The URL can be used to link to this page

Home My Public Portal About20090408 - Agenda Packet - Board of Directors (BOD) - 09-11 Midpeninsula Regional Open Space District Meeting 09-11 SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 5:30 p.m. Wednesday, April 8, 2009 330 Distel Circle Los Altos, California AGENDA SPECIAL MEETING The Special Meeting Closed Session will begin at 5:30 p.m. At 7:00 p.m.,the Board will convene the Regular Meeting. 5:30 ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT-CLOSED SESSION I Conference with Legal Counsel- Existing Litigation - California Government Code Section 54956.9 Cbiocchi et al. vs. Midpeninsula Regional Open Space District et al., Santa Clara Superior Court Case No. 107CV095669 2 Conference with Real Property Negotiator-California Government Code § 54956.8 Real Property— End of Wagner Road, Unincorporated Santa Clara County APN 558-30-001 Agency Negotiator- Mike Williams, Real Property Manager Negotiating Party— Walter Moore, Peninsula Open Space Trust Under Negotiation - Price and terms of real property transaction 3 Conference with Real Property Negotiator- California Government Code § 54956.8 Real Property—End of Mirarnontes Street, Half Moon Bay, San Mateo County APN 064-390-020 Agency Negotiator- Mike Williams, Real Property Manager Negotiating Party— Walter Moore, Peninsula Open Space Trust Under Negotiation - Price and terms of real property transaction REGULAR MEETING 7:00* REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ROLL CALL REPORT ON RETURN FROM CLOSED SESSION(The Board shall publicly state any reportable action taken in Closed Session pursuant to Government Code Section 54957.1) ORAL COMMUNICATIONS—Public Meeting 09-11 Page 2 ADOPTION OF AGENDA 7:10* CONSENT CALENDAR I Approval of Revised Claims Report 2 Approval of Written Communications - None 3 Appointment of Maze & Associates as the District's Auditor for FY2008-2009— M. Foster 7:20* BOARD BUSINESS 4 Authorization to Purchase Four(4)New Ranger Patrol Vehicles at a Total Cost Not to Exceed $170,000—D. Topley 5 Approval of the Defensible Space(Fire Clearance) Permit System Program—J. Andersen 6 Authorization to Amend the Contract with Vollrnar Consulting to Conduct Second Year Pond Monitoring in the Former Wool Ranch Area of La Honda Creek Open Space Preserve—K. Lenington 7 Approval of Resolution Authorizing District Access to State and Federal Criminal History Information for Employment and Volunteer Background Checks—G. Sam 8 Authorization to Arnend the"Agreement between San Mateo County and Midpeninsula Regional Open Space District Regarding Fire Services"to Include District Funding for a Fire Emergency Services Rescue Vehicle—S. Schecti-nan INFORMATIONAL REPORTS—Reports on cornpensable 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 SPECIAL MEETING CLOSED SESSION RECONVENED(IF NECESSARY) REPORT ON RETURN FROM RECONVENED CLOSED SESSION(IF NECESSARY) (The Board shall publicly state any reportable action taken in Closed Session pursuant to Government Code Section 54957.1) ADJOURNMENT Times are estimated and items may appear earlier or later than listed.Agenda is subject to change of order. TOADDRESSTHEBOARD: 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 streaker will ordin(irilybe 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 oj'the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting.please contact the District Clerk at (650)691-1200. Notification 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to this meeting. I Meeting 09-11 Page 3 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 April 8,2009 Special and Regular Meetings of the MROSD Board of'Directors was posted and available for review on April 3,2009 at the Administrative Offices ofMROSD,330 Distel Circle,Los Altos,California,94022. The agenda is also available on the District's web site at hur)://www-opens a �nT_cc.org. Signed this 3rd day of April 2009,at Los Altos,California. District Clerk Date: 04/03/09 Claims No. 09-07 Meeting 09-11 Date 4/8/09 Revised i Midpeninsula Regional Open Space District # Amount Name Description 10011 $116,386.99 County Of San Mateo Assessor's Ward 7 Election Services Office 10012 $18,930.00 Casey Construction Site Cleanup-Former Beatty Property 10013 $16,030.69 The Sign Shop District Vehicle Striping,Lettering&Graphics Project 10014 $15,000,00 USDA Forest Service Sudden Oak Death Resistance Study 10015 $14,450.00 Aaron's Septic Tank Service Pumping Services-17 Loads At Ravenswood 10016 $13,600.00 California Conservation Corps Invasive Plant Removal 10017 $13,381.36 AMPAC Machinery Field Equipment-Rubber Track Carrier 10018 $13,102.14 Design Concepts Graphic Design Services-Brochures,Good Neighbor Policy, Meet&Greet Invitations&Envelopes,Flower Illustrations, Parking Permit,Volunteer Ad&Set-Up Stationary And Envelopes With New Logo 10019 $12,973.76 Santa Clara County Sheriff Patrol Services 10020 $12,220.00 Casey Construction Barge Cleanup-Ravenswood 10021 $11,744.58 Ergo Works Ergonomic Equipment&38 Chairs 10022 $11,371.00 Asphalt Surfacing Repair&Maintenance Of Existing Asphalt Road At FFO 10023 $10,465.70 Portola Park Heights Property Owners' Road Work-Portola Heights Road Association 10024 $9,800.02 Pacific Coast Seed Native Seed Stock 10025 $7,85&35 Kern Rokon All Terrain Maintenance Vehicle 10026 $6,43115 Phytosphere Research Evaluation Of Agri-Fos Treatment&Bay Tree Removal 10027 $6,263.77 Sierra Consulting&IPM Preparation Of Pest Control Recommendations For Maintenance Spraying 10028 $6,028.00 Wetlands&Water Resources Natural Resource Management Evaluation&Dam Condition Assessment-Thornewood 10029 $5,266.00 Shelton Roofing Company Re-Roofing Of Side Building At La Honda Creek 10030 $4,775.00 Phytosphere Research Consultation&Sampling Of Diseased Oak Trees At Los Trancos 10031 $4,500.00 Regional Government Services Staff Retention Survey Project 10032 $3,560.14 Greg's Trucking Service Rock Delivery Services For Culverts At Long Ridge 10033 $3,498.00 PBS&J Consulting Services-Environmental Review For Control Of Slender False Brome 10034 $3,305.00 Steven Ash Pest Control Recommendations&Professional Advice 10035 $3,095.38 Inside Source Office Furniture Components For Operations&Planning Departments 10036 $2,900.84 Peterson Tractor Tractor Equipment-Implement Adapter 10037 $2,716.01 Summit Uniforms Uniform Expenses 10038 $2,647.00 Liebert Cassidy Whitmore Legal Services&Advice 10039 $2,355.00 Santa Clara County-Department Of Hazardous Material Storage Permit Environmental Health 10040 $2,289.53 Bear Saver Recycle Container 10041 $2,217.66 Cresco Equipment Rental Equipment Rental-Excavator For Tree Removal At Pulgas Ridge 10042 $2,006.55 CDW Government Email Spam Filtering Service 10043 $2,000.00 United States Postal Service Postage For Postage Machine 10044 $1,948.56 Northgate Environmental Management Remedial Investigations&Design At Driscoll Ranch 10045 $1,894.81 Western Truck Fabrication Dump Truck Accessories 10046 $1,664.83 Costco Office Supplies, Field Supplies& SFO Patrol Evidence Camera 10047 $1,635.61 Big Creek Lumber Sign Posts For Trail Signs/Building Materials For New Shed 10048 $1,615.19 Roy's Repair Service Vehicle Repairs&Service 10049 $1,610.00 Macro Corporation Project Management Services-Implementation Of District's New Radio System 10050 $1,535.87 Tadco Supply Janitorial Supplies 10051 $1,525.00 Newton Chan Web Consultant-Site Maintenance&Development Of New Features Page 1 of 4 Claims No. 09-07 Meeting 09-11 Date 4/8/09 Revised Midpeninsula Regional Open Space District i # Amount Name Description 10052 $1,485.00 Cupertino Medical Group Employee Medical Services-Pre-Employment Physicals 10053 $1,399.61 02 Marketing&Design District Uniform&Ball Cap Patches 10054 $1,136.64 R. E. Borrmann's Steel Company Supplies For Permanent Bench At SFO Shop/Steel Tube& Strap For Water Tank Frame 10055 $1,103.50 Hoge, Fenton,Jones&Appel Legal Services-Chiocchi Litigation 10056 $1,010.00 All Temp Refrigeration HVAC Repair-FFO 10057 $996.14 Dek-Ing Materials For Restoring Chicken Coup At SFO 10058 $900.00 Aaron's Septic Tank Service Pumping Services-Windy Hill, Russian Ridge&Skyline Ridge 10059 $800.00 Sterling Underground Construction Monitor And Service Septic Tanks-Rancho San Antonio&FFO 10060 $780.09 Firestone Complete Auto Care Tires 10061 $773.20 San Francisco Bay Bird Observatory Nest Surveys At Monte Bello Burn Area 10062 $770.00 Lund, Pearson,McLaughlin Fire Performance Test For Sprinkler System Protection System 10063 $574.79 Safety Kleen Solvent Tank Service&Supplies-SFO&FFO 10064 $559.52 Cupertino Bike Shop Patrol Bike Repairs 10065 $547.16 United Site Services Sanitation Services-Sierra Azul&Fremont Older 10066 $540.03 Metro Mobile Communications Radio Repairs 10067 $507.50 Jobs Available Recruitment Ad-Planning Technician/Training&Safety Coordinator 10068 $495.46 Hsieh, Benny Reimbursement-Server Hard Drives For FFO 10069 $480.00 Lance Bayer Legal Services Y 9 10070 $466.28 Hugg,Tina Reimbursement-GIS Training Expenses&American Society Of Landscape Architects Membership Dues 10071 $463.46 Coastal Tractor Utility Vehicle Repair 10072 $460.00 Green Waste Garbage Service-SFO 10073 $445.98 Roessler,Cindy Reimbursement-Rental Residence&Grazing Expenses 10074 $431.70 Sommer, Sandy Reimbursement-Association Of Environmental Professionals Conference Expenses&Mileage 10075 $364.39 Guy Plumbing&Heating Garbage Disposal-AO 10076 $350.01 CMK Automotive Vehicle Maintenance&Repairs 10077 $329.12 Miller, Ken Reimbursement-Uniform Expense&EMT Recertification 10078 $327.74 *** AT&T Voicemail Service-AO/Long Distance-AO/Fax Service-FFO /Alarm Service-FFO 10079 $316.50 ID Plus Name Tags 10080 $309.12 Rural Supply Hardware T-Posts For Fencing Project At El Sereno 10081 $305.97 Silacci's Feed Barn Field Supplies-2 Gates&Barbless Barb Wire 10082 $305.00 *1 Le's Alterations Uniform Expenses-Change Patch To New Logo On Uniforms 10083 $300.37 Cabela's Uniform Expenses 10084 $300.00 Rachel Demitrios Revisions To Electronic Incident Report Form 10085 $283.07 Sanguinetti, David Reimbursement-Uniform Expense 10086 $274.49 Goodco Press Printing Services-Warning Notices 10087 $270.20 Rich Voss Trucking Rock Delivery For Portola Heights Parking Lot Repairs 10088 $257.95 Pine Cone Lumber Field Supplies 10089 $248.00 American Red Cross CPR&Emergency Response Certificates 10090 $244.10 The Workingman's Emporium Uniform Expenses 10091 $242.63 Monster Mechanical HVAC Service-AO 10092 $232.21 Stevens Creek Quarry Rock For Portola Heights Parking Lot Repairs 10093 $224.07 Cartridge World Printer Supplies 10094 $219.75 Interstate Traffic Control Products Field Supplies-Stop&Slow Signs 10095 $209.82 Aramark Medical Bags 10096 $201.05 Brim Tractor Company Safety Decals For Tractors 10097 $200.00 Smith,Jeff Reimbursement-EMT Recertification Class Page 2 of 4 Claims No. 09-07 Meeting 09-11 Date 4/8/09 Revised Midpeninsula Regional Open Space District # Amount Name Description 10098 $188,10 National Fire Fighter Corporation Poison Oak Soap 10099 $187.71 Lenington, Kirk Reimbursement-Mileage 10100 $185.66 Peterson Tractor Tractor Supplies 10101 $184.12 Madsen's Shop&Supply Uniform Expenses 10102 $182.65 Gou,Vicky Reimbursement-Digital Storytelling Workshop Expenses 10103 $177.88 Grainger Field Supplies 10104 $165,47 Los Altos Garbage Company Garbage Service-AO 10105 $165.21 Great Printing&Copies Printing Services-Teague Hill Maps 10106 $163.84 McKowan,Paul Reimbursement-Volunteer Supplies&Mileage 10107 $156.60 California Water Service Company Water Service-AO&Windy Hill 10108 $156.54 Parry, Rick Reimbursement-Trailbuilder Conference Expenses 10109 $150.36 Allied Waste Services Garbage Service-Hosking Barn 10110 $149.63 Gorman,Michael Reimbursement-Trailbuilder Conference Expenses 10111 $144.56 Forestry Suppliers Uniform Expense&Field Supply 10112 $140.00 Costco Annual Membership Dues 10113 $139.34 Foster Brothers Lock&Key Services 10114 $130.58 Paterson, Loro Reimbursement-Uniform Expenses 10115 $123.20 Andersen,Julie Reimbursement-Mileage 10116 $122.39 Del Rey Building Maintenance Janitorial Supplies-AO 10117 $119.00 Coastal Sierra Internet Service-SFO 10118 $118.63 '*" Verizon Cellular Phone Service 10119 $118.23 Duong,Anna Reimbursement-CSDA Board Secretary Training Expenses 10120 $99.31 Mort,Jim Reimbursement-Battery For Maintenance Truck 10121 $98.52 McKibbin, Brennon Reimbursement-Trailbuilder Conference Expenses 10122 $96.70 Hapke,Alexander Reimbursement-California Parks Conference Expenses 10123 $85.00 Hammond,Tracy Reimbursement-Uniform Expense 10124 $83.66 Cleve, Casey Reimbursement-Mileage 10125 $83.35 Mountain View Garden Center Landscaping Supplies 10126 $78.00 Pacific Telemanagement Services Pay Phone-Black Mountain 10127 $78.00 G&K Services Shop Towel Service 10128 $69.00 Terminix Pest Control-AO 10129 $60.00 Macke Water Systems Water Dispenser Rental-Two Months 10130 $58.98 FedEx Shipping Charges 10131 $53.55 Life Assist First Aid Supplies 10132 $48.50 San Jose Mercury News Quarterly Subscription 10133 $47.41 Fair,Brian Reimbursement-Uniform Expenses 10134 $46.64 Cook, Peter Reimbursement-California Parks Conference Expenses 10135 $43.00 Alien's Press Clipping Bureau Clipping Service 10136 $41.01 Pringle Tractor Company Tractor Supplies 10137 $32.46 Reed,Steve Reimbursement-Uniform Expenses 10138 $30.91 Department Of Motor Vehicles Vehicle Code