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Home My Public Portal About20060913 - Agenda Packet - Board of Directors (BOD) - 06-21 Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 06-21 REVISED SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 7:00 p.m. Wednesday, September 13,2006 330 Distel Circle,Los Altos,California Please Note: 7:00 p.m. Closed Session Start Time 7:30 p.m. Regular Meeting Start Time AGENDA* 7:00 ROLL CALL CLOSED SESSION The Closed Session will begin at 7:00 p.m. At the conclusion of the Closed Session,the Board will adjourn the Closed Session to the Regular Meeting,and,at the conclusion of the Regular Meeting,the Board may reconvene the Closed Session. 1. Conference with Legal Counsel—Existing Litigation,California Government Code § 54956.9(a)Name of Case—Citizens for Responsible Open Space v. San Mateo County LAFCo,Midpeninsula Regional Open Space District San Mateo County Superior Court Case No. CIV442954 7:30 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ROLL CALL ORAL COMMUNICATIONS—Public ADOPTION OF AGENDA-J. Cyr ADOPTION OF CONSENT CALENDAR-J. Cyr APPROVAL OF MINUTES • DULY 26,2006 • AUGUST 9,2006 WRITTEN COMMUNICATIONS BOARD BUSINESS 7:40* 1 Adopt Resolution to Amend the Personnel Policy and Procedures Manual Based on Changes Approved at the August 9,2006 Board Meeting. Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 06-21 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 7:00 p.m. Wednesday, September 13,2006 330 Distel Circle,Los Altos,California Please Note: 7:00 p.m. Closed Session Start Time 7:30 p.m. Regular Meeting Start Time AGENDA* 7:00 ROLL CALL CLOSED SESSION The Closed Session will begin at 7:00 p.m. At the conclusion of the Closed Session,the Board will adjourn the Closed Session to the Regular Meeting,and, at the conclusion of the Regular Meeting,the Board may reconvene the Closed Session. 1. Conference with Legal Counsel—Existing Litigation,California Government Code § 54956.9(a)Name of Case—Citizens for Responsible Open Space v. San Mateo County LAFCo,Midpeninsula Regional Open Space District, San Mateo County Superior Court Case No. CIV442954 7:30 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ROLL CALL ORAL COMMUNICATIONS—Public ADOPTION OF AGENDA-J. Cyr ADOPTION OF CONSENT CALENDAR-J. Cyr APPROVAL OF MINUTES • JULY 26,2006 ■ AUGUST 9,2006 WRITTEN COMMUNICATIONS BOARD BUSINESS 7:40* 1 Adopt Resolution to Amend the Personnel Policy and Procedures Manual Based on Changes Approved at the August 9, 2006 Board Meeting. Meeting 06-20 Page 2 7:45* 2 Authorize an Increase in the Contract Amount with Ram Building Co. for the Structural Repairs to the Former Hayes Residence at El Sereno Open Space Preserve from$91,035 to an Amount not to Exceed$99,000, and Determine Recommended Action is not a project under CEQA. 7:55* 3 Adopt Resolution Approving the Amendment to the Controller's Employment Agreement to Reflect a Salary Increase of 3 Points for an Adjusted Salary of$17,551.04 per Annum. 8:00* 4 Adopt Resolution Amending the General Counsel's Employment Agreement to Reflect a 3-point Cost of Living Salary Increase for an Adjusted Salary of$150,581.60 per Annum,and Approving a 5%Meritorious Pay Award of$7,310.06. 8:05* 5 Adopt Resolution Amending the General Manager's Employment Agreement to Reflect a 3-point Cost of Living Increase for an Adjusted Salary of$163,090.72 per Annum,Approving a 5% Meritorious Pay Award of$7,899.87,and Directing the Ad Hoe Board Appointee Evaluation Committee to Gather and Review Additional Benefits Provided to Appointed Executive Management Staff of Comparable Agencies to Insure the District Remains Competitive. 6 Adopt Resolution Supporting Proposition 84—the Clean Water,Parks and Coastal Protection Act. REVISED CLAIMS 8:20* 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. 8:35* ADJOURNMENT Times are estimated and items may appear earlier or later than listed.Agenda is subject to change of order. TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during Oral Communications. Each speaker will ordinarily be limited to three minutes. Alternately,you may comment to the Board by a written communication, which the Board appreciates. All items on the consent calendar may be approved without discussion by one motion. Board members, the General Manager, and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. In compliance with the Americans with Disabilities Act,if you need assistance to participate in this meeting,please contact the District Clerk at(650)691-1200. Notification 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to this meeting. Regional Open Space 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-06-114 Meeting 06-21 September 13, 2006 AGENDA ITEM I AGENDA ITEM Adoption of a Resolution to Amend the Personnel Policy and rocedure Manual p GENERAL MANAGER'S RECOMMENDATION J Adopt the attached resolution (Attachment end the Personnel Policy and Procedures Manual based upon the changes you made at your August 9, 2006 board meeting. DISCUSSION At your August 9, 2006 Board meeting you approved, by Resolution 06-29, certain salary and benefit changes es for the Office Supervisory and Management (OSM) employees of the District (See Report#R-06-19). Those benefit changes were outlined in Attachment C to the report for that meeting . You also directed staff to return to the Board with appropriate revisions to the District's Personnel Policies and Procedures Manual to implement recommendations, as needed. Attached (Attachment B) is an amended copy of the pertinent existing Personnel Policies and Procedures Manual pages with changes denoted by strikeout and bold text for new language. As noted in the August 9, 2006 board report, the benefit changes being incorporated into the personnel policies are designed to 1) keep the District competitive w' h com parable arable 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 amended rules 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. Finally, there are some language changes that add clarification to the department manager and Assistant General Manager"at " a global change from the old term "Program", to the current term, will" status and ,i g g g "Department". Future salary increases for the OSM employees will be determined on an annual basis by the Board prior to approval of the fiscal year budget. Prepared by: Sally Rice, Assistant General Manager Contact person: Sally Rice, Assistant General Manager RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AMENDMENTS TO THE DISTRICT'S PERSONNEL POLICIES AND PROCEDURES MANUAL WHEREAS, the District adopted a Personnel Policies and Procedures Manual in 1986, and; WHEREAS, the Board of Directors has amended the Personnel Policies and Procedures Manual periodically and; WHEREAS, on August 9, 2006 the Board directed staff to return to the Board with amendments to the Personnel Policies and Procedures Manual reflecting various changes in benefits approved by the Board on that date under Resolution No. 06-29 and; WHEREAS, staff has made such amendments to the Personnel Policies and Procedures Manual. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does hereby approve the attached amendments to the District's Personnel Policies and Procedures Manual. Midpeninsula Regional Open Space District Personnel Policies and Procedures Manual i Adopted by the Board of Directors July 22, 1986 Amended August 14, 1991 Amended July 28, 1993 Amended February 8, 1995 Amended December 11 , 1996 Amended April 1 , 1997 Amended April 1, 2000 Amended December 11 2002 i Amended June 10, 2004 t TABLE OF CONTENTS ARTICLE - GENERAL PROVISIONS.......................................................................................................................4 lSECTION l]. PURPOSE.................................................................................................................................................4 SECTION }.2. ADMINISTRATION OF THE POLICIES...............................................................................................................4 � SECTION l.3. ADOPTION AND AMENDMENT Op PERSONNEL POLICIES................................................................................4 � SECTIONl.4. SEPARABILITY..............................................................................................................................................4 � SECTION |.5. VARIANCES ...............................................................................................................................................* � � SECTION |.6. DEFINITIONS...............................................................................................................................................5 ARTICLE 2 - PERSONNEL POLICIES AND PROCEDURES......................................................................................... 9 SECTION2.l. APPOINTMENT .................. .......................................................................................................................p | SECTION 22. ORIENTATION.......................................................................................................................................... |O ^ SECTION 33. PROBATIONARY PERIOD........................................................................................................................... lO ll SeCncw3.4. YYommoAY---------------------------------------------_—. � SECTION 2.5. Anewo*wCE---------------------------------------------- lI SECTION 26 P�n5DwmBR[�OxD5 -----------------------------------------� l \ | � ' � | SECTION 2I CHANGE TOx DIFFERENT WORK UNIT...................................................................................................... l2 8eCnDw28. LAYOFF ---- l2 --------------------------------------------' � SECTION 29. VOLUNTARY TERMINATION..... ................................................................................................................. l2 SECTION2]O. EXIT INTERVIEW...................................................................................................................................... l2 SECTION2] l. EMPLOYEE RELATIONS ........................................................................................................................... l2 SECTION2]2. POLITICAL ACTIVITY............................................................................................................................... l3 SECTION2]3. NEPOTISM ............................................................................................................................................. l3 ARTICLE 3 - GENERAL CONDUCT DISCIPLINE, TERMINATION, AND APPEAL.................................................... � SECTION3.). DISCIPLINARY ACTION............................................................................................................................. l5 SECTION3.2. GRIEVANCE PROCEDURE......................................................................................................................... )7 ARTICLE4 - CLASSIFICATION PLAN..................................................................................................................... l9 SECTION 4.l. POSITION CLASSIFICATION PLAN............................................................................................................... l9 SECTION 4.2.TITLES AND SPECIFICATIONS....................................................................................................................... l9 SECTION 4.3. NEW BUDGETED POSITIONS AND FILLING VACANCIES................................................................................. l9 � SECTION4.4. RECLASSIFICATION ...................................................................................................................................2O ' SECTION 4.5. EFFECTS Ow INCUMBENTS OF POSITIONS BEING RECLASSIFIED......................................................................20 ARTICLES - COMPENSATION...............................................................................................................................21 � SECTION5]. COMPENSATION PLAN ............................................................................................................................2l SECTION 5.2. ANALYSIS Op COMPENSATION PLAN.........................................................................................................2l SECTION 5.3. APPOINTEE COMPENSATION....................................................................................................................2) � SECTION 5.4. PROMOTIONAL COMPENSATION..............................................................................................................2) � SECTION 5.5. ACTING APPOINTMENT............... ............................................................................................................22 SECTION 5.6. OVERTIME AND COMPENSATORY TIME (NOw-Exowpr EMPLOYEES) ............................................................22 SECTION 5.7.SHIFT DIFFERENTIALS/ CALL BACK PAY......................................................................................................uu � SECTION 5^�xn,�ow|w0Tx�TOw ---------------------.23 � . . ------------------- ScCn0w5.9. Uw|FOmmCOwpEw5xTOwn]nHsLDSupERvBOaYSTxF -------------------------24 � SECTION 5]O LONGEVITY PAY PROGRAM......................................................................................................................25 � SECTION5.l ) SEVERANCE PAY................... ..................................................................................................................25 � 5�CTK�w5l2k4EenpxY ---------------------------'25 � � -------------------' � ART��0G � - $��P�8 ---.~.—.--.--_.~..---.--...~..~--~---.~....---'~-27 � � . .--....—.--' � � SECTION 6] BENEFIT PLANS..........................................................................................................................................27 � ,V Medical Insurance.................................................................................................................................... 3V B. Cafeteria Plan...................................................................................................................................... 2y C. Dental Insurance...................................................................................................................................... 30 2 / � . l D. Vision Care.......................................................................................................................................... 30 E Basic 1ifeInsurance and Accidental Death and Dismemberment(4D8D).................................................... 30 iF Optional 8xvefi*...................................................................................................................................... 3O ! G. Po,+7imu Employees-----------------------------------------. 30 H. State Disability Insurance(SDV)............................................................................................................. J7 I. Employee Assistance Program (£A/)......................................................................................................... 3/ J Long-Term Disability Plan (L72).............................................................................................................. J/ /[ Retirement............................................................................................................................................... 3/ L Dependent Care and Medical Expense Reimbursement................................................................................ 3/ M. Retiree Medical Coverage..................................................................................................................... 3/ SECTION 62 HOLIDAYS, PERSONAL LEAVE, AND ADMINISTRATIVE LEAVE ........................................................................3l SECTION 6.] Vx�^nOw 35 � ----------------------------------------------- � SECTION6.4. SICK LEAVE.............................................................................................................................................35 SECTION 6.5. LEAVES 0p ABSENCE WITHOUT PAY..........................................................................................................37 � SECTION 6.6. LEAVE Op ABSENCE WITH PAY..................................................................................................................39 � SECTION 6I WORKER DISABILITY COVERAGE ..............................................................................................................4U � SECTION 6.8. EDUCATIONAL OPPORTUNITIES.................................................................................................................4O SECTION 69. WORKER'S COMPENSATION INSURANCE............................................................ .......................................4U ARTICLE7. GENERAL PROVISIONS......................................................................................................................41 ! SECTION 7]. NONDISCRIMINATION AND SEXUAL HARASSMENT.......................................................................................4| 43 SECTION 7� (�Owax�TCF|wTERBJ------------------------------------_----. � SECTION 7.3. OFF-DUTY EMPLOYMENT.........................................................................................................................43 SECTION7.4. TRAVEL EXPENSES....................................................................................................................................44 SECTION7.5. TRAINING ...............................................................................................................................................44 � / SECTION 76. CONFERENCE/CONVENTION ATTENDANCE..............................................................................................45 � SECTION 7I REIMBURSEMENT FOR PROFESSIONAL DUES AND k48wosnSn|PS—................................................................45 SECTION 7]l TIME OFF TO VOTE-------------------------------------------'45 � APPEND|XA - CATASTROpH|CLEAVE PROGRAM..............................................................................................46 |� � 3 | � | Midpeninsula Regional Open Space DisTrict PERSONNEL POLICIES & PROCEDURES ARTICLE 1 - GENERAL PROVISIONS The purpose of these personnel policies and procedures is to insure equal treatment for those individuals who compete for employment and promotion and to define the obligations, rights, privileges, benefits, and prohibitions which are placed upon all employees inthe service of the Midp*ninsu|o Regional Open Space District. These personnel policies are provided tomaintain uniformity and equity in personnel matters in order|ofacilitate efficient and economical services to the public. |t shall be expected that each new employee nf the District will read the Personnel Policies and � Procedures Manual in order to become familiar with the policies before the completion of the � employee's probationary period. SECTION 1,2. ADMINISTRATION OF THE POLICIES � The General Manager shall be responsible for� � � . � (o) Administering or delegating the administration of all the provisions of the personnel policies and procedures; and (b) Preparing or causing to be prepared amendments to such policies and procedures. � � SECTION 1.3. ADOPTION AND AMENDMENT OF PERSONNEL POLICIES � The original Personnel Policies and Procedures Manual shall be adopted by the Board of Directors upon recommendation of the General Manager and shall supersede any personnel policies adopted by the Board of Directors phcx to the dote of adoption of this manual. Substantive amendments to salary or benefit related personnel policies must be adopted by the Board of � Directors. � Daily administration and administrative amendments to these personnel rules shall be processed by the General Manager or the General Manager's designated representative. These personnel policies shall be presented, adopted, and amended ino spirit cf good faith, and the proposed policies shall besubject to review and comment by District employees prior toBoard adoption. The General Manager may consult with District employees from time to time when changes or modifications that may effect employees'wages,hours, benefits,or working conditions are made for administrative purposes. � Nothing in these personnel policies and procedures shall limit the ability of the General Manager to � promulgate administrative policies and procedures for separate work groups. However, such � administrative policies and procedures shall not be in conflict with these personnel policies and procedures and should this conflict occur, the personnel policies and procedures shall take � precedence. � � SECTION 1'4. SEPARABILITY � If any section, subsection, sentence, clause, or phrase of these policies is for any reason held to be invalid, such a decision shall not affect the validity of the remaining portions of these policies. SECTION 1.5, VARIANCES 4 � MidpeninsuUa Regional Open Space Disirict � PERSONNEL POLICIES & PROCEDURES The General Manager shall have the power to vary orto modify the strict application of the provisions of these personnel policies and procedures in any case in which the strict application of said provisions would result in practical difficulties or unnecessary hardships for either the District or the employee or both. Any such variance or modification application shall not indirectly become a provision of these personnel policies and procedures. � SECTION 1'6. DEFINITIONS The following definitions shall apply to terms used in these personnel policies,as well as in day-to-day personnel matters. Anniversary Date- For merit increases and other performance review purposes,the date when an | employee, hired ot the beginning step of his or her salary range,completes the probationary period | / (normally six months from his or her date of hire) or for an employee hired above the beginning step of the salary range normally one year from his or her date ofhire. Promoted employees may be � assigned o new anniversary date for review purposos. For the purpose of vacation accrual and other benefits, the date a person is first hired as a regular District employee. � Appeal'-An employee's request too higher level supembcxupho the level cfGenenz|Manager�x � reconsidenmtionofa decision felt adverse to the employee's best interest. Apoointinci Authority-theGenero| Monmger' tovvhomouthodtyisvestedbytheBoonJofDinacton to make appointments to fill vacant positions, and through whom authority may be delegated, where appropriate or expedient, to anmgeo or other designated staff | members. Central Personnel File-A file,which contains complete,individual official personnel record files of all District employees. Ckass'A group of positions sufficiently alike in duties, responsibilities,and authority to require similar � employment qualifications. Class Soecification� -A written description for each class of positions including class title,definition of � � position, typical tasks performed, and employment standards for the position. Positions not individuals, are classified. Continuous Service - Uninterrupted employment with the District. Reasonable absences due to � military leave cx other leaves of absence approved by the General Manager do not constitute o � break in an employee's continuous employment with the District. � { emotion - For disciplinary reasons, the reduction of an employee's current compensation 0ha o, � � the transfer ofon employee from o position in one class to a position in another class in order to � reduce his or her compensation rate. � Discharge - An action by the District involving the termination of an employee from District � employment. Disciplinary Action-The imposition of certain personnel actions on an employee oso result ufany action which reflects discredit to the District or is a direct hindrance to the effective performance of � � District functions. Disciplinary action may consist of counseling,oral or written warnings,reprimand, suspension, demotion, or discharge. � � EmplIyte - Any person,whose appointment is approved by the General Manager,who receives wages for employment with the District. 5 Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES Exempt Status Employees-Regular employees whose position falls under the classification of either executive,administrative or professional and who,by the nature and responsibilities of their positions, are not eligible for overtime pay or compensatory time for hours worked in excess of forty hours per week. Field Staff - The section of the Open Space Management Program composed of those District employees whose job responsibilities and duties relate to daily activities performed in relation to the employee's specific position in the field. Fiscal Year-Twelve month period beginning April I and ending March 31. Grievance-An employee's oral or written expression of dissatisfaction concerning some aspect of the employee's District employment, a management decision affecting the employee, or an alleged violation of the employee's rights expressed for the purpose of attempting to gain an adjustment of said cause of dissatisfaction. Hourly Rate-The rate of compensation for each regular hour of work performed as normally set by the Board of Directors. Immediate Family - An employee's husband, wife, son, daughter, father, mother, brother, sister, grandmother,grandfather,father-in-law, mother-in-law, and any relative of the employee living in the employee's household. Layoff-A separation from District employment due to organizational changes,lack of work,lack of funds, or other reasons that are not intended to reflect discredit upon the employee. Leave of Absence - Time off from work, as approved by the General Manager, for purposes specified in these personnel policies. Month - One calendar month. Monthly Rate - The rate of compensation for each month of work performed determined for a regular full-time employee by multiplying the employee's hourly rate by 2080 hours per year and dividing by twelve months per year. Non-exempt Status Employees- Regular employees whose positions fall under the classification of general staff and who are, by the nature and responsibilities of their positions, eligible for overtime pay. Non-occupational.Disability-A disability from an accident or sickness suffered or contracted which cannot be attributed to the performance of assigned duties. Occupational Disability-A disability from an accident or sickness suffered or contracted as a result of the performance of assigned duties. Office Staff- Employees who work in the District's main office on a full-time or part-time basis. Overtime-Time worked in excess of forty hours per workweek and paid to eligible employees at the rate of one and one-half times an employee's regular hourly rate. Pay Period - A two-week period. Personnel Action - Any action relating to the appointment, compensation, promotion, transfer, 6 Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES layoff, dismissal, or other action affecting the status of an employee's District employment and which is processed by a personnel action form provided by the personnel office. Personnel Action Notice - The official personnel record form which contains information on any personnel transaction affecting an employee's employment,status,pay and/or benefits. All forms to become effective must be approved by the employee's immediate supervisor, the supervisor's supervisor,the Administration and Human Resources Manager,and as appropriate,by the N<4wom Qftpgrtrnent_Manager and/or the General Manager. Personnel Record File - An employee's official District employment record. Probationary Period-A working test period,during which a new employee or an employee in a new position is required to demonstrate, through actual performance of the duties of the position to which the employee has been appointed,the skills,ability, knowledge and fitness to fill the position on a regular basis. pf-oqfoniDepari M LrIIL Manager- An exempt staff member responsible for the administration of a major program or programs, including the Assistant General Manager. Promotion -The advancement of an employee from one classification to a higher classification. Regular Employee - Any person, whose non-temporary full-time or part-time appointment is approved by the General Manager, who receives wages and benefits for employment with the District and is filling an approved, non-temporary budgeted position. Reclassification- A change in the classification of a position created by raising it to a higher class, reducing it to a lower class, or changing it to another class at the same pay level. Retitle - The change of a job title only and not the essential duties or qualifications or the salary range for a classification. Reduction - The transfer of an employee from the employee's present position to one of a lower classification and/or pay scale which is considered a voluntary action of the employee for non- disciplinary purposes. Section - A functional working unit within a major District program area. Suspension - The temporary removal of an employee from District employment without pay for disciplinary purpose. Temporary Assignment-An assignment for a specific period of time normally determined by budget. Temporary Employee - A person employed by the District for a specific temporary assignment normally restricted by budget and normally less than 1040 hours per year. Transfer - The change of an employee from one position to another position in the same or comparable class,with similar qualifications and duties,within the District's organizational structure. Workday - A regularly scheduled eight hour period during which time full-time employees will conduct their District work. Workweek-The normal regularly scheduled workweek for office employees is Monday through Friday and is normally comprised of forty hours of work. The normal workweek for members of the field staff is as assigned by the Operations Manager and is normally comprised of forty hours 7 Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES of work. Assigned days off for field staff shall normally be consecutive i i I I 1 i 8 Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES ARTICLE 2 - PERSONNEL POLICIES AND PROCEDURES SECTION 2.1. APPOINTMENT (a) The General Manager shall be the appointing authority for all District employees,except for the positions of General Manager, General Counsel, and Controller,for which the Board of Directors is the appointing authority. h Ari , Seetior-4- 549 a# #hh � I so c cede-D+s# i t�+aa s Ge eer l Mc�r�e�e�-"sla�ll-k�sl�t-er: l�ym�r�#--a#--#Y-ae-Measure-c�#-�kae-�,r�r=i�r�1-Ma�a�.�ger=' (b) All original appointments to Board-approved budgeted positions shall be made solely on the basis of merit,qualifications,and fitness. These qualities shall be determined through careful and impartial evaluation of the following: (1) The applicant's level of training and/or experience relative to the requirements of the position sought; (2) The applicant's level of education relative to the requirements of the position sought; and (3) The results of oral interview(s) and/or written examination(s), and/or a variety of appropriate other selection methods and materials as deemed necessary by the District. i (c) The District is an Equal Opportunity employer. The District's recruitment program will be designed to appeal to the broadest segments of the population,and the selection process for employment in no way shall be affected or influenced by race,religion,creed, political affiliation,color,national origin,ancestry,sex,sexual orientation,age,marital status,medical condition,or physical or mental disability. The District will make reasonable accommodation wherever necessary for all applicants with disabilities to insure equal opportunity in the application process, provided that any accommodations made do not require undue hardship or expense. n n applicant's application form or resume shall be subject to (d) All statements included o a pp pp J investigation and verification prior to finalization of the pending appointment. (e) No District employee shall be discriminated against because of race, religion, creed, political affiliation,color, national origin,ancestry,sex,sexual orientation,age,marital status, r physical or mental disability. An disability acquired while employed condition o Y q medicalY Y p Y will be evaluated immediate) in view of the employee's ability to perform his at the DistrictY ' view of other District m ie o or her assigned duties. Such disability will also be evaluated y 9 unfilled budgeted positions for which the employee is qualified to perform the assigned duties. (f) The District will make reasonable accommodation wherever necessary to enable all employees with disabilities to perform the essential functions of the Job and enjoy the same benefits and privileges of employment as are enjoyed by employees without disabilities, provided that the employee is otherwise qualified to safely perform the essential job duties of the position and provided that any accommodations made do not require undue hardship or expense. 9 Midpeninsula Regional Open Space DISTrict PERSONNEL POLICIES & PROCEDURES (g) District employees are encouraged to apply for any vacant positions for which they feel they are qualified. Such applications will be considered without prejudice to the employee's present position, and regular District staff applicants qualified for a vacant position will be given due consideration in the filling of the position. Such consideration may include, but not be limited to, the use of a selection program for District employees only. If a given temporary staff position is reclassified to a regular staff position,and the position is currently filled by a temporary employee,the temporary incumbent in the position shall be considered for the position at the same time as regular staff applicants. An open selection process or a restricted in-house process can be considered. SECTION 2.2. ORIENTATION All new employees shall be provided with a copy of the Personnel Policies and Procedures Manual, District Safety Manual, and other information about the structure, employees, salary and benefit administration,and other activities of the District as may be deemed appropriate. Employees shall be required to sign a statement which stipulates they have received and will take it upon themselves to read all pertinent materials. SECTION 2.3. PROBATIONARY PERIOD (a) All appointees-, to regular District positions (except Department Managers and the Assistant General manager) shall fulfill a standard probationary period of at least six consecutive months of service. All appointees foas the n # ge ae a a officers shall fulfill a standard probationary period of at least 12 months of service. Whenever a longer probationary period is necessary in order evaluate and demonstrate an employee's qualifications, the probationary period may be extended; however, no probationary period shall be extended more than three months beyond the original probationary period. Employees shall be notified in writing of any extended probationary period and the reason for the extension. Reasons for an extension may include,but are not limited to, the absence of the probationary employee from work. (b) A probationary employee can be terminated at any time during his or her probationary period without cause and without the right of appeal or grievance. (d) In the case of promotional appointment,a promoted employee may,at any time during the probationary period, be reduced in classification or terminated and reinstated in the class designation from which he or she was promoted. Prior to reducing a promoted employee in classification and reinstating him or her in the class designation from which he or she was promoted,the employee will be re-evaluated to determine whether he or she is still qualified to fill the class designation from which promoted. If the employee is qualified to fill the position and if the reinstatement necessitates the layoff of another District employee currently filling the position, the choice of which employee will be laid off will be based on an evaluation of the respective employees' merit, qualifications, and fitness to fill the position. When these evaluation criteria are equal for the respective employees, class seniority,which is defined as the length of continuous paid employment in the District class, shall take precedence. (e) A newly hired probationary employee will have no class seniority status prior to completion of his or her probationary period. 10 Midpeninsula Regional Open Space DISTrict PERSONNEL POLICIES & PROCEDURES SECTION 2.4. WORKDAY (a) The official District office hours, at which time all public records of the District shall be open to public inspection, will be set by the Board of Directors in the Rules of Procedure. The regularly scheduled eight hour workday for full-time employees at the main office shall be � se/ by x"the `,erecx Manager cxu^sham"x.^/de "the office hours of ,^'""',`. ."^""P.M. The � regularly scheduled eight hour workday for field staff employees xho|| be set on o egukx| basis by the Operations Manager. Notification of these hours shall be distributed at least annually to employees. Any proposed changes in the established regularly scheduled eight � hour workday shall be distributed to employees in advance for review and comment before � the schedule is finalized. An employee's one-half hour to one hour personal meal break is not part of the eight hours comprising the workday (unless itismn official business rneo|). Employees are entitled to take o short rest period ofupto ten minutes within each half day worked. Such nest periods shall be identified with the scheduled work hour and should be taken at a time and ino manner that does not interfere with the efficiency of an employee's section. � � Specific workday schedules are to be approved by an employee's supervisor. (b) L)ffice-Swf_4erv4�Gxssgpe��so��nd o#ices�of� moyb� �|igib|atopudicip�teino nin� �oy' | eighty hour alternative work schedule (also program) in accordance with administrative guidelines for the program. �jp Lyisors will be in accordance with the SECTION 2.5. ATTENDANCE (a) Employees shall be in attendance at their regular places of work in accordance with the rules regarding hours of work,holidays,vacation,and leaves of absence. Specific rules shall be implemented as necessary by the General Manager or by specific Section orF4oqrsnm Managers designated by the General Manager. | (b) Employees shall not absent themselves from their work duties for any reoson, other than those specified in these rules authorizing sick leave,without making prior arrangements with their Section Or��gfGrn kxonmge/or the General Manager. Unless such phVr | arrangements are nnude' on employee, who for any reason fails to report to work. is � expected to make o genuine effort to take all reasonable steps to notify immediately the or the General | � F�s�;u�n- `� / Manager of the reason for the absence. (c) Any employee's unauthorized absence from the employee's work duties may be deemed to be an absence without pay and may be cause for disciplinary action,including termination. � SECTION 2. . �� MNELRE��NDS � � (o) Asemice or personnel record shall be maintained for each District employee. | / (b) The personnel record file shall include the employee's narne, title ofposition(s) held, the pnogmzm/s\ ho which assigned,salary,change in employment status,training received,and other information considered pertinent to the employee's employment record. The � personnel record 0* shall be considered the employee's official employment record. (c) /\ Personnel Action Notice shall be the official document used to update On employee's personnel record file. ll Midpeninsula Regional Open Space Disirict PERSONNEL POLICIES & PROCEDURES (d) An employee's personnel record file shall be considered confidential and,subject to State law, shall be accessible only to the following: (1) The employee and/or a designated and authorized representative of the employee. � (2) Administrative staff authorized by the General Manager and designated supervisory staff ofthe employee. (3) Upon subpoena from o court of competent jurisdiction. | (e) The Administration and Human Resources Manager shall beresponsible for maintaining the � integrity ofthe personnel record files and the central personnel file. / SECTION 2.7. CHANGE TO A DIFFERENT WORK UNIT | An employee may request o change from one position to another position ino different District work ! unit or class. Such transfer request shall be made in writing to the employee's current Section and/or P^ajf`m/*D artLDent Manager who shall refer the request with o recommendation to the General | Manager or designee. Transfer requests shall be considered when a suitable vacancy occurs; however, no employee shall be transferred to a position for which he or she does not possess the rninirnurn qualifications, SECTION2.8. LAYOFF (o) Layoffs resulting from lack of work,lack of funds,or organizational changes may be made by the General Manager on the basis of comprehensive evaluation of employees' qualifications and performance in a given position, When these factors are relatively equal, due consideration shall be given toon employee's seniority. (b) The General Manager shall make every reasonable effort to retain regular District employees through transfers. (c) All regular employees shall be given m minimum of two weeks written notice of their layoff from District employment. ~ � SECTION 2,9, VOLUNTARY TERMINATION Any employee voluntarily terminating District employment shall give a minimum of two weeks written notice prior to the employee's (oxt oofuo| wmdc day. An employee may be granted on earlier voluntary termination date with the approval of his or her supervisor. SECTON2.10, EXITUNTERVIEW The Administration and Human Resources Manager ohoU hold on exit interview with each terminating employee. The interview shall include apprising the employee of benefits due and how to ononQo to receive them, documenting reasons for the tenninoUon, and on employee's � evaluation of his or her position. The exit interview form shall be retained in the employee's � personnel record file. � | SECTON2.l1, EMPLOYEE RELATIONS Following the intent of the State nf California Public Labor Law,the General Manager shall provide a � process for employees toreview and provide input on matters affecting the employees' wages, hours, benefits, and working conditions. 