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HomeMy Public PortalAbout20060809 - Agenda Packet - Board of Directors (BOD) - 06-19 Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 06-19 SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 6:30 p.m. Wednesday, August 9, 2006 330 Distel Circle Los Altos, California Please Note: 6:30 p.m. Special Meeting Start Time 7:30 p.m. Regular Meeting Start Time AGENDA* 6:30 ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT—RESOURCE MANAGEMENT STUDY SESSION III Discussion of Districts resource management program and strategies for further action. 7:30 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE i DISTRICT ** ORAL COMMUNICATIONS—Public ADOPTION OF AGENDA—J. Cyr *** ADOPTION OF CONSENT CALENDAR—J. Cyr *** APPROVAL OF MINUTES -July 12, 2006 WRITTEN COMMUNICATIONS BOARD BUSINESS 7:40* 1 Approve Cooperative Service Agreement and Right-of-Entry Permit for the United States Department of Agriculture Wildlife Service to Conduct Predator Control at Ravenswood Open Space Preserve; Determine Recommended Actions are Categorically Exempt from CEQA; Authorize the General Manager to execute the attached Right-of-Entry Permit allowing access into Ravenswood for the purpose of conducting wildlife predator management activities; Authorize the General Manage and General Counsel to approve minor revisions to the Right-of- Entry Permit; Authorize payment to APHIS-WS of budgeted funds for wildlife predator management activities for a total amount not to exceed$55,000.—S. Cousins 7:45 2 Approve Agreement with San Mateo County Mosquito Abatement District for Vector Surveillance and Control Activities, Determine Recommended Actions are Categorically Exempt from CEQA; and Authorize the General Manager to Sign the Agreement.—M. Jesperson f Meeting 06-19 Page 2 8:00 3 Approve Memorandum of Agreement with Midpeninsula Regional Open Space District Field Employees Association and Approve Salary and Benefits for the Office, Supervisory and Management Employees; Adopt accompanying resolution approving the Memorandum of Agreement for a term of April 1, 2006 through March 31,2011; Adopt the accompanying resolution approving the Salary and Benefits for the Office, Supervisory and Management employees; Amend the Position Classification and Compensation Plan as recommended, Appropriate funds from the Fixed Assets category of the 2006/2007 fiscal year budget to be transferred to Salaries and Benefits; Direct staff to work with the California Public Employees Retirement System to implement the appropriate provisions of the actions as necessary, including returning to the Board for timely completion.—S. Rice 8:20 4 Authorize General Manager to execute a retainer agreement with the law firm of Pillsbury Winthrop Shaw Pittman in the Matters of: Fogarty v. Midpeninsula Regional Open Space District; Saratoga Country Club v. Midpeninsula Regional Open Space District; and an encroachment and conservation easement violation at Sierra Azul Open Space Preserve; Authorize additional legal fees in the matter of Fogarty v. Midpeninsula Regional Open Space District for the Pillsbury Law Firm in an amount not to exceed $30,000; Approve the payment of previously approved funds for Miller Starr&Regailia to Pillsbury in the above matters. —S. Schectman 8:25 5 Approve Amendment to Purchase Agreement-Bargain Sale for the proposed purchase of Peninsula Open Space Trust(Driscoll Ranch)property(San Mateo County assessor's parcel numbers 078-270-010, -020, -030; 078-290-010, -020, -030, -060; 082-140-020; 082-170-010, - 040, located in unincorporated San Mateo County adjacent to Highway 84)as an addition to La Honda Creek Open Space Preserve; Adopt Resolution approving Amendment to Purchase Agreement-Bargain Sale for the purchase of Peninsula Open Space Trust(Driscoll Ranch) property.—M. Williams *** 6 Adopt an amendment to the Use and Management Plan for Los Trancos Open Space Preserve to formalize an existing trail connection with Palo Alto's Foothills Park and to Realign a Section of Page Mill Trail; Designate the existing trail connection between the Preserve and Foothills Park as a hiking only trail; Realign the upper section of Page Mill Trail to accommodate drainage and recreation use improvements and to designate a portion of the trail as hiking only. —A. Ruiz *** 7 Authorize staff to solicit bids for four prefabricated fiberglass composite pedestrian/equestrian bridges for El Corte de Madera Creek Open Space Preserve.—M. Manning *** 8 Adopt a Resolution Establishing Financial Instrument Signatories for Santa Clara County Accounts. -- S.Rice ** REVISED CLAIMS INFORMATIONAL REPORTS—Reports on compensable meetings attended. Brief Reports or announcements concerning 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 matter at a future meeting; or direct staff to place a matter on a future agenda. ADJOURNMENT ' Times are estimated and items may appear earlier or later than listed.Agenda is subject to change of order. ** rO 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. Meeting 06-19 Page 3 Alternately,you may comment to the Board by a written communication,which the Board appreciates. All items on the consent calendar may be approved without discussion by one motion. Board members,the General Manager,and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. In compliance with the Americans with Disabilities Act,if you need assistance to participate in this meeting,please contact the District Clerk at(650) 691-1200. Notification 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to this meeting. If you'd like to read any of the reports on this agenda, please go to the District website, www.openspace.org. In the left column, click on Agendas and Minutes. Go to the date of the meeting you are interested in and click on view in the Agenda column. Scroll down the agenda and click on the report you'd like to read. Regional Open Space -MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-06-97 Meeting 06-19 August 9, 2006 AGENDA ITEM 1 AGENDA ITEM Approve Entering into a Cooperative Service Agreement with a fight-of-Entry Permit for the United States Department of Agriculture Wildlife Service(APHIS-WS)to C duct Pred or Control at Ravenswood Open Space Preserve GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the proposed actions are categorically exempt under the California Environmental Quality Act(CEQA)based on findings contained in this report. 2. Authorize the General Manager to execute the attached Cooperative Service Agreement with a Right of Entry Permit allowing the APHIS-WS access into Ravenswood Open Space Preserve for the purpose of conducting wildlife predator management activities. 3. Authorize the General Manager and General Counsel to approve minor revisions to the Right of Entry Permit. 4. Authorize payment to the APHIS-WS of budgeted funds for wildlife predator management activities for a total amount not to exceed$55,000. BACKGROUND APHIS-WS is the U.S. Department of Agriculture's Animal and Plant Health Inspection Service and is charged with providing Federal leadership and expertise to resolve wildlife conflicts that threaten the nation's resources. As part of this program, APHIS-WS strives to increase and protect populations of threatened and endangered species using various management techniques including predator control. In the San Francisco Bay, the APHIS-WS has been working in partnership with the U.S.Fish and Wildlife Service (USFWS) since 1991 to implement a predator management program that selectively and humanely removes problem predators in and adjacent to California clapper rail and salt marsh harvest mouse habitat. Predator control activities are currently occurring at Don Edwards San Francisco Bay National Wildlife Refuge, Palo Alto Baylands Nature Preserve, and Ravenswood Open Space Preserve (Preserve). The program at the Preserve is being conducted under a three-year Permit to Enter approved by the Board of Directors at your meeting of April 28, 2004(refer to Board report R-04-48). The current predator control activities are being funded by Starlink(formerly Aventis CropSciences, successor to Rhone-Poulenc)as mitigation for prior upland contamination. This funding is scheduled to end in May 2007. See Exhibit A(attached) for a map of the area subject to the existing, and proposed, Right-of-Entry Permit. R-06-97 Page 2 In April 2001, the District was notified on behalf of certain designated natural resource"Trustees,"the California Department of Fish and Game(CDFG)and the United States Fish and Wildlife Service (USFWS), that the District was a Potentially Responsible Party(PRP) for historic mercury contamination of the Guadalupe River watershed under the Comprehensive Environmental Response, Compensation, and Liability Act(CERCLA). In 2004, the District,together with other PR_Ps,entered into a settlement with the Trustees that required the PRPs to complete various projects that would yield compensatory long-term resource benefits. The District negotiated as its part of the global settlement to undertake additional predator control activities at Ravenswood Open Space Preserve, a high-resource benefit project for the endangered California Clapper rail. On September 22,2004,the Board of Directors approved the Consent Decree settlement, thereby also approving the additional predator control activities(refer to Board Report R-04-89). DISCUSSION The additional predator control activities would be implemented by APHIS-WS biologists and trained Wildlife Specialists. The Preserve constitutes a small,but critically important, component of the efforts to reduce predation of sensitive marsh avian populations. Virtually unimpeded access from Bay Road and the presence of substantial concrete construction debris on the District's portion of the upland area, known as Cooley Landing,makes depredation of sensitive species a significant problem at the Preserve. Further,restoration of tidality to the marsh in 2001 has led to the creation of additional habitat suitable for colonization by California Clapper rails migrating north from the Palo Alto Baylands Nature Preserve, the former Faber-Laumeister Tract. Under the Consent Decree,the District is obligated to permit and fund five years of predator control. Staff has negotiated the proposed control program with APHIS-WS at a funding level of$11,000 annually, for a total commitment not to exceed$55,000, all of which is to be paid in advance. These additional predator control efforts will begin following the end of the current three-year predator control agreement with Starlink in 2007. A condition of the Consent Decree, and this Agreement, is that APHIS-WS may determine to perform comparable predator control elsewhere if suitable conditions for effective predator control don't develop at the Preserve. Although it is highly unlikely,no predator control may be instituted at the Preserve if APHIS-WS concludes that more effective measures may be undertaken elsewhere with this funding. APHIS-WS would continue to target non-native red fox, feral dogs and cats, as well as skunks and raccoons, since these are known to exist in significant numbers. Problem predators would be hand caught or selectively trapped using either cage traps or soft-catch leghold traps and humanely euthanized. Non- target animals inadvertently caught would be released onsite. A captured cat or dog suspected of being a pet would be taken to the local humane society. Traps would be placed off trail, activated late in the day, and inspected early the next morning. APHIS-WS will provide the District with a copy of an annual predator management report, which would include information on the number of animals taken,methods of take, sightings of species of concern, and recommendations for any additional steps. FUNDING The total of$55,000 for the not-to-exceed funding of the Cooperative Service Agreement is included in both the Planning($50,000)and Operations($5,000)Departments' fiscal year 2006-2007 budgets. R-06-97 Page 3 ENVIRONMENTAL REVIEW Project Description The project consists of necessary actions to implement a predator management program to reduce the number of selected predators and increase the density and production of endangered species and colonial nesting waterfowl at Ravenswood Open Space Preserve. Management efforts include the installation of predator traps. The target predators are non-native red fox, feral cats and dogs,raccoons, and skunks. NEPA Determination In March of 1991,the U.S. Fish and Wildlife Service(USFWS)prepared the San Francisco Bay National Wildlife Refuge Predator Management Plan and Final Environmental Assessment in accordance with the National Environmental Policy Act(NEPA). As a result of this process, the USFWS filed a Finding of No Significant Impact(FONSI)after determining that the implementation of the predator management plan would not significantly affect the environment. CEQA Determination The District concludes that based on the available information, the actions proposed by the APHIS-WS will not have a significant effect on the environment. These actions are categorically exempt from the CEQA (California Environmental Quality Act) under Section 15301 and 15304 of the CEQA guidelines: Section 15301 exempts the minor operation,permitting, licensing or minor alteration of existing structures or topographical features involving negligible or no expansion of an existing use, and including maintenance of wildlife habitat areas to protect wildlife resources. The proposed predator control activities are a continuation of an existing program. Section 15304 exempts minor alterations in the condition of land, water,and/or vegetation including minor alterations,which result in improvement of habitat for wildlife resources. PUBLIC NOTIFICATION Staff mailed a notice of this meeting and posted a copy of this notice onsite and on the District web page. Prepared by: Stella Cousins,Planning Technician Contact person: Stella Cousins,Planning Technician Duncan M. Simmons, Assistant General Counsel RAVENSW( 7D OPEN SPACE ""RESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 1 I N Ravenswood Point r . a ._ 81 DON EDWARDS NATIONAL VVILDLIFE OREEUCE I Y � i DON EDWABDs t Y OJ Map Legend 00 SANFRANKISt BAY NATIONAL 4NLDLIF1 REFUGE \ 1 Cate(Ns) (WA02) l./' \'5 RAVENSWOOD Trail Distance in Miles \ OPENSPACE PRESERVE - —. Preserve Boundary Whit le Parking Lot r' SALT EVAPORATORS I9 SALTEVARWAIM Nature Crnler 1-�.. %Mu de 4r(r,.Trail D« Subject of I Right-of-Entry Q r 7 / RAVENiSWXV) ` Permit Point of Interest OPENSyAQ 1 �,1.2 PRESS VE F �- Other Public Land, Cooley Landing { r` � �IR11f111 - � hlanh (W°2� " Nu Public Entry NA SERVE 4s-PRESERVE For trail information,refer to a Palo Alto Baylands Nature \ Preserve trail map. \ Trail Use Bay Trail AST PALOALTO ._,_:,.. t �,✓ `�^ -.`- "king,Bicycling Note: ea1+�r.fiwtuR Dogs are not - kft—het Center j= allowed on -" This preserve. r- � I EXHIBIT A: RIGHT-OF-ENTRY PERMIT FOR USDA-WS oo .1 2 3 A .6 x .y 1.0 One Mile Agreement No: 06-73-06-5998-TF Accounting Code: 783-7306-076 COOPERATIVE SERVICE AGREEMENT TRUST FUND between MIDPENINSULA REGIONAL OPEN SPACE DISTRICT(COOPERATOR) and UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE WILDLIFE SERVICES(APHIS-WS) ARTICLE I—PURPOSE The purpose of this Agreement is to conduct wildlife damage management(WDM)activities for predator management control specifically to reduce predation of the federally listed California clapper rail,endangered salt harvest mouse, and snowy plover and other ground nesting birds from the Ravenswood Open Space Preserve(Preserve)within the Ravenswood Marsh located in the county of San Mateo,California. ARTICLE 2-AUTHORITY APHIS-WS has statutory authority under the Act of March 2, 1931 (46 Stat. 1468; 7 U.S.C.426-426b)as amended, and the Act of December 22, 1987(101 Stat. 1329-331, 7 U.S.C. 426c), for the Secretary of Agriculture to cooperate with States, individuals,public and private agencies,organizations,and institutions in the control of wild mammals and birds that are reservoirs for zoonotic diseases,or are injurious or a nuisance to, among other things, agriculture, horticulture, forestry, animal husbandry, wildlife, and public health and safety. ARTICLE 3- MUTUAL RESPONSIBILITIES The Cooperator and APHIS-WS agree: a. To confer and plan a WDM program that addresses the need for managing conflicts caused by red fox, feral dogs and cats,skunks, and raccoons at the Preserve located in Ravenswood Marsh in San Mateo County, California. The Cooperator and APHIS-WS agree to the five year Work and Financial Plan(Attachment A)which are incorporated into this Agreement by reference. b. When either of the Cooperating parties address the media or incorporate information into reports and/or publications, both Cooperating parties must agree, in writing,to have their identities disclosed when receiving due credit related to the activities covered by this agreement. Agreement No: 06-73-06-5998-TF Accounting Code: 783-7306-076 ARTICLE 4-COOPERATOR RESPONSIBILITIES The Cooperator agrees: a. To designate Ana Ruiz, Senior Planner, Midpeninsula Regional Open Space District, 330 Distel Circle, Los Altos,CA 94022(650)691-1200 as the authorized representative who shall be responsible for collaboratively administering the activities conducted in this Agreement; b. To provide to APHIS-WS,upon signature of this Agreement, a certified or cashier's check, personal check or money order payable to USDA,APHIS-WS, in accordance with the Work and Financial Plan for this Agreement. Expenses may consist of salaries, benefits,travel,and other expenses, including overhead,as estimated expenses for APHIS-WS officials to perform the Agreement activities. The amount of this advance will be subject to adjustment, as necessary,to maintain a balance to cover estimated expenses. Advances in excess of actual expenditures will be rolled over or reimbursed to Cooperator upon closure of the accounting record; C. If funds deposited by the Cooperator are not sufficient to continue or complete the requested services under this Agreement,Cooperator will deposit an additional sum before WS continues providing services; d. Provide a Tax Identification Number or Social Security Number in compliance with the Debt Collection Improvement Act of 1996; e. As a condition of this Agreement,the Cooperator ensures and certifies that it is not currently debarred or suspended and is free of delinquent Federal debt. ARTICLE 5—APHIS-WS RESPONSIBILITIES APHIS-WS agrees: a. To designate Craig Coolahan,California State Director, 3419-A Arden Way, Sacramento, California 95825 (916)979-2675 as the authorized representative who shall be responsible for collaboratively administering the activities conducted in this Agreement; b. The performance of wildlife damage management actions by APHIS-WS under this agreement is contingent upon a determination by APHIS-WS that such actions are in compliance with the National Environmental Policy Act, Endangered Species Act, and any other applicable environmental statutes. APHIS-WS will not make a final decision to conduct requested wildlife damage management actions until it has made the determination of such compliance; C. To provide qualified personnel and other resources necessary to implement the approved WDM program delineated in the Work and Financial Plan referenced in 3.a of this Agreement; d. To notify the Cooperator, if costs exceed the amounts estimated and agreed upon in the Financial Plan. APHIS-WS will cease providing goods or services unless and until a revision to the Work and Financial Plan,as appropriate,have been agreed to and signed by both parties and additional funds have been deposited by the Cooperator; Agreement No: 06-73-06-5998-TF Accounting Code: 783-7306-076 e. Authorized auditing representatives of the Cooperator shall be accorded reasonable opportunity to inspect the accounts and records of APHIS-WS pertaining to such claims for reimbursement to the extent permitted by Federal laws and regulations. ARTICLE 6—APHIS-WS CONDITIONS For costs borne by APHIS-WS,this agreement is contingent upon the passage of the Agriculture,Rural Development,and Related Agencies Appropriation Act for the current fiscal year from which expenditures may be legally met and shall not obligate APHIS-WS upon failure of Congress to so appropriate. This Agreement also may be reduced or terminated if Congress provides APHIS-WS funds only for a finite period under a Continuing Resolution. ARTICLE 7-ASSURANCES Nothing in this agreement shall prevent any other State,agency, organization or individual from entering into separate agreements with APHIS-WS or the Cooperator for the purpose of managing wildlife damage. ARTICLE 8—CONGRESSIONAL RESTRICTIONS Pursuant to Section 22,Title 41,United States Code, no member of or delegate to Congress shall be admitted to any share or part of this agreement or to any benefit to arise therefrom. ARTICLE 9—APPLICABLE REGULATIONS All WDM activities will be conducted in accordance with applicable Federal, State,and local laws and regulations. This agreement is not a procurement contract(31 U.S.C. 6303), nor is it considered a grant(31 U.S.C. 6304). In this agreement,APHIS-WS provides goods or services on a cost recovery basis to nonfederal recipients. ARTICLE 10—AGREEMENT EFFECTIVE DATE This agreement shall become effective upon the date of final signature and shall continue for a period not to exceed 5 years. This agreement may be amended at any time by mutual agreement of the parties in writing. It may be terminated by either party upon 90 days written notice to the other party. Agreement No: 06-73-06-5998-TF Accounting Code: 783-7306-076 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 330 Distel Circle Los Altos, CA 94022-1404 Phone: (650)691-1200 Tax Identification Number: By: L. Craig Britton,General Manager Date: Attest as to authority: Sally Rice, District Clerk Approved as to form and procedure: Susan M. Schectman, General Counsel UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE WILDLIFE SERVICES Craig Coolahan California State Director 3419-A Arden Way Sacramento,CA 95825 Phone: (916)979-2675 Tax Identification Number: 41-0696271 California State Director Date Director, Western Region Date Agreement No: 06-73-06-5998-TF Accounting Code: 783-7306-076 ATTACHMENT A SCOPE OF WORK BETWEEN MIDPENINSULA REGIONAL OPEN SPACE DISTRICT and UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLAN HEALTH INSPECTION SERVICE WILDLIFE SERVICES(APHIS-WS) and RIGHT-OF-ENTRY FOR PREDATOR CONTROL Consultant: U.S. Department of Agriculture,Animal and Plant Health Inspection Service-Wildlife Services Owner: Midpeninsula Regional Open Space District Location: Ravenswood Open Space Preserve 1. GRANT: The Midpeninsula Regional Open Space District, ("DISTRICT"), hereby grants to the United States Department of Agriculture Animal and Plant Health Inspection Service Wildlife Services ("APHISAPHIS-WS"), a right of entry upon Ravenswood Open Space Preserve("Preserve") located in the State of California,County of San Mateo and described as Assessor's Parcel Numbers 063-590-040, 063-590-060, 096-230-120, and 096-230-130 for a period of 60 months(5 years) in order to carry out predator control activities as described. The Preserve is shown on the attached map and further described in the attached Form 12C,Agreement for Control of Animal Damage on Non-Private Property ("Form 12C"). 