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Home My Public Portal About20090114 - Agenda Packet - Board of Directors (BOD) - 09-02 Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 09-02 REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 7:00 p.m. Wednesday,January 14, 2009 330 Distel Circle Los Altos, California AGENDA REGULAR MEETING 7:00* REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ROLL CALL ORAL COMMUNICATIONS—Public ADOPTION OF AGENDA CEREMONIAL—Administer Public Oath of Office to Director Harris 7:10* CONSENT CALENDAR I Approve Minutes of the Special and Regular Board Meetings of November 20,December 4 and 10, 2008. 2 Approve Revised Claims Report. 3 Report on Land Purchase;Determine the Recommended Action is Categorically Exempt from the California Environmental Quality Act and Adopt the Preliminary Use and Management Plan for the Former Boyd Property as an Addition to the Russian Ridge Open Space Preserve(located approximately 1/2mile west off of Skyline Boulevard opposite of Crazy Pete's Road in unincorporated San Mateo County, Assessor Parcel Number 080-330-170)—M. Reeves 4 Report on Acceptance of Gift; Determine the Recommended Action is Categorically Exempt from the California Environmental Quality Act and Adopt the Preliminary Use and Management Plan for the Former Marks Property as an Addition to the Sierra Azul Open Space Preserve (located approximately 0.6 miles south of Almaden Reservoir in Barret Canyon in unincorporated Santa Clara County Assessor Parcel Number 562-26-001)—M. Williams 5 Adopt a Resolution Increasing the Employer's Contribution to Retiree Medical Benefit from$300.00 to $3 50.00 Per Month Under the Public Employees' Medical and Hospital Care Act(PEMHCA) Pursuant to the Memorandum of Agreement with the Midpeninsula Regional Open Space District Field Employees Association—A. Spiegel N1ceting 09-02 Page 2 7:20* BOARD BUSINESS 6 Election of Board Officers for 2009—G. Sam 7 Renewal of Investment Authority and Adoption of Annual Statement of Investment Policy—M. Foster 8 Appointment of Brad Pennington, Steve Gibbons and Rebecca Trout as Peace Officers—D. Sanguinetti 9 Appointments to the Administration and Budget Committee for 2009—G. Sam 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. A. Committee Reports B. Staff Reports C. Director Reports 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 he limited to three minutes. Alternately,you may comment to the Board by a written communication, which the Board appreciates. Consent Calendar: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. Written materials relating to an item on this Agenda that are considered to be a public record and are distributed to Board members less than 72 hours prior to the meeting,will be available for public inspection at the District's Administrative Office located at 330 Distel Circle, Los Altos,California 94022. CERTIFICATION OF POSTING OF AGENDA 1,Gregory L. Sam,District Clerk for the Midpeninsula Regional Open Space District(MROSD),declare that the foregoing agenda for the January 14,2009 Regular Meeting of the MROSD Board of Directors was posted and available for review on January 9,2009 at the Administrative Offices of MROSD,330 Distel Circle,Los Altos,California,94022. The agenda is also available on the District's web site at Signed this 9th day of January 2009,at Los Altos,California. District Clerk Date: 01/09/09 Claims No. 09-01 Meeting 09-02 Date 1/14/09 Revised Midpeninsula Regional Open Space District # Amount Name Description 9328 $59,705.51 Northgate Environmental Management Remedial Investigations&Design At Driscoll Ranch 9329 $20,243.75 Solutions Partners Staff Recruitment Services-Principal Management Analyst& Deputy District Clerk 9330 $19,782.50 *1 Tannerhecht Architecture Architectural Services-AO Remodel Project 9331 $8,747.19 *2 Dell Commercial Credit 2 Servers For AO/2 Servers For FFO&SFO/4 Windows 2008 Server Licenses/20 Windows Server Client Access Licenses 9332 $7,705.00 Design Concepts Graphic Design Services-Winter Newsletter,Trail Brochures, Name Tags,Business Cards&Good Neighbor Policy 9333 $6,707.81 Howard Rome Martin&Ridley LLP Legal Services-Anderson Litigation 9334 $4,144.47 Priority 1 Outfit 2 Patol Trucks With Code 3 Equipment&Convert Patrol Truck To Maintenance Vehicle 9335 $4,088,00 California Special Districts Association Annual Membership Dues 9336 $3,704.00 Timothy C. Best,CEG Master Engineering Services-Geotechnical&Hydrologic Assistance At Big Dipper Ranch 9337 $3,616.61 *3 First National Bank Conferences&Training Expenses-Cal JPIA Conference/ CALPELRA Conference/CA Cattlemen's Association Conference !League Of CA Cities Legal Briefings/Legal Aspects Of Easements Course/Conservation Easement Conference/Time Management Workshop 9338 $3,300.00 Pete Montson Accommodations-Rental For 2 District Rangers Attending Ranger Academy 9339 $3,190.00 Paint Sprayers Plus Line Striper 9340 $3,128,96 Summit Uniforms Uniform Expenses 9341 $3,055.41 Shute, Mihaly&Weinberger LLP Legal Services-Planning Advice 9342 $2,850.00 Redwood Plumbing Replace Furnace-Rental Residence 9343 $2,824.66 The Ferguson Group Legislative Consultant-Lobbyist For Mt.Umunhum 9344 $2,612.58 *3 First National Bank Computer Expenses/3 Hard Drives For GIS Server J Hard Drive Racks For GIS Server/Hard Drive Trays For Servers At AO,SFO &FFO/CopWare Software I PrivacyScreen I Computer Ba P 9 9345 $2,542.79 *4 Mortensen Design Design Services-New District Logo 9346 $2,450.00 *5 Divine Catering Catering-Staff Holiday Event 9347 $2,371.87 *3 First National Bank Rental Residence Expenses-Wood Stove,Shroud, Fan& Chimney Insert 9348 $2,327.71 Bimark Pins&Rockers With New Logo For Staff&Volunteers 9349 $2,241.00 Liebert Cassidy Whitmore Legal Services&Advice 9350 $2,210.00 California Conservation Corps Invasive Plant Removal-ECDM 9351 $2,167.20 Tires On The Go Tires 9352 $1,964.23 Ace Fire Equipment&Service Annual Fire Extinguisher Maintenance-AO,FFO&SFO Company 9353 $1,830.00 *6 Santa Rosa Junior College New Recruitment Academy Training-2 Employees 9354 $1,763.92 *7*** AT&T Telephone Service-AO/Fax Service-AO 9355 $1,749.00 XO Communications Internet Service-AO 9356 $1,704.21 CMK Automotive Vehicle Maintenance&Repairs 9357 $1,645.27 Office Depot Office Supplies,Copy Paper&Calendars 9358 $1,500.00 Newton Chan Consulting Services-Google Maps Customization Project 9359 $1,475.00 Aaron's Septic Tank Service Pumping Services-Rancho San Antonio,Deer Hollow Farm, Russian Ridge&Windy Hill 9360 $1,450.00 American Red Cross Emergency Response Training-6 Staff Members 9361 $1,448.00 Cupertino Medical Group Employee Medical Services 9362 $1,430.00 Normal Data Database Construction,Updating And Maintenance For Operations 9363 $1,394.63 Roy's Repair Service Vehicle Repairs&Service 9364 $1,356.35 Walther's Carpet One Floor&Home Remove&Replace Carpet-AO Remodel Project 9365 $1,346.09 Hertz Equipment Rental Equipment Rental-Excavator For Mindego Driveway Page 1 of 5 t Claims No. 09-01 Meeting 09-02 Date 1/14/09 Revised Midpeninsula Regional Open Space District # Amount Name Description 9366 $1,238.05 Gardenland Power Equipment Chainsaw Parts 9367 $1,188.75 *3 First National Bank Field Supplies/Building Materials For Giant Salamander Bridge Project/1 GPS Unit 9368 $1,171.87 Firestone Complete Auto Care Tires&Alignment 9369 $1,161.73 Tadco Supply Janitorial Supplies 9370 $1,131.63 North American Title Company Escrow Fee-Stanton Acquisition 9371 $1,100.00 State Bar of California State Bar Membership Fees-S.Schectman&D.Simmons 9372 $1,050.00 Randolph C.West Chainsaw Safety&Maintenance Training 9373 $1,000.00 Sara Ornelas Wildlife Monitoring-RSA 9374 $868.15 Cascade Fire Equipment Company Field Supplies, Fire Gear&Shelter 9375 $863.62 Newburn,Michael Reimbursement-Tuition&Cell Phone 9376 $834.95 *3 First National Bank Business Related Meals-2 Board Meetings, Rangers Skill Testing, Ranger Interview Panel 9377 $825.00 Systems for Public Safety Recruitment-Background Research 9378 $800.00 Laustsen,Gretchen Reimbursement-Tuition 9379 $800.00 Eflexgroup.com Annual Cafeteria&Premium Only Plan Fee 9380 $800.00 Morrison, Sonya Reimbursement-Tuition 9381 $780.33 Metro Mobile Communications Radio Speaker&Battery 9382 $780.00 Neil Matthies Construction Demolition-AO Remodel Project 9383 $761.25 Regional Government Services Consultant Study 9384 $750.00 *8 L.Craig Britton Consulting Services 9385 $746.86 *3 First National Bank Uniform Expenses 9386 $706.90 HBC Repair FFO Phone Lines 9387 $706.53 *9 Big Creek Lumber Hand Rails For Giant Salamander Bridge 9388 $646.96 AmeriGas Propane Tank Service-Hosking Barn 9389 $625.00 Old Republic Title Company Title Policy&Closing Costs-Boyd Property 9390 $619.05 *3 First National Bank ATV Ramps 9391 $595.18 *10 West Payment Center Legal Research&Books 9392 $576.00 *3 First National Bank Facility Rental Fee For Operations Meeting 9393 $562.72 Aramark Uniform Expenses 9394 $562.03 California Water Service Company Water Service-AO&FFO 9395 $521.25 Del Woods Consulting Services-Land Purchase Projects 9396 $509.58 Voiss,Sue Reimbursement-CaIJPIA Conference Expenses 9397 $508.38 ADT Security Services Alarm Service-FFO&SFO 9398 $500.00 *11 Wendell, Kerr&Associates Appraisal Services-Stanton Property 9399 $465.00 Hugg,Tina Reimbursement-Repair Of Punctured Tire Caused By Nail During The AO Roof Replacement Project/Registration Fee For GIS Course 9400 $455.00 *** AT&T Telephone Service-AO&SFO/Fax Service-FFO/Voice Mail Service-AO/Alarm Service-FFO 9401 $453.58 Minton's Lumber&Supply Lumber&Field Supplies 9402 $378.00 Camino Medical Group Employee Medical Services 9403 $373.82 Baldzikowski,Matt Reimbursement-Mileage 9404 $369.69 *12 San Mateo County Hazardous Waste Disposal Fee-UV&Fluorescent Bulbs/ Roofing Cement/Latex Primer/Fertilizer 9405 $350.00 California Society Of Municipal CSMFO Conference Registration Finance Officers 9406 $350,00 Petrotek Diesel Monitor Certification 9407 $350.00 Camilla Fox Coyote Site Visit And Assessment-RSA&Fremont Older 9408 $315.00 Jobs Available Recruitment Ad-Human Resources Technician 9409 $31112 Koopmann,Clayton Reimbursement-Mileage 9410 $301.01 *3 First National Bank Recruitment Ad&Books For Public Affairs Page 2 of 5 Claims No. 09-01 Meeting 09-02 Date 1/14/09 Revised Midpeninsula Regional Open Space District # Amount Name Description 9411 $285.00 *3 First National Bank Membership Dues-Pesticide Applicators Professional Association/Nonprofit Technology Network Membership 9412 $283.90 CSK Auto Vehicle Supplies 9413 $274.05 *13 Ison,Gloria