HomeMy Public PortalAbout20090708 - Agenda Packet - Board of Directors (BOD) - 09-21 t
Midpeninsula Regional
f • ' Open Space District
Meeting 09-21
SPECIAL AND REGULAR MEETINGS
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
6:00 p.m.
Wednesday,July 8, 2009
330 Distel Circle
Los Altos, California
AGENDA
SPECIAL MEETING
The Special Meeting Closed Session will begin at 6:00 p.m. At 7:00 p.m.,the Board will convene the Regular
Meeting.
6:00 ROLL CALL
SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT-CLOSED SESSION
1 Public Employee Performance Evaluation-Government Code Section 54957- Title of Employee:
General Manager
2 Conference with Legal Counsel-Existing Litigation - California Government Code Section
54956.9(a)-Chiocchi et al. vs. Midpeninsula Regional Open Space District et al., Santa Clara
Superior Court Case No. 107CV095669
0 REGULAR MEETING
//1:00* REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT
ROLL CALL X
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
** ADOPTION OF AGENDA �}
7:10* CONSENT CALENDAR
Meeting 09-21 Page 2
I Approve Minutes of Board Meetings of June 10, 2009 and June 16, 2009
2 Approval of Revised Claims Report
3 Approval of Written Communications
7:20* BOARD BUSINESS
4 Issuance of Owner's Letter of Concurrence for Peninsula Open Space Trust to Construct the Council
Circle at Mindego Meadow in Russian Ridge Open Space Preserve—A. Christenson
5 Determine that the recommended actions are categorically exempt from the California Environmental
Quality Act(CEQA)and Award of Contract to Golden State Engineering for the Fletscher Demolition
and Site Cleanup at Sierra AZLII Open Space Preserve—G. Laustsen
6 Approval of Salary Adjustments and Amended Employment Agreements for the Bond's Appointees:
General Manager, General Counsel and District Controller—Board Appointee Evaluation Committee
INFORMATIONAL REPORTS—Reports on compensable meetings attended. Brief reports or announcements
concerning activities of District Directors and staff, opportunity to refer public or Board questions to staff
for factual information; request staff to report back to the Board on matter at a future meeting; or direct staff
to place a matter on a future agenda.
A. Committee Reports
B. Staff Reports
C. Director Reports
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 mqv appear earlier or later than listed Agenda is subject to change of order,
TOADDREVS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of'
Directors. You may address the Board concerning other matters during Oral Communications. Each speaker will ordinarily be
limited to three minutes. Alternately,you may comment to the Board by a written communication, which the Board appreciates.
Consent Calendar.-All items on the Consent Calendar may he approved without discussion by one motion. Board members, the
General Manager, and members of the public may request that an item be removed firom the Consent Calendar during consideration
of the Consent Calendar.
In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting,please
contact the District Clerk at(650)691-1200. Notification 48 hours prior to the meeting will enable the District to make
reasonable arrangements to ensure accessibility to this meeting.
Written materials relating to an item on this Agenda that are considered to be a public record and are distributed to Board
members less than 72 hours prior to the meeting,will be available for public inspection at the District's Administrative
Office located at 330 Distel Circle, Los Altos,California 94022.
' MeebngO9-2| Page
CERTIFICATION OF POSTING OF AGENDA
� i Aono]*czuk, Interim District Clerk for the K4idpcnnyuh Regional Open Space 0imdd(MROSD)'declare that the
foregoing o�cnda6xthe July 8,2O09 Special and Regular 0�uuingpnf the K4RO8DBomdnfDiodno was powzdand
uvuUub|c for review oo July 2,2009ut the Administrative Offices ofMKO8D. 330 Diotc|Cio|c^ Los Altos,California,
94022. The agenda iy also available on the District's web site ut .
� Signed this 2od day o[July 2009. at Los/\|\oa. California. �
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� Interim District Clerk Date: 07/02/09 �
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Claims No. 09-12
Meeting 09-21
Date 7/8/09
Revised
Midpeninsula Regional Open Space District
# Amount Name Description
10667 $10,025.20 *1 County Of San Mateo Fire Service Fee-Coastside Protection Program
10668 $7,390.85 *2 La Honda-Pescadero Unified School Tax Compensatory Fee-Coastside Protection Program
District
10669 $6,552.60 Old Republic Title Company Title&Escrow Fees-Land Acquisitions
10670 $5,583.33 Peckham&McKenney Recruitment-Administration Manager/Clerk Of The Board
10671 $5,084.50 Craftsmen Printing Printing Of Distict Stationery&Business Cards With New Logo
10672 $4,793.58 Patsons Media Group Printing Services-Brochures,Contact Information Mailer,A
Guide For Our Open Space Neighbors&Coloring Book
10673 $2,701.70 B Bros Construction Permit Fees For AO Remodel Project
10674 $2,157.39 Ecological Concerns Native Revegetation Maintenance&Monitoring-Skyline Ridge
Tree Farm
10675 $1,742.30 *3 First National Bank Field Supplies/Storage Cabinet For FFO Shop/Poison Oak&
Ivy Lotion/Drinking Fountain RSA/Safety Glasses/GPS Maps/
Small Tools/Parts For Trailer Equipment/Replacement Meter
For Fuel Pump
10676 $1,000.22 Office Depot Office Supplies, Name Plates,Copy Paper
10677 $984.28 Direct Marketing Solutions Mail House Services
10678 $900.00 Montgomery Highlands Association Maintenance Fees&Annual Dues
10679 $800.00 Laustsen,Gretchen Reimbursement-Tuition
10680 $772.65 *3 First National Bank Office Supplies/Name Badges/Pantone Matching System For
Printing&Graphic Design/Telephone Headset/Laptop Bag/
Archival Storage Supplies/Toaster Oven For SFO
10681 $659.35 *3 First National Bank Business Related Meals/Board Meetings/La Honda Public
Meeting/La Honda Creek Master Plan Hearing/Outdoor
Education Leader Meeting/Lunch With Planning Department
10682 $650.00 Design Concepts Graphic Design Services-La Honda Creek Master Plan For
Spring Newsletter
10683 $548.16 United Site Services Sanitation Services-Sierra Azul&Fremont Older
10684 $500.00 Association Of Bay Area Governments Annual Membership
10685 $485.00 Morrison,Sonya Reimbursement-Tuition
10686 $439.19 Summit Uniforms Uniform Expenses
10687 $427.60 Shelterbelt Builders Consulting Services-Pest Control Recommendation
10688 $423.86 Cascade Fire Equipment Company Uniform Expenses
10689 $417.38 *3 First National Bank Computer Expenses/Network Cables/Memory For Notebook 1
FFO&Annex Power Supply
10690 $400.00 Aaron's Septic Tank Service Pumping Services-Jaques Ridge
10691 $366.16 *3 First National Bank Books/Recruitment Ad For OSP 1 /Survey Monkey Monthly
Subscription/Ad For La Honda Creek Master Plan Hearing
10692 $325.25 Royal Brass Plumbing&Field Supplies
10693 $307.50 *3 First National Bank CARPOSA Membership Dues
10694 $285.03 *3 First National Bank Volunteer Supplies
10695 $281.69 Harrington Industrial Plastics Plumbing Supplies
10696 $250.00 *3 First National Bank Out Of Town Business Meeting Expenses-Room Deposit&Fee
For La Honda Creek Master Plan Hearing
10697 $227.97 Continuing Education Of The Bar Legal Books
10698 $210.00 Linda Schweizer Reimbursement-Slender False Brome Treatment
10699 $205.97 Costco Office Supplies For FFO&RSA
10700 $169.42 *3 First National Bank Tools&Tarp For Maintenance Truck
10701 $164.15 Ergo Vera Ergonomic Evaluations
10702 $150.00 *3 First National Bank Rental Residence Expenses
10703 $149.10 Lampson Tractor Tractor Supplies
10704 $135.56 Bay Area Air Quality Management Fuel Tank Permit-SFO
District
10705 $135.00 Liebert Cassidy Whitmore Legal Services&Advice
Page 1 of 2
a
Claims No. 09-12
Meeting 09-21
Date 7/8/09
Revised
Midpeninsula Regional Open Space District
# Amount Name Description
10706 $113.74 Ace Fire Equipment&Service New Fire Extinguishers&Fire Extinguisher Maintenance
Company
10707 $100.00 Paul Houghtaling Guest Speaker For Docent Quarterly Meeting
10708 $69.75 Alhambra Water Dispenser-AO
10709 $64.20 FedEx Shipping Charges
10710 $61.70 Perez, Nicole Reimbursement-Board Meeting Expenses
10711 $56.43 Forestry Suppliers All Weather Field Notebooks
10712 $55.07 United Parcel Service Parcel Shipping
10713 $12.56 Ricoh Americas Corporation Shipping Charges For Copy Machine Toner
10714 $11.61 Parry, Rick Reimbursement-Training Expenses
10715 $8.72 CSK Auto Motor Oil
10716 R $1,709.98 ADT Security Services Replace Fire Alarm Panel At FFO Shop
10717 R $750.00 Divine Catering Catering For District Family Picnic Event
10718 R $639.80 CMK Automotive Inc. Vehicle Maintenance&Repair
10719 R $600.00 Tickler&Thomas Consulting Services-Prepare,Attend&Present Staff Survey
Results
10720 R $500.37 Petty Cash Office Supplies/Field Supplies/Parking&Mileage/Business
Related Meals/Training Expenses/Docent Supplies
10721 R $477.64 Carpenter Rigging of San Jose Tow Chains, Rigging Straps&Shackles
10722 R $476.03 Forestry Suppliers Fire Uniform Supplies
10723 R $388.10 Life Assist First Aid Supplies
10724 R $202.58 Champion Chemical Company Graffiti Removal Supplies
10725 R $169.44 G&K Services Shop Towel Service
10726 R $157.79 Allied Waste Services Garbage Service-Hosking Barn
10727 R $119.00 Coastal Sierra Internet Service-SFO
10728 R $114.45 Wright, Leslie Reimbursement-Skills Assessment Supplies
10729 R $109.37 Metro Mobile Communications Radio Repair
10730 R $57.79 Cascade Fire Equipment Company Field Supplies
10731 R $54.45 Gartside,Ellen Reimbursement-Mileage
10732 R $48.57 Foster Brothers Lock&Key Services
Total $66,931.08
"1 Urgent Check Issued 7/1/09
"2 Urgent Check Issued 7/1/09
"3 Urgent Check Issued 7/1/09
The total amount for First
National Bank is$5,119.79
Page 2 of 2
Claims No. 09-12
Meeting 09-21
Date 7/8/09
Midpeninsula Regional Open Space District
# Amount Name Description
10667 $10,025.20 *1 County Of San Mateo Fire Service Fee-Coastside Protection Program
10668 $7,390.85 *2 La Honda-Pescadero Unified School Tax Compensatory Fee-Coastside Protection Program
District
10669 $6,552.60 Old Republic Title Company Title&Escrow Fees-Land Acquisitions
10670 $5,583.33 Peckham&McKenney Recruitment-Administration Manager/Clerk Of The Board
10671 $5,084.50 Craftsmen Printing Printing Of Distict Stationery&Business Cards With New Logo
10672 $4,793.58 Patsons Media Group Printing Services-Brochures,Contact Information Mailer,A
Guide For Our Open Space Neighbors&Coloring Book
10673 $2,701.70 B Bros Construction Permit Fees For AO Remodel Project
10674 $2,157.39 Ecological Concerns Native Revegetation Maintenance&Monitoring-Skyline Ridge
Tree Farm
10675 $1,742.30 *3 First National Bank Field Supplies/Storage Cabinet For FFO Shop/Poison Oak&
Ivy Lotion/Drinking Fountain RSA/Safety Glasses/GPS Maps/
Small Tools/Parts For Trailer Equipment/Replacement Meter
For Fuel Pump
10676 $1,000.22 Office Depot Office Supplies, Name Plates,Copy Paper
10677 $984.28 Direct Marketing Solutions Mail House Services
10678 $900.00 Montgomery Highlands Association Maintenance Fees&Annual Dues
10679 $800.00 Laustsen, Gretchen Reimbursement-Tuition
10680 $772.65 *3 First National Bank Office Supplies/Name Badges/Pantone Matching System For
Printing&Graphic Design/Telephone Headset/Laptop Bag!