2. PURPOSE: The purpose of this right-of-entry permit is to implement certain requirements of the Consent Decree entered in Case No. C-05-03073 PVT and Case No. C-05-03079 PVT of the United States District Court (Northern District—San Jose Division)to fund predator control activities to help restore populations of the endangered salt marsh harvest mouse and the endangered California clapper rail and protect populations of ground nesting birds within the Preserve. The predator control activities will further enhance the success of the Ravenswood Salt Pond Restoration Project(initiated in 2000),establish sustainable populations of clapper rails by controlling the unnaturally high levels of predators in the Preserve, and augment the existing predator control activities on the Preserve and in nearby locations. Through continued predator control,clapper rails from the adjacent Faber-Laumeister marsh,which is known to support one of the densest nesting populations of these species,are expected to broaden foraging utilization at the Preserve and expand nesting and breeding activities into the Preserve. 3. AUTHORIZED ACTIVITIES: The activities authorized under this right-of-entry permit include selectively trapping and removing mammalian predators known to prey on California clapper rail, salt marsh harvest mouse,snowy plover, Agreement No: 06-73-06-5998-TF Accounting Code: 783-7306-076 and other ground nesting birds from the Preserve. Problem predators(red fox, feral dogs and cats, skunks, and raccoons)will be hand caught or trapped, in either cage traps or soft-catch leg-hold traps,and humanely euthanized. Use of a drug delivery device is also allowed to safely capture and handle target animals. Non-target animals caught will be released on-site. Captured dogs or cats suspected of being pets will be delivered to a local humane society. 4. CONDITIONS: a. APHIS-WS will be responsible for obtaining all necessary permits from governmental and regulatory agencies and following all required procedures. b. APHIS-WS shall provide written documentation to the DISTRICT detailing the final plan for the predator control program at least 30 days prior to the commencement of the work. c. No changes in vegetation shall be made without the District's prior written approval. d. The permit includes the right of ingress and egress on lands of the DISTRICT herein described, provided that such ingress and egress is necessary for vehicles and support systems. Grading to create roads for vehicular travel is prohibited. Vehicles are allowed only on the designated road-width trail, which follows the length of the inboard levee. APHIS-WS shall close and lock any closed gate immediately after traveling through it to prevent unauthorized entry, and not block any gates, roads, or emergency access routes when on the Preserve. e. If traveling by vehicle within the Preserve, APHIS-WS shall not exceed the speed limit of 15 miles per hour and shall reduce vehicle speed to 5 miles per hour when passing visitors. DISTRICT may issue citations to violators. f. All tools, equipment, and other property taken onto the Preserve shall be removed from the Preserve during normal visiting hours. Every effort will be made to minimize any inconvenience to the public. Traps and other equipment shall be set after sunset, left overnight, and shall be removed from the Preserve prior to sunrise. g. APHIS-WS agrees that the use of equipment and tools on the District's property shall be performed with all reasonable diligence, and undertaken with sufficient precautions to avoid damage to the land, property, or personnel of the DISTRICT or to the public. h. APHIS-WS shall have sole responsibility for the safeguard of its equipment,property, and personnel from any and all injury, death, or damage. i. APHIS-WS shall provide the DISTRICT with a copy of any data, logs, reports, notes, memos, and results of the predator control activities including a copy of any predator management reports generated by the program. j. Except for the limited purpose of non-lethal drug delivery, and then only when no other reasonable alternative exists, shooting is not authorized under this right-of-entry. Agreement No: 06-73-06-5998-TF Accounting Code: 783-7306-076 k. This Right of Entry to conduct predator control activities is limited to APHIS-WS and its authorized employees. 1. APHIS-WS will leave the Preserve, levee access roads, and surrounding site in a condition comparable or better than that in which it was originally found. 5. LIABILITY a. APHIS-WS assumes no liability for any actions or activities conducted under this agreement except to the extent the recourse or remedies are provided by Congress under the Federal Tort Claims Act(28 USC 1346(b), 2401(b), 2671-2680). Agreement No: 06-73-06-5998-TF Accounting Code: 783-7306-076 ATTACHMENT A FINANCIAL PLAN BETWEEN MIDPENINSULA REGIONAL OPEN SPACE DISTRICT and UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLAN HEALTH INSPECTION SERVICE WILDLIFE SERVICES (APHIS-WS) 10/1/06—09/30/11 Salary/Benefits $8521.00 $8521.00 $8521.00 $8521.00 $8521.700 Supplies/Materials 150.00 150.00 150.00 150.00 150.00 Vehicle 800.00 800.00 800.00 800.00 800.00 Support Services 1529.00 1529.00 1529.00 1529.00 1529.00 Total $11,000.00 $11,000.00 $11,000.00 $11,000.00 $11,000.00 APHIS-WS will attempt to stay within the itemized detail of the Financial Plan,but will retain the ability to shift funds from one category to another.APHIS-WS will not exceed the annual spending limit established for this project. f UNI I tU ZS I A I rb M V AR I Mt14 1 Ur AUKILLIL t U Mt ANIMAL AND PLANT HEALTH INSPECTION SERVICE ANIMAL DAMAGE CONTROL Agreement ;,—,. WENT FOR CONTROL OF ANIMAL DAMrt,: Date 6 / 16TL ON NON-PRIVATE PROPERTY MM DD YY TYPE OF AGREEMENT-"J" ALL THAT APPLY 5.Addendum on File Q1 Temporary Agreement 3 Continuation Form ❑6. Supplement is not Required 2 Urban Agreement El 4 Amendment of an Existing Agreement 13.7.Special Considerations in Section 6 PLEASE PRINT CLEARLY Cooperator's Name Z Cooperator's Address L�l/`-� /`5�e 4 s t �yoL Z O Street City/StatadZip Code Common Name Representative's Name �G- 24 1 G 3 K, G Area Code Telephone Number A.ADC Employee Name,ADC Code, 5 List each Land Class with its Corresponding Acreage C.II Ihui is an Adjoining Property D.List all Species to be Targeted During State Code,and County Code _ Agreement,List the Properlles Damage Control Activities Protected LAND ADC Employee Name CLASS ACRES SPECIES CODE C4 A Code Z✓SV isr v a o U 3 a �r_-/ a/ V ADC oCee Name 2nd m ?7'�/'�L( Cr f W t ^_ � 2 7 3rd mTl /L�J r'i�( fY7�C U Cf ADC Code JJn Slate FT-14th m (�`` —1 I I I kilgaoon 3 Total Acreage WY�J.J LILT ) Irk" d (1 County Protested In consideration of the benefits to be. derived from the proper control of damage caused by those species listed in Section 2(D) of the agreement, I the undersigned authorized representative of the above listed cooperator,do hereby give my consent, and concurrence, to the Animal and Plant Health Inspoction Service(APHIS), Ito include its officials, employees, and agents) to use, uprm lands owned, leased, or otherwise controlled by the cooperator 1 represent, and identified by this agreement, the following methods and devices: Z r� METHOD CODE METHOD CODE METHOD CODE METHOD CODE Q Z 1, as representative of the cooperator, have been informed of the methods and the manner in which the control materials and devices listed in Section 3 will be O used, and of the possible hazards associated with their use I understand that APHIS, again to include its officers, employees, and agents will. exercise reasonable precautions to safeguard all persons and to prevent injury to animal life other than those listed in Section 2(D) above. guard against the mishandling ." of control devices and materials,and exercise due caution and proper judgment in all control operations. M In consideration of these understandings and of the benefits to be derived, the ctwWr ator that Irepresent, agrees to. take reasonable: precautions to prevent injury to livestock and other domestic animals;assume responsibility for injury to property owned by the cooperator or under the cooperator's control, when said Injury is not the result of negligence on the part of APHIS:assist in maintaining such warning signs as APHIS may place out for the purpose of notifying persons ✓+ entering onto such lands of the possible hazards associated with animal control measures in use thereon.and to give adequate warning to persons authorized by Z the cooperator to enter onto such lands,of these possible hazards. O v In tecognihon of the benefits to be derived from the use of the specified methods and devices authorized by this agreemenl, the cooperator that I represent ,A agrees not to concurrently use or allow to be used upon lands covered by this agreement,any toxic material that might reasonably be expected to take a species listed in the above Section 2(0)unless such use of said toxicant is agreed to by APHIS in writing. This agreement may be revoked by either party by a 30-day written notice. Special Considerations: O w SIGNATURE AND TITLE(Qmperatur s Ruprf3aonlatrve) ADDRESS DATE SIGNATURE AND TITLE (APHIS Represonlative) ADDRESS DATE i ADC FORM 12C Previous edition may be used PART 4 . COOPEi1ATvR (AUG 91) *U.S.GOVERNMENT PRINTING OFFICE 19W617-248 J f Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-06-90 Meeting 06-19 August 9, 2006 AGENDA ITEM 2 AGENDA ITEM Agreement with San Mateo County Mosquito Abatement Distric or Vector Surveillance and Control Activities GENERAL MANAGER'S RECOMMENDATIONS;, 1) Determine that the proposed actions will not result in a significant effect on the environment under the California Environmental Quality Act(CEQA)based on findings contained in this report. 2) Authorize the General Manager to Approve and Sign the Agreement between Midpeninsula Regional Open Space District and San Mateo County Mosquito Abatement District(Agreement) DISCUSSION In December 2003,the San Mateo County Mosquito Abatement District(SMCMAD)proposed to increase its service area by annexing the then un-served portions of northern and western San Mateo County. At that time,the SMCMAD requested District support for the proposed annexation since it would have financial impact on the 271 District-owned parcels that would be included in the annexation. At your December 10, 2003 meeting,the Board adopted a Resolution supporting the SMCMAD's Benefit Assessment District(R-03-121). San Mateo County voters approved the measure, and in January 2004, SMCMAD began serving the annexed portions of San Mateo County. During the process of seeking support for the annexation, District staff met with SMCMAD staff to discuss the benefits of the services that would be provided to the District by SMCMAD in both the existing and annexed areas of San Mateo County. As a result of these discussions,the District's General Manager felt it was important to have a mutual understanding of SMCMAD operations on District lands memorialized by a written agreement. In addition,recent changes to the California Health and Safety Code Section 2045 encourage mosquito abatement districts to enter into agreements with other public agencies who may be affected by the abatement operations. In November 2005, District staff met with staff from SMCMAD to discuss current SMCMAD operating procedures and begin drafting an agreement that would serve the interests of both agencies. SMCMAD provides the following primary services: • Mosquito control in areas where vector mosquitoes are impacting people. • Surveillance for vector-borne diseases including malaria, West Nile virus,Lyme disease,plague, and hantavirus. • Surveillance for mosquito adults with carbon dioxide-baited traps. • Response to service requests within 24 to 48 hours. • Surveillance for tick-borne diseases such as Lyme disease. • Control of ground-nesting yellow jackets when requested. i R-06-90 Page 2 During the discussions with SMCMAD,the parties agreed that an annual meeting of staff from both agencies would be the best way to reach agreement on planned activities for any given year. The meeting would also provide an opportunity for District staff to share any concerns they might have regarding the impact of SMCMAD activities on sensitive resources on District lands. As such, the Agreement before you lays out a process for the two agencies to meet on an annual basis to discuss SMCMAD-planned activities. The Agreement also outlines the scope of services to be provided by SMCMAD and operational guidelines for surveillance and treatment activities. All SMCMAD activities will be conducted in conformity with the practices,protocols,and mitigation measures as established in the Final Report:Initial Study and Mitigated Negative Declaration prepared for the Extension of the Integrated Vector Management Program of the San Mateo County Mosquito Abatement District to All Portions of San Mateo County. These mitigation measures ensure that SMCMAD activities will not have an adverse environmental effect. In practice, SMCMAD activities on District preserves will primarily consist of surveys and the occasional use of biological controls for mosquitoes in close proximity to human use areas. SMCMAD biological control methods include the use of mosquitofish(Gambusia afnis), a predator fish used to control mosquito larvae, which is of particular concern to the District. However, SMCMAD operational guidelines prohibit the use of mosquitofish in naturally occurring ponds and creeks. SMCMAD only permits the use of mosquitofish in ornamental ponds, and therefore will not use this biological control method in District water bodies. SMCMAD rarely uses helicopters or chemical controls in its operations, and if either of these options is employed, District staff will be consulted prior to any such activities unless it is an emergency situation. The District will provide SMCMAD with information on rare or sensitive species that could be impacted by vector control activities every year. CEQA COMPLIANCE Project Description The project consists of an Agreement between the District and SMCMAD regarding activities performed by SMCMAD to survey and control mosquitoes and other vectors that may spread diseases that are of concern to public health on District lands. These activities will occur on District lands within San Mateo County and consist of the following: (1) Surveillance for vector populations, vector habitats,disease pathogens,and public distress associated with vectors, including trapping and laboratory analysis of vectors to evaluate populations and disease threats, direct visual inspection of known or suspected vector habitats, the use of all-terrain vehicles, and public surveys. (2) Public Education to encourage and assist in the reduction or prevention of vector habitat on private and public property. (3) Minor vegetation management to provide access to breeding sites and improve surveillance. (4) Use of Biological Control,including the application of the bacterium Bacillus sphaericus, or the fungus Lagenidium giganteum,and possible other predators or pathogens of mosquitoes. (5) Application of non-persistent selective insecticides to reduce populations of larval or adult mosquitoes and other invertebrate threats to public health(Chemical Control). CEQA Determination As the lead agency for mosquito abatement activities, SMCMAD conducted a preliminary review of the extension of its vector management activities to the rest of San Mateo County and concluded that all administrative, support, educational, and emergency activities were exempt from further CEQA review. However,because some elements of the SMCMAD Integrated Vector Management Program were not clearly exempt from CEQA review, SMCMAD conducted an Initial Study to determine whether the extension would have a significant effect on the environment. Based on that study, SMCMAD prepared a R-06-90 Page 3 Mitigated Negative Declaration and concluded that"although the on-going project could have a significant adverse effect on the environment, there is no significant adverse effect in this case because the mitigation measures described in the Final Report reduce impacts to insignificant levels or eliminate them." The District is a responsible agency under CEQA in this Agreement. The District reviewed and hereby finds that the SMCMAD Initial Study and Mitigated Negative Declaration prepared for the Extension of the Integrated Vector Management Program of the San Mateo County Mosquito Abatement District to All Portions of San Mateo County mitigates all environmental impacts on District lands to a less than significant level. Therefore,the District hereby finds that entering into this Agreement with SMCMAD that outlines procedures for SMCMAD to access District lands for vector surveillance and control activities will not result in a significant effect on the environment. Prepared by: Michelle Jesperson, Management Analyst Contact Person Same as Above AGREEMENT BETWEEN MIDPENINSULA REGIONAL OPEN SPACE DISTRICT (MROSD) AND SAN MATEO COUNTY MOSQUITO ABATEMENT DISTRICT (SMCMAD) ("AGREEMENT") This Agreement is entered intopUT'Suant to Health and Safety Code Section 2045 and is effective on the date it is fully executed by both parties. The purpose of this Agreement is to: 1) Memorialize practices,protocols, and current services to be provided by SMCMAD on lands owned and/or managed by MROSD in San Mateo County ("MROSD Lands"). 