3,880.76 Deborah Mills-Design Concepts 2006 Summer Newsletter&Calendar 4917 $16,465.15 *2 Dell Commercial Credit Software&65 Exchange Server 2003 CAL Licenses,4 Workstations With Monitors&3 Copies Microsoft Project 4918 $536,07 Deluxe Business Checks&Solutions Printing Services-Accounts Payable Checks 4919 $90-00 *3 Department Of Pesticide Regulation Pesticide Application Fee 4920 $3,797.83 ESRI Maintenance On Are GIS Software&Extensions 4921 $112.20 Fed Ex Shipping Charges 4922 $11,518.26 First Bankcard Field Supplies-2,987.81 Office Supplies-246.29 Computer Expenses-411.87 Local/Out Of Town Business Meetings-416.20 Conferences&Training- 5,551.28 Special Event Supplies-1,454.81 Dumpster Service-450.00 4923 $498.38 Forestry Suppliers, Inc. Field Supplies 4924 $697.60 Frederic Knapp,AIA Construction Management Services-Picchetti Winery Seismic Upgrade 4925 $59.02 G&K Service Shop Towel Service 4926 $119.83 Great Printing&Copies ECDM Maps 4927 $187.77 Green Waste Recovery, Inc. Garbage Service-SFO 4928 $90.00 Jim Davis Auto Smog Checks 4929 $365.81 Lab Safety Supply Field Supplies 4930 $198.03 Lenington,Kirk Reimbursement-Mileage 4931 $2,657.48 LFR Levine Fricke Engineer&Design Services-ECDM 4932 $60.00 Macke Water Systems,Inc. Water Dispenser Rental-Two Months 4933 $8.08 Miller,Starr&Regalia Legal Services-Fogarty/MacFarlane Litigation 4934 $970.39 Office Depot Office Supplies 4935 $165,00 Overhead Door Company Of Santa Rollup Door Service&Repair-FFO Clara 4936 $6.06 Paterson,Loro Reimbursement-Vehicle Supply 4937 $5%93 Peninsula Digital Imaging 24 Sets Of Drawings For The ECDM Water Protection Program/SPD Forum Displays/Scanning Services 4938 $1,650.00 Petrotek Source Test Required By Bay Area Quality Management District 4939 $2,000.00 Portola Park Heights Property Owners 2006 Road Dues Association 4940 $2,464.57 Post Haste Direct Mail Services Mail House Services Page 1 of 3 Claims No. 06-10 Meeting 06-14 Date 5/31/06 Revised Midpeninsula Regional Open Space District # Amount Name Description 4941 $5,599.45 *4 Post Haste Direct Mail Services Mail House Service-Summer 2006 Newsletter 4942 $54.13 Presentation Systems Rental-Portable Loud Speakers 4943 $143.10 Priority 1 Vehicle Repair&Supply 4944 $159,02 Quality Toner Products Toner Cartridges 4945 $6,020.29 Roy's Repair Service Vehicle Repairs&Service 4946 $197.08 Safety Kleen Solvent Tank Service-FFO 4947 $53.40 Sagues, Matt Reimbursement-Mileage 4948 $25,00 *5 San Mateo County Notice Of Exemption-Woods Property 4949 $60.00 Sanguinetti,David Reimbursement-Cell Phone 4950 $18,727.05 Shute,Mihaly&Weinberger LLP Legal Services-Coastal Annexation Litigation 4951 $142.79 Smith,Jeff Reimbursement-Bike Patrol Supplies 4952 $96.29 Smutnak,Greg Reimbursement-Uniform Expense&Map Book 4953 $1,194.79 *6 Staples Credit Plan Office Supplies&Laserjet Printer 4954 $754.50 Summit Uniforms Uniform Expenses 4955 $55.37 Sunnyvale Dodge Vehicle Supply 4956 $420.90 The Workingman's Emporium Uniform Expenses 4957 $606.03 Tires on the Go Tires 4958 $16,99 United Parcel Service Parcel Shipping 4959 $374.26 United Site Services, Inc. Sanitation Services 4960 $312.49 Verizon Cellular Phone Service 4961 $140.68 West Coast Aggregates,Inc. Rock For Mills Creek OSP 4962 $80.96 West Payment Center Monthly Legal Subscription 4963 R $5.00 American Red Cross Training Certificate 4964 R $161.89 AT&T Voice Mail Service-AO 4965 R $240.00 CAL-PAC Section SRM Symposium-Grazing For Biological Conservation 4966 R $17,391.04 Caterpillar Financial Services Mini Excavator Lease&Purchase Buyout-Trail Corporation Construction&Maintenance 4967 R $64,84 Clean Source Janitorial Supplies-AO 4968 R $104.00 County Of Santa Clara-Office Of The Fingerprinting Services Sheriff 4969 R $45,39 Cousins,Stella Reimbursement-Mileage 4970 R $55.00 Del Rey Building Maintenance Replace Lights-AO 4971 R $1,217.88 EDAW Master Plan Contract Services-Sierra Azul&Bear Creek Redwood 4972 R $4,972.50 Go Native Nursery,LLC Herbicide Spraying 4973 R $442.00 Liebert Cassidy Whitmore Legal Services-Personnel 4974 R $62.00 Maciel,John 4 New Employee's Orientation Lunch 4975 R $14,676.09 Patsons Media Group 2006 Summer Newsletter&RSA Brochures 