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Home My Public Portal About20091216 - Agenda Packet - Board of Directors (BOD) - 09-32 Midpeninsula Regional Open Space District Meeting 09-32 SPECIAL MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Wednesday,December 16,2009 6:00 p.m. 330 Distel Circle Los Altos, California AGENDA 6:00 ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT-STUDY SESSION I Board Study Session to Review its Rules of Procedure including Guidelines for Board-Staff Working Relationships, Board Meeting Procedures, and District Rules of Procedure 7:00* SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ROLL CALL ORAL COMMUNICATIONS—PUBLIC ADOPTION OF AGENDA 7:10* CONSENT CALENDAR I Approve Minutes—November 12, 2009 Special Meeting 2 Approve Revised Claims Report 3 Approve Written Communications—None 7:20* BOARD BUSINESS 4 Approval of Amendments to the District's Personnel Policies and Procedures Manual Regarding Section 5.6 Compensatory Time Off, Section 5.7 Longevity Pay Program; and Section 7.3 Administrative Leave — Salaried Employees—A. Spiegel 5 Consideration of Amendments to the District's Policy for Public Contract Bidding, Vendor and Professional Consultant Selection, and Purchasing of Services and Supplies—B. Congdon 6 Approve the Purchase of the Mendez property as an addition to the Mt. Urnunhurn area of Sierra Azul Open Space Preserve, located along Mt. Urnunhum-Lorna Prieta Road (Santa Clara County Assessor's Parcel Number 562-20-02 1); Adopt the Preliminary Use and Management Plan; and Approve a Categorical Exemption in Accordance with the California Environmental Quality Act—M. Williams Meeting 09-32 Page 2 7 Approve the Purchase of the Maas property as an addition to the Cathedral Oaks area of Sierra Azul Open Space Preserve, located along Catheri-nole Road (Santa Clara County Assessor's Parcel Number 562-03-006); Adopt the Preliminary Use and Management Plan; and Approve a Categorical Exemption in Accordance with the California Environmental Quality Act—M. Williams 8 Annual Meeting of and Report to Shareholders of the Guadalupe Land Company as Owners of Property Adjacent to the Mt. UmUnhUrn Area of Sierra AZU1 Open Space Preserve(Santa Clara County Assessor's Parcel Numbers 575-11-004, 575-12-001 and 575-12-013)—M. Williams INFORMATIONAL REPORTS— Written or oral reports on cornpensable meetings attended. Brief reports or announcements concerning activities of District Directors and staff; opportunity to refer public or Board questions to staff for factual information; request staff to report back to the Board on matter at a future meeting; or direct staff to place a matter on a future agenda. A. Committee Reports B. Staff Reports C. Director Reports ADJOURNMENT Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. TOADDRESS 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 v 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 be approved without discussion by one motion. Board members, the (;eneral.,Vanager, and members of the public may request that an item be removed Irom 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)69 1-1200. Notification 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to this meeting. Public records provided to a ma'jority of the District's Board of Directors relating to an Agenda Item on the open session ofa regular Board meeting will be made available for public inspection at the District's Administrative Office located at 330 Distel Circle, Los Altos,California 94022 during normal business hours. CERTIFICATION OF POSTING OF AGENDA 1,Anna Duong, Interim District Clerk for the Midpeninsula Regional Open Space District(MROSD),declare that the foregoing agenda for the December 16.2009 Special and Regular Meetings of the