2) Identify training opportunities for MROSD and SMCMAD employees to pursue in order that both agencies may better meet their respective missions, This Agreement will help to ensure the health and safety of the public and MROSD staff and to protect sensitive natural resources, including special status species of plants and animals, on MROSD Lands. SMCMAD activities are governed by operating procedures as established in the San Mateo County Mosquito Abatement District Policy Manual, Federal and State laws such as the California Health and Safety Code, and will be conducted in compliance with the California Environmental Quality Act, SMCMAD works closely with the U.S. Fish and Wildlife Service and California Department of Fish and Game to ensure their activities do not cause environmental impact The SMCMAD and MROSD agree that SMCMAD will provide the following services on MROSD Lands: 0 Mosquito control in areas where vector mosquitoes are impacting people; any control work will be done in close coordination with MROSD staff. * Surveillance for vector-borne diseases including malaria, West Nile virus, Lyme disease, plague, and hantavirus. • Surveillance for mosquito adults with carbon dioxide-baited traps. • Response to service requests within 24—48 hours, • Surveillance for tick-borne diseases such as Lyme disease. o SMCMAD will collect and test ticks to determine tick density and prevalence of infection. o SMCMAD will offer training on ticks and Lyme disease to MROSD field staff if desired. o SMCMAD will consider treatment of selected trails for ticks if so desired by MROSD. Any control work would be done in close coordination with MROSD staff 0 1 • Control of ground-nesting yellow jackets if requested by MROSD staff. o MROSD will supply SMCMAD with the location of nests to be controlled, Page 1 The parties agree to the following operational guidelines for these services: e first quartet-of the calendar year, SMCMAD staff and MROSD l. During the f q Y Resource Management Specialist, MROSD Resource Planner, and MROSD Area Superintendents shall meet annually to discuss SMCMAD planned surveillance " and MROSD staff will agree in SMCMAD treatment activities Activities ) S �' and ( will d the approved fanned Activities also i writing on the planned Activities an pp p constitute MROSD's permission to enter its lands to conduct the Activities. Subjects to be covered include, at a minimum: a. MROSD map(s) of sensitive areas that cannot be impacted due to conflicts with MROSD's mission or the need to avoid significant adverse environmental impact. For areas that have not been surveyed for sensitive resources and that were not discussed during the annual meeting such as newly acquired, SMCMAD and MROSD will consult one another before Activities take place. b. Access points on MROSD Lands to minimize damage to natural resources and conflicts with preserve users. c. SMCMAD proposed mosquito control sites and procedures on MROSD Lands. d. SMCMAD will provide pager and cell phone numbers of personnel performing the activities. e. MROSD will provide phone, pager, and radio numbers of pertinent MROSD personnel. 2. When SMCMAD surveillance or treatment occurs: a. SMCMAD staff will wear uniforms when conducting work on MROSD Lands. b SMCMAD will notify the appropriate MROSD Area Superintendents when mosquito, tick, or other vector or pest control will be performed on MROSD Lands. Notification will be by a telephone call (See Id. and le. above) at the time of application or within 24 hours after the Activities commence, so long as methodologies and materials used for such Activities were discussed and approved at the annual meeting, if the Area Superintendent cannot be reached by telephone, the caller will leave a message with the date and location of the work. c. SMCMAD will provide information and signage on treatment or surveillance for MROSD to provide the appropriate information to the public if necessary. d. SMCMAD personnel shall make their best efforts to restrict travel within MROSD Lands to those roads, trails, and routes designated in the pre- planning phase during the annual meeting. e. SMCMAD will report on the prior years surveillance and treatment activities including number of acres treated and impacts to fish, wildlife, or vegetation, if any,by April 1 of each year. Page 2 3. For significant control operations involving the use of helicopters, SMCMAD will notify MROSD Resource Management Specialist of the activities on MROSD lands at least forty-eight (48) hours prior to such activity The Resource Management Specialist shall notify the appropriate MROSD staff of the date(s) and time(s) of surveillance. 4. In order to assist MROSD in informing staff and the public in a timely manner-, SMCMAD shall report any significant findings on MROSD Lands such as hazardous conditions or sightings of rare, threatened, or endangered species to the Resource Management Specialist. If such findings warrant public notification, press releases shall be a cooperative effort involving MROSD Public Affairs staff prior to the release. Final editorial copy of any disease notification shall reside with SMCMAD or the San Mateo County Health Officer. 5, All Activities will be conducted in conformity with the practices, protocols, and mitigation measures identified in the Final Report Initial Study and Mitigated Negative Declaration, entitled Extension of the Integrated Vector Management Program of the SMCMAD to all Portions of San Mateo County, November 27, 2002, 6. The parties agree to indemnify, defend and hold each other harmless from all liability for suits, damages, injuries, or losses relating to or arising out of this Agreement, to the extent that the matter giving rise to the liability is directly attributable to the negligent or wrongful acts or omissions of that party. In the event liability arises due to the alleged concurrent negligence of'both parties, each party shall contribute costs of any such suits, defense, damages, and liability in proportion to its fault as deten-nined under the principles of comparative negligence. 7. Tlus Agreement may be revised or amended by mutual written consent of the parties, This Agreement is valid and in effect until ten-ninated by either party giving 30-days' prior written notice to the other party. L. Craig Britton, General Manager Date MROSD Ro ert Gay, Dis ri anager Date SMCMAD Page 3 REGIONAL OPEN SPr.� q 44 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-06-86 Meeting 06-19 August 9, 2006 AGENDA ITEM 3 AGENDA ITEM Approval of Memorandum of Agreement with Midpeninsula Regional Open Space District Field Employees Association and; Approval of Salary and Benefits for the Office, Supervisory d Managem t Employees GENERAL MANAGER'S RECOMMENDATIONS 1. Adopt the accompanying resolution approving the emorandum of Agreement(MOA)with the Midpeninsula Regional Open Space District Field Employees Association (MROSDFEA), for a term of April 1, 2006 through March 31, 2011,retroactive to April 1, or date of hire, whichever is later, for Association employees employed by the District as of approval of this Memorandum of Agreement. 2. Adopt the accompanying resolution approving the Salary and Benefits for the Office, Supervisory and Management(OSM) staff retroactive to April 1, 2006 or date of hire, whichever is later, for OSM employees employed by the District as of approval of this resolution. 3. Amend the Position Classification and Compensation Plan as recommended. (See attached Appendix A) 4. Appropriate funds from the Fixed Assets(Land Acquisition) category of the 2006/2007 fiscal year budget to be transferred to Salaries and Benefits in the amount not to exceed $183,000 and direct staff to return with the appropriate budget amendments to reflect these adjustments at the mid-year budget adjustment by the Board. 5. Direct staff to work with the California Public Employees Retirement System(PERS)to implement the appropriate provisions of Recommendations 1 and 2 as necessary, including returning to the Board for any additional required actions. 6. Direct staff to return to the Board with appropriate revisions to the District's Personnel Policies and Procedures Manual to implement Recommendation 2 for OSM employees, as needed. f R-06-86 Page 2 BACKGROUND 1 An organizational goal of the District is to maintain salaryand benefit competitiveness with comparable g p agencies so that the District can both attract and retain high quality personnel. To that end, District Administrative staff periodically conducts surveys to determine whether District salaries and benefits are competitive. When adjustments are needed, management has recommended, and the Board has approved salary adjustments and various benefit changes to assure that the District is closely in line with comparable agencies. Over the past five years,District surveys have shown that we have not maintained competitiveness with comparable agencies in one very important benefit-retiree medical support. In 2003, when the District looked at its options for enhancing this benefit, the total costs for providing enhanced retiree medical benefits was unknown,but anticipated to be substantial. Therefore, management staff discussed this issue with District employees and agreed to spend a year researching programs and costs before making appropriate recommendations(this included a Side-letter agreement with the represented employees). As nal the District had an actuarial analysis done on the two main retiree part of the program and costa analyses, y medical plans available through PERS, including the existing plan(then a$50.00 per month payment to retirees for medical insurance)and the PERS vesting plan. The PERS vesting plan was very expensive, estimated to be over$360,000 annually,based upon the actuarial study. r i to In 2005 the District had further discussions with employees re p Y regarding g health insurance and retiree medical costs and benefits and conducted a series of committee meetings with employees from each department, including MPROSDFEA and OSM staff members. The goal of the meetings involved educating committee members on details of the various benefits, answering questions and providing an opportunity for committee members to voice opinions and express desires and/or concerns. The demographics of the committee members included staff of varying ages, family status and years in the PERS system, so that the District and the committee members could fully appreciate the impact of salary and benefits on a wide range of individual staff members. I In addition, the cost of health insurance coverage for District employees, a District provided benefit,has increased substantially over the past decade. District management informed employees in 2003 that we would be looking for a way to share in the increased costs of this benefit. A review of our comparable agencies showed that a majority of the agencies have some type of cost sharing in place for health insurance coverage. The recommended cost sharing provisions, which are included in the MOA and were discussed with the OSM were employees designed to increase PY over time the employee' ee' contribution to their health insurance premiums and is also designed to continue to fully cover the employee(the cost sharing is for dependent coverage only). The salary and benefit changes being recommended are designed to 1)keep the District competitive with comparable agencies in salaries and benefits, 2)provide substantially increased retiree medical benefits, without placing the District in a cost-prohibitive program,and 3)place the District in an improved competitive position for the retirement formula(also designed to help cover costs to retirees of retiree medical insurance). Additionally, the District would institute a cost-sharing program with employees (also common among comparable agencies) for the enhanced retiree benefits being proposed. This cost sharing will allow the District to maintain a benefits cost-to-payroll ratio that includes competitive benefits and is economically prudent. i R-06-86 Page 3 DISCUSSION The District entered into contract negotiations in January 2006 with the Midpeninsula Regional Open Space District Field Employees Association(MROSDFEA),the exclusive bargaining representative for the purpose of labor relations for the District's Open Space Technicians, Lead Open Space Technicians, Rangers, Equipment Mechanic-Operators, and Farm Maintenance Worker. MROSDFEA's negotiating team included Rick Burruss, Labor Representative, Ken Miller and Chris Baressi, Rangers, and Brendan Dolan and Holden Neal, Open Space Technicians. The District's negotiating team included Fran Buchanan from IEDA, Sally Thielfoldt, Assistant General Manager,and John Maciel, Operations Manager,with the able assistance of Jim Cimino, Management Analyst. The District and MROSDFEA negotiating teams successfully reached tentative agreement on the proposed MOA on June 12, 2006. The tentative MOA was ratified at the MROSDFEA meeting of Tuesday, June 27,2006. The major benefit package negotiated with the Association involved enhancement of the District's retirement formula and the retiree medical benefits through PERS health insurance. Both of these benefits must apply to all employees of the District under PERS policies. Therefore, during July, District Management and Human Resources staff held meetings with the Office, Supervisory and Management (OSM) employees to present the benefit proposals that would affect them, including the cost sharing provisions. The employees asked many questions and were provided with examples, analysis and charts that outlined the economic benefits they would receive,as well as the impact to employees for the cost sharing provisions. Benefit Enhancements for All Regular District Employees The key economic benefits that will apply to all regular employees of the District are; I) Enhanced PERS retirement formula(from 2%at 55 to 2.5% at 55)anticipated to begin in September 2006(after completion of the PERS contract change process). 2) Increase in the retiree medical benefit from the current monthly contribution of$64.60 to$300 per month effective as soon as completion of the change process estimated to be October 2006, increasing again effective January 1, 2009 to$350 per month. Employee Cost Sharing;for Enhanced Benefits To help offset and share in the cost of these additional benefits, the MOA and the proposal for the OSM employees including the following provisions: 1) Employee pickup of 1%of the PERS retirement costs (employee side)beginning at the time of the retirement formula contract change expected in September 2006 plus an additional 1%pickup on April 1,2008, for a total employee pick-up of 2% as a part of this package; and 2) Employee payment of a portion of the health insurance premiums as follows: 5%on January 1, 2007, increasing to 7.5%on January 1, 2008 and increasing to 10% on January 1, 2010)of the health insurance premiums above that covered by the District for the lowest cost HMO for the employee only; and I R-06-86 Page 4 3) Elimination of the sick leave conversion program for retiree medical payments for any employee hired after the approval date of these resolutions. An added provision is that current employees selecting the sick leave conversion program for retiree medical payments will have the selected funds deposited pre-tax into a Retiree Health Savings (RHS) account by the District and may then make qualified withdrawal of those funds, tax free. The costs for maintaining the RHS account(currently approximately .33% of invested funds)plus the annual cost(currently$30.00) for reimbursement of qualified medical expenses during retirement will be paid for by the retiree. Other Benefit Changes for All Regular District Employees Two other benefit changes are being implemented related to Long Term Disability(LTD)and Life and Accidental Death and Dismemberment(AD&D) Insurance. The District currently pays the full premium for LTD and a specified amount(two times the annual salary)of Life Insurance for qualified District employees. Administration recently conducted a competitive quote process for both of these policies and will be changing carriers for both insurance plans at a substantial savings. Beginning this fall, when the District converts to the new carriers,District employees will begin paying their own premium for LTD so that in the event they would need to receive benefits under this policy, those payments would be tax free. (When the employer pays the premium for LTD coverage, the employee must pay taxes on the benefits received.) The second change is that the District will additionally pay for coverage for each qualified employee for AD&D, which is currently a premium paid for by the employee (on an optional basis). Annual Salary Adjustments Annual salary adjustments for District employees are generally based upon the current Consumer Price Index (CPI), the annual salary adjustments allotted by comparable agencies (if available) and information obtained as art of a salary survey. The CPI for twelve months ending April 2006(the most current P rY Y available at the time of negotiations)was 2.8%. Salary adjustments allotted by comparable agencies ranged from 2%to the highest of 6%(for particular classifications)with many at the 2 to 4%range. (Note: many comparable agencies are starting or in the middle of negotiations when the District is completing its survey, therefore,current information is not available.) This year's salary adjustment is proposed to be retroactive as a result of the lengthy period of time before staff was able to bring this before the Board, and only applies to employees still working for the District as of the date of Board approval. Furthermore,beginning this year, the annual salary adjustments will be calculated retroactively to the beginning of the closest pay period to April 1 of each year(for fiscal year 2006/2007 it will be March 27, 2006). This will greatly reduce the amount of calculations required by the accounting department for each of 85 regular employees and as many as 15 temporary employees. MROSDFEA MOA The attached summary of the proposed 2006 MOA(Attachment B)highlights other economic provisions such as annual salary adjustments, various differential pay, uniform allowance increases as well as non- economic components of the MOA involving terms and procedural changes including an increase in probationary time, consistency in the worker disability language, vacation scheduling procedure changes, discipline changes,pilot programs expanding the 9/80 scheduling program and "housekeeping" improvements. See the attached Summary of Proposed MOA Changes(Attachment B). The entire MOA will be available at the District Office for public inspection. Office, Supervisory and Management Employ In addition to the economic package noted above, the benefit proposals for the OSM Employees include a salary adjustment for 2006/07 fiscal year, and adjustments to the salary ranges in the Position R-06-86 Page 5 Classification&Compensation Plan for the Area Superintendents and the Sr. Administrative Assistant as specified in the attached proposal (Attachment Q. The proposal also includes a change to certain aspects of the District's Personnel Policies and Procedure Manual regarding Department Managers only, confirming the"at-will" status of Department Managers, adding a 90-day severance payment and a merit system program tied to overall performance and accomplishments of the Department's Action Plan and personal achievements and a withdrawal of the Department Managers from the Longevity Pay Program. Retirement Formula and Retiree Medical Change Process There is a required three-step process for the District to change the retirement formula with PERS. The first step is the Board's adoption of the attached resolutions that identify the proposed changes. The second step is Board adoption of a"Resolution of Intent"to change the retirement formula and a "Resolution Fixing the Employer's Contribution Under the Public Employees' Medical and Hospital Care Act,"which are tentatively scheduled for the August 23, 2006 Board meeting, and the third and final step is the Board adoption of the"Final Resolution"changing the retirement formula, which is tentatively scheduled for the September 13, 2006 Board meeting. It is then expected that the effective date of the retirement formula change will be September 25, 2006 and the effective date of the increase in retiree medical insurance will be October 1, 2006. 