Reimbursement-Office Supplies 9414 $264.17 Skywood Gas Fuel 9415 $234.00 G&K Services Shop Towel Service 9416 $232.18 Madco Welding Supplies 9417 $225.00 Chris Brown Construction Management Services-AO Remodel 9418 $207.00 Del Rey Building Maintenance Janitorial Services&Supplies-AO 9419 $205.97 John Shelton Culvert Supplies For Thornewood&Windy Hill 9420 $205.89 Goodco Press Printing Services-Shift Change Forms&Property Receipts 9421 $205.75 Guy Plumbing&Heating Plumbing Repairs-Rental Residence 9422 $204.94 Staples Office Supplies 9423 $200.00 Williams,Mike Reimbursement-Membership Dues 9424 $199.50 Sam,Greg Reimbursement-CaIJPIA Conference Expenses&Cell Phone 9425 $195.06 San Jose Water Company Water Service-Ranger Residence 9426 $186.55 Royal Brass Field Supplies 9427 $165.47 Los Altos Garbage Company Garbage Service-AO 9428 $163.24 *14 Santa Clara County Tax Collector Property Tax 9429 $159.85 Allied Waste Services Garbage Service-Hosking Barn 9430 $153.62 Costco Office&Field Supplies-FFO 9431 $150.00 *15 Santa Clara County Clerk Recorders Notice Of Exemption Fees 9432 $150.00 *16 UC Regents Conference Center Rental Fee For Public Meeting 9433 $142.95 Green Waste Recycle Service-SFO 9434 $140.73 Stanton, Eric Reimbursement-Uniform Expenses 9435 $140.00 Brush Road Corporation Annual Brush Road Assessment Fee 9436 $138.14 Redwood General Tire Company Tire&Tire Repair 9437 $128.55 *3 First National Bank Office Supplies/Postage Maching Service 9438 $125.40 Hapke,Alexander Reimbursement-Rental Residence Expenses 9439 $119.00 Roessler,Cindy Reimbursement-Seminar Expenses 9440 $119.00 *17 Coastal Sierra Internet Service-SFO 9441 $117.12 Wright, Leslie Reimbursement-Office Supplies 9442 $115.34 Infotech Systems Printer Toner 9443 $113.88 HSBC Business Solutions Field Supply-Battery Charger 9444 $110.31 Cabela's Tire Chains For ATV 9445 $100.16 Premiere Global Services Fax Broadcast Services 9446 $99.50 *18 Premiere Global Services Fax Broadcast Services 9447 $96.00 Inside Source Assemble New Chairs&Repair Existing Chair 9448 $91.96 Orlandi Trailer Trailer Supplies 9449 $86.43 Cermeno, Sal Reimbursement-Uniform Expenses 9450 $80.50 Mills,Amanda Reimbursement-Mileage 9451 $78.00 *19 Pacific Telemanagement Services Pay Phone-Black Mountain 9452 $76.68 R. E. Borrmann's Steel Company Supplies For Road Sign 9453 $70.28 Jurich,Michael Reimbursement-Uniform Expenses 9454 $65.11 *20 Reneau, Frances Reimbursement-Staff Holiday Party Expenses 9455 $64.62 Correia,Anthony Reimbursement-Uniform Expense 9456 $64.30 Peninsula Digital Imaging Printing Services-2 Posters For Board Presentations 9457 $53.58 Malone, Brian Reimbursement-Maintenance Management School Expenses 9458 $51.96 Cuzick, Elaina Reimbursement-Rental Residence Expenses 9459 $50.90 *3 First National Bank Volunteer Expenses Page 3 of 5 Claims No. 09-01 Meeting 09-02 Date 1/14/09 Revised Midpeninsula Regional Open Space District # Amount Name Description 9460 $50.00 *21 County Of San Mateo Notice Of Exemption Fee For Pulgas Ridge Eucalyptus Removal And Restoration Project 9461 $45.79 Barron Park Supply Plumbing Supplies 9462 $43.00 Allen's Press Clipping Bureau Clipping Service 9463 $37.50 Baillie,Gordon Reimbursement-PRAC Membership 9464 $33.83 Kwik Key Lock&Safe Company Key Services 9465 $25.25 Rayne Of San Jose Water Conditioning Service 9466 $24.89 Perez,Mike Reimbursement-Patrol Bike Expenses 9467 $21.63 Rural Supply Hardware Stain For Hayes House Fence 9468 $17.03 Fed Ex Shipping Charges 9469 $12.45 Ricoh Americas Corporation Copy Machine Toner 9470 $12.05 *** AT&T/MCI Long Distance Fax Service-SFO 9471 $7.50 Department Of Toxic Substances Environmental Protection Agency Fees Control 9472 $6.50 Foster Brothers Lock&Key Services 9473 $5.63 Lausten,Tom Reimbursement-Uniform Expense 9474 R $8,910.00 Vollmar Consulting Consulting Services For Pond Management-La Honda Creek 9475 R $4,820.00 Peter Siemens Reimbursement-Board Room Sound System 9476 R $4,028.80 Inside Source 12 Executive Chairs For Board Room/Workstation Power Receptacles 9477 R $2,736,34 Home Depot Field Equipment&Supplies/Fence For Hayes House/Cubicle Remodeling Supplies-AO/Concrete For Stock/Purisima Creek Redwoods Restroom Supplies For Repairs/Supplies For La Honda Creek Bridge Project I Shop Tools 9478 R $1,494.87 *** AT&T Telephone Service-AO/Fax Service-AO/Alarm Service-FFO 9479 R $1,213.23 Pennington, Brad Reimbursement-Ranger Academy Expenses 9480 R $1,154.81 Los Altos Garbage Company Garbage&Recycling Service-FFO 9481 R $1,104.00 *22 Le's Alterations Uniform Expense-Change Patch To New Logo On Uniforms 9482 R $1,068.89 Trout, Rebecca Reimbursement-Ranger Academy Expenses 9483 R $829.71 Gibbons, Stephen Reimbursement-Ranger Academy Expenses 9484 R $780.72 Petty Cash Parking&Mileage/Business Related Meals/Training& Conference Expenses/Postage/Nature Center Supplies/Office Supplies/Field Supplies 9485 R $547.16 United Site Services Sanitation Services-Sierra Azul&Fremont Older 9486 R $375.00 L. Craig Britton Consulting Services 9487 R $350.80 Petrotek Gas Pump Repair-SFO 9488 R $320.00 McKowan, Paul Reimbursement-Volunteer Recognition Expenses 9489 R $300.00 *23 County Of San Mateo Assessors Office Fee For Request Of Secure Master ASCII Text File 9490 R $270.00 Liebert Cassidy Whitmore Legal Services-Personnel 9491 R $240.53 Grainger Field Supplies 9492 R $170.00 Davison,Steve Reimbursement-Tuition 9493 R $155.93 Allied Waste Services Garbage Service-Hosking Barn 9494 R $134.12 Gardenland Power Equipment Field Supplies 9495 R $119.00 Coastal Sierra Internet Service-SFO 9496 R $117.68 *** Verizon Wireless Cell Phone Service 9497 R $115.94 Robert's Hardware Field Supplies 9498 R $100.00 Town Of Woodside Facility Rental Deposit For Public Meeting 9499 R $85.00 Baldzikowski,Matt Reimbursement-Certified Professional Erosion And Sediment Control Membership Renewal 9500 R $28.89 California Water Service Company Water Service-Windy Hill 9501 R $5.61 *** Verizon Business Long Distance Fax Service-SFO Page 4 of 5 ill J Claims No. 09-01 Meeting 09-02 Date 1/14/09 Revised Midpeninsula Regional Open Space District # Amount Name Description Total $267,649.43 i *1 Urgent Check Issued 12/30/08 *2 Urgent Check Issued 12/30/08 *3 Urgent Check Issued 12/12/08 *4 Urgent Check Issued 12/19/08 *5 Urgent Check Issued 12/17/08 *6 Urgent Check Issued 1/8109 *7 Urgent Check Issued 12/19/08 *8 Urgent Check Issued 12/19/08 *9 Urgent Check Issued 12/19/08 i *10 Urgent Check Issued 12/31/08 *11 Urgent Check Issued 12/10/08 *12 Urgent Check Issued 12/30/08 *13 Urgent Check Issued 12/19/08 *14 Urgent Check Issued 12/30/08 *15 Urgent Check Issued 12/19/08 *16 Urgent Check Issued 1/8/09 *17 Urgent Check Issued 12/19/08 *18 Urgent Check Issued 12/19/08 *19 Urgent Check Issued 12/19/08 *20 Urgent Check Issued 12/19/08 *21 Urgent Check Issued 12/12/08 *22 Urgent Check Issued 1/13/09 *23 Urgent Check Issued 1/9109 *** Director Davey Is Recusing Herself From Voting On The AT&T Claims As She Owns Stock In AT&T Which Exceeds The Permissible Level For Voting On These Claims. Director Hanko Is Voluntarily Recusing Herself From Voting On The AT&T And Verizon Claims. Page 5 of 5 Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-09-01 Meeting 09-02 January 14, 2009 AGENDA ITEM 3 AGENDA ITEM Report on Land Purchase; Determine the Recommended Action is Categorically Exempt from the California Environmental Quality Act and Adopt the Preliminary Use and Management Plan for the Former Boyd Property as an Addition to the Russian Ridge Open Space Preserve (located approximately '/2 mile west off of Skyline Boulevard opposite Crazy Pete's Road in unincorporated San Mateo County, Assessor Parcel Number 080-330-170) f � GENERAL MANAGER'S RECOMMENDATIONS , 1. Receive this Report on the purchase and acceptance of the Boyd property under the General Manager's authority. 2. Determine that the adoption of a Preliminary Use and Management Plan as recommended in this Report is categorically exempt from the California Environmental Quality Act (CEQA) for the reasons set out in this report. 3. Adopt the Preliminary Use and Management Plan for the Boyd property as set forth in this report, and name the property as an addition to the Russian Ridge Open Space Preserve. REPORT ON PURCHASE On December 19, 2008 escrow closed on the District's purchase of the 0.385 acre Boyd property under the General Manager's authority to approve and accept the acquisition of real property in accordance with the District's Rules of Procedure, Section 2.60 B.2, as amended on October 8, 2003. The Boyd property is an undeveloped remnant inholding located within the Russian Ridge Open Space Preserve approximately ''/2 mile west of Skyline Boulevard (see map attached as Exhibit A to this Report). The property is accessed via an unpaved private drive that serves a handful of inholding properties and also provides patrol access into the northern area of the Preserve. The General Manager approved the purchase of the Boyd property upon determination that this property is an appropriate addition to the Russian Ridge Open Space Preserve. The property is located within the District's Coastal Protection Area. Prior to our purchase, and in accordance with the Coastal Protection Area Service Plan, the District requested confirmation from the County of San Mateo that the purchase was in conformity with the County's General R-09-02 Page 2 Plan. The San Mateo County Planning Commission determined that the purchase was in conformity at its December 10, 2008 meeting. USE AND MANAGEMENT Planning Considerations The purchased property consists of one assessor's parcel of approximately 0.385 acres which is located in an unincorporated rural area of San Mateo County within the District's Coastal Protection Area. This small remnant parcel is an inholding within the Districts 3,025-acre The parcel is adjacent to two private residential inholdin s Russian Ridge Open Space Preserve. e ce g p P p J p g , but is otherwise surrounded by District lands. The parcel is situated along the inboard and upslope shoulder of the private access road leading to the residential inholdings and to District lands beyond. The parcel is sloping with dense oak and brush vegetation and has no viable building site. There are no improvements on the parcel. Preliminary Use and Management Plan The Preliminary Use and Management Plan will take effect upon approval by the Board and will remain effective until the plan is amended or a Comprehensive Use and Management Plan or Master Plan is adopted. The property will be