12 Midpeninsula Regional Open Space Disirict PERSONNEL POLICIES & PROCEDURES SECTION 2.12. POLITICAL ACTIVITY Nothing contained in these rules shall affect the right of the employee to hold membership in and/or support a political party, to vote as he or she chooses, to express privately his or her opinions on all political subjects and candidates or to maintain political neutrality,or to attend political meetings. An employee must exercise due discretion in all such activities in order to prevent public misunderstanding that such actions may represent the District or to bring discredit to the District,the Board of Directors, General Manager, or the employee's supervisors. SECTION 2.13. NEPOTISM (a) In accordance with Government Code 12940 and regulations issued by the Fair Employment and Housing Commission,the District will not refuse to employ a person or deny employment benefits to a person solely based upon the person's marital status. Employee selection and conditions of employment shall not be based upon whether an individual has a spouse presently employed by the District, except: (1) For reasons of supervision,safety,security or morale,the District may refuse to place one spouse under the direct supervision or under the supervisorial chain of command of the other spouse; (2) For reasons of supervision, security or morale, the District may refuse to place both spouses in the some Pro gr<jrn-Depgrtn1-,nf if the work involves potential conflicts of interest, or other hazards greater for married couples than for other persons; (3) If co-employees marry, the District shall make reasonable efforts to accommodate them. This accommodation may include any of the following: a. Assigning job duties or field work stations so as to minimize problems of conflict of interest, supervision, safety, security or morale; b. Transfer of one employee to a position removed from the other spouse's Pw-)groin Q�_rjctri ni.entor field work station or transfer of either the supervising or supervised employee from the supervision or chain of command of his or her spouse, and c. Delegation of any and all supervisory powers and duties of the supervisorial spouse to another District supervisor so that the employee spouse will no longer be under the supervision or chain of command of his or her spouse. This will include any power the supervisorial spouse may have to evaluate, discipline, hear grievances,employ or discharge his or her spouse. This power of delegation shall extend to all supervisors and Pfoorom-Q artmLent Managers,including the General Manager. (b) This policy shall be equally applicable to immediate family members or domestic partners of District employees. The term"immediate family"is defined as husband,wife,son,daughter, father,mother,brother,sister,grandfather,grandmother,father-in-law,mother-in-law,aunt, uncle, stepchild, and any relative of the employee living in the employee's household. "Domestic partner"shall have the some definition as that set out in the District's Sick Leave Usage Policies. (c) Any District employment of members of the immediate family of a District employee or official shall be based solely upon District employment policies and procedures. No District employee or official shall attempt to intervene in or influence a District decision whether or 13 Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES not to employ his or her relative or concerning any terms and conditions of such employment. i 14 Midpeninsula Regional Open Space Disovict PERSONNEL POLICIES & PROCEDURES � ARTICLE 3 - GENERAL CONDUCT, DISCIPLINE, TERMINATION, AND APPEAL � � SECTC>N3.1. Disci PUNARY ACTION With respect h/ disciplinary action, the following applies toemployees appointed by the General � | ^^o / (o) Disciplinary action can range from oral or written reprimands to suspension, demotion and/or dismissal from employment. The degree of disciplinary action depends on the / severity o{the offense,ao well ao the number and frequency{f previousootxofmbconduot. � (b) It shall be the duty of all Oidhc| employees to comply with and assist in effecting compliance of the provisions of the District's personnel policies. Except as_-,Qtherwise employee shall be disciplined except for violation of | established policies and procedures, and such disciplinary action shall be in accordance withpnooedu/es established herein. (c) Any of the following actions may constitute grounds for disciplinary action: (l) Abandonment of position; (2) Absence from duty without approval; (3) Abuse uf leave privileges; � (4) Below-standard work performance; (5) Discourteous orabusive treatment of the public, o supervisor or other employees; (6) Drunkenness or use of narcotics or habit-forming drugs or being under their influence during working hours; (7) Fraud or misrepresentation in securing appointment orpromotion; (8) Insubordination, (9) Misuse of District property, funds, or records; (lO) Neglect of duty, | (1 l) VV|Uh/| deceit � (12) Failure to adhere toor comply with approved operational or safety guidelines; � (13) Failure ho keep required work hours; (14) Other acts which, in the determination of the General Manager, are incompatible with the best interests of the District or which, in the determination of the General Manager, reflect discredit nnthe District; and (15) Any conviction by o court which, in the determination of the General kAanmgm[ would be incompatible with the work performed for the District by the affected employee. | / (d) Any of the following types of disciplinary action may be used: � ()) Counseling: Disciplinary counseling is any discussion with an employee designed to help the employee remedy identified problem(s) in skills, abilities, or work performance. Whenever possible,counseling should be used prior to taking a more � formal action and shall be used as follow-up after more formal action. � � |2) : An on]| warning is a verbal notice advising on employee that the | � ' ' employee's behavior or performance must be improved. It defines areas where improvement is needed,sets goals,and informs the employee that failure to improve may result in more serious action. The employee's supervisor, � � |5 ------ Midpeninsula RegionalOpen Space Disntict PERSONNEL POLICIES & PROCEDURES Superintendent or onogershuu|d record the date and | � content of the oral warning, but no record need be placed in the employee's ' personnel record. � (3) A written warning is formal written notice toonemployee that the � employee's performance cv behavior must beimproved. |f contains the same elements as the oral warning. When appropriate, thewxttenvvnnlingmhuu|db* used in conjunction with o Plan for Individual Improvement proposed by the employee's supervisor and approved bythe Pma�(--4n1 Manager, osopprophofe. � � A copy of the written warning and Plan for Individual Improvement will be placed in the employee's personnel record. A letter may be placed in the employee's / personnel file stating that corrective action followed. (4> A reprimand shall be given by the General Manager upon � ` ' -------recommendation,where oppmphate.byo Manager. |tisan | official written notice to the employee that the employee's performance or behavior is seriously below standard and that continuation of such performance or behavior will subject the employee to more serious disciplinary action, including possible � � discharge. A reprimand shall not be issued until the employee has been informed of the charges involved and has had an opportunity to reply, orally or in writing, to them. The reprimand mndfhe employee's response, if any, become apomnanent � part of the employee's personnel file. � (5) Suspension: A suspension is the temporary removal of an employee from the � employee's duties without pay. Suspension without pay should be used when all � other positive means have been tried without success and the Area Superintenden � ��-# �� ond/orPx no�w� Manager, where appropriate, has reason to � believe that the suspension will bring about the improvement needed in the � employee's performance orbehavior. Suspensions can only be made bythe General Manager and for no longer than thirty calendar days. (6) Demotion: A demotion may be issued for a period not to exceed six months. At the end of the demotion period, the employee will be reinstated to his or her original � level ordischarged. � (7) Discharge: /\discharge is the termination of the employee from the employment of requirethe District. Discharge shall not dnotice d may be effected (e) The to reprimand, d demote, discharge o granted solely /u the General Manager. The General Manager shall personally inform the employee in writing of the charges involved. � (f) The provisions f this t directory only,and any failure to perform any procedures o � act recommendedkere| shall notnormnneoosouxony/ego/oc/us/uyuxu/ xu,u*xx~/ x^ officers, agents, or employees. /g\ Any employeeh Me ted by a disciplinary action may initiate u grievance under xthe provisions of Section 3.2 of these policies except department mana ers and the Assistant General Manager-all of whorn serve "at will" and may be terminated from District gn2ployrnenf at any time without cause and without 16 �� Midpenin$uUa Regional Open Space Disirict PERSONNEL POLICIES & PROCEDURES SECTION 3,2. GRIEVANCE PROCEDURE /a\ The {}enenz| Manager,after appropriate actions described be|mw,shall promptly consider employee grievances relating to employment conditions and take appropriate action as required. However' informal resolution of all grievances between the employee or employees and immediate supervisor(s) is encouraged. (b) The following steps shall be followed in submitting and processing a grievance which has not been informally resolved: (1) SteC) [. If the aggrieved employee or group of employees is not satisfied with their � immediate supervisor's reply to their oral grievance, they d1mU present their oral grievance to each supervisory level in their work unit including the Prog«GnI Monugerif necessary. At each step up to and including the Pn�yev� Manager, replies shall be given the aggheved*mp|oyee/s> within five � working days of the grievance's presentation date. | (2) Step 2. If the oral grievance is not settled in Step l, it shall be put inwriting, doted' and signed by the aggrieved employee or group of employees and presented to � | the Administration and Human Resources Manogevwithinfive working days after the P^oqra- in- Manager's oral reply was given' not including the day on � which the answer was given. The Administration and Human Resources k4mnogor shall reply in writing to the grievance within five working days of the dote of the � presentation of the written grievances, not including the day of its presentation. The � Administration and Human Resources Manager shall consult with intermediate supervisors as necessary during the grievance procedure. � (3) SterI 3. If the written grievance is not settled in Step 2,it shall be put in writing,dated and signed by the aggrieved employee or group nf employees and presented to the General Manager within five working days after the Administration and Human Resources Manager's written reply was issued, not including the day on which the answer was given. The General Manager shall reply in writing to the grievance within five working days of the dote of presentation of the written ghevonoe, not including the day it was presented. The General Manager may conduct whatever research and/or formal hearings necessary before rendering o decision. If such a hearing is called,it shall be conducted formally with a recording or written summary of the proceeding. There should ordinarily be no more than twenty work days used in order to process the hearing and render vvhMen finding. (c) The decision of the General Manager shall be 5no| and binding on the employee or the group of employees. � (d) Any grievance not taken to the next step within five working days after receipt of a decision � from the staff member involved in the previous step shall constitute on action of occeptance, and the grievance shall be considered settled. � � (e) If the appropriate course of action fails to meet or resolve any grievance within the described time limits for such ochon, such grievance shall automatically advance to the next step. � � (f) The time limits prescribed in this r for the n ranon and completion of the steps of the grievance procedure may be extended by mutual consent of the parties involve. Likewise, 17 Midpeninsula Regional Open Space DISTrict PERSONNEL POLICIES & PROCEDURES any step in the grievance procedure may be eliminated by mutual consent. Mutual consent shall be indicated in writing, and shall be signed by all parties involved. (g) The initiation of a grievance in good faith by an employee shall not cast any reflection upon the employee's standing with his or her superiors, nor upon the employee's loyalty to the District. 18 Midpeninsula Regional Open Space Diswct PERSONNEL POLICIES & PROCEDURES ARTICLE 4 - CLASSIFICATION PLAN SECTION 4.1. POSITION CLASSIFICATION PLAN (a) A Position Classification Plan shall be adopted and may be amended by the Board of Directors. � � (b) The Position Classification Plan shall include all regular District staff positions os defined by � class specifications and identified by the class titles. The Plan shall be developed and � � maintained so that all positions substantially similar with respect to duties,responsibilities,and � authority are included within the same class,and that the same schedules of compensation may bomade to apply with equity under like working conditions to all positions in the same class. (o) The General Manager shall be responsible for keeping the Position Classification Plan current through pehodic studies of the positions within the organizational structure ofthe District, SECTION 4,2. TITLES AND SPECIFICATIONS (o) The Position Classification Plan shall include titles for the various classes or positions. Job titles shall refer tou particular position, not to the individual filling the position,and shall be used in all personnel, budget, and financial records. (b) Each position shall be allocated to an appropriate class on the basis nf the duties and responsibilities ofthe position. /o> The Position Classification Plan shall be supplemented by Class Specifications containing the title, definition, examples of typical tusks, education and/or training required for each � � position. Class Specifications for all regular District staff positions shall be approved by the General Manager. � � SECTION 4.3. NEw BUDGETED POSITIONS AND FILLING VACANCIES (o) New regular positions must be approved by the Board of Directors upon recommendation of | the General Manager. | (b) Managers shall recommend the creation ofo new position tothe | General Manager,outlining in detail the reasons for the new position. The General Manager shall review all relevant information to determine whether a recommendation should be made tothe Board of Directors to create the position. (c) Upon approval of the Board of Directors, the position shall be created and the Administration and Human Resources Manager shall assign the position to the Position � Classification Plan according to an existing classification or shall create a new classification, | � | � � (d) Vacant budgeted positions are filled at the discretion of the General Manager. � (e) Temporary assignments must be approved by the General Manager and are for aspecific � period of time normally determined bybudget. � 19 Midpeninsula Regional Open Space Dibiiict PERSONNEL POLICIES & PROCEDURES SECTION 4.4. RECLASSIFICATION (a) Positions may be reclassified by the General Manager whenever the duties of the position are changed through additions, deletions, or modifications, provided the reclassification can be accomplished within the limitations of the current fiscal year budget. Reclassifications requiring budgetary changes must be approved by the Board of Directors. (b) Proof ra-Qe pgL lDi_�it Managers shall recommend position reclassifications to the General , _ Manager, outlining in detail, on appropriate forms, the reasons for the reclassification. The General Manager shall review all relevant information to determine whether the position should be reclassified. (c) Upon approval of the General Manager,and the Board of Directors if necessary,the position shall be reclassified,and the Administration and Human Resources Manager shall assign the position to the Position Classification Plan according to an existing classification or shall create a new classification, (d) The reclassification of a position shall not be used as a substitute for disciplinary action or to avoid restrictions concerning compensation. (e) The refitling of a classification involves the changing of a job title, but not the duties or qualifications or the salary range assigned the classification. SECTION 4.5. EFFECTS ON INCUMBENTS OF POSITIONS BEING RECLASSIFIED If a filled regular position is reclassified,the incumbent shall be promoted,reassigned,or transferred to the new class in accordance with regular recruitment and selection procedures,except as indicated below. (a) The General Manager may grant reclassification status to a qualified incumbent, directly upon reclassification,if the position is being reclassified upward and all the following criteria are met: (1) the incumbent has occupied the position for at least the aggregate of one year on a full-time basis; (2) the duties of the position have gradually evolved without any purpose on the part of anyone to evade personnel rules; (3) the reallocation is between classes within the same occupational group with no more than fifteen points between the salary range of the former and new class;and (4) the incumbent has the exact or comparable qualifications necessary to perform the work assigned to the position. (b) The General Manager may grant reclassification status to a qualified incumbent, directly upon reclassification, if the position is being reclassified downward. 20 Midpeninsula Regional Open Space Dimo"oct PERSONNEL POLICIES & PROCEDURES ARTICLE 5 _ COMPENSATION � � SECTKON5'1. COMPENSATION PLAN � (a) The General Manager or the General Manager's designee shall prepare a Compensation Plan which shall prescribe o minimum and maximum rate of pay appropriate for each District job classification. This Compensation Plan shall be approved by the Board of � Directors. � � ! (b) The salary range for each District class shall equitably reflect the difference in duties and � � responsibilities and shall generally be related |n salary to comparable positions |nother places of employment within o related and relevant job market. SECTION 5'2. ANALYSIS OF COMPENSATION PLAN � The General Manager shall review the compensation received by District employees at leastonce annually. Such review shall cover, but not necessarily belimited to, such items ay changes inthe Consumer Price Index and salaries and benefits received by employees in the related labor market. The General Manager will report the findings of this review ot least once annually to the Board nf � � Directors with recommended actions osappropriate. � � | � SECTION 5'3' APPOINTEE COMPENSATION � (o) Upon initial appointment to a regular District position,the appointee shall ordinarily receive � the minimum salary for the class to which the position isallocated. (b) When the appointee is exceptionallyquoUfied for position, the General Manager may make the appointment uta salary level above the minimum. SECTION 5'4, PROMOTIONAL COMPENSATION An employee promoted fno class having a higher salary range shall beappointed at the beginning of the salary range of the new class or receive an adjustment equivalent to five points above the employee's present salary (limited by the top of the new salary nonge), whichever is greater. In addition,the employee will receive an adjusted merit increase (limited to the top of the new salary � range) based on the number of months worked since the last annual evaluation in accordance with � the following schedule: � Months* Worked Since Merit � � Last Annual Evaluation Increase lnnonth Ol) pointo 2rnonths 0.5pointu 3 months 1.0 points 4 months l] points Jrnmnths 2.0poinb 6 months 2.5 points 7rnnnths 3.0points 8rnonths 3.5pointa � 9 months 4.0pcdnb 10 months 4.5 points l l+ months 5.0 points � 21 � Midpeninsula Regional Open Space Dia"fict PERSONNEL POLICIES & PROCEDURES *Month is equivalent to 30 days. Add total days since |od annual evaluation and divide by 30. Round off to nearest month. � SECTION 5'5, ACTING APPOINTMENT � (a) Exempt Employee ' An exempt employee KznnoUy assigned by the General Manager to � perform the work of a higher classification,normally due to a position vacancy,shall be paid � at least five points more than his or her current salary or the minimum salary range assigned to the higher classification whichever is greater,for a specific period of time designated by the General Manager as long as the acting appointment exceeds fifteen working days. Acting pay shall begin on the first day the employee is assigned the higher dooifioofiun responsibilities. Assignment of appropriate duties of m higher classification during the temporary absence of on employee due to vacation, illness, or short-term leave may be � made without benefit ofadditional compensation. � (b) - A non-exempt employee fomoa|k/ assigned by the General Manager to perform the work of a higher classification, normally due to a position vacancy or a temporary absence of an employee due to vacation,illness,or short-term leave shall be | � paid at least five points more than his or her current salary orthe rninirnuno salary range assigned to the higher classification, whichever is gneoter, for a specific period of time designated by the General Manager as long as the acting appointment exceeds five consecutive working days. Acting pay shall begin on the first day on employee isassigned � the higher classification responsibilities. After the five working days threshold, mohnQ pay � shall beretroactive to the first doyof the acting appointment ossignrnenL |(more than one � � � � non-exempt employee is formally assigned by the General Manager to perform the work of � o higher classification, the employees involved shall be compensated on o pro-mto bads. � (c) An acting appointment shall not be given for more than six months, unless due to � extraordinary circumstances the General Manager authorizes an extension of the period on m month tomonth basis. � (d) The need for acting appointments 1Dbe made shall be evaluated ona case-by-case basis. SECTION 5'6. OVERTIME AND COMPENSATORY TIME (NON~EXEMPT EMPLOYEES) Overtime � (o) Overtime may be allowed, and overtime compensation shall be paid to non-exempt employees pursuant to any separate policy adopted by the Board ofDirectors,pursuant to � this section,and in keeping with the legal requirements ofthe Fair Labors Standard Act and � legislative amendments as they apply to public agencies. Overtime shall be defined as that � time authorized and actually worked by an employee in excess of forty hours within the work � period. For field supervisory employees, overtime shall be defined ms that time authorized � and actually worked in excess of the scheduled workday or in excess of forty hours within the work pehod, exclusive ofm non-paid meal period. or � PwGgFcim-Department Managers shall assign to each employee regular work duties and � responsibilities which can normally be accomplished within the established eight hour workday and the forty hour workweek. (b) Non-exempt regular District employees are eligible for overtime compensation. No overtime can be worked by o non-exempt regular employee without prior approval of the � appropriate urP+oqfon-�' Manager ordesignee. | 22 � Midpeninsula Regional Open Space DisTrict PERSONNEL POLICIES & PROCEDURES Non-exempt employees shall be compensated at the rate of one and one-half times the employee's regular hourly rate of pay for overtime hours. Holiday and vacation time, sick leave,and leaves of absence with pay are included in the computation of hours worked for the purpose of calculation of overtime. Compensatory Time Off (c) Compensatory time off may be requested by a non-exempt employee in lieu of all or part of overtime pay. Time off requests are subject to the approval of an employee's Section Leader and/or Fr an aepa=1 QnJ_Manager or designee. If an employee's request for compensatory time off in lieu of overtime pay is approved and is taken within the same forty hour work period in which the corresponding extra hours were worked, the time off is computed at a straight time rate since the time-and-one-half compensation rate only applies after forty hours have been worked in the work period. If an employee's request for compensatory time off in lieu of overtime pay is approved and is taken off after the forty hour work period in which the corresponding extra hours were worked, said time off is computed at a one-and-one-half rate basis. (d) If a field supervisory employee's request for compensatory time in lieu of overtime pay is approved and taken off on the workday in which the extra hours were worked,the time off is computed as straight time. If a field supervisory employee does not request and use the compensatory time off on the workday in which the extra hours were worked, the compensatory time off will be computed at a one-and-one-half-time rate. (e) An employee may accumulate up to thirty three and one-third hours of extra hours(50 hours of CTO). If payment is subsequently requested for said accumulated compensatory time,it shall be paid at the employee's overtime hourly rate. SECTION 5.7. SHIFT DIFFERENTIALS / CALL BACK PAY (a) Night Shift--We-R-ex-ef*4pf- Hourly field personnel will receive a differential of $3.002.00 per hour for each hour actually worked between 7:00 P.M. and 6:00 A.M. on any shift. The differential shall apply to overtime hours the same as straight time hours. E4fec*v-e-April_- (b) Split Shift -44Gn-e�xe� Hourly field personnel assigned to work a split shift will receive a differential of$40 0.0 30-per workday for each split-shift actually worked. (C) Call Back Time Any hourly field supervisor not residing in District housing will receive a minimum of 3 hours Qf call-back time did at time--and---one JI-112 time maid --- ne ha----- L SECTION 5.8. SALARY ADMINISTRATION (a) District employees shall be paid according to a salary plan adopted by the Board of Directors. Adjustments to the salary plan and/or administrative guidelines may be made by the Board upon recommendation of the General Manager. (b) The salary plan adopted by the Board of Directors shall contain administrative guidelines and shall be considered as supplemental to these rules. (c) Payroll deductions will be made for legally required, employee, and General Manager approved items. 23 MidpeMUnsula Regional Open Space Disorict PERSONNEL POLICIES & PROCEDURES (d) Regular work timecards, which record all hours worked or for which compensation is requested (e.g., holiday,vacation,sick,or personal leave time) for each pay period,shall be approved by the oppropdoteGe*�i**+ef prior to | submittal to the Administration and Human Resources Manager for payroll preparation. (e) An employee,due to exceptional personal circumstances of extreme hardship,may request a payroll advance equivalent to90%Vf the employee's estimated net pay for work already � performed, and in the case of an employee going on vacation for accrued vacation time � � or other leave time already earned which will beused during the vacation. All requests must � be made in writing to the Administration and Human Resources Manager and shall normally � take two workweeks to process if approved. Requests will be evaluated on a case-by-case basis. SECTION 5.9. UN|FORM COMPENSATION FOR FIELD SUPERVISORY STAFF (o) New fHires - Newly-hired employees working inthe classifications of Operations Manager, | Area Superintendent,Supervising Ranger and Maintenance / Supervisor will receive their initial regular uniform items from the District at no cost to the employee. The list of regular uniform items will beasfollows: � l) i uniform ohow hot (includes hat bond' chin strap and ruin cover)_[�ja�k�� employees only.) 2) 3 long sleeve uniform shirts 3) 3 short sleeve uniform shirts 4\ l uniform jacket 5> l uniform 4isa_4Ghe�dvest 6> l basket weave k4G#*ef belt 7) 3pairs pants 8) l pair hiking shorts 9) 2 pairs +n+fom+socks | lO) l uniform cap (b) Allowance Amount -TheGenero| Monoge/shoUset the -annual allowance for replacing � worn-out regular or optional uniform items by April lof each year. The District will pay any additional cost for oversized uniform items that are commercially available (not custom or tailored items). (c) - Emp|oyeeswiUbecome eligible to use the uniform allowance otthe completion of their probationary period. With respect to the time between the probationary period completion date and the next April l.the allowance will be prorated based onofull � year's allowance. � (d) Full Allowance - Employees will have access to o full year's uniform allowance onApril l following their probationary period completion date and every April l thereafter. � (e) Direct Use and Responsibility - Employees will use the uniform allowance directly with i vendors, without prior approval from supervisors. |t will be the employees' responsibility to monitor the use of their own allowance; any expenditures which exceed the allowance � must be reimbursed tuthe District. � M - |n addition to the uniform allowance in Section (m) above, the � District will continue to provide items it has provided in the past at no cost to the employees. 24 � ! � �� Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES All items covered by this section remain the property of the District and will be returned to the District upon separation from District employment. Boots, Coveralls, Raincoats and Rainpants-In addition to Section (a) above,the District will provide work boots,coveralls,and adequate rainpants and adequate hooded raincoats to the employees. These items will be replaced at the request of the employee,on approval of their immediate supervisor. The District will provide steel-toed work boots at the employee's request. All items covered by this section, with the exception of work boots and optional raingear purchased all or in part with uniform allowance money, remain the property of the District. (h) Boot Replacement - As to replacement of boots, there will be an option to rebuild rather than replace under the following conditions: (1) In the event the immediate supervisor agrees a pair of boots needs to be replaced, but the boot is not significantly damaged,the supervisor may opt to have the boots rebuilt instead of replaced, except that: a. This option will not apply to the first pair of boots any employee seeks to replace under this Article; and b. A single pair of boots may be rebuilt at the supervisor's option only once. (2) Employees may opt to rebuild the same pair of boots,without limitation,and pay for the repairs from the uniform allowance. This employee option will be completely separate and independent from the District's obligation to replace the boots with a new pair. (i) Bicycle Patrol Uniforms-The District will provide each Supervising Ranger one pair of long bicycle pants and one bicycle jacket. SECTION 5.10 LONGEVITY PAY PROGRAM Office,Supervisory and Management employees (except department managers and the Assistant General Managerlwho have worked full time for the District for a minimum of ten (10) consecutive years, are currently at the top of their salary range and have no below standard rating on their annual performance evaluations,will be eligible to receive a one percent (I%) lump sum payment each year at the time of their annual performance anniversary. The lump sum will not adjust the salary range. These wages will not count toward the calculation of annual salary for the purposes of computing life insurance coverage or LTD wages. SECTIONS.11 SEVERANCE PAY Department Managers and the Assistant General Manager are "at will" employees and will be given a severance pavrnent eaU-1 to Qn days of their current salary if they are terminated from District employment at the will and pleasure of the General Manager, except in cases of official misconduct.- SECTION 5.12 MERIT PAY For those of any ward meritorious performance pDygt between 0%to 5%of t ear based upon 25 Midp,.ninsula Regional Open Space Duct PERSONNEL POLICIES & PROCEDURES overall performance, includinq,but not limited to,completion of items on the annual Action Plan as well as performance in response to unanticipated projects and exceptional professional achievement, This increase, if awarded,would be in the form of a one-time Payment and would not be added to the individual's base salary for future compensation. 26 Midpeninsula Regional Open Space Disnlct PERSONNEL POLICIES & PROCEDURES ARTICLE 6 - BENEFITS SECTION 6.1 BENEFIT PLANS �aravi�e�i-ems is: f � i �-�#e#aria-#mod-er��e� --ert�+►=�iy-vrh -a#-##a i�r=��-#er #k�e-raaedi�ai�derv#a#�r-�+s+are-plera�-�--han�e3:---ire-#k�e-euerr#-#lae-C��Ii'-i= ��aedieal-plan--bey-arr -�r�a-ve+{able--#k�e-D+s#r+a#-�ii#-aura#rim#e--#a-#k�e-�#�#er+a..-#�arad-are arr�t3��#eq�ivaiera#-#a-#kie-av-erase-e#-##�e--aas#-a#--#k�c�-#3rer�iar�s-{�-#-#tae.ene-}gar#-�;�-par# ; i grad-#ar�rii�-�re�aaiar�-ra#e;-as- -la-erx�pley�ee;-e#-�k�e-OaiF'-i=R�k�eal#h-�regr plans-availadle-#a-piss#rim#-er�pie�eas-+r�-�a�#a--C'Ir�ra-�--e�raty--ate-Sara--Ma#ea-C-a�a#-y: ____��-�playee�-��a�-e#ec-#--a--i�i�lae�er-fewer--Ees#--r�aediaaa�-�la�--#i=Sara-#k�e--C�k'-�i�S-wiser �urda#cry Mara. iig#�er-c cis#r +Ec,�piara Will be recred#e pays #ire-�i�#erer�e-+�-�rer�ra�-be#v.�eer��--tie-mall'ivy--l4aiser-€e��c�#14+a-p#ar-�-�rerr}+�r��-aid-##ie �rerr-�ler�-#ar-##�e-k�lgl��er-eea��+edl�-a{-pla+a—€n��l�fees-w�e-seieE-# � II, _._._------�#_�,..��layee-is-�-arrer�#l�-esuerec�-eraser-c�-�riwa#e-ar-a-spe�se'-s--ar-�er�-►e�#+E;-�ar#�er'-s r arc--al-Mara-�+siaaiiy-eE�E�ivalerr#-#e##�a#-pr��ic-le�l-key-#ire-D+s#rim t-##�+e erxapleyec�+aaa�-elegy# #a-w��ive-s�-take--e-©�erage-#kare��ia- yee-w��e--c�lea la-al i E�verage-w+li-rece+ve-# #iQra-c�nc�- par#-�-�aed+aai-plan-pr #kae D+ #ria # sale#erred ea ape►a a#le+� plan i{a iris er #per r�arx�e er-rea la:----4-+4 ae suer-�#-#iae-�a#P-�� ai�er-Iwaura-da#+ -ra�edl�-al-plaraarraes a+-salable;-#kae-err�pleyee-w�+ll r�?eelwe-#kae�-asla--egEr+�raler-a#--n#--er=+e-kaal#-e#--#�ca- ia+a�..ra#�-A#--#kae Ot-ali'ivR�-k#ee1#kr- rle# playees-ie-�ar�#a- �axa- #ec� �ra�raraa Maras-a#--#kae-saraae-Ie�el-a#-aerr# #lara-i#.pays#car-#vie-parrar�c�-#ara`ail�-ee�rera�e;#r� #lae ex#er#arad Irr#kae rawer i �u�r}+c# #kaeal k#eal#ka#'regraa aOr +a par#raer'�-er�rc�Ur�era#:--Da -be-as-de#Ir-++ed--ira�ee#lira-l-2-1-��){� �}---Berr#a4-Irasure�r��e 27 Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES De##a-Der�#�#-Plate-bees ��c�v�l#�ble: deperad�r�#s. -------##-era er=r��ey��ae-i�-�te�a#I�caua�eed-grader�-p��+uete-er-sp€�se's '�-derv#�1 Such- ver ��e __.__.._ _ k�e Dis#rie#mill gruide Srae-s ��dere�#i + e is-tedbeve-i#-t# � plan-a#laws-#car--the-do+�es#ie paler-s-er�rallr�er-r#: -Care _-----the#blk wir+g v+Sie p#era is apt ileble#e Dis#ic#e taituyees isler�Se ise Pan Gs provided-#ca the Dis#rt e3 e Sk�grep #-tle is+er�-Servlc e: deper�de+a#s: --------A�er�pleyc�e-��c�y-elec-#-#e-��i�e-vasier�-plate-e�erege-##�re�#i--tf�e-Di�s#rr-ie#--err errap4e�ee wl^+o-eleets-#e-ivei�xe-�+�iera ceeuere�c�e- jr-elect-ta-apply-tk�e-#�I e�r�e�r�#-�#--the-v+sier�plaaa Prera�a�n-#award-e�the�le#i�--cas#s;-cantr�-te-+#--#e-tkr red--c©+��r�sc�#iara pion-ir-r#i�-ar-I•tier-na��r�.ar-rec-e+ire-i#-i�-cash: _.__W._._--�.he-aS#a+a#-w' -party-per-csuer�ge�-ire-the-plate-listed-ek�ave;-+#-##�e ple ra-c:�l ltiw s-#er--##tie--dr�raaeS#ice-par#riex's-er�rcallr�e+a# -- ---8aa�i�life-+rrsurarrce-c--overa�ye-equiv-aleaa#-#e-#�-#+ratios-ar�r��al s�lc�r�-v�ill-be-prea�ided-I<3y tlae D+s�r+a#--arid-tlae_.pre w�al��=gas mill-#�e-peld-��-##�e-D+s�fa#-:--S�ppler��er�#al-li#e-i�S�rar�c-e--arid a��ide�#at-dea#h arat�-d+ -ira-sr�r'�ee-are- as-e��#ter-+al #�erae#i#Ske prey-a ai��rrS#err ap#+er�al berae#+#�are#a de Paid b #lae e► ploYee {e}------I_arrq�"erra�-l�+sablli#fir-Ir�s�ra�ac-e ______-.__the-�s# #--w+U-provide-ler�q-#errs-disadili#-y-+r�Strrar�ae-aeSer-aqe-#er-�rl#-er�Playees;are}d-##tie {# �playee--,4ssis#a�-e--R-ra��rar� ----the--Bistria#-will--pr-e�ide-�+a--er�pla�ee--a�S+s#aFrE-e-Pr�i ees--and..#hear dependerkts;paid-#ar-��-#�e Dis#r+c-#: _._� __.-�#tie-��#�c_#--will--aer�}#rac-#--with--##tie--Cali#ar+aia-k"-�blla-Er�pla�ees-tetirer��er3#-Sys-teraa-{#�I=R'S}-#e I Pray+de-#kie-lae-al-rx�iSe-ellar�ee��-��-lie#irer�aera#-I' ill-Pay-ara-be#aalt-a#-all ern�slayeeS-��red-tinder-I�ERS»##�e-e #+b�#ier�-tc�-this-F'-4a�: {�---Dependen#--dare-and Med 28 Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES --------�kte-©fs#r+�-#-will-<�#fat=a-C�epc�ttc#eta#--�arc�-P#apt-ar-td tvlec�ice#-�-acp�r=isc�-heir-n��rser�=(era#-P-lei--ita a�-c �i�r`-��-w+#f}-f�#erl� -��;w)sic-k�-wit4-erta�lee�t=tp4®fees--#e-p�Y #at-__d�per�c�et�t_�-c-ate-e�Epet-uses-�rt� -�t-treir-t=tkk�ut�e�--r-taedi�;;--d�ta#��#—�r-t�--etkaet-heelfk� e�petasc��eta-�+-pt e-#arc_bc�is: {i}-----Re ag}e ._-Ata-eta-tplt e -the L +s#tit✓# etad w�laaecitts reeii�,� Pz!?5 +eirerxte # beta .v�i#fii�-�- tag-his ;-#-etrtpl�y� ertf-�.u+al-be-el+p+dle�-fe-�-©ta#itat�e k�i� ekaet-�a1�€ rtaeri�el p4Ettasvetage titag tF3fiterzaera# -f #44d4_4e :t�C�pet--r-t=tern#1=t-fc��cttd-tk-te--r✓-a�#-of�--ka- tpfey�ee'S-tetitee-taaedtc-•�f-plc�r-t-pt{�txti�t�: A�+l �blcrdicul/n.�trr'crrrc•c� The District Participates-in the CaIP-RS Health_Insurance Program, which offers a choice of several medical plans available to_District-_entplovees Effective January 1,2007. the District will contribute 3Q( 0 !_Per month toward the,costof-medical insurance for re ular, full time employees. Etfective January I,2009, the District will contribute 350.00* crwartc�nthtoward the cost of medical insurance for reLular, full time alit Icp wees. (*See SEctron__f3-t5e,� billow. Fhe District w_illvrovide same-sex domestic partner medical covera,,e in the CaIPERS Health Program_plans as ptovicfed for in this section to tale extent and in the manner in which the C m allowsaIPERS Ifealth Progra for the domestic Paruler's enrollment. Unless the.domestic-partner qualities as a dependent under-Section 152 of the Internal Revenue code,dom 5ttc partner ec)yejtj gecannq be paid on afire tax basis under.the Cafeteria or aid j for with 4v contributions under the Cafeteria Plan. The fair-inarkt value of the dainestic partner covera se, less and amountaid bW_the em.lovee far that coveraee. must be taxed to the entplovee as income. B___--__-Cakleria Plan The District will continue to orovvide a Section 125 Cafeteria Elan that employees may use to pdv for the cost of medical dent<tI nand vision insurance as well as Dependent Care and Health Care Reimbursements on gietax basis_ The -District will provide a contribution into the Cafeteria Plan sufficient to pair for dental and vision insurance, plus an additional amount toward medical insurance as described beltv`;. The Cafeteria Plan contribution will be adjusted to maintain( the level of cornribution described below whenever the nremiurn cost for medical,dental or vision insurance cha!tges. v• contributions to the Cafeteria Plan sufficient to the District will Ito rdc contributro s la Effective January 1 �007 tl e, D _ _ cover the one-patrtv(entplovee)premium of the lowest cost HMO(over and above the basic$300.00 contribution)and,vtiill-pLav ninety-five percent(95%)of the difference between the lowest cost HMO one- part _(ernplctvee p_lan,e,and_the lowest oast FiMO 2-nattyr)l fiamilttlanremiums,as play—be—selected by tile employee. if the ent Ig oyes selects a store expensive plan than the lowest cost HMO, the employee will4mAl 1.00%of the additionaloretnium cost above what is paid for by the District under the lowest cost HMO plans as described above, Effective January 1, 2008 the District will provide contributions to-the Cafeteria Plan sufficient to giver the one- arty�erndtloyeo prentiurn of the, lowest cast HMO(over and above the_�3t_)0�0(>Zand_will pay_n_inety-Two and one-half Percent(92 5°a)of the difference between the lowest cost HMO one-party ern?lo eei-flan an,dihe_lo�rest.cost I{MO 2-panty or tart�i,Iy t�1an ,remiw�7s,as�nav be selected by the entplovee. I fthe etnploec selects a more expensive-plan than the lowest cost HMO,the erloyuvvill pair 100%of the additionaltaremietm,cost above what is paid fiat bathe District under the lowest cost t MIQ Eel ins its described above_ 3e _ Effective January 1, 2010 the District will rp ovide contributions to the Cafeteria Plan suficient to cLtver the_vnc-p rty_(etnplc e „premium cif the lowest cc7st HMO-cover and above the$350 00'effective as oI,Qlanuary I {)09 ancf�vifl t�ay_nin percein(90",0 ofthe difference_between the lowest cost HMO.one- rt�(entployee�plan and the lowest cost f{MO 2 party ar farnily lan remiums as may be selected by the employee. If the employee selects_aa store,expensive plan than tile lowest cost HMO,the ern I�oyee will pay 29 Midpeninsula Regional Open Space Disirlict PERSONNEL POLICIES & PROCEDURES I QWp o f the additional gm cost above what is lud for bv the District under the lowest cost 11M0 plarts as described above, the event CalPERS offers a medical insurancc_plqnvitb lower premiums than the lowest cost LIMO_an_employee sclectin(-, such a plan will have contributions rein, 4-T),ly the re It min Lin, ntrjbLltiOIl to other-ALia I i tied benefit costs. or receive the difference in cash. _ q- *if an erntaloyee provides evidence that he,�she is covered er a non-District medical plan, basically equivalent to that provided by the District. he/she may elect to waive Such coverage through, lie District. Frnploy dical covera-e will receive contributions under the Cafeteria Plan equivalent to One-half of the-prje-)ai the lowest cost_LIMO and mayelect to ar))ly such contribution toward other qualified benefit costs or receive the difference in cash. If _Nhe District determines, before or during any Cafeteria Plan year, that the Cafeteria Plan may fail to satisfv anv requirements ofthe Internal Revenue Code tot.such Plan year the District shall take such action as the Disc ict-de4lijs-_qpp cq�ate.and necessary to ensure that the Cafeteria Plan satisfies the rgcLLiu einents,of the aaEplicable IRS Code. C. Dentid Invitt-unce The District will make available the Delta Dental Plan that is Provided to the District as a subgroup of Santa Clara County. The District will provide a sim LIaEplan if the Delta 6en Plan becOlneS unavailable.The District will oav the Ill-11 PEC'Millill cost of the dental plan coverage for erriployces.And dependents. [fan ejripj TeeiscLirr enitj ,covered under,a non-Distri c t ptLov Lctgd&ntal_alan basically equivalent by the District. j District.the cov qgc�will receive thee Al equivalent of one-half of tile dental premium,and may elect to use it for other benefit costs or receive it in cash. tile Dian listed ab)ve. if the Dian allows for the The Dist rovide sanie-sex domestic Dart --tP-P it ine._ domestic varmer's enrollment. D. Vision Care The District will make available the Vision Service Plan As_provided to tl7e District as a subgroup of Santa_Clara County. file District will provide a similar Dian if the Vision Service Plan becollICS unavailable. The District will r)av the full ar t in cost ()('tile vision Diapica cv jgr etnplovees�AtW cl��tiLdents as a contribution to the Cafeteria Plan. An MLoycc waive le�tjo aive vision plan coverage through the District. Ail ei elects to waive vision Lpla_ ej eqyycra�eniay,jclect to apply_the full anIOLInt Of the vision Dian premium toward other benefit costs or receive it in cash. The District aurees to orovide sanle-sex doi-nestic_pAqileLcoverig(Z in th"!an listed above, if the Dian allows for the Basic The District will Drovide basic life in _salary. As ,w)opA,,practical,the District will change its life Insurance carrier and will add Al,)& an coverage LD2L ya I e n t i.qsvvQ �)10 -'qe!s_alinual salary at no cost to the c n loyee. Note: the two times 21.x the q lq),tLC 9V Ls_annual Ii�rymaybe Lb*ecto benefit reductions required by the carrier for enM2lo_yees age�65 and_older. Optional Bane its The District shall offer the followim-, 0 tional benefits to employees at the."n -loyee's cost: _p_qp (L �ataL�Jjroup m Life Insurance j_ _ G Pql-t-�Fi�meh,,m�)Io ves Medical, dental and basic life insurance benefits for regular Tart-time Lone-half time or greater) ernploveQs shall be prcIyLded on rq_prQ- ata.basis. — 30 Midpeninsula Regional Open Space Diswct PERSONNEL POLICIES & PROCEDURES It State Db;ohilily hi.surunce (SDI) The Dist e�L,-_jqconti11L1e.p-4yrq -Stat D bilitv Insurance(SDI)orernil.11TIS -.11,.4eduction of for all employees except for r_anN croup off ena Ig�ees who_nia have elected out of the SDI L)rograni- 1. EmployeeAysisiance I't-!22gram (E41)) The ri c Dist1 shall ide an Eniplovee Assistance Prpgrarn for all regular employees of the District and shall pay the full cost-o-f—the-progn-iiij., --Long-'fern,�Disub�iliw 1)7�anl-Ml) Mae District will Provide a L.onv-Terin Disability Plan_r _n jLfiisisanemploye paid-plan. K. ReIii-emeni I'lic District contracts with the California Public Employees Retirement Systern a1PERS) to tirovide the local miscellaneous 2%' at 55 Retirement Plan. The 'RS the currently re(Wired E-mployee Member Contribution to dais PLqn Effective October 1. 