Archival Storage Supplies/Toaster Oven For SFO
10681 $659.35 *3 First National Bank Business Related Meals/Board Meetings/La Honda Public
Meeting/La Honda Creek Master Plan Hearing/Outdoor
Education Leader Meeting/Lunch With Planning Department
10682 $650.00 Design Concepts Graphic Design Services-La Honda Creek Master Plan For
Spring Newsletter
10683 $548.16 United Site Services Sanitation Services-Sierra Azul&Fremont Older
10684 $500.00 Association Of Bay Area Governments Annual Membership
10685 $485.00 Morrison,Sonya Reimbursement-Tuition
10686 $439.19 Summit Uniforms Uniform Expenses
10687 $427.60 Shelterbelt Builders Consulting Services-Pest Control Recommendation
10688 $423.86 Cascade Fire Equipment Company Uniform Expenses
10689 $417.38 *3 First National Bank Computer Expenses/Network Cables/Memory For Notebook/
FFO&Annex Power Supply
10690 $400.00 Aaron's Septic Tank Service Pumping Services-Jaques Ridge
10691 $366.16 *3 First National Bank Books/Recruitment Ad For OSP 1 !Survey Monkey Monthly
Subscription/Ad For La Honda Creek Master Plan Hearing
10692 $325.25 Royal Brass Plumbing&Field Supplies
10693 $307.50 *3 First National Bank CARPOSA Membership Dues
10694 $285.03 *3 First National Bank Volunteer Supplies
10695 $281.69 Harrington Industrial Plastics Plumbing Supplies
10696 $250.00 *3 First National Bank Out Of Town Business Meeting Expenses-Room Deposit&Fee
For La Honda Creek Master Plan Hearing
10697 $227.97 Continuing Education Of The Bar Legal Books
10698 $210.00 Linda Schweizer Reimbursement-Slender False Brome Treatment
10699 $205.97 Costco Office Supplies For FFO&RSA
10700 $169.42 *3 First National Bank Tools&Tarp For Maintenance Truck
10701 $164.15 Ergo Vera Ergonomic Evaluations
10702 $150.00 *3 First National Bank Rental Residence Expenses
10703 $149.10 Lampson Tractor Tractor Supplies
10704 $135.56 Bay Area Air Quality Management Fuel Tank Permit-SFO
District
10705 $135.00 Liebert Cassidy Whitmore Legal Services&Advice
Page 1 of 2
Claims No. 09-12
Meeting 09-21
Date 7/8/09
Midpeninsula Regional Open Space District
# Amount Name Description
10706 $113.74 Ace Fire Equipment&Service New Fire Extinguishers&Fire Extinguisher Maintenance
Company
10707 $100.00 Paul Houghtaling Guest Speaker For Docent Quarterly Meeting
10708 $69.75 Alhambra Water Dispenser-AO
10709 $64.20 FedEx Shipping Charges
10710 $61.70 Perez, Nicole Reimbursement-Board Meeting Expenses
10711 $56.43 Forestry Suppliers All Weather Field Notebooks
10712 $55.07 United Parcel Service Parcel Shipping
10713 $12.56 Ricoh Americas Corporation Shipping Charges For Copy Machine Toner
10714 $11.61 Parry, Rick Reimbursement-Training Expenses
10715 $8.72 CSK Auto Motor Oil
Total $59,365.72
*1 Urgent Check Issued 7/1/09
*2 Urgent Check Issued 7/1/09
*3 Urgent Check Issued 7/1/09
i
Page 2 of 2
GENERAL MANAGER
1)tephen r. Abbors
Regional 0 penSp�ce Midpeninsula Regional Open Space District BOARD OF DIRECTORS
lle[p Swrnens
Md i y Davey
Jed Cyl
Curt Riffle
Nonette Hanko
Larry Fla,,sott
July 09, 2009 (ecily ld,wi"
Kathleen Kolluri & M.V. Kolluri
24749 Olive Tree Lane
Los Altos, CA 94024
RE: Access via Olive Tree Lane to Rancho San Antonio Open Space Preserve
Dear Mr. & Ms. Kolluri:
Thank you for your letter of June 3, 2009 requesting access to the Rancho San Antonio
Open Space Preserve (Preserve) from the gate located at the end of Olive Tree Lane. I
understand your desire to access the Preserve from your home on Olive Tree Lane, but
the District is not the entity that can grant the access you seek. Let me briefly explain
wbk'that is so. To formalize the District's patrol and maintenance access to the Preserve,
the District's Board of Directors, on April 27, 1994, entered into an easement agreement
with the 13 owners of the subdivision at the end of Olive Tree Lane in unincorporated
Santa Clara County. In exchange for this easement, the District committed, in writing
"not promote or encourage use of the roadway by the public" (Section 5 of Easement
Deed). The District further cooperated with the residents to install a new fence and gate
at the end of Olive Tree Lane and the Preserve boundary to prohibit public access. The
13 residents, however, reserved access to the Preserve as part of the access easement
agreement.
The resolution of additional private access to the Preserve gate therefore, can only come
from discussions between neighbors living on Olive Tree Lar � I encourage you to
contact your neighbors at the end of Olive Tree Lane to see if you are able to obtain
access to the Preserve.
Sincerely,
Nonette Hanko
Board President
330 Distel Circle Los Altos,CA 94022 1 650 691 1200 !; 6,o 691.048S I vvwvv openspace org
To: The Board of the Mid-Peninsula Open Space District
Mary Davey, Representative Board Member
From: Kathleen Kolluri & M. V. Kolluri Jun 3, 2009
Re: Access to Rancho San Antonio Open Space Preserve via Olive Tree Lane, Los
Altos Hills
We have lived in Los Altos Hills for the past six years. Our home is located on Olive
Tree Lane, a private road that begins at Blandor Road and dead-ends at a fence and
locked gates accessing the San Antonio Preserve. Our family and other neighbors living
on Olive Tree Lane have expressed an interest in having the same access to the San
Antonio Preserve as was granted to thirteen of our neighbors in 1994 residing on the
same private road.
The included documents describe the events of April 27, 1994. The documents are:
1) The minutes of the board meeting of the Mid-Peninsula Open Space District and
2) Easement Deed between the Mid-Peninsula Regional Open Space District and eight of
the thirteen residents of Olive Tree Lane who were granted access.
The residents who were granted access in 1994 have locked the pedestrian gate for their
exclusive access and deny access to the other residents of Olive Tree Lane. In our
understanding, all residents of Olive Tree Lane regardless of their City/County affiliation,
have implied access to the San Antonio Preserve due to their shared responsibilities
regarding the private road.
We respect the intentions of the original agreement as stated to restrict public access and
eliminate street parking. All Olive Tree Lane residents are within walking distance to the
San Antonio Preserve and should have the same privileges of access to the preserve as
these thirteen residents have been granted.
We sincerely appreciate your consideration of this important neighborhood issue. We
would be happy to discuss this with your staff in further detail if necessary.
Thank You.
Sincerely,
Kathleen Kolluri M. V. Kolluri
Attachments:
1) The minutes of the board meeting of the Mid-Peninsula Open Space District and
2) Easement Deed between the Mid-Peninsula Regional Open Space District and eight of
the thirteen residents of Olive Tree Lane who were granted access.
Open Space
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT �r
R-94-51
Meetin 4-12
g 9
April 27, 1994
'AGENDA ITEM
Agreement for Patrol Access Easement on Olive Tree LaneAdUacent to Rancho San Antonio
Open Space Preserve
GENERAL MANAGER'S A '
Authorize the President of the Board to execute the agreement on the District's behalf.
DISCUSSION
In October 1991, the District entered into an agreement to acquire the 280-acre Vidovich
property as an addition to Rancho San Antonio Open Space Preserve. Escrow on the
property closed on January 5, 1993. Soon after the acquisition, adjoining.property owners
on Olive Tree Lane contacted the District expressing concerns over the potential for public
access into the preserve via Olive Tree Lane. The residents had been troubled by parking
and entry into the Vidovich property and related undesirable adtivities for many years in spite
of posted no parking signs and gates and fences to prevent access. Olive Tree Lane is a
subdivision on a private road located off Magdalena Avenue on the northeast end of the
former Vidovich property. The 13 lot subdivision is located in unincorporated Santa Clara
County, although the homes have Los Altos Hills addresses.
On January 30, 1993, District staff met with the Olive Tree Lane residents on-site to begin a
dialogue to address the concerns about public access. While'the District wanted to continue
the patrol access it had used for a number of years, a right that ran with the Vidovich. -
property acquisition, the residents wanted assurance and assistance against public access into
the preserve via their street. At the January meeting, staff clarified that the District did not
want to encourage public access through this area (see report lk 92-28 of February 10, 1993).
A February 5, 1993 follow-up letter to the neighbors from the Planner Manager was copied
to the Board. At its February 10, 1993 meeting, the Board adopted the preliminary use and
management plan for the Vidovich property addition to Rancho San Antonio Open Space
Preserve (see report R-92-28). The meeting with the residents.was discussed, including the
staff s reassurance to the neighbors that public access was not intended and would be
discouraged.
At the residents' request, the District's research attorney provided an analysis of the
District's rights of access over Olive Tree Lane and the street's position relative to public
330 Distel Circle • Los Altos, California 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485
• Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit
General Manager:L.Craig Britton
1
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access. This analysis indicated that the District had established patrol/maintenance access
rights both through prior use and through the acquisition of the adjacent property. The
analysis did not support the resident's assertion that there was no potential right of public
access; however, in both the analysis and in subsequent discussions with the residents, it was
recognized that public access via Olive Tree Lane is not practical or desirable from either
parry's standpoint.
Over the past year, District staff have cooperated with Olive Tree Lane residents on two
projects to resolve the access situation. The District cooperated with the residents in the
installation of a new fence and gate to replace the existing deteriorated and damaged fence
and gate. The District contributed funds equivalent to a standard District vehicle gate toward
the cost. The new gate and fence are the property and maintenance responsibility of the
residents. The District will benefit because the old gate was difficult for rangers to open and
close. The District has placed signs on the new gate that indicate that this is not a public
entry point and gives alternate locations. Also;-the District's draft brochure for the Rancho
San Antonio Open Space Preserve does not indicate Olive Tree Lane or other neighborhood
points m order to divert the public to the formal preserve entrances.
�
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District staff also cooperated with Olive Tree Lane residents in preparing the attached
agreement to formally record the District's right of patrol access, and to "avoid enlargement
j of public use" of Olive Tree Lane by persons accessing the preserve. Residents of Olive
Tree Lane have a pedestrian access gate to which they and their guests will have keys.
Although there was early discussion of allowing other local residents to "buy-in" to the
access by paying a fee, residents on the street have now agreed that this is impractical and
inappropriate.
The attached agreement was reviewed by District legal counsel.
Prepared by:
Randy Anderson, Planning Manager
Contact person:
Same as above
I
EASEMENT DEED
THIS AGREEMENT is made and entered into this day of
ASri 1 , 1994, by and between the undersigned individuals, hereinafter
referred to as "OLIVE TREE OWNERS" and the MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT, hereinafter referred to as "DISTRICT."
I
WITNESSETH
WHEREAS, DISTRICT is the owner of certain parcels of land including those
commonly known as Santa Clara County Assessor's Parcel Numbers
336-33-012
336-34-014
351-08-001
351-08-002
which are collectively identified as "Parcel One" on the map labeled Exhibit "A" as
attached hereto and by this reference made a part hereof; and
WHEREAS, OLIVE TREE OWNERS are the owners of those certain parcels of
land commonly known as Santa Clara County Assessor's Parcel Numbers
336-35-057
336-35-084
336-35-060
336-35-061
336-35-056
336-35-062
336-35-063
336-35-090
336-35-064
336-35-089
336-35-053
336-35-052
336-35-065
which are collectively identified as "Parcel Two" on said Exhibit "A;" and
WHEREAS, the Olive Tree Owners assert that the road is their private property
and dispute the right of the DISTRICT to use an existing road through the parcel for
maintenance, repair and patrol;
i wish to facilitate the patrol b the
h parties p Y
WHEREAS, b this Agreement, the pa
WH Y 9
District but do not intend to create any new burdens relating to the existence,
maintenance, or repair of the road;
WHEREAS, DISTRICT and OLIVE TREE OWNERS each desire to resolve their
differences by setting out the scope of DISTRICT's use in writing;
NOW THEREFORE, for valuable consideration, receipt of which is hereby
acknowledged, OLIVE TREE OWNERS and DISTRICT mutually agree as follows:
i'
1. Easement. OLIVE TREE OWNERS shall convey to DISTRICT and DISTRICT
hereby accepts from OLIVE TREE OWNERS the following interest in Parcel Two:
A non-exclusive easement for patrol, maintenance and repair of Parcel One for
vehicles of DISTRICT officers, employees, contractors and agents. The
easement shall be 20 feet in width and shall follow the approximate alignment of
the existing road over Parcel Two commonly called Olive Tree Lane through said
Parcel Two as delineated on Exhibit A, hereinafter called the Roadway Easement.
2. Relocation of Road. DISTRICT understands that OLIVE TREE OWNERS may
desire to change the location of the Roadway Easement and agrees to such
relocation, provided that the points of entry and exit remain substantially
unchanged. Any such relocated Roadway Easement shall be as good or better
than the existing Roadway Easement at least 20 feet wide and at least equal in
condition. Any and all costs associated with such relocation, including any
surveying and recording costs, shall be the responsibility of OLIVE TREE
OWNERS. When OLIVE TREE OWNERS have received necessary governmental
approvals for any proposed relocation of the Roadway Easement, DISTRICT
agrees to effect such relocation by executing any reasonably necessary
documents (the Easement Deed), in accordance with Olive Tree Owners' survey,
which describe the Roadway Easement in particularity.
It is further understood and agreed that the Map ("Exhibit "A") shall be an
acceptable representation of the Roadway Easement to be conveyed to
DISTRICT until such time as a survey shall be completed and the legal
description recorded as a part of the Easement Deed as provided above. The
recorded legal description will then merge with and be incorporated into this
superseding and replacing the Map of the Roadway
Easement Deed thus p g P 9
Easement being conveyed to the DISTRICT.
3. Maintenance and Construction Costs. Neither party shall be required to
maintain or upgrade the Roadway Easement for the other party's use or
purposes or for the use or purposes of any third party.
4. Gates. Costs of repair and maintenance of gates will remain with the party
originally installing the gate, or as mutually agreed in writing. Each party may,
at their election and expense, install a lock on the other party's gate. The party
installing the lock shall provide the combination or key, as appropriate, to the
other parties.