4976 R $233.25 Petty Cash Parking&Mileage,Local Business Meetings,Training, SPD Forum Supplies,Office Supplies&Volunteer Supplies 4977 R $117.00 Roessler,Cindy Reimbursement-Tuition 4978 R $825,00 Systems for Public Safety Recruitment-Background Research Page 2 of 3 Claims No. 06-10 Meeting 06-14 Date 5/31/06 Revised Midpeninsula Regional Open Space District # Amount Name Description Total $136,382.29 *1 Urgent Check Issued 5/12/06 *2 Urgent Check Issued 5/24/06 *3 Urgent Check Issued 5/12/06 *4 Urgent Check Issued 5/22/06 *5 Urgent Check Issued 5/12/06 *6 Urgent Check Issued 5/23/06 Page 3 of 3 Regional Open S, ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: L. Craig Britton, General Manager DATE: May 26, 2006 RE: FYI s I� i Regional Open Sptce -------------------- May 11,2006 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT The Honorable Fran Pavley Chair, Budget Subcommittee#3 P.O. Box 942849 Sacramento,CA 94249-0041 RE: AB 2479(Cogdil1NiHines)—SUPPORT Dear Assemblymember Pavley: The Midpeninsula Regional Open Space District urges your support of AB 2479(CogdillNillines),a bill to provide $2.5 million in funding to the state network of Weed Management Areas(WMA)operated by county agricultural commissioners and the California Department of Food and Agriculture. AB 2479 will help fund local weed management areas and their ongoing efforts to manage and eradicate invasive,noxious weeds that are detrimental to the environment and to our local agricultural landscapes. WMAs have been effective in coordinating and bringing together land management stakeholders at the local level. These stakeholders include public agencies such as our District,nonprofit land trusts and organizations,and private landowners.The funds provided by the state's program generate significant participation and supplement funding for projects to protect the environment and agriculture. In 1994, the Midpeninsula Regional Open Space District's Board of Directors adopted a comprehensive set of Resource Management Policies.These Policies serve as the foundation of the District's Resource Management Program and outline a wide range of goals necessary to ensure the long-term protection of natural resources on District open space preserves.The Program's protection and restoration goals include removing invasive,noxious species and restoring seriously degraded sites to natural conditions.The District has worked diligently to control and remove non-native, invasive species, including yellow star thistle,Harding grass, and slender false brome.The District has recently worked in coordination with the San Mateo County Weed Management Area to educate the public and adjacent,private landowners about the invasive weed slender false brome. AB 2479 provides $2.5 million in funding to the California Department of Food and Agriculture Fund, from which funds have been made available to WMAs for control and abatement of noxious weeds and for research and outreach programs.These management programs mitigate the harmful effects of non-native,invasive weed species on our District's open space and wild lands and our local county and state parklands. We respectfully urge your support of AB 2479. Sincere a L. Craig itton General Manager cc: Honorable Sheila Kuehl (Fax: 916/324-4823) Honorable Dave Cogdill(Fax: 916/319-2125) Doug Johnson, Executive Director, California Invasive Plant Council(Fax: 510/217-3500) Honorable Barbara Matthews(Fax: 916/319-2117) MROSD Board of Directors Ralph Heim,Public Policy Advocates, LLC(Fax: 916/441-3549) 33o Distel Circle 650-691-i2oo 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- Dear Mo. 8eimobe, Today is the meeting of our Sao Mateo County Weed Management Area, and Cindy Roessler is the chair of our group. I 'm using an example of your District's management of Russian Ridge's native ecosystems as a general point of discussion within our group, and I wanted you and your District's Board to be included in the discussions, by sending you a copy of that email' ------------------------------ Dear 3M County WMA, � | Today is the 3MC WMA meeting, and Z wanted to raise again a point about / out strategic plan---about our overall focus on individual weeds may be missing the point, regarding the wildlaodo (non-tilled agriculture � lands) and native ecosystems of San Mateo County. Two concepts for our #MA, not yet stated yet: � I. ) Our WMA is established to focus on wildlaoda weeds, rather than � farmland agriculture weeds? "Wildlaoda" defined as areas consisting of native vegetation and/or � unplanned naturalized exotic plants, where the land is not regularly � tilled or cultivated, but could include landscapes periodically sprayed or mowed, like along highway roadsides. 