maintained in a natural condition and no use changes are anticipated. If use changes or improvements are proposed in the future, the plan would be subject to further environmental review and public input. Public Access: Open to the public. Signs: No signage required. Name: Name the property as an addition to Russian Ridge Open Space Preserve. Dedication: Indicate the intention to dedicate the property as public open space. Public Safety Review: There are no natural or man-made public safety hazards located on the property. CEQA COMPLIANCE Project Description The project consists of the adoption of a Preliminary Use and Management Plan for approximately 0.385 acres of land as an addition to the Russian Ridge Open Space Preserve. Under this plan, the land will be permanently preserved as open space and maintained in a natural condition. No improvements are proposed. CEQA Determination It has been concluded that this project will not have a significant effect on the environment. It is categorically exempt from CEQA (California Environmental Quality Act) under Article 19, Sections 15301 and 15061 (a)(3) as follows: The project is exempt under Section 15061(a)(3), as there is no possibility the recommended actions may have a significant effect on the environment. R-09-02 Page 3 Section 15301 exempts the operation, repair, maintenance, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the agency's determination. The Preliminary Use and Management Plan specifies that the property will be maintained in a natural condition. There will be no or negligible expansion of use. FISCAL IMPACT The Boyd property was purchased at a negotiated price of$2,500.00. The addition of the property to the Russian Ridge Open Space Preserve and implementation of the Preliminary Use and Management Plan is expected to have a nominal impact on the District's operational budget. The property is located in the Coastside Protection Area and subject to service fee agreements with San Mateo County Fire Department and La Honda-Pescadero Unified School District. These fees total $0.33 in the first year, increasing 2% annually. PUBLIC NOTICE The proposed District purchase of the subject property was publicly noticed by the County of San Mateo for the December 10, 2008 Planning Commission meeting at which the General Plan conformity determination was considered. Property owners of land located adjacent to or surrounding the subject property have been mailed written notice of this proposed Preliminary Use and Management Plan adoption. NEXT STEPS The District's Operations Department will manage the former Boyd property as an addition to the Russian Ridge Open Space Preserve in accordance with the Preliminary Use and Management Plan. Attachment: Exhibit A: Location Map Prepared by: Michael Reeves, Real Property Specialist Contact person: Same as above Graphics prepared by: Galli Basson, GIS Intern i Boyd Parcel p j Russian Ridge Open Space Preserve� g p 0 �� ( /� � �� 0 �� , f p� r .r Melville ` a J I Coal Creek Open Space Preserve v ? o I � S ` . Boyd Parcel 1. �, cc001- V 0 CS v �- �� Hof ♦ r r Z O I c �y is Ridge ' SI .I Open Space reserve 1800 Z_ Ranch \ `� A.2 I Exhibit A: Boyd Parcel Regional Location o 0,125 0.25 0.5 Produced by Midpeninsula Regional Open Space District, November 2008 e Miles J Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AMENDED R-09-02 Meeting 09-02 January 14, 2009 AGENDA ITEM 4 AGENDA ITEM Report on Acceptance of Gift; Determine the Recommended Action is Categorically Exempt from the California Environmental Quality Act and Adopt the Preliminary Use and Management Plan for the Former Marks Property as an Addition to the Sierra Azul Open Space Preserve (located approximately 0.6 miles south of the Almaden Reservoir in Barret Canyon in unincorporated Santa Clara County,Assessor Parcel Number 56;-26-001) GENERAL MANAGER'S RECOMMENDATIONS w 1. Receive this Report on the Acceptance of the Marks Property Gift under the General Manager's authority. 2. Determine that the adoption of a Preliminary Use and Management Plan as recommended in this Report is categorically exempt from the California Environmental Quality Act (CEQA) for the reasons set out in this report. 3. Adopt the Preliminary Use and Management Plan for the Marks property as set forth in this report, and name the property as an addition to the Sierra Azul Open Space Preserve. REPORT ON GIFT On December 15, 2008 the District accepted a gift from Mr. Marks of an 8.8 acre parcel near Sierra Azul Open Space Preserve, under the General Manager's authority to approve and accept a gift of real property in accordance with the District's Rules of Procedure, Section 2.60 B.2, as amended October 8, 2003. The property is outside of and abutting the southeastern boundM o the District's Sphere of Influence. According to the District's Open Space Acquisition Policies as Lands Relate to Sphere of Influence and Annexation Policies(amended by the Board on June 6. 2003), "as to land wholly outside the Sphere of Influence,the District will consider acquisition (choose one or more of the following): (1)by gift or competitive grant, (2) in a joint project with another agency, etc..." Both of Mr. Marks' parents died towards the end of 2008. As the executor of his father's estate,Mr. Marks desired to gift the property for conservation purposes before the end of 2008 to minimize estate tax implications. Although the property is located within the Santa Clara County Open Space Authority(Authority)boundaries,the Authority's General Manager referred the former owner to the District, and for capacity reasons supports our acquisition at this time. The Board may decide in the future to transfer the property to the Authority when the Authority owns adjacent property or has a management presence in this area. Alternatively, with the R-09-02 Page 2 of 3 mutual agreement of the Authority, the property could be included in the District's future boundary when and if the District's boundary is expanded to encompass its sphere of influence through the Santa Clara County Local Agency Formation Commission. The District's General Manager signed a Certificate of Acceptance for the Gift Deed, which comprise a 100% interest in this 8.80 acre property. The General Manager has determined that this parcel is an appropriate addition to the Sierra Azul Open Space Preserve. Therefore, it is recommended that you adopt the Preliminary Use and Management Plan as set forth below. USE AND MANAGEMENT Planning Considerations The gifted property consists of one assessor's parcel of approximately 8.80 acres which is located in an unincorporated area of Santa Clara County approximately 0.6 miles south of the Almaden Reservoir in Barret Canyon. Sierra Azul Open Space Preserve is approximately 0.5 miles west of the property with one private property in between. The nearest road is Alamitos Road. There are no improvements on the property. The property is sloped and vegetated with mixed evergreen trees and chaparral. The property is situated along the District's eastern sphere of influence and the Santa Clara County Open Space Authority's western boundary. Preliminary Use and Management Plan The Preliminary Use and Management Plan will take effect upon approval by the Board and will remain effective until the plan is amended or a Comprehensive Use and Management Plan or Master Plan is adopted. The property will be maintained in a natural condition and no use changes are anticipated. If use changes or improvements are proposed in the future,the plan would be subject to further environmental review and public input. Public Access: Closed to the public. Signs: Install Preserve boundary signs where appropriate. Name: Name the property as an addition to Sierra Azul Open Space Preserve. Dedication: Withhold dedication. Review dedication status after further consultation with the Santa Clara County Open Space Authority and approval of the Sierra Azul Open Space Preserve Master Plan. Public Safety Review: The site is heavily forested and quite remote. The likelihood of man- made public safety hazards is low. CEQA COMPLIANCE Project Description The project consists of the adoption of a Preliminary Use and Management Plan for approximately 8.80 acres of land as an addition to the Sierra Azul Open Space Preserve. Under this plan,the land will be permanently preserved as open space and maintained in a natural condition. No improvements are proposed. R-09-02 Page 3 of 3 CEQA Determination It has been concluded that this project will not have a significant effect on the environment. It is categorically exempt from CEQA (California Environmental Quality Act) under Article 19, Sections 15301 and 15061 (a)(3) as follows: The project is exempt under Section 15061(a)(3), as there is no possibility the recommended actions may have a significant effect on the environment. Section 15301 exempts the operation, repair, maintenance, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the agency's determination. The Preliminary Use and Management Plan specifies that the property will be maintained in a natural condition. There will be no or negligible expansion of use. FISCAL IMPACT The acceptance of the gift by the General Manager had no effect on the District budget. The addition of the property to the Sierra Azul Open Space Preserve and implementation of the Preliminary Use and Management Plan is expected to have a nominal impact on the District's operational budget. PUBLIC NOTICE The General Manager of the Santa Clara County Open Space Authority was contacted and expressed his support for receipt of this property gift by the District. In addition, other property owners of land located adjacent to or surrounding the subject property were mailed written notices of this preliminary use and management plan adoption on January 9, 2009 NEXT STEPS The District's Operations Department will manage the former Marks property as an addition to the Sierra Azul Open Space Preserve, in accordance with the Preliminary Use and Management Plan. Attachments: Exhibit A: Map Prepared by: Jean Chung,Administrative Assistant Contact person: Michael Williams, Real Property Manager Graphics prepared by: Gretchen Laustsen, Planning Technician Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AMENDED R-09-02 Meeting 09-02 January 14, 2009 AGENDA ITEM 4 AGENDA ITEM Report on Acceptance of Gift; Determine the Recommended Action is Categorically Exempt from the California Environmental Quality Act and Adopt the Preliminary Use and Management Plan for the Former Marks Property as an Addition to the Sierra Azul Open Space Preserve (located approximately 0.6 miles south of the Almaden Reservoir in Barret Canyon in unincorporated Santa Clara County, Assessor Parcel Number 56, -26-0 1) GENERAL MANAGER'S RECOMMENDATIONS 1. Receive this Report on the Acceptance of the Marks Property Gift under the General Manager's authority. 