5. Avoidance of Enlargement by Public Use. DISTRICT agrees that the existing
road is private property subject to this easement and DISTRICT will post the gate
closest to the boundary between
DISTRICT lands and those of OLIVE TREE
OWNERS, advising that the property is private an
d that trespassing is
prohibited.
The DISTRICT will not promote or encourage use of the roadway by the public.
The parties will cooperate in keeping entry and exit gates closed and locked.
6. Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original, and when executed, separately or
together, shall constitute a single original instrument, effective in the same
manner as if the parties had executed one and the same instrument.
i
I
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their duly authorized officers to be effective as of the date of final execution by
DISTRICT in accordance with the terms hereof.
MIDPENINSULA REGIONAL OPEN OLIVE TREE OWNERS
SPACE DISTRICT (provide written name, address,
APN and signature)
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�-PIL : 33l0-35-053
APPROVED AND ACCEPTED: FA p o V hedq Z J jA A-
Pr i t, Board of Directors MOO
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' LEGEND
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EXHIBIT A 1�
Scale: 1" = Approximately 140' North
April 1994
Midpeninsula Regional
Open Space District
R-09-87
Meeting 09-21
July 8, 2009
AGENDA ITEM 4
AGENDA ITEM
Issuance of Owner's Letter of Concurrence for Peninsula Open Space Trust to Construct the
Council Circle at Mindego Meadow in Russian Ridge Open Space Preserve
LEGISLATIVE, FUNDING AND PUBLIC AFFAIRS COMMITTEE
RECOMMENDATIONS
1. Authorize the General Manager to issue an Owner's Letter of Concurrence to San Mateo
County to allow Peninsula Open Space Trust to construct the Council Circle at Mindego
Meadow in Russian Ridge Open Space Preserve.
2. Authorize the General Manager to issue a Permit to Enter to Peninsula Open Space Trust
and its authorized agents for construction,of the Council Circle at Mindego Meadow in
Russian Ridge Open Space Preserve.
SUMMARY
POST is seeking an Owner's Letter of Concurrence from the District to facilitate the timely
receipt of County permits and subsequent construction of the Council Circle at Mindego
Meadow in Russian Ridge Open Space Preserve. Staff supports the concept and design of the
Council Circle, including the recently redesigned trailhead sign, which will blend well into the
surrounding landscape as required in the Mindego Ranch purchase agreement.
DISCUSSION
Background
The Midpeninsula Regional Open Space District (District) Board of Directors approved the
purchase of Mindego Ranch from Peninsula Open Space Trust (POST) in March 2008 (see
Report R-08-38). In the purchase agreement, POST reserved the right to recognize significant
supporters with a Donor Recognition Site to be located near the existing barn and outbuildings
on the property (see exhibit A). A conceptual rendering of the Donor Recognition Site was
included as exhibit G of the purchase agreement. The covenant in the purchase agreement states:
"Such Recognition Site...shall be identified in an unobtrusive manner consistent
with the purpose for which District is acquiring the Property including the
preservation of public open space, agriculture, and natural habitat. Any and all
costs associated with the construction, installation, repair and maintenance of such
Recognition Site...shall be borne by POST."
t
R-09-87 Page 2
Since execution of the purchase agreement, the District and POST have pursued the
following actions in support of the Donor Recognition Site, now known as the Council
i Circle:
i
I
July 2008 District takes ownership of Mindego Ranch.
i
August 2008 District's General Manager and POST's President visit property and
discuss conceptual Council Circle design; POST continues to work
with its landscape architect to finalize design.
December 2008 POST requests information on District trail construction standards.
March 2009 District receives a plan set and POST schedules a site visit to solicit input.
On March 18, 2009, after reviewing the plans and meeting with POST's Project Manager, the
District submitted a memo to POST with recommended edits and comments on the proposed
design. The recommendations and comments fell into five categories: grading and drainage,
materials, maintenance, aesthetics, and CEQA requirements. POST responded via memos on
April 21, 2009 and May 20, 2009, addressing the majority of the District's concerns. However,
two design elements remained unresolved: the size and the location of the trailhead sign. District
staff was concerned that the sign, given the proposed height and location, would not blend into
the landscape in an unobtrusive manner, as required in the purchase agreement.
Pending final agreement on the details of the sign, the District submitted an Owner's Letter of
Conditional Concurrence to San Mateo County on May 28, 2009 to avoid permitting and
construction delays for POST. The letter stated that the District's consent is "conditional upon
coming to mutual agreement with POST regarding potential modifications to reduce the visual
impact of the trailhead sign."
In June 2009, District and POST staff met and agreed on modifications to the trailhead sign.
Staff is pleased with the revised sign design, as it will blend well into the landscape and is
consistent with other interpretive signs located elsewhere on District lands.
Council Circle Design
The final design of the Council Circle is consistent with the conceptual rendering of the Donor
Recognition Site included as exhibit G of the purchase agreement. Major components of the
design include the following(see exhibit B):
• Entrance
o Decomposed granite trailhead adjacent to the main ranch road
o 4-foot tall, angled, interpretive-style trailhead sign with rusted steel frame and
aluminum inset panel
• Approach Path
o 260-foot long, 4-foot wide decomposed granite trail between the ranch road and
Council Circle
• Council Circle
0 25 '/2-foot diameter concrete circle with solar and directional markers
0 1 1/2-foot tall engraved limestone donor recognition wall along circle perimeter
0 2'/2-foot tall donor attribution sign with rusted steel frame and aluminum inset
panel
o Semi-circular terraces planted with native flowers
R-09-87 Page 3
FISCAL IMPACT
POST's construction of the Council Circle at Mindego Meadow will not result in any direct
fiscal impacts to the District. Per the purchase agreement, "Any and all costs associated with the
construction, installation, repair and maintenance of such Recognition Site...shall be borne by
POST."
PUBLIC NOTICE
Public notice was provided as required by the Brown Act. POST was also notified of this item.
CEQA COMPLIANCE
This project consists of the construction of the Council Circle at Mindego Meadow in Russian
Ridge Open Space Preserve.
In March 2008, District staff prepared an Initial Study and Mitigated Negative Declaration
(ISMND) and Mitigation Monitoring Program(MMP) for the purchase of the Mindego Ranch
property (see R-08-38). The POST Donor Recognition Circle was identified as an
implementation action in the project description that was analyzed under the California
Environmental Quality Act (CEQA) at that time. Since the Mindego Ranch property lies within
the Coastside Protection Area, the ISMND incorporates the policies and mitigation measures that
were developed for the Coastside Service Plan. Any additional project-specific mitigation
identified for this project and the Mindego Ranch purchase was included in the MMP. Together,
the ISMND and MMP identify mitigation measures to reduce environmental impacts to a less-
than-significant level. POST has been made aware of these documents and will incorporate the
mitigation measures throughout the design, implementation and maintenance of the new
improvements, which District staff will monitor to ensure compliance.
NEXT STEPS
If authorized by the Board, the General Manager will issue an Owner's Letter of Concurrence to
San Mateo County on July 9, 2009. The Council Circle project will then proceed through the
County permitting process. The District will continue to work with POST to prepare for the
construction phase of the project, which is anticipated to begin in early September 2009 and end
by October 15, 2009.
Attachments:
Exhibit A: Council Circle Site Map
Exhibit B: Concept Design Development Drawing
Prepared by:
Andrea Christenson, Open Space Planner I
Contact person:
Andrea Christenson, Open Space Planner I
Graphics prepared by:
Andrea Christenson, Open Space Planner I
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Exhibit B: Concept Design Development Drawing
Midpeninsula Regional
• ' I Open Space District
R-09-80
Meeting 09-21
July 8, 2009
AGENDA ITEM 5
AGENDA ITEM
Determination that the Recommended Actions are Categorically Exempt from the California
Environmental Quality Act and Award a Contract to Golden State General Engineering for the
Fletscher Demolition and Site Cleanup at Sierra Azul Open Space Preserve.
GENERAL MANAGER'S RECOMMENDATIONS
1. Determine that the recommended actions are categorically exempt from the California
Environmental Quality Act (CEQA) as set out in this report.
2. Authorize the General Manager to execute a contract with Golden State General
Engineering for the bid amount of$29,500, plus an additional $21,900 for alternate bid
items and contingency, for a total amount not to exceed $51,400 for the Fletscher
Demolition and Site Cleanup at Sierra Azul Open Space Preserve.
SUMMARY
In December 2000, the Board of Directors approved the purchase of the Fletscher property as an
addition to the Sierra Azul Open Space Preserve. The seller retained a 7-acre life estate that was
transferred in 2007 to the District following Mr. Fletscher's death. At the time of acquisition, the
Board of Directors determined that all existing structures and accumulations would be removed
upon termination of the life estate. The Fletscher Demolition and Site Cleanup Project Bid
Package was released on June 1, 2009 and 4 bids were opened on June 26, 2009. Staff
recommends awarding the contract to the lowest bidder, Golden State Engineering, for a total
amount of$51,400, which includes $21,900 for alternate bid items and contingency. The
FY2009-10 budget for the Project is $95,200.
DISCUSSION
Background
At the December 20, 2000 regular meeting, the Board of Directors approved the purchase of the
40-acre Fletscher property as an addition to the Sierra Azul Open Space Preserve (see Report R-
00-158). The property is located west of Twin Creeks, on the south side of Bald Mountain and is
'R-09-80 Page 2
bisected by Herbert Creek. The seller retained a 7-acre life estate that was transferred in 2007 to
the District following Mr. Fletscher's death.
At the time of acquisition, the Board of Directors determined that all existing structures and
accumulations would be removed upon termination of the life estate (see Report R-00-158).
Numerous structures and extensive debris remain on the property, including house trailers, a
manufactured home, shop and storage buildings, campers, small accessory structures, various
building materials, obsolete equipment, and inoperative automobiles.
In preparation for award of the demolition and removal contract, staff first contracted with
Clearwater Environmental Mgmt Inc. in May 2008,to properly remove and dispose of
transportable hazardous materials on the property except for building materials likely to contain
asbestos. Staff then contracted with Isotech Environmental Corporation in March 2009, to
conduct a through asbestos investigation of the structures. Asbestos was confirmed to be present
in vinyl flooring and roofing tar. Staff is currently obtaining asbestos abatement estimates,
which are expected to be under$10,000 and will be under separate contract with the selected
specialty contractor. Asbestos abatement will take approximately two days and will be
completed prior to commencement of the demolition contract. However, the overall project,
including the separate hazardous removal contract, is subject to the California Environmental
Quality Act(CEQA) determination discussed below.
Demolition and Site Cleanup Contract
The contract scope of work includes demolition, site clearing and removal of all existing
structures, contents of structures, removal of drainage structures, additional site materials and
associated debris and the abandonment of septic tanks or seepage pits within the approximately three
(3)acre work area within the former Fletscher life estate. The contract also includes minor grading
and re-contouring of structure pads and installation of erosion control. Staff estimated the
contracted work would cost $55,500. Because of the uncertainties arising from buried items,
including septic and seepage disposals sites, staff included an additive and deductive component
to the bid package. Staff does not believe the standard 20% contingency of$5,900 will be
adequate to resolve all potential issues with buried items and therefore recommends authorizing
an additional $16,000 for alternate bid items beyond the twenty percent(20%) general
contingency for a total contingency of$21,900. The total authorized contract amount of$51,400
is still below the project estimate of$55,500.
The bidding process commenced on June 1, 2009. Bid packages were sent to twenty-five (25)
local contractors and five 5 builder's exchanges. A legal notice was posted in the Sa
n Jose
( g g
Mercury News. An Invitation to Bid was posted to the District website. A mandatory pre-bid
meeting was held on June 10, 2009 that was attended by fourteen (14) contractors. Bid submittal
directions, including bid form instructions and submittal deadlines, were reviewed during the
pre-bid mandatory meeting to help reduce the possibility of disqualified bids. Sealed bids were
due on June 26, 2009. Four(4) bids were received as shown in the following table, and Golden
State General Engineering was announced as the apparent low bidder:
Percent Difference
Bidder Location Total Bid from Cost Estimate of
$55,500
1. Golden State General Engineering San Jose $29,500 -47%
2. George Bianchi Construction,Inc. San Jose $67,377 +21%
f
R-09-80 Page 3
3. Casey Construction Emerald Hills $94,110 +70%
4. Randazzo Enterprise, Inc. Castroville $179,600 +224%
Staff reviewed the past experience and references provided by Golden State General Engineering
and found them to be a responsive and responsible bidder. Their work has focused on
demolition, grading and asphalt work. References have been positive and confirm that Golden
State General Engineering has the necessary experience to complete the Fletscher Demolition
and Site Cleanup Project.
FISCAL IMPACT
At the March 25, 2009 regular meeting, the Board of Directors approved the FY2009-10 Action
Plan and Budget (see Report R-09-42), which included the Fletscher Demolition and Site
Cleanup Project as a Key Project with a total budget of$95,200. To date, $95,200 remains, of
which $51,400 will be used for the demolition contract. The remaining project funds will cover
the costs for the asbestos abatement and equipment rentals needed for District crews to conduct
any finishing work to return the former Fletscher property to a more natural condition.
PUBLIC NOTICE
Public notice was provided as required by the Brown Act. No additional notice is required.