2006/2007 BUDGETARY IMPLICATIONS $100,000 3 Point Salary Increase effective March 27, 2006(including salary savings for current vacancies) $ 75,000 Improvement in Retirement Formula from 2% at 55 to 2.5%at 55 $ 1,400 Improvement in Retiree Medical Contribution from$64.60 to $300 per month (currently one retiree receiving retiree medical benefits) $ 1,000 Increase in Uniform Allotments $ 5,600 Increase in call-back pay and various differentials $183,000 TOTAL Note: Benefit savings of up to$5,000 for this fiscal year are estimated due to the 5%cost sharing of the employees on the health insurance premiums(effective for one quarter beginning January 1, 2007) and subject to plan selection by the employees during open enrollment. Prepared by: Sally Thielfoldt, Assistant General Manager Contact person: L. Craig Britton, General Manager RESOLUTION NO. 06-28 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE MEMORANDUM OF AGREEMENT BETWEEN THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AND MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FIELD EMPLOYEES ASSOCIATION WHEREAS, Midpeninsula Regional Open Space District Field Employees Association is the exclusively recognized employee organization for the District's Open Space Technicians, Lead Open Space Technicians, Rangers, Equipment Mechanic-Operators, and Farm Maintenance Worker; and WHEREAS, pursuant to California Government Code Section 3500 et seq., representatives of the District, and the Midpeninsula Regional Open Space District Field Employees Association have completed negotiations for a Memorandum of Agreement for a term of April 1, 2006 through March 31, 2011; and WHEREAS, on June 27, 2006 the bargaining unit represented by Midpeninsula Regional Open Space District Field Employees Association ratified the Memorandum of Agreement; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does hereby approve the Memorandum of Agreement between Midpeninsula Regional Open Space District and Midpeninsula Regional Open Space District Field Employees Association for a term of April 1, 2006 through March 31, 2011, a copy of which is attached hereto and by reference made a part hereof. RESOLUTION NO. 06-29 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING ADJUSTMENTS TO THE SALARIES, BENEFITS AND TERMS AND CONDITIONS OF EMPLOYMENT FOR THE OFFICE, SUPERVISORY AND MANAGEMENT EMPLOYEES OF THE DISTRICT WHEREAS, the office, supervisory and management employees are employed by the District and as such receive and are subject to certain salaries and benefits and terms and conditions of employment; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does hereby approve the adjusted Salaries, Benefits and Terms and Conditions of employment as set out in Attachment C of Board Report# R-06-86 and direct that any necessary or appropriate implementing revisions to the District's Personnel Policies and Procedures Manual be presented to the Board for approval. ATTACHMENT A dpeninsula Regional open Space Di,. Position Classification and Compensation Plan Approved 08/09/2006—Effective 03/27/06 Classification Title Step Range Hourly Range Monthly Range Annual Ran ge Seasonal Open Space Technician 237-247 $17.128-$18.925 $2,968-$3,280 $35,626-$39,364 Reception ist/Administrative Clerk 244-269 $18.367-$23.569 $3,183-$4,085 $38,203-$49,023 Farm Maintenance Worker 257-282 $20.910-$26.833 $3,624-$4,651 $43,492-$55,812 Open Space Technician* 257-282 $20.910-$26.833 $3,624-$4,651 $43,492-$55,812 Accounting Clerk 259-284 $21.332-$27.373 $3,697-$4,744 $44,370-$56,935 Administrative Assistant 259-284 $21.332-$27.373 $3,697-$4,744 $44,370-$56,935 Community Programs Aide 259-284 $21.332-$27.373 $3,697-$4,744 $44,370-$56,935 Lead Open Space Technician* 267-292 $23.104-$29.647 $4,004-$5,138 $48,056-$61,665 Ranger 268-293 $23.335-$29.944 $4,044-$5,190 $48,536-$62,283 Planning Technician 268-293 $23.335-$29.944 $4,044-$5,190 $48,536-$62,283 Senior Administrative Assistant 270-295 $23.806-$30.547 $4,126-$5,294 $49,516-$63,537 Docent Programs Coordinator 273-298 $24.528-$31.476 $4,251-$5,455 $51,018-$65,470 Network Specialist 273-298 $24.528-$31.476 $4,251-$5,455 $51,018-$65,470 Volunteer Coordinator 273-298 $24.528-$31.476 $4,251-$5,455 $51,018-$65,470 Equipment Mechanic Operator 276-301 $25.274-$32.432 $4,380-$5,621 $52,569-$67,458 Senior Accounting Specialist 276-301 $25.274-$32.432 $4,380-$5,621 $52,569-$67,458 Open Space Planner 1 278-303 $25.783-$33.085 $4,469-$5,734 $53,628-$68,816 Resource Specialist I/Resource Planner 1 278-303 $25.783-$33.085 $4,469-$5,734 $53,628-$68,816 Public Affairs Specialist 278-303 $25.783-$33.085 $4,469-$5,734 $53,628-$68,816 Real Property Specialist 278-303 $25.783-$33.085 $4,469-$5,734 $53,628-$68,816 Maintenance& Resource Supervisor 283-308 $27.102-$34.777 $4,697-$6,028 $56,372-$72,336 Supervising Ranger 283-108 $27.102-$34.777 $4,697-$6,028 $56,372-$72,336 Community Affairs Supervisor 293-318 $29.944-$38.425 $5,190-$6,660 $62,283-$79,924 Land Protection Specialist 293-318 $29.944-$38.425 $5,190-$6,660 $62,283-$79,924 Open Space Planner II** 293-318 $29.944-$38.425 $5,190-$6,660 $62,283-$79,924 Resource Management Specialist" 293-318 $29.944-$38.425 $5,190-$6,660 $62,283-$79,924 Support Services Supervisor 293-318 $29.944-$38.425 $5,190-$6,660 $62,283-$79,924 Management Analyst 297-322 $31.163-$39.989 $5,401-$6,931 $64,819-$83,177 Senior Real Property Planner" 303-328 $33.085-$42.456 $5,734-$7,359 $68,816-$88,308 Senior Planner" 303-328 $33.085-$42.456 $5,734-$7,359 $68,816-$88,308 Area Superintendent 308-333 $34.777-$44.627 $6,028-$7,735 $72,336-$92,824 Assistant General Counsel 318-343 $38.425-$49.308 $6,660-$8,546 $79,924-$102,560 Administration/HR Manager 325-350 $41.204-$52.874 $7,142-$9,164 $85,704-$109,977 Operations Manager 325-350 $41.204-$52.874 $7,142-$9,164 $85,704-$109,977 Planning Manager*** 325-350 $41.204-$52.874 $7,142-$9,164 $85,704-$109,977 Public Affairs Manager 325-350 $41.204-$52.874 $7,142-$9,164 $85,704-$109,977 Real Property Manager 325-350 $41.204-$52.874 $7,142-$9,164 $85,704-$109,977 Assistant General Manager 343-368 $49.308-$63.274 $8,546-$10,967 $102,560-$131,609 Note: Does not include Board appointees:General Manager,General Counsel,and Controller The salary range minimum for Seasonal Open Space Technician is 20 points below Open Space Technician OSTs will receive an additional 1%stipend for Class A or B license;LOST for Class A Will receive an additional 4%stipend for Masters degree in a related field ***Will receive an additional 4%stipend for Landscape Architecture license used for District business ATTACHMENT B Summary of Proposed Agreement Changes Midpeninsula Regional Open Space District and Midpeninsula Regional Open Space District Field Employee's Association April 1, 2006 through March 31, 2011 PRIMARY ECONOMIC PROPOSALS Salary Adiustments Year 1 3.0% 04/01/2006* Year 2 2.5% 04/01/2007* Year 3 3.0% 04/01/2008* Year 4 2.5% 04/01/2009* Year 5 2.5% 04/01/2010* * Note: The COLA would be effective at the beginning of the closest pay period to April I"of each year. The District would conduct a comprehensive salary survey prior to the end of this contract. Enhanced Retirement Formula Increase the retirement formula from the 2% @ 55 PERS retirement formula to 2.5%@ 55 effective as soon as possible(estimated to be September 26, 2006). Enhanced Retiree Medical The District will increase the contribution toward Retiree Medical to $300.00 per month effective 10/01/2006 or the soonest date feasible for the PERS process. On 01/01/2009, this amount will increase to $350.00. Employee Cost Sharing- Retirement The employees will begin paying 1% of the total 8%of the employee side of the retirement costs effective at the time of the retirement formula enhancement (estimated to be September 26, 2006). Effective 4/1/08 the employees will pay an addition 1% of the employee side of the retirement costs for a total of 2%through the duration of the agreement. Note: the 1% and 2% denoted here represents a percentage of gross payroll required by PERS to fund the retirement benefit plan. Medical Benefits and Employee Cost Sharing The District will continue to pay the full cost of"Employee Only"coverage for the lowest cost PERS HMO plan by paying$300 per month per employee (regular, full-time) for the health insurance premium and contributing additional funds into the District's 125 Cafeteria Plan to cover the balance of employee-only coverage. Employees will contribute toward additional health insurance as follows: a) Effective January 1, 2007 the District will provide contributions to the Cafeteria Plan sufficient to cover the one-party premium of the lowest cost HMO (over and above the $300.00) and will pay ninety-five percent (95%) of the difference between the lowest cost 1 HMO one-party plan and the lowest cost HMO 2-party or family plan premiums, as may be selected by the employee. If the employee selects a more expensive plan than the lowest cost HMO, the employee will pay 100% of the additional premium cost above what is paid for by the District under the lowest cost HMO plans as described above. b) Effective January 1, 2008 the District will provide contributions to the Cafeteria Plan sufficient to cover the one-party premium of the lowest cost HMO (over and above the $300.00) and will pay ninety-two and one-half percent(92.5%) of the difference between the lowest cost HMO one-party plan and the lowest cost HMO 2- party or family plan premiums, as may be selected by the employee. If the employee selects a more expensive plan than the lowest cost HMO, the employee will pay 100% of the additional premium cost above what is paid for by the District under the lowest cost HMO plans as described above. t � c) Effective January 1, 2010 the District will provide contributions to the Cafeteria Plan sufficient to cover the one-party premium of the lowest cost HMO (over and above the $350.00) and will pay ninety percent (90%) of the difference between the lowest cost HMO one-party plan and the lowest cost HMO 2-party or family plan premiums, as may be selected by the employee. If the employee selects a more expensive plan than the lowest cost HMO, the employee will pay 100%of the additional premium cost above what is paid for by the District under the lowest cost HMO plans as described above. Sick Leave Conversion Program Changes The District will discontinue the Sick Leave Conversion program as it relates to retiree medical for those employees hired after August 9, 2006. Existing employees that qualify for the sick leave conversion benefit must have such funds deposited into an RHS account upon retirement from District service. This change will not affect the cash-out sick leave program, or the ability to apply sick leave toward years of service upon retirement (as governed by CalPERS) for current or future employees. The cost for maintaining the retiree's RHS account (currently .33%) and the annual fee (currently$30.00) for reimbursement processing of qualified medical expenses, will be paid for by the retiree. Long Term Disability(LTD) Insurance Beginning with the new LTD carrier, (no later than January 1, 2007) the employees will pay the cost of LTD coverage. The cost of this coverage is approximately .33 cents per hundred dollars of coverage or a payroll cost of 113 of one percent. By employees assuming this premium cost, any benefits received under the plan would not be taxable. Life Insurance s As soon as practical, the District will move to a new life insurance carrier. The Distract will continue to pay the premium for this coverage. The coverage level will continue at two times the employee's annual salary, but will also include District-paid Accidental Death & Dismemberment coverage at two times the employee's annual salary. (Note: both Life Insurance and AD&D may be subject to carrier restrictions for employees age 65 and older). 2 Other Economic Changes i Article 5 Call-back Time/Differentials ■ Increases minimum call-back time for non-resident employees from 2 hrs to 3 hours ■ Increases night-shift differential from $2.25 per hour to $3.00 per hour ■ Increases split shift differentials from $30 per day to $40 per day • Adds a Commercial Driver's License differential as specified for Open Space Technicians and Lead Open Space Technicians when licensed and using their license for the District Article 9 Uniform Allowances: Increases uniform allowances from $438/year to $500/year for 2006/2007, increasing by an additional $35/year for each subsequent year of the MOA Increases bicycle patrol uniform allowance from $64/year to $100/year for 2006/2007, increasing an additional $25/year for each subsequent year of the MOA adding a requirement that only those employees logging 60 or more hours per year of bicycle patrol will be eligible for the allowance Article 14 Increases Tuition Reimbursement from $600/year per employee to $700/year per employee with no change in total amount budgeted per year Non-economic Changes Article 2 Converts language from SERJ, the former bargaining agency, to the new association, MPROSDFEA. Incorporates already approved agency shop language into the MOA. Article 5 Schedules Overtime and Call-back Time Implementation of a one year trial period of year round 9/80 scheduling for maintenance crews and conversion to 9/80 from 4/10 scheduling for rangers. Article 6 Employee Disability Coverage/Modified Duty Revises language to limit length of time for modified duty assignments and salary continuance (for industrial injuries only) and memorializes Area Superintendent's role in selection of modified duty assignments Article 7 Eliminates half-steps in Promotional Compensation Chart Article 8 All employees hired after approval of this MOA will serve a 12 month probationary Period Article 10 Vacation Revised process for vacation scheduling to provide more opportunities and equity in scheduling Employees may elect a cash out of vacation time in June as well as December, but only one of the two times 3 Article 17 Discipline Removes "counseling" as a form of discipline, defining it solely as counseling Increases the amount of time the District has to notify an employee an investigation is under way Side Letter Agreements: The District and the MROSDFEA agree to meet regarding a new performance evaluation form and the number of Below Standards allowed for an employee to receive an overall Meets Standard Note: Other non-substantive language changes throughout the contract. 4 ATTACHMENT C Midpeninsula Regional Open Space District Office, Supervisory and Management Employees Proposed 2006 Salary and Benefit Package 1. Annual Salary Adjustment Fiscal Year 2006-07—3.0 points effective with the pay period beginning March 27, 2006. 2. Retirement Formula Increase the retirement formula from the 2% @ 55 PERS retirement formula to 2.5%@ 55 effective as soon as possible (estimated to be September 2006). 3. Retiree Medical Enhancement The District will increase the contribution toward Retiree Medical to $300.00 per month effective 10/01/2006 or the soonest date feasible for the PERS process. On 01/01/2009, this amount will increase to $350.00. 4. Employee Cost Sharing- Retirement The employees will begin paying 1% of the total 8%of the employee side of the retirement costs effective at the time of the retirement formula enhancement(estimated to be September 26, 2006). Effective 4/l/08 the employees will pay an addition 1%of the employee side of the retirement costs for a total of 2%through the duration of the agreement. Note: the 1% and 2% denoted here represents a percentage of gross payroll required by PERS to fund the retirement benefit plan. 5. Medical Benefits and Employee Cost Sharing The District will continue to pay the full cost of"Employee Only"coverage for the lowest cost PERS HMO plan by paying $300 per month per employee (regular, full-time) for the health insurance premium and contributing additional funds into the District's 125 Cafeteria Plan to cover the balance of employee-only coverage. Employees will contribute toward health insurance as follows: a) Effective January 1, 2007 the District will provide contributions to the Cafeteria Plan sufficient to cover the one-party premium of the lowest cost HMO (over and above the $300.00) and will pay ninety-five percent (95%) of the difference between the lowest cost HMO one-party plan and the lowest cost HMO 2-party or family plan premiums, as may be selected by the employee. If the employee selects a more expensive plan than the lowest cost HMO, the employee will pay 100%of the additional premium cost above what is paid for by the District under the lowest cost HMO plans as described above. b) Effective January 1, 2008 the District will provide contributions to the Cafeteria Plan sufficient to cover the one-party premium of the lowest cost HMO (over and above the $300.00) and will pay ninety-two and one-half percent (92.5%) of the difference between the lowest cost HMO one-party plan and the lowest cost HMO 2-party or family plan 1 premiums, as may be selected by the employee. If the employee selects a more expensive plan than the lowest cost HMO, the employee will pay 100%of the additional premium cost above what is paid for by the District under the lowest cost HMO plans as described above. c) Effective January 1, 2010 the District will provide contributions to the Cafeteria Plan sufficient to cover the one-party premium of the lowest cost HMO (over and above the $350.00) and will pay ninety percent (90%) of the difference between the lowest cost HMO one-party plan and the lowest cost HMO 2-party or family plan premiums, as may be selected by the employee. If the employee selects a more expensive plan than the lowest cost HMO, the employee will pay 100% of the additional premium cost above what is paid for by the District under the lowest cost HMO plans as described above. 6. Sick Leave Conversion Program Changes The District will discontinue the Sick Leave Conversion program as it relates to retiree medical for those employees hired after August 9, 2006. Existing employees that qualify for the sick leave conversion benefit will have such funds deposited into an RHS account upon retirement from District service. This change will not affect the cash-out sick leave program, or the ability to apply sick leave toward years of service upon retirement(as governed by CalPERS) for current or future employees. The cost for maintaining the retiree's RHS account (currently .33%) and the annual fee (currently$30.00) for reimbursement processing of qualified medical expenses, will be paid for by the retiree. 7. Long Term Disability Coverage Beginning with the new L.T.D. carrier, (no later than January 1, 2007) the employees will pay the cost of LTD coverage. The cost of this coverage is approximately .33 cents per hundred dollars of coverage or a payroll cost of 1/3 percent. By employees assuming this premium cost, any benefits received under the plan would not be taxable. i 8. District-paid Life Insurance As soon as practical, the District will move to a new life insurance carrier. The District will continue to pay the premium for this coverage. The coverage level will continue at two times the employee's annual salary, but will also include District-paid Accidental Death & Dismemberment coverage at two times the employee's annual salary. (Note: both Life Insurance and AD&D may be subject to carrier restrictions for employees age 65 and older.) 9. Salary Range Adiustments In spring 2005, the District contracted with Johnson &Associates to conduct a compensation survey for staff and management employees. This study suggested that the District's salaries are generally very competitive with its comparison group. As a result of this survey, The District made some adjustments to the salary ranges for a small number of classifications, and established stipends for other classifications based upon the attainment of relevant education or assuming particular functions. I 2 Area Superintendent Human Resources reviewed this position and noted the increasingly higher level functioning of these two incumbents as "mid-managers"with operational budgets and staffing numbers that exceed that of most departments. Human Resources then reviewed the data provided by the Johnson Compensation Study to ensure that these positions were being compared to the appropriate positions in comparable agencies. We found that for three of the comparable agencies, there was a more appropriate comparison than the one used by Johnson & Associates. With this new information, management is recommending a five (5) point range adjustment for this title, which has been included in the attached Position Classification and Compensation Plan. This change will place the Area Superintendent position very near the 50%percentile. Senior Administrative Assistant Last year the District established a 1% stipend for this title to compensate an incumbent for assuming the Deputy District Clerk function. Upon reflection, Administration believes that the deputy function is best performed by the incumbent of the Senior Administrative Assistant position. Therefore we propose including the Deputy District Clerk function within the class specification. We are further proposing that the salary range for the position be adjusted upward by I% and the stipend removed. 