2006 (or as soon thereafter a possible). the District will amend its contract with the California Public I-'ljn P E,R Sjjqj2Z idr tl1e—local Miscellaneous 2.' retirement5 retirement forniula. Menib(zE.Qqntribution toward the cost of'orovidijig this-enhanced retirement formula and the enhanced retiree medical benefit, providedfor in Paragraph M oftlais Section,as follo� Effective 1 Oft)1,,2006.(oron thedate the(.'all'ERScontract is amended tor)rovidetlie2.5,0 no(&_5-5heii benefit I%of the E-i Ljiployee Me Tiber Contribution. E-11'ective 04/0 1/2008,an additional Pi)of the Lniplovee Member Contribution fora total ol'2%. ursenient The District will provide e a De pendent Care Plan and Medical Expense IteirnbursetPcnt Plan in accordance with Internal ReWILle Code Section 125. Such Plans enable eniriloyees to to de it funds into th piqLi 0 S e -AtAiLopay d�zp for endent care - - and unreinibursed medical den )L al, other health care oil(A uses o a Pre-tax basis. __ _L A4. Retiree Aledical Coi�eru re A einployee who retires from the District and who begins receiving Call"ERS retirement benefits within one hundred gjigtt i on n District L(t pent will be eligible to continue his/her CalPERS medical --ftgt— _ q .. Si. Dollars -L Si, p covcra (1grin-retirenient. The District currently contributes S . UNJ our Doll, s and S ,jy-(:efts $�()4.60 r month — j- _ j toward the cost of Such t date feasible for the Cal PERS c�Zs�.the District will increase its contribution toward Retiree Me&Meal plan Lpro covera#>e Co Three Hundred Qo11xrsj$ --e - iQ.9.0) _aQ0.WD_Nrjnonth. Effe-ctive-0 1/0 1/2009,this aniount-will increase to'17hree Hundred Fifty 3_ pc iL month. SECTION 6.2. HOLIDAYS, PERSONAL LEAVE, AND ADMINISTRATIVE LEAVE Holidays (a) The eleven paid holidays to be observed each year by office staff and Area Superintendents shall normally consist of: New Year's Day Martin Luther King Jr. Day Presidents' Day Memorial Day Independence Day Labor Day 31 MidpenYnsula Regional Open Space Dis^oUct PERSONNEL POLICIES & PROCEDURES Vetenzns' Duy Thanksgiving | The day after Thanksgiving / / Last workday preceding the Christmas Day observance � Christmas Day � The eleven and mn*+hu|f paid holidays to be observed each year bySupervising Rangers and Maintenance and Construction Supervisors shall normally consist of: New Year's Day Martin Luther King Jr. Day Presidents' [}uy � | Cesar Chavez Day / Memorial Day Independence [)ay Labor Day Vetenuns' [}oy Thanksgiving The day after Thanksgiving Lost four hours of last workday preceding the Christmas Day observance Christmas Day (b) Regular part-time employees are eligible for the same paid holidays nna pro nzto hour basis according to the average number of hours they work. � (n) {}[jy anAm employee who is in paid status the day before and after o holiday ohoU be | � eligible for paid holiday benefits modescribed herein. � � (d) If paid holiday falls onSaturday,the holiday shall be observed on the preceding Friday. If u paid holiday falls on Sunday, the holiday shall be observed on the following Monday. For employees scheduled to work Saturday and Sunday,holidays will be observed on the actual day they occur. (e) Holidays which occur during an employee's vacation shall not be charged against vacation time. /8 An employee who works on o scheduled holiday has three choices for compensation: (l) One and one-half times the regular rate of pay plus a replacement holiday within | the following two weeks' provided the supervisor and the employee can reach mutual agreement on the nap|ocernentday. (2) One and one-half times his or her normal pay plus the corresponding nurnbe, of � hours added to his/her holiday bank. � (3) Two and one-half hrnen his cv her normal pay. � � (g) When o holiday hnUs on o regularly assigned day o#, o non-exempt employee will receive the corresponding number of hours in his/her holiday bank. � (h) The holiday bank will be administered according to the following provisions: � . 82 Midpenins0la Regional Open Space DibwAct PERSONNEL POLICIES & PROCEDURES (\) Time from the holiday bank must be used in eight hour (i.e., full-day) increments; however, ifthe total balance remaining in the bank is less than eight hours, the � employee shall be allowed h» use the balance subject to #3below. � � � (2) Employees may use accumulated holiday time to cover portions of scheduled � � vacations. (3) Employees who wish to schedule time off covered by the holiday bank shall submit requests to their supervisor. Such requests shall be approved with due consideration for the desires of the staff and for the requirements of the work location. (4) Any time remaining in the "holiday bank" ot the end ofthe calendar year shall be ! paid to the employee in cash ot the current rate of pay on December 3l of the / same calendar year subject to subsection (6) below. � (5) Employees who trnn|no�e during 0�m calendar be paid for all time � remaining in their holiday bank ot the current rate ofpay. � (6) Employees assigned tn work the last four hours of the workday preceding Christmas Day and/or Christmas Day cx whose regular days off occur onthe holidays may convert up tol2 unused holiday hours tovacation. 0 The General Manager may grant, with the appropriate Leade/s | recommendation,permission to an employee to work on a designated holiday in exchange for taking another regular work day off. The employee shall be compensated at his or her regular hourly rate for each hour worked. Personal Leave (j) Regular full-time Administrative Office Staff and Area Superintendents shall be eligible for thirty-six (36) hours Personal Leave time each calendar year. Regular full-time Supervising Rangers and Maintenance and Constructions Supervisors shall be eligible for thirty-two (32) hours personal leave time each calendar year. Regular part-time employees shall be eligible for a pro-rated number of hours of personal leave time according to the average number of hours worked. (k) Employees shall accrue Personal Leave according to the following schedule: [)n the first pay period of each quarter, employees will accrue one-quarter of the annual Personal Leave for which they are eligible. Employees may accrue o maximum of the total � amount of Personal Leave for which they are eligible each calendar year. Employees who reach this limit will not accrue any additional Personal Leave unless and until the � amount of their accrued Personal Leave falls below this accrual limit. |n that event, on the first pay period of the next quarter, employees shall accrue only the amount of Personal Leave for which they are a|igib|e, sufficient to reach their maximum accrual | limit. (1) With forty-eight hours' advance notice and supervisor approval, an employee may use personal leave hours ot his/her discretion. |n emergency situations, supervisors may approve use of personal leave with less than forty-eight hours' notice, Except in | � emergency situations, no reason for use uf personal leave need begiven. / � � (rn) Personal Leave hours must be taken in one-half hour minimum increments. {}n January l � � of each calendar year, any Personal Leave remaining in an employee's leave bank shall ' ! � be carried over from the previous calendar year. | 33 � � � � Midpeninsula RegionalOpen Space Disxact PERSONNEL POLICIES & PROCEDURES (n) Should an employee terminate his or her employment with the District, any Personal Leave the employee has remaining in his or her leave bank shall be paid tothe employee ot his/her current hourly rate cf pay with his/her final paycheck. (o) An employee hired during the course of a calendar year will receive a pro-rata number of Personal Leave hours for the remainder of that calendar year. | � | (p) Administrative Leave time will be granted tothe Assistant General Manager, Department � � Managers, and other exempt employees osfollows: � � (l) The Assistant General Manager and Department Managers will receive sixty-four (64) � hours of Administrative Leave time per calendar year. (2) Exempt employees who are required to regularly attend night and/or weekend meetings or conduct night and/or weekend trainings shall be eligible to receive between two (2) and five (5) days of Administrative Leave per calendar year. The exempt classifications eligible to receive between two (2) and five (5) days of Administrative Leave shall be designated by the General Manager prior to January I � of each calendar year. (3) All other exempt employees will be eligible to receive a minimum of sixteen (16) hours of Administrative Leave per year. (q) Employees shall accrue Administrative Leave according to the following schedule: On the first pay period of each quarter, employees will accrue one-quarter ofthe annual | Administrative Leave for which they are eligible. Employees may accrue u maximum of � the total amount of Administrative Leave for which they are eligible each calendar year. Employees who reach this limit will not accrue any additional Administrative Leave unless and until the amount of their accrued Administrative Leave falls below the accrual limit. |n that event, on the first pay period of the next quarter, employees shall accrue � only the amount of Administrative Leave for which, they are e|iglbie, sufficient to reach � their maximum accrual limit. � � (d Administrative Leave time must be taken in one-half hour minimum increments. On � � January I of each calendar year, any Administrative Leave remaining in an employee's � leave bank shall be carried over from the previous calendar year. � (s) No more than 8 hours of Administrative Leave time may be added to vacation time for � purposes of extending a scheduled vacation, unless additional use of Administrative Leave is approved |n advance by the General Manager. /t> Should an employee terminate his or her employment with the District, any Administrative Leave the employee has remaining in his or her leave bank shall be paid tuthe � employee at his/her current hourly rate nf pay with his/her final paycheck. � (u) A manager or other exempt employee hired during the course of a calendar year will receive a pro-rata number of Administrative Leave hours for the remainder of that calendar year. 34 � Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES SECTION6,3. VACATION (o) All regular District employees shall accrue vacation time with full pay according to their date of hire and hours worked. All regular part-time District employees shall accrue vacation time onapm'roto basis in accordance with the number ofhours paid, exclusive ofovertime. (b) All regular District employees shall accrue full-paid vacation according to the following � schedule: Years myService Accrual per Hour Paid Equivalent 8-HmurDays Per Year(Full Time) 1-9 0.05769hr. 15 10- 14 0.07692hr. 20 15- 19 0.08077hr 21 20-24 0.08846hr. 23 25+ 0.09615hr. 25 *Doys/yearfor part-time regular employees will be outomohco|k/ pnofoted to the some � percentage as their hours per week bear to4O. /o\ Employees may accrue up tu two times the amount nf their annual vacation. Employees who reach this accrual limit will not accrue any additional vacation days unless and until the amount of their accrued vacation time falls below the accrual limit. (d) Vacation shall not normally be taken in increments of less than one-half hour (e) Section Leader and/or Monogersor their designee shall approve | vacation requests from their respective staff members with due consideration for the desires | � of the entire staff and for the work requirements of the section. Vacation schedules may be � � altered to allow the section tn meet emergency or unanticipated situations. (f) Employees who have on accrual of rnlnirnurn of 120 hours in their leave balance on December lof each year may elect to cash out upto forty (4O) hours Vf such leave. Such � requests must be received in writing by December |5of each calendar year. (g) Upon termination, employees shall be compensated at their current hourly rate nf pay for any vacation accrued but not used.Terminating employees will receive their vacation cash- out with their final paycheck. (h) Employees are not eligible to accrue vacation during a leave of absence without pay. Employees are eligible toaco rue vacation during o leave of absence with pay. (i) In the event a temporary employee is hired to fill a regular staff position, the employee will be able to apply the amount of time heOr she was a temporary employee toward his orher vacation accrual rate. SECTION 6.4. SICK LEAVE � � (a) All regular District employees shall accrue sick leave with full pay atorate ofO.O46l5hours per hour paid, exclusive of overtime, for a total of 12 days per year for full-time employees. Sick leave shall accrue from the date nf employment and may be accumulated Onun � unlimited basis. � | � (b) Employees are eligible to use sick leave for the following reasons: 35 Midpeninsula Regional Open Space District PERSONNEL POLICIES & PROCEDURES (1) Personal illness or physical disability. (2) Quarantine by a physician. (3) Illness or disability of an immediate family member or domestic partner requiring the employee to be unavailable for work, subject to (g) below: (4) Worker's Compensation. (5) Health care appointments. (c) Sick leave shall be recorded on the employee's time card. Sick leave must be used in increments of one hour except for health care appointments. (d) Sick leave may be used for health care appointments including medical, dental, vision or employee assistance program appointments. No less than one-half hour of sick leave may be charged for a health care appointment, and sick leave usage over one hour will be computed in tenths of an hour. (e) Any employee who is unable to report to work because of any of the reasons set forth in Section 6.4 (b) shall report the reason for absence to his or her supervisor by the designated starting time each day he/she is unable to report to work unless physically unable to do so. Sick leave with pay may not be authorized for compensation unless such a report is made. For a prolonged illness,special arrangements regarding notifying a supervisor may be made. M Upon resignation, separation from service, or retirement from District employment, employees in good standing with ten (10) or more years of District employment will receive a cash payment of the equivalent cash value of accrued sick leave as follows: Years of Employment Percentage of Equivalent Cash Value of Accrued Sick Leave 10- 15 20% 16-20 25% 21 or more 30% Employees hired before August 9, 2006 who retire from the District and elect to continue CaIPERS medical plan coverage during retirement may elect to 1) apply the equivalent cash value of 100% of accrued sick leave toward their cost of the retiree medical plan premiums, or 2) receive a cash payment of the percentage of equivalent cash value of accrued sick leave based on years of employment as described above, and apply the remainder of the equivalent cash value toward his/her cost of retiree medical plan premiums. Upon retirement, any amount qualified and designated for retiree medical costs shall be deposited in the Retiree Health Savings Plan set up by the Distric,t. Employees may be required to make certain Retiree Health Savings Plan elections as much as a year in advance for this sick leave conversion benefit. The cost for maintaining the retiree's RHS account and the annual fee for reimbursement Process of qualified medical expenses will be Paid for by the retiree. Employees hired on or after August 9, 2006 who retire from the District may elect to receive only a cash payment of the percentage of lent cash value of accrued sick leave based on years of employment as described above. In all cases the equivalent cash value of accrued sick leave will be based on current rate of pay as of the date of separation from District employment 36 � MidpeniMWula Regional Open Space Disnrict ` PERSONNEL POLICIES & PROCEDURES (g) An employee may use up to 72 hours per year to oom for member of his/her immediate family or his/her domestic partner, requiring the employee to be unavailable for vvcxk. Immediate family is defined as an employee's husband,wife,son,daughter,father,mother, � brother, sist*r, grandmother, grandfather, father-in-law, mother-in-law, and any relative of the employee living inthe employee's household. For purposes of Section 6.4.the domestic partner of an employee is defined as an unmarried person who resides with the employee ! and has done so for a period of at least six months, and who intends to reside with the | employee indefinitely and share the common necessities cflife. Domestic partners will be � � � required to complete, sign and file with the [)ishi "A ffidavit Domestic Partnership." � (h) |fon employee im ill ono designated paid holiday, the holiday shall be charged mmholiday time and shall not becharged against sick leave. (i) An employee who is injured Vr becomes ill while on vacation pe tition and Human Resources Manager to be paid for sick leave in lieu of vacation provided that the employee: � (l) was hospitalized during the period for which sick leave is claimed, or � (2) received medical treatment or diagnosis and presents a statement indicating illness � or disability signed by o physician covering the period for which sick leave is � claimed. Requests for sick leave in lieu of vacation shall be approved|fthe pnovijon(s) noted above are satisfied. � � U) An employee absent onpaid sick leave five days V/more may be required to submit tothe appropriate supervisor verification from a physician or licensed practitioner of his/her illness or injury and ability to return towork. An employee absent on paid sick leave three days or � � more in order to care for an immediate family member or domestic partner under Section 6.4(g)will be required to submit to the appropriate supervisor verification from a physician or licensed practitioner of the family member'sor domestic portne/s illness orinjury mnd the � � inability of that person to care for their needs independently. � (k) If an employee uses all of his or her accrued sick leave,the employee may request his or her accrued vacation leave be deducted for each day absent due to illness nrinjury. In the � absence ofaccrued vocation time, the employee may request o disability leave of � absence in accordance with Section 6.5 (a), or an advance of sick leave in accordance � with Section 6.4 (U. In the absence of such leave being gvanhed, the absence will be charged tn other accrued leave. (1) If an employee has exhausted or will exhaust his or her accrued sick leave,up to lO days cf sick leave may be advanced tumn employee by the General Manager ona case-by-case basis to cover the employee's absence, The request must be made in writing to the General Manager in advance of the absence for which the sick leave isrequested. The General Manager may request supporting statements from the employee's health care provider. Upon termination, the employee must reimburse the District for any advanced sick leave not covered by subsequent accrual. � (m> Abuse of the �ckleave phvUegeshoUbe cause for dboip|inaryoc�un. � . ' | SECTION 6.5. LEAVES OPABSENCE WITHOUT PAY � (a) Employee Disability/Family Care Leave � |n the event o regular District employee is unable to perform the duties uf his cx her position | � because of iUneas, injury, or pmgnonoy, o disability leave of absence without pay will be � 37 � MidpeninsWla Regional Open Space Disirict PERSONNEL POLICIES & PROCEDURES granted. In addition,a regular District employee who has been in the service of the District for ot least one year will be granted a family care leave of absence without pay for the birth or adoption ofo child,Vr care nf the employee's spouse,domestic partner,child o/parent if the individual has o serious health condition. A serious health condition ison illness, injury, impairment, or physical or mental condition that involves in-patient care at a hospital, i hospice or residential medical fooi||h/ or treatment of health �or� pmvi��/� � ' � � (l) The employee disability/family care leave will be granted for a period not to exceed � four months. An extension ona month to month basis cfuptVmn additional eight months may be granted by the General Manager,upon w6Men request,onmcase by case basis. |nthe case of pregnancy,the employee disability/family care leave will be granted for o period ofupto seven months, depending Vn the employee's period(s) of motuo! disability. An extension on o month to month bmsis, up to a � maximum total ofl2 months leave, may be granted bythe General Manager,upon � written request, unm case by case basis. � (2) Any employee requesting such o leave shall make the request inwriting to the � General Manager and attach supporting statements from the attending health care � provider regarding the employee's or family membe/s health condition. Such statements must indicate that the duration of the leave requested is necessary for ! the employee's recovery from the disability, or for the care of the family member. (3) An employee on employee disability/family care leave,during the time he or she is on leave, may use accrued vacation and sick leave, subject to any restrictions on � use of sick leave to care for family members in Section 6.4(g). During the period the employee on leave uses accrued vacation and sick leave,vacation and sick leave benefits shall continue to accrue at the regular rate,but shall be discontinued on the date when all such paid benefits have been used. Leave of absence without pay shall commence ot that time. (4) The District shall continue to provide and pay the premiums for health, dental, life � insuponce, and other insurance benefits to the same extent provided other regular � District employees up to o maximum of three months while the employee is on an employee disability/family care leave of absence without pay. |f the leave extends beyond the three months,the employee may elect to continue such benefits for the duration of the leave, and premiums for such extended coverage shall be paid by the employee. Such extendon(s) of coverage shall be subject ho any restrictions in the applicable benefit policy o/plan. (5) If the leave is for the employee's disability or for the care of a child,spouse,domestic partner or parent with u serious health condition, the leave may be token intermittently oron oreduced leave schedule (equivalent in time to [l] above), provided itis medically necessary, can be scheduled without adversely affecting the operations of the District, and is approved by the General Manager. (b) General Leave for Other Than Disability or Family Care ! (l) /\leave of absence without pay and benefits for o period o[ot least six days but not to exceed six months may be granted a regular District employee who has been in � the service of the District for at least one year, provided such o leave can be � scheduled without adversely affecting the operations of the District. Request for � such a leave shall be directed in writing to the General Manager and shall contain / � justification� » . � � 38 � Midpeninsula Regional Open Space Diswct PERSONNEL POLICIES & PROCEDURES � � (2) Ashor� pay may � � � granted o regular District employee who has sumceah/|k/ completed the � � probationary period and who has no more than two weeks of vacation accrued at the time of the commencement ofthe |eove, provided such a leave can be scheduled without adversely affecting the operations of the District. Requests for such o leave shall he approved by the employee's manager. � | � | (3) |f the approved leave cf absence bmore than five working days but less than four weeks, the employee will ba required hz reimburse the District for the pno-ratmshare � of the employee's benefit costs. |f the approved leave of absence exceeds four � . weeks, the employee may, to the extent available under the applicable plan,elect to continue health, dental, life insurance, and other insurance benefits, in which case premiums for such extended coverage shall be paid fully by the employee. 48 Anniversary fonemployee ison leave [f absence without pay in excess of twenty working days, the employee's anniversary dote for purposes ofevaluation, pay increases and vacation accrual shall be extended by the number of days included inthe period of leave without pay. SECTION 6'6. LEAVE OFABSENCE WITH PAY (a) Bereavement Leave: A leave of absence with pay not to exceed three consecutive working days will be granted o regular District employee in the event of the death of member of the employee's immediate family. The Administration and Human Resources Manager may allow the use of accrued sick leave for up to two days to supplement the three days of bereavement leave when travel to distant locations or other circumstances require the employee's absence in excess of three days. For purposes of bereavement leave, "immediate family" shall mean the mother, father, grandmother,grandfather,son or daughter,aunt or uncle of the employee or the spouse or � domestic partner of the employee and the spouse, son-in-law, daughter-in-law, brother, � sister,grandchild, brother-in-law or sister-in-law of the employee,or any relative living in the � immediate household of the employee. (b) Witness or Jury Duty: A leave uf absence with pay will be granted m regular District � employee subpoenaed as a witness in a matter related to an event or transaction involving � the employee which occurred in.the ooumeof his/her du�eoor called hxjury du�osbmgas any compensation the emp|oyeereceives for such duty, except for meal and mileage reimbursements,io waived or signed over to the District. Regularly scheduled work time lost � because of such duty shall not affect the employee's accrual nf vacation,sick,orpersonal � holiday time. � (c) Military Leave: A regular employee who ba member cf the National Guard o/oreserve � component of the Armed Forces ofthe United States shall be granted temporary, short- term military leave with pay, upto one month in one fiscal year, when the employee receives bona fide orders to temporary active or training duty. Such leave,which shall be requested in writing from the Administration and Human Resources Manager, shall be granted without loss of time, pay, or other leave and without impairment to merit ratings or � other rights or benefits to which the employee is entitled unless the employee fails to return � � to his or her position ot the District immediately following the expiration of the period for which heo, she is ordered |o duty or fails to reimburse the District for any compensation | � received from the United States Government for services rendered while on military leave � from the District. 39 ! Midpeninsula Regional Open Space Disiict PERSONNEL POLICIES & PROCEDURES SECTION 6.7. WORKER DISABILITY COVERAGE If,during the performance of assigned duties,an employee sustains an on-the-job injury covered by Worker's Compensation, the District will augment Worker's Compensation,long term disability,and other benefits in order to provide for full pay for the disabled employee up to a maximum of 90 days without use of the employee's accrued leave time, except that the employee must use accrued leave time to cover the 3-day waiting period for Worker's Compensation temporary disability payments,unless the employee is hospitalized as an inpatient or unable to work more than 14 days. Worker Disability Coverage will also apply to follow-up medical appointments that occur during work time as a result of an industrial illness or injury covered by Worker's Compensation. Worker Disability Coverage will not be provided if the District offers the employee a modified duty assignment within the employee's medical limitations and the employee declines the modified duty assignment. SECTION 6.8. EDUCATIONAL OPPORTUNITIES (a) All District employees are encouraged to pursue educational opportunities which directly relate to their work, as well as other opportunities which will add to the employee's education and/or skill level and are intended to prepare the employee for future job assignments with the District. (b) Employees who register for courses which are adjudged to be of direct and significant benefit to the District may receive reimbursement for expenses incurred while taking approved courses. Application shall be made on forms provided by the District and must be approved in advance of taking the course by appropriate supervisor(s) and the Administration and Human Resources Manager. (c) Approval of courses for which an employee may receive reimbursement and the type and amount of reimbursement shall be made by the Administration and Human Resources Manager on an individual basis within budgetary limits. The limit to the amount of tuition and book reimbursement which may be made per fiscal year per employee is $800.00. (d) All approved reimbursements shall be made upon the satisfactory completion of course work and the obtaining of a minimum passing grade of"C"or"Pass". (e) Employees shall not be compensated for time spent in attendance at educational opportunity courses. SECTION 6.9. WORKER'S COMPENSATION INSURANCE (a) All employees are covered by Worker's Compensation Insurance for medical expenses and disability benefits for injuries or illness incurred in the course of their employment. An injury or illness sustained on the job must be immediately reported to the Administration and Human Resources Manager so that appropriate accident report forms can be completed. (b) Payment of medical expenses and lost time disability benefits is determined by the insurance carrier, on the basis of the doctor's statement and the Worker's Compensation Insurance. (c) The cost of Worker's Compensation Insurance is paid by the District. 40 Mld� Ansula Regional Open Space D, zt PERSONNEL POLICIES & PROCEDURES ARTICLE 7, GENERAL PROVISIONS SECTION 7.1. NONDISCRIMINATION AND SEXUAL HARASSMENT (a) Policy � |tis the policy Vf the Midpeninsu|o Regional Open Space District topromote an employment environment free of unlawful discrimination. Discrimination un the basis of race, religion, creed,political affiliation,color,national origin,ancestry,sex,sexual orientation,age,marital status, medical condition,or mental or physical disability is unlawful and will not be tolerated | by the District. ! The District strongly forbids any form of discrimination by its officers or employees, and has enacted these regulations to identify and eliminate unlawful discrimination. Any employee, � including managers,supervisors or otherwise,engaging in harassment or other discrimination may be subject tV disciplinary action, upto and including discharge. | Both State and Federal law provide protection for employees who have been the subject of | unlawful employment discrimination,and prohibit retaliation against employees who have reported o[otherwise opposed discriminatory practices. Employees who assist the District in discovering and eliminating unlawful discrimination will not be retaliated against for their participation. (b) Harassment Harassment on the basis ufrace, religion, creed, political affiliation, color, national origin, ancestry,sex,sexual orientation,age,marital status,medical condition,or mental or physical disability isprohibited. Verbal or physical conduct relating to these categories constitutes harassment when it (l) Has the purpose or effect of creating on intimidating, hostile or offensive working � environment; � (2) Has the purpose or effect of unreasonably interfering with on individuo|'s *mrk performance; or (3) Otherwise adversely affects anindividuo|'s employment opportunities. Conduct which might constitute harassment would be conduct reasonably considered to be offensive, including: � (l) Offensive verbal conduct, including epitheb, derogatory commenh, durs, demeaning jokes, nicknames,sexual innuendoes,whistling, propositions, threats, or profanity; � (2) Unwanted physical conduct including touching, ossou|t, impeding or blocking � movement, interference with normal work, orgestures; (3) Offensive visual conduct,including display of posters,calendars,cartoons,drawings, or pictures; or (4) Unwanted sexual favors. (c) Sexual Harassment � � 41 Midl. .insula Regional Open Space D, -*t PERSONNEL POLICIES & PROCEDURES Sexual harassment is a form of unlawful sex discrimination and will not be tolerated by the � District. Federal and State guidelines provide that unwelcome sexual advances,requests for / sexual favors and other verbal, visual, or physical conduct ufo sexual nature constitute � un|ovvhu| harassment when: � (|) Submission to such conduct is made either explicitly or implicitly a term or condition of an individua|'semp|oyment (2) The submission hzor rejectionof such conduct byan individual b used co the basis for � employment decisions affecting such individual; or / (3) Sexual advances,requests for sexual favors or other verbal or physical conduct of a sexual nature have the purpose or effect of unreasonably interfering with on employee's work performance or of creating an intimidating, hostile, or offensive work environment. Sexual harassment does not refer to occasional compliments or other behavior of a socially acceptable nature. It refers to conduct that is not welcome, that is offensive,that fails to respect the rights and dignity of others,that lowers morale and that, therefore, interferes with work effectiveness. (d) Complaint Procedure: The goal of a nondiscrimination complaint procedure is to stop discriminatory behavior in a prompt and effective manner,while still maintaining a good working relationship among the � District's employees. All District employees have the right to file complaints of alleged discrimination. The procedure for filing such complaints isosfollows: /l> |nfonno| Complaint: Any employee who has been harassed should attempt immediately to resolve the problem informally by expressing his/her discomfort with � � the behavior of the offender in a constructive manner, and by requesting the � offender to stop the behavior. The District strongly urges use of the informal � complaint procedure, but it is not prerequisite to the filing of formal complaint. (2) Fonno| Complaint: Any employee who believes that he or she has personally suffered unlawful harassment or discrimination, nr one who has learned of such � conduct in his or her official capacity, shall promptly report it either orally or in writing to his/her immediate supervisor, or directly to the Distriict Administration and � Human Resources Manager/Personnel Officer. In making such reports,the employee � need not follow any established chain of supervision, so long as the matter is � � reported to any of the following supervisory ormonageha| employees: a� AdministrmUonand Human Resources &xon��er/P�mVnne| OMicer � � b. AnyPmgrom/Department Manager � C. Any Supervisor � d General � � | � The complaint may bmreferred to person designated by the General Manager to � investigate such complaints, osappropriate. (3) Investigation of Complaint: Upon receipt Vfo complaint cfdiscrimination, the designated investigator will conduct a prompt investigation intotheo|leooMOns. The � investigation may include meeting with the complainant, the accused, and any witnesses to the conduct. � ! 