CEQA COMPLIANCE
At the December 20, 2000 regular meeting, the Board of Directors determined that upon
termination of the Fletcher life estate all remaining residential structures and debris would be
removed and the area returned to a natural condition (see Report R-00-158). It was determined
at that time that the acquisition and anticipated demolition project were exempt from the
California Environmental Quality Act under Article 19, Section 15301(1)(4). Due to the lengthy
passage of time since that determination, and the potential that new materials may have
accumulated on the site during Mr. Fletcher's remaining Life Estate tenure, District staff again
reviewed the potential for significant environmental impacts from the demolition and site
clearance project.
The District now concludes that the project is categorically exempt from the California
Environmental Quality Act (CEQA) under Guidelines Article 19, Section 15301(1)(1) and (4),
which exempts the demolition and removal of single family residences and their accessory
structure including fences, patios, and garages and under Section 15304 (Class 4 Minor
Alterations to Land), which exempts minor public or private alterations in the condition of land,
water, and/or vegetation that do not involve removal of mature, scenic trees. The District further
concludes that the asbestos abatement is also categorically exempt under CEQA Guidelines
Sections 15330 (Minor Actions to Prevent, Minimize, Stabilize, Mitigate, or Eliminate the
Release or Threat of Release of Hazardous Waste of Hazardous Substances), which exempts
minor cleanup actions taken to eliminate the release of a hazardous waste or substance
R-09-80 Page 4
NEXT STEPS
Upon Board authorization, the General Manager will enter into a contract with Golden State
General Engineering who shall be given Notice to Proceed. A pre-construction meeting will be
held within ten calendar days of the Notice after which construction will commence. The project
is scheduled for completion on September 11, 2009.
Attachments:
Exhibit A: Fletscher Location
Prepared by:
Gretchen Laustsen, Planning Technician
Contact person:
Gretchen Laustsen, Planning Technician
Graphics prepared by:
Gretchen Laustsen, Planning Technician
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Open Space Preserve
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Exhibit A: Fletscher Demolition and Site Cleanup
• Project Location
July 2009
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' Midpeninsula Regional
' Open Space District
i
R-09-88
Meeting 09-21
July 8, 2009
AGENDA ITEM 6
AGENDA ITEM
Approval of Salary Adjustments and Amended Employment Agreements for the Board Appointees:
General Manager, General Counsel and District Controller.
AD HOC BOARD APPOINTEE EVALUATION COMMITTEE'S RECOMMENDATIONS
1. As a result of the Board's evaluation of the performance of the District's Board Appointees for
Fiscal Year 2009-10, the Ad Hoc Board Appointee Evaluation Committee recommends a 2.5
percent cost-of-living salary adjustment for the General Manager and General Counsel and a
salary adjustment of$1,459.40 for the District Controller.
2. Adopt the attached resolutions approving the salary adjustments set out in Recommendation 1
and authorizing the Board President to execute the attached Employment Agreements.
DISCUSSION
This year, the Board worked with the Ad Hoc Board Appointee Evaluation Committee to establish a
more structured and updated evaluation process for its Appointees. The Board implemented this
process and completed its annual evaluation of the performance of its Board Appointees at its
May 27, 2009 meeting. The Board was pleased with the performance of its Appointees during the last
fiscal year and resulting success on District programs and projects carried out as part of their duties.
i
The Ad Hoc Board Appointee Evaluation Committee was instructed to serve as the District's
negotiator and met with the Appointees to discuss their performance and compensation. As a result
of the Board's performance evaluation, the Board determined to provide the General Manager and
General Counsel with a 2.5 percent cost-of-living salary increase for Fiscal Year 2009-10.
Accordingly, the proposed adjustments are the 2.5 percent cost-of-living adjustments described in this
report and a salary increase of$1,459.40 for the District Controller.
Two other adjustments to the General Manager's agreement are appropriate for legal reasons:
1)the deletion of the previous Section 3 (1) of the General Manager's Employment Agreement
providing for relocation assistance, since the General Manager has already relocated; and 2) the
R-09-88 Page 2
insertion of the correct language in new Section 3 (I) regarding reporting the share of employee
PERS contribution paid by the District on behalf of its Appointees (6% is paid by the District for its
Appointees as it does for all employees) as special compensation under PERS. This language is in all
Board Appointee agreements pursuant to prior Board approval. It was inadvertently omitted when the
current General Manager's contract was negotiated last year. All. Board Appointees must have the
same provision in their employment agreements and this revision will bring the General Manager's
agreement back into legally required consistency.
The Board is very pleased with its Appointees' performance during the past year. However, given
the current challenging fiscal position of all local governments, the Board determined that it was
appropriate to defer consideration of any potential meritorious pay award provided for in its
Appointees' employment agreements until a future time.
FISCAL IMPACT
A minor change has been made to all the agreements so that there is consistency regarding the period
during which annual salary is paid. The Controller and General Manager's previous agreements
provided an annual salary by calendar year, while the General Counsel's agreement was based on an
annual salary consistent with the District's fiscal year. The agreements have been standardized to
provide that all Board Appointees' annual salaries commence at the beginning of the District's fiscal
year, April 1st. The only fiscal impact of this change, if approved, would be that the General
Manager's COLA would be retroactive to April 1st, consistent with other employees, rather than his
initial hire date of April 14`", at a cost of$142.78.u
PUBLIC NOTICE
All public noticing requirements of the Brown Act have been met. No additional notice is necessary.
CEQA COMPLIANCE
This item is not subject to the California Environmental Quality Act.
NEXT STEPS
If approved, the employment agreements will go into effect July 8, 2009, with salary adjustments
effective April 1, 2009.
Attachments:
1. Resolution Approving Salary Adjustment and Amended Employment Agreement for the
General Manager
2. Resolution Approving Salary Adjustment and Amended Employment Agreement for the
General Counsel
3. Resolution Approving Salary Adjustment and Amended Employment Agreement for the
District Controller
R-09-88 Page 3
Submitted by:
Ad Hoc Board Appointee Evaluation Committee
(Directors Hanko, Cyr and Riffle)
Contact person:
Curt Riffle, Chair
I
I
RESOLUTION NO. 09-
A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT APPROVING A SALARY ADJUSTMENT AND
AMENDED EMPLOYMENT AGREEMENT FOR THE
DISTRICT GENERAL MANAGER
WHEREAS, effective April 14, 2008, the Board of Directors of the Midpeninsula
Regional Open Space District entered into a District General Manager Employment Agreement
("Agreement") with Stephen E. Abbors, employing him as the District's General Manager; and
WHEREAS, the Agreement provides for an annual review of the General Manager's
performance, which the Board has completed; and
WHEREAS, the Board, based on its annual review of the General Manager's
performance, desires to grant him a 2.5 percent cost-of-living adjustment to his annual salary;
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the
Midpeninsula Regional Open Space District does grant the General Manager by adoption of this
resolution a 2.5 percent cost-of-living adjustment to his annual salary, retroactive to April 1,
2009 for Fiscal Year 2009-10 and authorizes the President of the Board of Directors or other
authorized Board Officer to execute the attached District General Manager Employment
Agreement.
DISTRICT GENERAL MANAGER EMPLOYMENT AGREEMENT
This Employment Agreement ("Agreement") is made and entered into this 8th day of July 2009
by and between Midpeninsula Regional Open Space District, a California public agency
("District"), and. Stephen E. Abhors ("General Manager").
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Designation of District General Manager
I
Effective April 14, 2008, Stephen E. Abhors is appointed and employed as General
Manager of the District.
2. Essential Powers and Duties
A) The General Manager's powers and duties shall be as specified in Sections 5538
and 5549 of the Public Resources Code of the State of California; and
B) All duties, powers, and responsibilities as provided in the District Personnel
Policies and Procedures Manual ("Manual"); and
C) Such other duties as the Board of Directors may direct consistent with the
District's enabling legislation; and
D) The General Manager shall perform his duties and exercise his powers consistent
with due diligence, according to the highest and most professional standards, and
in compliance with all federal, state and local laws, ordinances, rules and
regulations which are applicable to or associated with the performance of such
duties.
3. Compensation and Benefits
Compensation and benefits shall be according to the terms and conditions set out in the
Manual, except as set forth herein.
A Salary. As compensation for the services to be performed hereunder, the General
�� p
Manager shall receive an annual salary at the rate of $169,124.80, effective
April 1, 2009.
B) Performance Review and Annual Salary Adjustment. The Board of Directors
("the Board") shall perform an initial performance review six months after the
commencement of the General Manager's employment. Thereafter, the Board
shall at least annually review the General Manager's performance and may review
his performance at any time as determined necessary and appropriate by the
Board. At the time of the annual performance review, the parties may propose to
modify or amend this Agreement and the Board may consider an annual salary
District General Manager Page 2
Employment Agreement
adjustment for the General Manager. Any such annual salary adjustment shall be
effective on April I".
C) Meritorious Pay. The Board may grant the General Manager a meritorious pay
award, ranging from 0% to 5%, over and above the General Manager's annual
salary and in addition to consideration of a possible annual salary adjustment.
Such meritorious pay award shall be based upon the Board's annual review of the
General Manager's performance. The evaluation shall be based upon criteria and
objectives to which the Board and the General Manager have mutually agreed.
Meritorious Pay shall not be a salary adjustment, but rather recognition for
performance during the previous year of service.
I
D) Vacation, Holiday, and Sick Leave. Upon commencement of his employment, the
General Manager shall be credited with forty (40) hours of vacation leave and
forty (40) hours of sick leave. Thereafter, the General Manager shall earn vacation
leave at the rate of a regular full time employee with 10-14 years of service
(equivalent to 20 days per year) in accordance with the Manual. The General
Manager shall also earn holiday, personal, administrative and sick leave at the
current rate of accrual for Department Managers in accordance with the Manual.
After the one-year anniversary date of the General Manager's employment, the
General Manager may elect to cash-out up to eighty (80) hours of accrued
vacation leave in any calendar year.
E) Retirement Plan. The District contracts with the California Public Employees'
Retirement System (PERS) to provide its employees the Local Miscellaneous
2.5% at 55 retirement plan ("the Plan"). The District shall pay all but 2% of the
General Manager's required 8% contribution to PERS, resulting in an Employer
Paid Member Contribution ("EPMC") of 6% and will pay the District's employer
contribution in accordance with the District's Plan.
F) Mileage Allowance. The District shall pay the General Manager an in-lieu mileage
allowance calculated at the rate of $400.00 per month in recognition of the
significant use of his private vehicle for District business.
G) Benefit Plans. The District shall pay the full premium for the General Manager
and his dependents for enrollment in any medical insurance plan offered by the
District. The District shall also provide dental, vision, life insurance, and other
benefits available to management employees in accordance with the Manual and
as approved by the Board of Directors from time to time, including, but not limited
to, participation in the sick leave conversion program. The District will also
provide the cafeteria plan in accordance with Internal Revenue Code Section 125
as provided in the Manual.
H) Membership and Conferences. The District shall pay for the General Manager's
membership or participation in the National Recreation and Parks Association
(NRPA), the California Parks and Recreation Society (CPRS), the California
District General Manager Page 3
Employment Agreement
Association of Regional Park and Open Space Administrators (CARPOSA), and
such other organizations and conferences as may be approved by the District
Board, in additional to any membership payments offered to employees in the
Manual.
I) Special Compensation. The District shall report the value of EPMC to PERS as
special compensation. The full terms of the attached District Resolution
implementing this provision are incorporated herein by reference. In the event that
for any reason PERS disallows any of General Manager's salary or compensation
to be included in the calculation of the value of the General Manager's retirement
benefit, the General Manager shall have no claim or recourse of any kind against
the District.
I
4. Severance Pay
In the event that the District terminates the General Manager's employment for reasons
other than cause, the Board shall compensate the General Manager in the amount equal to
six (6) months' compensation based upon the General Manager's salary as of the date of
termination. As used in this Section, "cause" shall mean malfeasance, commitment of an
illegal act or current substance abuse. A termination for cause shall also include an
agreement by the District that the General Manager may resign in lieu of termination for
cause.
5. Termination
The General Manager may terminate this Agreement upon sixty (60) days' written notice
to District. In the event the General Manager resigns or retires, he shall not be entitled to
any severance pay as set out in Section 4 of this Agreement. The General Manager is an
at-will employee serving at the pleasure of the District Board of Directors and may be
discharged at any time without cause, subject to the provisions of Section 4 hereinabove.
There is no express or implied promise made to the General Manager of continued
District employment.
6. Entire Agreement
This instrument and the attached resolution regarding PERS contain the entire agreement
of the parties and may be changed only by an agreement in writing signed by the parties
hereto.
7. Effect of Waiver
No waiver by a party of any provision of this Agreement shall be considered a waiver of
any other provision or subsequent breach of the same or of any other provision, including
the time for performance of any such provision. The exercise by a party of any remedy
provided in this Agreement or at law shall not prevent the exercise by that party of any
other remedy provided in this Agreement or at law.
District General Manager Page 4
Employment Agreement
8. Amendment
No amendment, alteration, or variation in the terms of this Agreement is valid unless
made in writing and signed by both parties.
9. Notices
Any notices to be given by either party to the other shall be made in writing, by either
personal delivery or by mail, registered or certified, postage prepaid, with return receipt
requested. Notices delivered personally shall be deemed received as of actual receipt;
mailed notices shall be deemed received as of five days after the date postmarked.
Mailed notices shall be addressed to the respective parties as follows:
To the District: Midpeninsula Regional Open Space District
Attention: President, Board of Directors
330 Distel Circle
Los Altos, CA 94022
To the General Manager: Stephen E. Abhors, General Manager
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
IN WITNESS WHEREOF, the parties hereto have executed this Employment Agreement
effective this 8th day of July 2009 at Los Altos, California.