2. Determine that the adoption of a Preliminary Use and Management Plan as recommended in this R i categorically Report s catego ica y exempt from the California Environmental Quality Act (CEQA) for the reasons set out in this report. 3. Adopt the Preliminary Use and Management Plan for the Marks property as set forth in this report, and name the property as an addition to the Sierra Azul Open Space Preserve. REPORT E ORT ON GIFT On December 15, 2008 the District accepted a gift from Mr. Marks of an 8.8 acre parcel near Sierra Azul Open Space Preserve, under the General Manager's authority to approve and accept a gift of real property in accordance with the District's Rules of Procedure, Section 2.60 B.2, as amended October 8, 2003. The property is outside of and abutting the southeastern boundary of the District's Sphere of Influence. According to the District's Open Space Acquisition Policies as Lands Relate to Sphere of Influence and Annexation Policies (amended by the Board on June 6 2003), "as to land wholly outside the Sphere of Influence, the District will consider acquisition (choose one or more of the following): (l) by gift or competitive grant, 2 in a joint project with f another agency, etc..." Both of Mr. Marks' parents died towards the end of 2008. As the executor of his father's estate, Mr. Marks desired to gift the property for conservation purposes before the end of 2008 to minimize estate tax implications. Although the property is located within the Santa Clara County Open Space Authority (Authority) boundaries, the Authority's General Manager referred the former owner to the District, and for capacity reasons supports our acquisition at this time. The Board may decide in the future to transfer the property to the Authority when the Authority owns adjacent property or has a management presence in this area. Alternatively, with the i R-09-02 Page 2 of 3 mutual agreement of the Authority, the property could be included in the District's future boundary when and if the District's boundaryipanded to encompass its sphere of influence through the Santa Clara County Local Agency Formation Commission. The District's General Manager signed a Certificate of Acceptance for the Gift Deed, which comprise a 100% interest in this 8.80 acre property. The General Manager has determined that this parcel is an appropriate addition to the Sierra Azul Open Space Preserve. Therefore, it is recommended that you adopt the Preliminary Use and Management Plan as set forth below. USE AND MANAGEMENT Planning Considerations The gifted property consists of one assessor's parcel of approximately 8.80 acres which is located in an unincorporated area of Santa Clara County approximately 0.6 miles south of the Almaden Reservoir in Barret Canyon. Sierra Azul Open Space Preserve is approximately 0.5 miles west of the property with one private property in between. The nearest road is Alamitos Road. There are no improvements on the property. The property is sloped and vegetated with mixed evergreen trees and chaparral. The property is situated along the District's eastern sphere of influence and the Santa Clara County Open Space Authority's western boundary. Preliminary Use and Management Plan The Preliminary Use and Management Plan will take effect upon approval by the Board and will remain effective until the plan is amended or a Comprehensive Use and Management Plan or Master Plan is adopted. The property will be maintained in a natural condition and no use changes are anticipated. If use changes or improvements are proposed in the future, the plan would be subject to further environmental review and public input. Public Access: Closed to the public. Signs: Install Preserve boundary signs where appropriate. Name: Name the property as an addition to Sierra Azul Open Space Preserve. Dedication: Withhold dedication. Review dedication status after further consultation with the Santa Clara County pen Space Authority and approval of the Sierra Azul Open Space Preserve Master Plan. Public Safety Review: The site is heavily forested and quite remote. The likelihood of man- made public safety hazards is low. CEQA COMPLIANCE Project Description The project consists of the adoption of a Preliminary Use and Management Plan for approximately 8.80 acres of land as an addition to the Sierra Azul Open Space Preserve. Under this plan,the land will be permanently preserved as open space and maintained in a natural condition. No improvements are proposed. R-09-02 Page 3 of 3 CEQA Determination It has been concluded that this project will not have a significant effect on the environment. It is categorically exempt from CEQA (California Environmental Quality Act) under Article 19, Sections 15301 and 15061 (a)(3) as follows: The project is exempt under Section 15061(a)(3), as there is no possibility the recommended actions may have a significant effect on the environment. Section 15301 exempts the operation, repair, maintenance, or minor alteration of existing j public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the agency's determination. The Preliminary Use and Management Plan specifies that the property will be maintained in a natural condition. There will be no or negligible expansion of use. FISCAL IMPACT The acceptance of the gift by the General Manager had no effect on the District budget. The addition of the property to the Sierra Azul Open Space Preserve and implementation of the Preliminary Use and Management Plan is expected to have a nominal impact on the District's operational budget. PUBLIC NOTICE The General Manager of the Santa Clara County Open Space Authority was contacted and expressed his support for receipt of this property gift by the District. In addition, other property owners of land located adjacent to or surrounding the subject property were mailed written notices of this preliminary use and management plan adoption on January 9, 2009 NEXT STEPS The District's Operations Department will manage the former Marks property as an addition to the Sierra Azul Open Space Preserve, in accordance with the Preliminary Use and Management Plan. Attachments: Exhibit A: Map Prepared by: Jean Chung, Administrative Assistant Contact person: Michael Williams, Real Property Manager Graphics prepared by: Gretchen Laustsen, Planning Technician Marks Gift Sierra Azul Open Space Preserve 00 v� 80 f 1 1800 i 2p0pes rvoir ante T l p 11 Si Marks Parcel 8.8 acres 562-26-001 O, �\ ajj� 0o i 9 �• 120 � ., -•a i 00 !� rr zu pen §p c P er e +. I 2000 o a Exhibit A: Area Map e 0 0,125 0.25 0.5 Produced by Midpeninsula Regional Open Space District,January 2009 Miles i Regional Open Space a w_ MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-09-02 Meeting 09-02 January 14, 2009 AGENDA ITEM 4 AGENDA ITEM Report on Acceptance of Gift; Determine the Recommended Action is Categorically Exempt from the California Environmental Quality Act and Adopt the Preliminary Use and Management Plan for the Former Marks Property as an Addition to the Sierra Azul Open Space Preserve (located approximately 0.6 miles south of the Almaden Reservoir in Barret Canyon in unincorporated Santa Clara County, Assessor Parcel Number 562-26-001) GENERAL MANAGER'S RECOMMENDATIONS , ,--,-�-�W 1. Receive this Report on the Acceptance of the Marks Property Gift under the General Manager's authority. 2. Determine that the adoption of a Preliminary Use and Management Plan as recommended in this Report is categorically exempt from the California Environmental Quality Act (CEQA) for the reasons set out in this report. 3. Adopt the Preliminary Use and Management Plan for the Marks property as set forth in this report, and name the property as an addition to the Sierra Azul Open Space Preserve. REPORT ON GIFT On December 15, 2008 the District accepted a gift from Mr. Marks of an 8.8 acre parcel near Sierra Azul Open Space Preserve, under the General Manager's authority to approve and accept a gift of real property in accordance with the District's Rules of Procedure, Section 2.60 B.2, as amended October 8, 2003. The General Manager signed a Certificate of Acceptance for the Gift Deed, which comprise a 100% interest in this 8.80 acre property. The General Manager has determined that this parcel is an appropriate addition to the Sierra Azul Open Space Preserve. Therefore, it is recommended that you adopt the Preliminary Use and Management Plan as set forth below. USE AND MANAGEMENT Planning Considerations The gifted property consists of one assessor's parcel of approximately 8.80 acres which is located in an unincorporated area of Santa Clara County approximately 0.6 miles south of the Almaden Reservoir in Barret Canyon. Sierra Azul Open Space Preserve is approximately 0.5 R-09-02 Page 2 of 3 miles west of the property with one private property in between. The nearest road is Alamitos Road. There are no improvements on the property. The property is sloped and vegetated with mixed evergreen trees and chaparral. The property is situated along the District's eastern sphere of influence and the Santa Clara County Open Space Authority's western boundary. Preliminary Use and Management Plan The Preliminary Use and Management Plan will take effect upon approval by the Board and will 'v i amended or a Comprehensive Use and Management Plan or remain effective until the plans C p g Master Plan is adopted. The property will be maintained in a natural condition and no use changes are anticipated. If use changes or improvements are proposed in the future, the plan would be subject to further environmental review and public input. Public Access: Closed to the public. Si gns:ns: Install Preserve boundary signs where appropriate. g Y g ppriate.P Name: Name the property as an addition to Sierra Azul Open Space Preserve. Dedication: Withhold dedication. Review dedication status after r approval of the Sierra Azul Open Space Preserve Master Plan. Public Safety Review: The site is heavily forested and quite remote. The likelihood of man- made public safety hazards is low. CEQA COMPLIANCE Project Description The project consists of the adoption of a Preliminary Use and Management Plan for approximately 8.80 acres of land as an addition to the Sierra Azul