Books 10139 $25.00 County Of San Mateo Public Health Tick Testing Laboratory 10140 $15.05 Verizon Business Long Distance Fax Service-SFO 10141 R $4,536.00 ATY Building Systems Balance For Storage Building-SFO 10142 R $2,202,64 Gardenland Power Equipment Field Supplies/Helmets/Chainsaw&Brushcutter Parts/Trash Pump&Accessories 10143 R $1,393.51 Orchard Supply Hardware Field Supplies/Flashlights/Shop Supplies/Uniform Expenses/ Drill Bit Set/Saw Blade/Rental Residence Expenses! Hazardous Material Containers 10144 R $1,298.27 Beckman,Craig Reimbursement-Trail Rigging Training Expenses Page 3 of 4 Claims No. 09-07 Meeting 09-11 Date 4/8/09 Revised Midpeninsula Regional Open Space District # Amount Name Description 10145 R $1,125.00 L.Craig Britton Consulting Services 10146 R $246.60 Petty Cash Parking&Mileage/Training&Conference Expenses/Out Of Town Business Meeting Expenses/Uniform Expenses/Field Supplies 10147 R $240.00 *2 Arizona State Parks Trail Rigging Training-4 Employees 10148 R $80.00 Sam,Greg Reimbursement-Cell Phone 10149 R $67.15 *** AT&T Telephone Service-AO&FFO 10150 R $30.07 Kern,Grant Reimbursement-Trail Rigging Training Expenses 10151 R $12.00 Bolle, Ken Reimbursement-Trail Rigging Training Expenses Total $415,916.20 *** 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. *1 Urgent Check Issued 4/1/09 *2 Urgent Check Issued 3127/09 Page 4 of 4 I Claims No. 09-07 Meeting 09-10 Date 4/8/09 Midpeninsula Regional Open Space District j # Amount Name Description i 10011 $116,386.99 County Of San Mateo Assessor's Ward 7 Election Services Office 10012 $18,930.00 Casey Construction Site Cleanup-Former Beatty Property f 10013 $16,030.69 The Sign Shop District Vehicle Striping, Lettering&Graphics Project 10014 $15,000.00 USDA Forest Service Sudden Oak Death Resistance Study 10015 $14,450.00 Aaron's Septic Tank Service Pumping Services-17 Loads At Ravenswood I 10016 $13,600.00 California Conservation Corps Invasive Plant Removal 10017 $13,381.36 AMPAC Machinery Field Equipment-Rubber Track Carrier 10018 $13,102.14 Design Concepts Graphic Design Services-Brochures,Good Neighbor Policy, Meet&Greet Invitations&Envelopes,Flower Illustrations, Parking Permit,Volunteer Ad&Set-Up Stationary And Envelopes With New Logo 10019 $12,973.76 Santa Clara County Sheriff Patrol Services 10020 $12,220.00 Casey Construction Barge Cleanup-Ravenswood 10021 $11,744.58 Ergo Works Ergonomic Equipment&38 Chairs 10022 $11,371.00 Asphalt Surfacing Repair&Maintenance Of Existing Asphalt Road At FFO 10023 $10,465.70 Portola Park Heights Property Owners' Road Work-Portola Heights Road Association 10024 $9,800,02 Pacific Coast Seed Native Seed Stock 10025 $7,858.35 Kern Rokon All Terrain Maintenance Vehicle 10026 $6,43115 Phytosphere Research Evaluation Of Agri-Fos Treatment&Bay Tree Removal 10027 $6,263.77 Sierra Consulting&IPM Preparation Of Pest Control Recommendations For Maintenance Spraying 10028 $6,028.00 Wetlands&Water Resources Natural Resource Management Evaluation&Dam Condition Assessment-Thornewood 10029 $5,266.00 Shelton Roofing Company Re-Roofing Of Side Building At La Honda Creek 10030 $4,775.00 Phytosphere Research Consultation&Sampling Of Diseased Oak Trees At Los Trancos 10031 $4,500.00 Regional Government Services Staff Retention Survey Project 10032 $3,560.14 Greg's Trucking Service Rock Delivery Services For Culverts At Long Ridge 10033 $3,498.00 PBS&J Consulting Services-Environmental Review For Control Of Slender False Brome 10034 $3,305.00 Steven Ash Pest Control Recommendations&Professional Advice 10035 $3,095.38 Inside Source Office Furniture Components For Operations&Planning Departments 10036 $2,900.84 Peterson Tractor Tractor Equipment-Implement Adapter 10037 $2,716.01 Summit Uniforms Uniform Expenses 10038 $2,647.00 Liebert Cassidy Whitmore Legal Services&Advice 10039 $2,355.00 Santa Clara County-Department Of Hazardous Material Storage Permit Environmental Health 10040 $2,289.53 Bear Saver Recycle Container 10041 $2,217.66 Cresco Equipment Rental Equipment Rental-Excavator For Tree Removal At Pulgas Ridge 10042 $2,006.55 CDW Government Email Spam Filtering Service 10043 $2,000.00 United States Postal Service Postage For Postage Machine 10044 $1,948.56 Northgate Environmental Management Remedial Investigations&Design At Driscoll Ranch 10045 $1,894.81 Western Truck Fabrication Dump Truck Accessories 10046 $1,664.83 Costco Office Supplies, Field Supplies& SFO Patrol Evidence Camera 10047 $1,635.61 Big Creek Lumber Sign Posts For Trail Signs/Building Materials For New Shed 10048 $1,615.19 Roy's Repair Service Vehicle Repairs&Service 10049 $1,610.00 Macro Corporation Project Management Services-Implementation Of District's New Radio System 10050 $1,535.87 Tadco Supply Janitorial Supplies 10051 $1,525.00 Newton Chan Web Consultant-Site Maintenance&Development Of New Features Page t of 3 1 i Claims No. 09-07 Meeting 09-10 Date 4/8/09 Midpeninsula Regional Open Space District # Amount Name Description 10052 $1,485.00 Cupertino Medical Group Employee Medical Services-Pre-Employment Physicals 10053 $1,399.61 02 Marketing&Design District Uniform&Ball Cap Patches 10054 $1,136.64 R.E. Borrmann's Steel Company Supplies For Permanent Bench At SFO Shop/Steel Tube& Strap For Water Tank Frame 10055 $1,103.50 Hoge, Fenton,Jones&Appel Legal Services-Chiocchi Litigation 10056 $1,010.00 All Temp Refrigeration HVAC Repair-FFO 10057 $996.14 Dek-Ing Materials For Restoring Chicken Coup At SFO 10058 $900.00 Aaron's Septic Tank Service Pumping Services-Windy Hill, Russian Ridge&Skyline Ridge 10059 $800.00 Sterling Underground Construction Monitor And Service Septic Tanks-Rancho San Antonio&FFO 10060 $780.09 Firestone Complete Auto Care Tires 10061 $773.20 San Francisco Bay Bird Observatory Nest Surveys At Monte Bello Burn Area 10062 $770.00 Lund, Pearson, McLaughlin Fire Performance Test For Sprinkler System Protection System 10063 $574.79 Safety Kleen Solvent Tank Service&Supplies-SFO&FFO 10064 $559.52 Cupertino Bike Shop Patrol Bike Repairs 10065 $547.16 United Site Services Sanitation Services-Sierra Azul&Fremont Older 10066 $540.03 Metro Mobile Communications Radio Repairs 10067 $507.50 Jobs Available Recruitment Ad-Planning Technician/Training&Safety Coordinator 10068 $495.46 Hsieh,Benny Reimbursement-Server Hard Drives For FFO 10069 $480.00 Lance Bayer Legal Services 10070 $466.28 Hugg,Tina Reimbursement-GIS Training Expenses&American Society Of Landscape Architects Membership Dues 10071 $463.46 Coastal Tractor Utility Vehicle Repair 10072 $460.00 Green Waste Garbage Service-SFO 10073 $445.98 Roessler,Cindy Reimbursement-Rental Residence&Grazing Expenses 10074 $431.70 Sommer, Sandy Reimbursement-Association Of Environmental Professionals Conference Expenses&Mileage 10075 $364.39 Guy Plumbing&Heating Garbage Disposal-AO 10076 $350.01 CMK Automotive Vehicle Maintenance&Repairs 10077 $329,12 Miller, Ken Reimbursement-Uniform Expense&EMT Recertification 10078 $327.74 AT&T Voicemail Service-AO/Long Distance-AO/Fax Service-FFO /Alarm Service-FFO 10079 $316.50 ID Plus Name Tags 10080 $309.12 Rural Supply Hardware T-Posts For Fencing Project At El Sereno 10081 $305.97 Silacci's Feed Barn Field Supplies-2 Gates&Barbless Barb Wire 10082 $305.00 '1 Le's Alterations Uniform Expenses-Change Patch To New Logo On Uniforms 10083 $300.37 Cabela's Uniform Expenses 10084 $300.00 Rachel Demitrios Revisions To Electronic Incident Report Form 10085 $283.07 Sanguinetti, David Reimbursement-Uniform Expense 10086 $274.49 Goodco Press Printing Services-Warning Notices 10087 $270.20 Rich Voss Trucking Rock Delivery For Portola Heights Parking Lot Repairs 10088 $257.95 Pine Cone Lumber Field Supplies 10089 $248,00 American Red Cross CPR&Emergency Response Certificates 10090 $244.10 The Workingman's Emporium Uniform Expenses 10091 $242.63 Monster Mechanical HVAC Service-AO 10092 $232.21 Stevens Creek Quarry Rock For Portola Heights Parking Lot Repairs 10093 $224,07 Cartridge World Printer Supplies 10094 $219.75 Interstate Traffic Control Products Field Supplies-Stop&Slow Signs 10095 $209.82 Aramark Medical Bags 10096 $201.05 Brim Tractor Company Safety Decals For Tractors 10097 $200.00 Smith,Jeff Reimbursement-EMT Recertification Class Page 2 of 3 Claims No. 09-07 Meeting 09-10 Date 4/8/09 Midpeninsula Regional Open Space District # Amount Name Description 10098 $188.10 National Fire Fighter Corporation Poison Oak Soap 10099 $187.71 Lenington,Kirk Reimbursement-Mileage 10100 $185.66 Peterson Tractor Tractor Supplies 10101 $184.12 Madsen's Shop&Supply Uniform Expenses 10102 $182.65 Gou,Vicky Reimbursement-Digital Storytelling Workshop Expenses 10103 $177.88 Grainger Field Supplies 10104 $165.47 Los Altos Garbage Company Garbage Service-AO 10105 $165.21 Great Printing&Copies Printing Services-Teague Hill Maps 10106 $163.84 McKowan, Paul Reimbursement-Volunteer Supplies&Mileage 10107 $156.60 California Water Service Company Water Service-AO&Windy Hill 10108 $156.54 Parry, Rick Reimbursement-Trailbuilder Conference Expenses 10109 $150.36 Allied Waste Services Garbage Service-Hosking Barn 10110 $149.63 Gorman,Michael Reimbursement-Trailbuilder Conference Expenses 10111 $144.56 Forestry Suppliers Uniform Expense&Field Supply 10112 $140.00 Costco Annual Membership Dues 10113 $139.34 Foster Brothers Lock&Key Services 10114 $130,58 Paterson, Loro Reimbursement-Uniform Expenses 10115 $123.20 Andersen,Julie Reimbursement-Mileage 10116 $122.39 Del Rey Building Maintenance Janitorial Supplies-AO 10117 $119.00 Coastal Sierra Internet Service-SFO 10118 $118.63 Verizon Cellular Phone Service 10119 $118.23 Duong,Anna Reimbursement-CSDA Board Secretary Training Expenses 10120 $99.31 Mort,Jim Reimbursement-Battery For Maintenance Truck 10121 $98.52 McKibbin, Brennon Reimbursement-Trailbuilder Conference Expenses 10122 $96.70 Hapke,Alexander Reimbursement-California Parks Conference Expenses 10123 $85.00 Hammond,Tracy Reimbursement-Uniform Expense 10124 $83.66 Cleve,Casey Reimbursement-Mileage 10125 $83.35 Mountain View Garden Center Landscaping Supplies 10126 $78.00 Pacific Telemanagement Services Pay Phone-Black Mountain 10127 $78.00 G&K Services Shop Towel Service 10128 $69.00 Terminix Pest Control-AO 10129 $60.00 Macke Water Systems Water Dispenser Rental-Two Months 10130 $58.98 FedEx Shipping Charges 10131 $53.55 Life Assist First Aid Supplies 10132 $48.50 San Jose Mercury News Quarterly Subscription 10133 $47.41 Fair, Brian Reimbursement-Uniform Expenses 10134 $46.64 Cook, Peter Reimbursement-California Parks Conference Expenses 10135 $43.00 Allen's Press Clipping Bureau Clipping Service 10136 $41.01 Pringle Tractor Company Tractor Supplies 10137 $32.46 Reed,Steve Reimbursement-Uniform Expenses 10138 $30.91 Department Of Motor Vehicles Vehicle Code Books 10139 $25.00 County Of San Mateo Public Health Tick Testing Laboratory 10140 $15.05 Verizon Business Long Distance Fax Service-SFO Total $404,684.96 '1 Urgent Check Issued 4/1/09 Page 3 of 3 r Midpeninsula Regional ' Open Space District r R-09-53 Meeting 09-10 April 8, 2009 AGENDA ITEM 3 AGENDA ITEM Appointment of Maze & Associates as the District's Auditor for FY2008-09 CONTROLLER'S RECOMMENDATION Appoint Maze & Associates as the District's auditor for FY2008-09 and authorize the General Manager to execute an engagement letter agreement in the amount of$23,774. DISCUSSION Last year, the District entered into a three-year agreement with Maze & Associates to serve as the District's auditor. In the first year of their contract, Maze & Associates services were considered excellent for the District's FY2007-08 year-end audit. Staff recommends the District continue to retain Maze & Associates for the FY2008-09 year-end audit, which will commence in May 2009. By prior agreement, Maze & Associates' audit fee for FY2008-09 will be $23,774, up $914, or four-percent (4%), from last year. FISCAL IMPACT There will be no fiscal impact as the fee amount stated above was approved as part of the Administration Department's FY2009-10 budget. PUBLIC NOTICE Notice was provided pursuant to the Brown Act. No additional notice is necessary. CEQA COMPLIANCE No compliance is required as this action is not a project under CEQA. R-09-10 Page 2 NEXT STEPS If approved by the Board, staff will contact Maze &Associates to request an engagement letter and will set up a purchase order to retain their audit services. Prepared by: Mike Foster, Controller Contact person: Same as above ti Mid peninsula Regional Open Space District R-09-37 Meeting 09-10 April 8, 2009 AGENDA ITEM 4 AGENDA ITEM Authorization to Purchase Four (4) New Ranger Patrol Vehicles at a Total Cost Not to Exceed $170,000. GENERAL MANAGER'S RECOMMENDATION Authorize the General Manager to execute a vehicle contract with the State of California Department of General Services to purchase four(4) new ranger patrol vehicles at a total cost not to exceed $170,000. DISCUSSION The FY2009-1 0 capital equipment budget, based on Operations five-year Capitol Equipment Schedule, provides for the replacement of four (4) ranger patrol vehicles this year. The District has the ability to purchase vehicles through the State of California Department of General Services (DGS) contract with vehicle manufacturers. Purchasing patrol vehicles through DGS provides a significant cost saving estimated to be $5,000 per vehicle, and greatly reduces the amount of staff time needed if the