42 � / � Midi. nsula Regional Open Space Di A PERSONNEL POLICIES & PROCEDURES (4) Resolution: Once the investigation is complete,the responsible manager will make a determination of the appropriate corrective action, if any, and will inform the complainant. Written findings shall be made when appropriate. In the event the complainant is not satisfied with the corrective action taken, the responsible manager will inform the complainant of their right to file administrative charges with the Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC). (5) Confidentiality: Throughout the process,the matter subject to the complaint shall be kept as confidential as possible. Materials pertaining to the complaint which do not form a basis for discipline shall be maintained in a file separate from the personnel files of the participants. (6) Dissemination of Policy: Copies of the District's Nondiscrimination Regulations,and of these complaint procedures,shall be provided to all employees of the District upon issuance, and to all new employees at the time of hiring. From time to time, the District may also conduct training for its employees to assist them in learning how to recognize, avoid and correct discriminatory behavior. (e) Obligation of District Employees and Officers The District officer responsible for ensuring the District compliance with this policy is the Administration and Human Resources Manager. Employees are responsible for knowing the District's policy on nondiscrimination; refraining from discriminatory behavior,including harassment;reporting incidents of discrimination in a timely fashion; cooperating in any investigation concerning allegations of discrimination; and maintaining confidentiality concerning any investigation that is conducted. In addition, managers and supervisors are responsible for ensuring that their employees are aware of the District's policy on nondiscrimination; enforcing the District's policy among those they supervise;when discriminatory behavior is found to be occurring,taking prompt, appropriate corrective action that is reasonably designed to make the behavior stop. All employees are also encouraged to communicate with one another to assist co- employees to avoid harassing, discriminatory, or otherwise offensive behavior. SECTION 7.2. CONFLICT OF INTEREST (a) No officer or employee of the District shall be financially interested, directly or indirectly in any contract, sale, or transaction to which the District is a party and which comes before said officer or employee or before the respective P-rog-won-[jtpa.:rtr-nqnt-or Section with which the employee is connected for official action. (b) Any contract, sale, or transaction in which any officer or employee of the District is or becomes financially interested shall become void at the election of the District. SECTION 7.3. OFF-DUTY EMPLOYMENT (a) Employees who wish to perform work during their off-duty hours from District employment must be aware that such work can potentially create problems regarding their position with the District. Off-duty employment is a very sensitive problem for the District due to potential conflict of interest, citizen complaints,and unwarranted liability. Any employee engaging in off-duty employment must understand that dual employment or enterprise may conflict with an employee's responsibility and obligations to the District,reflect criticism or bring discredit 43 Midi. nsula Regional Open Space Di A PERSONNEL POLICIES & PROCEDURES on the employee or the District,jeopardize confidential information concerning the District's activities, add to sick leave or injury liability of the District, or affect the efficiency of an employee in the performance of his or her duties. Any such adverse effects will be reflected in performance evaluations and may have both salary and career implications. Therefore,it is necessary to have a sound,fair, and equitable policy defining off-duty employment and establishing proper procedures for administering this policy as deemed appropriate under the guidelines of the Government Code, Division 4, Title 1, Article 4.7, Section 1125 et seq. (b) To this end,any regular District employee engaged in,or wishing to engage in,outside or self employment must notify his or her supervisor in writing. The supervisor will discuss such outside employment with the employee to insure mutual understanding of potential problems. In the case of conflict of interest,or in the event of current or future marginal performance by the employee at his or her District job, the employee will be required to abstain from such outside employment or to leave the District's employment. When agreements cannot be reached between the supervisor and the employee regarding potential problems from outside employment, the matter will be referred to the General Manager for final resolution. (c) Nothing in this section shall preclude the District and employees from entering into a specific agreement restricting the amount of time and type of employment in which an employee may engage during off-duty hours. (d) Administrative policy guidelines shall be promulgated and periodically updated in order to provide appropriate guidelines to employees and supervisors for considering off-duty employment requests and defining those District positions and restrictions for which more restrictive work agreements may be required. Such guidelines shall be discussed with potential employees before hiring and circulated among all District employees biennially. SECTION 7.4. TRAVEL EXPENSES (a) Use of Private Vehicle-The District will reimburse employees for mileage incurred while using their private vehicles for District business. Reimbursement will be in accordance with approved IRS and administrative policies. (b) Other-The District will reimburse employees,according to approved administrative policies, for expenses incurred while traveling on District business. Employees are responsible for retaining all necessary receipts,completing appropriate travel expense forms,and securing necessary approval signatures for expenses incurred. SECTION 7.5. TRAINING (a) Hours spent in a required and assigned training program class that results in an employee working in excess of the normal forty hour workweek will be compensated at one-and-one- half time overtime/compensatory time off rate. Employees will not be compensated for meal and personal time connected with a training program class. (b) Commute time using a personal or District vehicle in excess of an employee's normal regular commute from home to work and back to home and outside of an employee's normal work hours shall be considered compensate work time. (c) Extended non-vehicular travel associated with a required and assigned training program class will not be considered compensate commute time. (d) Reimbursement for meals,which are not pre-paid,while attending a required and assigned training program class will be made by the District, according to approved administrative 44 Midi. insula Regional Open Space Di -t PERSONNEL POLICIES & PROCEDURES procedures. Employees are responsible for retaining all necessary receipts, completing appropriate forms, and securing necessary approval signatures for expenses incurred. (d) Courses,workshops, seminars or similar type training programs that are not required by the District but are attended voluntarily by a District employee will be evaluated on a case-by- case basis to determine if the attending employee will be compensated for registration fees, lodging, meals, hours spent in attendance, commute time, or any other costs. The evaluation of what costs,if any,the District will cover will be made on the basis of other work priorities, value of the training to the District, and budget. Request and approval for time away from the job and expense reimbursement must be made in advance and in writing. SECTION 7.6. CON FERENCE/CONVENTION ATTENDANCE Decisions concerning an employee's request to attend a conference,convention,or other meeting at the District's expense shall be authorized in advance by the Section and/or P4GgfGn-v-Qtpart ref Manager and approved in advance by the General Manager. Permission shall be granted on the basis of the employee's participation in or the direct relation of the employee's work to the subject matter of the gathering. Members of professional organizations and/or societies may be permitted to attend regular meetings of the organization and/or society when such attendance is considered to be in the best interest of the District. Employees shall not be compensated for time in attendance or travel to and from a conference, convention,or meeting in excess of eight hours per day since employees are not required to attend such activities and since they benefit personally from such participation. SECTION 7.7. REIMBURSEMENT FOR PROFESSIONAL DUES AND MEMBERSHIPS See Administrative Policy- Request for Partial Reimbursement of Professional Dues/Memberships SECTION 7.8. TIME OFF TO VOTE (a) If a voter does not have sufficient time outside of working hours to vote at a statewide election, the voter may, without loss of pay, take off enough working time which, when added to the voting time available outside of working hours,will enable the voter to vote. (b) No more than two hours of the time taken off for voting shall be without loss of pay. The time off for voting shall be only at the beginning or end of the regular working shift, whichever allows the most free time for voting and the least time off from the regular working shift, unless otherwise mutually agreed. (c) If the employee on the third working day prior to the day of election,knows or has reason to believe that time off will be necessary to be able to vote on election day, the employee shall give the employer at least two working days written notice that time off for voting is desired,in accordance with the provisions of this section.Said written notice should explain why the employee does not have sufficient time outside of his or her working hours to vote and should be forwarded to the Administration and Human Resources Manager via the it employee's supervisor. 45 � ��U�� ~ ��U�� U �� APPENDIX�,~~..,, .. CATASTROPHIC ~�~ . , � PROGRAM Catastrophic Leave Prociram � The Catastrophic Leave Program b designed hz assist District employees (called who have exhausted paid time credits due to a serious, catastrophic or debilitating illness,injurynrcondihonof the employee or a member of the employee's immediate family(as defined in Section 6.4(g)). This program allows other District employees (called donating employees) to make grants of time to that employee so that he/she can remain in a paid status for longer period of time, thus partially reducing the financial | impact of the illness, injury orcondition. The grants of time donated to the receiving employee are | / converted to sick leave for use by the receiving employee. Conditions for Receiving Employees There are four criteria for eligibility asm receiving employee. The receiving employee must l. Be o regular full- or part-time District employee; 2. Exhaust all available paid leave time, including sick leave, vacation, personal leave, holiday or holiday bank time, and compensatory time off; 3. Have a sustained,serious or debilitating illness,injury or condition which may need to be verified by a doctor's report,or have a member of the immediate family with a sustained,serious or debilitating � injury, illness or condition which requires the employee's absence from work to care for the family | memmer. | . � 4. Be prevented from returning to work for of least 3O days and have applied for o worker disability or � family care leave of absence without pay. To apply ho be m receiving employee under the Catastrophic Leave Program (see Appendix A)' on employee completes an Application for Catastrophic Leave. The application is submitted to the � Administration and Human Resources Manager for approval. � An employee may be asked to submit supporting medical documentation (i.e., a statement from his/her doctor) with the application. Approval or rejectionfor participation must be made by the Administration and Human Resources Manager within two weeks after the completed application is submitted. An employee may be asked to verify his/her status for continuing eligibility for the program. � If an employee's application is approved to be a receiving employee, the Administration and Human Resources Manager will meet with the employee ur his/her family members tn determine the degree to which the employee's Or family mombe/s catastrophic illness,injury orconditionistobekeptconfidenhoi The Administration and Human Resources Manager will distribute o Donation of Accrued Time Credits form to all full-time and part-time District employees so they can specify donations they wish to make to the receiving employee. � Benefits available to a receiving employee participating in the program will be treated as though the additional sick leave credited to him/her belongs tohim/her. For os long mso receiving employee remains � in a paid status,seniority,sick leave and vacation accrual and all benefits will continue as though the sick � leave were his or hers. � � The total credits received by the employee shall normally not exceed three months;however,if approved � by the General Manager, the total leave credits received may be up to a maximum of six months. Conditions for Donatina Employees � Donations must be made to a specific person on a form signed by the donating employee and submitted � to the Administration and Human Resources Manager. All donation information will be considered � confidential. A donating employee can,if he/she chooses,inform the receiving employee of the donation made. � Employees may donate the following types of accrued time credits: � - ~ ° vacation time ° personal paid leave time ° holiday bank time ° compensatory time off (non+*xemptemployees) ° sick leave--one hour of accrued sick leave maybe donated for every two hours of other types � | of accrued leave time | Donations must be made in one hour increments. There is no limitation on the number of hours that may be donated. The donations will be converted to sick leave time and credited to the receiving employee's sick leave time balance onanhoupfor-hour basis. The pay the receiving employee receives will be at his/her own rate ofpay. | Under any circumstance, donations, once made, are forfeited forever by the donating employee. If the receiving employee returns to work,any time the donating employee(s) has contributed will remain with the receiving employee and not revert tothe donmtin0emp|oyeeh>. |n order fo donate,o Donation of Accrued Time Credits form must be submitted to the Administration and Human Resources Manager for processing. � � � � � � � � � �� REGIONAL OPEN SPACE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-06-109 Meeting 06-21 September 13, 2006 AGENDA ITEM 2 AGENDA ITEM Authorize an Increase in the Contract with Ram Building Ca Structural and Deck Repairs to the Former Hayes Residence at El Sereno Open Space Pr erve fr'6m $91,035 to a Total Authorization Not to Exceed $99,000 GENERAL MANAGER'S RECOMMENDATIONS —- 1. Determine that the recommended action is not a project under the California Environmental Quality Act CE A as set out in this Report. Q Y ( Q ) p 2. Authorize an increase in the contract amount with Ram Building Co. for the structural repairs to the former P Hayes residence at El Sereno Open Space Preserve from $91 035 to an amount Y p not to exceed $99,000. DISCUSSION At your meeting of June 14, 2006 (see Report R-06-69), you authorized the General Manager to execute a contract in an amount not to exceed $91,035, which included a contingency of$8,200, with Ram Building Co., for the repair and replacement of wood decking, deck railings, and the deck's support structure at the former Hayes residence in El Sereno Open Space Preserve. During the removal of the deteriorated deck flooring, the contractor discovered extensive additional dry rot damage to the joists supporting both the upper and lower level decks, and immediately notified staff. Staff met with the contractor and project engineer at the residence, and together determined that additional framing repairs were required to ensure the structural integrity of the deck. These additional repairs include: 1. Sister in new framing for five (5) main-level deck joists. 2. Sister in framing for five (5) lower level deck joists. 3. Replace all the main-level front deck joists and the rim joist. 4. Replace the glass sliding door with a window on the main-level at the north end of the structure where the decking will be permanently removed. These repairs were not within the scope of the original contract, but are now recommended by the consulting engineer as necessary tasks to restore structural integrity and safety to the residence. The cost of these additional repairs is estimated to be $12,794, bringing the total expected project cost to $96,429. R-06-109 Page 2 Because all areas of potential dry rot damage to the structure have now been exposed, and the full scope of required repairs assessed, the contractor has assured staff that no significant additional repairs are required to complete this project. Even with this assurance, staff is recommending that the Board authorize an increase in the total contract to $99,000 to provide an additional contingency of$2,571 for any additional minor changes. With the additional authorization, the total cost of the project is significantly less than that of this project's other initial bid of$121,128. It is anticipated that this project will be completed before the end of September. Funding Real Property has previously budgeted $50,000 for this project. Additional funds will come from either Department savings or, if necessary, a mid-year budget adjustment. CEQA COMPLIANCE Project Description The project consists of additional structural work at the former Hayes House at El Sereno Open Space Preserve. CEQA Determination This change order authorization is a minor alteration to the scope of a previously approved project, which does not change the project in a manner that would result in any additional potentially significant impacts to the environment. The CEQA findings made at the June14, 2006 meeting, where the project was determined to be categorically exempt from CEQA, remain applicable to the project. Prepared by: John P. Dickey, Real Property Specialist Michael C. Williams, Real Property Manager Contact person: Michael C. Williams, Real Property Manager Regional Open Space 3 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-06-110 Meeting 06-21 September 13,2006 AGENDA ITEM 3 AGENDA ITEM Approval of Salary Adjustment for the Controller and Approval of Amendment to Controller's Employment Agreement AD HOC BOARD APPOINTEE EVALUATION COMMITTEE'S RECOMMENDATIONS 1. As a result of the Board's evaluation of the Controller's performance for the Fiscal Year 2005- 2006,the Ad Hoc Board Appointee Evaluation Committee recommends a salary increase of 3 points per annum retroactive to April 1,2006. 2. Adopt the attached resolution approving the Amendment to the Controller's Employment Agreement to reflect an adjusted salary of$17,551.04 per annum. I DISCUSS ON II i August 23 2006 meeting valuation of the Controllers performance at is The Board conducted its annuale p gu , g and was extremely pleased with Mike Foster's performance and service to the District. The Ad Hoc Board Appointee Evaluation Committee,composed of Directors Cyr,Hanko,and Siemens,was instructed to serve as the District's negotiator and was directed by the Board to meet with the Controller to review his compensation. The Controller's Employment A Agreement calls for an annual performance review and consideration of g any proposals by the Board or the Controller to modify or amend the Agreement. It is also possible for the Board to award a salary adjustment and grant a meritorious award of up to 5%. However,the Controller requested that he not be awarded a meritorious increase,even though the Board felt he deserved consideration for this award. The Committee recommends that,based on the Controller's past performance,the Board approve a salary adjustment for the Controller of 3 points,the same adjustment received by other District employees, increasing his annual salary to$17,551.04 retroactive to April 1,2006. While Board appointees are not formally part of the District's"step"or point system,this system will be used to calculate the recommended salary adjustment in order to have a uniform method of calculating salary adjustments. Prepared by: Ad Hoc Board Appointee Evaluation Committee Directors Cyr,Hanko and Siemens Contact person: Jed Cyr,President i RESOLUTION NO. 06- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING A FISCAL YEAR 2006-2007 SALARY ADJUSTMENT FOR THE CONTROLLER AND APPROVING THE AMENDED CONTROLLER EMPLOYMENT AGREEMENT WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District entered into a new Agreement, dated October 13, 2004,with Michael L. Foster,employing him as the District Controller; and WHEREAS, the Agreement provides for an annual review of Controller's performance and an annual compensation review,which the Board has completed; and WHEREAS,the Board desires to adjust Controller's annual compensation to include a three point salary adjustment, increasing his salary to $17,551.04 per year retroactive to April 1,2006; NOW,THEREFORE,BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does authorize the President of the Board of Directors to execute the attached First Amendment to the District Controller Employment Agreement which incorporates an increase in the Controller's salary to$17,551.04 per annurn based on a three point cost of living salary adjustment,retroactive to April 1,2006. . ^ FIRST AMENDMENT TO DISTRICT CONTROLLER EMPLOYMENT AGREEMENT This Amended Employment Agreement(`A im made and entered into this |3yday of September, 2006, by and between Midpeninsula Regional Open Space District, a California public agency ("District"), and K4iuhue| L. Foster("Controller"). � NOW, THEREFORE, lTlS AGREED ASFOLLOWS: / i | l Designation of District Controller M|CHABL L. FOSTER is hereby�appoirted and employed �Cm�|�� District. ' 2. Powers and Duties &) The Controller's powers and duties shall be as specified in Sections 5538, 5552 and 5553 of the Public Resources Code of the State of California; and B) All duties, povvcm` and responsibilities as provided in the District Class Specification for this � position; and � C) Such other duties umthe Board ofDirectors may direct consistent with the District's enabling � legislation. � 3. Compensation and Benefits � Compensation and benefits shall beuy set forth herein. � 8) 8ukun. Am compensation for the services<obe performedhereunder,the Controller shall receive u salary u1 the rate of$l7,55|.O4 per calendar year. I}) The Board mhu|| annually review the Controller's performance and consider an annual salary adjustment for the Controller. Any � such annual salary adjustment may retroactively applied to the beginning o[the District's � fiscal year, /lp,i| l* , . � C) Meritorious Pay. The Board muy grant the Controller umeri�rinuy pay award, ranging from � 0%to 5%, over and above the Controller's annual salary and in addition to consideration of a possible annual salary adjustment increase. Such meritorious pay award uhu|| br based onthe � Board's annual review of the Controller's performance. Meritorious Pay shall not heusalary � � adjustment, but rather recognition for exceptional performance during the previous year of � service which exceeds regular and expected duties, such as complex or time-consuming | � special projects. | l]) Benefits. The Controller shall not receive any District benefits. � � � 4. Termination � The Controller serves o1 the pleasure of the District Board of Directors and may bedischarged without cause and without right o[appeal of any kind. The Controller may tenninu1e this � &�rcementuponmist� (6O) dayo` wri�ennodcutothc0iybiut� � � � � � � ^ | � � � 5. Entire Agreement This instrument contains the entire agreement of the parties and may be changed only by an agreement in writing signed by the parties hereto. 6. Effective Waiver No waiver by a party of any provision of this Agreement shall be considered a waiver of any other provision or subsequent breach of the same or of any other provision, including the time for performance of any such provision. The exercise by a party of any remedy provided in this Agreement or at law shall not prevent the exercise by that party of any other remedy provided in this Agreement or at law. 7. Supercedes Agreements This Agreement supercedes any and all previous employment agreements and amendments thereto entered into by and between the District and the Controller. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the District Controller Employment Agreement effective this 13 1h day of September 2006 at Los Altos, California. MIDPENINSULA REGIONAL OPEN CONTROLLER: SPACE DISTRICT: By: Jed Cyr, President Michael L. Foster Date: Date: ATTEST: Sally Rice, District Clerk 2 ' Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT i R-06-112 Meeting 06-21 September 13,2006 AGENDA ITEM 4 AGENDA ITEM Approval of Salary Adjustment and Meritorious Pay Award for District General Counsel and Approval of Amendment to District General Counsel's Employment Agreement AD HOC BOARD APPOINTEE EVALUATION COMMITTEE RECOMMENDATIONS I. As a result of the Board's evaluation of the General Counsel's performance for Fiscal Year 2005- 2006,the Ad Hoc Board Appointee Evaluation Committee recommends a 5%meritorious pay award based on the General Counsel's performance and a 3 point cost of living salary adjustment for Fiscal Year 2006-2007,retroactive to April 1,2006. 2. Adopt the attached resolution amending the District General Counsels Employment Agreement to reflect an adjusted salary of$150,581.60 and approving a 5%meritorious pay award totaling $7,310.06. DISCUSSION The Board conducted its annual evaluation of District General Counsel's performance and compensation for the position at its August 23, 2006 meeting. The Ad Hoc Board Appointee Evaluation Committee, composed of President Cyr and Directors Siemens and Hanko,met with the District's General Counsel to review her compensation. The District General Counsel's current annual salary is $146,201.12. Based on the General Counsel's performance and evaluation,the Committee recommends the Board approve a salary adjustment for District General Counsel as follows: a cost of living adjustment(COLA)of 3 points,which is the same COLA received by all District employees for Fiscal Year 2006-2007.Although Board appointees are not formally part of the District's"point"system, this method will be used in order to have a uniform method of calculating salary adjustments. The General Counsel's adjusted annual salary would therefore be $150,581.60 retroactive to April 1, 2006. Based on the Board's review of District General Counsel's performance during the past fiscal year,the Committee also recommends that a 5%meritorious pay award$7,310.06 be granted. This award is not a salary adjustment,but rather is granted as a one-time award in recognition for performance for her year of service during Fiscal Year 2005-2006. The Board is very pleased with District General Counsel's outstanding performance during the past year. Significant accomplishments of the Legal subprogram have included: LITIGATION AND REGULATORY PROCEEDINGS • CITIZENS FOR RESPONSIBLE OPEN SPACE V. MROSD This litigation sought to void LAFCo's approval of the District's annexation of the San Mateo Coast. The lawsuit focused on the legality of the protest process and whether LAFCo and the San Mateo County Elections Division properly invalidated protests. On August 24,2006,the court issued a decision upholding the validity of the annexation. The District has successfully defended three legal challenges to the Coastside Protection Program. • FOGARTY V. MROSD In this lawsuit,the plaintiffs assert a right to an access easement over Coal Creek Open Space Preserve and a right to improve a pre-existing road on a conservation easement the District holds over a portion of their property. District legal counsel was able to obtain title insurance coverage on this matter and is working closely with outside counsel as this lawsuit proceeds to trial. • SARATOGA COUNTRY CLUB V. MROSD This lawsuit sought to abate the District's Fremont Older Open Space Preserve staging area as a nuisance and as operating in violation of Santa Clara County's Zoning Ordinance. The District's demurrer was granted in part. As a result,the plaintiffs agreed to dismiss their lawsuit without prejudice in July 2006. The parties agreed to share the cost of a feasibility study of building a new lot,potentially on Club property. Counsel was able to obtain CJPIA insurance coverage for the major portion of litigation costs so that the total amount of legal fees was approximately$9,000. • ZEMBSCH V. MROSD This lawsuit sought to challenge the bid award for the staging area and demolition phase of the Pulgas Ridge Open Space Preserve Staging Area and Trail project. In February 2006, Counsel was able to settle the suit for$5,500. The more important goal was to protect both the project and the$157,000 grant for the project from challenge. The project and grant funds were protected and the project was able to proceed on schedule and was completed. • NRDA PROCEEDINGS in the GUADALUPE RIVER WATERSHED The federal court approved the final and fully executed NRDA consent decree in November 2005. On August 91h, the Board approved the required predator control program at Ravenswood OSP to fulfill its NRDA obligations in the amount of$55,000. This was an excellent result in a regulatory proceeding that began as a very serious financial risk to the District. • VANDEWEGHE V. MROSD This lawsuit challenged the validity of a District access easement over property adjacent to the Bishop-Krone area of El Sereno Open Space Preserve. The title company defended the District and worked closely with staff and District counsel to prepare for and litigate the case. The Superior Court ruled in the District's favor. Plaintiffs appealed. In February 2006,the Court of Appeals affirmed the judgment in favor of the District on all grounds. COASTSIDE PROTECTION PROGRAM The General Counsel provided legal advice and drafting of the transactional documents to purchase the first District properties on the Coast. These included the POST former Forde, Miramontes, Rapley Ranch, Portola Lookout, and Driscoll Ranch properties. Counsel assisted the Real Property Department in developing new land purchase procedures to insure compliance with the Coastside Service Plan's requirements and LAFCo's Conditions of Approval. Counsel assisted in preparing the Mitigated Negative Declaration for the POST Driscoll Ranch purchase and assessment of pertinent environmental issues. REAL PROPERTY • Provided legal advice to the Real Property Department on major land purchase and management agreements as reported in the Evaluation of the Action Plan for 2005-2006 Fiscal Year received by the Board on June 14,2006. This involved about 4800 acres, including the POST Driscoll Ranch property. Key projects were the coast purchases and completion of a fee and easement exchange with Hanson Quarry adjacent to Rancho San Antonio Open Space Preserve. • Advised Real Property on various grant applications, including the coast properties. • Advised Real Property on various encroachment, land protection, and property rights issues. • Assisted in administering and operating the Guadalupe Land Company Corporation and secured continued pro bono legal assistance from Wilson, Sonsini,Rosati and Goodrich to assist the District in this task. PLANNING • A key project with Planning continued to be the Coastside Protection Program. Planning worked with Counsel in preparing briefs for the Coast lawsuit. In addition,Counsel worked with Planning on the Pulgas Open Space Preserve staging area and trail project,particularly the bidding bid protest issues, and the POST Driscoll ranch property environmental documents. OPERATIONS • A key goal for Counsel is resolving the extent of District peace officer authority off District lands and outside the District's boundaries. The completion of this project was put on hold awaiting the outcome of ongoing litigation in the City of Del Mar. This is a key project for 2006-2007. The City's litigation has concluded. District Counsel is now able to complete the request for an Attorney General's Opinion to help resolve this issue. ADMINISTRATION • Provided legal advice concerning personnel and disciplinary matters; assisted the Department in fulfilling the District's obligations to County Fire and the La Honda Pescadero School District under MOU's with these agencies by submitting the required semi-annual reports and fees and completing required fiscal analyses for the first coastal acquisitions. • Worked with Legislative,Funding and Public Affairs Committee to develop an Electronic Communications Policy,which was approved by the full Board in August 2005. This Policy will help Board Members, the public, and staff communicate electronically in an improved and more legally appropriate manner. Submitted by: Ad Hoc Board Appointee Evaluation Committee (President Cyr and Directors Hanko and Siemens) Contact person: Jed Cyr, President RESOLUTION NO. 06 - A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING A SALARY ADJUSTMENT AND MERITORIOUS PAY AWARD FOR DISTRICT GENERAL COUNSEL AND APPROVING A SECOND AMENDMENT TO THE DISTRICT GENERAL COUNSEL'S EMPLOYMENT AGREEMENT WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District entered into a District General Counsel Employment Agreement ("Agreement"), dated August 25, 2004, with Susan M. Schectman, employing her as the District's General Counsel; and WHEREAS, the Agreement provides for an annual review of District General Counsel's performance and an annual compensation review; and WHEREAS, the Board desires to adjust the General Counsel's compensation to include a 3 point cost of living adjustment, increasing her salary to $150,581.60 per calendar year retroactive to April 1, 2006; and WHEREAS, the Board, based on its annual review of General Counsel's performance, desires to grant her meritorious pay of 5% or $7,310.06 over and above General Counsel's salary in recognition of her outstanding performance g erformance during the previous year of service; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does hereby authorize the President of the Board of Directors or other appropriate ro riate officer to execute the attached Second Amendment to the District Gen eral Counsel Employment Agreement on behalf of the Midpeninsula Regional Open Space District to increase the General Counsel's salary to $150,581.60 per calendar year based upon a 3 point cost of living adjustment retroactive to April 1, 2006; and BE IT FURTHER RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does grant District General Counsel, by adoption of this Resolution, a 5% meritorious pay award in the amount of$7,310.06 over and above District General Counsel's salary for meritorious service in Fiscal. Year 2005-2006. SECOND AMENDMENT TO DISTRICT GENERAL COUNSEL EMPLOYMENT AGREEMENT WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District entered into that certain District General Counsel Employment Agreement ("Agreement"), dated August 25, 2004, with Susan M. Schectman, employing her as the District's General Counsel; and WHEREAS, the Agreement provides for an annual review of District General Counsel's performance and compensation; and WHEREAS, the Board has completed its annual review and desires to adjust the General Counsel's current compensation to include a 3 point cost of living adjustment increasing her salary to $150,581.60 per calendar year, retroactive to April 1, 2006. NOW, THEREFORE, the parties agree that the Agreement shall hereby be further modified as follows: 1. Section 5. A., is hereby amended to read as follows: A. As compensation for services to be performed hereunder, Attorney shall receive an annual salary at the rate of$150,581.60 per calendar year, retroactive to April 1, 2006. It is further agreed that in all other respects the Agreement is unmodified and shall continue in full force and effect. In witness thereof, the parties have executed the Amendment this 13th day of September, 2006. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Jed Cyr, President Susan M. Schectman Board of Directors District General Counsel Date: ' Date: ATTEST: Sally Rice, District Clerk Date: DF Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-06-113 Meeting 06-21 September 13, 2005 AGENDA ITEM 5 AGENDA ITEM Approval of Salary Adjustment and Meritorious Pay Award for the General Manager and Approval of Amendment to General Manager's Employment Agreement AD HOC BOARD APPOINTEE EVALUATION COMMITTEE'S RECOMMENDATIONS 1. As a result of the Board's evaluation of the General Manager's performance for the period of March 10, 2005 through March 9, 2006 and compensation review for the position, the Ad Hoc Board Appointee Evaluation Committee recommends a 5% meritorious pay award based on the General Manager's performance, and a 3.0 point cost of living salary adjustment for Fiscal Year 2006-2007 retroactive to March 9, 2006. 2. Adopt the attached resolution amending the General Manager's Employment Agreement to reflect an adjusted salary of$163,090.72 and approving a 5%meritorious pay award totaling $7,899.87. 3. Direct the Ad Hoc Committee to review information to be gathered by Human Resources on additional benefits provided to appointed executive management staff of comparable agencies and make subsequent recommendations to the full Board of possible additional benefits for Board appointees, so that the District remains competitive in this area of the labor market. DISCUSSION The Board completed its annual evaluation of the General Manager's performance and compensation for the position at its August 23, 2006 meeting. The Ad Hoc Board Appointee Evaluation Committee, composed of Directors Cyr(Chair), Hanko and Siemens, met with the General Manager to review his compensation. The District General Manager's current salary is $157,997.48 annually. Based on the General Manager's performance, the Committee recommends that the Board approve a Cost of Living (COLA) salary adjustment for the General Manager of 3.0 points, which is the same COLA received by all District employees for Fiscal Year 2006-2007. Although Board appointees are not formally part of the District's "Point" System, this method will be used to assure a consistent method of calculating salary adjustments. This increase should be retroactive to March 9, 2006,the anniversary date for his Employment Agreement. The Employment Agreement calls for an annual salary review and contemplates a R-06-113 Page 2 determination of an adjustment each anniversary date; therefore, a retroactive date for this adjustment is appropriate. Based on the Board's review of the General Manager's performance during the evaluation period, the Committee also recommends that a 5% meritorious pay award($7,899.87) be granted the General Manager. This award is not a salary adjustment, but rather is granted as a one-time award in recognition for performance during his year of service from March 10, 2005 through March 9, 2006. The Board is very pleased with the General Manager's outstanding performance during the past year. Significant District accomplishments, in which the General Manager was directly involved, included the following: • Five Year MOU. Taking into account the previous meetings that management conducted with staff on retiree medical programs of the District (which was recognized as a weakness in the District's benefit package), the comparable agencies' substantial movement on retirement enhancement, and a need to share increasing current health benefit costs with the employees (which was recognized as timely, and necessary in the labor market), an agreement was reached with represented staff that packaged these benefit enhancements over a 5-year period to satisfy the desires of the employees, the requirements of the Board, and keep the District well positioned in the labor market. Comparable benefit enhancements were approved for the office, supervisory, and management employees to accomplish the same goals. • Resource Management Workshops. District staff with a consultant, provided an intelligent and engaging public forum for the Board to address overall policy issues and direction related to resource management. As a result, two very successful workshops were developed, the first of which included representatives from 5 outside agencies with similar programs, management capabilities, and available funds (these representatives were chosen out from some 20 agencies that were reviewed, including in-depth interviews of the most relevant groups by ESA). The first workshop was held on Friday March 3, 2006, was facilitated by ESA, and was well attended by the public and representatives of other agencies in the area. The panel included Santa Clara County Parks, East Bay Regional Park District, Boulder County Colorado Parks, Marin Municipal Water District and Golden Gate National Recreation Area. The workshop was very well received and provided a forum for the Board to ask questions about the various resource management program areas that were presented by the panelists. The second workshop was held on the following day, Saturday, March 4, 2006, was also facilitated by ESA and gave the Board members a chance to express their opinions about the information and ideas presented at the previous workshop and how that might transfer into action for the District, as we embark on an enhanced resource management program. After that, the Board was provided with direct notes taken by ESA at the first workshop and a final report on all of the information gathered as a result of the interviews, workshops and discussions. Staff has since returned to the Board with a method of providing information on monthly resource management efforts, an agreed upon summary of the ideas gathered from the process for staff to consolidate, group, and provide the Board additional information on possible timing, staffing and budget estimates, and a process for implementation, as desired by the Board. Also discussed was a timetable for returning to the Board with the balance of the Resource R-06-113 W Page 3 Management Policy decisions, and subsequent 5-year Resource Management Strategic Plan development in order to launch the District's enhanced program. This additional information was provided to the Board in two pre meeting follow-up study sessions on resource management. • Special District's Forum. This past year, the District co-sponsored the Special Park District's Forum with East Bay Regional District. The District's contribution, especially Thursday, May 18, 2006 (which was MROSD day) was exceptional. We were able to showcase the newly annexed Coastside Protection Area, with an overview from Mills Creek Open Space Preserve (partly in thanks to former Board Member Deane Little's panorama photograph that staff thought to have him take a few weeks before just in case of dense fog - which didn't disappoint us), a talk at a great outdoor lunch at the Mountain Terrace at Sky Londa by Audrey Rust about the completion of POST's incredible $200 million fundraising campaign to "Protect the Endangered Coast," a talk at the Driscoll Ranch property about our future Master Plan for La Honda Creek Open Space Preserve, at a time of year when the property was described by a participant as " the most beautiful and picturesque" property they had ever seen, then on to Pomponio State Beach for s'mores (where some participants put their toes in the Pacific Ocean for the first time in their lives); we continued on to Cowell State Beach to view the first POST agricultural preservation effort with a talk by Walter Moore, executive Vice-President, and a finale dinner at the San Benito House in Half Moon Bay, which included the General Manger's presentation about long-range planning and our experience with land preservation initiatives for future generations based upon constituent polling. • Hanson Quarry Exchange. Since 1977, when the District first acquired the 80-acre Roman Catholic Church property from the San Francisco Archdiocese, as part of a 3-way transaction with the County of Santa Clara and the City of Sunnyvale to create Rancho San Antonio County Park, a field review revealed a probable encroachment on the southwest corner by the then Kaiser Quarry operation. Since that time, the District has worked on the possibility of a land exchange that would permanently protect the most critical areas of the now Hanson Quarry property, including: 1) the Power Line Trail (which is a major part of the District's trail system at Rancho San Antonio Open Space Preserve, but exists only under an unchallenged public prescriptive use), 2) the trail connecting the Power Line Trail to Black Mountain Trail, which although not officially mapped by the District, is known to many users as a well traveled "short cut," and 3) a 46-acre portion of the ridge at the end of Monte Bello Road that is already assumed to be part of the Monte Bello Open Space Preserve (and in fact has several transversing District trails). This exchange idea was reiterated to Kaiser and then to Hanson over the years, and finally, recent serious negotiations took approximately two years. A problem about viewshed intrusion was solved by a $2 million financial guarantee, should there be further slope degradation after Hanson finishes with their anticipated repair of the area under a required County permit. This matter was brought to the Board at the meeting of July 12, 2006, and after the contingencies are met, we expect that escrow will close before the end of the calendar year. R-06-113 Page 4 • Palo Alto Foothills Park Regional Trail. With the Santa Clara County Parks and Coastal Conservancy grants toward the purchase of the POST (former Bressler) property as an addition to Palo Alto's Enid W. Pearson--Arastradero Preserve, the regional trail connecting through Foothills Park (previously closed to non-City residents) became a condition of the $2 million in grants to Palo Alto. At the meeting of July 12, 2006, we approved an amendment to the Use and Management Plan for Los Trancos Open Space Preserve, which formally enabled this critical regional trail connection. It is expected that the initial connector trail will be built on District land this year, as the formal trail