10. Department Manner Pay & Benefit Chanp-es Severance Pay In line with common practice among local agency department managers, the General Manager proposes providing a 90-day severance payment to department managers who are separated at the will and pleasure of the General Manager("at-will" employees). Merit Pay For those department managers who have reached the top of their salary range as of April 1st of any given year, (beginning April 1, 2007)the General Manager may award performance pay of between 0% and 5% at the end of that fiscal year, based upon overall performance, including completed items on the annual Action Plan as well as responses to unanticipated projects and personal achievement. This increase would be in the form of a one-time payment, and would not be added to the individual's base salary for future compensation. Note: With approval of this merit pay system, the department managers would no longer be eligible for longevity pay. 11. Field Supervisory Employee Specific Benefits Call Back Time Any hourly field supervisor not residing in District housing will receive a minimum of 3 hours of call-back time (up from 2 hours)paid at time and one half(I-1/2 time). Night Shift Differential Hourly field supervisors shall receive a night shift differential of$3.00 per hour (up from $2.25) for each hour actually worked between 7:00 p.m. and 6:00 a.m. on any shift. 3 Split Shift Differential Hourly field supervisors shall receive a differential of$40.00 (up from $30.00) per workday for each split shift actually worked. Uniform Allowance(Field Supervisors Area Superintendents and Operations Manager Increase from $438 per year to $500 per year effective April 1, 2006. Scheduling Scheduling for Maintenance/Resource Supervisors and Supervising Rangers will continue as outlined in the Operations Department Administrative Policy updated 11/7/05. i 4 J REGIONAL OPEN SPACE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-06-98 Meeting 06-19 August 9, 2006 AGENDA ITEM 4 AGENDA ITEM Authorize Retention of the Law Firm of Pillsbury Winthrop Shaw Pittman to Provide Legal Services to the District in Stated Matters, Approve Payment of Previously Authorized Funds to Pillsbury Winthrop Shaw Pittman in Lieu of Miller Starr& egalia, and Authorize Payment of Additional Legal Fees in an Amount Not to Exceed $30,0 1 GENERAL COUNSEL'S RECOMMENDATIONS 1. Authorize the General Manager to execute a retainer agreement with the law firm of Pillsbury Winthrop Shaw Pittman in the Matters of. Fogarty v. Midpeninsula Regional Open Space District, Saratoga Country Club v. Midpeninsula Regional Open Space District; and a potential encroachment and conservation easement violation at Sierra Azul Open Space Preserve. 2. Authorize additional legal fees in the matter of Fogarty v. Midpeninsula Regional Open Space District for the Pillsbury Law Finn in an amount not to exceed $30,000. 3. Approve the payment of funds previously approved for Miller Starr& Regalia to Pillsbury in the above described matters. DISCUSSION This agenda item requests Board authorization to pay additional legal fees needed to represent the District's interests in pending litigation, to authorize retention of the Pillsbury law firm in lieu of Miller Starr and Regalia due to the District's litigation counsel's change of law firm, and to approve payment to Pillsbury of fees previously authorized for Miller Starr& Regalia in these matters. The District is currently involved in litigation and legal matters that required the outside legal services of a firm with special expertise in real property litigation. In June 2005, after evaluating the legal qualifications and fees of several firms, the District's legal counsel recommended that the Board retain the law firm of Miller Starr& Regalia to represent its interests in these matters. (See Report No. R-05-64). R-06-98 Page 2 Since that time, the District has moved forward in these matters, represented primarily by Scott Sommer, an attorney at Miller Starr with particular experience and knowledge concerning the matters at issue. Recently, Mr. Sommer took a position at the law firm of Pillsbury Winthrop Shaw Pittman LLP ("Pillsbury"). While Pillsbury is a well-known and respected firm with considerable breadth of expertise and resources in real property litigation, the recommendation to authorize retention of this firm is primarily based on Mr. Sommer's move to Pillsbury. Since these matters are moving toward completion, and have been handled by Mr. Sommer, the most cost-effective and prudent decision is for Mr. Sommer to continue to represent the District's interest in these matters as they move toward completion. The matters in which Pillsbury will represent the District include the following: 1. Fogarty v. Midpeninsula Regional Open Space District is a lawsuit concerning a conservation easement and claim of access easement over Coal Creek Open Space Preserve. In September 2004, the District was sued by Fogarty concerning plaintiff's claim to a deeded easement over Preserve lands. An additional dispute arose from a disagreement about the uses allowed under a conservation easement granted to the District over a portion of the plaintiff's property. The Board authorized retaining the firm of Miller, Starr& Regalia to represent its interests in this litigation. The District filed a cross-complaint in order to protect its interest in the conservation easement. (See Report No. R-05-64.) The Board authorized additional legal fees in July 2005 (See Report No. R-05-84), in September 2005 (See Report No. R-05-98), and in December 2005 (See Report No. R-05-27), for a total of$105,000. Approximately$32,000 of these approved funds remain to be expended and approval is requested to pay these funds to Pillsbury in lieu of Miller Starr, as needed. Due to the considerable cost of discovery and trial preparation in this matter as a result of a variety of factors, the District's counsel is also recommending that additional funds in the amount of$30,000 be approved so that there are sufficient funds to take this matter through trial in a manner that allows the District to fully and vigorously defend the public's interest in this case. The budgeted funds will be a cost to the Real Property Department in the New Land Category and would be reflected in the District's mid-year budget adjustment. If approved, the total amount authorized in this matter would be $135,000 ($105,000 previously approved plus the additional $30,000 requested herein). Board approval to pay for the legal services of Mr. Sommers at Pillsbury is required. Additional fees may be needed to complete the trial. The trial date will be set on August 25". 2. At the same meeting, the Board also authorized Miller Starr to represent its interest in the matter of Saratoga Country Club v. Midpeninsula Regional Open Space District. This lawsuit arose out of a dispute concerning the District's staging area adjacent to Prospect Road that serves the District's Fremont Older Open Space Preserve. The suit alleged that the staging area was a nuisance in that it was allegedly operated improperly. The District disputed this allegation and contended that the Country Club was responsible for golf balls hit into the staging area by its patrons. The parties are attempting to find a mutually acceptable resolution of this dispute and have agreed to a feasibility study concerning potential relocation of the staging area. In the interim, plaintiffs have dismissed the lawsuit without prejudice to refiling it in the event an ultimate settlement of this dispute is not found. At your June 2005 meeting, the Board authorized expenditures for legal fees for Miller Starr in this matter in an amount not to exceed $10,000. No R-06-98 Page 3 approval to expend additional funds is needed at this time. However, services are needed to complete this phase of the lawsuit and therefore the Board is requested to authorize retention of the Pillsbury firm so that Mr. Sommer can complete the legal services needed on this project, and to approve payment of previously authorized funds to Pillsbury in lieu of Miller Starr, as needed. Approximately$4,000 in approved funds remains and this should be sufficient to close this matter. 3. Lastly, at the same meeting, the Board authorized Miller Starr to represent its interests concerning a fence built on Kennedy Trail by an adjacent neighbor, Mrs. Richardson. The District is also concerned that a road has been graded through a conservation easement on a portion of the Richardson property. The conservation easement is held jointly by the Town of Los Gatos and the District. District staff has been working with the Town's staff in an effort to resolve these matters. It is staff s desire to resolve these matters without litigation. However, on June 2005, the Board also authorized Miller Starr to represent its interests in this matter in an amount not to exceed$10,000. Again, no authorization for additional funds is requested in this matter. However, the Board is requested to authorize the retention of the Pillsbury firm so that Mr. Sommer can continue his work on this project and is requested to approve payment of these funds to Pillsbury in lieu of Miller Starr, as needed. The District has only spent $300 of these approved funds so far. Prepared by: Susan Schectman General Counsel Contact person: Same as above Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-06-100 Meeting 06-19 August 9, 2006 AGENDA ITEM 5 AGENDA ITEM Approval of Amendment to Purchase Agreement-Bargain Sale for the Purchase of Peninsula Open Space Trust (Driscoll Ranch) Property(San Mateo County-Assessor's Parcel Numbers 078-270-010, -020, -030; 078-290-010, -020, -030, -060; 08 -140-020; 082-170-010, -040), Located in Unincorporated San Mateo County Adjacent T Highway M as an Addition to La Honda Creek Open Space Preserve GENERAL MANAGER'S RECOMMENDATION Adopt the attached Resolution approving and authorizing execution of an Amendment to the Purchase Agreement-Bargain Sale for the Peninsula Open Space Trust(Driscoll Ranch) property. DISCUSSION At your meeting of January 12, 2006, you approved the purchase of the 3,681-acre Peninsula Open Space Trust (Driscoll Ranch)property as an addition to the La Honda Creek Open Space Preserve at a bargain sale purchase price of$9,000,000(see Report R-06-07). POST purchased the property in January 2002 for$21,000,000. The property's market value was confirmed by an appraisal of the property adjusted for the 50-year grazing lease with the property's tenant, Driscoll Ranches. The District Commissioner appraisal estimated the current fair market value at$25,455,000. Therefore, with a gift value of$16,455,000 and acreage of 3,681, this transaction represents both the largest gift ever received and the largest property ever purchased by the District. It was originally anticipated that the purchase would be completed and escrow closed by March 31, 2006. However, due to a variety of factors including the complex nature of this transaction and the difficulties encountered in completing required closing conditions, escrow has been extended until the end of September 2006. POST has agreed to previous extensions of escrow and has indicated their willingness to do so again as necessary to complete this transaction. This has delayed POST's ability to receive the purchase funds when originally anticipated. In light of this, and to preserve the substantial gift element of this transaction, POST has requested that the District make a$5,000,000 deposit towards the purchase price. Accordingly, the General Manager recommends, and POST has I R-06-100 Page 2 agreed, to amend the Purchase Agreement to make a$5,000,000 deposit toward the full purchase price to POST and extend the escrow until November 1, 2006. In the unlikely event the purchase fails to be completed for any reason, the full amount of the deposit of$5,000,000 will be fully refundable to the District by POST. The extended escrow period should allow sufficient time for staff to finalize the variety of steps needed to close this transaction. These steps include: entering into a required Springwater Easement Agreement with Driscoll Ranches, finalizing an access easement, formalizing an agreement for future District use and occupancy of residences located on the property, and obtaining pollution liability insurance specific to this property purchase. These remaining issues will be brought back to the Board for approval as a future agenda item in order to complete this bargain sale transaction within the extended time frame. CEQA COMPLIANCE A Mitigated Negative Declaration and Mitigation Monitoring Program was prepared by District staff and included as part of your January 12, 2006 meeting. The findings detailed in these documents remain in effect and unchanged. The District further concluded that the action proposed in this report does not constitute a change to the project,which would result in any additional impact on the environment. The project remains unchanged; these amendments are purely procedural in nature. Prepared by: Michael Williams, Real Property Manager Contact Person: Same as Above POS Driscoll Ranch Pieperty Addition to La Honda Creek Open Space Preserve J`' o r`ti V /POSIT ` .� — 1 Conserv�on o n a :asemen%. t ( Creed r Open S pa c Preserve ..`-�__._,. �-•,�, ,ram �� .� ��� ��� -��� r .�.. C I SC O l I � � �( ref� •, ! �l � � Q .� r` �- `\ ( r Oar -_�:,� ---• .--�!: •-��� r' � �� �'�� , . ��\,,_ sew,;;-('J IZ Oe 0 0.25 0.5 1 Residential Areas Miles Produced by Midpeninsula Regional Open Space District, December 2005 Scale 1:32,000 RESOLUTION 06-30 RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING EXECUTION OF AN AMENDMENT TO THE PURCHASE AGREEMENT-BARGAIN SALE, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (LA HONDA CREEK OPEN SPACE PRESERVE— DRISCOLL RANCH PROPERTY — LANDS OF PENINSULA OPEN SPACE TRUST) The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows: Section One. On January 12, 2006, the Board of Directors of Midpeninsula Regional Open Space District approved Resolution No. 06-03 accepting the offer contained in that certain Purchase Agreement—Bargain Sale by and between Peninsula Open Space Trust, a California non-profit, public benefit corporation and Midpeninsula Regional Open Space District, a California public agency, for purchase of the Driscoll Ranch Property. The Board of Directors hereby approves an Amendment to said Purchase Agreement-Bargain Sale, a copy of which is attached hereto and by reference made a part hereof, and authorizes the General Manager or appropriate officers to execute the Amendment on behalf of the District. Section Two. The General Manager and General Counsel are authorized to approve any revisions to the attached Amendment that do not significantly change any term or condition thereof. The General Manager is authorized to execute such other transactional documents as are necessary or appropriate to the closing or implementation of this transaction. AMENDMENT TO PURCHASE AGREEMENT—BARGAIN SALE That certain Purchase Agreement—Bargain Sale,entered into on January 12, 2006, by and between PENINSULA OPEN SPACE TRUST,a California nonprofit, public benefit corporation, (hereinafter called "POST"), and MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, (hereinafter called "District")for the purchase of that certain real property located within an unincorporated area of the County of San Mateo, State of California,containing approximately three thousand six hundred eighty and seven tenths(3,680.7)acres, more or less, and commonly referred to as San Mateo County Assessor's Parcel Numbers 082-170-010, 082-170-040, 082-140-020, 078-270-010, 078-270-020, 078-270-030, 078-290-010, 078,290-020, 078-290-030 and 078-290-060, is hereby amended as set forth below. This Amendment and the Purchase Agreement—Bargain Sale shall collectively be referred to as the"Agreement". 1. Section 1. Agreement of Sale. Subsection I.A. is hereby amended to read as follows: I.A. Purchase and Sale. POST agrees to sell to District and District agrees to purchase from POST, POST's real property located within an unincorporated area of the County of San Mateo, State of California, containing approximately three thousand six hundred eighty and seven tenths(3,680.7)acres,more or less, and commonly referred to as San Mateo County Assessor's Parcel Numbers 082-170-010, 082-170-040, 082-140-020, 078-270-010, 078-270-020, 078-270- 030, 078-290-010, 078-290-020, 078-290-030 and 079-290-060. Said real property is further described in the Legal Description attached to Preliminary Report Number 0353001952 from Old Republic Title Company, dated October 14, 2005 ("the Preliminary Report"). A copy of said Preliminary Report is attached hereto as Exhibit "A," and incorporated herein by this reference. 2. Section 5. Closina. Subsection 5.C(ii) is deleted in its entirety and replaced with the following subsection: 5.C(ii) Closing Date. POST and District agree that the Closing shall occur on the"Closing Date." The Closing Date shall be on or before the close of business thirty(30),days following the fulfillment of the District's Closing Conditions as set forth in Section 3, but in no event later than November 1, 2006; provided, however,that the parties may, by written agreement, extend the time for Closing. 3. Section 5. Closing. Subsection 5.E. shall be amended to read as follows: 5.E. District's Deposit of Documents and Funds. District shall deposit into the escrow on or before the Closing: (i) Certificate of Acceptance. The required Certificate of Acceptance for the Grant Deed, duly executed by District and to be dated as of the Closing. (ii) Deposit: On or before August 18, 2006, District shall deposit the sum of Five Million and NoI100 Dollars($5,000,000)with Escrow Holder as a deposit to be credited to the Purchase Price at Closing.On or before August 22,2006,Escrow Holder shall release the Deposit to POST. The full amount of the Deposit shall be credited toward the Purchase Price of Nine Million and No/100 Dollars($9,000,000)as set out in Section 2. The Deposit shall be fully refundable if the purchase of the Property is not consummated for any reason whatsoever, including but not limited to the breach or default of the District. In such case, POST shall fully refund the Deposit to District within thirty(30)days of the date of written notice from District to POST of termination of this Agreement. If the purchase of the Property is not consummated, POST shall have no right, title or interest in the Deposit. POST shall have no rights or remedies or offsets of any kind against District as a result of such Deposit refund. I (iii)Purchase Price. District's check payable to Escrow Holder in the amount of amount of Three Million Nine Hundred Ninety-Nine Thousand and No/100 Dollars($3,999,000) which is the balance of the full Purchase Price of Nine Million and No/100 Dollars ($9,000,000.00), less the$1,000 paid into escrow in accordance with Section 0 of this Agreement. (iv) Assignment of Leases. A fully executed Assignment of Leases in the form attached to this Agreement as Exhibit H. (v) Springwater Easement Agreement. A fully executed Springwater Easement Agreement in the form attached to this Agreement as Exhibit C. (vi) Residential Rental Agreement. A fully executed Residential Rental Agreement in the form attached to this Agreement as Exhibit D. (vii)Conveyance Documents. Such documents, including written Escrow instructions consistent with this Agreement, as may be necessary or desirable for conveyance of the Property in accordance with this Agreement. 4. The parties hereby ratify the Agreement as modified by this Amendment. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to the Purchase Agreement- Bargain Sale to be executed. DISTRICT: POST: MIDPENINSULA REGIONAL OPEN PENINSULA OPEN SPACE TRUST, SPACE DISTRICT a California non-profit, public benefit corporation APPROVED AND ACCEPTED: by President, Board of Directors AudreyC. Ru resident��� Date: Date: ATTEST: District Clerk Date: 1 Regional Open Space MIDPENINSLILA REGIONAL OPEN SPACE DISTRICT R-06-96 Meeting 06-19 August 9, 2006 AGENDA ITEM 6 AGENDA ITEM Final Adoption of an Amendment to the Use and Manage 11_.Plan for Los Trancos Open Space Preserve to Formalize an Existing Trail Connection with alo Alto'' Foothills Park and to Realign a Section of Page Mill Trail GENERAL MANAGER'S RECOMMENDATIONS 1 Amend the Use and Management Plan for Los Trancos Open Space Preserve to designate the existing trail connection between the Preserve and Palo Alto's Foothills Park as a hiking only trail. 2 Amend the Use and Management Plan for Los Trancos Open Space Preserve to realign the upper section of Page Mill Trail to accommodate drainage and recreation use improvements and to change the use designation of a portion of the trail to hiking only. DISCUSSION At the meeting of July 12, 2006, the Board considered two amendments to the Use and Management Plan for Los Trancos Open Space Preserve (see Report R-06-85). The first amendment formalizes a hiking-only trail connection between the Page Mill Trail in Los Trancos Open Space Preserve and the Pony Tracks Fire Road in Palo Alto's Foothills Park. This trail serves as an important regional connection between the Bay and the Skyline Ridge area, and will require only minor improvements to bring it to District standards. The second amendment expresses a realignment of an approximately 0.6 mile section of the Page Mill Trail. The purpose of the realignment is to route the trail away from the disc line and neighbors' homes, and improve both drainage and the recreational experience. No additional public comments have been received on this item. CEQA COMPLIANCE The Board determined that the project will not have a significant impact on the environment and that it is categorically exempt under section 15304 of the California Environmental Quality Act. Prepared by: Matt Freeman, Planning Manager Contact Person: Same as above Exhibit A: Project Map Los Trancor Foothill Park Tra ' ' Connection ° �0a`k � ♦ 'ate ♦. FG " r r ' � � _ Los Tran°p5 ruralize conneot . +' I r w + 7`/ ♦ /y 40 L ■ " �04 oaf t41 r I Page Midi, \ A TraiA. l \ r Ir Al r r Ar 1 I ♦ .c V .91 1 y '- ■ L 1 �o tree oop Tr. `• a \`r°F Trail To Be Removed \°c ; `d . .*l� ,. ra;l Proposed Reroute of Page Mill Trail '\ + ' ♦ ` /� g •■••■ Existing Trails Exhibit A e Produced by Midpeninsula Regional Open Space District,July 2006 0 255 510 1,020 Feet Regional Open Spay j MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-06-95 Meeting 06-19 August 9, 2006 AGENDA ITEM 7 AGENDA ITEM Authorization to Solicit Bids for Four Prefabricated Fiberglas o osite Pedestrian/Equestrian Bridges for El Corte de Madera Creek Open Space Presery GENERAL MANAGER'S RECOMMENDAT Authorize staff to solicit bids for four prefabricated fiberglass composite pedestrian/equestrian bridges for El Corte de Madera Creek Open Space Preserve. DISCUSSION On January 21, 2004, the Board of Directors approved the E1 Corte de Madera Creek Open Space Preserve Watershed Protection Program and Mitigated Negative Declaration (see Report R-04-10). The Program provides for substantial physical improvements to the Preserve's trail system for long- term erosion control. On March 8, 2006, the Board approved the Planning Department budget for Fiscal Year(FY) 2006-2007, which included $364,000 for construction of four bridges on the Giant Salamander and El Corte de Madera Creek Trails and other restoration projects (see Report R-06- 34). On July 12, 2006, the Board of Directors rejected all bids on a project to purchase and construct these bridges in 2006 (see Report R-06-89). i To streamline installation of these bridges in FY 2007-2008, staff requests authorization to solicit bids to pre-purchase bridges directly from the manufacturer and eliminate purchase of bridges by the future contractor. Direct purchase of bridges will result in cost savings to the District since contractors typically add overhead fees of approximately ten (10) percent to the actual bridge cost to recover the cost of their time and effort. Direct purchase of the bridges will also enable staff to produce a less complex bid package and streamline the implementation schedule. Once purchased, the bridges will be stored at the Skyline Field Office until project implementation in 2007. Prepared by: Meredith Manning Open Space Planner II Contact person: Same as above AV' Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-06-78 Meeting 06-19 August 9, 2006 AGENDA ITEM 8 AGENDA ITEM Adopt a Resolution Establishing Financial Instrument ignatories r Santa Clara County Accounts GENERAL MANAGER'S RECOM&IMDATI Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Establishing Financial Instrument Signatories for Santa Clara County Accounts. DISCUSSION Section 2.40 of your Rules of Procedure, "Financial Instrument Signatories,"states that, "The authorized signatories to checks, warrants, withdrawal applications and Santa Clara County claims forms . . . in amounts of$5,000 or greater(excluding payroll) shall be any two of the following 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." The District draws warrants from the County of Santa Clara which requires a further resolution identifying changes in named signatories when they occur. With the filling of the Planning Manager position and the marriage and subsequent name change of the Assistant General Manager, identification of new signatories is in order. Prepared by: Bunny Congdon, Sr. Accounting Specialist Contact person: Sally Rice, District Clerk RESOLUTION NO. 06-26 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ESTABLISHING FINANCIAL INSTRUMENT SIGNATORIES OF THE DISTRICT FOR SANTA CLARA COUNTY ACCOUNTS The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: WHEREAS Section 2.40 of the Rules of Procedure(required by Public Resources Code,Division 5, Chapter 3, Article 3, Section 5536) of the Board of Directors of the Midpeninsula Regional Open Space District authorizes signatories to make disbursements on behalf of the District; NOW,THEREFORE,the Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve as follows: Section 1. The signatures of the present holders of said offices are as follows, and the Director of Finance of Santa Clara County is authorized to make disbursements on behalf of the District based on any one signature for amounts under$5,000.00 and any two signatures for amounts of$5,000.00 and over, as set forth below: General Manager Assistant General Manager L. Craig Britton Sally Rice Operations Manager Public Affairs Manager John Maciel Rudy Jurgensen Planning Manager Real Property Manager Matt Freeman Michael C. Williams Claims No. 06-15 Meeting 06-19 Date 8/9/06 Midpeninsula Regional Open Space District # Amount Name Description 5282 $169.01 ADT Security Services Alarm Service-SFO 5283 $141.05 Allied Waste Services Garbage Service 5284 $38.97 Anderson Engraving Engraving-Name Badges 5285 $703.68 Appleone Employment Services Office Temp 5286 $385,37 Arbill Safety Products Field Supplies 5287 $275.70 AT&T Telephone Service-SFO,Voice Mail-AO,Alarm Service &Fax-FFO 5288 $102.79 Bay Area Air Quality Mgmt. District Annual Permit Renewal-FFO Fuel Tank 5289 $666.25 Beck's Shoes Inc. Uniform Shoes 5290 $71.40 Bill Korbholz Reimbursement-Docent Supplies 5291 $1,100.00 BJ Trading LLC Tank To Upgrade Skid Sprayer 5292 $25.83 California Water Service Company Water Service-Windy Hill 5293 $686.00 Camino Medical Group Medical Services 5294 $473.17 Carlson,Richard Reimbursement-Tuition 5295 $50.00 City Of Palo Alto Utilities Utility Fees-Black Mountain 5296 $1,137.09 CMK Automotive Inc. Vehicle Maintenance&Repairs 5297 $3,514.50 Coast Range Biological LLC Consulting Services-Vegetation Mapping Biotic Assessments&Services 5298 $119.00 Coastal Sierra,Inc. Internet Service-SFO 5299 $295.01 Costco Volunteer Supplies 5300 $74,155.28 CRW Industries, Inc. Seismic Upgrade&Access Improvements-Picchetti Winery 5301 $55,00 Del Rey Building Maintenance Replace Lights-AO 5302 $12,489.39 Donald Hays Trail Contractor Construction Of Ridgetop Trail At Pulgas Ridge 5303 $1,170,00 Dynamic Consultants,Inc. Special Inspections&Testing Services-Picchetti Winery Seismic Upgrade Retrofit Project 5304 $1,899.50 Environmental Science Associates Consulting Services-Environmental Review For Proposed Land Exchange 5305 $62.83 Forestry Suppliers,Inc. Field Supplies 5306 $21152 Foster Brothers Lock&Key Services 5307 $59.78 G&K Services Shop Towel Service 5308 $1,296,98 Gardenland Power Equipment Field Supplies 5309 $79.27 Goodco Press, Inc. Printing Services-Time Cards 5310 $187.77 Green Waste Recovery, Inc. Garbage Service-SFO 5311 $4,000.00 Hulberg&Associates, Inc. Appraisal Fees 5312 $90.00 Kurdistan Carpet Service Carpet Repair-AO 5313 $3,214.73 LFR Levine Fricke Engineer&Design Services-ECOM Staging Area Project &Pulgas Ridge Public Access Improvements Project 5314 $2,080.00 Liebert Cassidy Whitmore Legal Services 5315 $530.89 Life Assist First Aid Supplies 5316 $142.08 Los Altos Garbage Company Garbage Service-AO 5317 $150.47 Neopost Postage Machine Ink Cartridge 5318 $130.00 Northern Energy, Inc. Propane Tank Rental-FFO 5319 $5,000,000.00 ## Old Republic Title Company Land Acquisition-Driscoll Property 5320 $83.19 Orlandi Trailer Trailer Accessories 5321 $2,840.00 Palo Alto Staffing Office Temp-Administrative Assistant 5322 $126.73 Pape' Machinery Tractor Supplies 5323 $9.69 Parry,Rick Reimbursement-Uniform Expense 5324 $37.35 Peninsula Digital Imaging Scanning Services 5325 $314.49 Pringle Tractor Co. Tractor Supplies 5326 $115.00 R.H.F. Inc. Radio Recertification 5327 $3,471.24 Roy's Repair Service Vehicle Repairs&Service Page 1 of 2 Claims No. 06-15 Meeting 06-19 Date 8/9/06 Midpeninsula Regional Open Space District # Amount Name Description 5328 $196.48 Safety Kleen Solvent Tank Service-SFO 5329 $421.82 San Jose Water Company Water Service-RSA 5330 $160.50 San Mateo County Environmental Petroleum Release Groundwater Protection Program Health Oversight-Pulgas Ridge 5331 $1,500.00 *1 San Mateo County Parks And Focus Group Facilitation Recreation Foundation 5332 $600.60 *2 San Mateo County Planning&Bldg Grading Permit-Exemption Fee Division 5333 $10.00 San Mateo County Public Health Tick Testing 5334 $1,696.46 Sandra Gimbal Sommer Professional Planning Services-SFO HVAC Project 5335 $367.00 Santa Clara County-Department Of Annual Permit Fee -Hazardous Material Storage Environmental Health 5336 $2,424.50 Shute,Mihaly&Weinberger LLP Legal Services-Coastal Annexation Litigation 5337 $171.20 Skyline County Water District Water Service 5338 $926,62 Target Specialty Products Landscaping Supplies 5339 $64.00 Terminix Pest Control-A.0. 5340 $822.50 Trucker Huss Legal Services 5341 $405.71 Turf&Industrial Equipment Co. Vehicle Supplies 5342 $40.05 United Rentals Highway Technologies Sign 5343 $500.19 United Site Services,Inc. Sanitation Services 5344 $1,056.43 West Payment Center Legal Books&Electronic Research Total $5,130,324.06 *1 Urgent Check Issued 7/31106 *2 Urgent Check Issued 7/28/06 ## In The Event Agenda Item Is Not Approved,This Claim Will Not Be Processed Page 2 of 2 Claims No. 06-15 Meeting 06-19 Date 8/9/06 Revised Midpeninsula Regional Open Space District # Amount Name Description 5282 $169.01 ADT Security Services Alarm Service-SFO 5283 $141.05 Allied Waste Services Garbage Service 5284 $38.97 Anderson Engraving Engraving-Name Badges 5285 $703.68 Appleone Employment Services Office Temp 5286 $385.37 Arbill Safety Products Field Supplies 5287 $275,70 AT&T Telephone Service-SFO,Voice Mail-AD,Alarm Service &Fax-FFO 5288 $102.79 Bay Area Air Quality Mgmt. District Annual Permit Renewal-FFO Fuel Tank 5289 $666.25 Beck's Shoes Inc. Uniform Shoes 5290 $71,40 Bill Korbholz Reimbursement-Docent Supplies 5291 $1,100.00 BJ Trading LLC Tank To Upgrade Skid Sprayer 5292 $25.83 California Water Service Company Water Service-Windy Hill 5293 $686.00 Camino Medical Group Medical Services 5294 $473.17 Carlson,Richard Reimbursement-Tuition 5295 $50.00 City Of Palo Alto Utilities Utility Fees-Black Mountain 5296 $1,137.09 CMK Automotive Inc. Vehicle Maintenance&Repairs 5297 $3,514.50 Coast Range Biological LLC Consulting Services-Vegetation Mapping Biotic Assessments&Services 5298 $119.00 Coastal Sierra, Inc. Internet Service-SFO 5299 $295.01 Costco Volunteer Supplies 5300 $74,155.28 CRW Industries, Inc. Seismic Upgrade&Access Improvements-Picchetti Winery 5301 $55.00 Del Rey Building Maintenance Replace Lights-AD 5302 $12,489.39 Donald Hays Trail Contractor Construction Of Ridgetop Trail At Pulgas Ridge 5303 $1,170.00 Dynamic Consultants, Inc. Special Inspections&Testing Services-Picchetti Winery Seismic Upgrade Retrofit Project 5304 $1,899,50 Environmental Science Associates Consulting Services-Environmental Review For Proposed Land Exchange 5305 $62.83 Forestry Suppliers,Inc, Field Supplies 5306 $213.52 Foster Brothers Lock&Key Services 5307 $59.78 G&K Services Shop Towel Service 5308 $1,296.98 Gardenland Power Equipment Field Supplies 5309 $79.27 Goodco Press, Inc. Printing Services-Time Cards 5310 $187.77 Green Waste Recovery, Inc. Garbage Service-SFO 5311 $4,000.00 Hulberg&Associates, Inc. Appraisal Fees 5312 $90.00 Kurdistan Carpet Service Carpet Repair-AO 5313 $3,214.73 LFIR Levine Fricke Engineer&Design Services-ECDM Staging Area Project &Pulgas Ridge Public Access Improvements Project 5314 $2,080.00 Liebert Cassidy Whitmore Legal Services 5315 $530.89 Life Assist First Aid Supplies 5316 $142.08 Los Altos Garbage Company Garbage Service-AO 5317 $150.47 Neopost Postage Machine Ink Cartridge 5318 $130.00 Northern Energy, Inc. Propane Tank Rental-FFO 5319 $5,000,000.00 ## Old Republic Title Company Land Acquisition-Driscoll Property 5320 $83,19 Orlandi Trailer Trailer Accessories 5321 $2,840.00 Palo Alto Staffing Office Temp-Administrative Assistant 5322 $126.73 Pape' Machinery Tractor Supplies 5323 $9.69 Parry,Rick Reimbursement-Uniform Expense 5324 $37.35 Peninsula Digital Imaging Scanning Services 5325 $314,49 Pringle Tractor Co. Tractor Supplies 5326 $115.00 R.H.F. Inc, Radio Recertification 5327 $3,471.24 Roy's Repair Service Vehicle Repairs&Service Page 1 of 3 Claims No. 06-15 Meeting 06-19 Date 8/9/06 Revised Midpeninsula Regional Open Space District # Amount Name Description 5328 $196.48 Safety Kleen Solvent Tank Service-SFO 5329 $421.82 San Jose Water Company Water Service-RSA 5330 $160.50 San Mateo County Environmental Petroleum Release Groundwater Protection Program Health Oversight-Pulgas Ridge 5331 $1,500.00 *1 San Mateo County Parks And Focus Group Facilitation Recreation Foundation 5332 $600.60 *2 San Mateo County Planning&Bldg Grading Permit-Exemption Fee Division 5333 $10.00 San Mateo County Public Health Tick Testing 5334 $1,696.46 Sandra Gimbal Sommer Professional Planning Services-SFO HVAC Project 5335 $367.00 Santa Clara County-Department Of Annual Permit Fee -Hazardous Material Storage Environmental Health 5336 $2,424.50 Shute,Mihaly&Weinberger LLP Legal Services-Coastal Annexation Litigation 5337 $171.20 Skyline County Water District Water Service 5338 $926.62 Target Specialty Products Landscaping Supplies 5339 $64.00 Terminix Pest Control-A.D. 5340 $822.50 Trucker Huss Legal Services 5341 $405.71 Turf&Industrial Equipment Co. Vehicle Supplies 5342 $40.05 United Rentals Highway Technologies Sign 5343 $500.19 United Site Services, Inc. Sanitation Services 5344 $1,056.43 West Payment Center Legal Books&Electronic Research 5345 R $38.50 American Messaging Pager Service 5346 R $500.00 *3 Appraisal Research Corporation Appraisal Services 5347 R $33.08 AT&T Telephone Service-AO/Alarm Service-FFO 5348 R $1,800.00 Buena Vista Services Appraisal Services 5349 R $71.00 Conoco Phillips Fuel 5350 R $2,547.82 Cresco Equipment Rentals Equipment Rental -Cat Excavator For Salamander Reroute 5351 R $700.00 D&J Rooter Septic Tank Services-Dyer&Ranger Residence 5352 R $126,338.41 Downtown Ford Four 2007 Ford Pickups With Cabs 5353 R $3,052.02 EDAW Master Plan Contract Services-Sierra Azul&Bear Creek Redwood 5354 R $500.00 Gary Ifland&Associates, Inc. Surveyor Services 5355 R $460.00 Green Waste Recovery, Inc. Dumpster Service-SFO 5356 R $285.02 Home Depot, Inc. Field Supplies&Equipment 5357 R $360.00 *4 1 Print N'Mail Postage-Bay Area Ridge Council Postcard Mailing 5358 R $111.25 Jurgensen, Rudy Reimbursement-Mileage 5359 R $429.57 Los Altos Garbage Co. Dumpster Service-FFO 5360 R $313.03 Monster Mechanical, Inc. HVAC Maintenance&Repair-AD 5361 R $196.52 Orchard Supply Hardware Field Equipment&Supplies 5362 R $1,420.00 Palo Alto Staffing Office Temp-Administrative Assistant 5363 R $419.43 Petty Cash Parking/Mileage,Local/Out Of Town Business Meetings, Training,Office&Field Supplies 5364 R $1,707.35 Timothy C.Best,CEG Consulting Services-Pulgas Ridge Roads&Trail Assessment 5365 R $102.52 Xpedite System,Inc. Fax Broadcast System Services Page 2 of 3 Claims No. 06-15 Meeting 06-19 Date 8/9/06 Revised Midpeninsula Regional Open Space District # Amount Name Description Total $5,271,709.58 *1 Urgent Check Issued 7/31/06 *2 Urgent Check Issued 7/28/06 *3 Urgent Check Issued 8/08/06 *4 Urgent Check Issued 8/08/06 ## In The Event Agenda Item Is Not Approved,This Claim Will Not Be Processed Page 3 of 3 ?PaceRegional Upen MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: L. Craig Britton, General Manager DATE: August 7, 2006 RE: FYI's Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: L. Craig Britton, General Manager DATE: July 26, 2006 RE: FYI's I To: Jed Cyr, President, Pete Siemens, Mary Davey, Deane Little, Nonette Hanko, Larry Hassett, Kenneth Nitz CC: Craig Britton, Sally Thielfoldt From: Carol L. Joyce, Ombudsperson Date: 8/4/2006 Re: 2006 Second Quarter Report During the second quarter of 2006, 1 received one phone call. I was contacted by a Stanford student working on a project involving MROSD. She asked about my position and the types of inquiries I received. I explained that the position was established as a result of the annexation of the Coastside. I advised her'of the procedure I use when I receive an inquiry and the types of inquiries I have received to date. I informed her that the selection process and my reports are part of the public record. I concluded the conversation by inviting her to contact me again for further information. I have not received a follow up phone call. Based on the volume of inquires I have received since the first of the year, I suggest that my reports be submitted on a semi annual rather that quarterly basis. I am available to meet with the Board or the appropriate committee to discuss my suggestion. Respectfully submitted, Carol L. Joyce Ombudsperson Midpeninsula Regional Open Space District 1 July 18, 2006 Ca 1_1PC TO: AB 2479 Supporters RE: WMA Funding California Invasive Plant Council 1442-A Walnut St.,#462 Good news—the budget recently signed by the Governor includes $1.5 Berkeley,CA 94709 million for the state's Weed Management Areas! (510)843-3902 fax(510)217-3500 www.cal-ipc.org Your letters made this happen. Budget subcommittees in both the info@cat-ipc.org Assembly and the Senate, to whom your letters were directed, expressed 2006 Board of Directors how impressed they were with the amount of support for the program, Dan Gluesenkamp,President and the breadth of the support. They received letters from over 100 Audubon Canyon Ranch organizations, and many of them said this was the most organizations Mark Newhouser,Vice President Sonoma Ecology Center they had ever seen supporting an issue. Jennifer Erskine Ogden,Treasurer U.C.Davis Because funding has been written into the budget,AB 2479 is no longer Wendy west,Secretary needed for funding. It served to catalyze more direct action by the budget UC Cooperative Extension committees. Thanks are due to Assembly Member Dave Cogdill and his Steve Schoenig,Past President Legislative Director Erin Guerrero. Also, we received great advocacy California Dept.of Food& support in Sacramento from Andrea Fox of the California Farm Bureau Agriculture Federation, Kathy Manmon and Bob Pickard of the Regional Council of Christy Brigham Rural Counties, and the CaliforniaAgricultural Commissioners and National Park Service,Santa Monica Mountains NRA Sealers Association. Bob Case California Native Plant Society Because the WMA program is now funded through the state's General David Chang Fund (rather than the dedicated Noxious Weed Account), funding is on Santa Barbara Agricultural Commissioner's officethe annual July through June budget cycle. This, along with other Chris Christofferson factors, will result in the program changing somewhat. Cal4PC and U.S.Forest Service,Plumas partners will be meeting with CDFA to discuss these plans. All WMAs National Forest are encouraged to start preparing proposals for your top priority projects. Joanna Clines Fo rest service, sierra National Fore Congratulations to all of you on the success of restoring funding fot the Jennifer Drewitz WMAs—together we did it! Yolo County Resource Conservation District Sincerely, Jason Giessow Santa Margarita/San Luis Rey Weed Management Area John Knapp RECEIVED Catalina Island Conservancy Marla Knight U.S.Forest Service,Klamath National Forest Doug Johnson JUL 28 2006 Brianna Richardson Executive Director Montgomery Law Group,LLP �1DpEN*"LA REGIONAL OpEt (Affiliations for identification SPACE Di6TFA T purposes only) Regional Open Spy. ? 