District were to conduct a separate bid process by itself. Purchase orders for vehicles acquired through DGS must be placed prior to the vehicle manufacturer's cut-off dates in early 2009. The cutoff dates usually occur in late May. Three of the new patrol vehicles will replace current patrol vehicles that have reached, or are approaching, the 70,000-mile mark recommended for retirement of emergency response vehicles. These retired patrol vehicles will be reassigned to field maintenance staff. The retired patrol vehicles will replace maintenance vehicles that have approximately 100,000 miles, which will be sold at public auction. The fourth new patrol vehicle will replace a Jeep Cherokee SUV, which has 86,000-miles on it, is currently assigned to the Operations Manager. This new patrol vehicle will be appropriately equipped and reassigned to resource management staff working out of the Administrative office. The funding for the purchase of these four vehicles was included in the FY2009-10 budget (Report #R-09-45), which was adopted by the Board at the March 25, 2009 regular meeting. R-09-10 Page 2 FISCAL IMPACT This purchase will not result in a budget increase. The FY2009-10 budget includes $170,000 for the purchase of four new ranger patrol vehicles. PUBLIC NOTICE Public notice was provided as required by the Brown Act. No additional notice is required. CEQA COMPLIANCE No environmental review is required as the recommended action is not a project under CEQA. NEXT STEPS If approved by the Board, staff will prepare a purchase order for the four new patrol vehicles utilizing the State of California Department of General Services vehicle contract. Prepared by: David Topley, Support Services Supervisor Contact person: Same as above 5 Midpeninsula Regional Open Space District R-09-3 5 Meeting 09-10 April 8, 2009 AGENDA ITEM 5 AGENDA ITEM Approval of the Defensible Space (Fire Clearance) Permit Syste Pro a GENERAL MANAGER'S RECOMMENDATIONS 1. Approve the Defensible Space Permit System Administrative Guidelines to allow neighboring property owners, their contractors, and/or tenants to perform fire clearance work on District land to increase defensible space around occupied structures and reduce vegetative fuel loading. 2. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set out in this report. DISCUSSION In December 2008, the Draft Wildland Fire Management Policy was presented to the Board of Directors for review and comments. Section 18.3 of the Draft Policy identifies the following action item; "Establish a permit system to enable adjacent landowners to maintain all or a portion of legally required or recommended fire clearance around occupied structures across property boundaries onto District land consistent with the District's resource management policies, including protection of environmentally sensitive habitat." In response, staff has developed a permit system that would allow neighboring property owners, their contractors, and/or tenants to perform work on District land to increase defensible space around occupied structures and reduce wildland fire fuel loading. With this program, the District seeks to strengthen relationships with neighboring property owners while achieving the mutually beneficial goal of reducing accumulated fuels and increasing defensible space along preserve boundaries. Reduction of fuel loading will help landowners better protect their structures during a wildfire event and help reduce the potential of a fire spreading between neighboring property and District preserves. The Defensible Space Permit System Program (Program) would be implemented according to the Administrative Guidelines attached to this report (see Attachment A) and jointly administered by staff from both the Planning and Operations Departments. The Administrative R-09-35 Page 2 Guidelines establish the administrative process that staff would use to solicit permit requests, review applications, and approve applications for permits. Several key provisions of the Program are presented here (see Attachment A for the full list): Key Program Provisions: • Applicants must include a written recommendation from a local fire agency or qualified fire management professional with their application materials. Fuels reduction and vegetation removal will be limited to within 100 feet of occupied structures unless the written recommendation includes additional fuels reduction activities beyond 100 feet. • Property owners must demonstrate that they will implement the required defensible space clearance established by California Public Resources Code 4291 (PRC 4291) across their own property either prior to completing work on District property, or in conjunction with the clearing of vegetation on District property. PRC 4291 establishes a requirement of property owners within "Very High Fire Hazard Zones" to install and maintain defensible space of at least 100 feet from each side of the structure, or within the property boundary, whichever comes first. The District's Defensible Space Permit System Program is available to all property owners regardless of their property's Fire Hazard Zone category. • District staff will conduct a site inspection visit of the area where fuel reduction actions are being requested. Each proposed project will be subject to District environmental review prior to issuance of a permit. No work will be allowed in environmentally sensitive areas as determined by the District. Program Implementation During the preparation of the Program, District staff contacted staff from the National Park Service, Bureau of Land Management, and Marin County Open Space District to discuss implementation of similar agency programs particularly the level of public response, and associated implementation workload. District staff learned that the response level was highly variable, as is expected given the different land holding acreage of each agency and the varying adjacent building densities. None of the agency staff contacted indicated that the level of public response to their programs created an overwhelming workload. However, all those contacted from the above agencies advised the District to phase implementation of the new Program to prevent District staff from becoming overwhelmed by a large initial response. It is important to minimize impacts to staff time using this approach as no additional staff will be added this fiscal year to administer the Program. Annual District expenses for operating the Program will largely include staff time to perform the following tasks: 1. Prepare outreach notices, administer mailings, and post notices; 2. Review and process applications; 3. Conduct field visits to record site conditions and review the proposed work; 4. Issue permits; 5. Conduct post project inspections. R-09-35 Page 3 Applicant participating in the program will be required to pay for: 1. Review of potential environmental impacts (e.g. biological and cultural resource surveys) 2. Actual creation of defensible space (e.g. brushing, pruning, mowing, and chipping). To encourage participation in the Program, no application fee will be charged to applicants during the first year of implementation. After the first year, the Program will be re-evaluated to determine if an application fee will be needed to offset any District costs associated with the Program. The typical small-scale review time for a single application is expected to require 24 to 40 hours of staff time. For larger, more complex projects, review time will depend on the size, location, type of work, projects partners, and level of environmental review. Impacts to staff are expected to be greatest during the initial application review required to create the new defensible space program. As applicants apply for subsequent permits or enter into multi-year agreements to maintain these defensible spaces, application review time should decrease. FISCAL IMPACT Implementation of the program will not result in an increase in the FY2009-10 budget. The primary fiscal impact of the Defensible Space Permit System Program will be the expenditure of budgeted staff time, primarily from the Operations and Planning Departments (see Program Implementation). PUBLIC NOTICE Notices were sent to the interested parties and attendees of the District's Draft Wildland Fire Management Policy development process, which includes all fire agencies with jurisdiction within District boundaries. The initial outreach to neighboring property owners for the Defensible Space Permit System Program will be sent if this program is approved by the Board and will target neighbors within the Very High Fire Hazard Zones that are adjacent to the District's Pichetti Ranch, Fremont Older, El Sereno, and Sierra Azul Open Space Preserves. The initial outreach will also include neighbors of Rancho San Antonio Open Space Preserve. Although these property owners are located within a High Fire Hazard Zone, as opposed to a Very High Fire Hazard Zone, they will be included in view of a partnership opportunity with the Los Altos Hills Fire District(Fire District), which is interested in implementing a fuels modification program in this area. The Fire District would like to provide funding to implement fuels modification projects on both private property and District lands along the northern and eastern boundaries of this Preserve. Staff will return to the Board with this project proposal once the exact scope and scale of this project is determined. Staff will evaluate the level of public response from the initial outreach effort and subsequent workload demands created by the Program prior to extending public outreach and mailing additional notices to neighboring property owners across the remainder of the District. If interest in the Program and associated workload demands are low, then staff anticipates mailing notices to the remaining affected parcels in the spring of 2010. I R-09-35 Page 4 CEQA COMPLIANCE This project consists of the creation of a Defensible Space Permit System Program (Program) to allow qualifying adjacent property owners to receive a permit from the District to access District lands for the purpose of modifying vegetation in conformance with the Program's Administrative Guidelines. District staff will review all Program applications to ensure that projects are consistent with the Administrative Guidelines and that the proposed fuels reduction and vegetation removal will not result in a significant impact to the environment. If during review, an individual project is determined to have a potentially significant effect on the environment, then the appropriate environmental review under CEQA, taking into account all site specific information on affected resources, will be completed prior to issuance of a permit. The District concludes that the general actions authorized under the Program will not have a significant effect on the environment. It is categorically exempt from the California Environmental Quality Act (CEQA) under section 15304 of the CEQA Guidelines as follows: Section 15304 exempts minor public or private alterations in the condition of land, water, and/or vegetation, which do not involve removal of mature, scenic trees except for forestry and agricultural purposes. This project applies under Section 15304 because the recommended actions will involve only minor alteration to land and vegetation and will not impact an environmental resource. NEXT STEPS If approved by the Board, staff will prepare and distribute a notice to landowners adjacent to the District's Pichetti Ranch, Fremont Older, El Sereno, Rancho San Antonio and Sierra Azul Open Space Preserves. This notice will include information on the District's new Defensible Space Permit System Program, including instructions for completing an application. Attachment: 1. Midpeninsula Regional Open Space District Defensible Space Permit System Program, Administrative Guidelines Prepared by: Julie Andersen, Resource Planner I Kirk Ienin9 ton, Senior Resource Planner Contact person: Julie Andersen, Resource Planner I ATTACHMENT 1: MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Defensible Space Permit System Program Administrative Guidelines The Mission of the Midpeninsula Regional Open Space District 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. Introduction The Midpeninsula Regional Open Space District (District) was created through the efforts of local conservationists who were successful in placing a voter initiative on the ballot in 1972. The District acquires land and operates and maintains a system of public open space preserves, trails, and other facilities for public use, education, and enjoyment. The District's 26 open space preserves range in size from 55 to over 17,000 acres. The open space preserves are managed in a natural condition in order to protect the environment and wildlife habitat and to provide public access for low-intensity recreation. The diverse ecosystems on the preserves include redwood, oak and fir forests, chaparral-covered hillsides, riparian corridors, meadows, grasslands, coastal landscapes, and shoreline frontage along San Francisco Bay. Resource stewardship on District lands is a responsibility that requires an understanding of the natural environment and processes affecting the land. One of these processes is wildland fire. Fire is a natural occurrence on the