Open Space Preserve. Under this plan, the land will be permanently preserved as open space and maintained in a natural condition. No improvements are proposed. CEQA Determination It has been concluded that this project will not have a significant effect on the environment. It is categorically exempt from CEQA(California Environmental Quality Act) under Article 19, Sections 15301 and 15061 (a)(3) as follows: The project is exempt under Section 15061(a)(3), as there is no possibility the recommended actions may have a significant effect on the environment. Section 15301 exempts the operation, repair, maintenance, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the agency's determination. The Preliminary Use and Management Plan specifies that the property will be maintained in a natural condition. There will be no or negligible expansion of use. R-09-02 Page 3 of 3 FISCAL IMPACT The acceptance of the gift by the General Manager had no effect on the District budget. The addition of the property to the Sierra Azul Open Space Preserve and implementation of the Preliminary Use and Management Plan is expected to have a nominal impact on the District's operational budget. PUBLIC NOTICE The General Manager of the Santa Clara County Open Space Authority was contacted and expressed his support for receipt of this property gift by the District. In addition, other property owners of land located adjacent to or surrounding the subject property were mailed written notices of this preliminary use and management plan adoption on January 9, 2009 NEXT STEPS The District's Operations Department will manage the former Marks property as an addition to the Sierra Azul Open Space Preserve, in accordance with the Preliminary Use and Management Plan. Attachments: Exhibit A: Map Prepared by: Jean Chung, Administrative Assistant Contact person: Michael Williams, Real Property Manager Graphics prepared by: Gretchen Laustsen, Planning Technician r Marks Gift Sierra Azul Open Space Preserve _ _ r ::.. Iniaden Quick County Pa (' � �}� Res ry } oir ant a CINI-C ell ��- 1 Marks Parcel ............ 8.8 acres 0 f� 5 62-2 6-001 .. -- 00 \anar o00 C 120 --' �terra Azul Open,ern $ (c P _rve p o0 � Clar 2000 -1 1 opell Spat �2 I �y Auttiority Exhibit A: Area Map e 0 0.125 0.25 0.5 Produced by Midpeninsula Regional Open Space District,January 2009 Miles I Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-09-03 Meeting 09-02 January 14, 2009 AGENDA ITEM 5 AGENDAITEM Adopt a Resolution Increasing the Employer's Contribution to Retiree Medical from $300.00 per Month to $350.00 per Month Under the Public Employees' Medical and Hospital Care Act (PEMHCA) Pursuant to the Memorandum of Agreement with the Midpeninsula Regional Open Association Space District Field Employees s p GENERAL MANAGER'S RECOMMENDATION -E r i Adopt the attached Resolution increasing the District's monthly contribution to Retiree Medical from $300.00 to $350.00 under PEMHCA. DISCUSSION At your August 9, 2006 meeting, the Board approved a Memorandum of Agreement with the Midpeninsula Regional Open Space District Field Employees Association (MROSDFEA) that included an enhancement to the retirement medical contribution by the District from $300.00 per month, which is the current amount, to $350.00 per month effective January 1, 2009. See Report R-06-86. This retiree medical enhancement was part of a five-year agreement which included other economic changes such as annual salary adjustments, retirement formula enhancement, and benefit cost-sharing on the part of the employees. Also at your August 9, 2006 meeting, the Board approved various salary and benefit changes for the Office, Supervisory and Management employees, which included the same retiree medical enhancement. At your meeting of September 13, 2006, the Board adopted amendments to the District's Personnel Policies and Procedures Manual that implemented this retiree medical contribution for Office, Supervisory and Management employees. See Report R-06-114. i The agreement with the MROSDFEA and the implementing Personnel Policies for the Office, Supervisory and Management employees state that the monthly retiree medical contribution will increase to $350.00 per month as of January 1, 2009. This attached resolution is required as documentation by Ca1PERS to implement this previously approved change in contribution rate on their part for the purpose of billing the District for retiree medical benefit deductions from retirement checks. I. I R-09-03 Page 2 NEXT STEPS If approved by the Board, staff will mail a copy of the adopted resolution to Ca1PERS as documentation and authorization to implement an increase in the employer retiree medical contribution from $300 to $350, to be billed to the District. Prepared by: Annetta Spiegel, Human Resources Analyst Contact person: Same As Above RESOLUTION No.09-Q1 _ PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on January 14, 2009 at a Special Meeting thereof,by the following vote: AYES: Mary Davey,Jed Cyr, Larry Hassett, Pete Siemens , Nonette Hanko, Cecily Harris , and Curt Riffle NOES: None ABSTAIN: None ABSENT: None ATTEST: APPROVED: President cretary Board of Directors Board of Directors it I,the District Clerk of the Midpeninsula Regional Open Space District,hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly donth e above day. held and cane Y r District C RESOLUTION NO. 09-_Qj RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FIXING THE EMPLOYER'S CONTRIBUTION UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT WHEREAS, Government Code Section 22892(a)provides that a local agency contracting under the Public Employees' Medical and Hospital Care Act shall fix the amount of the employer's contribution at an amount not less than the amount required under Section 22892(b)of the Act, and WHEREAS, the Midpeninsula Regional Open Space District is a local agency contracting under the Act; NOW THEREFORE BE IT RESOLVED that the employer's contribution for each employee or annuitant shall be the amount necessary to pay the full cost of his/her it memb ers, m a health benefits plan u to a t of family p enrollment p enrollment, including the enrol y maximum of $350.00 per month, effective January 1, 2009, plus administrative fees and Contingency Fund assessments. Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-09-04 Meeting 09-02 January 14, 2009 AGENDA ITEM 6 AGENDA ITEM Election of Board Officers for 2009 GENERAL MANAGER'S RECOMMENDATION Elect Officers of the Board for Calendar Year 2009. DISCUSSION Pursuant to Section 1.22 of the Boards Rules of Procedure the Board i d s required uired to elect new Officers for the calendar year at its first regular meeting in January. The election will be by signed ballot and counted by the District Clerk. After the election, the ballots will be available for public inspection. The Board's Rules of Procedure list the order of officers to be elected as follows: President, Vice- President, Treasurer and Secretary. The Treasurer is an automatic member of the Administration and Budget Committee (ABC). Separate ballots will be used to elect each Board Office. Nominations are called for first. When nominations are closed, election by ballot for that office will proceed. NEXT STEPS Staff will prepare a new roster of Board officers for posting internally and on the website. Prepared by: Gregory L. Sam, District Clerk Contact person: Same as Above I I Regional Open Space M. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-09-05 Meeting 09-02 January 14, 2009 AGENDA ITEM 9 AGENDA ITEM Appointments to the Administration and Budget Committee for 2009 GENERAL MANAGER'S RECOMMENDATION; Request the new President of the Board of Directors to appoint the members of the Administration and Budget Committee for Calendar Year 2009 with the Board's consent. DISCUSSION Section 1.81 of the Board's Rules of Procedure state that appointments to the Administration and Budget Committee shall normally be made at the first regular Board meeting in January and that the Board Treasurer shall be one of the three members of the Committee. The Board of Directors will have elected their Treasurer for 2009 earlier this evening (see Report R-09-04). Section 1.80 of the Rules of Procedure state that the Board President shall appoint the Committee members with the consent of the Board. NEXT STEPS The Board President will appoint the new Administration and Budget Committee members at this meeting with consent of the Board. The newly elected Board Treasurer shall be one of the Committee members pursuant the Board's Rules of Procedure. Prepared by: Gregory L. Sam, District Clerk Contact person: Same as Above I Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-09-06 Meeting 09-02 January 14, 2009 AGENDA ITEM 7 AGENDA ITEM Renewal of Investment Authority and Adoption of Annual Statement of Investment Policy GENERAL MANAGER'S RECOMMENDATION Adopt the attached Resolution to renew the District Controller's investment authority until January 14, 2010 and to approve the District's Revised Statement of Investment Policy. DISCUSSION TheDistrict Controller's authority to invest temporarily idle funds will expire on January 14, C y p y p y � 2009, according to the provisions of Resolution 08-03 (see Report R-08-10). The attached Resolution renews the Controller's authority to invest District funds in accordance with the District's Investment Policy. When short-term interest rates rise, as occurred in 2006 and 2007, the District is able to earn an enhanced return on temporarily idle funds by investing directly as permitted by the Government Code. The attached policy also permits the Controller to invest surplus District funds directly in such specific investments. The proposed Statement of Investment Policy contains two changes from the prior year. In paragraph 8, the revised policy would allow purchase of certificates of deposits from any local bank that meets the criteria of the Government Code, if the principal is fully insured by the federal government, e.g. FDIC. Now that the amount of FDIC insurance has been increased to $250,000 per deposit, it may become practical to purchase some bank-insured deposits. In paragraph 11, references to the Administration and Budget Committee have been eliminated now that the monthly investment reports are distributed to the full Board of Directors. NEXT STEPS If approved by the Board, the District Controller will continue to invest temporarily idle funds in accordance with the District's Investment Policy. Attachments: 1. Resolution i Prepared by: Gregory L. Sam, Administration & Human.Resources Manager Mike Foster, Controller Contact Person: Michael Foster, Controller i I RESOLUTION NO. 09-� RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ADOPTING A STATEMENT OF INVESTMENT POLICY AND AUTHORIZING THE CONTROLLER TO INVEST SURPLUS FUNDS ALLOWED BY GOVERNMENT CODE WHEREAS, the District needs to maximize the yield on surplus temporarily idle funds in order to help meet land acquisition objectives; and WHEREAS, Chapter 4, Division 2 of Title 5 of the Government Code authorizes the District to deposit and invest surplus funds in investments which, at times, yield interest rates higher than achievable through the Santa Clara County Pooled Fund, or the California Pooled Investment Authority; and WHEREAS, the District can often improve its yield on surplus funds without sacrificing financial safety and flexibility. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: Section One. The Board of Directors of the Midpeninsula Regional Open Space District authorize the Controller to in vest surplus or temporarily idle funds according to the does hereby rp p Y g Investment Policy attached hereto as Exhibit"A" and by reference made a part hereof. w' e investments the Controller shall consult with th Section Two. Before any particular General Manager, or a District employee authorized to act in his behalf, to determine anticipated cash flow needs of the District. Section Three. This Resolution supersedes Resolution No. 08-03, adopted January 16, 2008. This Resolution shall no longer be in effect as of January 14, 2010, unless extended in time, and inactive funds shall then be deposited in the Santa Clara County Pooled Investment Fund, with the California Pooled Investment Authority, or invested through the District's commercial bank. t ° RESOLUTION NO.09-0 5 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on January 14, 2009 at a Special Meeting thereof,by the following vote: AYES: Mary Davey, Jed Cyr, Larry Hassett, Pete Siemens , Nonette Hanko, Cecily Harris -& Curt Riffle NOES: None ABSTAIN: None ABSENT: None ATTEST: APPROVED: Secretary President Board of Directors Board of Directors 1 the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. District Cl Regional Open Sace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Exhibit"A" Statement of Investment Policy GOALS Goal 1. Capital Preservation The primary goal shall be to safeguard the principal of invested funds. The secondary objective shall be to meet the liquidity needs of the District. The third objective shall be to achieve a return on funds consistent with this Policy. Temporarily idle funds shall be invested in a conservative manner, such that funds can always be withdrawn at, or just above or below, full invested value. Investments that offer opportunities for significant capital gains and losses are excluded. � p Goal2. Liquidity Temporarily idle funds will be managed so that normal operating cash needs and scheduled extraordinary cash needs can be met on a same day basis. Investments will be sufficiently liquid to provide a steady and reliable flow of cash to the District to insure that all land purchases can be made promptly(within two weeks). Goal 3. Income Temporarily idle funds shall earn the highest rate of return that is consistent with capital preservation and liquidity goals and the California Government Code. GUIDELINES 1. Determination of Idle Funds The Controller will prepare a cash flow projection prior to all investment decisions. This cash flow projection will be reviewed and evaluated by the General Manager. The General Manager is responsible for approving the Controller's designation of the amount of funds not required for the immediate necessity of the District and available for investment. 2. Contingency Reserve A contingency reserve of at least$5,000,000 shall be maintained with the Santa Clara County Pooled Investment Fund. The General Manager is responsible for approving the Controller's designation of the size of this contingency reserve. At all times this contingency reserve,together with funds held in trust by bond trustees and pledged to the payment of bonds issued by the District, will be sufficient to satisfy the reserve requirements for all District debt. 3. Non-Invested Funds Idle District funds not otherwise invested as permitted by this Policy,or maintained with trustee paying agents and pledged to the payment of District indebtedness, will be deposited with the Santa Clara County Pooled Investment Fund, the San Mateo County Treasurer's Pooled Investment Fund or the State of California's Local Agency Investment Fund. 4. Selection of Investments The Controller is responsible for selecting investments that fit within the amounts and maturities recommended by the Controller and by the General Manager. The Controller is also responsible for directing security transactions. 5. Investments Instruments and Deposit of Funds Investments and deposits of funds shall be limited to those allowed by and subject to the procedures of Government Code Section 53600 et seq. and 53635 et seq. In the event of any conflict between the terms of this Policy, and the Government Code, the provisions of the Government Code shall prevail. Investments shall not be leveraged. Investments, and"derivatives,"that offer opportunities for significant capital gains and losses are excluded. All investments,other than investment of bond proceeds and funds held by trustees and pledged to the repayment of bonds or other District indebtedness, shall mature within 180 days. Funds held by such trustees and other bond proceeds may be invested in accordance with the indenture or agreement providing for the issuance of such debt. 6. Diversification Investments other than insured or collateralized deposits at banks and savings and loan associations shall be diversified. 7. Marketability For investments other than deposits and investment of funds held by trustees as set out in Section 5, the breadth of ownership and number of securities outstanding will be sufficient to establish a secondary market in which investments can be readily converted to cash without causing a material change in their market value. i 8. Acceptable Banks Bankers'Acceptances and Negotiable Certificates of Deposit may be purchased only from the District's commercial bank or banks and savings and loan associations with over$1,000,000,000 of deposits and reporting profitable operations and which meet all applicable criteria of the Government Code. Certificates of Deposit may be purchased from other banks within Santa Clara and San Mateo Counties which meet all applicable criteria of the Government Code if the principal is fully insured by the Federal Deposit Insurance Corporation. 9. Acceptable Collateral Securities collateralizing bank or savings and loan deposits must be rated"A"or higher. 10. Investments in Name of District All investments purchased shall stand in the name of the District. 11. Reporting The Controller shall report all security transactions to the board no later than the next Regular Meeting of the Board of Directors after any transaction has been made. The Controller shall submit a report of the District's investments and security transactions to the Board of Directors by the fourth Wednesday of each month in accordance with Government Code Section 53607. The Controller will render a quarterly investment report to the Board of Directors as required by Government Code Section 53646. Such reports shall also be submitted to the General Manager and to the District's auditor. 12. Purchase of Securities The Controller is authorized to purchase securities through the investment department of the District's commercial bank and as otherwise permitted by the Government Code. The bank or other investment institution from which authorized securities are purchased shall be instructed in writing only to purchase securities in the name of the District and that all matured funds shall be returned to the District's commercial bank account. The bank shall also be instructed to send receipts for transactions to the General Manager. i R6gional Open SP9be MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-09-11 Meeting 09-02 January 14, 2009 AGENDA ITEM 8 AGENDA ITEM Appointment of Brad Pennington, Stephen Michael Gibbons II, and Rebecca Trout as Peace Officers GENERAL MANAGER'S RECOMMENDATION Adopt the attached Resolutions of the Board of Directors appointing Brad Pennington, Steve Gibbons, and Rebecca Trout as Peace Officers. DISCUSSION At the meeting of January 14, 1976, the Board of Directors decided that District rangers were to be appointed peace officers as outlined under Section 830.31(b) of the Penal Code of the State of California (see Report R-76-2). Brad Pennington, Stephen Michael Gibbons Il, and Rebecca Trout have met the necessary Penal Code requirements to qualify them for appointment as peace officers. The approval of the attached Resolutions by the Board of Directors will complete the appointment process. FISCAL IMPACT There is no new fiscal impact associated with this action. These positions were approved in the FY08-09 Budget. NEXT STEPS r rangers listed above will continue with their current training schedule On ce appointed, the three ra , Pp � g g After the completion of their training, which is anticipated to be in March, 2009, they will assume the fulls spectrum of ranger duties. P Prepared by: Gordon Baillie, Management Analyst Contact person: David T. Sanguinetti, Operations Manager i RESOLUTION NO. 09-0 2 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPOINTING PEACE OFFICER The Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve as follows: The following person is hereby designated as a peace officer of the Midpeninsula Regional Open Space District pursuant to Section 830.31(b) of the Penal Code of the State of California, to enforce the Midpeninsula Regional Open Space District Land Use Regulations and those city, county, and state regulations related to the protection and safe use of District land, enforcement of which is specifically authorized by the District: Brad Pennington I RESOLUTION No.09-0 2 I PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on January 14, 2009 at a Special Meeting thereof,by the following vote: AYES• Mary Davey, Jed Cyr, Larry Hassett, Pete Siemens , Nonette Hanko, Cecily Harris & Curt Riffle NOES: None ABSTAIN: None ABSENT: None i ATTEST: APPROVED: S etary President Board of Directors Board of Directors I, the District Clerk of the Midpeninsula