MROSD Board of Directors was posted and available for review on December 11,2009 at the Administrative Offices ol'MROSD, 330 Distel Circle,Los Altos,California,94022. The agenda is also available on the District's web site at httpL//kNw-w Signed this I I th day of December 2009,at Los Altos,California. Interim District Clerk Date: 12/11/09 i Claims No. 09-21 Meeting 09-32 Date 12/16/09 Revised Midpeninsula Regional Open Space District # Amount Name Description 11619 $995,000.00 ## Chicago Title Company Land Acquisition-Maas Property 11620 $95,000.00 ## Old Republic Title Company Land Acquisition-Mendez Property 11621 $10,154.85 Patsons Media Group Printing Services-Winter Newsletter/Brochures 11622 $7,784.50 Hoge,Fenton,Jones&Appel Legal Services-Chiocchi Litigation 11623 $6,980.00 Macro Corporation Project Management Services-Implementation Of District's New Radio System 11624 $6,721,00 Vollmer Consulting Consulting Services For Pond Management-La Honda Creek 11625 $5,870.00 Shute, Mihaly&Weinberger LLP Legal Services-Coastal Annexation Litigation 11626 $4,917.54 Wetlands&Water Resources Natural Resource Management Evaluation&Dam Condition Assessment-Thornewood 11627 $4,500.00 UC Santa Cruz Puma Project 11628 $4,116.52 Hertz Equipment Rental Equipment Rental-Excavator For Tree Farm Restoration Project /Excavator For Thornewood Culvert Project/Excavator&Dozer For Loma Prieta Ranch Road Repairs 11629 $4,088,00 California Special Districts Association Annual Membership Dues 11630 $3,901,68 Crystal Springs Painting Company Painting Services-Rental Residence 11631 $3,824.00 Jakaby Engineering Bridge Design&Engineering-Thornewood 11632 $3,395.99 *1 First National Bank Office Supplies-IFAX&PCI Express Card/Window Blinds For AO/Lower Back Seat Support/Laminating Machine For FFO 11633 $2,628.24 San Mateo County Mosquito And San Mateo County Mosquito Abatement Benefit Tax Vector Control District 11634 $2,467.34 Home Depot Field Supplies/Supplies For Black Mountain Water System/ Rental Residence Expenses/Tarps For Painting/Ant Spray For FFO/Supplies For Russian Ridge Restroom Repair/Sand Paper For Table Restoration/Deer Hollow Farm Supplies 11635 $2,367.98 *1 First National Bank Event Expenses-Staff Recognition Event Supplies/Salamander Dedication Event Supplies 11636 $2,280.00 Visual Graphics Mt. Umunhum 3D Rendering 11637 $2,250.00 IEDA Quarterly Consulting Services-Labor Relations 11638 $2,194.20 The Bank Of New York Mellon Note Paying Agent Fees-Debt Service 11639 $2,157.39 Ecological Concerns Native Revegetation Maintenance&Monitoring-Skyline Ridge Tree Farm 11640 $1,984.59 Priority 1 Public Safety Equipment Outfit Patrol Truck With Code 3 Equipment 11641 $1,787.04 *1 First National Bank Field Supplies/Cameras/Water Tank For Skyline/Solar Battery Charger 11642 $1,705.52 *1 First National Bank Uniform Expenses/Hard Hats/Motorcycle Goggles 11643 $1,609.64 CMK Automotive Vehicle Maintenance&Repairs 11644 $1,495.76 Kier&Wright Civil Engineers& Survey Of Trail Easement Across Lands At St.Joseph's Hill Surveyors 11645 $1,452.17 *1 First National Bank Conferences&Training Expenses-California Preservation Foundation Conference Registration/CALPELRA Training/ Adobe Acrobat Training/Excel Training/Medici Experience Conference/Public Safety Training/Training DVD for Illegal Trail Building 11646 $1,207.21 Reed&Graham Straw Bales For Russian Ridge Drill Seed Cover 11647 $1,170.00 Normal Data Consulting Services-Citation Database Development&Support 11648 $1,165.20 Office Depot Office Supplies/Break Room Supplies/Field Supplies/ Oscillating Fan/Copier Paper/Mailing Labels/Calculator/Back Support 11649 $1,113.94 Tadco Supply Janitorial Supplies 11650 $994.50 Condor Country Consulting Biological Services To Assist With Formal