landscape, and we must find ways to live safely with fire. In many locations, District preserves border privately-owned lands. Managing and reducing vegetation along these boundaries will help adjacent landowners better protect their homes in the event of a wildland fire. Background "Defensible space" as defined by California Government Code is the area adjacent to a structure or dwelling where wildfire prevention or protection practices are implemented to provide defense from an approaching wildfire or to minimize the spread of a structure to wildlands or surrounding areas. California Government Code Section 51182 requires private property owners in areas designated as very high fire hazard severity zones to maintain defensible space of at least 100 feet from all sides of an occupied structure, or within the property boundary, whichever comes first. Local regulations can require defensible space be extended beyond property lines when necessary to protect occupied structures, subject to written consent of the adjacent landowner. Some private structures are located less than 100 feet from District property lines. The District actively coordinates with fire agencies and communities on fire planning efforts. Partnerships with neighboring property owners can promote public health and safety, protect natural resources, and reduce the impacts of wildland fire. In striving to develop and strengthen partnerships with neighboring property owners, the District is introducing a Defensible Space Permit System Program (Program) that enables District neighbors to better protect their homes and other occupied structures from wildland fire. The Program allows applicants to perform work on District property around homes and other occupied structures (generally within 100 feet) to increase their defensible space. Purpose The Program will enable District neighbors who are issued a permit to create defensible space by reducing vegetation around their homes and other occupied structures. Goals of the Program include: (1) promoting public health and safety, (2) protecting natural resources, (3) forging partnerships with neighboring property owners, (4) coordinating with local fire agencies, and (5) reducing the impacts of wildland fire on District lands and adjacent private property. 1 of 4 Administrative Guidelines The following Guidelines will assist District staff in reviewing Program permit applications and will aid in determining if a permit for fuels reduction and vegetation removal projects will be granted to an applicant. The Guidelines set forth will be used to administer the Program for a period of one year, upon which time, any needed revisions will be brought before the board to approve continuation of the program. 1. Prior to issuance of a permit, property surrounding occupied structure(s) must be compliant with California Public Resources Code 4291 and California Government Code Section 51182, which require defensible space of at least 100 feet from each side of the structure, or within the property boundary, whichever comes first. However, applicants who demonstrate that clearing of their property is part of a single work plan in conjunction with clearing on District property will also be considered. Applicants who have already met defensible space requirement on their own property will be granted priority review over other applicants. All applicants will be asked to provide a copy of their fire hazard inspection (obtained through their local fire agency, or approved FireSafe Council fire contractor) prior to District issuance of a permit documenting compliance. 2. Fuels reduction and vegetation removal will generally be limited to within 100 feet of occupied structures. 3. If greater than 100 feet of defensible space from occupied structures is requested, applicants must provide the written recommendation of a local fire agency or qualified fire management professional identifying the additional fuels reduction activities (due to site specific factors such as slope and density) recommended to occur on District land. 4. Any and all costs associated with fuels reduction and vegetation removal activities will be the responsibility of the applicant. 5. Each proposed project will be subject to District environmental review. Any additional environmental review required by local, state, or federal environmental regulations will be at the cost of the applicant. 6. Access to the work site shall be through the applicant's property unless otherwise approved. 7. Only the following may be removed: live trees less than 6 inches in diameter (measured at 4.5 feet above ground level), dead trees less than 8 inches in diameter, and shrubs less than 4 inches in diameter (measured at I foot above the base of the shrub). Exceptions for larger dead or diseased trees that may pose a fire or safety hazard will be considered. 8. Removal of non-native vegetation shall take priority over removal of native vegetation when reviewing proposed work plans. 9. Depending on fuels conditions at the site, the applicant may be required to enter into a multi- year stewardship agreement with the District to maintain that portion of District property for which work is proposed at the applicant's sole cost. 10. The applicant may be asked to post or provide a notice to neighbors and adjacent property owners prior to issuance of a permit. 11. If a contractor will be used to complete the work, the contractor must maintain any license required by law to perform the work. In some instances a licensed landscape contractor, timber operator, arborist, forester or other licensed professional may be required. 12. The applicant and their contractor must have general liability insurance at coverage levels acceptable to the District. 13. The District will evaluate applications for their consistency with these Guidelines and the District's resource management policies and practices; some applications will require modifications and in some cases may be denied. 2 of 4 14. Removed material may not be sold, bartered, exchanged, traded or otherwise used for commercial purposes by the applicant or their contractor(s). 15. All debris must be removed from District property, or chipped and left onsite at the property from which it was removed. If the work area includes known or suspected Sudden Oak Death (SOD) infected vegetation, any removal must be approved by the District and be consistent with the District SOD protocols. 16. No burning of material will be allowed on District property. 17. No work will be allowed in environmentally sensitive areas as determined by the District. This may include habitat for any species of concern, erosion or sediment prone areas, water bodies, or other areas that have the potential for a significant environmental impact. 18. If a recipient is unable or fails to adhere to the permit conditions, the District will terminate the permit and will determine the appropriate action needed to restore or repair the area to the satisfaction of the District. The applicant will be solely responsible for all costs of restoration. 19. Other stipulations and requirements may be identified I n the permit, such as access restrictions, seasonal work restrictions, tree diameter exceptions (in the event of disease or safety concerns), wildlife habitat needs, and other Best Management Practices to ensure environmental protection and to avoid any significant environmental impact as a result of the work (such as measures to avoid the spread of SOD, protect water quality, or to avoid impact to any species of concern). 20. A variance from the Guidelines may be approved by the General Manager on a case by case basis upon the recommendation of District staff in the event of special circumstances applicable to the particular facts and circumstances of the property involved and provided the work will be consistent with the goals and purposes of the Program and will not result in adverse environmental impact. Implementation Process Permit Eligibility- Who Can Apply Adjacent property owners, tenants, homeowners associations, educational institutions, civic groups and other organizations are eligible to submit applications under the Program to propose fuels reduction and vegetation removal on District preserves adjacent to private property in order to increase defensible space around homes and other occupied structures. Qualifying Applications Applications will not be considered and will be returned to the applicant if they: 1. Are incomplete. 2. Do not provide a fire hazard inspection notice documenting that the applicant is in compliance with defensible space requirements or do not provide a recommended fuels treatment for the property and adjacent District land that is prepared by a qualified fire professional or local fire agency. 3. Support commercial use of removed material by applicant or their contractor. 4. Support private property improvements inconsistent with defensible space and fuels reduction, or that impedes compliance within private property boundaries. 5. Exceed fuels reduction requirements or other appropriate local agency requirements (CalFire, local fire agency, or Firesafe Council) or are inconsistent with the applicant's submitted fuels reduction recommendations. 3 of 4 Evaluation Process District staff responsible for resource management will evaluate applications according to the following criteria: 1. Proposed project aligns with the District's mission and the goals of the Program. 2. Proposed project is consistent with defensible space requirements as recommended by a qualified fire professional from the State of California (CalFire), other applicable agency (local fire agencies), or an applicable agency- approved FireSafe Council or contractor. 3. Proposed project includes a clear, concise work plan, consisting of a project timeline, project map, explanation of the types and quantities of vegetation to be removed or modified, the expected outcome of the project, and a follow-up schedule to maintain the defensible space zone on District property. 4. Proposed project does not conflict with District resource protection policies and goals (including but not limited to protection of cultural resources, sensitive species, water resources, habitat, reduction of forest disease, removal of exotic species, and erosion control). Application Process Interested persons must complete a Program permit application form and submit it to the District for review. Instructions for completion are included on the application form. If needed, applicants may call the District at(650) 691-1200 with questions when completing the permit application. Permit Approval Process Permit approval will follow the steps identified below: 1. District receives a completed application. 2. District staff reviews the application and identifies environmental factors within or adjacent to the proposed work area (such as sensitive species or habitats, cultural resources, soil conditions, and hazardous materials). 3. Applicant is contacted to arrange for a site visit. 4. District staff will assess the area to determine if there are any other environmental factors to be evaluated. 5. District directs revision of proposed work plan as needed. 6. Upon final review and approval, a permit will be issued. Once issued, the permit is a contractual agreement between the District and the applicant. General Program requirements as well as project specific conditions will be included with the permit Post Project Site Inspection As needed, a post project site inspection will be completed to determine if the project has been conducted in compliance with all of the terms and conditions of the permit. Noncompliance with any permit condition can result in denial of future permit requests and/or an assessment for any damages or costs incurred by the District as a result of noncompliance. 4of4 Mid peninsula Regional ' Open Space District r � R-09-34 Meeting 09-10 April $, 2009 AGENDA ITEM 6 AGENDA ITEM Authorization to Amend the Contract with Vollmar Consulting to Conduct Second Year Pond Monitoring in the Former Wool Ranch Area of La Honda Creek Open Space Preserve and Determine the Recommended Actions are Exempt from California Environmental Quality Act GENERAL MANAGER'S RECOMMENDATIONS 1. Authorize the General Manager to amend the contract with Vollmar Consulting for an additional $20,000, for a total contract amount not to exceed $70,000, to conduct a second year of pond monitoring at the former Wool Ranch Area of La Honda Creek Open Space Preserve. 