Regional Open Space District,hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. District Cl RESOLUTION No.09-Q� PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on January 14, 2009 at a Special Meeting thereof, by the following vote: + AYES: Mary Davey, Jed Cyr, Larry Hassett, Pete Siemens, Nonette Hanko, Cecily Harris & Curt Riffle NOES: None ABSTAIN: None ABSENT: None ATTEST: APPROVED: ;ecretary President Board of Directors Board of Directors I the District Clerk of the Midpeninsula Regional Open Space District, hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of i the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. "Z jZS District Cler i II RESOLUTION NO. 09- 0 3 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPOINTING PEACE OFFICER The Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve as follows: The following person is hereby designated as a peace officer of the Midpeninsula Regional Open Space District pursuant to Section 830.31(b) of the Penal Code of the State of California, to enforce the Midpeninsula Regional Open Space District Land Use Regulations and those city, county, and state regulations related to the protection and safe use of District land, enforcement of which is specifically authorized by the District: Stephen Michael Gibbons II i i RESOLUTION NO.09- 0 4 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on January 14, 2009 at a Special Meeting thereof, by the following vote: AYES: Mary Davey, Jed Cyr, Larry Hassett, Pete Siemens , Nonette Hanko, Cecily Harris & Curt Riffle NOES: None ABSTAIN: None ABSENT: None ATTEST: APPROVED: 4ecrPresident etary Board of Directors Board of Directors I I,the District Clerk of the Midpeninsula Regional Open Space District,hereby certify that the above is a true and correct copy of a resolution duly adopted by the Board of Directors of the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly held and called on the above day. District C k I i RESOLUTION NO. 09-0 4 RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPOINTING PEACE OFFICER The Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve as follows: The following person is hereby designated as a peace officer of the Midpeninsula Regional Open Space District pursuant to Section 830.31(b) of the Penal Code of the State of California, to enforce the Midpeninsula Regional Open Space District Land Use Regulations and those city, county, and state regulations related to the protection and safe use of District land, enforcement of which is specifically authorized by the District: Rebecca Trout i +, Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: Stephen E. Abhors, General Manager DATE: January 9, 2009 RE: FYI's Regional Open Space January 6, 2009 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Nancy Lund, Town Historian Town of Portola Valley 765 Portola Road Portola Valley,CA 94028 RE: Preserve Specimen Loan Request for the Town of Portola Valley Dear Ms. Lund, On November 8,2008,the District received a request from Mr. Dirk Kabcenell for permission to loan a Native American Pestle found during geological excavations in 1999 at Windy Hill Open Space Preserve to the Town of Portola Valley for periodic display in the Town's Community Heritage Center. This letter serves as written approval of this request subject to the following conditions: 1. The specimen shall remain in the same condition as when first delivered to the Town of Portola Valley and shall not be altered in any way; 2. The specimen shall be on loan solely to the Town of Portola Valley and shall remain in the custody of the Town Historian;the specimen shall not be transferred to another institution, individual, or third party without prior District written approval; 3. The specimen shall be held on loan at the Town of Portola Valley Community Heritage Center for a period of five(5)years, and may be extended by the District upon written request. 4. The District reserves the right to recall the specimen at any time; 5. Acknowledgment of the specimen as borrowed from the District and originating from Windy Hill Open Space Preserve would be appreciated; 6. Documentation on the location of origin of the specimet,catalog number, and any other pertinent information,should be kept on record with the specimen at all times. The District appreciates your willingness to meet these conditions and values your efforts to preserve and educate the public about our local historical resources. Before the Pestle is transferred to the Town,we ask that the Town Historian sign and return this letter to the District. Sincerely, Stephen E. Abbors General Manager ---------------------------------------------------------------------------------------------------------------------------- I understand and agree to the aforementioned conditions. Printed Name Affiliation with the Town of Portola Valley Signature Date cc: MROSD Board of Directors Kirk Lenington,Senior Resource Planner Cindy Roessler,Sr.Resource Management Specialist Dirk Kabcenell 33o Distel Circle 650-691-1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Curt Riffle,Nonette Hanko,Larry Hassett Kenneth C.Nitz Stephen E.Abbors ArF Midpeninsula Regional Open Space District m e mo randum W A To: MROSD Board of Directors From: Tina Hugg, Open Space Planner 11 Date: January 14, 2009 Re: Update on the Administrative Office Remodel Project This update is being provided to the Board regarding the current status of the remodel project as of January 9, 2009. • Punch list items for the roofing work are nearing completion. Staff is awaiting resolution of a problem discovered with the new cover over the center roof drain. • Comments from the City of Los Altos have been received for the kitchen remodel and the IT server room permit set. Tannerhecht Architecture will begin addressing the city's comments while staff reviews the drawings and cost information. • The furniture installation for the private offices in the north end is almost complete. Remaining shelf components will be installed by the beginning of February. • Other than those mentioned above, Phase 1 modifications to the north end are complete and Planning has relocated into the new workstations and offices. • Public Affairs is in the process of moving into vacated Planning work stations. • Modifications to connect the fire alarm system to a third party monitoring company are underway. • Modifications to the security system are finished. The installation of motion sensors on the north end and an upgraded panel has been completed. • The evaluation of the existing HVAC system is in progress. The repair and/or adjustment of broken or nonfunctioning components is underway. Any major modifications to the system will be considered after the system is functioning properly and staff comfort can be assessed under those conditions. Next Steps Staff will continue to make progress on: o Reviewing the permit set for the kitchen and IT server room and forwarding comments to Tannerhecht Architecture o Connecting the fire alarm system to a third party monitoring company o Resolving remaining roofing project punch list items with the contractor o Implementing basic HVAC repairs for the AO building An update will be provided through an informational memorandum to the Board at the next meeting. Interoffice Memorandum January 7, 2009 To: Stephen E. Abbors, General Manager From: Gordon Baillie, Management Analyst— Operations t� Subject: Monthly Field Activity Summary—November, 2008 DISTRICT VIOLATIONS CITES TOTALS OTHER CRIMES CITES TOTALS Bicycles Auto burglaries 0 0 Closed Area 3 3 False information 0 1 Speed 1 5 Resisting police officer 1 l Helmet 4 8 Misdemeanor warrant 0 0 Night Riding 1 1 Possess/Cultivation marijuana 0 0 Dogs ACCIDENTS/INCIDENTS Prohibited area 5 11 Bicycle accident 4 Off-leash 20 24 Equestrian accident 0 Vehicles prohibited 2 2 Hiking/Running accident 2 Closed area 3 8 Other first aid 2 After hours 2 11 Search &Rescue 0 Fishing 0 0 Vehicle accident 0 Vandalism 0 1 LZ air evacuation I Parking 25 32 Fire 0 Parking after hours 53 59 ENFORCEMENT _ _ Disabled parking 1 4 "Subject"citations 40 Dumping/Litter 1 I Parking citations 79 �I Weapons Written warnings 51 Actual contact 0 0 Arrests 0 Evidence of 0 1 Police assistance 0 Other: MUTUAL AID I Bike(walk only) 0 1 Accident 3 Permit required 0 1 Enforcement 0 Illegal trail building 0 1 Fire - 0 Possible harassment 0 1 LZ for offsite helicopter 1 Occurrences of Special Interest Date: 2 In Sierra Azul OSP, a ranger observed a suspect dumping a desk and a mattress. The suspect was cited and then required to remove the items. 6 In Fremont Older OSP, a suspect was cited for refusing to stop for a ranger. The initial reason for the stop was for having his dog off-leash. Additional rangers were called. The suspect came back off the trail and was stopped and issued a citation. WEnforcement Activity Reports\2008 Monthly Summaries\November 2008-Monthly Enforcement Summary.doc 8 At El Corte de Madera OSP, on the Virginia Mill Trail, a fatal accident occurred involving a bicyclist. A companion of the patient administered CPR for approximately 45 minutes before Fire/Rescue arrived. District personnel arrived on scene with CALFIRE, the Kings Mountain Volunteer Fire Department, and the San Mateo County Sheriff's Department The patient was taken by ground transport to Stanford Hospital, where he was pronounced dead. 10 Off the Norton Driveway in Russian Ridge OSP, District staff discovered two illegal trails under construction. One of the trails had been closed with T-posts planted in the ground.. In Sierra Azul OSP, two rangers investigated a report of an abandoned marijuana garden and found it still had an active water system. There was evidence that the area had previously been eradicated by the Sheriff's Dept. 22 A report was received that a climber had been bitten by a bat when he put his hand in a crevice to gain a handhold at Eagle Rock in Long Ridge OSP. The victim reported that he is being treated with rabies vaccine. 