1 11101111 July 28,2006 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION Paul Maltzer, Environmental Review Officer Bay Division Pipeline Reliability Upgrade Project EIR 1660 Mission Street, Suite 500 San Francisco,CA 94103-2414 Subject: Notice of Preparation of an Environmental Impact Report—Bay Division Pipeline Reliability Upgrade Project Dear Mr.Maltzer: On behalf of the Midpeninsula Regional Open Space District,please accept the following comments regarding the Notice of Preparation of an Environmental Impact Report for the Bay Division Pipeline Reliability Upgrade Project. Created by voters more than 30 years ago,the District successfully manages approximately 50,000 acres of public open space land in San Mateo, Santa Clara and Santa Cruz Counties. The proposed project is located just north of the District's Ravenswood Open Space Preserve and in the vicinity of other protected open space lands. In addition to the scope and content of environmental review proposed,we would like to bring to your attention other issues that should be analyzed with respect to open space,recreation,and environmental resources. We have serious concerns about the following: Recreation The potential impacts of the project to existing and planned recreational uses on nearby properties must be analyzed. Please refer to the Association of Bay Area Government's (ABAG's)Bay Trail Feasibility Study that identifies connections for the San Francisco Bay Trail through the project area between the Dumbarton Bridge and the Ravenswood Open Space Preserve/Bay Road area. The District seeks to maximize access along the bayfront; granting access through bayfront properties within the project area will ensure that these future trail connections are not impacted. Visual/Aesthetics Impacts to visual resources including bay viewsheds, tidal marsh viewsheds,and open space viewsheds need to be analyzed. Please include an analysis of the potential visual impacts to protected open space lands,particularly from the perspective of a recreational user. Vegetation and Wildlife and Water Quality The project site provides significant habitat for a variety of plant and animal species. The potential impacts of the project on these natural resources and the potential destruction of marshland must be analyzed, including,but not limited to: removal of tidal marsh and native vegetation,barriers to connectivity of wildlife corridors,impacts to rare,threatened and endangered species including the California Clapper rail,Western Snowy Plover,and salt marsh harvest mouse,impacts to burrows resulting from vibrations, and potential sedimentation into bay waters. These impacts need to be analyzed in light of the ongoing tidal restoration activities at nearby bayfront properties including Ravenswood Open Space Preserve and the former Cargill ponds that are now managed by the United States Fish and Wildlife Service. 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,Nanette Honko,Larry Hossett,Kenneth C.Nitz L.Craig Britton Paul Maltzer,Environmental R+ v Officer July 28,2006 Page 2 of 2 Traffic and Circulation The impacts of the proposed project on traffic volumes, including the addition of significant truck traffic, and potential impediments to the safe access of public roadways and recreational trails must be analyzed. In addition,please evaluate the impacts of truck and equipment noise to nearby residents,nearby recreational users,and local wildlife. We appreciate the opportunity to comment on the scope and content of the environmental information to be included in the Environmental Impact Report for the Pipeline Project and look forward to receiving notification of future opportunities for input on this project. Should you have any questions,please contact Ana Ruiz, Senior Planner at(650)691-1200. Si cerely, 'y L. Craig Britt General Manager LCB:amr.jb cc: MROSD Board of Directors PLANNING DEPARTMENT City and County of San Francisco* 1660 Mission Street,Suite 500 o San Francisco,California o 94103-2414 MAIN NUMBER DIRECTOR'S OFFICE ZONING ADMINISTRATOR PLANNING INFORMATION COMMISSION CALENDAR (415)558-6378 I"INI:558-6411 PHONE:558-6350 PHONE":558-6377 INFO:558-6422 4TH FLOOR 5TH FLOOR MAJOR ENVIRONMENTAL INTI,'RNFT WEB SITE FAX:558-(A26 FAX:558-6401) FAX:558-5991 WWW.SF60V.ORG/I`TANNING June 2, 2006 To Responsible Agencies,Trustee Agencies, and Interested Parties: RE: CASE NO.2005.0164E—BAY DIVISION PIPELINE RELIABILITY UPGRADE PROJECT NOTICE OF PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT AND NOTICE OF PUBLIC SCOPING MEETINGS A Notice of Preparation(NOP)of an environmental impact report(EIR)pursuant to the California Environmental Quality Act(CEQA)and a Notice of Public Scoping Meetings for the above-referenced project, described below,has been issued by the San Francisco Planning Department. 'I he NOP and Notice of Public Scoping Meetings is either attached or is available upon request from Timothy Johnston, whom you may reach at(415)558-5978,voice; (415)558-5991,fax; timothyjohnstonG&s1`gov.org;or by mail at 1660 Mission Street,Suite 500, San Francisco,CA 94103-2414. The combined NOP/Notice of Public Scoping Meetings will also be available online at http://www.sfgov.org/site/planning—index.asp and www.sfwater.org (click on 'Projects and Plans,' then 'All Projects,' then 'Bay Division Pipeline Reliability Upgrade Project'). Project Description: The proposed Bay Division Pipeline Reliability Upgrade Project(the Project)includes construction of an additional 2 1-mile pipeline segment from Irvington Portal in Fremont,California,to Pulgas Portal in Redwood City,which would include a five-mile tunnel under San Francisco Bay("Bay Tunnel")and adjacent marshlands. The new Bay Tunnel would replace BDPLs Nos. I and 2 between the Newark and Ravenswood Valve Lots.The Project would also improve the seismic and water-delivery reliability of the BDPLs by allowing existing BDPL facilities to be taken out of service for maintenance while continuing to meet the water supply needs of SFPUC customers through 2030. Key features of the proposed Project include: • A welded-steel pipeline,approximately 72 inches in diameter,extending seven miles from Irvington Portal to Newark Valve Lot,located within the existing SFPUC right-of-way(ROW)of BDPLs Nos. I and 2. • A"Bay Tunnel"segment of BDPL No. 5,approximately 120 inches in diameter, extending five miles from Newark Valve Lot to Ravenswood Valve Lot,crossing under San Francisco Bay and adjacent marshlands. BDPLs Nos. I and 2 would tie into the tunnel at both ends and would be decommissioned between Newark and Ravenswood Valve Lots. • A welded-steel pipeline,approximately 60 inches in diameter extending nine miles from Ravenswood Valve Lot to Pulgas Portal, located within the existing SFPUC ROW of BDPLs Nos. I and 2. • Ten new valve vaults at existing valve lots that would house isolation valves and metering valves for connecting BDPL No. 5 to the existing BDPLs.(Isolation valves are used to cut off the flow of water to sections of a pipeline for inspection and maintenance activities. Metering valves are used to measure the flow of water.) • Isolation valves and piping for connecting BDPL No. 5 to Irvington and Pulgas Portals. The San Francisco Planning Department's Major Environmental Analysis Division(MEA)is preparing an EIR for consideration by decision-makers prior to a final decision by the SFPUC regarding whether to approve and implement the project.The purpose of the EIR is to provide information about potentially significant adverse environmental effects of the proposed Project,to identify possible ways to minimize Case No.2005.0164E Page i Bay Division Pipeline Notice of Preparation Reliability Upgrade Project those potentially significant adverse effects,and to describe and evaluate feasible alternatives to the proposed Project.Preparation of an NOP or EIR does not indicate a decision by the City to approve or to disapprove the proposed Project.However,prior to making any such decision,the decision makers must review and consider the information contained in the EIR. The San Francisco Planning Department will hold two PUBLIC SCOPING MEETINGS at the places, dates,and times listed below.The purpose of these meetings is to receive oral comments to assist the San Francisco Planning Department in reviewing the scope and focus of the Project's environmental impact analysis and information to be contained in the EIR. Written comments will also be accepted at these meetings and until the close of business on July 7. 2006. Written comments should be sent to the San Francisco Planning Department,Attn: Paul Maltzer,Environmental Review Officer, Bay Division Pipeline Reliability Upgrade Project EIR, 1660 Mission Street,Suite 500, San Francisco,CA 94103-2414, or provided via email to timothy.johnston@sfgov.org,or by fax to(415)558-5991.tr- Information on how to use public transportation to get to the scoping meetings can be found at: www.transitinfo.org/tripplanner. Scoping Meetings Fremont—June 20,2006 FREMONT 6:30-8:30 p.m. \ 84 Fremont Main Library 2400 Stevenson Boulevard f Fremont,California "� ' fREMONT f (near Fremont BART station)' TArMONt ` � 3',° 'fl �fio WA. Redwood City—June 21,2006 REDWOOD CITY 6:30-8:30 p.m. Veterans Memorial Senior Center Redwood Room �Jg y "A 1455 Madison Avenue Redwood City,California ��R, TERANS SEAROR 1 � s4 CENTER { m �4 `PC7 84 If you work for an agency that is a Responsible or Trustee Agency,we need to know the views of your agency as to the scope and content of the environmental information that is relevant to your agency's statutory responsibilities in connection with the proposed project.Your agency may need to use the EIR when considering a permit or other approval for this project. We will also need the name of the contact person for your agency. If you have questions concerning environmental review of the proposed project under CEQA,please contact Timothy Johnston at(415)558-5978. Case No.2005.0164E Page ii Bay Division Pipeline Notice of Preparation Reliability Upgrade Project TOM LANTOS INTERNATIONAL RELATIONS COMMITTEE l '„ Ranking Democratic Member CALIFORNIA 4 ,.:.,�.,,. e41. �_ WASHINGTON OFFICE: _ GOVERNMENT REFORM COMMITTEE 2413 RAYBURN BUILDING l r _ Subcommittee on Energy Policy, WASHINGTON,D.C.20515 - _ !�.. Natural Resources and Regulatory Affairs (202)225-3531 y Subcommittee on National Security. r Veterans'Aff4n and International Relations DISTRICT OFFICE: - - 400 S-EL CAMINO REAL - Cochair,Permanent United Slates SUITE 410 _ _ - - Congressional Delegabon to the SAN MATEO,CA 94402 r European Parliament (650)342-0300 Member,United States N$AN FCOCongressional Delegation to the (415)566-5266-5257 V�'. (Congress of t4P Unite► #tatrs NATO Pa hamentarry Assembly Cochair.Congressional '411Use of &preseritatiurs Human Rights Caucus �a�shing#on, �.(�. a��13 Member,Umtetl States Hplocaust Memorial Council i RECEIVED July 12, 2006 i JUL 13 2006 Craig Britton AtDPENfNSULA REGIONAL OPE11, SPACE DISTFOCT General Manger Midpeninsula Regional Open Space Trust 330 Distel Circle Los Altos, CA 94022 Dear General Manger Britton: I would like to invite you to join me at a breakfast for directors of local environmental organizations and individuals actively involved in environmental issues. Your views on federal policy matters that impact our rich and diverse environment are of utmost importance to me. My colleagues and I consider a wide array of legislative initiatives; many that affect the ecology of our region. I would very much appreciate your opinions and advice on matters of particular relevance to environmental preservation and education in the Bay Area. Please join me for breakfast and an informal dialogue on Tuesday, August 1, 2006 at 8:00 a.m. at the Burlingame Library Lane Room, 480 Primrose Road (entrance at Bellevue Ave.) in Burlingame. Kindly RSVP to my San Mateo office(650-342-0300) at your earliest convenience. Cordially, I i TOM LANTOS Member of Congress Printed on Recycled Paper July 26, 2006 Honorable Alden E. Danner Presiding Judge, Santa Clara County Superior Court Superior Court Building 191 North First Street San Jose, CA 95113 Re: Midpeninsula Regional Open Space District's Response to the 2005-2006 Civil Grand Jury Report,Exploring Open Space Special Districts in Santa Clara County Dear Honorable Alden E. Danner, On behalf of the Midpeninsula Regional Open Space District(MROSD), I am pleased to respond to the Santa Clara County Civil Grand Jury's report,Exploring Open Space Special Districts in Santa Clara County. We welcome this opportunity to provide you with our comments. We greatly appreciate the positive comments that the Civil Grand Jury expressed in the report.There were no specific findings or recommendations to which a response would be appropriate; however, we would like to offer only a few minor suggestions to improve the accuracy of the report. 1)In the section that discusses the Santa Clara County Open Space Authority on page one, first paragraph, first sentence,we believe that it would be more accurate to say: "Before 1993,the Santa Clara County Board of Supervisors commissioned the "2020 Task Force,"which recommended, among other things, that the Open Space Authority be created." 2) In the section that discusses MROSD,on page six,first paragraph,the second sentence could be clarified by mentioning the statutory authority for the District's debt. We suggest adding the following: "The debt shown in the March 31, 2005 annual report was greater than $130 million, as authorized under section 5544 et seq. of California the Public Resources Code." 3)Again, on page six, fifth paragraph,we believe the first sentence would be more accurate if stated as follows: "Board members often run unopposed and therefore, by statute, MROSD may determine not to list their names on the ballot in order to avoid unnecessary election costs." Again,thank you for the complimentary report and the opportunity to provide you with our comments. We commend the Grand Jury for its thoughtful and thorough investigation of the County's Open Space Special Districts. We respectfully hope that you will consider our suggestions. Sincerely, Jed Cyr President, MROSD Board of Directors cc: MROSD Board of Directors Regional Open SF. a MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-06-91 -7 Meeting 06-18 July 26, 2006 AGENDA ITEM 2 AGENDA ITEM � 'I Response to the Santa Clara County Civil Grand Jury Report , RT GENERAL MANAGER'S RECOMMENDATION Approve the attached Response from the Board of Directors b t the Santa Clara County Civil Grand Jury's Report issued May 11, 2006 regarding its review of Open Space Special Districts. DISCUSSION DIS . The Santa Clara County Civil Grand Jury recently investigated a number of special districts, including the two open space districts in Santa Clara County—the Santa Clara County Open Space Authority and the Midpeninsula Regional Open Space District. The Grand Jury report, entitled Exploring Open Space Special Districts in Santa Clara County, examined issues of interest such as financial information, pending lawsuits, and future areas of concern. State law requires that, no later than 90 days after submission of the report, the governing body of the public agency shall submit comments to the presiding judge of the superior court regarding the findings and recommendations of the Civil Grand Jury. As the governing body of the Midpeninsula Regional Open Space District, the District Board is the proper body to submit the District's response. The response is due by August 9, 2006. The overall report was very favorable, and only minor comments are being forwarded to clarify a few issues. Staff has prepared the attached response to the Honorable Alden E. Danner from the President of the Board of Directors, and recommends Board approval. This response will be forwarded to the Clerk of the Court of Santa Clara County by way of the Court Executive Officer. A copy will be kept on file with the District Clerk. Prepared by: Michelle Jesperson, Management Analyst Contact person: L. Craig Britton, General Manager Regional Open Sp, .'e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT INTER-OFFICE MEMORANDUM To: C. Britton, General Manager From: M. Williams,Real Property Manager Date: August 4, 2006 Subject: Interiano Property Addition to Sierra AzuI Open Space Preserve Escrow closed for the subject transaction on August 4,2006, and title to and possession of this 23.08-acre parcel passed to the District. I am not aware of any use and management concerns that were not addressed in the staff report to the Board. In accordance with the public notification policy, and since there were no public and/or adjoining owner comments which might require amendment to the use and management recommendations, close of escrow marks the final adoption of the preliminary use and management plan recommendation as tentatively approved by the Board of Directors at their meeting of July 26, 2006. DEDICATION&ACQUISITION CHART INFORMATION Preserve County Ownership Status: Board Approval Date& & & Grantor Acres (Fee,Easement,Lease, Resolution Number or Area A.P.N. Mgmt Agreement) General Manager Approval Date Sierra Azul OSP Santa Clara Ruth Interiano 23.08 Fee July 26,2006 Mt.Umunhum 562-23-008 Resolution No.06-25 Mgmt Status: Dedication Date . Closing Date (Open,Closed,CMU, Status(Fended ended or Type Purchase Price GIS Code or Other) Withheld) August 4,2006 Closed Withheld Cash $255,000.00 Misc.Notes: 1. District will clean up property post-closing(removal of dilapidated storage sheds,horse stalls and corrals,and debris)and will re-contour the unsurfaced driveway to a natural slope. 