already exists in Foothills Park. This has been an important trail connection since the District's formation in 1972. • POST Projects. The District completed several highly desirable land purchase projects with Peninsula Open Space Trust, including: 1) the District acquired the POST (Rapley Ranch) 15 1-acre property next to Russian Ridge (for which the District obtained a $500,000 grant from the Habitat Conservation Fund), and which, based upon the appraised value, included a $3,000,000 gift to the District; 2) the District purchased the 676-acre POST (Miramontes) property, which included a $2,050,000 grant from the Coastal Conservancy, resulting in a $2,598,000 gift to the District (again based upon the appraised value); 3) purchase of the 50-acre Comas property next to Long Ridge Open Space Preserve at the fair market value of$600,000; 4) the District entered into a Management (and Purchase) Agreement for the POST (Forde) property in order to give the District a chance to submit a grant request to the Habitat Conservation Fund, which was approved in the amount of$500,000 as a part of the July 1, 2006 State Budget); 5) in addition POST purchased the former Beffa 320-acre property, and the adjacent 240-acre former DeCesare property, as both properties are key pieces of the future trail connection from Purisima Creek Redwoods Open Space Preserve to the California Coastal Trail (which is in the approval stage). • Driscoll Ranch. One of the most outstanding projects involving POST was the contract to purchase the former Driscoll Ranch property (approved by the Board in January 2006). This is not only the largest purchase in the District's history at 3,681 acres, but it also involves the largest gift/grant to the District, as the $9 million purchase price of the property was based upon an appraised of$25 million, or a gift/grant of$16 million. The final details of completing the purchase are proving to be complicated and are still in process with the plan of closing escrow before the end of the calendar year. This land purchase will have to come back to the Board for some final amendments to the transaction before close of escrow. • Stevens Canyon Ranch. Another great project was the POST purchase of the Jones- Becker (Stevens Canyon Ranch) property for $6 million. Since POST's purchase, the District has entered into a Lease and Management Agreement for the property, which put the District over 50,000 acres of protected land (this is the location where we also had a successful celebration). We are now working with Santa Clara Valley Water District to help provide funding in order to protect the major riparian corridors as a part of the required mitigation program under their recent storm-water assessment district. In addition, we have been awarded a Coastal Conservancy, San Francisco Bay Area R-06-113 Page 5 Conservancy Program grant of$500,000, and that amount together with $1.25 million in Proposition 40 (2002 State Park Bond Act) Roberti-Z'berg grant funds will yield an expected net purchase price of$3.25 million. A final purchase agreement should be before the Board prior to the end of the calendar year. • Santa Clara County. County Parks provided a 50% matching grant ($550,000 of the $1,100,000 purchase price) for the former Hall property that the District purchased on the north side of Stevens Canyon to help complete the trail connection between Lower Stevens Creek County Park (and Picchetti Open Space Preserve) and Upper Stevens Creek County Park (and Saratoga Gap Open Space Preserve). The District continues to have an understanding with the County to contribute $200,000 toward purchase of the former Lobner property in Stevens Canyon, which will be paid upon completion of the lot-line adjustment process. This will leave a one-property gap in this long anticipated major regional trail. • Legislation. Senator Joe Simitian's office once again assisted the District's in extending the $325,000 Habitat Conservation Fund Grant for the Lobitas Creek Property addition to Purisima Creek Redwoods beyond the 5-year deadline (for a third year). The District could not complete the project because the property purchase was complicated by its location in the Coastal Protection Area. Staff anticipates that this purchase will come before the Board prior to the end of the calendar year. • San Mateo County Ridge Trail. As a direct result of collaboration efforts with San Mateo County Parks, a Ridge Trail realignment and extension on the East side of Skyline Boulevard from Kings Mountain Road northerly to State Highway 92, through lands of the County of San Mateo (Huddart County Park), GGNRA (the Phelger Estate), San Francisco Water Department lands and the District's Mills Creek Open Space Preserve is underway. We have secured an initial grant from the Ridge Trail Council for $20,000 toward the $40,000 cost of an initial alignment study that will be a part of the County's Master Plan study for Wunderlich and Huddart Parks (the balance of the money will be split between the District, the County and GGNRA). This is an exciting first step and you will hear more about this project as the County progresses with the planning study. • Not-So Annual Conference. The District co-sponsored the very successful tenth "Not-So- Annual" Conference of the (Public Resources Code of the State of California, Section 5500 et seq.) Parks and Open Space Districts, which was co-hosted by the Monterey Peninsula Regional Park District and held in Monterey. • 50,000" Acre Celebration. Another celebration that was very important to the District was achieving the 50,000 acres preserved mark. This is an event was celebrated at Stevens Canyon Ranch, as mentioned above, and proved to be very successful. e Bay Area Open Space Council. The General Manager continued as a member of the Executive Committee and regular participant in the Bay Area Open Space Council. R-06-113 Page 6 Maior District Accomplishments: (Also refer to the Action Plan Evaluation for the 2005- 2006 Fiscal Year, Dated June 14, 2006). Included below are some of the additional highlights by department. Administration Department: • The District hired for 60 positions (including 5 promotions, 30 seasonals, 4 interns, 3 temporary and 18 permanent staff) over the last 15 months. This year's turnover rate was 12.10% (last year the turnover rate was 10.12%, and the previous year was 11.5%). • The Workplace Enhancement Plan (WEP) implementation is ongoing, with regular department meetings, as well as individual meetings and an ongoing WEP evaluation system incorporating a review at each Management Team Meeting. There are also departmental meetings and interdepartmental meetings that follow to increase communication opportunities. Additionally, "one-on-one" meetings are scheduled within each department (including weekly one-on-one meetings with all Department Managers by the General Manager). Managers and administrative staff attend field staff meetings on a regular basis. General staff meetings at the administrative office are held on a bi-weekly basis. There were several employee-wide surveys conducted, including: 1) Evaluation of the 2005 Staff Recognition and Safety Fair; 2) Evaluation of the annual State of the District meeting at the Presentation Center next to Bear Creek Redwoods Open Space Preserve; and 3) Staff s input on the performance evaluation system. Several comprehensive e-mails were forwarded to all staff on Board Meeting Summaries, and other matters of interest, the latest being the resignation of Deane Little from the District Board of Directors. There was also ergonomic training to assess and reduce injury, and Influencing Skills training for new employees and risk reduction training. Real Property Department: o The District's preserved lands now total 51,019.04 acres. o Approximately 1,200 acres of new open space land was purchased over the last year. Operations Department: • The Operations Manual was completed after many meetings with field staff and "meet and confer" sessions with the represented leaders. • The draft final consultant report on "Improvement of the (Disrtict's) Two-Way Radio Communications System" is being review and analyzed for presentation of options to the Board. • The Land Management Cost Evaluation and Efficiency Study was launched. R-06-113 Page 7 • The new SODS and Slender False Brome programs that were approved by the Board are well underway. Public Affairs Department: • The Good Neighbor Policy Review is nearing completion. • The District got excellent press coverage on the False Slender Brome program and on the release of the biological (weevil release) Star Thistle control program. • The District now has volunteers from the San Mateo coast: five Volunteer Trail Patrol members were recruited from Montara, Half Moon Bay and the La Honda areas and 23 Coastside residents now receive Volunteer News, the District's volunteer newsletter. Planning Department: ICI • Completed the Pulgas Ridge Open Space Preserve staging area and public access improvement project. • Year three of the El Corte de Madera Creek Open Space Preserve Watershed Protection Program is nearly complete, with upgrades on Timberview and Gordon Mill Trails, four pedestrian bridges and trails were engineered, with a scheduled bid opening for bridge purchase in anticipation of installation next year. • Completed a road and trail inventory for District lands located within the San Gregorio and Pescadero Creek watersheds. Submitted by: Ad Hoc Board Appointee Evaluation Committee (Directors Cyr, Hanko and Siemens) Contact person: President Jed Cyr RESOLUTION NO. 06- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING 2006-2007 SALARY ADJUSTMENT AND MERITORIOUS PAY AWARD FOR THE DISTRICT GENERAL MANAGER AND APPROVING AMENDMENT TO DISTRICT GENERAL MANAGER EMPLOYMENT AGREEMENT WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District entered into a District General Manager Employment Agreement("Agreement"), dated August 25, 2004, with L. Craig Britton, employing him as the District's General Manager; and WHEREAS, the Agreement provides for an annual review of the General Manager's performance and an annual compensation review, which the Board has completed; and WHEREAS, the Board desires to adjust the General Manager's compensation to include a 3 point cost-of-living salary adjustment, increasing his salary to $163,090.72 per calendar year retroactive to March 9, 2005; and WHEREAS, the Board,based on its annual review of Britton's performance, desires to grant him meritorious pay of 5% or$7,899.87 over and above Britton's salary in recognition of his outstanding performance during the previous year of service. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does hereby authorize the President of the Board of Directors or other appropriate officer to execute the attached Second Amendment to the District General Manager Employment Agreement on behalf of the Midpeninsula Regional Open Space District to increase the General Manager's salary to $163,090.72 per calendar year based upon a 3.0 point cost of living adjustment retroactive to March 9, 2005; and BE IT FURTHER RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does grant the General Manager by adoption of this resolution a 5% meritorious pay award in the amount of$7,899.87 over and above the General Manager's salary for meritorious service in Fiscal Year 2005-2006. SECOND AMENDMENT TO DISTRICT GENERAL MANAGER EMPLOYMENT AGREEMENT WHEREAS,the Board of Directors of the Midpeninsula Regional Open Space District entered into an Employment Agreement("Agreement"), dated August 25, 2004, with L. Craig Britton employing him as the District's General Manager; and WHEREAS, the Agreement provides for an annual review of the General Manager's performance and an annual compensation review; and WHEREAS, the Board has completed its annual review and desires to adjust the General Manager's current compensation to include a 3.0 point cost of living adjustment increasing his salary to $163,090.72 per calendar year retroactive to March 9, 2005. NOW, THEREFORE, the parties agree that the Agreement shall hereby be modified as follows: 1) Effective retroactively to March 9, 2006, Section 3(A) is hereby amended to read as follows: (A) Salary. As compensation for the services to be performed hereunder, General Manager shall receive a salary at the rate of$163,090.72 per calendar year. District's Board of Directors (the "Board") shall review General Manager's performance and salary annually. It is further agreed that in all other respects the Agreement is hereby ratified and reaffirmed. In witness whereof, the parties have executed the Amendment this 13th day of September 2006. By: Jed Cyr, President L. Craig Britton, General Manager Board of Directors Date: Date: ATTEST: By: Sally Rice, District Clerk Date: Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-06-116 Meeting 06-21 September 13, 2006 AGENDA ITEM 6 AGENDA ITEM Resolution Supporting Proposition 84 GENERAL MANAGER'S RECOMMENDATION Adopt the attached Resolution supporting Proposition 84—the Clean Water,Parks and Coastal Protection Act. DISCUSSION At your June 14, 2006 meeting you passed a Resolution Supporting the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Act of 2006. At the time, this measure was being considered for the November 2006 election and since then proponents have succeeded in placing it on the ballot with the official designation"Proposition 84." Therefore, it is now appropriate for the Board to pass a resolution supporting the measure that voters will decide on in a few weeks time. Proposition 84 is a $5.4 billion bond measure on the November 2006 statewide ballot that would provide critically needed funds to ensure the availability of safe drinking water, improve local water supply reliability, strengthen flood protection, and preserve California's natural landscapes, including parks, open space, rivers, beaches, bays, ocean and coastline. In the Bay Area, Proposition 84 will fund water and land-related programs and projects to improve our drinking water quality, invest in innovative water management strategies, shore aging levees in the San Francisco Bay-Delta, fund local flood control projects, restore salmon runs, purchase new parks and open space, protect and restore Bay wetlands and other habitat, and protect California's coast and ocean. The District would be able to participate in programs funded by this bond. Prepared by: Rudy Jurgensen, Public Affairs Manager Contact person: L. Craig Britton, General Manager RESOLUTION NO. 06- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO SUPPORT PROPOSITION 84 -THE CLEAN WATER, PARKS AND COASTAL PROTECTION BOND ACT OF 2006 WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District recognizes the importance of protecting California's natural resources; and WHEREAS, California is facing many challenges, including enormous population growth in the coming years, with 25 million new residents expected by 2040, and this anticipated population growth is outpacing the state's investment in infrastructure; and WHEREAS, current funding for natural resources and environmental protection programs is critically low at less than 1% of the overall state budget; and WHEREAS, California's economic future and public health and safety depend on investments in clean and safe drinking water, flood control, access to parks and open space, and protection of the state's rivers, streams, bays, and coastline; and WHEREAS, voters have passed a series of resource bond measures since 1996 to support critical program areas, including water quality and supply, flood control, state and local parks projects,pollution control projects, and air pollution mitigation to fill the enormous backlog of resource infrastructure needs in California; and WHEREAS, current bond funds will run out as early as 2006 and critical programs will go unfunded and, in order to keep pace with new challenges and a rapidly growing population, additional infrastructure investments will be necessary; and WHEREAS, further investments must be made now to ensure that all Californians will have access to safe drinking water,be better protected from floods, and will continue to have opportunities to enjoy California's parks, natural landscapes, bays, and magnificent coastline. NOW, THEREFORE BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District supports Proposition 84—the Clean Water, Parks and Coastal Protection Bond Act of 2006. I Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-06-118 Meeting 09-13 September 13,2006 AGENDA ITEM 7 AGENDA ITEM Authorization to Enter Into Agreement with the National Park Service to Study the Feasibility of Staging Areas and Trail Segments of the Juan Bautista de Anza National Historic Trail(JUBA) within and adjacent to Rancho San Antonio Open Space Preserve. ACTING GENERAL MANAGER'S RECOMMENDATION 1. Determine,pursuant to Government Code §54954.2(b)(2), that there is a need to take immediate action to enter into a cooperative agreement as well as a task agreement with the National Park Service and that the need to take action arose subsequent to the posting of the Agenda for this meeting. 2. Authorize the General Manager to sign two agreements with the National Park Service that would allow the District to receive grant funding to conduct a feasibility study for staging areas and trail segments within and adjacent to Rancho San Antonio Open Space Preserve. DISCUSSION Need to Take Action On Tuesday, September 12, 2006, two business days after posting of the Agenda for tonight's meeting,the District received,via Federal Express, a"Cooperative Agreement for the Juan Bautista de Anza National Historic Trail"and a"Task Agreement"from the National Park Service(NPS)with instruction to sign and return both no later than September 2l't. Staff immediately contacted NPS and learned that an extension was not possible; unless the agreement is returned by the specified date,the District will not be eligible to receive grant funding from NPS during the current fiscal year. Therefore, staff'recommends that this matter be considered this evening. A eements with NPS The National Park Service is seeking to align portions of the Juan Bautista de Anza Historic Trail through the San Francisco Bay Area. The Juan Bautista de Anza Historic Trail(JUBA) is a 1200-mile long trail authorized by Congress in 1990. As part of their planning effort, they have identified trail corridors that potentially would be located within Rancho San Antonio Open Space Preserve and adjacent areas. R-06-76 Page 2 In order to determine whether the District may be able to locate and build portions of the De Anza Trail within Rancho San Antonio or in areas adjacent to the preserve,the NPS has offered the District$10,000 to help fund a feasibility study. Upon acceptance of the grant funding, the District would be required to complete the study by January 31,2009. In order to be eligible to receive the grant funding, the General Manager must sign and return the two documents to the NPS by September 21, 2006. The first document is a"Cooperative Agreement"that creates a five-year window during which the District is eligible to work with the NPS and to receive grant funding under more specific Task Agreements. The second document is a specific Task Agreement that enables the District to receive$10,000 from the NPS in exchange for conducting the feasibility study at Rancho San Antonio and adjacent areas. Staff recommends that the Board authorize the signing of these two Agreements by the General Manager so that the District may receive the grant funding for the feasibility study. CEQA COMPLIANCE The District has concluded that applying for a grant does not constitute a project under California Environmental Quality Act(CEQA). Therefore,the recommended action is exempt from CEQA. CEQA Guideline Section 15378(b)(4)states a government funding mechanism that does not constitute a commitment to undertake a project is not a project within the meaning of CEQA. In addition, CEQA Guideline Section 15061(b)(3)provides that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment, the activity is exempt from CEQA. Should the District receive the grant and subsequently decide to proceed further with the project, staff will perform a review under CEQA at the earliest appropriate opportunity, and proceed in a manner consistent with the District's adopted CEQA guidelines. Prepared by: Matt Sagues, Open Space Planner Contact Person: Same as above a Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-06-11$ Meeting 09-13 September 13, 2006 AGENDA ITEM 7 AGENDA ITEM Authorization to Enter Into Agreement with the National Park Service to Study the Feasibility of Staging Areas and Trail Segments of the Juan Bautista de Anza National Historic Trail (JUBA) within and adjacent to Rancho San Antonio Open Space Preserve. ACTING GENERAL MANAGER'S RECOMMENDATION 1. Determine, pursuant to Government Code §54954.2(b)(2), that there is a need to take immediate action to enter into a cooperative agreement as well as a task agreement with the National Park Service and that the need to take action arose subsequent to the posting of the Agenda for this meeting. 2. Authorize the General Manager to sign two agreements with the National Park Service that would allow the District to receive grant funding to conduct a feasibility study for staging areas and trail segments within and adjacent to Rancho San Antonio Open Space Preserve. DISCUSSION Need to Take Action On Tuesday, September 12, 2006, two business days after posting of the Agenda for tonight's meeting, the District received, via Federal Express, a"Cooperative Agreement for the Juan Bautista de Anza National Historic Trail"and a"Task Agreement" from the National Park Service (NPS)with instruction to sign and return both no later than September 21". Staff immediately contacted NPS and learned that an extension was not possible; unless the agreement is returned by the specified date, the District will not be eligible to receive grant funding from NPS during the current fiscal year. Therefore, staff recommends that this matter be considered this evening. Agreements with NPS The National Park Service is seeking to align portions of the Juan Bautista de Anza Historic Trail through the San Francisco Bay Area. The Juan Bautista de Anza Historic Trail(JUBA)is a 1200-mile long trail authorized by Congress in 1990. As part of their planning effort, they have identified trail corridors that potentially would be located within Rancho San Antonio Open Space Preserve and adjacent areas. R-06-76 Page 2 In order to determine whether the District may be able to locate and build portions of the De Anza Trail within Rancho San Antonio or in areas adjacent to the preserve,the NPS has offered the District$10,000 to help fund a feasibility study. Upon acceptance of the grant funding, the District would be required to complete the study by January 31, 2009. In order to be eligible to receive the grant funding, the General Manager must sign and return the two documents to the NPS by September 21, 2006. The first document is a"Cooperative Agreement"that creates a five-year window during which the District is eligible to work with the NPS and to receive grant funding under more specific Task Agreements. The second document is a specific Task Agreement that enables the District to receive $10,000 from the NPS in exchange for conducting the feasibility study at Rancho San Antonio and adjacent areas. Staff recommends that the Board authorize the signing of these two Agreements by the General Manager so that the District may receive the grant funding for the feasibility study. CEQA COMPLIANCE The District has concluded that applying for a grant does not constitute a project under California Environmental Quality Act (CEQA). Therefore, the recommended action is exempt from CEQA. CEQA Guideline Section 15378(b)(4) states a government funding mechanism that does not constitute a commitment to undertake a project is not a project within the meaning of CEQA. In addition, CEQA Guideline Section 15061(b)(3)provides that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment, the activity is exempt from CEQA. Should the District receive the grant and subsequently decide to proceed further with the project, staff will perform a review under CEQA at the earliest appropriate opportunity, and proceed in a manner consistent with the District's adopted CEQA guidelines. Prepared by: Matt Sagues, Open Space Planner Contact Person: Same as above Claims No. 06-17 Meeting 06-21 Date 9/13/06 Revised Midpeninsula Regional Open Space District # Amount Name Description 5428 $606.59 Ace Fire Equipment&Service Fire Extinguisher Equipment&Servicing Company 5429 $169.01 ADT Security Services Alarm Service-SFO 5430 $9,474.00 Aerial Information Systems, Inc. San Francisquito Creek Vegetation Mapping& Classification 5431 $37.00 Allen's Press Clipping Bureau Clipping Service 5432 $16.00 American Red Cross First Aid Training Materials 5433 $625.00 *1 Appraisal Research Corporation Appraisal Services 5434 $500.00 Association Of Bay Area Governments Annual Membership 5435 $463.98 AT&T Telephone Service-AD,FFO&SFO/Voice Mail Service-AO/Alarm Service-FFO Fax Service-SFO 5436 $21.70 AT&T/MCI Fax Service-FFO 5437 $43.00 *2 Bay Area Air Quality Mgmt.District Demolition Fee 5438 $36.83 Beckman,Craig Reimbursement-Field Supplies 5439 $870.52 Big Creek Lumber Lumber Materials 5440 $39.60 Bolle, Ken Reimbursement-Uniform Expense 5441 $25.83 California Water Service Company Water Service-Windy Hill 5442 $228.53 Cascade Fire Equipment Company Fire Protection Clothing 5443 $292.17 Clean Source Janitorial Supplies-AO 5444 $3,541.38 CMK Automotive Inc. Vehicle Maintenance&Repairs 5445 $119.00 Coastal Sierra,Inc. Internet Service-SFO 5446 $375.00 Concern Training 5447 $50.01 Conoco Phillips 76 Fuel 5448 $188.89 Continuing Education Of The Bar Law Book 5449 $638.09 Costco Office&Field Supplies 5450 $70.00 Cotterel,Scott Reimbursement-Uniform Expense 5451 $75.00 *3 County Of Santa Clara Septic Tank Abatement Permit-North Residence 5452 $125.44 CSK Auto Vehicle Supplies 5453 $540.17 Custom Truck Diesel Transfer Tank 5454 $105.00 Del Rey Building Maintenance Janitorial Services-AD 5455 $5,561.44 Dell Commercial Credit 4 Workstations With Monitors 5456 $114.07 Downing,Brendan Reimbursement-Cell Phone&First Aid Supplies 5457 $1,494.00 Dynamic Consultants, Inc. Special Inspections&Testing Services-Picchetti Winery Seismic Upgrade Retrofit Project 5458 $9,507.00 E.D.D. Unemployment Insurance-2nd Quarter 2006 5459 $3,483.84 EDAW, Inc. Master Plan Contract Services-Sierra Azul&Bear Creek Redwood 5460 $72.50 Environmental Science Associates Consulting Services-Environmental Review For Proposed Land Exchange 5461 $10,128.69 *4 First Bankcard Field Supplies-4,629.23 Office Supplies-1 57.91 Computer Expenses-1,235.19 Local/Out Of Town Business Meetings-161.49 Conferences&Training- 1347.06 Special Event Supplies-2,427.86 Advertising/Subscriptions/Books-169.95 5462 $432.61 Forestry Suppliers, Inc. Field Supplies 5463 $169.32 Foster Brothers Lock&Key Services 5464 $118.07 G&K Services Shop Towel Service 5465 $937.12 Gardenland Power Equipment Field Supplies 5466 $21,327,50 Gary Marciel Excavating Road Grading-SFO&FFO 5467 $23,822.50 Go Native Nursery Herbicide Spraying-June&July 5468 $24936 Goodco Press,Inc. Printing Services-Business Cards&Dog Access Permits 5469 $102.84 Grainger,Inc. Field Supplies 5470 $190.22 Green Waste Recovery, Inc. Garbage Service-SFO Claims No. 06-17 Meeting 06-21 Date 9/13/06 Revised Midpeninsula Regional Open Space District # Amount Name Description 5471 $15.35 Hapke,Alex Reimbursement-Uniform Expense 5472 $600.00 Heather Heights Road Association Road Dues-Saratoga Gap 5473 $836.74 Home Depot Field Supplies&Equipment 5474 $1,000.00 *5 Hulberg&Associates, Inc. Appraisal Fees 5475 $975.00 1 Print N'Mail Supplies Mailing Services-Postcards For Ridge Trail Event 5476 $86.60 Interstate Traffic Control Products 4 Signs 5477 $948.01 Jakaby Engineering Design&Engineering Services-Overlook Drive Deck Repairs 5478 $422.28 Jobs Available,Inc. Recruitment Ad-Management Analyst: Human Resources 5479 $505.87 Lab Safety Supply Field Supplies 5480 $278.07 Langley Hill Quarry Drain&Base Rock 5481 $337.92 LFR Levine Fricke Engineering&Design Services-Pulgas Ridge Public Access Improvements Project 5482 $5,630.06 LFR Levine Fricke Petroleum Product Release Source Investigation-Pulgas Ridge 5483 $8,631.40 Lorick Associates Consulting Services-Land Management Cost Evaluation &Efficiency Study 5484 $1,36439 Los Altos Garbage Company Garbage&Recycling Service-FFO&AO 5485 $3217 Madco Field Supplies 5486 $71239 Metro Mobile Communications Radio Repairs&Supplies 5487 $285.00 *6 National Recreation&Park Association Annual Membership 5488 $1,680.00 Normal Data Database Consulting 5489 $724.71 Orchard Supply Hardware Field Equipment&Supplies 5490 $887.33 Overhead Door Company Of Santa Repair Bay Doors-SFO Clara 5491 $2,786.75 Palo Alto Staffing Office Temp-Administrative Assistant 5492 $668.98 Palo Alto Upholstery Replacement Top For VW Thing 5493 $49.00 Parking Products, Inc. Field Supplies 5494 $1,812.65 Patsons Media Group Printing Services-Brochures 5495 $250.00 *7 Petty Cash Replenish Petty Cash 5496 $125.72 PIP Printing Envelopes-Volunteer Recognition Event 5497 $33.98 Precision Engravers,Inc. Name Tag Engraving 5498 $217.53 Pringle Tractor Co. Tractor Supplies 5499 $9,209.61 Priority 1 Outfit 4 Trucks/Convert Patrol Truck To Maintenance Truck 5500 $201.24 Quality Toner Products Toner Cartridges 5501 $53,052.00 Ram Building Company Deck Repairs-Hayes House 5502 $1,395.24 Reed&Graham, Inc. Trail&Road Maintenance Supplies 5503 $90.88 Robert's Hardware Field Supplies 5504 $95.36 Roessler,Cindy Reimbursement-Mileage 5505 $1,885,38 Roy's Repair Service Vehicle Repairs&Service 5506 $197.08 Safety Kleen Solvent Tank Service-FFO 5507 $521.16 San Jose Mercury News Legal Advertisement-Invitation To Bid:ECDM Bridge Construction 5508 $534.76 San Jose Water Company Water Service 5509 $1,791.93 Sandra Gimbal Sommer Professional Planning Services-SFO HVAC Project 5510 $60.00 Sanguinetti,David Reimbursement-Cell Phone 5511 $1,255.00 Santa Clara County Department Of Annual Permit Fee -Hazardous Material Storage Environmental Health 5512 $1,802.00 Santa Rosa Junior College New Recruitment Academy Training:A. Hapke&M. Perez 5513 $30,644.29 Shute, Mihaly&Weinberger LLP Legal Services-Coastal Annexation Litigation 4 Claims No. 06-17 Meeting 06-21 Date 9/13/06 Revised 'Midpeninsula Regional Open Space District # Amount Name Description 5514 $125.00 Sky Hunters Enviromental Education Presentation For Volunteer Recognition Event 5515 $638.00 Statcomm Inc. Gate Repair 5516 $7.3,1 Sunnyvale Chevrolet Vehicle Supply 5517 $741.30 Target Specialty Products Landscaping Supplies 5518 $540.44 The Stay Well Company CPR Training Materials 5519 $129.91 Tony&Albas Pizza Local Business Meetings&Skills Assessment Lunch 5520 $1,260.00 Trucker Huss Legal Services 5521 $26.36 United Parcel Service Parcel Shipping 5522 $65.25 United Rentals Northwest, Inc. Equipment Rental 5523 $328.01 Verizon Cellular Phone Service 5524 $110.22 Williams,Jennifer Supplies For Outreach/Ridge Trail Events&Volunteer Supplies 5525 $169.10 Williams,Mike Reimbursement-Mileage 5526 R $82.27 AmeriGas Propane 5527 R $625.00 *8 Appraisal Research Corporation Appraisal Services 5528 R $56.77 AT&T Telephone Service-AO 5529 R $56.71 Beckman,Craig Reimbursement-Cell Phone 5530 R $282.17 California Water Service Company Water Service-FFO 5531 R $50.00 County Of Santa Cruz-County Clerk Election Expenses 5532 R $2,250.00 IEDA, Inc. Consulting Services-Labor Relations 5533 R $8.44 Kwik Key Lock&Safe Co. Inc. Lock&Key Services 5534 R $450.00 Marina Malikoff Media Contractor 5535 R $689.83 Metro Mobile Communications Radio Maintenance 5536 R $594.63 Palo Alto Staffing Office Temp-Administrative Assistant 5537 R $456.06 Petty Cash Parking/Mileage, Local/Out Of Town Business Meetings, Training,Office&Field Supplies,Staff Appreciation Event Supplies,Postage,Volunteer Supplies 5538 R $45.00 Rancho Cobbler&Cleaners Sew Name Patches On Shirts 5539 R $44.25 Rayne Of San Jose Water Conditioning Service 5540 R $861.34 Redwood General Tire Company Tires 5541 R $206.48 Safety Kleen Solvent Tank Service 5542 R $72.00 Santa Clara County-Office Of The Fingerprinting Sheriff 5543 R $258.72 Summit Uniforms Uniform Expense 5544 R $772.07 Tires On The Go Tires 5545 R $48.41 United Parcel Service Parcel Shipping 5546 R $103.16 Xpedite Systems, Inc. Fax Broadcast System Services Total $243,778.66 *1 Urgent Check Issued 8/23/06 *2 Urgent Check Issued 8/28/06 ' *3 Urgent Check Issued 8/24/06 *4 Urgent Check Issued 9/5/06 *5 Urgent Check Issued 8/23/06 *6 Urgent Check Issued 9/5/06 *7 Urgent Check Issued 9/8/06 *8 Urgent Check Issued 9/11/06 Claims No. 06-17 Meeting 06-21 Date 9/13/06 Revised Midpeninsula Regional Open Space District # Amount Name Description 5428 $606.59 Ace Fire Equipment&Service Fire Extinguisher Equipment&Servicing Company 5429 $169.01 ADT Security Services Alarm Service-SFO 5430 $9,474.00 Aerial Information Systems, Inc. San Francisquito Creek Vegetation Mapping& Classification 5431 $37.00 Allen's Press Clipping Bureau Clipping Service 5432 $16.00 American Red Cross First Aid Training Materials 5433 $625,00 -1 Appraisal Research Corporation Appraisal Services 5434 $500.00 Association Of Bay Area Governments Annual Membership 5435 $463.98 AT&T Telephone Service-AD,FFO&SFO/Voice Mail Service-AD/Alarm Service-FFO Fax Service-SFO 5436 $21.70 AT&T/MCI Fax Service-FFO 5437 $43.00 *2 Bay Area Air Quality Mgmt.District Demolition Fee 5438 $36.83 Beckman,Craig Reimbursement-Field Supplies 5439 $870.52 Big Creek Lumber Lumber Materials 5440 $39.60 Bolle,Ken Reimbursement-Uniform Expense 5441 $25.83 California Water Service Company Water Service-Windy Hill 5442 $228.53 Cascade Fire Equipment Company Fire Protection Clothing 5443 $292.17 Clean Source Janitorial Supplies-AO 5444 $3,541.38 CMK Automotive Inc. Vehicle Maintenance&Repairs 5445 $119.00 Coastal Sierra,Inc. Internet Service-SFO 5446 $375.00 Concern Training 5447 $50.01 Conoco Phillips 76 Fuel 5448 $188.89 Continuing Education Of The Bar Law Book 5449 $638.09 Costco, Office&Field Supplies 5450 $70.00 Cotterel,Scott Reimbursement-Uniform Expense 5451 $75.00 *3 County Of Santa Clara Septic Tank Abatement Permit-North Residence 5452 $125.44 CSK Auto Vehicle Supplies 5453 $540.17 Custom Truck Diesel Transfer Tank 5454 $105.00 Del Rey Building Maintenance Janitorial Services-AO 5455 $5,561.44 Dell Commercial Credit 4 Workstations With Monitors 5456 $114.07 Downing,Brendan Reimbursement-Cell Phone&First Aid Supplies 5457 $1,494.00 Dynamic Consultants,Inc. Special Inspections&Testing Services-Picchetti Winery Seismic Upgrade Retrofit Project 5458 $9,507.00 E.D.D. Unemployment Insurance-2nd Quarter 2006 5459 $3,483.84 EDAW,Inc. Master Plan Contract Services-Sierra Azul&Bear Creek Redwood 5460 $72.50 Environmental Science Associates Consulting Services-Environmental Review For Proposed Land Exchange 5461 $10,128.69 *4 First Bankcard Field Supplies-4,629.23 Office Supplies-157.91 Computer Expenses-1,235.19 Local/Out Of Town Business Meetings-161.49 Conferences&Training- 1347.06 Special Event Supplies-2,427.86 Advertising/Subscriptions/Books-169.95 5462 $432.61 Forestry Suppliers, Inc. Field Supplies 5463 $169.32 Foster Brothers Lock&Key Services 5464 $118.07 G&K Services Shop Towel Service 5465 $937.12 Gardenland Power Equipment Field Supplies 5466 $21,327.50 Gary Marciel Excavating Road Grading-SFO&FFO 5467 $23,822.50 Go Native Nursery Herbicide Spraying-June&July 5468 $249.76 Goodco Press,Inc. Printing Services-Business Cards&Dog Access Permits 5469 $102.84 Grainger,Inc. Field Supplies 5470 $190.22 Green Waste Recovery,Inc. Garbage Service-SFO Claims No. 06-17 Meeting 06-21 Date 9/13/06 Revised Midpeninsula Regional Open Space District Amount Name Description 5471 $15.35 Hapke,Alex Reimbursement-Uniform Expense 5472 $600.00 Heather Heights Road Association Road Dues-Saratoga Gap 5473 $836.74 Home Depot Field Supplies&Equipment 5474 $1,000.00 *5 Hulberg&Associates, Inc. Appraisal Fees 5475 $975.00 1 Print N'Mail Supplies Mailing Services-Postcards For Ridge Trail Event 5476 $86.60 Interstate Traffic Control Products 4 Signs 5477 $948.01 Jakaby Engineering Design&Engineering Services-Overlook Drive Deck Repairs 5478 $422.28 Jobs Available,Inc. Recruitment Ad-Management Analyst: Human Resources 5479 $505,87 Lab Safety Supply Field Supplies 5480 $278.07 Langley Hill Quarry Drain&Base Rock 5481 $337.92 LFR Levine Fricke Engineering&Design Services-Pulgas Ridge Public Access Improvements Project 5482 $5,630.06 LFR Levine Fricke Petroleum Product Release Source Investigation-Pulgas Ridge 5483 $8,631.40 Lorick Associates Consulting Services-Land Management Cost Evaluation &Efficiency Study 5484 $1,364.79 Los Altos Garbage Company Garbage&Recycling Service-FFO&AD 5485 $32.77 Madco, Field Supplies 5486 $712.79 Metro Mobile Communications Radio Repairs&Supplies 5487 $285.00 *6 National Recreation&Park Association Annual Membership 5488 $1,680,00 Normal Data Database Consulting 5489 $724.71 Orchard Supply Hardware Field Equipment&Supplies 5490 $887.33 Overhead Door Company Of Santa Repair Bay Doors-SFO Clara 5491 $2,786.75 Palo Alto Staffing Office Temp-Administrative Assistant 5492 $668.98 Palo Alto Upholstery Replacement Top For VW Thing 5493 $49.00 Parking Products,Inc. Field Supplies 5494 $1,812.65 Patsons Media Group Printing Services-Brochures 5495 $250.00 -7 Petty Cash Replenish Petty Cash 5496 $125.72 PIP Printing Envelopes-Volunteer Recognition Event 5497 $33.98 Precision Engravers,Inc. Name Tag Engraving 5498 $217.53 Pringle Tractor Co. Tractor Supplies 5499 $9,209,61 Priority I Outfit 4 Trucks/Convert Patrol Truck To Maintenance Truck 5500 $201.24 Quality Toner Products Toner Cartridges 5501 $53,052.00 Ram Building Company Deck Repairs-Hayes House 5502 $1,395.24 Reed&Graham, Inc. Trail&Road Maintenance Supplies 5503 $90.88 Robert's Hardware Field Supplies 5504 $95.36 Roessler,Cindy Reimbursement-Mileage 5505 $1,885,38 Roy's Repair Service Vehicle Repairs&Service 5506 $197.08 Safety Kleen Solvent Tank Service-FFO 5507 $521.16 San Jose Mercury News Legal Advertisement-Invitation To Bid: ECDM Bridge Construction 5508 $534.76 San Jose Water Company Water Service 5509 $1,791.93 Sandra Gimbal Sommer Professional Planning Services-SFO HVAC Project 5510 $60.00 Sanguinetti,David Reimbursement-Cell Phone 5511 $1,255.00 Santa Clara County Department Of Annual Permit Fee -Hazardous Material Storage Environmental Health 5512 $1,802.00 Santa Rosa Junior College New Recruitment Academy Training:A. Hapke&M.Perez 5513 $30,644.29 Shute, Mihaly&Weinberger LLP Legal Services-Coastal Annexation Litigation Claims No. 06-17 Meeting 06-21 Date 9/13/06 Revised 'Midpeninsula Regional Open Space District # Amount Name Description 5514 $125.00 Sky Hunters Enviromental Education Presentation For Volunteer Recognition Event 5515 $638.00 Statcomm Inc. Gate Repair 5516 $7.3,1 Sunnyvale Chevrolet Vehicle Supply 5517 $741.30 Target Specialty Products Landscaping Supplies 5518 $540.44 The Stay Well Company CPR Training Materials 5519 $129.91 Tony&Albas Pizza Local Business Meetings&Skills Assessment Lunch 5520 $1,260.00 Trucker Huss Legal Services 5521 $26.36 United Parcel Service Parcel Shipping 5522 $65.25 United Rentals Northwest, Inc. Equipment Rental 5523 $328.01 Verizon Cellular Phone Service 5524 $110,22 Williams,Jennifer Supplies For Outreach/Ridge Trail Events&Volunteer Supplies 5525 $169.10 Williams,Mike Reimbursement-Mileage 5526 R $82.27 AmeriGas Propane 5527 R $625.00 *8 Appraisal Research Corporation Appraisal Services 5528 R $56,77 AT&T Telephone Service-AO 5529 R $56.71 Beckman,Craig Reimbursement-Cell Phone 5530 R $282.17 California Water Service Company Water Service-FFO 5531 R $50.00 County Of Santa Cruz-County Clerk Election Expenses 5532 R $2,250.00 IEDA, Inc. Consulting Services-Labor Relations 5533 R $8.44 Kwik Key Lock&Safe Co. Inc. Lock&Key Services 5534 R $450.00 Marina Malikoff Media Contractor 5535 R $689.83 Metro Mobile Communications Radio Maintenance 5536 R $594.63 Palo Alto Staffing Office Temp-Administrative Assistant 5537 R $456.06 Petty Cash Parking/Mileage, Local/Out Of Town Business Meetings, Training,Office&Field Supplies,Staff Appreciation Event Supplies,Postage,Volunteer Supplies 5538 R $45.00 Rancho Cobbler&Cleaners Sew Name Patches On Shirts 5539 R $44.25 Rayne Of San Jose Water Conditioning Service 5540 R $861.34 Redwood General Tire Company Tires 5541 R $206.48 Safety Kleen Solvent Tank Service 5542 R $72.00 Santa Clara County-Office Of The Fingerprinting Sheriff 5543 R $258.72 Summit Uniforms Uniform Expense 5544 R $772.07 Tires On The Go Tires 5545 R $48.41 United Parcel Service Parcel Shipping 5546 R $103.16 Xpedite Systems,Inc. Fax Broadcast System Services Total $243,778.66 *1 Urgent Check Issued 8/23/06 *2 Urgent Check Issued 8/28/06 *3 Urgent Check Issued 8/24/06 *4 Urgent Check Issued 9/5/06 *5 Urgent Check Issued 8/23/06 *6 Urgent Check Issued 9/5/06 *7 Urgent Check Issued 9/8/06 *8 Urgent Check Issued 9/11/06 Claims No. 06-17 Meeting 06-21 Date 9/13/06 Midpeninsula Regional Open Space District # Amount Name Description 5428 $606.59 Ace Fire Equipment&Service Fire Extinguisher Equipment&Servicing Company 5429 $169.01 ADT Security Services Alarm Service-SFO 5430 $9,474.00 Aerial Information Systems,Inc. San Francisquito Creek Vegetation Mapping& Classification 5431 $37.00 Allen's Press Clipping Bureau Clipping Service 5432 $16.00 American Red Cross First Aid Training Materials 5433 $625.00 *1 Appraisal Research Corporation Appraisal Services 5434 $500.00 Association Of Bay Area Governments Annual Membership 5435 $46198 AT&T Telephone Service-AO,FFO&SFO/Voice Mail Service-AO/Alarm Service-FFO Fax Service-SFO 5436 $21.70 AT&T/MCI Fax Service-FFO 5437 $43.00 *2 Bay Area Air Quality Mgmt. District Demolition Fee 5438 $36.83 Beckman,Craig Reimbursement-Field Supplies 5439 $870.52 Big Creek Lumber Lumber Materials 5440 $39.60 Bolle,Ken Reimbursement-Uniform Expense 5441 $25.83 California Water Service Company Water Service-Windy Hill 5442 $228.53 Cascade Fire Equipment Company Fire Protection Clothing 5443 $292.17 Clean Source Janitorial Supplies-AO 5444 $3,541.38 CMK Automotive Inc. Vehicle Maintenance&Repairs 5445 $119.00 Coastal Sierra,Inc. Internet Service-SFO 5446 $375.00 Concern