MIDPENINSULA REGIONAL OPEN GENERAL MANAGER:
SPACE DISTRICT:
By:
Nonette Hanko, President Stephen E. Abbors
Date: Date:
ATTEST: APPROVED AS TO FORM:
Anna Jatczak, Interim District Clerk Susan Schectman, General Counsel
RESOLUTION NO. 09-
A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT APPROVING A SALARY ADJUSTMENT AND
AMENDED EMPLOYMENT AGREEMENT FOR THE
DISTRICT GENERAL COUNSEL
1
WHEREAS, effective March 26, 2008,the Board of Directors of the Midpeninsula
Regional Open Space District entered into a District General Counsel Employment Agreement
("Agreement") with Susan M. Schectman, employing her as the District's General Counsel; and
WHEREAS, the Agreement provides for an annual review of the General Counsel's
performance, which the Board has completed; and
WHEREAS, the Board, based on its annual review of the General Counsel's
performance, desires to grant her a 2.5 percent cost-of-living adjustment to her annual salary;
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the
Midpeninsula Regional Open Space District does grant the General Counsel by adoption of this
resolution a 2.5 percent cost-of-living adjustment to her annual salary retroactive to April 1, 2009
for Fiscal Year 2009-10 and authorizes the President of the Board of Directors or other
authorized Board Officer to execute the attached District General Counsel Employment
Agreement.
I
I
i
DISTRICT GENERAL COUNSEL EMPLOYMENT AGREEMENT
This Employment Agreement ("Agreement") is entered into this 8"' day of July 2009, by and
between Midpeninsula Regional Open Space District, a California public agency ("District"),
and Susan M. Schectman ("the General Counsel").
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Designation of District General Counsel
SUSAN M. SCHECTMAN is appointed and employed as legal counsel for the District.
The designation of the position is General Counsel.
2. Essential Duties
The General Counsel shall perform her duties consistent with due diligence, according to
the highest and most professional standards, and in compliance with all federal, state and
local laws, ordinances, rules and regulations which are applicable to or associated with
the performance of such duties.
A. Administrative Duties
1) The General Counsel shall attend all regular and special meetings of the
District Board of Directors as needed. The General Counsel's duties in
this connection shall be to render advice and opinions with respect to
legal matters which may arise during such meetings, except legal matters
which may pertain to proceedings wherein specialized legal services are
to be provided by special counsel or which do not fall within the General
Counsel's scope of duties.
2) The General Counsel shall also attend meetings of committees and staff
of the District when requested to do so by the District Board of Directors
or the District General Manager.
3) When requested to do so by the District Board of Directors or District
General Manager, the General Counsel shall prepare and review
resolutions, notices, contracts, leases, ordinances and other legal
documents and papers in matters pertaining to the District, and shall also
examine for legal sufficiency all documents submitted to her by the
District.
4) The General Counsel shall perform legal research as required to attend
to the legal needs of the District and shall review legislation and court
decisions to determine their effect upon District affairs.
5) The General Counsel shall cooperate with and assist the District, its
officers, directors, agents and employees on all general legal matters
pertaining to the District, including the enforcement of District laws,
ordinances and codes.
District General Counsel Page 2
Employment Agreement
Counsel shall also perform such other related and
6) The GeneralC
appropriate legal services for the District as may be requested by the
District Board of Directors or the District General Manager.
B. Litigation Duties
When requested to do so by the District Board of Directors the General Counsel
shall represent the District in legal and administrative proceedings to which the
r District may be a party.
3. Acting General Counsel
The General Counsel shall select another person or persons to act as General Counsel to
the District in cases where the General Counsel is unable to act due to illness, vacation or
other reason. The selection of Acting General Counsel shall be subject to the approval of
the District Board of Directors where the appointment exceeds three weeks.
4. Limitation on Duties
A. The General Counsel's position shall be full time and her regular work hours shall
be generally 40 hours of service per week, including attendance at Board or Board
Committee meetings.
B. It is recognized that the District normally contracts with special counsel in certain
matters pertaining to the District, such as labor relations, worker's compensation,
general liability and bond issues. In the event legal services are provided by
special counsel, the General Counsel will be responsible for general oversight in
such cases to ensure the District is effectively represented and for providing
general legal assistance and support to the special counsel as needed.
5. Compensation and Benefits
A. As compensation for the services to be performed hereunder, the General Counsel
shall receive an annual salary at the rate of$168,843.74, effective April 1, 2009.
B. Annual Salary Adjustment and Performance Review: The Board shall annually
review the General Counsel's performance. At that time, the parties may propose
to modify or amend this Agreement and the Board may consider an annual salary
adjustment for the General Counsel. Any such annual salary adjustment shall be
effective on April 1$`.
C. Meritorious Pay: The District may grant the General Counsel meritorious pay,
ranging from 0% to 5% over and above the General Counsel's annual salary.
Such meritorious pay shall be based on the Board's annual review of the General
Counsel's performance. Evaluation shall be based upon criteria and objectives to
which the Board and the General Counsel have mutually agreed. Meritorious pay
i
District General Counsel Page 3
Employment Agreement
shall not be a salary adjustment, but rather recognition for performance during the
previous year of service.
D. Benefits: The General Counsel shall receive the benefits available to regular full
time employees of the District including those set out in the District's "Personnel
Policies and Procedures Manual" on the same terms available to these employees,
except for medical insurance coverage of the health plan selected by the General
Counsel for which District will pay the full family premium. The General
Counsel may participate in any District optional benefit plan at her own cost.
E. Retirement Plan: The District contracts with the California Public Employees'
Retirement System ("PERS") to provide its employees the Local Miscellaneous
2.5% at 55 retirement plan ("the Plan"). The District shall pay all but 1% of the
General Counsel's required 8% contribution to PERS, resulting in an Employer
Paid Member Contribution ("EPMC") of 7%, and will pay the District's employer
contribution in accordance with the District's Plan, Effective April 1, 2008, the
District shall pay all but 2% of the General Counsel's required 8% employee
contribution, resulting in EPMC of 6% and will pay the District's employer
contribution in accordance with the District's Plan.
F. Leave: The General Counsel shall earn leave as set forth in the District's
"Personnel Policies and Procedures Manual" and "Administrative Leave Program
for Managers".
G. Mileage Allowance: The General Counsel will be eligible to receive mileage
reimbursement at the applicable District rate for use of her personal vehicle on
District business.
H. Special Compensation. The District shall report the value of EPMC to PERS as
special compensation. The full terms of the attached District Resolution
implementing this provision are incorporated herein by reference. In the event that
for any reason PERS disallows any of General Counsel's salary or compensation
to be included in the calculation of the value of the General Counsel's retirement
benefit, the General Counsel shall have no claim or recourse of any kind against
the District.
6. Termination and Severance Pay The General Counsel may terminate this Agreement
upon forty-five 45 da s written notice to District. District may terminate this Agreement by
pO Y Y g
written notice to the General Counsel at any time. The General Counsel serves at the pleasure of
the District Board of Directors and may be discharged without cause. In the event that the
District terminates the General Counsel's employment for reasons other than malfeasance,
commission of an illegal act, or current drug abuse, the Board shall compensate the General
Counsel in an amount equal to six 6 months' salary as of the date of termination.
q O Y
7. Entire Agreement This instrument and the attached resolution regarding PERS contain
the entire agreement of the parties and may be changed only by an agreement in writing signed
by the parties hereto.
i
District General Counsel Page 4
Employment Agreement
8. Effect of Waiver No waiver by a party of any provision of this Agreement shall be
considered a waiver of any other provision or subsequent breach of the same or of any other
provision, including the time for performance of any such provision. The exercise by a party of
any remedy provided in this Agreement or at law shall not prevent the exercise by that party of
any other oth remedy provided g rovided in this Agreement or at law.
9. Supersedes Prior Agreement This Agreement supersedes any and all previous
employment agreements and amendments thereto entered into by and between the District and
the General Counsel.
10. Amendment No amendment, alteration, or variation in the terms of this Agreement is
valid unless made in writing and signed by both parties.
i
11. Notices: Any notices to be given by either party to the other shall be made in writing by
either personal delivery or by mail, registered or certified, postage prepaid, with return receipt
requested. Notices delivered personally shall be deemed received as of actual receipt; mailed
notices shall be deemed received as of five days after the date postmarked. Mailed notices shall
be addressed to the respective parties as follows:
To the District: Midpeninsula Regional Open Space District
Attention: President, Board of Directors
330 Distel Circle
Los Altos, CA 94022
To the General Counsel: Susan Schectman, General Counsel
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
IN WITNESS WHEREOF, the parties hereto have executed this Employment Agreement
effective this 8`' day of July 2009, at Los Altos, California.
MIDPENINSULA REGIONAL OPEN GENERAL COUNSEL:
SPACE DISTRICT:
By:
Nonette Hanko, President Susan M. Schectman
Date: Date:
ATTEST:
Anna Jatczak, Interim District Clerk
RESOLUTION NO. 09-
A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT APPROVING A SALARY ADJUSTMENT AND
AMENDED EMPLOYMENT AGREEMENT FOR THE
DISTRICT CONTROLLER
i
WHEREAS, effective April 25, 2007, the Board of Directors of the Midpeninsula
Regional Open Space District entered into an Employment Agreement ("Agreement") with
Michael L. Foster, employing him as the District's Controller; and
WHEREAS, on June 25, 2008, the Board approved a First Amendment to the District
Controller's Employment Agreement; and
WHEREAS, the Agreement provides for an annual review of the Controller's
performance, which the Board has completed; and
WHEREAS, the Board, based on its annual review of the Controller's performance,
desires to grant him a salary increase of$1,459.00;
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the
Midpeninsula Regional Open Space District does grant the District Controller by adoption of this
resolution a$1,459.00 increase in the amount of his annual salary retroactive to April 1, 2009 for
Fiscal Year 2009-10 and authorizes the President of the Board of Directors or other authorized
Board Officer to execute the attached District Controller Employment Agreement.
1
,
DISTRICT CONTROLLER EMPLOYMENT AGREEMENT
�
This En/p|oyu'eu</\urcenn �("A
greement") nuudcand entered into U`im8dh day of July 20O9 by and
_
between MNpeninsula Regional Open Space District, u California public agency("D and MichaelL
Foster(^1�untn�U�/`>
| ` ' �
NOW, THEREFORE, [T |S AGREED A8FOLLOWS:
l. Designation of District Controller
� MICHAEL L. FOSTER iuhereby appointed and employed as Controller of the District.
_
Essential Powers and Duties
| /\) The Controller's powers and duties shall beuaspccUfiedin Sections 5538, 5552 and 5553nf
the Public Resources Code o[the State ofCalifornia; and �
�
B) All duties, powers, and responsibilities ua providedin the District Class Specification for this
� position; and
C) Such other duties as the Board of Directors may direct consistent with the District's enabling
legislation; and
CU The Controller shall perform his duties and exercise his powers consistent with due diligence, �
according to the highest and most professional standards, and in compliance with all federal,
state and incu| |uv/m, ordinances, rules and regulations which are applicable 1oorassociated
with the performance of such duties. |
3. Compensation and Benefits
Compensation and benefits shall beae set forth herein.
/\) Salary. As compensation for the services to be performed hereunder, the Controller shall
receive unannual salary u1 the rate of$2U,UO0.00, effective April 1`2009.
B) Annual Salary Adiustment and Performance Review. The Board shall annually review the /
Controller's performance. &/that time, the parties may propose to modify or amend this
Agreement. The Board may consider an annual salary adjustment for the Controller. Any
such annual salary adjustment may retroactively apply tothe beginning of the District's fiscal |
year, April lm
Q Meritorious Pgy. The Board may grant the Controller meritorious pay uvvund, ranging from
� 0%to 5%, over and above the Controller's annual salary and in addition to consideration of a �
� possible annual salary a6ivatnocn{ increase. Such nmedto6ouspay uvvundshall be based oothe
� �,
Bourd`xannual review uf the Controller's performance. Meritorious Pay shall not hcusalary
� adjustment, |
��" �
service which exceeds regular and expected duties, such as complex or time-consurning
� special projects.
D) Benefits. The Controller shall not receive any District benefits. |
z/vzzn./ mo*/'ou/
|
District Controller Page 2
Employment Agreement
4. Retirement Plan. The District contracts with the California Public Employees' Retirement
System (PERS)to provide its employees the Local Miscellaneous 2.5% at 55 retirement plan
("the Plan"). The Controller will be eligible to become a member of the District's Plan upon
working the specified number of hours set out in Government Code Section 20305. The
Controller's membership shall be effective not later than the first day of the first pay period of the
month following the month in which the required number of hours have been worked. In that
event, the District will pay all but 1%of the Controller's required 8%contribution to PERS,
resulting in an Employer Paid Member Contribution ("EPMC") of 7%and will pay the District's
employer contribution in accordance with the District's Plan. Effective April 1,2008,the District
will pay all but 2%of the Controller's required 8%contribution to PERS, resulting in EPMC of
6% and will pay the District's employer contribution in accordance with the District's Plan.
5. Special Compensation. The District shall report the value of EPMC to PERS as special
compensation. The terms of the attached District Resolution implementing this provision are
incorporated by reference into this Agreement. In the event that for any reason PERS disallows
any of Controller's salary or compensation to be included in the calculation of the value of the
Controller's retirement benefit,the Controller shall have no claim or recourse of any kind against
the District.