2. ) Our WMA goal, after weed management is accomplished, is for healthy | local native ecosystems? � � When our WMA has a focus on individual weed species of San Mateo � County, we may miss the steep downward spiral for the whole ecosystem � � that has been occurring. � ! � I' ll cite two major examples of where a lot of effort or money is being � spent locally to manage individual weed, and perhaps missing the � overall ecosystem health: 8dgewood Park and Russian Ridge of � Midpeoivaula Open Space District. � � EDGEWO0D EXAMPLE: Thera been a whole lot of annual efforts to manage the yellow star thistle (YSr) , since it was introduced in the later 1970 by someone spreading gravel contaminated with Y8T seed on the � Billorest entrance road, from 8illoreot to the PGE substation. � | � By monitoring 8dgewood ecosystems in 1960 and 1987, the overall � ' ecosystem trend has been unfortunately plunging downward. By focusing � � on the obvious and visually objectionable weed, the YST, two less � obvious grass weeds have been allowed to destroy the Sdgewood ecosystem � � in the meantime: the annual Braobypodium and the Perennial zyegzaaa. . � � Edgewood' s native perennial grasses have been on an overall steep decline wherever those two exotic grasses are present. You can unfortunately see massive amounts of the annual Bzacbypodium turning Edgewuod hillsides a sickly lime green each spring. If you were to grade Edgewood's overall grassland/wildflower ecosystem, with 90% or better native cover gets an "A", since the park overall is now at least 51% weed-infested, it would receive an "F11 or failing grade. Even the formerly spectacular Edgewood wildflower areas are slowly being destroyed by the unmanaged Brachypodium and Ryegrass. So I hope that everyone agrees that our WMA may need change our focus on individual weeds, and instead monitor and invent efficient techniques to manage whole native ecosystems, and have Ecological Restoration as the foundation of our group. RUSSIAN RIDGE example: Even worse than Edgewood' s declines, is the Russian Ridge's lack of adequate ecosystem management or ecological restoration of the native grassland ecosystems over the past 35 years, leaving less than 30% overall native cover on that preserve. Native perennial grass cover in 2003 overall was 12% cover. And the wildflower cover at Russian Ridge in 2003 was 14% overall. However checking in 2006, showed that in only three years, the lack of ecosystem management has caused the perennial native grass component to plunge to less than 1% overall, plus whole families of wildflowers are on the verge of extinction. One example is the fraction of less than 1% cover of Russian Ridge' s native clovers (Trifolium) hanging on for dear life and just before extinction, being killed by the decades of neglect, by the exotic clovers that have been allowed to infest the land. Our WMA' s focus on individual obvious weeds, and not monitoring overall ecosystem health, will cause the eventual extinction of our County' s native ecosystems. Our County' s native ecosystems over the last 150 years have been slowly disappearing, largely unnoticed and unrecorded, and will continue towards eventual extinction, unless our WMA puts overall ecosystem health ahead of individual weed management. I strongly urge, that our WMA put a strong Ecological Restoration and Ecosystem health component into our strategic plan. Thank you. Sincerely, Craig Dremann (650) 325-7333 Dear Ms. Reimche, Here's today's San Mateo County Weed Management Area discussion and information about the Russian Ridge grasslands for your District's Board. This