Training 5447 $50.01 Conoco Phillips 76 Fuel 5448 $188.89 Continuing Education Of The Bar Law Book 5449 $638.09 Costco Office&Field Supplies 5450 $70.00 Cotterel,Scott Reimbursement-Uniform Expense 5451 $75.00 *3 County Of Santa Clara Septic Tank Abatement Permit-North Residence 5452 $12544 CSK Auto Vehicle Supplies 5453 $540.17 Custom Truck Diesel Transfer Tank 5454 $105.00 Del Rey Building Maintenance Janitorial Services-AO 5455 $5,561.44 Dell Commercial Credit 4 Workstations With Monitors 5456 $114.07 Downing, Brendan Reimbursement-Cell Phone&First Aid Supplies 5457 $1,494.00 Dynamic Consultants, Inc. Special Inspections&Testing Services-Picchetti Winery Seismic Upgrade Retrofit Project 5458 $9,507.00 E.D.D. Unemployment Insurance-2nd Quarter 2006 5459 $3,483.84 EDAW, Inc. Master Plan Contract Services-Sierra Azut&Bear Creek Redwood 5460 $72.50 Environmental Science Associates Consulting Services-Environmental Review For Proposed Land Exchange 5461 $10,128.69 *4 First Bankcard Field Supplies-4,629.23 Office Supplies-157.91 Computer Expenses-1,235.19 Local/Out Of Town Business Meetin9s-161.49 Conferences&Training- 1347.06 Special Event Supplies-2,427.86 Advertising/Subscriptions/Books-169.95 5462 $432.61 Forestry Suppliers, Inc. Field Supplies 5463 $169.32 Foster Brothers Lock&Key Services 5464 $118.07 G&K Services Shop Towel Service 5465 $937,12 Gardenland Power Equipment Field Supplies 5466 $21,32T50 Gary Marciel Excavating Road Grading-SFO&FFO 5467 $23,822.50 Go Native Nursery Herbicide Spraying-June&July 5468 $249.76 Goodco Press, Inc. Printing Services-Business Cards&Dog Access Permits 5469 $102.84 Grainger,Inc. Field Supplies 5470 $190.22 Green Waste Recovery, Inc. Garbage Service-SFO Page 1 of 3 Claims No. 06-17 Meeting 06-21 Date 9/13/06 Midpeninsula Regional Open Space District # Amount Name Description 5471 $15-35 Hapke,Alex Reimbursement-Uniform Expense 5472 $600.00 Heather Heights Road Association Road Dues-Saratoga Gap 5473 $836.74 Home Depot Field Supplies&Equipment 5474 $1,000,00 *5 Hulberg&Associates,Inc. Appraisal Fees 5475 $975.00 1 Print N'Mail Supplies Mailing Services-Postcards For Ridge Trail Event 5476 $86.60 Interstate Traffic Control Products 4 Signs 5477 $948.01 Jakaby Engineering Design&Engineering Services-Overlook Drive Deck Repairs 5478 $422.28 Jobs Available,Inc. Recruitment Ad-Management Analyst: Human Resources 5479 $505.87 Lab Safety Supply Field Supplies 5480 $278.07 Langley Hill Quarry Drain&Base Rock 5481 $337.92 LFR Levine Fricke Engineering&Design Services-Pulgas Ridge Public Access Improvements Project 5482 $5,630.06 LFR Levine Fricke Petroleum Product Release Source Investigation-Pulgas Ridge 5483 $8,631.40 Lorick Associates Consulting Services-Land Management Cost Evaluation &Efficiency Study 5484 $1,364.79 Los Altos Garbage Company Garbage&Recycling Service-FFO&AD 5485 $32.77 Madco Field Supplies 5486 $712.79 Metro Mobile Communications Radio Repairs&Supplies 5487 $285,00 *6 National Recreation&Park Association Annual Membership 5488 $1,680.00 Normal Data Database Consulting 5489 $72471 Orchard Supply Hardware Field Equipment&Supplies 5490 $88733 Overhead Door Company Of Santa Repair Bay Doors-SFO Clara 5491 $2,78675 Palo Alto Staffing Office Temp-Administrative Assistant 5492 $668,98 Palo Alto Upholstery Replacement Top For VW Thing 5493 $49.00 Parking Products, Inc. Field Supplies 5494 $1,812.65 Patsons Media Group Printing Services-Brochures 5495 $250.00 *7 Petty Cash Replenish Petty Cash 5496 $12512 PIP Printing Envelopes-Volunteer Recognition Event 5497 $33.98 Precision Engravers, Inc. Name Tag Engraving 5498 $217.53 Pringle Tractor Co. Tractor Supplies 5499 $9,209,61 Priority 1 Outfit 4 Trucks/Convert Patrol Truck To Maintenance Truck 5500 $201.24 Quality Toner Products Toner Cartridges 5501 $53,052.00 Ram Building Company Deck Repairs-Hayes House 5502 $1,395.24 Reed&Graham,Inc. Trail&Road Maintenance Supplies 5503 $90.88 Robert's Hardware Field Supplies 5504 $95.36 Roessler,Cindy Reimbursement-Mileage 5505 $1,885.38 Roy's Repair Service Vehicle Repairs&Service 5506 $197,08 Safety Kleen Solvent Tank Service-FFO 5507 $521.16 San Jose Mercury News Legal Advertisement-Invitation To Bid:ECDM Bridge Construction 5508 $534.76 San Jose Water Company Water Service 5509 $1,791.93 Sandra Gimbal Sommer Professional Planning Services-SFO HVAC Project 5510 $60,00 Sanguinetti,David Reimbursement-Cell Phone 5511 $1,255.00 Santa Clara County Department Of Annual Permit Fee -Hazardous Material Storage Environmental Health 5512 $1,802.00 Santa Rosa Junior College New Recruitment Academy Training:A.Hapke&M.Perez 5513 $30,644.29 Shute,Mihaly&Weinberger LLP Legal Services-Coastal Annexation Litigation Page 2 of 3 Claims No. 06-17 Meeting 06-21 Date 9/13/06 Midpeninsula Regional Open Space District # Amount Name Description 5514 $125.00 Sky Hunters Enviromental Education Presentation For Volunteer Recognition Event 5515 $638.00 Statcomm Inc. Gate Repair 5516 $7.31 Sunnyvale Chevrolet Vehicle Supply 5517 $741.30 Target Specialty Products Landscaping Supplies 5518 $540A4 The Stay Well Company CPR Training Materials 5519 $129.91 Tony&Albas Pizza Local Business Meetings&Skills Assessment Lunch 5520 $1,260.00 Trucker Huss Legal Services 5521 $26.36 United Parcel Service Parcel Shipping 5522 $65.25 United Rentals Northwest, Inc. Equipment Rental 5523 $328.01 Verizon Cellular Phone Service 5524 $110.22 Williams,Jennifer Supplies For Outreach/Ridge Trail Events&Volunteer Supplies 5525 $169.10 Williams,Mike Reimbursement-Mileage Total $235,765.36 .1 Urgent Check Issued 8/23/06 *2 Urgent Check Issued 8/28/06 *3 Urgent Check Issued 8/24/06 *4 Urgent Check Issued 9/5/06 *5 Urgent Check Issued 8/23/06 *6 Urgent Check Issued 9/5/06 *7 Urgent Check Issued 9/8/06 Page 3 of 3 Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors i FROM: L. Craig Britton, General Manager" DATE: September 8, 2006 RE: FYI's Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Memorandum To: Craig Britton,General Manager From: Paul McKowan,Volunteer Coordinator Date: September 7, 2006 Re: Question regarding Adopt-a-Trail volunteer opportunity At a recent Board meeting, the question arose as to whether the District should have an Adopt-a-Trail volunteer program. The following information explains the District's current Preserve Partners(outdoor service projects)program and provides information on potential new programs and procedures that are being researched and considered. The District's current outdoor service projects for volunteers,the Preserve Partners program,provides opportunities for individuals and special groups such as schools,churches,companies,and other groups to volunteer for a variety of projects at all District preserves. These projects are organized and coordinated by the Volunteer Coordinator and led by field staff members,resource management specialists,and volunteer crew leaders. The current program policy includes a requirement that a District staff member be present at and supervise all volunteer work projects. Most Adopt-a-Trail programs that we are aware of involve individuals or small groups adopting an area and continually or periodically working unsupervised by an agency paid staff member. This winter, I will be assembling a team of field,resource management, and community programs staff to research and create a pilot resource management volunteer program where individual or small groups of volunteers work unsupervised on resource management projects. This will involve designing a system that balances increased opportunities for volunteers and increased effort in the management of District natural resources with risk management requirements. Once completed,the proposal will be presented to the District Management Team for review. In addition,the new weekend scheduling requirements for District maintenance staff members may also open up additional and possibly new volunteer opportunities. I will be meeting with members of the Operations staff to discuss these new scheduling changes for maintenance workers and the possible benefits of this change to the District's volunteer outdoor projects. I will keep you updated on our progress in evaluating these opportunities. We remain very committed to providing safe,productive,and enjoyable opportunities for District volunteers and look forward to assembling teams and researching new programs. Please let me know if you have any other questions. Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT August 24, 2006 Mike Raynor P.O. Box 620005 2955 Woodside Road Woodside, CA 94062 Dear Mr. Mike Raynor, We are in receipt of your letter dated July 26, 2006 in regards to the maintenance of trails at Thornewood Preserve. We received your letter on August 9, 2006, which was not in time for the Board meeting of the same date. Unfortunately, it was inadvertently left out of the Board packet for the August 23, 2006 meeting. We apologize for this oversight and assure you that it will go before the Board at the next meeting, which is September 13, 2006. Thank you for your interest in improving the quality of trails for all to enjoy. If you have any questions, please do not hesitate to contact us sooner. Sincerely, Sally District Clerk 33o Distel Circle 650-691-1200 info@openspace.org Bongo or DIRECTORS:Pete Siemens,Mary Davey,led Cyr, GENERAL MANAGER: !, Los Altos ca 94022-1404 650-6gi-0485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz L.Craig Britton RECEIVED July 26, 2006 AUG 0 9 2006 Board of Directors " SULA ,Midpeninsula Regional Open Space District " h4 REGIONAL OPEt 330 Distet Circle SPACE DISTFPCT The Town of Los Altos, CA 94022-1404 Woodside Dear Boardmernbers: Re: Thornewood Open Space Preserve I am writing on behalf of the Woodside Town Council and the Woodside Traits Committee. The Town of Woodside has made a strong commitment to its trait system and it is our objective that existing traits are property maintained and kept open. it is my understanding that since the District's purchase of the Thornewood Preserve, the traits have virtually disappeared. The traits at the Thornewood Preserve have been important to Woodside and Portota Valley hikers and riders for many years. In addition to local neighbors using the traits for a quick one-hour hike/ride, others used it as a link to the Windy Hitt Open Space Preserve and Wundertich County Park. Losing this access has greatly diminished the quality of hiking and riding in the area. Landslides and massive fatten trees have made it impossible for horses to navigate the traits. Because of these conditions, equestrians have not been able to ride the traits at Thornewood for at least seven years. P.O. Box 620005 Now that the District has cleared the title and property ownership rights issues for its 2955 Woodside Road proper-des in the area, we encourage the District to make the replacement of the Woodside,CA 94062 bridge at Dennis Martin Creek a top priority. In addition, we also urge the Board to approve the proper funding to "fast track" the planning, engineering, and rebuilding of the hiking and riding traits within the Thornewood Preserve. The members of the Woodside Traits Committee would be happy to provide assistance or advice concerning this matter. Thanks you in advance for your positive consideration of this matter. Sincerely, Mike Raynor,&Chililr Woodside Traits Committee cc: Town Council 650-851-6790 Fax: 650-851-2195 townhall@woodsidetown.org San Mateo Local Agency Formation Commission Press Release Contacts: Martha Poyatos, Executive Officer, (650) 363-4224 FOR IMMEDIATE RELEASE Carol Woodward, Legal Counsel, (650) 363-4746 August 30, 2006 COURT VALIDATES LAFCO APPROVAL OF MROSD COASTAL ANNEXATION Redwood City, CA — After two years of court battles and six years of public process, Judge Beth Labson Freeman has ruled, in a 38 page decision, that San Mateo LAFCo acted properly in the spring of 2004 when it approved --without an election-- the annexation by Midpeninsula Regional Open Space District of 140,000 acres of San Mateo County coastal land. The lawsuit, brought by Citizens for Responsible Open Space, challenged LAFCo's approval of the annexation claiming the LAFCo process was flawed in regard to public notice and boundary description, compliance with California Environmental Quality Act (CEQA) and assessment of registered voter protest. Following a day-long hearing, the Court reviewed the 12 volume administrative record, pre- and post trial briefs, and examined the voter protest forms themselves and determined that LAFCo's approval of the annexation was valid and was supported by substantial evidence. LAFCo is an independent commission with jurisdiction over the boundaries of cities- and special districts. Midpeninsula Regional Open Space District (MROSD) is an independent district that acquires and manages open space in Santa Clara, San Mateo & Santa Cruz Counties. LAFCo's consideration of the annexation included four public meetings-- two in the coastal area—and extensive oral and written comments. After County Elections determined that fewer than 25% of the registered voters had protested, LAFCo finalized the annexation without an election on September 7, 2004. MORE Court Finds LAFCo Approval of MROSD Annexation Valid In validating LAFCo's approval of the MROSD Coastal Annexation, the Court found that the LAFCo protest hearing notice was in substantial compliance with the Cortese Knox Hertzberg Act stating, "...the record is replete with references to wide-spread notice of the annexation proceedings and the reason for the annexation." In reference to the map provided in the notice, "...this is clearly a case where 'a picture is worth a thousand words'." Upon examination of each of the protest forms that Elections had deemed invalid, the Court agreed that fewer than 25% of the registered voters had submitted valid protests. "We are very pleased with the decision," stated LAFCo Executive Officer Martha Poyatos. "it was a complex and controversial proposal. The Commission, LAFCo staff, and Elections worked very hard every step of the way. The public was extraordinarily engaged in widespread and thoughtful debate. As a result, LAFCo was able to respond to community concerns, such as representation, eminent domain and mitigation of impacts to agriculture and school funding. After Elections conducted two thorough examinations of the contested protest forms, and the Court further conducted an independent review of the protests, the community can be assured that the voter protests have been thoroughly considered." The case is Citizens for Responsible Open Space, et al. v. San Mateo County Local Agency Formation Commission, et al., County of San Mateo Superior Court Case No. CIV 442954. The Decision was filed August 23, 2006. Regional Open Spdce 1 August 31,2006 MIDPENINSUTA REGIONAL OPEN SPACE DISTRICT Governor Arnold Schwarzenegger State Capitol Building Sacramento, CA 95814 Re: AB 2838—SUPPORT/SIGN Dear Governor Schwarzenegger: On behalf of t p g he Mid peninsula Regional Open Space District, I urge you to sign AB 2838 (Pavley), iti at ion Program am to allow counties adjacent to the authorizing the Coastal Environment Motor Vehicle M �coast and San Francisco Bay to collect a fee of up to $6 per vehicle to fund projects that mitigate for the adverse environmental impacts of motor vehicles and their associated infrastructure. As you may know, counties on the coast of California and the San Francisco Bay Area contain 77% of the state's population. This economically important area offers an attractive environment for businesses and tourism to flourish. Correspondingly, the motor vehicle infrastructure to support this important economic area continues to grow. Currently, the state has a program to address the air quality impacts of motor vehicles,but there is no comparable program for addressing a wide range of other significant impacts of motor vehicles and their related infrastructure of roads,bridges, levees, culverts, and public parking areas. These impacts include water pollution, flooding and erosion,habitat destruction, and elimination of critical fish and wildlife habitat connections. The Coastal Environment Motor Vehicle Mitigation Program would provide local funds to reduce,prevent, and remediate these adverse environmental impacts maintaining the attractiveness of the California ocean and coast for Californians and state visitors to enjoy. AB 2838 places no financial burden on the State government and at the same time allows each county to choose to participate by"opting-in" to the program, where a small user fee (up to $6) is assessed annually on registered vehicles within that county. This fee is then returned to the"opted-in" county,who can then direct funds to those local programs that it deems valuable in addressing the environmental impacts from motor vehicles in its community. For the annual cost of a couple of gallons of gas, coastal residents can help sustain the natural resources that make California's coast a crown jewel for residents and tourists. AB 2838 is the right choice for the future and future Californians, and deserves your signature. Sin rely, L. Craig Britton General Manager LCB/ec cc: Ralph Heim, Public Policy Advocates Board of Directors, Midpeninsula Regional Open Space District 33o Distel Circle 650-691-uoo info@openspace.org BOAR D OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hossett,Kenneth C.Nitz L.Craig Britton MIDPENINSE.ILA REGIONAL OPEN SPACE DISTRICT For Immediate Release Contact: Rudy Jurgensen August 24, 2006 Public Affairs Manager (650)691-1200 DISTRICT VOTES TO SUPPORT MEASURE "A" ON NOVEMBER BALLOT FOR PARKS AND OPEN SPACE -- Measure "A"is Crucial to Ensure the Future Welfare of the County and its Residents -- LOS ALTOS, CA [August 24, 2006] —The Midpeninsula Regional Open Space District's Board of Directors last night unanimously passed a resolution in support of Measure A on the November ballot. i 2 n one-eighth cent for period of 5 The measure would Increase the sales tax m San Mateo County by g p years in order to raise dedicated revenue for parks and open space. If approved by a two-thirds majority, Measure A would raise between $13-16 million per year to support the parks, recreation and open space- related activities of San Mateo County, and its cities and special districts. The District would not buy land with its share of the funds from the measure but would use them to manage natural open space lands on the coastside, improve public access to the coastside's spectacular natural areas, provide new recreational opportunities for the public, and enhance critical wildlife habitat. "Proceeds from the tax would directly support the District's Coastside Protection Program, to save the beautiful San Mateo County coast and its precious farmland," said Jed Cyr, the District Board's President. "We will be better able to assist in safeguarding local water quality, easing air pollution, and preserving the coastside's unique way of life." Other benefits of Measure A include improved neighborhood aesthetics and property values, and recreation programs that support healthy lifestyles and youth and senior programs, resulting in improved public safety, and increased socialization and physical fitness levels. Parks and recreation programs throughout San Mateo County have been under-funded for many years, and have been severely reduced during recent budget crises. Currently, the County, its cities and special districts are struggling with serious staffing reductions, deferred maintenance, longer intervals between litter pick-up and bathroom cleaning, and removal or closure of facilities that need repair or do not meet safety standards. Created by voters more than 30 years ago, the Midpeninsula Regional Open Space District has successfully protected and managed over 50,000 acres of open space which the public enjoys 365 days a year. The District is an independent, non-enterprise, California special district whose mission is to purchase 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. www.openspace.org MIDPENINSULA REGIONAL OPEN SPACE DISTRICT For Immediate Release Contact: Rudy Jurgensen August 24,2006 Public Affairs Manager (650)691-1200 BOARD VACANCY TO BE FILLED BY APPOINTMENT -- Directors Will Appoint Deane Little's Successor for Remainder of Term Ending in November 2008-- LOS ALTOS [August 24,2006]—The Midpeninsula Regional Open Space District's Board of Directors unanimously voted last night to appoint a new Director to the Board seat left vacant by Deane Little's resignation on August 11, 2006. The appointment to Ward 4,which includes Mountain View and Los Altos,will have to be made by October 10, 2006, 60 days from the effective date of the vacancy. The District's Board has a statutory duty to fill the vacant Board seat either by calling a special election or by making an appointment. At last night's public meeting, Directors cited the high cost of a special election as their main reason for choosing the appointment process. Based upon 50,271 projected registered voters,the Santa Clara County Elections Office had provided an estimated cost of$770,378 to call a special election for District Ward 4. The appointee will hold office until the next regular election date in November 2008. Candidates must submit their applications by 5:00 p.m. on Monday, September 18, 2006,to the District's Clerk(330 Distel Circle, Los Altos,CA 94022). All documents and deadlines are also available on the District's Web site: www.openspace.org. The Board will meet with candidates for a first interview on September 25,and with second-round interviewees on October 9,2006. A third and final round will be scheduled for October 10, if necessary. Deane Little,who had been on the District's Board of Directors since 1998,resigned his seat in order to move to Colorado to pursue new professional opportunities and to be closer to his family and his parents who are in their eighties. Because Little had made his decision to move to Colorado only in recent weeks, his seat could not be filled at the next regularly scheduled election in November 2006. Little would have had to resign by late June 2006 in order for the Board to have been able to call a November election for his seat. Therefore,the other six Board members last night had to consider whether to hold a special election or whether to appoint a replacement for the next two years. At last night's meeting the Directors also approved the application form to be used, reaffirmed use of the general criteria for appointment to the Board of Directors as well as the use of procedures for interviews. Created by voters more than 30 years ago, the Midpeninsula Regional Open Space District has successfully protected and managed over 50,000 acres of open space. The public enjoys the District's diverse and beautiful preserves 365 days a year. The District is an independent, non-enterprise, California special district whose mission is to acquire and preserve a regional greenbelt of open space land in perpetuity,protect and restore the natural environment, and provide opportunities for ecologically sensitive public enjoyment and education. www.QpeMpace.orb Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: Sally Rice,Assistant General Manag9�pv DATE: September 13, 2006 RE: FYI's i i J Regional Open Space ---------- —-------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT September 12,2006 CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION San Mateo County Board of Supervisors County Office Building 455 County Center, 4hFloor Redwood City,CA 94063 Re: Huddart and Wunderlich Parks Master Plan Dear Honorable Supervisors: On behalf of Midpeninsula Regional Open Space District(District), I am writing to express continued support for the proposed Huddart and Wunderlich Parks Master Plan. These two County parks are located in a key area of the Santa Cruz Mountains,and together with the District's Open Space Preserves,provide natural area recreation opportunities to residents from all parts of the Bay Area. Approval of the Master Plan and implementation of the projects identified within the plan will greatly enhance recreational opportunities for the public both within the Huddart and Wunderlich Parks areas as well as the greater Skyline Boulevard region of the Santa Cruz Mountains. The District is particularly interested in several of the specific planning projects envisioned in the Master Plan. These projects are discussed in more detail below. 0 The District's Teague Hill Open Space Preserve is located just south of Huddart Park and is contiguous with much of the parks' southern boundary. District staff have discussed transfer of the County property south of Kings Mountain Road to the District,who would then merge the property with Teague Hill Open Space Preserve and begin planning for the construction of needed parking and trailhead alongside Kings Mountain Road. 0 Creation of a Blue-Ribbon Committee to engage in comprehensive,regional trail planning will address several important issues identified through the Master Plan process. Primary among these is the need for a"Valley to Skyline"trail linking the Woodside and Portola Valley area to the Skyline Boulevard area. An additional regional need is the creation of new north-south connections for the Bay Area Ridge Trail south from Highway 92. The District is confident that the County Parks and Recreation Division will continue to be an active and vital partner in these planning efforts. Approval of the Huddart and Wunderlich Parks Master Plan will further significant projects that will provide improved public access through the regional greenbelt on the peninsula. Thank you for your commitment to this important project. I look forward to continuing the partnership init' ted trough this Master Plan process. Si i erely, L. Crai rnitt n General Manager LCG:kl.jb cc: MROSD Board of Directors 33o Distel Circle 650-691-12oo info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nonette Hanko,Lorry Hossett,Kenneth C.Nitz L.Craig Britton Page I of 1 Craig Britton From: Zoe Kersteen-Tucker[zoekt@hostlandtrust.org] Sent: Tuesday, September 12, 2006 10:41 AM To: Rudy Jurgensen; Matt Freeman; Sue Schectman; Craig Britton Subject: It is official Hi all, Just wanted to let you know that I have accepted the post of Executive Director with the Half Moon Bay Open Space Trust (HOST). I am very excited at the prospect of working with you all in this capacity. Lots to be done here in and around Half Moon Bay and we'll definitely be looking to you all for guidance and partnership (oh, and money, of course!) I'll be working from my home office until the new year at which paint I'll establish and office Half Moon Bay. Contact info. is below. Best, Zoe Zoe Kersteen-Tucker Executive Director Half Moon Bay Open Space Trust P.O. Box 3205 Half Moon Bay, CA 94019 650.284.5056 (office) 650.576.81.81 (cell) www.hostlandtrust.org 9/12/2006 Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Memorandum To: Craig Britton From: Kirk Lenington,Resource Planner Cindy Roessler,Resource Management Specialist Date: September 13,2006 Subject: Fire discussion at Jasper Ridge—Stanford University Per invitation by Director Larry Hassett,we attended a discussion on fire management at Jasper Ridge on September 8,2006. We expect to have a detailed discussion on these issues when we review our Wildland Fuel Management Policies with the Board in February 2007. Here are the highlights of the discussion. Several factors influence how Stanford staff manages fire on the Jasper Ridge Biological Preserve. The property has urban development on some of its boundaries and valuable ongoing scientific experiments across much of the interior. Fire risk has been mapped on the property primarily based on slope,aspect and fuel load. Although they have conducted some prescribed bums,they have found it difficult to get necessary approvals. Stanford staff is taking the following approach to managing fire on Jasper Ridge: • Maintain fire roads and eliminate power lines or move them underground. • Reduce ladder fuels(such as low branches) in some critical areas. • Every year, local fire crews are invited to tour Jasper Ridge to get familiar with access,water, buildings, hazards,and experimental and other sensitive sites. Maps are provided to fire crews. • Jasper Ridge staff contacts most adjacent property owners to discuss hazards at shared boundaries. • They work with Fire Safe committee to educate county and town councils on ways to reduce fire risk during land use reviews. • They do not believe that either prescribed bums or a let-it-bum policy are reliable methods to reduce fire risk on Jasper Ridge. Scott Stephens, Associate Professor at UC Berkeley, presented his research on fire return intervals and fuel load reduction experiments. His research on fire return intervals indicates that fire frequency was much higher prior to the European settlement. Fire return intervals within local redwood forests was approximately every 10 years and in the grassland habitats could have been as frequent as every 2 to 4 years, probably due to burning by local Native Peoples. Several people at the meeting stated that the current wildland/urban interface in our region is likely to bum at some time in the future especially with climate change,and this could result in a change in September 13, 2006 vegetation types. In the event of particularly hazardous "fire weather" conditions, spotting(burning embers being carried by winds in advance of large wildland fires)can ignite additional fronts a very large distance in advance of the main fire line. Wood shingle roofs are particularly vulnerable to this ignition source. Thus,there is a need to cooperate with adjacent land owners and fire response agencies for fire management and prevention. Prescribed bums and mechanical removal of fuel load can result in change in vegetation type. 2 � s ' 10 ,5ter www.latc.com Wednesday,September 13,2006 Community news for Los Altos,Los Altos Hills and Mountain View since 1947 Vol.60 No.37•50 cents Open Space preserves t nature nearby By Eliza Ridg eway ` p Town Crier Statf Writer troll into Rancho San S An- tonio Open Space Preserve any weekday morning, and r• .;= ;j ` you are likely to spot Rainey and ; Rodger Alleman chatting with ` ;tt." ' n other visitors and offering help as i,k. r ,1 they too trot the trails. In their forest-green volunteer (rail-patrol vests, the gray-haired Los Altos couple form a parncu larly uninlimidating auxiliary to hut• .y the rangers who work the park e They offer trail suggestions next to the big map at the entrance,greet other park regulars and point out interesting flora and fauna. The Allemans know Rancho's a { nio every day,and in the past 15 years they secrets. have become experts about the open space, t S m MM e 4. A young woman jogging by slowed eager to share their passion and knowledge down and paused when she saw them star- with neighbors. in into the scar of a big tree alongside the u g g g Rancho San Antonio is one of 25 tracts trail. maintained for natural use by the Midpen- er + "Now if that isn't relaxed;' Rodger insula Regional Open Space District,an in- said as he pointed up to reveal a screech dependent governmental entity formed by owl tucked into the knob of the tree,eyes residents who sought local stewardship of closed,chest puffed out,taking a morning the area's greenbelts. nap. The Allemans walk at Rancho San Ante- See OPEN SPACE,Page 6 Above,Rancho San Antonio Open Space Preserve volunteers Rainey and Rodger Alleman offer their knowledge of the open space to visitors.Right, Open Space docent Linda Wegner leads riders down a hill at the Fremont Older Open Space Preserve. COVER STORY OPEN SPACE From Page 6 cessibility of its trails by offering t v. �{R yr docent led excursions that guide 1 "fir �,F ail gt , those new to the trails(or to na- "' H✓"t~ �' � �`� `y .j °''• lure preserves entirely) on fun, free tours of the preserves. Visi- tors are always welcome to me- t4 ec 1.'64 ander and explore on their own, e 1 ' but docents are available to teach about flora and fauna,share sto- ries on the history of the area and (C� yff select the perfect trail loop fora �+i^ i>"47 i1Yy , scenic vista.The activities are all free, but some require reserva- tions. Docent Snether Smith, a re- fir 4r ed Lockheed employee and lover of open space,leads moun- _ _�` , IRY twin-bike rides for cyclists of all experience levels. Last Friday Yt ;rww w Smith and docent Linda Weg- ner led four mountain bikers on 14^ c « an intermediate ride that toiled up hills and soared back down , again, leaving less-in-shape cy- clists huffing and puffing but de- lighted. L + `� On Sept. 23, Smith will lead a three-hour "Mountain Biking Fundamentals" class on Skyline ''. Ridge for beginning cyclists.The �a district schedules free activities for hikers,strollers,children and even dogs (and their owners). A complete schedule is published ' on their Web site and in their quarterly newsletter. The dis- trict's nighttime star parties and COUHTFSY a-miovcHiNSUrA¢eaoNAL OPEN SPAcf D—H.Cr moonlit walks are a unique op- Riparian areas such as Lobitos Creek provide particularly prime portunity, because the parks are animal habitats. usually closed after hours. Los Altos Hills resident Nancy Couperus met up with the"Lions "We reallyare blessed with the {act and Us' mountain lion naturalJ history walk last month and was that the people voted to spend their impressed by the range of people money on open space." participating in the hike. They stopped at lunch to learn about —Mary Davey, mountain lions, which are na- Midpeninsula Regional Open Space District live to this area,and docent Keith board member Iohnsgard shared anecdotes and information about safety and lion encounters. "Everybody was spellbound by fact that we have put money up to land from urban sprawl.In Santa the stories,"Couperus said."And make sure that our hillsides are Clara County,the measure would (the docent) is taking people out open,to protect the viewshed" limit 440,000 acres to low-inten- to do tracking once there's some Los Altos Hills resident Mary city development,with the intent, more rain" Davey, who has served on the Davey said, to "keep it for the The district encourages those open space board of directors for use of the people who are com- interested to help plan the pre- 12 years,will serve another four- ing here in the future,who will be serves' future. One current and year term on the board—no other able to enjoy what we have." somewhat rare opportunity is the candidate filed to run for the seat "We really are blessed with the chance to participate in the master in the upcoming election, fact that the people voted to spend planning for open space lands on "It's a commitment I made their money on open space,"said the coastside and in the La Honda years ago, to make sure that the Davey,one of the original found- and Sierra Azul areas.The board district continues to buy land and ers of the district.She pointed to of directors meeting, held every to care for it,be the good stew- the lack of trash bins in the parks, other Wednesday,is also open to ards,"she said. and the lack of need for them,as the public. While she won't have to cam- a particularly moving testament "You feel like you leave your paign for her seat, Davey is still to people's capacity to enjoy the mark," said Britton, who has focused on the November elec- areas while leaving them in their worked with the district for 30 tion because of Measure A, the natural state. years."It's pretty rare to work for land conservation initiative on "You won't see a trash basket something that you believe in" the ballot. on the preserve because people Britton characterized support While it doesn't directly af- love, respect and care for the for open space as a quality of life feet Los Altos or Los Altos Hills, land,"Davey said. issue."The SF Bay Area is one of the measure has drawn local at- For more information, visit the top 10 places in the world," tention because of its focus on www.openspace.org or call 691- he said."That has to do with the protecting rural and agricultural 1200. A iI 1 COVER STORY a v1')ta; wt' M I COURTESY OF MIOPFN I NSULA REGIONAL OPEN SPnCE UISTItl(r •�, �. Lobitos Creel t Canyon is one of the new sites managed by the }, district through the Coastside Protection Program. t c_•I OPENSPACE district's annual revenue, $25.8 fi From Page 1 million,this year.Other funding comes from grants, interest and The district,with headquarters donations,among other sources. t in Los Altos,was created by voter Approximately one-third of initiative in 1972, a time when he district's budget goes to op- development throughout the Bay erating expenses, while most of Area was picking up speed.Since the other two-thirds goes to land Open Space activities in the week ahead its creation in Santa Clara Coun- Purchases and payment on funds p p ty, the district has extended to borrowed for purchases. The Saturday Deborah Probst.All ages are wel- reach from the Bay to the Pacific, district bought more than 1,000 10 a.m.to 2 p.m. come,reservations required. including parts of San Mateo and acres this year valued at$10 mil- Skyline Ridge Santa Cruz counties. lion.The district has the right of y -:•oa eminent domain, which means "Goodbye Summer,Hello Fall" Sept.21 The district's mission is to pur- Greet autumn with a 4-mile walk 10 a.m.to 2 p.m. chase and preserve undeveloped it can sue to purchase a piece of ? elan segments Of the Bay Area Saratoga Ga ' land at market rates that has been !! 9 g y 9 p R"Fr land within its borders,forming a y� ,cfi �; Ridge Trail with docents Bill and "Fall Hike of Gap and Ridge" greenbelt of open space to provide offered for sale. * Kathy Korbholz,and observe the This 5 6 mile moderately fey y42y+ habitat for animals,to protect the "Most of our purchases are P 3� signs of the shining season.Bring paced hike will travel one of the local watershed and"viewshed"— people that call us. We don't re- 4k ally target anybody's property. „A a lunch to enjoy at Alpine Pond preserve's newer trails through [he vistas of rolling green seen on ate mt, while learning about the Ohlone's grasslands and mixed woodlands. hillsides in Silicon Valley—and We might give you a call,and you r,-ir•' use of native flora. to provide a place for people to say, 'Call us again in 10 years,"' ` Sept.23 interact with nature through rec- Britton said. g Sometimes the district agrees Sept.20 1-4:30 p.m. reation and education. 8:30-11:30 p.m. Skyline Ridge A publicly elected board of to purchase and restore land that Monte Bello "Mountain Biking staff directors and a of about 75 has been damaged by commercial use,such as Mount Umunhum,a "Star Party" Fundamentals" people, including rangers and See a grand display of nebulae Docent Strether Smith will lead a biologists, manage the district. former U.S.Air Force installation g g and star clusters through the 7-mile expedition over moderately More than 500 volunteers so polluted it is now a federal Su- erfund site. Condemned build- telescopes of a group of local steep terrain and introduce some main- tain the district by helping visi- P amateur astronomers with the of the skills and tun of mountain tors,constructingand overseeing ings and toxic contaminants must g be removed from the site before it help of docents Jack Zirker and biking.Reservations are required. trails, and patrolling the parks. can be opened to hikers- The district has preserved 50,000 The preserves are open ever acres of land in 25 preserves day of the year from dawn unt 1 stretching down the Peninsula. 7Wo years ago the district half an hour after sunset. They extended its boundary to the to- range in size from the 55-acre ral San Mateo County coastline Stevens Creek Preserve to the ? -acre 17,335 Sierra Azul Preserve. 6 with the Coastside Protection s: «`fsj+-. The district balances main- 4 ti <• Program,enabling the district to taining the land in its natural " - d manage land elan 1 main- purchase an g g P , to state with developing access - P g the ocean.The district can man- 1 he public the property so that t ,, < P P Y P ro organization .or other age land f experience it. ,�i , P a , ,t. �H power but not at have bum o 1�,,t;, ,that buying P ++.� . :! 7 infrastructure.The coastside pur- More than 220 hiking trails y - r t 4 1 wind throughout thepreserves, chase,for example,made it pas- g at S°R �,�; n Bible for the district to pick up 20 many of[hem open to bikes and f f{ I y fie` e T i horses as well.Leashed dogs are j n j t acres from the Peninsula Open ' a k tr1 7+ 1 allowed in some of the preserves p• rtoA. t3 I� wtl r y �, FI T dr Space Trust. "A private non-profit can't af- and there is an off-leash spot at .r�5 x hY ford to open land to the public;' the Pulgas Ridge Preserve.Easy Rancho Stw Antoll OperrSpacg#retervets 1UC8ted�ust'south of Los Altos, access trails are in place for those :'w.