2. Operations staff will install cable barriers post-closing to prevent vehicle entry and potential illegal dumping. cc: Board of Directors Administration Accounting Operations&Field Offices Planning Public Affairs 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 650-691-0485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz L.Craig Britton Regional Open space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: L. Craig BrittonGppetul Manager DATE: August 9, 2006 RE: FYI's Regional Open Sp, -,e -------Au--gus-t—8�, 006 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Rob Eastwood, Senior Planner County of Santa Clara Planning Office County Government Center 70 West Hedding Street San Jose,California 95110 Dear Mr. Eastwood: On behalf of Midpeninsula Regional Open Space District(District),please accept the following comments regarding the Notice of Intent to Adopt a Mitigated Negative Declaration for the Mora Drive Thomas Subdivision. As a public agency,the District manages approximately 50,000 acres of open space land in San Mateo, Santa Clara and Santa Cruz Counties. The proposed project is located immediately north of and adjacent to the District's Rancho San Antonio Open Space Preserve. This is the Districts' most visited Preserve in the 25 Preserve system. The District is concerned about the proposed subdivision's potential to degrade the visual quality and character of the adjacent open space. The Thomas property is visible from Rancho San Antonio's Mora Trail,which is used daily by the public. The existing house and garage are currently screened by a grove of trees on proposed lot 3. In order to preserve the current feel of Mora Trail,the District urges that no trees be impacted or removed within 100 feet of the Rancho San Antonio property line. This restriction would mitigate the aesthetic impact of the additional houses on the neighboring open space while remaining compatible with the proposed location of building pads on lots 2 and 3. Rancho San Antonio is situated on higher ground than the Thomas property. If the screen of trees is preserved,the project's primary visual impact would be from the two new rooftops. The impact of the buildings can thus be further minimized by limiting the height to one story. Rooftops should be earth toned,and sloped rooflines are preferred over flat. Additionally,the current style of fencing should be retained along the border of the property. The existing fence protects the character of the adjoining open space because it maintains a wildlife corridor and does not create a visual wall between the two properties. Finally, the proposed subdivision could negatively impact the area's biological resources in a manner not considered in the environmental evaluation. The construction and grading could result in the proliferation of invasive plants at the site. The District therefore requests that management or removal of invasive weeds be included as a mitigation measure for all disturbed areas. Midpeninsula Regional Open Space District has worked for many years to preserve natural resources for the appreciation and benefit of present and future generations. We therefore appreciate the opportunity to con niTt on the negative declaration and look forward to receiving notification of future opportunities for iril p_.y to is project. Si erely, L. Craig Britt n General Manager LCB:ac.jb Board of Directors 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 Regional Open Spa -e ----------------0--- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT August 8, 2006 CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION Mark J. Connolly, Planner III County of Santa Clara,Department of Planning and Development Planning Office th County Government Center, East Wing 7 Floor 70 West Hedding Street San Jose, CA 95110 Re: 21925 Arrowhead Lane, Cupertino (T.H. Tan Residence) Dear Mr. Connolly: On behalf of Midpeninsula Regional Open Space District(District), I would like to submit the following comments regarding the residential development project proposed on Arrowhead Lane in the hills above Saratoga. The District owns and manages approximately 50,000 acres of open space land on the San Francisco Bay peninsula, including Fremont Older Open Space Preserve, which is located in close proximity to the proposed project site. The District's 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. Given this mission, the District has the following concerns: Transportation/Traffic Although the long-term impacts of the proposed project on traffic volumes are addressed, the impacts of temporary increases in traffic to and from the project site by construction vehicles and workers are not sufficiently analyzed. Prospect Road,which intersects with Arrowhead Lane at a bend in the former, serves as the primary access route for users of Fremont Older Open Space Preserve. These recreational users travel not only by automobile,but also by bicycle, on horseback, and on foot along Prospect Road. Because peak recreation hours at this Preserve fall on evenings and weekends, the overall safety of transportation and traffic for this proposed project could be improved by limiting the construction traffic hours to weekday business hours where possible. In cases of large single deliveries, a flag person or other additional safety measures may be appropriate, particularly at the intersection of Arrowhead Land and Prospect Road. Noise Because the project is located in close proximity to an Open Space Preserve,both wildlife and the recreational user's experience may be negatively impacted by construction noise. 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 650-6gi-0485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hossett,Kenneth C.Nitz L.Craig Britton &=-, cr site is articular) close to the Seven Springs trail, a wooded route frequented The project p y by hikers, equestrian users, and bicyclists. To reduce possible disturbance to Preserve visitors and to wildlife,the District recommends limiting peak construction noise to weekday business hours. We appreciate the opportunity to comment on the proposed development. Should you have any questions,please feel free to contact Planning Technician Stella Cousins at(650) 691- 1200. Sinc rely, L. Craig Britton 1 General Manager LCB:sc Jb cc: MROSD Board of Directors 2 I Regional Open Sp .,e 0111111 11 August 4,2006 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT San Francisco Bay Conservation and Development Commission Will Travis, Executive Director Joseph LaClair, Senior Planner 50 California Street, Suite 2600 San Francisco,CA 94111 Re: Draft Staff Report and Preliminary Recommendation on Proposed Revisions to the Recreation Findings, Policies and Bay Plan Map Revisions Dear Mr.Travis and Mr. LaClair, Thank you for the opportunity to provide comments on the recently proposed changes to the Bay Plan Findings and Policies. We agree that the changing recreational needs in the San Francisco Bay area require an updated Bay Plan. Midpeninsula Regional Open Space District(District)owns and manages more than 50,000 acres in Open Space Preserves along the South Bay shoreline and the mountainous ridges of the peninsula. Given that these key segments of regional trails are located within District Preserves,your continuing inclusion of the San Francisco Bay Trail and the Bay Area Ridge Trail in the Bay Plan is appreciated. Particularly, letter L addresses completion of the Bay Trail. As the District is interested in completing Bay Trail connections,notably between Palo Alto Baylands and Ravenswood Open Space Preserve and between Sunnyvale Baylands Park and Stevens Creek Nature Study Area,we fully support all efforts in securing trail continuity along this corridor. Also,we would like to request a few minor changes to the land designations in Plan Map 7(Figure 28). Beginning in 2000,Ravenswood Open Space Preserve underwent tidal restoration through extensive breaching of the salt pond levees. Since this area is now a tidal marsh,please use the tidal marsh symbol for these lands. Additionally,the District's Stevens Creek Nature Study Area, located adjacent to the northwest comer of the Moffett Field Naval Air Station, is currently under public ownership,and not part of Moffett Field. It is shown as airport(blue)property; a more accurate reflection of ownership and resources in this area would be the gray color used for the"Salt Pond/Managed Wetland"category. Finally,where possible,the District would very much appreciate text labels for the open space it maintains as a recreational and environmental resource for the public. A map is attached with the requested changes indicated. Thank you for considering the myriad issues involved in updating to the Bay Plan. Should you have any qpeMbns'regarding our comments,please feel free to contact Stella Cousins at(650) 691-1200. incerely, L. i Bri General G I al anager LCB:sc-jb cc: MROSD Board of Directors 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 Mowry•.. © _1 mg —y umbarto _ k Pt. O lX `\. .✓+;�+� ' DON EDWAROS MENLO PARK ...-.-°�r _ SAN FRANCISCO BAY RFRGNf •-^"' NATIONAL WILDLIFE REFUGE BAVFRONT PARK NSWOOD A N SPACE COoIG PRESERVE ' ie•deMwwM+s�k Athe1't,ln t 2t5t averasFit. ti sand Pt. Menlo Park sa" Guadaut e Franci.squi - T Long Pt Creek \ PA LO ALTO r ' BAYLANDS4AiW. NATURE RESERVE �I J i t Pall Attu 1?/ 4*0 tl'! A MOUNTAIN VIEW L SHORELINE 9d4lMi"11"ARK 11 mIntain, View 3. 5 nr San Francisco Bay Conservation and Development Corrmssion Map Updates Requested by Midpeninsula Regional Open Space District 1. Ravenswood Open Space Preserve =Tidal Marsh 2. Stevens Creek Nature Study Area = Salt Pond/Managed Wetland IF Craig Britton From: Brian Steen [bsteen@sempervirens.org] Sent: Tuesday, August 08, 2006 4:44 PM To: bsteen@sempervirens.org Subject: Tony Look Tony by Rod earcey X12 33b bw.Dear friends of Sempervirens: Yesterday, we learned that Tony Look died this past Saturday, August 5, 2006. We are in contact with his family and are preparing a number of publications and events to recognize Tony and his work with Sempervirens. Many things can and will be said about Tony's work and commitment to preserving redwoods and creating trails. We are collecting testimonials and stories, so please let us know if you have words to share. We've already heard from Dick Wheat, long time Sempervirens Board member, who eloquently sums up Tony's work and his leadership: "My memories of Tony Look and the Sempervirens Fund go back many years to 1968 when it all began. Tony was the idea man and he had the ability to make us all believers in his dreams. For the 13 years I was president of the fund in those early years, it was Tony who led our small group of advocates, the rest of us just tried to keep up. Tony was a visionary, a practical advocate for saving precious land, planting thousands of redwood trees, building miles of trails and teaching others that the impossible was possible! Tony was unique and irreplaceable and he will always be with us. Dick Wheat Brian Steen Executive Director Sempervirens Fund 650-968-4509 http: //www.sempervirens.org <http://www.sempervirens.org/> i �f F t f 1.. i'} •{, �1 ' r 5• l r file://C:\Documents%20and%20Settings\cbritton\Local%20Settings\Temporary%20Internet... 8/9/2006 Regional Open 5pi, e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT This letter was sent to: Jackie Speier CA Senate, District 8 August 7, 2006 Gene Mullin CA Assembly, District 19 Rich Gordon County of San Mateo Honorable Gene Mullin Holly van Houten Committee for Green Footh Assemblymember, California State Assembly Susan Gladstone Cal Regional Water Quality 1528 S. El Camino Real, Suite 202 Julia Bott SM Parks &Rec Foundatiol Jim Howard NRCS San Mateo, CA 94402 Melissa Hippard Sierra Club Dear Assemblymember Mullin: We have recently received very exciting news! We have been granted $500,000 from the Habitat Conservation Fund to purchase the 183-acre POST property, adjacent to the Purisima Creek Redwoods Open Space Preserve. This property, located six miles south of Half Moon Bay, is owned by Peninsula Open Space District and managed by the District. It includes steelhead-spawning habitat in a section of Lobitos Creek, and Irish Ridge, a significant watershed. Permanently protecting this property will allow the District ensure the quality of Lobitos Creek as habitat for the federally protected steelhead trout. On behalf of the Board of Directors of the Midpeninsula Regional Open Space District, I would like to thank you for taking time out of your very busy schedule and to write a letter of support which enabled us to secure this very generous grant. We sincerely appreciate your continued dedication and effort to help make the open space preservation programs in the Midpeninsula area a success! Sin;ce f , L. Craig Britton General Manager LCB/ec cc: Midpeninsula Regional Open Space District, Board of Directors 33o Distel Circle 650-69i-1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-6gi-0485 fax www.openspace.org Deane Little,Nanette Hanko,Larry Hassett,Kenneth C.Nitz L.Craig Britton 6= •?s » 9611y Thielfoldt From: Sally Thielfoldt Sent: Monday, August 14, 2006 3:05 PM To: 'albert_grek@yahoo.com' Subject: FW: Response to Your E-mail Dear Mr. Grek, Attached is the letter signed by Board President Jed Cyr at the August 9th Board Meeting, in response to your e-mail regarding the residence at the Thomwood Open Space Preserve. The letter provides a phone number and contact person should you have further questions. Sincerely, Sally Thielfoldt,Assistant General Manager Midpeninsula Regional Open Space District (650) 691-1200- tel (650)691-0485-fax wunv.openspace.org 7--J Grek written cornm.doc Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT August 10, 2006 Mr. Al Grek: Albret grek6Lyyahoo.com Dear Mr. Grek: i Thank you for your correspondence dated July 17, 2006 regarding the residence at the Thornewood Open Space Preserve. I understand that staff provided you information on July 18, 206 (copy attached) addressing your concerns and a summary of the history of the Thornewood property, starting with the original gift of the property received from the Sierra Club Foundation in the early 1980s up to and including the lease arrangement with the current caretaker. As discussed in the staff response, the caretaker is responsible for the ongoing maintenance and repair of the structure and the grounds. In addition, the caretaker has completed numerous major repairs to the residence and infrastructure during the past ten years of occupancy. The District has found this arrangement to be a cost efficient public-private partnership with the shared goal of restoring the residence. f If you have additional questions about this matter, I encourage you to contact Mike Williams, the District's Real Property Manager by telephone at (650) 691-1200. Sincerely, Jed Cyr, President Board of Directors Cc: M. Williams, Real Property Manager July 17, 2006 To the the Mid-peninsula Open Space District Board of Directors, I sent the following in an e-mail on June 5 to Mid-peninsula's e-mail address from your website, info7aoNnsp4c�.or . I have not yet received a response, so I direct the matter to you hoping for a reply. Please e-mail me your response t( O.Coni . I prefer paperless communication.: Subject: Dilapidated House in the Thornewood Open Space Preserve Hello by name is , I'm a Woodside resident and I was recently hiking in your Thornwood preserve and I came across some people in the parking lot who had just purchase recycled wood from a man who lives in the large white house next to the preserve, I think the address is 895 La Honda Rd, Woodside. I wouldn't have thought much of it but I have since learned that the Mid-peninsula Open Space District owns the house. I actually went up to the house and noticed that the large white house is in poor shape. From what I've gathered a caretaker lives at the house rent free in exchange for work on the house. I'm sorry to say that the house needs a lot of work and it doesn't look like much has been done and as Woodside resident and taxpayer I hope the house lives up to its possibility. Before I pass judgment or make any calls, I wanted to gather more information on what has been done to the house to repair it. How long has the caretaker been working on the house, how long have those repairs have taken, what is the timeline to finish the house and how often does Mid-peninsula Open Space District evaluate the caretaker's work. Also will this house ever go out to bid for others that would want to renovate this house? Thanks for your time, I expect you'll have at least some of this information by weeks end, Email is great, A I Mike Williams From: .@yahoo.com] Sent: Saturday, .fury zv, zuvu 3:49 PM To: Mike Williams Subject: Re: FW: Dilapidated House in the Thornewood Open Space Preserve Dear Mr. Williams: Thank you for your delayed response. Please forward my letter I sent by US mail to your Board. After reading the list you provided of the tenant's improvements to the property over the last decade, I have decided I would like your Board's comments. I appreciate the time and attention you have given to this matter. --- Mike Williams <mwilliams@openspace.org> wrote: > Dear > I thought I sent you the following response on June > 29, 2006. However, after receiving your letter to > the District's Board of Directors, I reviewed my > email response and noticed that your correspondence > was sent to our general email address and forwarded > to me. Therefore, my response never reached you. > Please contact me directly at (650) 691-1200 if you > have any additional questions. And, do you still > want this correspondence to go to the District's > Board of Directors? > > Sincerely, > Michael C. Williams > Real Property Manager > > -----Original Message----- > From: Mike Williams > Sent: Thursday, June 29, 2006 10:00 AM > To: General Information > Cc: Craig (E-mail) ; John Dickey (E-mail) > Subject: RE: Dilapidated House in the Thornewood > Open Space Preserve > Dear > The District does own the Thornewood property and > the house you visited. The District received this > property in the early 1980s as a gift from the > Sierra Club. As you may be aware, the District's > primary purpose is to purchase and preserve public > open space to protect the natural environment and > for public enjoyment. A former tenant vacated the > property in 1995 after failing to fulfill their > maintenance and repair obligations and allowing the > residence to deteriorate significantly. The current > tenant has occupied the residence since late 1996 > under a lease arrangement requiring the tenant to 1 ` � erform routine maintenances -nd repair of the residence and larger and more expensive repairs in • lieu of rent. The District does receive a small • monthly rent. To date, the tenant has completed the • following major repairs: 1. installed a new roof and • gutters to the residence, 2. rebuilt and replaced • the rear balcony and stairway, 3. substantial • plumbing repairs, 4. upgraded the electrical service • panel and wiring to portions of the structure, and • 5. most recently replaced, restored and painted the • siding to the two story turret at the front of the • residence. • As a public agency with the primary purpose of • purchasing and protecting open space, this has been • a cost efficient public-private partnership with the • goal of restoring the residence. On a monthly • basis, staff reviews the tenants work reports and • progress on approved projects. However, the tenant • does have limited financial resources and is busy • running a renewable resource business of demolishing • and recycling structures. • You also asked about the possibility of the District • pursuing a public bid process for obtaining a new • tenant to restore the residence. If you are aware • of anyone with the financial capability and interest • in the renovation of this property, we would be • interested in pursuing a bid process, which would • result in an improved lease arrangement for the • renovation of this residence as a part of the • Thornewood Open Space Preserve. • If you have additional questions or concerns, please • contact me directly by telephone at (650) 691-1200 • or by email at mwilliams@openspace.org. > Sincerely, • Michael C. Williams • Real Property Manager • -----Original Message----- • From: General Information • Sent: Tuesday, June 06, 2006 11: 17 AM • To: Mike Williams; John Dickey; John Maciel • Subject: Fw: Dilapidated House in the Thornewood • Open Space Preserve > > ----- • From: k • To: <info@openspace.org> • Sent: Monday, June 05, 2006 4:51 PM • Subject: Dilapidated House in the Thornewood Open • Space Preserve • Hello by name is I 'm a Woodside resident • and • I was recently hiking in your Thornewood preserve • and • I came across some people in the parking lot who had • just purchase recycled wood from a man who lives in • the large white house next to the preserve, I think • the address is 895 La Honda Rd, Woodside. I wouldn't 2 f>> h<3ve thought much of it bu,_ . have since learned tiIat > the Mid-peninsula Open Space District owns the > house. > I actually went up to the house and noticed that the > large white house is in poor shape. > From what I've gathered a caretaker lives at the > house > rent free in exchange for work on the house. I 'm > sorry > to say that the house needs a lot of work and it > doesn't look like much has been done and as Woodside > resident and taxpayer I hope the house lives up to > its > possibility. > Before I pass judgement or make any calls, I wanted > to > gather more information on what has been done to the > house to repair it. How long has the carteker been > working on the house, how long have those repairs > have > taken, what is the timeline to finish the house and > how often does Mid-peninsula Open Space District > evaluate the caretaker's work. Also will this house > ever go out to bid for others that would want to > renovate this house? > Thanks for your time, I expect you'll have at least > some of this information by weeks end, Email is > great > and attachments are fine, > Do You Yahoo! ? > Tired of spam? Yahoo! Mail has the best Spam > protection around > http: //mail.yahoo.com Do You Yahoo! ? Tired of spam? Yahoo! Mail has the best spam protection around http: //mail.yahoo.com 3