discussion described how the native grasses that still exist on your property, could potentially face extinction by unless immediate action is started by the District. Sincerely, Craig Dremann (650)325-7333 Box 361, Redwood City, CA 94064 ----------------------------- Subject: WMA ecosystem focus, and save endangered grasslands? Date: Wed, 17 May 2006 12:58:09-0700 Dear WMA, I am hoping that our WMA and its members, will establish overall ecosystem health and Ecological Restoration as a top priority. For example, the rare and endangered ecosystems within our County---especially those in our public lands and along our Caltrans and County roadsides---should not be allowed to flat-line? Shouldn't Edgwood Park, Mid-pen's Russian Ridge, and I-280s Caltrans native grasslands, be measurably increasing every year in cover---rather than continue their slow slide towards extinction? Using Excel and charting a linear trendline for Edgewood's or Russian Ridge's native grass cover,the native grasses on those two properties could become extinct by 2028, without some immediate and successful interventions. When any native plant resource ends up at only 10% cover, like it has at Edgewood and Russian Ridge, it is very difficult to measure, or even be aware of the continued downward trends---especially when you are loosing only another 2% every 5 years. It's like having a very slow leak in a tire,you don't notice it until it's flat---and as an ecosystem gets closer to flat-lining, the more difficult it can become to save it. Here's what a straight-line trend looks like for the overall native grasslands at Russian Ridge and Edgewood Park: Year Native grass% cover 1850 90 1900 65 1960 35 1987 20 2006 10 2010 8 2015 6 2020 4 2025 2 2028 0 So shouldn't our WMA promote ecosystem health and Ecological Restoration at the top of our efforts, with individual weed concerns as a subset? Sincerely, Craig Dremann (650)325-7333 Regional Open �� ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: L. Craig Britton, General Manage DATE: May 31, 2006 RE: FYI's ,.1.4TEROFFICE MEMORANDUM May 24, 2006 TO: L. Craig Britton, General Manager FROM: G. Baillie, Management Analyst SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY i Month April Year 2006 DISTRICT VIOLATIONS CITES TOTALS OTHER CRIMES TOTALS Bicycles Marijuana growing site 2 Closed area 14 14 Speed 2 2 Helmet 3 4 ACCIDENTSANCIDENTS Dogs Bicycle accident 0 Prohibited area 6 10 Equestrian accident 0 Off-leash 10 15 Hiking/running accident 3 Off-road vehicles 0 0 Other first aid 1 Closed area 9 9 Search & Rescue 1 After hours 0 2 Vehicle accident 0 Fishing 2 2 LZ air evacuation 0 Vandalism 0 6 Fire 0 Parking 10 14 Parking after hours 6 7 Dumping 0 4 ENFORCEMENT Camping 0 1 Parking citations 16 Campfires 0 2 Other citations 50 Weapons Written warnings 11 Actual contact (potato gun) 3 3 Arrests 0 Evidence of 0 1 Police assistance 0 Vehicle closed area 0 0 Group wlout permit 0 1 Smoking 0 0 MUTUAL AID Vehicle closed area 0 1 Accident 3 Collecting plants 0 5 Fire (vehicle) 0 Use of headphones 0 1 Law enforcement 1 False information to PO 0 1 Medical aid 0 Urinate in public 1 1 SUMMARY OF SIGNIFICANT INCIDENTS BY DATE Date 2 Rangers found the remains of a bonfire in Sierra Azul on Mount Umunhum Road at gate SA-07. In addition, there were three bags of trash, many broken alcohol bottles, and fresh graffiti. Later, a neighbor from the area contacted a ranger with additional information. He saw the fire burning at 5:00 a.m. There were two vehicles and four associated subjects sleeping in the middle of the road. The neighbor called the Sheriff's Department. The neighbor returned to the site one hour later, and the vehicles were gone and the fire was out. The sheriff's deputy who responded said he was unable to locate the people or the fire. 4 A ranger hiking off trail in Monte Bello came upon a couple of plastic garbage cans with apparent soil amendment in each one. In addition, there were rat traps and tin cans with wire running through them. One of the soil amendment bags and photographs were taken as evidence of probable marijuana cultivation. 