6. Termination
The Controller serves at the pleasure of the District Board of Directors and may be discharged
without cause and without right of appeal of any kind. The Controller may terminate this
Agreement upon sixty(60)days' written notice to the District.
7. Entire Agreement
This instrument and the attached resolution regarding PERS contain the entire agreement of the
parties and may be changed only by an agreement in writing signed by the parties hereto.
8. Effect of Waiver
No waiver by a party of any provision of this Agreement shall be considered a waiver of any
other provision or subsequent breach of the same or of any other provision, including the time for
performance of any such provision. The exercise by a party of any remedy provided in this
Agreement or at law shall not prevent the exercise by that party of any other remedy provided in
this Agreement or at law.
9. Supersedes Prior Agreements
This Agreement supersedes any and all previous employment agreements and amendments
thereto entered into by and bet
ween the District and the Controller.
10. Amendment: No amendment, alteration, or variation in the terms of this Agreement is valid
unless made in writing and signed by both parties.
11. Notices: Any notices to be given by either party to the other shall be made in writing, by either
personal delivery or by mail, registered or certified, postage prepaid with return receipt requested.
Notices delivered personally shall be deemed received as of actual receipt; mailed notices shall be
deemed received as of five days after the date postmarked. Mailed notices shall be addressed to
the respective parties as follows:
219228.1 M1244-oo12
District Controller Page 3
Employment Agreement
To the District: Midpeninsula Regional Open Space District
Attention: President, Board of Directors
330 Distel Circle
Los Altos, CA 94022
To the Controller: Michael L. Foster, District Controller
Midpeninsula Regional Open Space District
j 330 Distel Circle
Los Altos,CA 94022
IN WITNESS WHEREOF, the parties hereto have executed this District Controller Employment Agreement
effective this 8`'day of July 2009 at Los Altos, California.
MIDPENINSULA REGIONAL OPEN GENERAL MANAGER:
SPACE DISTRICT:
I
i By:
Nonette Hanko, President Stephen E. Abbors
I
Date: Date:
ATTEST: APPROVED AS TO FORM:
Anna Jatczak Interim District Clerk Susan Schectman, General Counsel j
I
i
21922&1 M1244-oo 13
r
' Midpeninsula Regional
' Open Space District
To: Board of Directors
�
From: Stephen E. Abbors, General Manager
Date: July 2, 2009
i
Re: FYI's
Page I of 1
Elaina Cuzick
From: lovemycody@sbcglobal.net
Sent: Friday, June 12, 2009 11:01 AM
To: Elaina Cuzick'(Iv
Cc: rick@parfitt.info; lexhills.sccfiresafe@g mail.com; Julie Andersen
Subject: FYI for the Board re: Defensible Space at Bear Creek Stables
To the MROSD board:
We wanted to give you an update on our preparations for the fire season.
Last year, we invited Darryl Wolf, the battalion chief from Alma Fire Station, and Steve Richmond the Santa Cruz
Horse Evacuation leader to the Bear Creek Stables to help us develop an emergency plan for the horses in the
event of a forest fire. They both agreed that the safest place to put the horses during a fire is in the large arena.
They recommended creating defensible space around the perimeter of the arena and along access roads to the
stable.
Recently, Michael Newburn and Julie Andersen met with us to look at the stable property. They made helpful
suggestions on how to make the stable in general more fire safe and helped us prioritize which areas to work on
first.
We organized a work day and asked the boarders to volunteer a few hours on a Saturday to clear brush. Our
turnout was very good and we gathered an impressive pile of brush.
A special thank you to Julie Andersen, the MROSD Resource Planner, and her friend, Kim for volunteering and
helping us clear on work day. Also we would like to thank Rick Parfitt and Kim Gardner from the Santa Clara
FireSafe Council for donating the chipping services.
Sincerely,
Glenda Smith
F-il
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apenSp ce %At(I,x€rtiwt,I,t i c't;iC'iai t;i'ri in S.t icv()isri t BOARD Of WRECTOR'.;
PrIc ,
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(,or:dy
June 25, 2009
Tom Vlasic, Deputy Town Planner
Town of Portola Valley
' 765 Portola Road
Portola Valley,CA 94028
Re: Preliminary Architectural Review for New Detached Accessory Structures and Conditional Use
Permit(CUP) X7D-169, 555 Portola Road, Neely
Dear Mr. Vlasic:
On behalf of Midpeninsula Regional Open Space District (District), I would like to submit the following
comments regarding the proposed new detached accessory structures and Conditional Use Permit(CUP)
amendment for the property at 555 Portola Road, adjacent to Windy Hill Open Space Preserve. This project
consists of the construction of a proposed greenhouse and entertainment building(cabana),as well as the
approval of an additional 8,000 square feet of floor area for a 4,000 square foot barn and an unspecified
4,000 square feet of additional floor area.
The District owns and manages approximately 57,000 acres of public open space land on the San Francisco
Bay peninsula, including Windy Hill Open Space Preserve, which is approximately 1,300 acres, and located
immediately adjacent to the proposed project site. The District's mission is:
To acquire and preserve a regional greenbelt of open space land in perpetuity;protect and
restore the natural environment,and provide opportunities for ecologically sensitive public
enjoyment and education.
As a neighbor of the project site who is concerned about aesthetic and natural resource impacts of new
development, we respectfully request that the Architectural and Site Control Committee(ASCC) consider the
following comments during its project review:
Aesthetics and Open Space
The greatest potential impact of the project on the recreational use of the District's Windy Hill Open Space
Preserve (Preserve) is the visual impact, as the property is visible from the Preserve. Particularly,the site of
the proposed cabana structure, located on a prominent scenic vista point, appears to be visible from Windy
Hill's Spring Ridge Trail. The District recommends relocating or reorienting the structure to minimize its
visual impact. The structure should be located such that future vegetation clearance for fire protection does
not contribute to the project's visual impact. Selection of exterior and landscaping materials for the proposed
structure should take the natural surroundings into account. Vegetative and earth toned materials are
preferred, and highly reflective surfaces should be particularly avoided. We realize that the current plans for
the cabana do specify materials and colors that are appropriate to the site, and we urge the ASCC to maintain
this quality if project plans change.
I
It Ct }r� �t;r,
.. .�
Vegetation Screening
Given the location of the cabana site as a scenic vista point and its proximity to surrounding open space
lands,vegetation should be carefully selected,ensuring that the species are locally native and resistant to fire.
The District further recommends that any new plantings be arranged in a natural and clustered arrangement
to prevent a "manicured" and unnatural look that is characteristic of linear row plantings.
Potential Impacts to Water Quality
The proposed CUP amendment will result in some road upgrades and grading of building footprints. At the
ASCC's preliminary site tour on June 8, 2009,the applicant stated that the proposed project would require
some road upgrades, and excess fill material would be stored on the property. However,these actions are not
detailed in the architect's plansheets. Large areas of the property, including areas traversed by the road from
the main residence to the cabana,are in areas of known landslides and geologic instability. Improperly
designed road construction or fill storage could result in runoff onto District lands, which would have an
adverse impact on water quality in streams that provide important aquatic habitat. Therefore, the District
requests that the ASCC review the potential water quality impacts from grading and road construction as part
of the project review process.
Fire Safety
The District realizes that, as currently planned,the proposed new structures are all situated within sufficient
setbacks from property boundaries to accommodate the 100-foot defensible space clearance within the actual
private parcel. We urge the ASCC to maintain this condition if there are changes to the plans.
Future Planned Structures
We understand that the proposed CUP amendment includes an additional 8,000 square feet of floor area for
structures whose design, materials,and location have not yet been determined. One structure, a proposed
4,000 square foot barn with capacity for six horses,would be located on one of two sites on the property.
According to the Portola Valley Planning Commission staff report dated June 12, 2009,this barn structure
would require 2,400 feet of corral space to conform to the Town's stable ordinance, which has not been
accounted for in the Impermeable Surface Area for the CUP amendment. In addition, plans for the barn
structure's design,grading, and materials have not been developed yet.The additional 4,000 square feet of
"future"floor area has been even less defined for this CUP. According to the ASCC staff report dated June 18,
2009,the applicant prefers to keep the use of this undefined 4,000 square feet "open and flexible," although
he stated that a 750 square foot guest unit and 1,500+ square foot storage/maintenance building were a
possibility. Given the lack of specificity of the design and materials, number, location, or use of these
structures,the District urges the ASCC not to approve them as part of the CUP amendment at this time, but to
require a future CUP amendment for these structures. The District is concerned that approval of these
structures in the CUP before the project has been defined establishes a precedent for other properties in the
Town of Portola Valley, and prevents neighbors and other interested parties from providing constructive
comments prior to their approval. Moreover,the public and Town staff would be unable to understand and
adequately evaluate the potential environmental impacts of such a future, undefined development.
We understand that this project is in the preliminary review phase, and request to be notified of future
actions and public meetings pertaining to this project. We appreciate the opportunity to review the initial
proposed design. Should you have any questions, please feel free to contact me at the District.
Sincerely,
Ana Ruiz,IAICIP
Planning Manager
cc: Architectural and Site Control Committee,Town of Portola Valley
Steve Abhors, General Manager, MROSD
MROSD Board of Directors
GENERAL MANAGER
Stephen E Abbors
Regional
OpenSpaee I Midpeninsula Regional Open Space District BOARD OF DIRECTORS
Pete Siemens
Mary Davey
July 1, 2009 led Cyr
Curt Riffle
Nonette Hanko
John Maltbie, County Manager tarry Hassett
San Mateo County Cecily Harris
400 County Center, Hall of Justice
Redwood City, CA 94063
Re: Agreement Between San Mateo County and Midpeninsula Regional Open Space District(District)—
Report of Purchases and Semi-Annual Installment of Fire Services Fee
I
Dear Mr. Maltbie:
On behalf of the District, I am forwarding the Fire Services Fee payment resulting from the District's
property purchases within San Mateo County (County) in the District Coastside Protection Area, as
I outlined in the March 2004 Agreement.
i
The District and County entered into the contractual Agreement for the provision of fire-related services
to District lands in the Coastside Protection Area that are not currently provided within the State
Responsibility Area by the California Department of Forestry and Fire Protection (Cal Fire). According
to the Agreement, the District will, in exchange for the County's fire services, compensate the County by
means of a Fire Services Fee.
The District has purchased two additional properties within the District Coastside Protection Area since
its last report to you on January 23, 2009. These properties are:
1) The 31.90-acre POST (Roberts) property previously owned by Peninsula Open Space Trust
(POST) (APN 064-390-020), purchased on June 30, 2009.
2) The 259.92-acre Bluebrush Canyon property previously owned by Peninsula Open Space Trust
(POST) (APN 066-230-060), purchased on June 30, 2009.
In accordance with section 5.a of the Agreement, a Tax Compensatory Fee equal to the greater of either
(i) the pro rata share of the actual property tax levied on the land on the date acquired OR(ii) the current
average assessed value per acre of undeveloped land in Fiscal Analysis prepared by Economic Research
Associates 460 year after June 30� 2003). The 2009 calculation is 518.03. The
( per acre + 2% every
Fire Service Fee for these properties are: POST (Roberts) $405,91; and Blue Brush Canyon $1,181.61.
The calculation of the annual Fire Service Fee for this property is contained in the table below:
Parcel Number Date Acquired Acres General Method (i) Method (ii) Applied Fire
Tax Rate Services Fee
064-390-020 June 30, 2009 31.90 $ 5,237.52 $ 405.91 $ 12.81 $ 405.91
066-230-060 June 3 0, 2009 259.92 $15,246.60 $1,181.61 $104.3 5 $1,181.61
Service Fee Due Total Due $1,587.52
330 Distel Circle Los Altos,CA 94022 1 6So 691 a200 I 65o 691 o48S I www.openspace org
Fire Service Fee Agreement
June 30, 2009
Page 2
The Agreement requires the District to make Fire Service Fee payments to the County in two semi-annual
installments on January I"and July I" of each calendar year for any lands purchases completed by the
District within the Coastside Protection Area.
Consequently, please find the enclosed Fire Service Fee of$10,025.20 for the July installment covering
the following properties:
• $480.48 for Miramontes Ridge (APN 056-440-010, 060, 070 and APN 056-450-020)
• $1,418.70 for Rapley Ranch (APN 078-210-370 and 080-3)20-170)
• $211.25 for Portal Lookout (APN 085-130-050)
• $36.83 for Forde (APN 066-240-020)
• $15.04 for Peery (APN 067-3 70-010 and APN 067-3 10-03 0)
• $6 636.38 for Driscoll Ranch (APN 078-270-010, 020, 030; APN 078-290-010, 020, 030, 060;
APN 082-140-020; and APN 082-170-010, 040)
• $177.08 for Tunitas Creek (APN 080-090-020, 040, 050 and APN 066-260-040)
• $215.58 for Mindego Ranch (APN 080-320-060, APN 080-3)40-0 10, and APN 08')-'310-060)
• $0.10 for Boyd (APN 080-330-170)
• $202.96 for POST (Roberts) (APN 064-390-020)
• $590.80 for Bluebrush Canyon (APN 066-230-060)
Enclosed with this letter please find a table clarifying a payment schedule for the above-mentioned
properties the District purchased to date that are subject to this Agreement. Please note that regarding the
Driscoll Ranch property, the Lessee, Driscoll Ranches, LLC along with the Tunitas Creek Ranch
property, the Lessee, Doug Edwards Cattle are being assessed for Possessory Interest Tax by the San
Mateo County Assessor's Office for the current tax year back to the January 2007 taxes. When this
amount is determined, the District will be entitled to an offset of its service fees for this property for all of
the taxes from the current tax year and retroactively in accordance with Section 5(d) of the Fire Services
Agreement between the County and the District.