- ...:, ca ro nu roWN ca1E ! said Craig Britton,district general with limited mobility or any- manager. "The function of dis- notion of connectingdifferent open onlyto Palo Alto residents. trails. Now hikers can traven tricts and parks like us is to have one looking for a less strenuous reserves and differnt human Linking a trail through the ark Foothills Park and the Pearsc ex erience. Maps at each ark P g 8 P regular income for management" entrance describe the rules and populations,has been a focus of would create a continuous path Arastradero Preserve also a Pal ! The district draws its fund- the district late) For more than from the Bay to the Ridge Trail. Alto property,to access the L( ing from property taxes within trails of that particular site, and Y its borders. Residents pay about often agreen-vested volunteer is 30 years it wanted to establish a This summer, Foothills Park Trancos Preserve and ridgelir 1.7 cents per $100 of assessed available to answer questions and trail serves oandction Palo AI o'sen its pre- change is policyFoothills Palo AltotrePde tstacceallow ss[o he non- traThe district increases the a, property value, an amount that offer advice. Park,a city-owned owned piece of land ark from connecting regional makes up nearly 80 percent of the Developing regional trails,the Y P P See OPEN SPACE,Page Page 6/Los Altos Town Crier/September 13,2006 General News 8 / 23 - 9 / 13 i i l i b *>¢�r�t�r• N z s sfgate.com Cis rUll WEDNESDAY, SEPTEMBER 6, 2006 Pot far s ravaging park land Big raid in Marin County hints at the extent of damaging techniques by growers By Chuck Squatriglia Such operations are turning up CHRONICLE STAFF WRITER in greater numbers within state and national parks throughout The discovery of 22,740 mari- California. Federal officials esti- s Juana plants growing in and mate the state produces half of all «; around Point Reyes National Sea- the marijuana seized on public " shore last week wasn't only the lands nationwide. biggest pot seizure ever made in Officials at Point Reyes Nation- Marin County.It was an environ- al Seashore have only begun to as- mental mess that will take several sess the resulting damage to an months and tens of thousands of area that is habitat for the spotted dollars to clean up. owl,steelhead trout and coho sal- ° The crops seized on the steep mon, and they said it could be hillsides overlooking Highway 1 months before they know the were planted by sophisticated long-term implications for the growers who cleared vegetation, ecosystem. _ terraced land, drew water from "We've seen some really nasty streams through miles of irriga- damage," National Park Service BRANT WARD/The Chronicle tion hoses and doused acres of spokesman John Dell'Osso said Rene Ruehl,a National Park Service ranger,shows some of land with hundreds of pounds of Tuesday."And there's a very good the fertilizers used to speed growth of the marijuana. fertilizer and pesticides. ► MARIJUANA:Page A9 %U .MP' etraea• fan Jranrisco(Fhronirlr k$ Arm 4• Mossyof farmingp eroding park land P.MARIJUANA From Page A I possibility there are sites we ha- ven't even found yet." - - - -;-� Cultivating marijuana on land managed by the Park Service,the National Forest Service and other Akv agencies is a multibillion-dollar --- industry.So far this year,author- '"'` py —"rw,.„;t ,�•� ities have found more than h5f8? 9�y ' r 940,000 marijuana plants growing e`,•��Ai! on state and federal land in the •��-;,<.:_�'� Golden State. With the harvest - •'T season beginning,officials expect to find more pot farms and Sur- pass last year's haul of 1.1 million r !(:: da;xr n Plants. .. Federal officials believe as e.,"-w,.DiTh,Ch—li. much as 80 percent of the mari- The primitive campsite of one of the pot growers who was not Juana on public land is groom by captured features a backpack,clothing and food containers. Mexican drug cartels that have tumed to places like Point Reyes National Seashore,Sequoia-Kings Where grow areas were found Canyon National Park and Whir- . keytown National Recreation Authorities last week seized 22,740 marijuana plants growing at six Area in this era of tightened bor- remote locations along the Bolinas Ridge Trail along the edge of the der security; growing the drug Point Reyes National Seashore and the Marin Municipal Water District- here is far easier than smuggling it in.The plants found in Point .r,nuNs �' s,r• ';;...-, :.��•:ul'- } Reyes last week were valued at v " around $50 million, Dell'Osso i`.• No I _e said. POINT rtCS'Es }� • . The federal Office of National ole 1 k.• 4' s'"Pa6a° Drug Control policy estimates / "��z NA6 Ne L kq SIR ERnNCIS .- that growing 1 acre of marijuana I sir E tuweE Btvo damages 10 acres of land.Repair- txalres s, x ing that land is a costly time-con- PwiI suming process,and because the gi5 National Park Service does not 21- T eeabs .., ,. locate money specifically for the Rolinas Ridge •^.,�, s.a task,the funds come from each Trail S i` I - F/YKUCD park's operating budget—leaving a '.+•PNa �" less money for things like park programs and improvements. 0 9S P.aTc Oc..n --. ial' w 0.1;tiaa;. "We have no budget for this," MILES Sande Dell'Osso said,noting that it is a s---ESRL r.1"im USCS 'n.cn.an�.i. problem "the powers-that-be need to start discussing." The pot seized last week was traps, pellet guns and a rabbit gation hose, and repaired deep growing on six sites scattered hutch, leading them to believe cuts and terraces made to 35 hill- along Bolinas Ridge between the growers hunted for food. sides,Demetry said.Empty bags Stinson Beach and the Randall With the last of the crops and bottles revealed the growers Trail just South of Olema.About cleared away,park officials have used at least 8,031 pounds of fer- half of it was on land managed by begun assessing the•damage. tilizer,15 pounds of rodenticide the Marin Municipal Water Dis- Once the trash is removed, the and 7.6 gallons of pesticide.An trict.Marin County sheriff's dep- biggest priority will be protecting additional 80 grow sites still must uties discovered it during a roar- the land with straw and new be repaired. ,in aerial search. Investigators ground cover to prevent the win- - "We chose the sites that are have not made any arrests. ter rains from washing it away. easiest to reach and did those 11.Scott Anderson of the Mar- Beyond that,though,it's not yet first,"she said."The ones that are in County Sheriffs Department left to do are more remote,and on said the pot farm's similarities to "We've seer)Some steeper terrain." those found in other national Demetry said the land will re- parks suggests it was the work of a really nasty damage. cover quickly as new vegetation Mexican cartel that probably em- grows but the effect on wildlife ployed undocumented immi- And there's a very will be harder to measure.No one grants, knows how much fertilizer and The sites in Marin County are good possibility there pesticide is polluting the land,or tucked away in remote canyons, are sites we haven't how much of it made its way into- sheltered beneath madrone and the streams that feed the East oak trees and surrounded by thick even found yet." Fork of Kaweah River. brush hacked away haphazardly. "It's got a huge impact on the Trees have been stripped of their IoNN DELL'OSSO stream ecology,"she said."It ha! limbs to make room for the National Park Service the potential to ripple through plants,leaving only a canopy of the food chain" branches to hide the illicit crop. known exactly what must be done Park rangers have for years Irrigation hoses as long as a to restore the land and what it will stumbled upon small stands of mile each drew water from pools cost. marijuana,but the problem has dug into the ground and fed by Sequoia-King's Canyon Na- exploded within the past five the springs and streams that tional Park has spent more than years and reached a point where course through the Tomales Bay $72,000 during the past two years they're having difficulty keeping watershed. The steep hillsides' to clean up 81 cultivation sites up,Demetry said.Although indi- have been terraced,much like a that covered 10 acres,said Athena vidual cultivation sites rarely cov- vineyard, and are dotted with Demetry,a restoration ecologist er more than an acre,the growers n hundreds of deep holes that held at the park Authorities have have taken to scattering them as many as four marijuana plants seized more than 100,000 mari- over hundreds of acres to evade apiece.The land is littered with juana plants within Sequoia- detection.That,she said,spreads empty 50-pound bags of fertilizer Kines Canyon since 20K The the destruction over a far broader and gallon jugs of pesticide. latest seizure came Aug.9,when area,with far graver results. Investigators believe as many authorities found 2,152 marijuana "When we first saw them,we as three people tended each plot, plants growing within view of thought they were pretty small," and the amount of trash—empty Moro Rock,a popular park desti- she said. "But then we realized soda and beer cans, food wrap- nation. how many there were,and it be- pen,propane canisters and cloth- Over the course of six weeks came staggering.And there's a lot ing—suggests they'd been living during the winter of 2005 and more out there." there for at least several weeks but 2006,park rangers hauled almost -- fled before officials reached the 5 tons of trash and debris out of E-mail Chuck Squatriglia at site. Authorities found animal the park,removed 13 miles of irri- csquatriglia@sfchronicle.com. I i I Memur"y Newsxom PORTOLA VALLEY 6� NA ' $�3I Animal-cruelty charges sought over underfed goats The Peninsula Humane Society is seeking animal-cruelty charges against two busi- ness owners'after officials seized about 50 sick and injured goats from Portola Valley on Saturday night. PHS/SPCA officer Sabrina Castro and head investigator Debi DeNardi discovered two cramped pens filled with underfed goats at a farm on Alpine Road. "Most of the goats were malnourished and had overgrown hooves,"DeNardi said. "Some were coughing,some had diarrhea." The goats belonged to Scott Kulenguskey and Joy Richardson,who operate Sustain- able Solutions a Pacifica-based business that uses livestock grazin a land. They could not be reachedg to mansg for comment. According to DeNardi,the company con- tracted with Stanford University,letting the goats eat weeds on the property to prevent fire hazards. Officials took six of the sickest goats to the PHS/SPCA for immediate.treatment. The remaining animals were given three bales of hay,and taken away in a trailer Monday morning to an undisclosed loca- tion. Kulenguskey and Richardson are entitled to a hearing to get the animals back,DeNar- di said. Joyce Chen i 4B P MEkCUP,YNEWSLOM AMOS MercuryNe'ws.lcflm - J 0 VLJw)M1R CHAtWPKA—LAS CRUCES5 4#Ew5 ARCHIVES Bobcats,like this one in New Mexico,have been spotted in Almaden Valley.They usually prey on small animals and act disdainful. ® eats encroach ®n a Ck yards FELINES WANDER AS HOMES PRESS INTO WILD By Leslie Griffy y'-I t "`',;aI� AirreHryi N_ - . Last year residents of a South San Jose neighborhood BOBCAT CHARACTERISTICS were frightened by coyotes Bobcats have been spotted at the that rel>oi tedly ate more than Villas of Adnaden in South San two dozen house cats. Jose. This summer a different &Spofled furry creature has been spot- APPea+anc tan to ted by residents of the Villas reddls bm=n fm Named for its of Almaden — a bobcat. Or short tad,which resembles a bob bobcats. or knob. There have been at least size.Males,25 feet to 41 feet in four sighthigs,but mayy have lerx3th 14 to 40 pounds;Females, been more,said John Lackn- 25 feet to 31 feet in length,4 to er, who lives in the upscale 33 pounds townhouse complex locatedDiet Rabbits,rodents,small birds, near the Guadalupe Oak occasional deer. Grove Park. And while Lackner is concerned for his s--"-" dNoi" two indoor-outdoor cats,most neighbors seem thrilled with the visits. Silicon Valley. It's the latest example of And, she added, dealing what happens when homes with wild animals is part of push farther into rural areas the deal. that are still wildlife habitat. To make the relationship Earlier this summer a coyote between the wild an d the resr attempted to run off with a dents more natural, Alexan- Chihuahua in Los Gatos.And der recommends folks don't last month, a mountain lion feed wild animals like deer. was shot after making dinner Food attracts other, some- of several pet goats in rural times unwanted wildlife and Morgan M. also teaches behaviors—like But folks who live in the VO- not fearing humans — that sure anim als danger. las are curious about their fe- could c ge line visitors.They have-been Keep domestic cats and streaking out with cameras to small dogs inside, she said, the areas of the neighborhood and if the wild animal starts where Pancho or Paxrchita,as showing unnatural behaviors, one resident named the cat, like a loss of fear,scare it off lives in hopes of sr ng a by making loud noises. photo of the muscular feline. Lackner,who didn't live hi "Tbe consensus among res- the Villas when the coyotes idents to whom I have spoken were around last summer,is is that the bobcat is welcome still adjusting to the idea that to dine on our over-abundant a bobcat might decide to hang population of ground squir- out on his porch, rels;"said David James,who "I am only eight miles from town and I am right''es to do danm in encoura authorities something about the coyotes the thiill,ck he add d•he saicL he doesn't last year. Residents felt the coyotes, want to see the animal killed. who James said stalked Decisions like that in the peo pie walking with their chil- Villas,whether to coexist with dren and eyed house cats by or confront nature,is one that peering through windows, may become increasingly were a threat to humans. common,Alexander said. The bobcats, on the other "We're kind of building fur- hand, treat people, James Cher and further out; she said,with"disdain that only said,"and we are encroaching members of the feline species upon dwirterritory." can command." For more information about Where the long green grate wildlife or to find out what to ends in the gated community do if you encounter a wild and- at the foot of South San Jose"s mal,call the Wildlife Center of hills, dry wild grass takes Silicon Valley at (408)929- over. MM or visit www.wcsv.org. "They live on the cusp of the wilderness;said Janet A1- Contact LesUe Grif/y at exander, director of opera- I.�rcwynews.com or tions at the Wildlife Center of (408)820-5.945. HALF MooN BAD REviEw AKO PESCAMRO PESUE i ill Firefighters, PO prepare for burn FOURTH TIME AGENCIES HAVE COOPERATED ON CONTROLLED FIRE .................. BY MARL L.ONGPRE i [marc@hmbreview.com] "Non-native Open Space Peninsula O e e$ The Pen P P invasive specs Trust and the California De- I partment of Forestry and Fire like pampas grass Protection are planning on starting, and extinguishing, a are taking over, fire. The operation,which will be and we also have handled by CDF's Vegetation erosion problems Management Program, will take place on Cloverdale on the coast." Coastal Ranch outside of Pescadero. It could happen as - —PAuL RINGGOLD,POST DIREc- soon as Aug. 30,depending on TOR OF LAND STEWARDSHIP weather conditions. It is the first permit of its kind in the nation to be issued by the U.S. Fish and Wildlife Management for POST. Service expressly for the en- "It's disappearing on the hancement of survival of coast for a couple of reasons," species living the area. Ringgold said. "Non-native in- Jeff Powers, Cloverdale proj- vasive species like pampas in ect manager for POST,said the grass are taking over, and we burn will help species like the also have erosion problems on San Francisco garter snake that the coast." are "disturbance dependent." Powers said POST is experi- As the habitat grows,the grass- menting with a number of land that is home to these techniques in addition to the species becomes brushland burn that would protect the and eventually trees sprout. habitat,including grazing,and "It's quite an impressive op- mechanical removal of plants. eration," Powers said of the The um and e the fourth have planned burn. The coastal prairie habitat is worked together on this proj- one of the most diverse habi- ect,according to Ringgold.The tats in the world, according to burn will cover approximately 164 acres. ■ Paul Ringgold,director of Land i I HLF` MO ON B .Y VIEW .E SERVING THE ENTIRE SAN MATEO COASTLINE SINCE 1996 s - q 49 K .5s~rw.+f4.'w"iar�i.:w�°::•� ".a.x� ';t;:Y ..a."d..^ ,e: �'w .• c."' t. "' - '^G+w PHOTO COURTESY POST Firefighters lit and extinguished a controlled burn outside of Pescadero on Aug.30. Planned blaze scorches Cloverdale "r.e, �14 CDF AND POST the U.S. Fish and Wildlife Ser- like grazing, but officials are REPORT PERFECT vice,expressly for the enhance- hopeful that the prescribed ment of survival of species liv- burn could be beneficial for CONDITIONS mg in the area. It is the first both the property and CDF. permit of its kind in the nation. The state's firefighting agency POST has spent the last few also uses the opportunity to By MARC LONGPRE years experimenting with other train firefighters in techniques I marc@hmbrevie ..com I land management practices, for battling wildfires. ■ The Peninsula Open Space Trust partnered with the Cali- forma Department of Forestry ( WEATHER & TIDES ] last week to start—and extin- guish — a fire at Cloverdale Look ahead forecast Coastal Ranch just outside Pescadero. THU FRI SAT SUN The Aug.30 prescribed burn was used to aid "disturbance J`A b 4 "'a dependent" species like the San Francisco garter snake.Ac ......................... 1 Mostly cloudy Partly cloudy Partly cloudy Partly cloudy Of iicials with High-64' High-62' High--6o° High-61° both CDF and -- POST reported Half Moon Bay Tides Ray Filch Low High Low perfect conditions r� »S=Uir S:25a/—' n:53P/5.9' S45P/b- for the burn. Sun 12:518/5.4' 6:45111/0.9' 1:02Pj6.,' 7.32P/0.1' cording to Ann Sharman, POST director of communica- Tun 3:0711/44 Sn6a/2.3' 2:26P/6.0' 9:36p/o.,' lions,the grass can give way to thicker shrubbery and even trees,leaving no habitat for the Sunrise and sunset endangered snake. Officials with both CDF and nay Sunrise Sunset Saturday 6:16 a.m. 7•.27 P.m. POST reported perfect condi- Wedn` . ;, :: gym':Z_ tons for the burn. Fh.,rsdzy 6.45 a m. 7:30 p m. Monday 6 48 a 7:zq P.M. The burn was approved by Fnday 6:q5 a.m. 7:zs p.m. Tq '6 g5 a:m. ; Motmtain dew r d LOCalNews `-hywEsc Proposition 90 in the crosshai rs MIKE KASPERZAK SAYS document,called the"regulatory tided,the report said., to private property. Examples be Wipe conomic loss and given from the city budgei EMINENT DOMAIN' taking section"The proposition. City manager Kevin Duggan of substantial economic to the developers. is deceptive, he said, because said the city hasn't taken a posi- include,,but are not limited The Golden State.Manufac- MEASURE IS DECEPTIVE this section,which has little to tion on the proposed measure, to, the down-zoning of private tured Homes Association has By Daniel DeBolt do with eminent domain,would but that information indicates property,.the elimination of any elected to oppose the measure, paralyze the city with threatened "that it goes well beyond what access to private property, and which would give park owners litigation from property owners some might view as eminent limitations on the use of private leverage in court to oppose ten- A s a coalition of 100 diverse over any city action, from the domain reform." air space. `Government action' ant complaints and rent control /—X groups grows to oppose installation of streetlights and "It is sufficiently vague to prob- shall mean any statute,charter ordinances. 1 1California's"Protect Our parking meters to 500-home ably create a whole new area of provision,ordinance,resolution, Kathy Fairchild,spokeswoman Homes Act,"city council mem- developments,if it can be proven litigation,"Duggan said."I have law,rule or regulation." for the campaign against Prop. ber Mike Kasperzak has taken up that the city's actions lowered a seldom seen a proposition where According to spokesman,Gil- 90,said the initiative reaches into the task of fighting the proposi- property value. after some initial analysis the liard,a typical Prop.90 case would business law, because all busi- tion in Mountain View. League of California Cities is this occur when someone buys proper- nests are considered property. Kasperzak brought up the More lawsuits? concerned." ,- ty zoned one way,but before devel- If the state wanted to raise the measure at the cod'of the July Proponents of the initiative The initiative"sh*m at the fun- opment can start the government minimum wage, restrict junk 22 council meeting as a topic for document examples of eminent damental level ofkocal government down-zones the property and mail or telemarketing or make future discussion: He hopes to domain abuse on the Web site in regards to.its primary areas lowers its value in the process• any new laws effecting businesses "If the government is going to in,any way, businesses would add it to the council agenda in www.90yes.com. "Yes on 90" the next few weeks. spokesperson Dave Gilliard said change the rules after the game have new leverage in their law- Most know of Proposition most of the victims of eminent `jt is sufficiently is over and passes legislation that suits,Fairchild said. 90 as one that would prevent domain abuse ire poor working affects your property value,then Gilliard disagreed that these abuse of eminent domain.It is class people who can't afford to vague to probably you have.a right to be compen- types of lawsuits would result one of many propositions like it take the government to court, sated,"Gilliard said. "I think a lot of what happens in being pursued in several states and are not compensated fairly create a whole new Gilliard said the provision these campaigns is a lot of people after last year's controversial in the process. doesn't apply to current laws sit around thinking of absurd sce- Su reme decision in the But critics ro nents are area of litigation. and environmental regulations, narios to fit in their argument," P. Court �Y P l� so-called Keto case which effec- usingthe old"bait and switch" which means criticism from Gilliard said- "Its pretty dear KEVIN DUGGAN tively forced middle-lass homes technique,and call the initiative environmental groups about we're talking about property,not CITY MANAGER a aceuti- a"taxpayer tra ." devdo rs losing all environ- some esoteric definition." to make way for h rmPe Y PP cal plant. According to the California mental accountability is wrong. The initiative is funded largely Prop. 90's advocates claim it Poll by Mervin Field,a majority of responsibility," Duggan said, by New York millionaire Howard would counter the Kelo decision of voters are taking the"bait." "where the community expects Taxpayer dollars at stake Rich. Rich is also funding five by restricting eminent domain to In a report released Aug. 2, us to be responsive and represent But critics say the provision similar ballot measures in five public projects. Kasperzak said Field found that in response, their interests." can be interpreted too broadly. other western states,and report- curtailing the use of eminent to the initiative's official sum Duggan said the initiative war- If the Mayfield housing devel- edly is a property owner in several domain is a decent cause, but mary, 46 percent of regular, rants a dose read.The controver- opment had been planned with states. the "Protect Our.Homes Act" voters support the proposition sial'section reads: Prop: 90 in effect, Kasperzak "This bill changes so many reaches much farther than emi- across both major parties,while "Except when taken to protect said,the city could face a lawsuit things,"Kasperzak said."No-one nent domain, 31 percent oppose it.But only public health and safety,`dam- from developers for the value of is going to read the fine print." 'It's what's hidden in this ini- one in four voters are informed age',to private property includes the homes they weren't allowed tiative'`said Kasperzak,referring about the measure so far,and government actions that result to build,which would mean mil- E-mail Daniel DeBolt at to one paragraph in the four-page a quarter of voters were unde- in substantial economic loss lions in taxpayer dollars would ddebolt@mv-voice_com i t e mana N E W S Officials see Prop 90 as threa t to town powers ■Proposition 90 backers say it addresses'eminent Outside funding for Prop 90 domain eACeSS2S.�{�� 1�u California Secretary of of outside money,Mr.Spillane By David Boyce p�� -j0* state's office shows the Yea on said it helped pay for signatum n dypy ('' a 90" campaign.to have raised gathering efforts to qualify the million as ofA initiative. The very people about$2:5 ugust .. 14:Dona tions include$1.5 mil- that were talking about(pro- n the moniirig of Novem- ber g,Planning commis- lion from the New York-beard testing from eminent-domain for led abuse)don't have the money," council Fund by O:loners and town corn ecY. oward he said. "That money comes teen H tY m embers in Woodside,Portola reslesta Valley.Memo Park and Atherton Rich,who is' a director at from someone who believes in could wake up to new limits on the Libertarian Cato Institute in reforming thOM m" thew rights to regulate the charac- Washington,D.C. The"No o "campaign ter of neighborhoods in town. Other gifts from outside the lists donations of $997,000, Proposition 90, touted as a state include $600,000 from including$450,000 from the reformweminmt-donnainexcess- "Montanan in Action" and League of California Cities; es,is being sera by the initiative: $224,000frotnthelllinois-based $130,000 each from the Nature opponentsasconcealingwithinits "Club for Growth State Action." Conservancy in Virginia and tact a substantial impact on local Contributions from Califoattia Californians For Neighbor- . nt donors include UW,000 from hood Protection(sponsored by The imnitiatip echoes similar Fieldstead & Co,an Irvine the California League of Con- measures in other states crafted based donor to conservative and servationVoters);and$20,000 in the aftermath of the 2005 U.S. Christian causes;and$5,300 in each from six environmental Supreme Court decision in Kelo $l00 gifts agrouts including three from P d in which Asked about the prominence out of are . v.Cityof New London, the court affirmed a decision by the Connecticut city to use emi- nent domain to seize privately homes.The owner could sue for the opposition."They're trying to owned land and resell it to a the value of the 1,500 homes not say that civilization will erid as we private developer. built Mr.Breensaid.Even the know it if Proposition 90 passes." Opponents of the proposed threat of a lawsuit could intimi- The focus of the initiative,he California constitutional amend- date a town that already has every added,is to protect poor,work- ment say it would band property dollar accounted for,he said. ing-class and immigrant victims owners a big stick with which "Consider what Portola Val- from eminent-domain abuse. to intimidate local officials by ley would have looked like if a Tom Adams,a retired attor- allowing owners to sue over new law like this were inplace(long ney and the board president and amended regulations that ago),"he said.At best,Propo- of the California League of "devalue"private property. sition 90 will be a"very,very Conservation Voters,does not The Palo Alto City.Council, bad law, and it could bring agree."I think they're trying tp hijack people's concern about "a complete hi local government I P P Proposition 90's TnP ' atin Pro .antis go anticipating r eminent domain for a much recently rezoned some standstill." passage, " e said."The ' example is an broader agenda,"h reon s ge • residential arras as a business! Mr. B p residential mix'to protect the real impact of Proposition 90 is city's sales tax base and prevent going to be to expose the taxpay- commercial property owners Proposition 90 could ers in California to billions and from selling out to housing bring local government billions of dollars in claims." developers—currently a more profitable investment to a complete standstill,' Local comment Zoning decisions would indeed says Craig Breon,a The Almanac asked planning be vulnerable tolawauitsclaimirig commission chairs in Portola a property has beendevalued,said former Portola Valley Valley and Menlo Park about Craig Breon,an environmental planning commissioner. the merits of Proposition 90. attorney and former Portola Val- Portola Valley has no land in e ley planning commissioner. So need of urgent rgt rezoning, said would environmental regula- extreme case,said Kevin Spillane, Arthur"Chip"McIntosh,who tions and use permits,he said.A a Sacramento-based spokesman said he was unfamiliar with the property owner could sue over feu the "Yes on 90" campaign. initiative's details. restrictions on building size,loca- Most WA within a nts In Menlo Park,Harry Bims tion and in the case ofa business, jurisdiction is y zoned,he said he likes the general direc- hours of operation,he said. said,and if the pared in question tion of Proposition 90 in light Anybody can sue now;' Mr. were zoned for fewer than 500 of the,U.S. Supreme Court Breon noted. "The.question is, homes,Proposition 90 would be decision, and he noted that how many cards do you put in ofnohelp. public health and safety are their hands to do so?_If there's As for restrictions on building factors in most regulatory a small problem with eminent size and location and the oper- decisions,but he is troubled by domain,have the fix ating hours of a business Mr. three elements: that Don't give peo.L to Spillane no that governments ■ The initiative seems to terrorize any government entity in routinely justify such restric- delete references to "morals, California," lions as publichealth and safety comfort and general welfare" Suppose Proposition 90 passed: issues,an area that Proposition that are normally cited,along and a town then zoned or rezoned 90 defers to. with health and safety,as Ion- a parcel for 500 homes,but the "They're running a very dirty parcel's owner envisioned 2,000 campaign,"Mr.Spillane said of sae PROP 9D.next Page Mounta:inView . VOICE rQ ® EDITORIAL \Y1(VI THE OPINION OF THE VOICE . H Prop. 90's bait and switch LDeal government officials all over the state are worried about a little-known initiative—Proposition 90—that could cause a sea change in the way cities do business.And property owners should worry too. The November ballot measure aims to convince voters that they must back Prop.90 to protect their private property from being "taken"by evil government agencies.That charge is bogus,and we hope Mountain View residents oppose the measure,which is. backed by New York millionaire Howard Rich,who is also fund- ing similar measures in five other western states. Using the highly charged title"Save Our Homes Act,"propo- nents of Prop.90 are attempting to traffic in the fear spread by a recent Supreme Court decision that authorized a local govern- ment 8 ment to take several small homes in order to build a commercial development in Connecticut.A close read of Proposition 90 shows that its real purpose is not to oppose eminent domain,but to hamstringagencies that routinely pass g ass zoning ordinances and other regulations that impact private property. If Proposition 90 were to pass,any action by a government agency in California could force that agency to pay damages to an owner who successfully proved in court that his or her property lost value as a result of the action.This part of Prop. 90 runs far afield of any perceived threat ofxproperty being taken by eminent domain. Mountain View City Manager Kevin Duggan said information indicates"that it goes well beyond what some might view as emi- nent domain reform."He added,"It is sufficiently vague to prob- ably create a whole new area of litigation"and is one of few such measures to be opposed by the California League of Cities. Area residents are already experiencing the pain of similar property rights litigation filed by Saratoga resident Aaron Katz, which stymied sale of$148 million in bonds for El Camino Hospital's expansion project until Katz was paid$200,000 to back off.Another suit by Katz has left in limbo the sale of nearly $500 million in voter-approved bonds for the Foothill-De Anza Community College District,and the Mountain View Whisman School District has spent thousands of dollars defending a parcel tax opposed by Katz. Local governments and special districts were formed and approved by voters to act in the public interest,a fact many private property advocates have lost sight of in recent years.In virtually all cases,the taking of any property or the so-called "down-zoning"of private holdings is avoided or adequate com- pensation is provided.Attorneys like Mr.Katz would have a field day suing local governments if Prop.90 is made into law. Besides adding red tape and expensive lawsuits,Prop.90 could drive up the costs of virtually any public works project,includ- ing schools,roads,and public safety buildings.Environmental groups fear Prop.90 could block enactment of environmental protections at all levels of government. There is no good reason for Prop.90 to be enacted today.Gov- ernment agencies are not running roughshod over California property owners.Eminent domain is not a terrorist threat to pri- vate property rights.But Prop.90 could easily be a costly thorn in the side of local governments,and at the same time line the pock- ets of attorneys who would gladly use it to their own,advantage. a n mantic �VyLGtiLG1k� N E W S r Peninsula.®pen Space Trust to move to Palo alto ■POST buys building on High Street; at 3000 Sand Hill Road, move from 3,600 square feet of public transportation, which will move from Menlo Park The High Street building office space with no conference will "hopefully decrease our was purchased from the Foun- room to 8,600 square feet with a collective fuel consumption," The Peninsula Open Space and parkland in San Mateo and dation for Global Commu- big conference room and several he said. Trust,based on Sand Hill Road Santa Clara counties,announced nity,which'plans to move into sm.Uer_o... Ms. Rust said this signals in Menlo Park for 28 years,'is August 24 that it has purchased smaller quarters across the "Most of what we do is negoti- POST's "continued and long- moving to Palo Alto. a building at 222 High St.for$5 street, said POST President ate,"Ms.Rust said. term commitment".to-'open The nonprofit organization, million and plans to move in Audrey Rust. POST hoard member Allan space protection. which has raised funds to save early neat year. No donor money was used Brown said the move is an POST board chair Susan Ford thousands ofacres as open space POST has been renting space in the purchase,Ms.Rust said. opportunity to "walk the Dorsey said the new office The money came from earnings talk"on protecting the envi- space will help POST" and on the foundation's investment ronment., The building is expand its efforts to protect the portfolio,she said. equipped with solar panels, beauty,character and diversity". POST's 24 employees will and is easily accessible b of the Peninsula. P Y Y San Mateo,CA (San Mateo Co.) San Mateo Daily Journal (Cir.W.) AUG 2 8 2006 P.C.B.Est.1888 .��en's ' T-el -e co-u n. sto 7,10 lingu th S ry, By Heather Murtagh story. They came to the East Bay DAILY JOURNAL STAFF around the 1860s around the same time the county was starting. So I One hundred and fifty years of feel a direct connection with what it San Mateo County history is just must've been like at that time,"she months away from being depicted in said. an hour-long documentary. Not every interview will make it It's up to Jon Rubin, National into the final cut of the movie.Every Image Works, and KM2 CEO and interview,however,was a valuable President Kevin Mullin to cut down guide while making the movie,said more than 100 interviews to tell the Mullin.All of the raw footage will 60-minute story. The documentary be kept as an oral history of the area. is part of the county's sesquicenten- The pair hopes to highlight some nial celebration. The San Mateo of the lesser recognized facts of the County Historical Association will keep all the extra footage and final area. Foreign-born residents living on the Peninsula,for example,have cut of the movie. With a looming `` made up about one-third of the pop- December premiere date,Rubin and ulation the entire time,he said. Mullin are busy collecting inter-views and editing film. Despite the differences,the level They intend to tell the story of the of counterproductive tension Ohlonremained low.This collaboration is suburb tribe through the high-tech what allowed successes like the air- suburban county the area now. port and the biotech industry. The "We want to show how it all documentary will bring the faces of developed and the lessons which that collaboration to the forefront. were learned.The things which lead to good things and the bad things;" "There's a lot of interestino- ple,interesting stories to tell,'said said Rubin. s the most Rubin. "It's not always The San Mateo County Board of y Supervisors agreed to give the proj. famous or wealthy person but if you ect $75,000 in January as long as look hard enough there are amazing the San Mateo County Historical j,',;T,,. interesting people. That's the best Association ponies up the differ- x per" ence.The cost of completing a 30- to 60-minute video is between ERIKOEWRNME1VDAILYJOURNAL The documentary will premiere $100,000 and$200,000.Since rais- Lennie Roberts,legislative advocate for the Committee for Green Foothills,tells the story of the county's Thursday, Dec. 7 at the Little Fax- ing the matching funds,Rubin and environmental movement for a taping of 60-minute documentary by Jon Rubin and Kevin Mullin. Theatre in Redwood City. Mullin embarked on a history lesson of the county with help from Mitch internment camp, people whose let [them] tell their story." Rubin Committee for Green Foothills, Postel,director of the county's his- ancestors were bootleggers to said."Everyone has a story and it's- shed.a Otte ght on the environ- Heather Murtagh can be reached by e- torical association. plumbers who helped build the air- the most important story in the mental history of the area for the mail: heather@smdailypumal.com or The pair interviewed phone: (650) 344-5200 ext. 105.interviewed a wide van- port. world." documentary. What do you think of this story?Send a ety of people from community lead- "If you bring curiosity to the On Wednesday, Lennie Roberts, "I've actually been,doing a lot of letter to the editor:lcucrs@smdailpour- ers to a man who stayed in an table,everyone is interesting if you legislative advocate for the writing about my own family's life nal.com. 10,5 21 Tobin Crier �Aatcxom COMMUNITY More outcry over eucalYp tus removal -. Town Crier Report The issue of felling eucalyptus trees is now taking hold in Los Altos, where a creekside resident is upset over the trees'removal at the hands of a water company.' Last week,Larry Gardner watched helplessly as , crews from the California Water Service Company took down two tall eucalyptus trees on Cal Water property next to his home on Van Buren Avenue. Cal Water has a water tank and pumping station on the property. Gardner said he protested to Cal Water and claimed he wasn't notified about their impending removal.He indicated the eucalyptus cuttings were a carryover to similar action taking place in Los Altos Hills.Earlier this year,the town adopted a plan to ban planting of new trees and order removal of existing ones as a condition of new site development after a falling eucalyptus branch killed a cyclist Jan. 1. "The issue is that these people are going nuts JOE xvrrowx CRIER (over cutting down eucalyptus)," Gardner said, Cal Water workers cut down mature eucalyptus noting that the trees Cal Water cut down had birds' trees last week on a Van Buren Avenue property. nests in them. Dan Armendariz, production superintendent for He said Cal Water targeted the trees for removal Cal Water's Los Altos district,said the tree removal after a branch had fallen on the equipment. He had nothing to do with Los Altos Hills' actions said the trees posed a threat to their operation and regarding eucalyptus. therefore to water quality. "The trees were in a position where they were a "We saw two trees that we've seen fall over after hazard to our facilities,"Armendariz said last week. a good rain storm,"he said. Gilroy, CA (Santa Clara Co.) Dispatch (Cir. 5xW.24,333) AUG G 1 5 2006 'Allen s P.C.B. Est. 1888 x g 3 HnvvyBirthday,,, of; Santa Clara. Last' . CountyCe Cla Park.ra .. Part Four" ounty par s offer boating, hiking, biking R BY MARTIN CHEEK and more. In the last of a SPECIAL TO SOUTH VALLEY STEVENS CREEK AND NEWSPAPERS UPPER STEVENS CREEK four-part series, we give you a breakdown of WEEK FOUR:STEVENS Two county parks CREEK TO VILLA combine in the Cuperti- Santa Clara County parks no` region to provide from A to Z MONTALVO recreation along , the Parks continued on C6 i i 1 I nt]yL� o n v =r D � CJt A N m w n m No O rn v PARKS: Santa Clara County open space provides hours of recreation continued from C1 NEXT WEEK tranquil Stevens Creek.The 1,077-acre Stevens Creek Writer Martin Cheek shows you what San Benito County's parks have to offer. Park and the 1,095-acre Upper Stevens Creek Park combine to provide a variety of recreation opportunities Christmas Hill Park,located town of Los Gatos'small Oak for hikers, bicyclists, eques- at 7050 Miller Ave. Meadow Park. Kids can trians, anglers and non �. UVAS RESERVOIR enjoy a 10-minute train ride _,: power boating Located west of Moran on the small-scale Billy Jones g The 92-acre Stevens ''" Wildcat Railroad that winds Creek Reservoir is stocked Hill,this 625-acre park is set through the park. During with rainbow trout, black in the foothills of western summer months, free out- bass,catfish and crappie.Pic- }Ir' South Valley and is highlight- door concerts are held every nic areas along the shore are ed by a 284-acre man-made Saturday in June and July by popular with families out- lake used by non-gas pow- local musicians playing big ings as well as weddings and COURTESY SANTA CLARA COUNTY PARKS AND RECREATION ered boaters and anglers.Fish band,jazz and folk songs. other functions. The more stocked in the reservoir Directions: Driving Uvas Canyon near Morgan Hill offers natural beauty and an include trout, black bass, than 17 miles of trails con- escape from everyday life southbound on Highway 17, nect with the mid penninsu- large mouth bass,catfish and take the Lark Avenue exit crappie. Although there are and travel east.Make a Tight la Open Space's Fremont energy. A 500-foot-long Monterey, and drive south icnic facilities near the boat g Older Preserve.A 28-station boardwalk winds over the half a mile to Watsonville p on Los Gatos Boulevard and archery course and range marshes, affording visitors Road. Turn right onto Wat- launch area,they are limited., another right on Blossom allows archers to practice magnificent view of the bay. sonville and drive three Directions: On Highway Hill road.The park entrance their bow and arrow skills. Nearby is a trailhead to the miles to Vvis Road. Turn 101 in Morgan Hill, take the will be on your left. Horses can be rented at the Tennant Avenue exit and San Francisco Bay Trail. Right on to Uvas and drive VILLA MONTALVO Garrod Stables near the Directions: From High- several miles to Croy Road. drive one mile west to Mon- southern entrance on Mount way 237 in Sunnyvale, take Turn left on Croy and con- terey Road.Turn left on Mon- The former estate of Eden Road. the Caribbean Drive exit tinue 4.4 miles, passing terey and drive south half a James Duval Phelan, whose Directions:In Cupertino, heading north. The park through the Sveadal private mile to Watsonville Road. family made millions during Turn right onto Watsonville the Gold Rush,this 137 acre take Interstate 280 to entrance is on the right. resort. The park is immedi- Foothill Expressway exit. ately after Sveadal. and drive three miles to Uvas park tucked up in the Follow Foothill Boulevard WAS CANYON Road.Turn Right on to Uvas foothills 'above Saratoga west for three miles to the A pleasant winding drive UVAS CREEK PRESERVE and drive 2.4 miles to the offers expansive lawns and northern park entrance. takes you through the Operated by the city of reservoir. The parking lot i, formal gardens as well as (Foothill changes into foothills west of Morgan Hill Gilroy, this 125-acre green- on the right. several miles of hiking trails Stevens Canyon Road after it to this 1,200-acre park set in a belt runs along the Uvas VASONA LAKE through the redwoods. On cross McClellan Road.) secluded niche of Santa Creek and gives visitors the weekends,the palatial home Clara County. Spanish set- opportunity to study, first This placid 151-acre park is a popular site for outdoor SUNNYVALE BAYLANDS tlers named the canyon after hand a natural riparian corri- offers activities from picnics weddings. Throughout the PARK the wild grapes that grew dor. It extends from Santa and boating to biking and in- summer, the Villa Montalvo Within Sunnyvale,the 70- here,The park is famous for Teresa Boulevard to West line skating along the trail Association hosts a series of acre Baylands Park along the its many waterfalls that run Luchessa Avenue. The pre- skirting a small man-made popular concerts attracting marshlands of the San Fran- vigorously after heavy win- serve was first conceived in reservoir. The lake is the big-name artists. cisco is a joint city-county ter rains. Activities include the 1970s and the restoration home of tame ducks and Directions: Located in park that's a tranquil place to camping, hiking along six of the creek began in 1995 at geese.Anglers can also enjoy Saratoga at 15400 Montalvo get away from Silicon Val- miles of trails and icnick- the site of a sand and gravel a lazy afternoon fishing. Road, just off Los Gatos- ley's high-energy rush. Its ing. p mining business.