6 A large amount of household trash was dumped next to Page Mill Road in Foothills OSP. The roadside area was cleaned up. Much of the remaining garbage, about three truckloads, is on steep slopes exceeding 60 degrees and may require ropes to clean up. A fence has been constructed to thwart further dumping. 10 A ranger observed a recent encroachment in the Twin Creeks area of Sierra Azul. There was evidence of recent pruning and tire tracks, which look like they were from an ATV. An incident report was filed in June 2005 on this encroachment. A letter was sent to the adjacent landowner requesting compliance. This report was forwarded to the Land Protection Specialist. 10 A ranger was on foot in the Twin Creeks area of Sierra Azul and observed a clearing of approximately V2acre in the chaparral on a distant ridge. The ranger had been in the area before and observed a fairly large spring. This information was forwarded to the Santa Clara County Marijuana Task Force. 15 Chicken parts were discovered adjacent to Lost Trail at Windy Hill, along with black-eyed peas and a gourd. It is believed that the dumping is associated with occult practices that have occurred on District lands. 17 An aerosol-powered 'potato gun' was being discharged near a ranger on patrol at Long Ridge. Uncertain exactly what the device was, and since it was near state park land, a state park ranger was requested to help investigate. The three men were issued citations. 18 A ranger contacted several runners at Windy Hill, believed to be participating in a Hash House Harrier event. This group is known for consuming alcohol while conducting unpermitted running events. No actual violations were observed, but several people were verbally warned. 19 At Long Ridge a cyclist without a helmet at first did not stop, perhaps because of his headphones. He was cited for the helmet violation and verbally warned for wearing headphones while operating a bicycle,which was one of the Ordinances that was added in the last revision process. 20 Household garbage was dumped in the parking lot at Thornewood. This has been a chronic problem at Thornewood. 23 Thirteen 'bicycle prohibited' citations were issued on seasonal closed trails at Long Ridge. April vandalism 9 At Skyline Ridge all the windows were broken out of the Christmas Tree farm entry building adjacent to Skyline Blvd. vandalized with graffiti. A large marking pen was 11 At Purisima the restroorn at Higgins Road was used on both the inside and outside of the building. 15 A plywood-covered door on the dredge (old barge at waters edge) was broken into at Ravenswood. Also, four locations at one building on the POST property at Ravenswood were broken into. 22 The lower lot restroorn at Windy Hill was marked up with a permanent marker. 24 All signs by gate SA-08 in Sierra Azul were paint-balled. 29 Two shots through a gate sign at Skyline Ridge were discovered. JED CYR President, Board of Directors Midpeninsula Regional Open Space District 330 Distel Circle, Los Altos, CA 94022 650-691-1200 May 24, 2006 I L. Craig Britton, General Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Re: Call for a Special Meeting Dear Craig: I would like to call a Special Meeting of the Board of Directors of Midpeninsula Regional Open Space District for Wednesday, May 31, 2006 at 6:00 .m. at 330 Distel Circle, Los Altos, p Y Y P California. This Special Meeting is called for the purpose of conducting a closed session to p g P�'P g discuss labor negotiations and to discuss pending litigation. It is also called to consider the followingDistrict business in public session: p i • Authorize General Manager to Contract With LA Consulting, Inc. to Conduct a Land Management Cost Evaluation and Efficiency Study; • Renew the Dispatch Services Contract with City of Mountain View; and • Authorize General Manager to Execute Amendment to Contract with Graphic Arts Center Publishing Company for Distribution and Promotion Services through December 31, 2007. Please send a public notification for this meeting at your earliest convenience. Thank you. Sincerely, Jed Cyr President, Board of Directors Midpeninsula Regional Open Space District cc: Sally Thielfoldt, District Clerk MROSD Board of Directors