Loading...
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. � � Xj � Interim District Clerk Date: 07/02/09 � | � � � � � � ! � | 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 t 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. � Po 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) �y k 9 .Z C7-Q i'✓Q- %--e o a Q- cs /A JQ �-PIL : 33l0-35-053 APPROVED AND ACCEPTED: FA p o V hedq Z J jA A- Pr i t, Board of Directors MOO O ��5 N,� Ch ����� ATTEST; a ��I fS /olds rs�iu r 9 IL-"3y D' 'ct Clerk 1--4 V e y o c:,,r- 4es .41A-*5 (s C'4- 0 1`4 LL -Z el-I v Z. -AN E Date os ��ros Efc_�5. c'4- T'� 211tlg I 248ol oLi vET4FE cA&)E cos As,-ras ylcc5 C�A 9gv2Y 014 /LJA4 L`/`-r� MIDPENINSULA REGIONAL OPEN SPACE OLIVE TREE OWNERS DISTRICT (provide written name, address, APN and signature) a�c,Jand ht a--, Q Tc� V�Vic, E S v 0-0 L-OS A t tcS H&L,, CA OL40 2-q (All signatures to be acknowledged for purposes of recordation) MIDPENINSULA REGIONAL OPEN SPACE OLIVE TREE OWNERS DISTRICT (provide written name, address, APN and sign ture) 3 3 5 Sib C ` � C. ✓r I (All signatures to be acknowledged for purposes of recordation) • I MIDPENINSULA REGIONAL OPEN SPACE OLIVE TREE OWNERS AISTRICT (provide written name, address, APN and signature) DANA DEL REAL l l /� 4Notary COMM.#1003651 z �!� ejZ- uz Public—California aZSANTA CLARA COUNTY i My Comm.Expires SEP 9, 1997 3 I i (All signatures to be acknowledged for purposes of recordation) I I ' I MIDPET,MS ULA REGIONAL OPEN SPACE OLIVE TREE OWNERS DISTRICT (provide written name, address, APN and signature) i III' i (All signatures to be acknowledged for purposes of recordation) i i ' LEGEND PARCEL Z PARCEL 1 M.R.O.S.D. LANDS (Former Vidovich property) 7777, / r M \ .. i ,`I,cai�'{.4 C s'S�kr j � jo i • � v^"..; ' F.Ct, '"� S�'.Y �'�" - 1p,J �•[h ttth."±� 'h\ ' 6 fief (�Y.}� y n3 r TRAINV. � 33�3 4 Fyy>7 >�.�° �34�' t '''.aftt•32ss'(>`'%; f �- '' .eve '# t :>a:� z�� � F ,a 'y E c �jY s K w`� a farti d $ � w `rE FREE p " a t 9 �. !t rid• .: NY- Y �-Ka*ti�sat 7 e £•5, f�oe�`x �x ,�'`7� r.`3 f'� , sr� ,c•j 'Z�aer.? t'r?twit' s sc.'x` Y�ti.i :? „it:.c::"r•: ';4i;'?: ,>t 7.<; ;Szy.:'?YK:^';`<:;r,;C.R:;�:'8;�:: .��f:?:is'.,�,.,y�s:::.. .".�•...ks4 ^;s`:k<>:rsw^' g;?g.:.:-;::iY'. „�,rr`•h ,:S> 9.lCr 'Y: "T,',''•4:ir b'' :.3>::^'u:%3i:i+c?..;:::::.v::`y: v: '.y} • 'i ..> t.(.; .ry�q PARCEL 2 APN ADDRESS J3 � Q9Q �S �' 336-35-057 24808 Olive Tree Ln,Los Alto PARCEL 1 336-35-084 24809 Olive Tree Ln,Los Alto v A � 336-35-060 24837 Olive Tree Ln,Los Alto APN PROPERTY 336-35-061 24855 Olive Tree Ln,Los Alto 336 33.012 M.R.O.S.D. Y . y r $36 35-0$ :. y 7 336-35-056 24860 Olive Tree Ln,Los Alto 336-34-014 M.R.O.S.D. 351 OB-DOt M.R.O.S.D. 'r` J i ! 336-35-062 24863 Olive Tree Ln,Los Alto ;,Y ;,; s s-- 335-35-063 24871 Olive Tree Ln,Los Alto 351-08-002 M.R.O.S.D. HIM•,a 336-35-090 24874 Olive Tree Ln,Los Atlo rF ;r�-; ;...;.,;:�N.A>:;..• 336-35-064 24877 Olive Tree Ln,Los Alto h # 336.35-039 24886 Olive Tree Ln,Los Alto f iY yf ?ya ; 336-35-053 24892 Olive Tree Ln,Los Alto x?1 r 336 35-052 24898 Olive Tree Ln,Los Attc 336-35-065 24899 Olive Tree Ln,Los Altc 1, 36 3 D2 1 f 336S-05 336.3 U8S3 T Ct moo` i 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 frmidertif - �J .J r `_ :fir•� Mindego Lake ` rXo Y �Y. � '�l �� � RIM' "„`r.•+ ZAP- � N OPEN •• • • ••• • •• •. off SPACE CGINCI_CIRCLE BEG SPRING - CLW iE%STEEL tLRl+;trCL L--,',;L - / � r'~ \ �NATIVE'NI_DFCIVERPLAN-I VG ON TERRACES -. - \ATVE WILL=OY.ER PLANTING—� DISPERSING OVER HILLSIDE —STONE 3ESCH WT-DJNCR\RUES PACIFIC OCEAN ,! Eti.,RAs'E:ALDA3\`ERECSE xcr_u ViELY 1U4ftiLRS I, —STONE COLACIL CRC_E - _ STEPS TO TERRACE SEAINC ! I �A / i CRUSHED S76k=PA-H MINQO LAJC6f ?? ,i INDEGO HILL ^ - Ak ti SECTION:1t4"=I'-C' Pv1INDEGO HILL CONCEPT DESIGN DEVELOPMENT OFFICE OF CHERYL BARTi:N jUly 18.2008 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 f _ Campbell i '' Saratoga t-.._ Los Gatos --- Sierra Azul Open Space Preserve N .v i Project Location r 0 0.5 1 2 1 Miles Exhibit A: Fletscher Demolition and Site Cleanup • Project Location July 2009 q �v ' 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 IMG 0596.JF'G i i 6ilz/2oo9 i i tze" st 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 , tt (,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