2. Determine that the recommended actions are categorically t from the California g Y exempt Environmental Quality Act CE A as set out in this report. Q Y ( Q ) p DISCUSSION In January 2006, the District contracted with Seymour and Associates to conduct a District-wide reptile and amphibian study. The 2006 study identified the management of the former Wool Ranch area of La Honda Creek Open Space Preserve as a priority because of the large number and high quality of ponds providing habitat for sensitive species. The 2006 study found California red-legged frog (Rana draytonii), which is a species listed as threatened under the Federal Endangered Species Act, within nine (9) of the ponds at the former Wool Ranch area and described the site as the center of a regional meta-population of California red-legged frogs. A meta-population is defined as multiple populations within an area that are interconnected by genetics or by colonization patterns. Because each pond has a population of frogs with available year-round habitat and is in close proximity to other ponds, this site is highly resistant to population variations and pressures that put rare species at risk in other similar yet isolated habitats (such as a stand alone single pond). Accordingly, the 2006 study emphasized the need to manage these ponds as a cohesive unit to preserve this collective, rare resource and protect the integrity of this unique California red-legged frog meta-population. R-09-34 Page 2 On December 12, 2007, the Board of Directors authorized a contract with Vollmar Consulting for $50,000 to develop a pond management plan for this site (see Report R-07-124). This plan was recently completed. The Vollmar Consulting team consisted of biologists, hydrologists, and an engineer who assessed the pond bathymetry, hydrology, water quality, vegetation, disturbance, presence of aquatic species, and the general condition of water control structures (earthen dams, and if present, spillways and drain pipes). Data from these field surveys were used to draft the Former Wool Ranch Pond Management Plan discussed below. Former Wool Ranch Pond Management Plan The Wool Ranch and complex consists of 12 stock ponds. Any and in the complex is within one half mile of at least one other pond in the complex (see Attachment A). Surveys conducted in 2008 by the Vollmar team to support development of the pond management plan indicated the presence of California red-legged frog in I I of the 12 ponds. However, only five (5) of the I I ponds appeared to support breeding by California red-legged frogs as evidenced by the presence of egg masses. Although egg masses indicate successful breeding, eggs must hatch and tadpoles need to develop into adult frogs that must successfully mate to maintain the overall health of the species population. While individual adults may successfully breed, other factors can cause a decline in species population such as predation, poor water quality, temperature, disease, and the drying of ponds before eggs can successfully hatch. Six (6) of the ponds were also surveyed for San Francisco garter snake (Thamnophis sirialis tetrataenia), which is a species listed as endangered under both the Federal and State Endangered Species Acts. Although no San Francisco garter snakes were detected, the consulting team identified the area as quality habitat and an excellent site for the future introduction or reintroduction of the species. A future decision to introduce or re-introduce the San Francisco garter snake will depend on the District's ability maintain or even increase the California red-legged frog population since it is considered the primary source of food for the San Francisco garter snake. All of the ponds in the study area were created by previous landowners and ranchers to provide water for livestock. In general, the ponds were constructed by placing excavated soils within an existing drainage to build an earthen dam. The ponds were maintained by ranchers as needed; no engineers or geologists were involved in the building or maintenance of the dams. In the event of a dam breach or failure, the pond was simply rebuilt through additional excavation and replacement of soils. The Former Wool Ranch Pond Management Plan discusses this use history and finds that many of the ponds are at the end of their useful life. The assessments conducted by the Vollmar team indicate that several ponds will require immediate repair and maintenance to ensure their continued viability within the pond complex. Second Year Monitoring at Former Wool Ranch Under the guidance of Vollmar Consulting, District staff began initial work to support the second year of monitoring for California red-legged frog egg masses in February and March of 2009. Egg masses were again observed in five (5) of the ponds. The requested contract amendment would fund dip net Surveys of all the ponds in May/early June 2009 to determine if egg masses R-09-34 Page 3 observed during the February and March visits are surviving into the larval stage. Only a permitted biologist can conduct these additional surveys, which Vollmar Consulting would provide. During this fieldwork, District staff and Vollmar Consulting would also note if seasonal water levels at each of the ponds can support successful year-round California red-legged frog breeding and development. Continued monitoring of the former Wool Ranch pond complex would allow District staff to develop a complete baseline data set that can be used in the future to support permitting, partnership, and funding requests with the U.S. Fish and Wildlife Service and the California Department of Fish and Game to facilitate the implementation of pond and species enhancement projects for both the California red-legged frog and San Francisco garter snake. Continued pond monitoring would also alert staff to potential habitat issues or threats, including pond failures. During the 2008 surveys, it was noted that the dam at Pond DR06 could be leaking, which would explain why this breeding pond was drying LIP prematurely which prevented the successful reproduction of California red-legged frog. During second year monitoring surveys in February 2009, Vollmar Consulting observed water flowing directly through an area near the top of the dam, causing erosion of the dam face. The resulting erosion had not been observed during the 2008 site visit, indicating further deterioration of the dam and the growing possibility of dam and pond failure. District staff responded immediately to stop the leak and prevent further dam failure by manually digging sediment out of the spillway channel to a depth lower than the leakage point (estimated at between 1-2 feet below the top of the dam). The leak was then covered by a tarp held in place by sandbags piled behind the dam. Notification of the emergency work was made to both the California Department of Fish and Game, and the U.S. Fish and Wildlife Service. No comments or concerns from either agency were received. District staff will soon begin to design the permanent repair solution and expect to complete the full repair prior to the onset of the 2009 winter rains. FISCAL IMPACT The Planning Department budget for FY2009-10 includes $30,000 to complete the remaining second year monitoring tasks for the project. Of this amount, $20,000 would be allocated to fund the recommended contract amendment with Vollmar Consulting. Implementation of the recommended actions contained in the Former Wool Ranch Pond Management Plan will require consultation with the California Department of Fish and Game (CDFG) and the U.S. Fish and Wildlife Service (USFWS). The issuance of permits to complete this work is an anticipated outcome of those discussions. District staff will begin the consultation process this summer. Because of the leak at Pond DR06, repair of this dam has been identified as a time-sensitive, priority project. The high quality habitat and abundance of target species on the site elevates the urgency to implement the recommended management actions for recovery of both California red-legged frog and San Francisco garter snake. Staff will seek financial assistance from the CDFG and USFWS through a partnership agreement to plan, permit, and implement the recommended management actions. PUBLIC NOTICE Public notice was provided as required by the Brown Act. No additional notice is required. R-09-34 Page 4 CEQA COMPLIANCE This project consists of the continuation of pond monitoring for sensitive aquatic reptile and amphibian species on District lands. The District concludes that the continuation of pond monitoring for sensitive aquatic reptile and amphibian species as authorized under the recommended contract amendment will not have a significant effect on the environment. It is categorically exempt from the California Environmental Quality Act (CEQA) under section 15306 of the CEQA Guidelines as follows: Section 15306 exempts basic data collection, research, experimental management, and resource evaluation activities that do not result in major disturbances to an environmental resource. This project applies under Section 15306 because the assessment involves only basic data collection and resource evaluation activities that do not impact an environmental resource. The emergency dam repair of Pond DR06 conducted in early March to prevent dam failure and loss of pond habitat was determined to be statutorily exempt under Public Resources Code 21080(b)(4), which exempts "actions necessary to prevent or mitigate an emergency." NEXT STEPS If the contract amendment is approved by the Board, staff will work with Vollmar Consulting to complete the second year monitoring tasks at the Former Wool Ranch Pond area in May/June 2009 and update the monitoring protocols and forms. The emergency dam repairs implemented for Pond DR06 are only temporary. Permanent repairs should be implemented prior to the 2009 winter rains. Because the leaking dam at Pond DR06 was not anticipated and more information is needed to estimate the design and repair costs, staff may need to return to the Board later this year to request a mid-year budget adjustment for this high priority project. Attachment: 1. Map of Former Wool Ranch Ponds Prepared by: Kirk Lenington, Senior Resource Planner Julie Andersen, Resource Planner I Contact person: Julie Andersen, Resource Planner I Graphics prepared by: Galli Basson, Planning Intern Attachment 1 . Former Wool Ranch Ponds La Honda Creek Open Space Preserve Djerassi : Resident Artists . e.4 , DR10 p � DR �y 14 y. DRO P , y.N • T t�+ ° � sn p El Corte de -P Madera OS Poe Former Wool 3 s.y Ranch Area La Honda Creek OSP f .j.; ! ozs o 2s Produced by Midpeninsula Regional Open Space District, March 2009 0 r M iles I s ' Midpeninsula Regional Open Space District R-09-44 Meeting 09-10 April 8, 2009 AGENDA ITEM 7 AGENDA ITEM Approval of Resolution Authorizing District Access to State and Federal Criminal history Information for Employment and Volunteer Background Checks. GENERAL MANAGER'S RECOMMENDATION Adopt Resolution to Authorize District Access to State and Federal Criminal History Information for Employment and Volunteer Background Checks. DISCUSSION Currently, all District employment candidates and potential volunteers are required to undergo a criminal history check through an electronic digital fingerprint program called LiveScan. The purpose of this criminal history check is to determine if a prospective employee or volunteer has been convicted of a crime that would impair or conflict with their ability to carryout the duties and responsibilities of the position. LiveScan is also used by the District to verify information on an employment or volunteer application regarding the disclosure or non-disclosure of a misdemeanor or felony conviction. Under State law, the District is only authorized to check criminal history records of employment candidates and potential volunteers within the state of California (excluding ranger applicants who are required by state law to undergo a mandatory nation-wide check). There is another level referred to as "FBI" that allows public employers to conduct both a state and federal criminal history check. However, at this time, the District is not authorized to access federal criminal records until the Board submits an adopted resolution to the California Department of Justice (DOJ) requesting permission to access these records. Staff recently learned of this requirement to submit an adopted resolution by the governing board in order to access federal criminal records during a training session held for District staff in February 2009 by the Santa Clara County Director of Fingerprint Identification. In response to an external complaint in 2002, the Santa Clara County Civil Grand Jury investigated and subsequently recommended that the FBI level check be implemented by all county agencies which conduct employment and volunteer background checks. Staff believes ICI R-09-44 Page 2 the Grand Jury findings are relevant to the District and should be considered for District implementation. Approving the proposed resolution will allow the District to access criminal history records at both the state and federal levels to better evaluate the suitability of candidates for both District employment and volunteer work candidates regarding criminal convictions both inside and outside the state of California. In general, implementation of this recommendation will provide an increased layer of security for both staff, volunteers and the public served by the District. FISCAL IMPACT If adopted by the Board, the cost for fingerprinting volunteers will increase from $10 to $35, and for employment candidates (non-Peace Officer) the cost will increase from $52 to $67. The budget impact Could vary depending on the number of criminal history checks conducted by staff next fiscal year for employment and volunteer purposes, which is unknown at this time. If the increased cost of fingerprinting impacts the FY2009-1 0 budget, staff will prepare a mid-year budget adjustment for Board review and consideration. PUBLIC NOTICE Public notice was provided as required by the Brown Act. No additional notice is required. CEQA COMPLIANCE This proposed action