Consultations With USFWS Regarding Potential San Francisco Garter Snakes At Big Dipper Ranch 11651 $993.47 Santa Clara County Vector Control Property Assessment For Vector Control District District 11652 $937,97 The Sign Shop Various Trail Signs-Skyline Area Page 1 of 4 Claims No. 09-21 Meeting 09-32 Date 12/16/09 Revised Midpeninsula Regional Open Space District # Amount Name Description 11653 $883.41 Tractor Equipment Sales Equipment Rental-Mini Excavator For Fletscher Restoration Project 11654 $786.60 Craftsmen Printing Printing Services-Business Cards&Dispatch Cards 11655 $786.28 *2 Tele Pacific Communications Telephone Service-AO 11656 $778.98 Peterson Tractor Tractor Repair 11657 $728.26 *1 First National Bank Advertising/Subscription/Books-Trail Planning Book For Planning Department/Dish Network/Autocad/Survey Monkey Monthly Subscription 11658 $685.50 Balance Hydrologics Consulting Services-In-Stream Sediment Monitoring At ECDM 11659 $645.00 *1 First National Bank Language Translation For Press Release 11660 $567.01 Summit Uniforms Uniform Expenses 11661 $548.16 United Site Services Sanitation Services-Sierra Azul&Fremont Older 11662 $537.60 LFR Levine Fricke Construction Monitoring&Post Construction Engineering Checks-Skyline Ridge Tree Farm Restoration Project 11663 $500.30 Los Altos Garbage Company Garbage Service-FFO Frontloader/Recycling 11664 $500.00 Eflexgroup.com Flexible Spending Account Annual Compliance Base Fee 11665 $479.25 *1 First National Bank Computer Expenses-Printer Cartridges/FFO Internet/Modem Cables/Backup For Phones 11666 $476.48 Deluxe For Business Printing Services-Accounts Payable Checks 11667 $475.90 Web Clic Montreal Gym Mats For Annex 11668 $407.00 Monster Mechanical HVAC Repairs-AO 11669 $391.99 Bruce Barton Pump Service Water System Controller For Black Mountain Water Project 11670 $382.76 *1 First National Bank Drinking Fountain For RSA Trail 11671 $374.28 Costco Break Room Supplies/Food For Staff Recognition Event 11672 $336.83 Design Signs Gate Letters For SFO&FFO 11673 $333.44 *1 First National Bank Business Related Meals-Radio Committee Meeting/Chinocchi Meeting/Meeting With Santa Clara County Park 11674 $284.80 *1 First National Bank Out Of Town Business Meeting Expenses-Art O'Neal Influencing Skills 11675 $280.00 *1 First National Bank California Preservation Foundation Membership/Pesticide Applicator's Professional Association Membership/Tech Network Annual Membership 11676 $277.78 Orchard Supply Hardware Field Supplies/Rental Residence Expenses/Marking Flags/ PVC Knee Boots/Supplies For Black Mountian Water System/ Janitorial Supplies 11677 $254.16 G&K Services Shop Towel Service 11678 $250.00 Metro Mobile Communications Radio Repair 11679 $211.50 Del Rey Building Maintenance Janitorial Supplies-AO 11680 $211.00 County Of Santa Clara-Office Of The Fingerprinting Services Sheriff 11681 $200.00 Williams,Mike Reimbursement-IRWA Membership 11682 $196.65 Dolan, Brendan Reimbursement-Uniform Expense 11683 $179.34 Carter Industries Rack Straps For Patrol Truck 11684 $175.00 City Clerks Association Of California Annual Membership Dues 11685 $167.19 Lund, Pearson,McLaughlin Fire Sprinkler System Quarterly Inspection Protection Systems 11686 $165.47 Los Altos Garbage Company Garbage Service-AO 11687 $153.00 Cupertino Medical Group Medical Services And Audiogram 11688 $148.27 Lab Safety Supply Hazardous Waste Labels 11689 $142.84 *1 First National Bank Volunteer Expenses-Name Badges/Volunteer Recognition Event Supplies 11690 $135.00 Jim Davis Automotive Smog Checks 11691 $134.14 Gardenland Power Equipment Field Supplies/Saw Parts/Pole Pruner/Muffler/Sharpen Chains/Oil/Chain Saw Page 2 of 4 Claims No. 09-21 Meeting 09-32 Date 12/16/09 Revised Midpeninsula Regional Open Space District # Amount Name Description 11692 $130.06 Pape' Material Handling Spare Tire Rim For Bobcat Trailer 11693 $128.64 Arbill Safety Products Field Supplies-Dust Masks 11694 $124.30 Baldzikowski,Matt Reimbursement-Mileage 11695 $123.75 '1 First National Bank Side Door Repair-AO 11696 $120.00 Malone,Brian Reimbursement-Cell Phone 11697 $119.00 Coastal Sierra Internet Service-SFO 11698 $110.00 California Society Of Municipal Membership Renewal Finance Officers 11699 $99.96 Mountain View Garden Center Landscaping Supplies-Concrete 11700 $87.78 FedEx Shipping Charges 11701 $86.69 Sweco Products Replacement Hydraulic Hose 11702 $86.05 Gempler's Boot Brushes 11703 $85.00 Baldzikowski, Matt Reimbursement-CPESC Membership Dues 11704 $83.05 Gartside,Ellen Reimbursement-Mileage 11705 $81.60 West Payment Center Legal Research Fees 11706 $72.00 Andersen,Julie Reimbursement-SAF Membership 2010 11707 $67.84 California Water Service Company Water Service-Rental Residences 11708 $60.00 Infante,Lisa Reimbursement-Cell Phone 11709 $60.00 Bankosh,Michael Reimbursement-Cell Phone 11710 $60.00 Beckman,Craig Reimbursement-Cell Phone 11711 $60.00 Sanguinetti, David Reimbursement-Cell Phone 11712 $58.29 Staples Office Supplies, Breakroom Supplies&Binding Supplies 11713 $55.01 Kwik Key Lock&Safe Company Key Services-Lock Box Key 11714 $51.80 Madco Acetylene Tank For FFO 11715 $48.00 American Red Cross Emergency Response Certifications 11716 $44.00 '1 First National Bank Recording Fee-Land Purchase 11717 $42.99 CSK Auto Battery For Maintenance Truck 11718 $29.08 United Parcel Service Parcel Shipping 11719 $26.27 Barron Park Supply Plumbing Supplies 11720 $24.00 City Of Los Altos Alarm Permit Renewal 11721 $21.81 Reneau, Frances Reimbursement-Holiday Event Supplies 11722 $20.76 Cermeno,Sal Reimbursement-Uniform Expense 11723 $20.30 R&B Company Supplies For Black Mountain Water System 11724 $10.94 Parry, Rick Reimbursement-Uniform Expense 11725 $8.74 Foster Brothers Lock&Key Services 11726 R $4,176.00 Clearwater Environmental Management Hazardous Material Removal-Fletscher Property 11727 R $2,782.21 The Sign Shop Various Trail Signs-Skyline Area 11728 R $2,766.86 Howard Rome Martin&Ridley LLP Legal Services-Anderson Litigation 11729 R $1,100.00 Mayne Tree Expert Spraying Trees With Agri-Fos At RSA&ECDM 11730 R $1,077.74 Reed&Graham Asphalt For Road Repairs At RSA 11731 R $1,036.54 Commuter Check Services Commuter Check Program-Transit Passes 11732 R $1,000.00 Old Republic Title Company Title&Escrow Fees-Land Acquisition 11733 R $980.25 Firestone Complete Auto Care Vehicle Repairs&Service 11734 R $610.88 Metro Mobile Communications Radio Batteries 11735 R $427.32 San Jose Water Company Water Service-RSA County Park 11736 R $355.21 Langley Hill Quarry Base Rock-Alpine Road Erosion Control 11737 R $273.68 Accountemps Accounting Temp 11738 R $259,60 McKowan,Paul Reimbursement-Mileage 11739 R $227.24 Foster Brothers Lock&Key Services 11740 R $169.18 Arbill Field Supplies-Protective Gloves Page 3 of 4 i Claims No. 09-21 Meeting 09-32 Date 12/16/09 Revised Midpeninsula Regional Open Space District # Amount Name Description 11741 R $124.09 Tires On The Go Tires 11742 R $105.12 *3 Drake Welding Welding Supplies 11743 R $103.77 Cartridge World Printer Cartridges 11744 R $91.70 Fitzsimons, Renee Reimbursement- Supplies For Snickers 11745 R $81.98 Alhambra&Sierra Springs Water Dispenser-AO 11746 R $80.00 Barresi,Chris Reimbursement-Cell Phone&Uniform Expense 11747 R $74.27 Orlandi Trailer Trailer Accessories 11748 R $72.50 American Red Cross First Aid Training Supplies-Masks/Training Books 11749 R $63.78 Ison,Gloria Reimbursement-Break Room Supplies 11750 R $51.35 Summit Uniforms Uniform Expenses 11751 R $35.00 Cupertino Medical Center Medical Services-Audiogram 