Sincerely,
Michael C. Williams
Real Property Manager
cc: Midpeninsula Regional Open Space District Board of Directors
Stephen E. Abbors, General Manager
Carol Mondino, Senior Appraiser
Enclosure: Fire Service Fee Payment Schedule
i
GENERAL MANAGER
Stephen Abbots
Regional
OpenSpaee ( Midpeninsula Regional Open Space District BOARD OF DIRECTORS
Pete Siemens
Mary Davey
Jul 1 2009 led Cyr
y � Curt Riffle
Nonette Hanko
La Honda Pescadero Unified School District Larry Hassett
P.O. Box 189 Cecily Harris
Pescadero, CA 94060
Attn: Dennis Dobbs, Interim Superintendant
Re: Agreement Between La Honda Pescadero Unified School District (LHPUSD) and Midpeninsula
Regional Open Space District (District)—Report of Purchase and Semi-Annual Installment of
Tax Compensatory Fee
Dear Superintendent Beard:
On behalf of the District, I am forwarding the Tax Compensatory Fee payment resulting from District
property purchases within the LHPUSD boundary and the District Coastside Protection Area, as outlined
in the March 2004 Agreement.
Also,please note: because our Agreement is dated March 8, 2004, the District is NOT subject to the
subsequent tax fee's for Measure B 2005 and the 2007 LHPUSD Fee. Please be sure to have these
additional fees removed front our tax bills for all properties shown on our payment schedule.
The District has NOT purchased any additional properties located within the LHPUSD boundary since
its last report to you on January 23, 2009.
In accordance with section 5.a of the Agreement, a Tax Compensatory Fee equal to the greater of either
(i) the pro rata share of the actual property tax levied on the land on the date acquired OR (ii) the current
average assessed value per acre of undeveloped land in Fiscal Analysis prepared by Economic Research
Associates ($460 per acre +2%every year after June 30, 2003). The 2009 calculation is $518.03.
The Agreement requires the District to make Tax Compensatory Fee payments to LHPUSD in two semi-
annual installments on January 1st and July 1st of each calendar year for any lands purchases completed
by the District within the LHPUSD boundary.
Consequently, please find the enclosed Tax Compensatory Fee payment of$7,390.85 for the July
installment covering the following properties:
• Rapley Ranch (APN 080-320-170)- $419.50
• Portola Lookout (APN 085-130-050) - $219.50
• Driscoll Ranch (APN 078-290-010, 020, 030, 060) - $5,443.86
• Mindego Ranch (APN 080-320-060, 080-340-010, and 083-310-060) - $1,307.36
• Boyd (APN 080-330-170) - $0.63
330 Distel Circle Los Altos,CA 94022 ( 650 591 2200 1 65o.69i 0485 I vvvvvv openspace org
LHPUSD Agreement
June 30, 2009
Page 2
I
Enclosed with this letter please find a table clarifying a payment schedule for the above-mentioned
properties the District purchased to date that are subject to this Agreement. Please note that regarding
the Driscoll Ranch property, the Lessee, Driscoll Ranches, LLC is being assessed for Possessory
Interest Tax by the San Mateo County Assessor's Office for the current tax year back to the January
2007 taxes. When this amount is determined, the District will be entitled to an offset of its service fees
for this property for all of the taxes from the current tax year and retroactively in accordance with
Section 5(f) of the Agreement between LHPUSD and the District.
Sincerely,
Michael C. Williams, Real Property Manager
I
cc: Midp eninsula Regional Open Space District Board of Directors
Stephen E. Abbors, General Manager
Tim Fox, Deputy County Counsel
Michael Murphy, County Counsel
Carol Mondino, Senior Appraiser
Enclosure: LHPUSD Tax Compensatory Fee payment Schedule
Midpeninsula Regional Memorandum
' Open Space District
M 1
i
To: MROSD Board of Directors
From: Tina Hugg dg-
Copy: _
Date: July S, 2009
Re: Update on the Administrative Office Remodel Project
This update is being provided to the Board regarding the current status of the Administrative Office
remodel project as of July 1, 2009.
• Demolition completed includes the following:
o door between server room and Real Property(framework and dry wall have also been
installed to seal off server room)
o chainlink gate inside server room
o wall between the kitchen and former tenant kitchen
o kitchen flooring and ceiling tiles
o hallway doors between lobby and Planning wing
• One section of the green wall in the Planning wing has been moved back to be in line with the
bathroom foyer wall.
0 Rough-in for plumbing and electrical work is underway.
• Framework and drywall for the private office in the Planning wing have been installed.
• Drywall framework for the Planning Manager's office has been installed.
• Appliances in both kitchens have been salvaged for use at District residences and are currently
stored at the Annex.
i
i
Next Steps:
Staff will continue to work on:
• Construction administration.
• Cost assessment for mid-to long-term HVAC improvements for the entire AO building.
i
An update will be provided through an informational memorandum to the Board at the next meeting.
I
�4
Mid
Open Space(District
ist ictnal Memorandum
To: MROSD Board of Directors
From: Tina Hugg
Copy: _
Date: July 8, 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 July 1, 2009.
• Staff is working with Tannerhecht on the July 22"d presentation for the Staff Facilities Ad Hoc
Committee
• Staff is compiling information on green construction costs.
Next Steps:
• Continue to compile and gather additional information on green construction costs, projected
facility expansion, staff growth, priorities, and timelines in preparation for the next Ad Hoc
Committee meeting, to be scheduled in July.
An update will be provided through an informational memorandum to the Board at the next meeting.
�II�
Midpeninsula Regional
Open Space District
i
To: Board of Directors
From: Stephen E. Abbors
Date: July 08, 2009
Re: Late FYI's
I GENERAL MANAGER
Stephen F. Abbors
Regional
0penSpace ( Midpeninsula regional Open Space District ( WARD OF DIRECTORS
bete Sr[rtlens
Mary Davcy
led Cyr
Curl Riffle
monitor Hanko
Larry Hassett
Cenly Harris
July 6, 2009
Mr Christopher Riordan
Senior Planner
City of Saratoga Community Development Dept.
13717 Fruitvale Avenue
Saratoga, CA 95070
Re: Design Review,Variance Applications, and Grading Exception
PDR08-0032 &VAR08-0002
Dear Mr. Riordan,
On behalf of Midpeninsula Regional Open Space District(District), I would like to thank you for the
opportunity to provide comments regarding the Design Review and Variance Application and Grading
Exception (PDR08-0032 &VAR08-0002)for the proposed project by Louie Leu AIAI Rita Chen and Colin Fan
at 225.25 Rolling Hills Road in Saratoga. The proposed project includes the replacement of an existing 2,136
square foot,single-story home with a 5,535 square foot,single-story home with vaulted ceilings,and a 560
square foot secondary dwelling unit with an attached 450 square foot recreation room and 135 square foot
pool house. A Variance is required since the project proposes 21,867 square feet of lot coverage where
currently a maximum of 16,500 square feet is allowed per the hillside ordinance;the applicant also requests
a Grading Exemption since 6,085 cubic yards of grading is proposed where the maximum allowed by
ordinance is 1,000 cubic yards
The District owns and manages approximately 57,000 acres of open space land on the San Francisco Bay
peninsula, including Fremont Older Open Space Preserve(Preserve),which is located directly to the north of
the proposed project site. The 739-acre Preserve offers approximately 9 miles of public trails for hiking,
equestrian, mountain biking, and dog on leash use. The District's mission is:
To acquire and preserve a regional greenbelt of open space land in perpetuity;protect and
restore the natural environment;and provide opportunities for ecologically sensitive public
enjoyment and education
The District respectfully submits the following recommendations to ensure that the proposed development
does not result in visual impacts to scenic vistas or an increase in storm water or sediment entering Prospect
Creek, and does comply with fire safety requirements per California State Code.
Aesthetics and Open .Space
The proposed project has the potential to create visual impacts as it is located on a knoll that is visible to
users of the Preserve from the Seven Springs Trail and the prominent Hunter's Point(vista point). The
proposed project would replace the current structure with a much taller building and require the removal of
trees, both of which would result in visual impacts to users of the Preserve, The District recommends
lowering the building height considerably to more closely resemble typical single-story structures,and
screening the proposed structures with fire-resistant vegetation to minimize views as seen from visitors hiking
in the adjacent Preserve.. Given the location of the site and its proximity to surrounding open space lands,
{ 33o Distel CrrLle Los Allu:t,CA 91,022 65o 691 Ino 65069t oiBS I www openspace of
vegetation should be carefully selected to ensure the use of locally native species to prevent the introduction
and spread of invasive or exotic plants. The District further recommends that any new plantings be arranged
in a natural and clustered arrangement to prevent a"manicured"and unnatural look that is characteristic of
linear row plantings.
Loss of Permeability/Water Quality Impacts
The.proposed project calls for 21,867 square feet of lot coverage, exceeding the 16,500 square foot
maximum allowed in the Hillside Residential Zoning District,thus requiring the applicant to file for a
Variance. The proposed lot coverage exceeds the maximum allowed by 32.5%.The District finds the
proposed lot coverage to be significantly high and is concerned that the proposed development would
greatly reduce the natural permeability and groundwater recharge that this parcel currently provides, resulting
in a significant increase in surface runoff. Moreover,the proposed project would require 6,085 cubic yards
of grading, which exceeds the maximum 1,000 cubic yards of allowable grading in this hillside zoning
district. Such extensive grading on hillside slopes that drain into Prospect Creek could result in significant
water quality impacts to the watershed. The District urges the City of Saratoga to carefully consider
modifying the proposed project to reduce the total lot coverage and total cubic yard of grading. In addition,
mitigation measures should include best management practices, such as erosion control, to protect water
quality and prevent an increase in sedimentation resulting from the construction and future ongoing
maintenance and use of the proposed structures..
Fire.Sa fet y
As you are likely aware, California State Code requires property owners to create a defensible space zone of
100 feet from occupied structures on their property, or to within their property boundary, whichever comes
first. Defensible space is an area around a structure where fuels and vegetation are treated, cleared or
reduced to slow the spread of wildfire towards the structure and to provide room for firefighters to safely fight
fires and protect homes Recognizing that fire safety of individual homes and hillside communities is of
utmost importance and that one of the primary determinants of a home's ability to survive a wildfire is the
quality of the surrounding defensible space,the District urges the City of Saratoga to require 100-foot
setbacks from the wildland-urban interface boundary to allow the property owner to maintain the critical
100-foot defensible space within the private parcel
The District's main purpose for participating in this process continues to be protection of the natural
resources and the integrity of the adjacent public open space. Thank you again for this opportunity to
provide input into the environmental review process for this project.
Sincerely,
AnaizAl
u
Planning Manager
cc: Steve Abbors, General Manager, MROSD
MROSD Board of Directors
City of Saratoga Planning Commissioners
Ulrich Aldag, PhD
909 Westridge Drive, Portoia Valley 94028
phone 650 854 4678, UlrichAldag@comcast.net
7/6/2009
To the
General Manager of MROSD
Mr. Stephen E.Abbors
Los Altos CA 94022
Controlled Burn/Russian Hill/ 7/9/2009
Dear Mr. Abbors,
I would be grateful for your answer to the following question related to the intended
controlled burn at Russian Hill:
Who will be responsible for potential damages resulting from such a "controlled
burn" getting out of control and, for example,burning down residences on the way
the fire may take?
Such potential damages might be huge. The State of California is bankrupt. Neither
MROSD nor CalFire are likely to have funds to cover such damages. Does MROSD at
least have an insurance covering such a case- and what is the coverage?
So-called "controlled burns" have become uncontrolled ones, again and again,
including in the Bay Area. So,there is an undeniable, substantial risk.
But,with the back up of CalFire, MROSD seems to be willing to take the risk
justifying it by its virtues of"reducing invasive plants, increasing the abundance of
California grasses and wildflowers that are adapted to periodic fire..." etc.,and then
even its helping of"reducing fire hazard".
It appears to me that these objectives are somewhat contradictory.Also, I don't
think that the "valuable live fire training" Chief John Ferreira is attributing to the
burn is a serious argument: his firefighters have had an opportunity of receiving an
abundance of such training in fighting real wildfires all over the State in the recent
past.And local emergency response agencies don't need "controlled burns"to be
trained - as little as they need "controlled earthquakes" for their preparedness
training.
A few years ago, the Stanford Biological Preserve also wanted a controlled burn to
"reduce fire load at the Preserve".The Palo Alto fire department was all for it.
Attention was drawn, however, to the substantial liability Stanford University would
incur in case the fire would get out of control and jump over into nearby residences.
After a last minute caucusing of the parties concerned, including the Department of
Forestry, they concluded unanimously that the intended controlled burn was "not in
the public interest". And it was cancelled.
I highly appreciate MROSD's work and have supported it in the past. However, in the
specific case of controlled burns, I believe MROSD is taking risks neither covered
sufficiently by the intents and purposes of its organization, nor by adequate
commercial insurance against the inherent risks,nor by an appropriate seeking of
agreement to such undertakings from the town authorities and the communities
surrounding MROSD. The agreement of CalFire, an institution unable to cover any
material liabilities, can be considered no more than a fig leaf-they love to have such
"realistic" exercises.