is not a project under the California Environmental Quality Act and no environmental review is required. NEXT STEPS If the Board adopts the proposed resolution, staff will submit a copy of the resolution to the State of California Department of Justice for authorization to access both state and federal criminal history records. Attachments: 1. Resolution to Authorize Access to State and Federal Criminal History Information 2. Santa Clara County Civil Grand Jury Inquiry Into Hiring Practices Prepared by: Sonya Morrison, Human Resources Technician Contact person: Gregory L. Sam, Administration and Human Resources Manager ` T{-OV-44 ! RESOLUTION NO. 0 � RE8OL0TKONOF THE BOARD OF DIRECTORS OF THE MIDPENINSNLA | REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCESS TO STATE AND FEDERAL CRIMINAL HISTORY INFORMATION FOR EMPLOYMENT � AND VOLUNTEER BACKGROUND CHECK PURPOSES | � � WHEREAS, Poxu! Code Sections | | |Oj(h) | |) und 13300(h)(11} authorizes cities, counties and � districts to access state and local Summary criminal history information fbrcmp|nymcn{ purposes; and WHEREAS, Penal Code Section I 105(b)(11) authorizes cities, counties and districts to access � [cduru| |cvr| criminal history information by transmitting fingerprint images and ro|u\cd information to the Department of Justice tobo transmitted |othe Federal Bureau ofInvestigation; and WHEREAS, Penal Code Section 11105(b)(11) and 13300(b)(11) require that there be u � requirement orexclusion from employment based on specific criminal conduct Oil the part oftile au|�cot � ' � m�rcuond� und � WHEREAS, Penal Code Section \ | |05(b)(| |) and 13300(b)(| l) rcquinrU'mgovcrninAhoJvofa city, county or district to specifically authorize aooeom to summary criminal history information for employment purposes. NOW, THEREFORE, BE IT RESOLVED that the Midpcnivau|u Qcgioou| 0pco Space District is hereby authorized to access mto10 and federal level muonruury criminal history iu[bunn1iou for employment (including volunteers and contract employees) purynxca and may not disseminate the information other than to those nyfiuin|x, persons, and entities identified in the statutes set out herein; and FURTHERMORE, LET IT BE RESOLVED, that the Midpcninao|u Regional Open Space District ahu|| not consider u person who had been convicted of felony or misdemeanor involving moral � turpitude eligible for employment (including volunteers and ooniruu1 employees); cxocp< that aoch � conviction may be disregarded if it is determined that mitigating circumstances exist, or that the conviction is not related to the employment or volunteer duties in question, or in (hc event state or ' federal |uv/ requires that the conviction not be considered a disqualifying event for employment purposes. � �� ` 2002_2003 SANTA CKARA COUNTY CVVXl[ GRAND JURY ��K�0TKU�n� X�J1�� X�k�� K»U� ��7�K��X�� 7� ~^ ,��~'^"�~ .^, . `, ~~~~~~^,~~ . ~~~~~~ . .~..~.. ~ ..~. YOUTH SPORTS COACHES Summary Responding to an ox\crnu| complaint, the 2002-2003 Santa Clara County Civil Grand Jury (Grand Jury) inquired into the hiring policies and procedures of select group of public schools and parks and recreation dcpuUnocntm within Santa Clara County. As m ,cyuh of the inquiry, it was discovered that there are two nnc(hodo of checking on an applicant's criminal past. One is through the use o[tile database maintained by tile Federal Bureau o[Investigation (P8|) that will check for ucriminal record using nationwide database search. The second is through a search conducted by the California Department o[]uytice, which is only o statewide database search. In order to receive u teaching credential in California, o chnoinu| record check is conducted using the [B| database. During the coxrse of interviews with the personnel of the parks and recreation departments, the Grand Jury learned that these departments require o rcum,d check to be run through the California Dcpodnncni o[ Justicc. As u result of our inquiry, it is the belief n[ this (]rand Jury that all volunteers and non-crcdentiu|cd teachers in our schools and all employees of the parks and recreation departments should have ucrimminu| rcuon] check using the FBI's national duinbaxc and the California Department ofJustice's statewide database. Background and Discussion The Grand Jury received a request from u citizen of Santa Clara County that it investigate organizations that hire coaches or recruit volunteers to coach young people in various sports. The conup|uinon\`a concern was that these children might be vulnerable to nno|catudon. The Grand Jury does not have jurisdiction over the many private not-for-profit organizations that serve our youth with sports programs. Penal Code 933.6 does give the Grand Jury the right to make inquiries or investigations into organizations that receive public monies. Clearly, school districts and parks and recreation departments are the recipients ofpublic funds which enable them to offer many athletic progrunus to county youth. Thus, it was decided that the Grand Jury wou|d conduct an inquiry into the hiring requirements of school districts and departments of parks and recreation. Tile selected aohon\ districts and schools included the following: Palo /\|io Unified School Dim1rict (0unn High School, Jordan Middle School), [unuphc|| Union High School District (Del Mar High School), Euoi Side Union High School District (Independence High School), San ]oac Unified School District (Burnett /\cudonoy, a middle school), and 8crrycsmx Union School | �� District (Morrill Middle School). Interviews were conducted with personnel from all of these schools and districts. The Grand Jury inquiry also included selected parks and recreation departments that are run by our cities. The selected school districts and various parks and recreation departments were representative of the geographical breadth of the county. The Parks and Recreation Departments selected and interviewed were in Palo Alto, San Jose, and Morgan Hill. The inquiry began with a phone call to the County Superintendent of Schools. The Grand Jury learned that the County Office of Education does not set forth any guidelines for the districts or the schools to follow when hiring staff. Individual school districts establish the hiring criteria for all staff, credentialed and non-credentialed. The State of California establishes the criteria for an individual to receive a credential. An individual must be fingerprinted and have a criminal record check through the FBI's database. The Grand Jury inquiry determined that volunteers who assist teachers and non-credentialed coaches who work with children are only required to have a criminal record check processed through a statewide database system administered by the California Department of Justice. The California Department of Justice record check is generally completed in a matter of days. Thus, it is possible that a person convicted of a molestation charge in another state might be working with our children, either as a volunteer or as a non-credentialed coach/teacher. In conducting the inquiry, the Civil Grand Jury found that all of the high schools and all of the middle schools, except one, use credentialed teachers who have gone through the nationwide FBI criminal record check to supervise their athletic programs; this eliminates the need for further record checks. The inquiry also established that all of the school districts studied require their volunteers and non-credentialed coaches be checked by the California Department of Justice but not by the FBI. The Palo Alto Unified School District proved the one exception to this finding. In Palo Alto the middle schools do not operate any athletic programs. All athletic programs for this age group are instead run by the eity's Parks and Recreation Department. This removes the burden of hiring coaches and purchasing expensive insurance. Finding I In the school districts and associated schools that were interviewed, the Grand Jury discovered there are no guidelines that suggest or require the volunteers have a criminal record check using the FBI database. All credentialed teachers are checked by the FBI database. During the interviews with school and district personnel, it was learned that volunteers are fingerprinted, but only required to have a record check through the California Department of Justice database. Recommendation It is recommended that a criminal record search of all volunteers be required to be run through both databases, California Department of Justice and the FBI. 2 Finding 11 During the course of our interviews with the representatives from Parks and Recreation Departments, it was learned that employees and volunteers of the associated city are required to be fingerprinted. All employees and volunteers are screened only by the California Department of Justice database. Recommendation It is recommended that all employees and volunteers be required to have record checks run through both the California Department of Justice and the FBI databases. PASSED and ADOPTED by the Santa Clara County Civil Grand Jury on this 13"' day of February. 2003. Fred de Funiak Foreperson Ron R. Layman Foreperson Pro Tern Patricia L. Cunningham Secretary 3 � REFERENCES Interviews School Districts and Associated Schools 0crgeyauUnion School District, Geraldine M. Uorge, Supehntcndcni, 10/08/02. Morrill Middle School, Ron Fairchild, Principal, 10/08/02. Cmnpbc|| Onion High School District, Raymond Cutbcn, Assistant Superintendent, Human Reaou,cca' 9/|3/O2 Qd Mar High School, LimoJ. Udell, Principal, 10/11/02. East Side Union High School District, Joe Coto, SuperintcndcnL9/2O/O2. Independence High School, CuriVucih, Principal, 9/27/02. Palo Alto Unified School District, Mary Frances Callan, Superintendent, 9/2h/02. (}unn High School, Scott Laurence, Principal, 9/27/02. Jordan Middle School, Suzanne So|onnun, Principal, 10/14/02. San Jose Unified Sohnw| District, Luis Gonzales, }c, PhD, Director, 9/20/02. San Jose Unified School District, Don Iglesias, Deputy Superintendent, 9/2O/O2 Bunmcti /\cudcnny, Mike Baxter, Assistant Principal, 10/08/02. Departments YVfParks and Recreation City o[Morgan Hi|| Parks and Recreation Department, Mary Kaye Fisher, 8unnon llcyouroeu Director, )0/)8/02. City o[Palo Alto, Department o[Community Services, /l. Eric Christensen, Supervisor o[ Recreation Programs, 10/10/02. City of San Jose Parks and Recreation Department, Jim Norman, Deputy Director, 10/17/02. Others Office of the Sheriff, Santa Clara County, Rich Deneau, Fingerprint Identification Director, |O/22/02. ' Midpeninsula Regional ' Open Space District R-09-52 Meeting 09-10 April 8, 2009 AGENDA ITEM 8 AGENDA ITEM Authorization to amend the "Agreement between San Mateo County and Midpeninsula Regional Open Space District Regarding Fire Services" to Include District Funding for a Fire Emergency Services Rescue Vehicle GENERAL MANAGER'S RECOMMENDATION Adopt the attached Resolution Authorizing an Amendment to the above-entitled Agreement to include District Funding for a Fire Emergency Services Rescue Vehicle. DISCUSSION As part of the District's Coastside Protection Program, the District entered into an agreement with San Mateo County to provide fire-related services in the Coastside Protection Area ("the Area") for District lands within the County's primary fire response jurisdiction. The Board approved this Agreement at its meeting of March 8, 2004 (See Report No. R-04-36). By entering into this agreement, the District and the County agreed to work cooperatively to further the mission of both agencies and to avoid impacting County and volunteer fire programs within the Area by providing for, among other things, a mutually-agreed upon fire services fee in consideration for the County providing fire and emergency medical services in the Area. The agreement provided for other cooperative inter-agency efforts including District purchase of a large water truck which is available to assist the County in obtaining water during fire suppression activities and consultation with the County in developing fuel management programs for specific acquired lands. The agreement also provided that, after the District had acquired 1,000 acres in the Area, the District would pay $50,000 to the County toward purchase of a four-wheel drive fire engine to be used to provide fire services in the Area. The engine would also display the District's logo identifying the District as a participating funding agency. On February 17, 2007, the District made the required payment of$50,000 to the County. In October, 2008, the General Manager was contacted by the Chief of the La Honda Fire Brigade (LHFB) who requested the District's consent to apply these funds to a fire emergency services R-09-52 Page 2 rescue vehicle in lieu of a four-wheel drive fire engine as originally planned. Since full federal grant funding had been obtained for additional four-wheel drive fire engine, LHF13 was faced with returning part of the federal grant to be able to accept the District's required $50,000 payment. Funding was also needed for a new fire emergency services vehicle to respond to medical and other emergencies in the Area. To help maximize the emergency response capability in the Coastside area, the District agreed to work with the County to amend the fire services agreement so that the District's $50,000 could be applied to purchase