29 In the closed area, on the back side of Mindego Hill in Russian Ridge, two riders using off-road motorcycles were observed. One rider stated that he rode professionally and did not know that the area was closed. The other rider stated that a friend told him it was okay to ride in the area. Both were cited for use of off-road vehicles on District land. 29 A Volunteer Trail Patrol member reported that a hiker had received multiple insect bites near Horseshoe Pond at Skyline Ridge OSP. The victim refused medical aid. November Vandalism 2 Skyline Ridge: Graffiti on water tank. 18 Bear Creek Redwoods: At the Alma College buildings, two cuts in the fencing were found, and two doors had been broken in. 27 Purisima Creek Redwoods: The Geraldine Judson Memorial Grove sign was knocked down. 0:\Enforcement Activity Reports\2008 Monthly Summaries\November 2008-Monthly Enforcement Summary.doc i REGIONAL OPEN Sf .E MIDPENINSULA REGIONAL OPEN SPACE DISTRICT INTER-OFFICE MEMORANDUM To: Stephen E. Abbors,General Manager - From: M. Williams,Real Property Manager I � Date: December 17, 2008 Subject: Stanton Property Addition to Sierra Azul Open Space Preserve Escrow closed for the subject transaction on December 12, 2008 and title to and possession to an undivided half (50%)of this 93.69-acre parcel passed to the District. I am not aware of any use and management concerns that were not addressed in the staff report to the Board. In accordance with the Public Notification Policy, neighbors to the property were notified of this purchase. As there were no comments made by any of the neighbors or members of the public that might require amendment to the use and management recommendations,close of escrow marks the final adoption of the Preliminary Use and Management Plan recommendation,approved by the Board of Directors at its meeting of December 10, 2008. DEDICATION&AC UISITION INFORMATION Preserve, County Ownership Status: Board Approval Date& & & Grantor Acres (Fee,Easement,Lease, Resolution Number or Area A.P.N. Mgmt Agreement) General Manager Approval Date Sierra Azul Santa Clara County David N.Stanton 46.85 Fee December 10,2008 APN 575-07-001 Resolution No,0843 Mgmt.Status: Dedication Date Closing Date (Open,Closed,CMU, Status(mended or Type Purchase Price GIS Code or Other) Withheld) December 12,2008 Closed Withheld Cash 425,000 1869 Misc.Notes: As part of this transaction,the District also received a Grant of Right of First Offer and Right of First Refusal for the 120.9-acre portion of the Stanton property being retained by the seller(GIS Code 2052). cc: Board of Directors Administration Accounting Operations&Field Offices Planning GIS Coordinator Public Affairs Legal J r Regional Open SAce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT INTER-OFFICE MEMORANDUM To: Stephen E. Abbors, General Manager From: Michael Reeves, Real Property Specialist Date: December 22, 2008 Subject: CLOSING MEMORANDUM Boyd Property Addition Russian Ridge Open Space Preserve Escrow closed for the purchase of the Boyd property on December 19, 2008, and title to and possession of this 0.385 acre property passed to the District. This purchase of land was approved and accepted by the District General Manager in accordance with the District's Rules of Procedure, Section 2.60 (2) as amended on October 8, 2003 (see Report R-03-103), to wit: "The General Manager is hereby authorized to approve the acquisition of an interest in or easement upon real property, or an option to acquire such an interest or easement, on behalf of the Midpeninsula Regional Open Space District provided the following conditions are met: l. The General Manager determines that the acquisition of such interest in or easement upon real property is necessary or appropriate in order for the District to effective) acquire, 1 y ac q , pan, maintain and operate its system of open space preserves, and that such acquisition is consistent with all applicable District regulations and policies concerning acquisition of real property; and 2. The purchase price, option price, or, in the case of a gift, the fair market value of the gift, does not exceed the General Manager's authority to expend District funds as provided in Section 5549 (b)(2) of the Public Re sources Code and as authorized by the Board of the Directors; and 3. Prior to the General Manager's approval of an acquisition, the District undertakes all acts required by law prior to acquiring real property, including compliance with the California Environmental Quality Act; and 4. After acquisition, the General Manager shall notify the Board of Directors, in writing, of the acquisition or option and place upon the Board of Director's agenda at its regular meeting a Preliminary Use and Management Plan for the real property so acquired. Pursuant to the District's Public Notification Policy,the General Manager may determine that such Plan be presented to the Board for final adoption, in the event no public comments concerning the proposed plan have been received prior to Board action." The General Manager signed a Certificate of Acceptance on December 8, 2008 for the grant of the Boyd property to the District, based upon the determination that the purchase of the subject property is in accordance with the above-stated policy. The Grant Deed was recorded on December 19, 2008. The following chart presents dedication and acquisition details for this property: DEDICATION&ACQUISITION INFORMATION Preserve County Ownership Status: General Easement, & & Grantor Acres (Fee, Manager Area A.P.N. Lease,Mgmt Approval Date Agreement) Russian Ridge San Mateo Alicia Boyd 0.385 Fee 12/8/08 APN 080-330-170 Mgmt. Status: Dedication Date& Closing Date (Open,Closed,CMU, Status Type Purchase Price GIS Code or Other) (Intended or Withheld) 12/19/08 Closed Intended Cash $2,500 ID#2038 Misc.Notes: cc: Board of Directors Administration Accounting Operations&Field Offices Planning GIS Coordinator Public Affairs Legal I Page 2 Regional Open Slice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT INTER-OFFICE MEMORANDUM To: Stephen E. Abhors, General Manager From: Michael C. Williams Date: December 22, 2008 Subject: CLOSING MEMORANDUM Marks Property Addition Sierra Azul Open Space Preserve The District accepted a gift of the 8.80 acre Marks property under the General Manager's authority to approve and accept a gift interest in real property in accordance with the District's Rules of Procedure, Section 2.60 (2) as amended on October 8, 2003 (see Report R-03-103),to wit: "The General Manager is hereby authorized to approve the acquisition of an interest in or easement upon real property, or an option to acquire such an interest or easement, on behalf of the Midpeninsula Regional Open Space District provided the following conditions are met: 1. The General Manager determines that the acquisition of such interest in or easement upon real property is necessary or appropriate in order for the District to effectively acquire, plan, maintain and operate its system of open space preserves, and that such acquisition is consistent with all applicable District regulations and policies concerning acquisition of real property; and 2. The purchase price, option price, or, in the case of a gift, the fair market value of the gift, does not exceed the General Manager's authority to expend District funds as provided in Section 5549 (b)(2) of the Public Resources Code and as authorized by the Board of the Directors; and 3. Prior to the General Manager's approval of an acquisition, the District undertakes all acts required by law prior to acquiring real property, including compliance with the California Environmental Quality Act; and 4. After acquisition, the General Manager shall notify the Board of Directors, in writing, of the acquisition or option and place upon the Board of Director's agenda at its regular meeting a Preliminary Use and Management Plan for the real property so acquired. Pursuant to the District's Public Notification Policy, the General Manager may determine that such Plan be presented to the Board for final adoption, in the event no public comments concerning the proposed plan have been received prior to Board action." The General Manager signed a Certificate of Acceptance for the Gift Deed of the Marks gift on December 15,2008, based upon the determination that acceptance of this gift is in accordance with the above-stated policy. The Gift Deed was recorded on December 19,2008 and title to and possession of this property has passed to the District. The following chart presents dedication and acquisition details for this property: DEDICATION&ACQUISITION INFORMATION Ownership Status: Preserve County General (Fee,Easement, & & Grantor Acres Lease,Mgmt Manager Area A.P.N. Agreementj Approval Date Anthony N. Marks, Sierra Azul Santa Clara executor of the 8.80 Fee 12/15/08 562-26-001 Thomas C. Marks last will and testament Mgmt.Status: Dedication Date& Closing Date (open,Closed,CMU', Status Type Purchase Price GIS Code or Other) (Intended or Withheld) 12/19/08 Closed Withhold Gift S 8,800 ID#1850 Misc.Notes: CC: Board of Directors Administration Accounting Operations&Field Offices Planning GIS Coordinator Public Affairs Legal Page 2 Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT i TO: Board of Directors FROM: Stephen E. Abbors, General Manager DATE: January 14, 2009 RE: FYI's Midpeninsula Regional Open Space District M e m o ran d u m To: MROSD Board of Directors From: Gretchen Laustsen, Planning Technician Date: January 14, 2009 Re: Update on the Resource Management Grant Program This update is being provided to the Board regarding the Resource Management Grant Program as of January 12, 2009. At your August 27 th 2008 meeting, staff provided an FYI regarding the status of the Resource Management Grant Program Request for Proposals, the proposals received and the projects selected to receive funding. One of the four proposals selected, the collaborative project between the de Saisset Museum of Santa Clara University and Futurefarmers, cannot be implemented. The project intended to enhance the general public awareness, knowledge, and appreciation of the environment by hosting field excursions to explore local plant life through writing and drawing activities with faculty from the Biology, Environmental Studies, Art and Art History Departments. The results of these excursions would have been displayed in a free exhibition at the de Saisset Museum. The proposal required a very condensed timeline to accomplish all necessary steps prior to the de Saisset Museum's exhibition date of January 24 th. After consideration, District staff and Museum staff determined that their timeline was too ambitious and limited the opportunity for a successful project. District staff encouraged the applicant to seek grant funding with the District for similar projects and the Museum staff emphasized that they look forward to the opportunity to work with the District in the future. No further action is needed by the Board. The District has neither executed a grant agreement nor committed grant funds to the applicant.