It seems very clear that not only I but also fire insurance companies of individual
residents would hold MROSD and its General Manager responsible for any potential
damages resulting from the intended burning activities.
Therefore, I urge you to stop this controlled burn at Russian Hill today, including
any others that may be planned in this dry season of the year, until the above-
mentioned points have been studied and can be answered satisfactorily.
I hope to hear from you accordingly.
Best regards
Ulrich Aldag
GENERAL MANAGER
Stephen E Abbors
ReRlonal
OpenSpaee I Midpeninsula Regional Open Space District RnsCTORS
Polectc Sie Siemeens
Mary Davey
led Cyr
July 8, 2009 Curt Riffle
Nonelle Hanko
Larry Hassm
Dr. Ulrich Aldag Cecily Harris
909 Westridge Drive
Portola Valley, CA 94028
VIA E-mail: UlrichAldag0comcast.net
Dear Dr.Alda ,
g
Thank,you for.your e-mail regarding the "Prescribed Burn" scheduled for July 8,
2009, at Russian Ridge Open Space Preserve. I will attempt to answer your
questions in the same order of your questions:
- Since this prescribe burn is under the jurisdiction of the California Department
of Forestry (Cal Fire), liability is covered by the State of California's Insurance.
In addition, the Midpeninsula Regional Open Space District carries liability
insurance through the California joint Powers Insurance Authority(CaIJPIA).
- In the past, a few prescribed burns have escaped in the State of California;
many more were successful and have reduced the fire danger in many areas of
California. As such, Russian Ridge OSP is the highest ridge top in this section of
the Santa Cruz Mountains, which makes it an ideal candidate for a vegetation
reduction burn, as a fire will be set to burn both sides of the ridge moving
upward and going out at the top of the ridge, reducing the chance of any
personal property damage, increasing the Skyline Boulevard fire break.
- Prescribed burns do reduce the threat of wildfire,since they burn off the dry
grass, thus causing a fire break which can help to control a future wildfire. In
this situation, the
Skyline Boulevard corridor has been identified as a regional
t to hold large fires
cession agencies will attempt g
fire break where fire suppression g p
coming from either the east or west sides of the Santa Cruz Mountains.
- It is true, the primary reason for the proposed prescribed burn is for
"Vegetation Management", which means it will discourage invasive plants and
environment. In addition
native plan
ts to compete in the ,
improve the ability for nat p p
it will improve fire safety by reducing the biomass of invasive grasses like
Harding P
Grass, improving the fire protection of the Skyline Boulevard Corridor.
330 Distel Circle Los Altos,CA 94022 650691 1200 6506910485 I www openspace org
With regards to the training benefits,a controlled burn provides the
opportunity for less experienced fire staff to be exposed to live fire,under the
watchful eye of more experienced staff members. This training is invaluable and
is much better done under controlled conditions, rather than in an uncontrolled
wildfire environment.
There is always a risk to personal property when Fire is involved. However, Cal
Fire and the District believe that conducting a prescribed burn on a ridge,away
from development; will improve an identified regional fire break,while reducing
invasive species of vegetation, which has been deemed a necessary project for
the area.
In closing, I want to assure you that the District, Cal Fire, and I take Prescribed
Burns very seriously. We have carefully weighed the value of performing one at
Russian Ridge and feel all of the necessary personnel and equipment is in place to
carry out this project safely.
Sincerely,
Stephen Abbors
General Manager
Midpeninsula Regional Open Space District
Red,.io real
0
pen5p e Midpemn,,ul.i Regional Open Space District.
July 8, 2009
Ms. Clare Campbell
City of Palo Alto
Re: Zoning Ordinance Update
Dear Ms. Campbell:
On behalf of the Midpeninsula Regional Open Space District (MROSD), I would like to thank
you for the opportunity to provide comments on the Draft Revisions to Chapter 18.28 related to
Development Standards in the Open Space Zoning District. MROSD's mission is to "acquire
and preserve a regional greenbelt of open space land in perpetuity; protect and restore the
natural environment; and provide opportunities for ecologically sensitive public enjoyment and
education." MROSD's jurisdictional boundaries encompass over 225,000 acres within San
Mateo, Santa Clara and Santa Cruz Counties; and the agency currently owns and manages
over 57,000 acres in 26 Open Space Preserves. Given MROSD's mission and extensive land
ownership in the area, I would like to comment on a number of significant impacts associated
with the proposed revisions to the zoning ordinance.
Zoning Ordinance Update
Reducing the site area required for second dwelling units (SDUs) from 10 acres to 5 acres and
providing a Floor Area Ratio (FAR) scale for new construction and additions allows for an
overall increase in structures and increased building footprints within the City of Palo Alto's
Open Space District (OSD). Increasing the number of structures and additions will likely change
the scenic quality of the OSD and compromise the intent and purpose of the zoning designation,
which is identified as "agricultural land, scenic land, recreation land, conservation or natural
resource land, containment of urban sprawl, and retention of land in its natural state."
Increasing the numbers of structures and additions within the OSD also has the potential to
impact natural resources and given the proximity of flammable wildland fuels, the limited
setback distances (30 feet) are not in the best interest of the community. Under California Public
Resources Code Section 4291-4299, "a person who owns, leases, controls, operates, or
maintains a building or structure in, upon or adjoining a mountainous area, forest covered lands,
brush covered lands, grass covered lands, or land that is covered with flammable vegetation
shall at all times maintain defensible space no greater than 100 feet from each side of the
structure, but not beyond the property line unless allowed by state law, local ordinance, or
regulation..." State, federal and local defensible space guidelines generally recommend
implementing up to 100 feet of defensible space, especially for homes located in the wildland
urban interface (where humans and their development meet or intermix with wildland fuel), such
as those within the OSD.
The current setback limits within the OSD (30 feet) do not provide property owners the ability to
maintain up to 100 feet of Defensible Space within their own parcel. Instead, property owners
must coordinate with adjacent landowners in order to implement defensible space clearance
across property lines or stop their fuel reduction efforts at their property boundary. In an effort to
3 0 i) ,til t- i !(I P_ Ak 5,(A 6,o Et, i roo u 6yi n„8, www of ntip,t:e'urn,
Ms. Clare Campbell
Zoning Ordinance Update
July 8,2009
better protect homes and the surrounding wildland areas, MROSD suggests requiring new
construction within the OSD to be located at least 100 feet from an adjoining parcel boundary.
Structures located in close proximity to wildland areas are not only vulnerable to wildland fire,
but also increase the number of potential ignition sources adjacent to large parcels of
undeveloped natural lands. To reduce the risk of wildland fire and potential ignition sources,
MROSD urges the City of Palo Alto to retain the 10-acre requirement for SDUs. Allowing
additional structures or expansion of existing structures in the OSD without providing property
owners the ability to achieve up to 100 feet of defensible space within their own parcel is of
serious concern in the wildland urban interface.
Any increase in structures or structure size will result in the need for a larger amount of ground
disturbance, which can result in negative environmental impacts when not carefully executed.
Of particular concern is the potential for introduction of invasive weed species, reduction and
disruption to wildlife habitat and reduction in visual quality. In order to maintain the natural
resource values of surrounding open space lands, new construction, additions, and their
associated defensible space should be required to be maintained entirely within developable
parcels and not be permitted to overlap into adjoining parcels. MROSD also recommends that
whenever possible, those portions of parcels that will remain in a natural or restored state be
located in areas contiguous to surrounding open space land. This would reduce habitat
fragmentation while maximizing the total acreage of high natural resource value lands within the
OSD. To further reduce negative environmental impacts from large scale development in the
OSD, MROSD supports the creation of a maximum house size (square footage) in addition to
the proposed FAR scale.
MROSD would also like to emphasize the importance of maintaining the current Open Space
District naming designation. Changing the name to Open Space Residential shifts the purpose
and intent of this district away from non residential open space uses and instead emphasizes
only residential use. The current OSD is highly variable, and although some parcels do provide
low density housing, residential use alone does not convey the purpose and intent of the district,
which provides for agricultural, scenic and recreation lands. If a name change is to be
considered, a more inclusive option is needed.
Thank you again for the opportunity to provide input regarding the zoning ordinance update. If
you have any questions, please contact Julie Andersen, Resource Planner 1, by calling (650)
691-1200.
Sincerely,
—4 4�
Ana Ruiz, AICP
Planning Manager
cc: Stephen E. Abbors, General Manager
MROSD Board of Directors
City of Palo Alto Planning and Transportation Commissioners
I I GENERAL MANAGER
Few Stephen E.Abbors
Regional
0penSpace I Midpeninsula Regional Open Space District I BOARD Of DIRECTORS
Pete Siemens
Mary Davey
July 8, 2009 c d t Riffle
Nonette Hanko
The Honorable Joseph Simitian Larry Hassett
Cecily Harris
California State Senate
State Capitol Building
Sacramento, CA 95814
RE: Senate Bill 211 (Simitian)—WITHDRAWL OF SUPPORT
Dear Senator Simitian:
It is with mixed feelings that I need to respectfully advise you that the Midpeninsula Regional Open
Space District must withdraw its support for Senate Bill 211 as amended July 1 St, 2009.
As you know we have been a strong supporter of your bill to authorize the formation of an open
space district in Santa Cruz County and testified in support of the measure at the Senate Local
Government Committee hearing in March. We applaud your initiative because a new open space
district in that area would complement the management capabilities we supply along the
northeastern border of Santa Cruz County and provide services that are critical to the entire region.
It is because of our work in the South Bay that we know firsthand how great the need is to
safeguard Santa Cruz County's own natural resources.
At this critical juncture in our relationship with the air and the landscape that supports us,the fate
of every productive acre matters. For that reason, land trusts and land conservation groups have
been in strong support of SB 211 since its introduction in late February.
However, language has recently been added to your bill that would transfer all control over
acquisitions of property within a 25-year urban growth area boundary to the City of Watsonville.
We strongly believe that this amendment would unduly interfere with the right of private property
owners to sell property to whomever they wish. We also believe that other local jurisdictions
within Santa Cruz and in future open space districts would similarly want to approve acquisitions
of a district and that conserving needed open space would thus be inappropriately politicized at the
local level. In short, the proposed amendment would tear apart the fabric of open space
preservation and throw its very future into doubt.
Looking at the long and successful history of conservation efforts in the Bay Area and other regions
of California, the bill in its amended form, instead of supporting open space preservation efforts,
would set a dangerous precedent that would severely undermine the promise of SB 211 as it was
previously drafted.
Santa Cruz County would greatly benefit from a regional or open space district and we continue to
support the formation of such a district by means that don't set a negative precedent. For these
330 Distel Circle Los Altos,CA 94022 65o 69a 1200 65o.69i 046S I www openspace org
reasons, we are removing our support for this measure. We are not opposing it at this point because
we hope that our concerns can still be resolved and the bill returned to the original constructive and
forward-looking version that you have championed.
Sincerely,
Stephen E. Abbors
General Manager
cc: Teresa Corwin, Executive Director, Land Trust of Santa Cruz County
Ralph Heim, Public Policy Advocates
Board of Directors, Midpeninsula Regional Open Space District
i
I
• I• " insula Regional
Open Space District Memorandum
To: Board of Directors
From: Nicole Perez
Copy:
Date: Wednesday, .luly 08, 2009
Re: Letter to Kathleen Kolluri
We have attached a track changes version of the Kathleen Kolluri letter you received in your packet last
week. We corrected some minor spelling errors from the original version.
Have a wonderful day,
Nicole
GENERAL MANAGER
Stephen Ci Ahhors
Regional
OpenSpace Midpeninsula Regional Open Space District BOARD OF DIRECTORS
flete swrnen,,
Mary[),tvoy
Jed Cyr
Curt Riffle
DRAFT RESPONSE Norie— tte Ilanko
wy ri&,�ett
July 09, 2009 PREPARED BY STAFF (e(Ilyli,1111"
VOR BOARD CONSIDERATION
Kathleen Kolluri & M.V. Kolluri
24749 Olive Tree Lane
Los Altos, CA 94024
RE: Access via Olive Tree Lane to Rancho San Antonio Open Space Preserve
Dear Mr. & Ms. Kolluri:
Thank you for your letter of June 3, 2009 requesting access to the Rancho San Antonio
Open Space Preserve (Preserve) from the gate located at the end of Olive Tree Lane. I
understand your desire to access the Preserve from your home on Olive Tree Lane, but
the District is not the entity that can grant the access you seek. Let me briefly explain
why that is so. To formalize the District's patrol and maintenance access to the Preserve,
the District's Board of Directors entered into an easement agreement, on April 27, 1994,
with the 13 owners of the subdivision at the end of Olive Tree Land Lane in
unincorporated Santa Clara County. In exchange for this easement, the District
committed;in writing to "not promote or encourage use of the roadway by the public"
(Section 5 of Easement Deed). The District further cooperated with the residents to
install a new fence and gate at the end of Olive Tree Lane and the Preserve boundary to
prohibit public access. The 13 residents, however, reserved access to the Preserve as part
of the access easement agreement.
The resolution of additional private access to the Preserve gate, therefore, can only come
from discussions between neighbors living on Olive Tree dLane. I encourage you to
contact your neighbors at the end of Olive Tree Lane to see if you are able to obtain
access to the Preserve.
Sincerely,
Nonette Hanko
Board President
33o Distel Circle Los Altos,CA 94022 0yo 6q 1 1200 6Y)691 0481 WWW OPOWPa(P 019