the new fire emergency services vehicle. The County has requested that the District approve an amendment to the agreement to authorize the application of the District's $50,000 payment towards purchase of the fire emergency services rescue vehicle. This apparatus is an important component of the fire and medical emergency services that the County provides in the Coastside area. It will benefit to both agencies and will be in-service throughout the year in contrast to the fire engine, which would normally be used only during fire season. The fire emergency services vehicle will display the new District logo and play an important role in informing Coastside residents of the District's participation as a funding agency for this important apparatus. FISCAL IMPACT Since the District has already made the required payment, approval of the requested amendment will have no additional fiscal impact. PUBLIC NOTICE Notice was provided to the County and as required under the Brown Act. No additional notice is required. CEQA COMPLIANCE The requested amendment concerns application of funding and is not a project subject to the California Environmental Quality Act. NEXT STEPS If the Board approves the requested amendment, a fully executed amendment will be prepared by staff and submitted to the County enabling the County to move forward on purchase of the vehicle. Attachments: 1) Resolution 2) Amendment to Agreement between San Mateo County and MROSD regarding Fire Services Prepared by: Susan Schectinan, General Counsel Contact person: Stephen E. Abbors, General Manager RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING AMENDMENT OF AGREEMENT BETWEEN SAN MATEO COUNTY AND MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REGARDING FIRE SERVICES AND AUTHORIZING THE BOARD PRESIDENT OR OTHER BOARD OFFICER TO EXECUTE THE AMENDMENT ON BEHALF OF THE DISTRICT WHEREAS, the Board of Directors of Midpeninsula Regional Open Space District does resolve as follows: Section One. On March 8, 2004, the Board of Directors of Midpeninsula Regional Open Space District approved an Agreement between San Mateo County and the Midpeninsula Regional Open Space District Regarding Fire Services ("the Agreement"). Section Two. The Agreement provided that San Mateo County ("the County") would purchase, and the District would contribute the amount of$50,000 towards the purchase, of a four-wheel drive fire engine to be used by the County to provide fire services to lands within the District's Coastside Protection Area. Section Three. Pursuant to Paragraph 18 of the Agreement, the District and the County wish to amend the Agreement to provide that the County may purchase a fire emergency services vehicle in lieu of a fire engine and the District's previous payment to County of$50,000 may be applied towards such purchase, in full satisfaction of its obligations under Paragraph 5 (e) of the Agreement. NOW, TI IEREFORE, BE IT RESOLVED that the President of the Board of Directors of the Midpeninsula Regional Open Space District or other authorized Board Member is authorized to execute the attached Amendment to the Agreement on behalf of the District. AMENDMENT TO "AGREEMENT BETWEEN SAN MATEO COUNTY AND MIDPENINSULA REGIONAL OPEN SPACE DISTRICT (REGARDING FIRE SERVICES)" RECITALS WHEREAS,on or about March 16, 2004, the Midpeninsula Regional Open Space District ("DISTRICT") and the County of San Mateo ("COUNTY"), entered into an Agreement Regarding Fire Services ("Agreement"); WHEREAS,that Agreement, inter alia,provided that the COUNTY would purchase and the DISTRICT would reimburse COUNTY in the amount of$50,000 (fifty thousand dollars) for the purchase of a four wheel drive fire engine to be used by COUNTY to provide fire services to certain DISTRICT owned and managed lands; and WHEREAS,pursuant to paragraph 18 of the Agreement, the parties wish to amend the Agreement to provide that the COUNTY may purchase and the DISTRICT will reimburse $50,000 (fifty thousand dollars) for the purchase of a fire emergency services rescue vehicle in lieu of a fire engine. NOW THEREFORE ,the parties mutually agree as follows: 1. Paragraph 5, subparagraph e)Payment Towards the Purchase of a Fire Engine of the Agreement is hereby amended to read as follows: "e) Payment Towards the Purchase of a Fire Emergency Services Rescue Vehicle. As further consideration for COUNTY's services, after acquisition by DISTRICT of 1,000 acres of Eligible Acquisitions within the Coastside Protection Area, DISTRICT shall make a one-time payment of$50,000 to COUNTY to be applied to the purchase of a fire emergency services rescue vehicle that will be used by COUNTY to provide fire emergency rescue services to DISTRICT owned and managed lands in the Coastside Protection Area. COUNTY shall provide evidence of such purchase to DISTRICT within twelve(12)months of DISTRICT payment. The vehicle will display an authorized DISTRICT logo identifying DISTRICT as a participating funding agency." 2. Paragraph 6, subparagraph a)Fire and Emergency Medical Services of the Agreement is hereby amended to read as follows: "a) Fire and Emergency Medical Services. COUNTY will provide wildland and structure fire prevention and suppression services, and emergency medical services, to DISTRICT owned and managed lands in the Coastside Protection Area. COUNTY will include the use of the fire emergency services rescue vehicle described in Section 5(e) herein as part of those services. The fire emergency services rescue vehicle shall be housed at a location that, in the reasonable judgment of COUNTY, will enable it to serve lands owned or managed by DISTRICT as of the effective date of this Agreement as well as Eligible Acquisitions." 3. The provisions of the original Agreement shall remain in full force and effect except as specifically amended herein. MIDPENINSULA REGIONAL COUNTY OF SAN MATEO OPEN SPACE DISTRICT By� �4-' President President Board of Directors Board of Supervisors Date: Date: 3 0 Approved As To Form: By: 1 Susan Schectman General Counsel Attest: Attest: By: By: a G g Sam District Clerk Clerk of the Board of Supervisors Date: ® Date: Certificate of D,glive!y (Government Code Section 25103) f certify that a copy of the original document filed it the Office of the Clark of the Board of Supervisors c San Mateo County has been delivered to the President of the Board of Supervisors. r)eQuty ,.PIC .rk of the B and of Supervisors Midpeninsula Regional Open Space District r � To: Board of Directors From: Stephen E. Abbors I Date: April 3, 2009 Re: FYI's IL 40�4 Midpeninsula Regional Open Space District For Immediate Release • ' Date: March 17, 2009 Contact: Leigh Ann Maze Communications Specialist 650.691.1200 x566 MROSD celebrates the seasonal opening of its David C. Daniels Nature Center Los Altos, CA [March 17,20091 The Midpeninsula Regional Open Space District marks the seasonal opening of its David C. Daniels Nature Center with a celebration for all including creative exhibits, a ranger-led nature hike, refreshments and fun for the whole family. When: Saturday and Sunday, April 4-5, 12:00 p.m. to 5:00 p.m. Where: David C. Daniels Nature Center, Skyline Ridge Open Space Preserve o Visit the District's Web site or call 650 691-1200 for directions. Activities: The celebration is free and open to the public. Reservations are required for Saturday's 1:00 p.m.-2:30 p.m. ranger-led nature hike and can be made at jb www.o ens ace.or /reservations or 650 691-2150 (option 2 after 03/21 The Nature Center, overlooking Alpine Pond in the Skyline Ridge Open Space Preserve, helps people of all ages connect with nature. Volunteer staff and hands-on interpretive displays teach visitors about the plants and animals living in the surrounding natural environment. Visitors can also meet Snickers, the District's captive-bred gopher snake and explore nearby hiking trails. The Nature Center is free and open to the public on weekends from April to mid-November. Built in 1995, it was partially funded through the generosity of the Peninsula Open Space Trust and the Judy and David Daniels family in memory of their son, David C. Daniels. April not only marks the opening of the nature center, it is also designated Children and Nature Awareness Month by the Children &Nature Network, a non-profit focused on reconnecting children with nature. Created by voters in 1972, the Midpeninsula Regional Open Space District protects and manages more than 57,000 acres of open space. The District's 26 diverse and beautiful preserves are open to the public 365 days a year. The District is a public agency 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.openspace.org p a District Regional OpenS Open Space District For Immediate Release Date: March 26, 2009 Contact: Leigh Ann Maze 650.691.1200 MROSD hires new ranger Dennis Heimer to serve in the Foothills area Los Altos,California [March 26, 20091 —The Midpeninsula Regional Open Space District's newest ranger, Dennis lleimer, was appointed as a peace office by the Board of Directors at a meeting last night. Heimer will work out of the District's Foothills field office serving preserve visitors mainly in the Los Gatos, Saratoga and Cupertino areas. He has an associate degree in park management from West Valley College and a bachelor's degree in kinesiology from San Jose State University. He worked as a Seasonal Open Space Technician for the District before going through the extensive hiring process and nine-week law enforcement academy to becorne a ranger. District rangers are stewards of 57,000 acres of public open space land. They interact with preserve visitors providing interpretive and educational information, first aid, and law enforcement. Rangers also patrol and maintain roads and trails, complete projects that enhance and restore the natural environment and work to prevent and fight wildland tires. Created by voters in 1972, the Midpeninsula Regional Open Space District has successfully protected more than 5 7,000 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. ivww.op ens/ruce.or�,- II MidpeninsLlla Regional For Immediate Release Open Space District Date: March 31, 2009 Contact: Leigh Ann Maze 650.691.1200 MROSD volunteers plant trees in search of a cure for sudden oak death Los Altos, California [March 31, 20091 — A group of 14 volunteers rolled up their sleeves Saturday to help the Midpeninsula Regional Open Space District plant 19 tanoak tree saplings at the District's Skyline Ridge Open Space Preserve. The project is part of a larger study on sudden oak death, a plant disease with no known cure causing widespread death among oaks in California, particularly tanoak trees. With this study, researchers from the U.S. Forest Service and U.C. Berkeley are hoping to identify tanoak trees with genetic resistance to SOD that could be used to replant areas decimated by the disease. The District has committed $60,000 as well as staff time to the study. District volunteers have played an important role throughout the study, assisting staff in the collection of thousands of acorns which the researchers grow into saplings and test for resistance in the lab and in the field. Each year more than 500 volunteers commit thousands of hours helping the District preserve and protect open space land through visitor education, trail work, and invasive weed removal among other projects. In 2005 the District committed$300,000 over 10 years to find ways to prevent and treat SOD, and is currently involved in three separate research projects to achieve these goals. The combined results of these studies will help the District find ways to prevent the spread of sudden oak death for the safety of its visitors, health of the environment and protection of California's trees. i, Created by voters in 1972, the Midpeninsula Regional Open Space District has successfully protected and managed more than 57,000 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.onensnace.or6 ur d ' Midpeninsula Regional Memorandum Open Space District To: MROSD Board of Directors From: Tina Hugg, Open Space Planner II Date: April 3, 2009 Re: Update on the Skyline Field Office Remodel Project This update is being provided to the Board regarding the current status of the Skyline Field Office remodel project as of April 3, 2009. • The Facilities Improvements Ad Hoc Committee met with staff on Thursday, April 2, 2009. An overview and status of the project were presented as well as conceptual Design Options. Next Steps • Based on the Committee's feedback, staff will re-evaluate the cost estimate for Design Option 3, given that government contracts have been presently running 30 to 40% below construction estimates as a result of the current economic downturn. • Staff will also assess how the SFO building should relate to other District staff facilities, both current and future. An update will be provided through an informational memorandum to the Board at the next meeting. Midpeninsula Regional Memorandum • ' Open Space District To: MROSD Board of Directors From: Tina Hugg, Open Space Planner II Date: April 3, 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 April 3, 2009. • The revised permit drawing set that addresses the City of Los Altos' comments has been re-submitted for final approval. • The Request for Bids was released on Monday, March 30, 2009. A mandatory pre-bid tour is scheduled for April 