-It was f und- Canoes and paddleboats are Saratoga Road (look for the wetlands are home'to a num- Directions: On Highway ed in part by a $1 million available for rent during stone griffins guarding the summer months. Facilities ber of fowl species, such as 101 in Morgan Hill,take the bequest from former coun )• long-billed curlews,burrow- Tennant Avenue exit and cilman and developer Den- f entrance horseshoes and volleyball 1.1 e. in owls,and great egrets.A are also available.The park is Martin Cheek is the author ol'The Silicon g g g drive one mile west.to Mon- nis DeBell. adjacent to the Los Gatos Valley Handbook.'a aHe uthor be reached at creative playground area lets terey Poad. Turn left on Directions: In Gilroy at Creek Parkway as well as the warty Hand ew9Papecan be. kids work off some of their Gilroy , CA (Santa Clara Co.) Dispatch (Cir. 5xW. 24,333) AUG - 8 200b Allen Is P.C.B. Est. 1888 I ' alrthiday, pY Santa Clara County se Parks: Part Three 2rlD boating, Lexington Reservoir. It's an excellent the South Valley. Trails suitable for County parks offer Place to see riparian plants and ' both beginners and experts are avail- h i k j n g, biking and more. In wildlife in'an intricate water system of able. The trails rise to a 1,000-foot the third of a four-part ` percolation ponds and creeks. It pass= ridge,allowing park users to enjoy the series, we give you a es close to the_city of Campbell's scenery from Gilroy to San Francisco. breakdown of Santa Clara downtown region.Farther south along The park also has a motocross Compe- Z the trail near,downtown Los Gatos, it tition track and a mini-motocross County parks from A t0 passes near.the historic Forbes Mill, track (for smaller 'engines). A oval WEEK THREE:LOS GATOS CREEK now a local museum of the to vim track is operated by the Baylands Midget Racing Association TO SANTA TERESA past. Quarter M Directions: In the city of Camp- ,for quarter-midget racing and prac- LOS GATOS CREEK bell, access the trail at.Campbell Park tice. - off Campbell Avenue (near the Directions: From South Valley, This nine-mile trail is popular with just P` 1 to South Prune yard shopping center). drive.north on Highway 10 pedestrians, hikers and bicyclists - it y pp g San Jose's Bernal Road exit.Drive west can get a bit crowded on sunny week- _ MOTORCYCLE ends. In San ose,. it .be s near the about 0.2 miles to Monterey Highway J gin More than 20 mires of trails for south exit, and drive south just over a intersection of Leigh Avenue and Wil- motorcyclists, and ATV..riders Cris- low Street and.winds south toward cross thus 4597acre park just.north of Parks continued on C6■ tsanta Laara Co.) Dispatch (Cir.5x V1.24,333) AUG - 8 200b ._ r PARKS: Santa Clara County celebrates No. 50 continued from Cl mile to Metcalf Road.Turn Y ' left on Metcalf,and drive 2.5 - {?: miles to the park entrance in r the foothills east of Hi ghway 101. ra n,} MOUNT MADONNA , Here in the South Valley just west of Gilroy,we have one of the most beautiful of .1 the county parks on the crest of Mount Madonna. The 3,688-acre park near the summit of Hecker Pass is covered by redwood forests, oak woodlands, chaparral and grassy meadows. The park provides panoramas of the Santa Clara Valley to the east and Monterey Bay to the west.A visitors center at the park headquarters allows users to learn about PHOTOS COURTESY SANTA CLARA COUNTY PARKS AND RECREATION the natural history as well as the Ohlone Indians who Here in the South once made Mount Madonna their hunting and acorn har- Valley just West of vesting land.In the 19th cen- tury,Henry Miller,the pio- GIlroy, we have neer cattle rancher, built himself a fine summer one of the most retreat here-and the con- crete foundation still beautiful of the remains to give visitors a sense of the home's county parks on grandeur. Activities include 118 the crest of drive-in and walk-in camp- sites-each of which comes Mount Madonna. with a barbecue pit,a food locker and a picnic table. Hikers and equestrians can TOP:Mount Madonna trek along 14 miles of trail covers 3,688 acres and meandering through the RANCHO SAN ANTONIO features towering redwoods.ABOVE AND various natural zones of the ark. Archery enthusiasts Although this county RIGHT:Santa Teresa offers P ry outdoor enthusiasts running can practice their bow and Park itself is small at 165 trails and spots for archery. arrow skills in an archery acres, it's situated next to range set among the red- 2,135 acres of the mid-penin- K,�s. sula Regional Open Space the day-use area. Families Directions:From Gilroy, District preserve in the Sky- might also want to check out drive 10 miles west on High- line Ridge foothills just west the nature display at the r ' way 152(Hecker Pass Road). of Interstate 280 near Los youth Science Institute tit krw - Near the summit,turn right Altos. The park has more. inside the park's ground. "on Pole Line Road.The park than 23 miles of jogging and Shakespeare enthusiasts entrance is located just hiking trails as well as bicy- should definitely visit the down the road. cling and equestrian trials.A park during the summer, PENITENCIA CREEK staging area for non-gas when the Shady Shake- grounds has parking for powered model airplanes speare troupe performs more than 170 vehicles as A four-mile regional trail allows for take-offs and there (check out the Web well as a staging area for park of about 134 acres that lands in the South Meadow site at equestrians. A picnic area follows the Penitencia Creek area.In the Open Space Pre- www.shadyshakes.org). RV has a large barbecue pit that in east San Jose,visitors can serve is Deer Hollow Farm, camping is available year can service up to 100 people. enjoy gardens and open where visitors can see first- round - with electric and An archery range is also space from various agencies hand the agricultural her- water hook-ups and a dump open for public use and including the City of San itage of Santa Clara Valley. station. Tent camping is occasional tournaments are Jose and the Santa Clara Val- Directions: On Interstate open from late March to late scheduled throughout the ley Water District.The park 280,take the Foothill Boule- October. .An American Year. An 18-hole champi- connects to the city of San vard exit and drive south youth Hostel is also open onship golf course is operat- Jose's 700 acre Alum Rock about.2 miles to Cristo Rey inside the park Call (408) ed by a concessionaire.Call Regional Park,and provides Drive. Turn right at this 293-3787 for more details. (408)225-2650 for details. recreation for hikers,bikers, drive and proceed about 1 SANTA TERESA Directions: From South equestrians and nature mile to the park entrance. Valley,drive north on High- lovers. SANBORN Panoramic views of Coy- way 101.and take the Bernal Directions: From South ote and Almaden valleys can Road exit in south San Jose. Valley, drive north,to San Nestled in the Santa Cruz be taken in from the ridge- Drive 1.3 miles on Bernal Jose'on Highway 101.Take Mountains, this 3,688 acre line trails of this 1.627-acre and cross Santa Teresa the McKeen Road exit and 'park is located between park just north of South Val- Boulevard past the Santa drive east on McKeen L2 Saratoga and Skyline Boule- ley. More than 18 miles of Teresa Golf Club and up into miles to Jackson Avenue. var'd. It has more than 15 trails wind through the park the hills.The day-use area is Turn left on Jackson and miles of trails passing for equestrian, hiker and located just past the park head 0.7 miles to Mabury through redwood and tan bicyclists'enjoyment.Trails entrance, which will be on Road.Access to the trail is bark oak groves.A mile-long lead to the historic Bernal- your left. located on the northwest nature trail helps visitors Gulnac-Joice Ranch site as 2 Ci comer of Jackson and learn about the flora and well as the Santa Teresa Martin Cheek is the sulhor ol'The 50lcon Mabury. fauna.located in the region. Springs. The day-use Valley Handhook.'He can he reached at Picnic tables are available in �- acn ,�,Fraa A - bro A ck N De1Hr 1!1 CAIIr OIN[A'1 IAtG[1I nFWS>AtF[ 1 Golden Gate National Recreation Area Lands SUM ANNIVERSARY:The national recreation area's conservancy has become a ., ® ar Golden Gate E Managed try Nationaall Parks boundaries the National Park'ervu_e worldwide model of how a nonprofit can harness the public's energy for an urban pal k Martinelli Ranch alema Valley < a� `Samuel P.Taylor State Park, Mann Municipal Water ark ct GOLDEN GATE VISIONARIES Mount TarnalP P als State Park Muir Woods Nat'l Monument Celebrating By Chuck Squatriglia j So Rear. Ma.l\n Headlands CHRONICLE STAFF WRITER years r�Angel Island State Park 4 million hours of When the five founding members of the Golden / R4 i4>' 3 •t &n M'""V� Fort Baker time donated by Gate National Parks Conservancy met for the lust / Mcatra:Is. volunteers. time 25 years ago,the biggest issue they faced was / choosingstrands for the ark bookstore. / v°i'r Point sonila W P :j .! t, Fort Point Presidio 1,491 acres of the Today,the conservancy coordinates some of the son (mar.,aed by Presidio designated - -- Lands tlm FondSea me v��•1 dl� most ambitious park projects in the country,general- , national parkland. es usomatched support for the Golden Gate National .vl� cuff House e Trust �n 335 acres of Fort Recreation Area and fields an army of volunteers who o ecach" oelr city Baker designated since 1981 have spent 4 million hours doing work Fort F n.I"n F eay� retlortaI parkland. like Pig wee res o an banding rap- ds in the Pidid bdi --------rl 100 acres of shore- tors atop the Marin Headlands Mllagra Ridge P,o ro uIT[s line park created at As it celebrates its silver anniversary,the toner- Mori Paint.',=- Cnss Fled. van ranks among the most successful nonprofit swe Holt; Y �Y g P Y y 17 miles of trails l7ult, foundations affiliated with any of the 385 national San f_isco -i or planned parks.It has raised$100 million over its lifetime and - Walershed ; has fundamentally changed how national parks work Ran I corral 7 endangered spe- Bunn w.uaYTar dhrmdvle d Tir— with communities . H;ir+ ties habitats restored. But more than that,it has nurtured the vision that At Crissy Field on the edge of the bay,Sam Dineley swings at a pitch Point s Pedro Moon' 5 wetlands restored. ►CONSERVANCY:Page A4 from his dad,Doug,while their friend Bruce plays catcher. Phicgcr rsinte - CAia.+cY Gop.is I "T- brionlide V OtI MEtH CAI�IOtH,AS lARci31 N[WiRA lit A4 San;?ranrisro Cl)ronirlr 000ya•, ®® SATURDAY.AUGUST 26. Achievingthe best for an urbanpark ►CONSERVANCY -- —---_ ------- ----- From Page A] a `a d 71. j;k �.,. r 1.' { " ;."•,p.i gave the Bay Area one of the ^� world's premier urban parks and one that is a model for parks around the globe. '1 xja 'To look back now, it's truly amazing,"said Brian O'Neill,su- perintendent of Golden Gate Na- tional Recreation Area and one of -�+• _ the five people who chose those first postcards."We wouldn't be anywhere near where we are now without the conservancy.^Such organizations have played -...i :-�. :trrM1 r. ,,, tFR 3 . -^tR. key roles supporting nati onal parks since the Yosemite Association was ..- founded in 1923,just seven years after the creation of the National Park Service,and 90 percent of na- tional parks are served by nonprof- its.They provide educational pro- . gr organize volunteers and � raise tremendous amounts of mon-. ey-nearly$209 million between - 1997 and 2001,according to the General Accounting Office. :, Theu efforts have provided �..:..:y... what advocates call the"margin of - excellence"for America's national' parks, despite budgets that re- _ duced the number of rangers eliminated programs and caused a ...T:. l ... backlog of maintenance projects - even as federal funding for the Na- tional Park Service has climbed The renovation of Crissy Field,with its natural lagoon,is considered one of the greatest achievements of the conservancy. 28 percent since 1998. The Golden Gate conservancy "We had a splendid urban park 1990. V. - has more than 12,000 members in the making,"Moore said."We When the conservancy reached and contributed$11.2 million to wanted to reach the high mark of' its 10th anniversary,it had raised a"- - the park last year.It consistently what an urban national park could $6.25 million and its vision for the generates more money than any mean to the region,the country park was coming into focus. other park association in the coun. and the world." Still,the park lacked a cohesive try. The conservancy raised$9,000 identity.Few people knew that Ab Providing such a"margin of ex- its first year and opened a nursery catraz,Muir Woods,Lands End �1 cellence"was what GregMoore at Fort Funst where on, volunteers and other landmar ks were art p and Bill Whalen sought when theygrew 9,000 plants for the park the same park The conservancy re- founded the conservancy in 1981. Its projects grew more ambi- ahzed people wouldn't support Moore,who still leads the consu- tious.Black Point Battery,an 1864 something they didn't understand, vancy,was a member of the team Army cannon emplacement near so in 1996 it launched what re- that planned the CGNRA after what is now Fort Mason,was re- mains one of its boldest and most Congress authorizedits creation in stored in 1983.Golden Gate Rap- successful moves-branding and 1972;Whalen was a former direc- for Observatory opened in 1985, selling the park for of the National Park Service An audio tour of Alcatraz Island It was unprecedented,and the who served as the parles first super- was begun in 1987. The Muir series of iconic posters by Michael intendent Woods visitors'center opened in Schwab became a hit The posters x.r WADE i rn.Ch.on;r4 provided the template for every- Volunteer Jesse Fujikawa of Walnut Creek examines the roots of thing from the park's signs to its a strawberry cutting at the native plant nursery at the Presidio. letterhead,and the branding was so successful that other conservan- 'It's a fine line in deciding how cased on all national parks"les ties-including the Alaska Natu- much marketing to do,but they've classy,it's tasteful and it's raised ralliistoryAssociation and Nation- done a great job,"said Sara Steele,a tremendous awareness of the al Capitol Region Parks - are spokeswoman for the National parks." adopting similar campaigns. Park Foundation,a nonprofit fo- The conservancy's ideals - � �,,, we're best at — bold vision and Mw an n. �� community participation,"Moore a i it - said. Nothing catapulted us into — bruo � i r public view like Crissy Field." N+_RIHERN CALIFORNIA'S LARGEST NEWSPAPER The conservancy built upon its success with the Crissy Field Cen- ter, a pioneering effort to bring children into parks.It has brought more than 12,750 children to Cris- sy Field since 2001,and supporters 'Milestones say it has made deep inroads into low-income and minority commu- 1981 Golden Gate Na- nities that traditionally have not ,banal Parks Conservancy visited national parks. Mounded "They've been able to connect 1983 Restoration of'?' more broadly with the communi- ty,and it's a measure of their excel- lence," said Neal Desai, Bay Area "1985—Opening of Golden; program manager of the National ate National Parks Raptor.' Parks Conservation Association, Observatory an independent advocacy organ- 1987—Alcatraz cell hous,' zation."Other parks haven't been a audio tour added I able to achieve that." 1990—Muir Wood wt Although not all parks can repli- �fprs'center opens cate the success of the conservancy —where officials admit their job is 1995-Presidia trans easier than most because of the ferred to Golden Gate Na park's beauty,its proximity and the tional Recreation Area local residents' passion for nature k 1996—Park"branding' —InteriorSecretaryDirkKempth- cainpaign begins orne has cited Crissy Field and its '1998—Restoration of center as models for the National Crissy Field begins Park Service. 1,999—Crissy Field tidal t South African National Parks imarsh restored and open to officials sought the conservancy's ublic guidance for preserving Table Mountain National Park, and r2000—Crissy Field' groups from the National Parks of jation completed l New York Harbor and the Sydney 2004 --Restoration of ='a HarbourTrust in Australia will visit Alcatraz gardens begins, in the coming weeks. �2006—Restoration,- Geoff Bailey,executive director Lands End begins `t k of the Sydney HarbourTrust, said he is particularly impressed with ource Golden;�ate/VatjgnalYarks' the conservancy's volunteer pro- grams, which have enlisted more than 150,000 people since its foun- deep community involvement in ding.Such programs not only im- the park and broad financial sup- prove the park,they strengthen its port for it —reached their zenith ties to the public,he said. with the renovation of Crissy Field, "You can't help but feel con- widely considered its greatest suc- nected to it, said Jan Blum,a retir- cess. The $32 million project, ee who has volunteered two days a which was completed in 2000, week at the nurseries since 1999. p you're "You feel like art of the cre- broughttogether abroad coalition y — from conservationists to wind- ation of the park." surfers — and relied upon thou- That is exactly what the Golden sands of volunteers. Gate National Parks Conservancy Rarely had a national park made hoped to achieve when it started, such a concerted effort to get the said O'Neill,the park superinten- public involved in a project.In the dent.It has succeeded beyond any- past, parks might have had a citi- one's wildest expectation,he said. zens' advisory board to represent "I didn't think we'd be here,"he the public,but the conservancy in- said."I'm an optimist who always vited anyone with an interest in the sees the glass as half full, but I project to get directly involved. would have never thought it would The project also garnered finan- become as big as it has.What's hap- cial support from sources ranging pening here could be a lesson for from children who donated their the Park Service." allowance to the $18 million pro- vided by the Evelyn and Walter E-mail Chuck Squatriglia at Haas Jr. Fund — the largest non- csquatriglia@sfchronicle.com. - land contribution to a national park in Park Service history. Yes on Measure A The Santa Clara County Land Conservation Initiative will preserve our region as a desirable place to live and work. It amends the County General Plan to help protect hillsides, ranchlands and agriculture by reducing the number of developable parcels permitted in rural areas. It places additional safeguards on scenic views,streamside corridors and sensitive wildlife habitat, The Facts * The Initiative covers unincorporated County lands, and does not apply to cities or areas within their urban service boundaries,such as Coyote Valley. It also does not apply to areas zoned "Rural Residential," such as San Martin, or areas zoned"Medium-kale Agriculture," including lands along the 101 corridor between Gilroy and Morgan Hill. * Under Measure A, all existing legal parcels and uses remain valid.The measure is not applicable if it would violate any persons property rights. • Measure A supports working farms. It freely permits agricultural uses, including processing facilities and housing for farm employees. It prevent subdivisions-incompatible with farming-in the midst of agricultural operations. * The Initiative will save the County money by reducing development in remote areas where providing infrastructure and services costs more money than is recouped in property taxes, * None of the land covered by the Initiative is planned or suitable for affordable housing. • The Initiative aims to create a balance between fast-growing urban areas and rural open space that provides a refuge from the hustle and bustle of city life. By preserving our quality of life,businesses in Silicon Valley will continue to attract and retain quality workers. • The Initiative is patterned after successful initiatives approved in San Mateo and Alameda Counties. Links Frequently Asked Questions-www.OpenSpace2OO6.ore faq.htm 4-page summary of Initiative-www.OpenSpace2006.org/initiative.htm County Land Use Map-www.OpenSpace2OO6.org/pdf/LandUsePl nO -05.pdf i September 14, 2006 Mr. Crain Dremman DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION i)ear mr. uremman: This letter is in response to your email dated August 23, 2006. The Board continues to appreciate your interest in native grasses and flora on District preserves and your concern regarding the presence and management of nonnative plant species. As we've stated in our previous correspondence, the District is making a concerted effort to expand our resource management program to be better able to respond to the issues you've raised such as controlling nonnative plants and restoring native ecosystems to District preserves. The Board understands that it takes significant time and financial resources to protect and manage the lands we own. Although the District is always looking for new funding opportunities, we do not have current plans to obtain increased public funds through bond or ballot measures. We will continue to carry out the District's mission of purchasing land while striving to protect and restore the lands that we own and manage. Again, please refer to the District's Website, www.opcnspqcg.org, for further information on the District's action plan, budget, and activities, including restoration efforts and controlling nonnative plant species. We will update the site with new information as it becomes available. Thank you again for your interest and concern about these issues. Sincerely, Jed Cyr, President Board of Directors cc: MROSD Board of Directors Sally Rice From: Craig Dremann Sent: Wednesday, August 23, 2006 10:01 AM To: Sally Rice Cc: Craig Dremann Subject: Re: BOARD OF DIRECTORS, THREE QUESTIONS about 8 District grasslands Sally Rice, Assistant General Manager Midpeninsula Regional Open Space District (650) 691-1200 - tel www.openspace.org Dear Ms. Rice, I emailed this set of three questions to Ms. Reimche this morning, unaware that she is no longer working for the District. Could you please submit these questions to the District's Board for me for their reply, and confirm by email that you have received them? Sincerely, Craig Dremann ----------------------------------------------------------- Subject: Re: BOARD OF DIRECTORS, THREE more QUESTIONS about 8 District grasslands Date: Wed, 23 Aug 2006 07: 31: 48 -0700 From: Craig Dremann To: Margaret Reimche <mreimche@openspace.org> CC: Craig Dremann References: 1 , 2 Margaret Reimche Sr. Administrative Assistant Midpeninsula Regional Open Space District (650) 691-1200 - tel www.openspace.org Dear Ms. Reimche, I have gone out in the last few weeks, to check nine of the District's preserves that have grasslands, and found only one in good shape---with 41% native grass cover and 39% wildflower cover---the Foothills Preserve off Page Mill Road. Effectively, in 2006, the native grasses in full-sun sites have become extinct, or are less than 1% cover, in four of the District's preserves---Fremont Order, Long Ridge, Rancho San Antonio and Windy Hill. Four other preserves only have 2 to 10% native grass cover, close to extinction in 2006---Los Trancos (10%) , Monte Bello (2%) , Skyline Ridge (4%) and Russian Ridge (5%) . If the Board or the District's land managers question the accuracy of any of my perennial native grass cover measurements, they could hire a Structure/Building Single residence or multi complex,out building(barn,storage) • Does building have unknown or hazardous materials? • Exterior walls(stucco or other non- combustible,wood frame,vinyl,wood shake) • Large unprotected windows facing heat source • Proximity of any aboveground fuel tanks (LPG,propane,etc.) • Roof material(wood shake,asphalt,non- combustible) • Eaves(covered with little overhang,exposed with large overhang) • Other features(wood deck,wood patio cover and furniture,wood fencing) Clearances/Exposures/Defensible Space • Structure location(narrow ridge,canyon,mid- slope,chimney) • Adequate clearance around structure-minimum of 100'(steeper the slope the more clearance required) • Surrounding fuels(larger,denser the fuels,the more clearance required) Chapter 6—Urban Interface 139 4 professional botanist or eco-ogist who is familiar with our 1,�al flora, and within one day, confirm my figures for all of the nine preserves. Details are on my web page at http: //www.ecoseeds.com/invent.html Please submit these three new questions to the Board for me: 1 . ) When the District Board allows a resource to go extinct, like the native grass component in four of the District' s Preserves, or if the Board allows a resource to drop to only 2-10% cover because of the lack of effective or adequate management, isn't that basically abandonment by the Board of those properties? 2. ) The eight abandoned District Preserves, where the wildflower and native grass component are extinct or going extinct---isn' t the core problem---when the District purchased those properties, the Board members were never made aware that they would have to invest millions of dollars each year, to rebuilding and managing those native grassland ecosystems, so they would survive for perpetuity? Is the Board aware of it now? 3. ) What plans does the Board have to generate the estimated minimum $5 million annually for the next 10 years, to start the restoration of the eight abandoned District Preserves that contain native grasslands and wildflowers? a. ) Float a bond? b. ) Put on the ballot a District tax increase? V c. ) Stop purchasing new properties for the next 10 years and divert the money into the necessary ecological restoration of the properties the District already owns? I will look forward to the Board' s reply. Sincerely, Craig Dremann (650) ------------------------ ---------------------- 2 Critical Safety Responsibilities: • Develop security needs for supply area. Other Duties: • Review Common Responsibilities (Chapter 7,Page 158). • Organize physical layout of supply area. • Establish procedures for operating supply area. • Set up appropriate record system. • Maintain inventory of supplies and equipment. Ensure reusable tools and equipment are returned to the supply area. Submit necessary reports to Supply Unit Leader. • Notify 8 g Ordering Manager and Finance Section � of suppliesq and equipment received. Tool and Equipment Specialist(TESP) The Tool and Equipment Specialist is responsible d c• for sharpening,servicing,an repair of all hand tools. Critical Safety Responsibilities: • Ensure safety practices are followed in tool conditioning area. Chapter 12—Logistics 267 i I II 1 R ' Regional Open Space MIDPENINSULA REGIC September 1, 2006 C,4 Mr. Mike Raynor DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION Re: Thornewood Open Space Preserve Dear Mr. Raynor, The Midpeninsula Regional Open Space District(District) is in receipt of your letter dated July 26, 2006, regarding the trail system at Thornewood Open Space Preserve. We appreciate the desire of the Woodside Town Council and the Trails Committee that existing trails at the Preserve to remain open and in good condition. This is a very high priority for the District as well. A number of planning projects are currently underway at the Preserve to improve the condition of the trail system and to address significant environmental issues. Thornewood Open Space Preserve is located within the San Francisquito Creek Watershed, which has been listed as "sediment-impaired" under section 303(d) of the Clean Water Act. The District has contracted with a certified engineering geologist who has already begun a comprehensive assessment of the road and trail system to identify and prioritize maintenance needs to protect water quality and improve access. Our goal is to upgrade the existing trails to maintain opportunities for year-round hiking and equestrian use, where feasible, while reducing the potential for erosion and sedimentation in order to comply with the requirements of the Clean Water Act. Based on the results of this assessment, and in coordination with the Trails Committee, the Town of Woodside, other regulatory agencies, and with members of the community, staff will prepare recommendations for trail improvements for consideration by the District Board of Directors. We anticipate that the assessment will be completed this fall and that staff will begin outreach efforts earl this winter. g y r. e The District has also contracted with a civil engineer to assist us in designing a replacement trail bridge across Dennis Martin Creek. This bridge will likely be constructed of prefabricated steel or fiberglass and will be suitable for hikers and equestrians. We anticipate completing the design and engineering work and applying for permits in the fall. To help fund the trail upgrades, bridge replacement, and other erosion control projects designed to protect and improve water quality within the San Francisquito Creek Watershed, the District has partnered with the San Francisco Bay Estuary Institute and the Association of Bay Area Governments to apply for grant funding from the State Water Resources Control Board. We will learn in October of this year if our $200,000 share of the grant request will be considered for funding to help pay for the necessary trail improvements at the Preserve. 330 Distel Circle • Los Altos, CA 94022-1404 Phone:650-691-1200 Fax: 650-691-0485 • E-mail: info@openspace.org • Web site: www.openspace.org Mr. Mike Raynor September 1, 2006 Page 2 There are a number of important resource management projects underway at the Preserve that may also be of interest to the Trails Committee. Last winter the District confirmed the first known occurrence of Sudden Oak Death (SOD) at the Preserve. The District has adopted a ten- year work plan for addressing SOD, including mapping of potentially resistant trees, treating a select number of heritage trees with a fungicide, and establishing a collaborative research fund for SOD research to help guide land management decisions. We will continue to map SOD at the Preserve and to develop and implement protocols to reduce its spread to other locations. The District has taken a lead role in the eradication of slender false brome, a highly invasive non- native grass species. The Preserve and surrounding private properties in the Woodside area appear to be the only known population of this weed in California. In Oregon, slender false brome has spread to over 10,000 acres and has become a major resource management issue. Through the efforts of the District and the San Mateo County Weed Management Area, this species has recently been reclassified by the State of California as a Category A noxious weed, which dictates that it is now considered one of the State's highest priorities for eradication. Efforts to control this species will be considered during our trails planning process for the Preserve. Because the species can only be eradicated through a regional approach involving private landowners and other agencies, we hope that the Trails Committee and the Town of Woodside will join us in developing a comprehensive management plan to eradicate this weed. Schilling Lake is another component of the District's assessment of resource issues at the Preserve. The District intends to develop a long-term management plan for the lake that addresses water quality, habitat enhancement, and dam maintenance. Taking a broad, resource- based approach to address the many planning issues at the Preserve will allow the District to prepare a comprehensive and well-integrated plan for resource management and public access at the Preserve. This will facilitate review of the plan under the California Environmental Quality Act, and will help to consolidate and streamline the permitting process with regulatory agencies including the California Department of Fish and Game and the San Francisco Bay Regional Water Quality Control Board. Should you have any further questions or if you would like more information about the trails planning process at Thornewood Open Space Preserve, please contact Meredith Manning, Open Space Planner 11, at (650) 691-1200. Thank you for taking the time to express your interest in the Preserve. Sincerely, Jed Cyr, President Midpeninsula Regional Open Space District JC:mf.jb cc: Midpeninsula Regional Open Space District Board of Directors L. Craig Britton, General Manager, Midpeninsula Regional Open Space District John Maciel, Operations Manager, Midpeninsula Regional Open Space District Woodside Town Council RECEIVED July 26, 2006 AUG 0 9 2006 Board of Directors , p�NWSU1 A REGIONAL Ici. _a Midpeninsuta Regional Open Space District 330 Distet Circle SPA WTI44CT The Town of Los Altos, CA 94022-1404 Woodside Dear Boardmembers: i Re: Thornewood Open Space Preserve 1 am writing on behalf of the Woodside Town Council and the Woodside Traits Committee. The Town of Woodside has made a strong commitment to its trail system and it is our objective that existing traits are property maintained and kept open. It is my understanding that since the District's purchase of the Thornewood Preserve, the traits have virtually disappeared. The traits at the Thornewood Preserve have been important to Woodside and Portota Valley hikers and riders for marry years. In addition to local neighbors using the traits for a quick one-hour hike/ride, others used it as a link to the Windy Hill Open Space Preserve and Wundertich County Park. Losing this access has greatly diminished the quality of hiking and riding in the area. Landslides and massive fatten trees have made it impossible for horses to navigate the traits. Because of these conditions, equestrians have not been able to ride the trails at Thornewood for at least seven years. Now that the District has cleared the title and property ownership rights issues for its properties in the area, we encourage the District to make the replacement of the bridge at Dennis Martin Creek a top priority. In addition, we also urge the Board to approve the proper funding to "fast track" the planning, engineering, and rebuilding of the hiking and riding traits within the Thornewood Preserve. The members of the Woodside Traits Committee would be happy to provide assistance or advice concerning this matter. Thanks you in advance for your positive consideration of this matter. Sincerely, x74 '✓ ' Mike Raynor, Ch it Woodside Traits Committee cc: Town Council II I Page I of I Craig Britton From: Zoe Kersteen-Tucker[zoekt@hostlandtrust.org) Sent: Tuesday, September 12, 2006 10:41 AM To: Rudy Jurgensen; Matt Freeman; Sue Schectman; Craig Britton Subject: It is official Hi all, Just wanted to let you know that I have accepted the post of Executive Director with the Half Moon Bay Open Space Trust (HOST). I am very excited at the prospect of working with you all in this capacity. Lots to be done here in and around Half Moon Bay and we'll definitely be looking to you all for guidance and partnership (oh, and money, of course!) I'll be working from my home office until the new Year at which point I'll establish and office Half Moon Bay. Contact info. is below. Best, Zoe Zoe Kersteen-Tucker Executive Director Half Moon Bay Open Space Trust P.O. Box 3205 Half Moon Bay, CA 94019 650.284.5056 (office) 650.576.8181 (cell) www.hostlandtrust.org 9/12/2006 i Regional Open Space .�. .. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Memorandum To: Craig Britton From: Kirk Lenington,Resource Planner Cindy Roessler,Resource Management Specialist Date: September 13,2006 Subject: Fire discussion at Jasper Ridge—Stanford University Per invitation by Director Larry Hassett,we attended a discussion on fire management at Jasper Ridge on September 8, 2006. We expect to have a detailed discussion on these issues when we review our Wildland Fuel Management Policies with the Board in February 2007. Here are the highlights of the discussion. Several factors influence how Stanford staff manages fire on the Jasper Ridge Biological Preserve. The property has urban development on some of its boundaries and valuable ongoing scientific experiments across much of the interior. Fire risk has been mapped on the property primarily based on slope,aspect and fuel load. Although they have conducted some prescribed burns,they have found it difficult to get necessary approvals. Stanford staff is taking the following approach to managing fire on Jasper Ridge: • Maintain fire roads and eliminate power lines or move them underground. • Reduce ladder fuels(such as low branches) in some critical areas. • Every year, local fire crews are invited to tour Jasper Ridge to get familiar with access,water, buildings,hazards,and experimental and other sensitive sites. Maps are provided to fire crews. • Jasper Ridge staff contacts most adjacent property owners to discuss hazards at shared boundaries. • They work with Fire Safe committee to educate county and town councils on ways to reduce fire risk during land use reviews. • They do not believe that either prescribed burns or a let-it-burn policy are reliable methods to reduce fire risk on Jasper Ridge. Scott Stephens,Associate Professor at UC Berkeley, presented his research on fire return intervals and fuel load reduction experiments. His research on fire return intervals indicates that fire frequency was much higher prior to the European settlement. Fire return intervals within local redwood forests was approximately every 10 years and in the grassland habitats could have been as frequent as every 2 to 4 years,probably due to burning by local Native Peoples. Several people at the meeting stated that the current wildland/urban interface in our region is likely to bum at some time in the future especially with climate change, and this could result in a change in r Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT September 12,2006 CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION San Mateo County Board of Supervisors County Office Building 455 County Center,4h Floor Redwood City,CA 94063 Re: Huddart and Wunderlich Parks Master Plan Dear Honorable Supervisors: On behalf of Midpeninsula Regional Open Space District(District), I am writing to express continued support for the proposed Huddart and Wunderlich Parks Master Plan. These two County parks are located in a key area of the Santa Cruz Mountains,and together with the District's Open Space Preserves,provide natural area recreation opportunities to residents from all parts of the Bay Area. Approval of the Master Plan and implementation of the projects identified within the plan will greatly enhance recreational opportunities for the public both within the Huddart and Wunderlich Parks areas as well as the greater Skyline Boulevard region of the Santa Cruz Mountains. The District is particularly interested in several of the specific planning projects envisioned in the Master Plan. These projects are discussed in more detail below. 0 The District's Teague Hill Open Space Preserve is located just south of Huddart Park and is contiguous with much of the parks' southern boundary. District staff have discussed transfer of the County property south of Kings Mountain Road to the District,who would then merge the property with Teague Hill Open Space Preserve and begin planning for the construction of needed parking and trailhead alongside Kings Mountain Road. 0 Creation of a Blue-Ribbon Committee to engage in comprehensive,regional trail planning will address several important issues identified through the Master Plan process. Primary among these is the need for a"Valley to Skyline"trail linking the Woodside and Portola Valley areas to the Skyline Boulevard area. An additional regional need is the creation of new north-south connections for the Bay Area Ridge Trail south from Highway 92. The District is confident that the County Parks and Recreation Division will continue to be an active and vital partner in these planning efforts. Approval of the Huddart and Wunderlich Parks Master Plan will further significant projects that will provide improved public access through the regional greenbelt on the peninsula. Thank you for your commitment to this important project. I look forward to continuing the partnership ini * ted rough this Master Plan process. Si i erely, L. Crai rnitt n General Manager LCG:kl:jb cc: MROSD Board of Directors 33o Distel Circle 650-691-1200 infoLlOopenspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-6g1-0485 fax www.openspace.org Deane Little,Nonette Hanko,Larry Hossett,Kenneth C.Nitz L Craig Britton A=— 'as 1 Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: Sally Rice,Assistant General Manag DATE: September 13, 2006 RE: FYI's