8, 2009. Bid Proposals are due on April 24, 2009. • Data loggers have been tracking temperatures in a variety of areas that continue to have noticeable and problematic fluctuations. They will be moved to the north end of the building over the next few weeks. • The HVAC ductwork repairs are complete. These were addressed in an FYI at the March 25, 2009 Board meeting. Next Steps Staff will continue to make progress on: • Determining further basic HVAC improvements for the entire AO building • Preparing for the submission of Bid Proposals for the Basic Improvements phase of work (the kitchen remodel and IT server room upgrade work) An update will be provided through an informational memorandum to the Board at the next meeting. lag Midpeninsula Regional Open Space District To: Board of Directors From: Stephen E. Abbors Date: April 8, 2009 Re: Late FYI's Meredith Manning From: SGERC E-Mail [sgerc@sanmateo.org] Sent: Monday, April 06, 2009 8:30 AM To: Allan Richards Cc: Meredith Manning; Ana Ruiz; Lawrence A Freeman; Mike Rossiter Subject: Re: good news on San Gregorio stream gage funding Hi Meredith and all, This is wonderful news to return home to! I echo Allan's appreciation and thanks to Steve Abbors and the MROSD board members for their strong support of the San Gregorio watershed and San Mateo coast. SGERC will continue to work for a stable and long term funding source for this stream gage, but the help from MROSD at this time is huge. I have started the wheels rolling to transfer SGERC's funds in the amount of $3,300 to the USGS Water Science Center as soon as possible. My thanks to you, Meredith, and everyone who helped bring this about. Sincerely, Neil Neil Panton - Executive Director San Gregorio Environmental Resource Center PO Box 49, San Gregorio, CA 94074 650-726-2499 Email: sgerc@sanmateo.org Website: sgerc.org On Apr 1, 2009, at 2:08 PM, Allan Richards wrote: > Thank you Meredith — this is good news indeed. Please convey my > appreciation to all members of MROSD that helped to make this happen. > And thanks again to Neil and Larry for their persistence. > Allan > From: Meredith Manning [mai Ito:mmann ing@openspace.org > Sent: Wednesday, April 01, 2009 1:35 PM > To: Allan Richards > Cc: Ana Ruiz; sgerc@sanmateo.org; Lawrence A Freeman > Subject: good news on San Gregorio stream gage funding > Hi Allan, > You will be happy to know that we were successful in convincing our > General Manager and Board of Directors to fund the San Gregorio > Creek stream gage; in combination with the funds raised by SGERC, > the gage should be operational through the end of the water year. > The Board was very excited and supportive of the project. I have > attached the FYI to the Board for your information. I will be > working with our Public Affairs Department to announce to a broader > audience shortly. Larry Freeman of the USGS worked tirelessly with > me to get through the last-minute hurdles to make this happen and > it wouldn't have happened at all without the support and > willingness of my Planning Manager, Ana Ruiz, to keep the project > rolling while I was on vacation. > Be aware that this is a stopgap measure only; it's the first of its > kind for the District and probably won't be repeated. It buys time > for seeking a more permanent source of funding. (I haven't > forgotten your previous email wherein you offered $1,000 of your > personal money as incentive for 17 others to do the same to keep > the gage going.) > Anyway, some days bring good news, and this is one of those days. > Be well. > Meredith > <image001.9if> > Meredith Manning, Open Space Planner II > Midpeninsula Regional Open Space District > 330 Distel Circle, Los Altos, CA 94022 > mmanning@openspace.org > www.openspace.org 2 i > p: (650) 691-1200 - f: (650) 691-0485 i i I f i i i 3 w ilk GENERAL MANAGER s a , Stephen E Abbots Regional 0penSpace j Midpeninsula Regional Open Space District BOARD OF DIRECTORS Pete Siemens Mary Davey Jed Cyr Curt Riffle Nonette Hanko Larry Hassett April 8, 2009 Cecily Harris The Honorable Tom Berryhill State Capitol, Room 3141 Sacramento, CA 95814 RE: AB 979-OPPOSE Dear Assemblyman Berryhill: This letter is submitted on behalf of the Midpeninsula Regional Open Space District (the District") in opposition to Assembly Bill 979 which would pre-empt the ability of park districts and other public agencies to prohibit hunting on publicly-owned lands. The bill is scheduled to be heard by the Assembly's Water, Parks and Wildlife Committee on April 14, 2009. The District urges the Committee to reject this measure. The District's concerns with this bill are threefold: I. Approval of this bill would pose an immediate and direct threat to the safety of the thousands of recreational users of the District's parklands. 2. It would have a significant fiscal impact on the District, including the need for increased staffing to ensure visitor safety. It would also impose an increased fiscal and staffing burden on the already strained resources of law enforcement agencies in our region that would be required to respond to protect public safety. These impacts, during dire economic circumstances, will be felt by all public agencies which open their lands for public recreational use. 3. The inevitable result of these impacts will be a significant decrease in the amount of park and open space lands agencies such as the District could make available for public use and enjoyment, thereby preventing the public from using public lands purchased with their tax dollars for their enjoyment. The District is a regional open space district formed in 1972 by the voters under its enabling act set out in Section 5500 et seq. The District's mission statement is "To acquire and preserve a regional greenbelt of open space land in perpetuity, protect and restore the natural environment, and provide opportunities for ecologically sensitive public enjoyment and education." The District has been successfully carrying out this mission for 37 years. 33o Distel Circle Los Altos,CA 94022 1 650 69s 1200 1 65o,69i o485 I www openspace org The District currently operates a system of 26 open space preserves consisting of 57,000 acres of open space located in San Mateo, Santa Clara, and Santa Cruz Counties. The District's jurisdictional boundaries include the entirety of the San Mateo County coast. The District's typical lands are large tracts of rural unimproved open space. These lands are maintained in their natural condition. The District preserves are visited daily by the general public in the region for low-intensity recreation uses - hiking, bicycling, and equestrian use - on its unpaved trails. The statutory purpose of regional park and open space districts is to maintain such a system of public parks and open space preserves for public recreation for the benefit of all of the inhabitants of the District (Section 5541). The District is directed by statute to regulate and make its open space lands available to all of its constituents and to adopt ordinances and regulations as necessary for the protection and use of its property (Section 5558). Accordingly, the District's elected Board of Directors has adopted ordinances to ensure that its visitors can enjoy the spectacular beauty of the region's open space in safety and to protect the preserve's precious natural resources, sensitive habitat, and flora and fauna. The District employs 23 rangers who patrol this land and who enforce these ordinances pursuant to their peace officer powers. District rangers do not carry firearms. In the District's long experience, and in direct contrast to the proposed legislative findings contained in the bill, it is critical for visitor safety to prohibit hunting on such lands. The public has enjoyed the use of these preserves for the past 37 years with the certain knowledge that hunting is not allowed and this expectation is embedded in the consciousness of everyone who visits District preserves. Visitors may use trails or may seek to enjoy the environment off trail in any area of any preserve open to public use. Visitor use patterns encompass everything from well-trodden trails to remote ridges; from low elevation creeksides to high elevation viewsheds. Discharging a firearm in an open space preserve creates a significant risk to our visitors, whose location cannot be known to a potential hunter. As a result, District Ordinance 403 prohibits the discharge of a firearm or other weapon capable of injuring a person or animal on District lands and District Ordinance 700 prohibits hunting on District lands. AB 979 explicitly pre-empts the ability of agencies like the District to determine what activities can be safely conducted on its lands so as to avoid conflicts with visitor use. AB 979 states that"all local regulations" are subject to the proposed statute. The bill would thus pre-empt District Ordinances 403 and 700, rending them void. No remedy is found in the bill's legislative findings. First, they are not codified within the statutory language. Second, even if they were, they provide an ambiguous and wafer- thin exception which would be virtually impossible to meet: in "rare and limited instances" a local ordinance can"affect" hunting if needed to protect the public only if it "incidentally" affects hunting and if it doesn't "indiscriminately" extend to areas where hunting won't endanger public safety. What do these words mean? They are unclear and confusing, wide open to interpretation and, we fear, they represent tests that would be exceedingly hard to meet. Subsection (c) of the bill is equally troubling. The bill would permit a private landowner to restrict hunting, but not a public landowner. A cardinal rule of statutory construction provides that in construing statutes, the mention of one thing within the statute implies the exclusion of another thing not so mentioned. By expressly including private landowners, the bill excludes public landowners. (This rule is often referred to as "Expressio unius est exclusion alterius"). The bill's provision that only the State Fish and Game Commission and Department may adopt regulations regarding hunting is deeply troubling. There is no conflict between the Department's current charge of regulating the broad spectrum of hunting and fishing rules that must apply where hunting does occur(e.g., setting the length of seasons, size limits of game taken, manner and means of taking, listing of species that may be lawfully taken) and the District's mission of providing and protecting open space for safe use by its visitors. There is an enormous conflict between this bill and the District's mission. To carry out its statutory mandate to protect its preserves and their use, the District's elected officials and professional staff must have the ability to determine what uses are suitable to its lands based on knowledge of its preserves, visitor use patterns, natural resources, and public safety needs. This bill would wrest control of these decisions from the local agency charged by the Legislature to provide and protect open space for safe public use. Enactment of this bill would significantly impact District staffing and equipment needs for increased preserve patrol. This impact would also fall on the shoulders of the city and county law enforcement agencies already straining to provide adequate law enforcement services in the region. Even if these fiscal impacts could be addressed, it is infeasible to sustain a level of patrol that can effectively protect visitors dispersed throughout 57,000 acres from the danger posed by a discharged firearm. Sincerer Stephen E. Abbors General Manager I cc: Members, California State Assembly Committee on Water, Parks and Wildlife Diane Colborn, Chief Consultant Ralph Heim, Public Policy Advocates OFFICE OF THE GOVERNOR March 30, 2009 Mr. Stephen E. Abbors 330 Distel Circle Los Altos, California 94022 Dear Mr. Abbors, Thank you for writing about the proposed elimination of the California Conservation Corps in the 2009-2010 budget. I value your input about this important issue during this challenging time. I did not run for office to cut funding for crucial state programs. However, you cannot erase a $42-billion deficit by raising taxes alone. Just as tax increases were necessary to balance the budget, so were spending cuts. In my office alone,we have reduced costs by more than $700,000, and we will continue to reduce by another 10 percent. However, the budget I signed did not eliminate the California Conservation Corps. This was a very difficult budget that forced us to make decisions we didn't want to make, but we have turned this crisis into an opportunity to make real, lasting reforms for California. Sincerely, Arnold Schwarzenegger GOVERNOR ARNOLD SCHWARZENEGGER • SACRAMENTO, CALIFORNIA 95814 • (916) 445-2841 -ia-- Mare 30, 2009 Mr. Stephen E. Abbors, General Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, California 94022 Dear Mr. Abbors, Thank you for your thou fitful letter about your meeting with Casey Fromson of my staf�. I a�wa,yYs appreciate hearing about the progress of our project to clean up the former Almaden Air Force Station and I look forward to the day the mountaintop is restored. Whenever I can be of assistance to you and the Midpeninsula Regional Open Space District in your important work, just let me know. Most gratefully, Anima . Esboo ---member of Congress