11752 R $25.58 REI Uniform Expense 11753 R $25.25 Rayne Of San Jose Water Service-Fremont Older 11754 R $21.80 Perez, Mike Reimbursement-Bulb For Patrol Truck Brake Light 11755 R $19.06 Los Altos True Value Hardware Field Supplies 11756 R $2.73 Robert's Hardware Field Supplies Total $1,225,915.81 *1 Urgent Check Issued 11/6/09 The Total Amount For First National Bank Is$14,152.80 *2 Urgent Check Issued 12/2/09 *3 Urgent Check Issued 12/14/09 I ' I ## In the event agenda items are not approved,these claims will not be processed Page 4 of 4 Claims No. 09-21 Meeting 09-32 Date 12/16/09 I Midpeninsula Regional Open Space District I # Amount Name Description 11619 $995,000.00 ## Chicago Title Company Land Acquisition-Maas Property 11620 $95,000,00 ## Old Republic Title Company Land Acquisition-Mendez Property j 11621 $10,154.85 Patsons Media Group Printing Services-Winter Newsletter/Brochures 11622 $7,784.50 Hoge,Fenton,Jones&Appel Legal Services-Chiocchi Litigation 11623 $6,980.00 Macro Corporation Project Management Services-Implementation Of District's New Radio System 11624 $6,721.00 Vollmer Consulting Consulting Services For Pond Management-La Honda Creek 11625 $5,870.00 Shute,Mihaly&Weinberger LLP Legal Services-Coastal Annexation Litigation 11626 $4,917.54 Wetlands&Water Resources Natural Resource Management Evaluation&Dam Condition Assessment-Thornewood 11627 $4,500.00 UC Santa Cruz Puma Project 11628 $4,116.52 Hertz Equipment Rental Equipment Rental-Excavator For Tree Farm Restoration Project /Excavator For Thornewood Culvert Project/Excavator&Dozer For Loma Prieta Ranch Road Repairs 11629 $4,088.00 California Special Districts Association Annual Membership Dues 11630 $3,901.68 Crystal Springs Painting Company Painting Services-Rental Residence 11631 $3,824.00 Jakaby Engineering Bridge Design&Engineering-Thornewood 11632 $3,395.99 *1 First National Bank Office Supplies-IFAX&PCI Express Card/Window Blinds For AO/Lower Back Seat Support/Laminating Machine For FFO 11633 $2,628.24 San Mateo County Mosquito And San Mateo County Mosquito Abatement Benefit Tax Vector Control District 11634 $2,467.34 Home Depot Field Supplies/Supplies For Black Mountain Water System/ Rental Residence Expenses/Tarps For Painting/Ant Spray For j FFO/Supplies For Russian Ridge Restroom Repair/Sand Paper For Table Restoration/Deer Hollow Farm Supplies 11635 $2,367.98 *1 First National Bank Event Expenses-Staff Recognition Event Supplies/Salamander Dedication Event Supplies 11636 $2,280.00 Visual Graphics Mt. Umunhum 3D Rendering 11637 $2,250.00 IEDA Quarterly Consulting Services-Labor Relations 11638 $2,194.20 The Bank Of New York Mellon Note Paying Agent Fees-Debt Service 11639 $2,157.39 Ecological Concerns Native Revegetation Maintenance&Monitoring-Skyline Ridge Tree Farm 11640 $1,984.59 Priority 1 Public Safety Equipment Outfit Patrol Truck With Code 3 Equipment 11641 $1,787.04 *1 First National Bank Field Supplies/Cameras/Water Tank For Skyline/Solar Battery Charger 11642 $1,705.52 *1 First National Bank Uniform Expenses/Hard Hats/Motorcycle Goggles 11643 $1,609.64 CMK Automotive Vehicle Maintenance&Repairs 11644 $1,495.76 Kier&Wright Civil Engineers& Survey Of Trail Easement Across Lands At St.Joseph's Hill Surveyors 11645 $1,452.17 *1 First National Bank Conferences&Training Expenses-California Preservation Foundation Conference Registration/CALPELRA Training! Adobe Acrobat Training/Excel Training/Medici Experience Conference/Public Safety Training/Training DVD for Illegal Trail Building 11646 $1,207,21 Reed&Graham Straw Bales For Russian Ridge Drill Seed Cover 11647 $1 170.00 Normal Data Consulting Services-Citation Database Development&Support 11648 $1,165.20 Office Depot Office Supplies/Break Room Supplies/Field Supplies/ Oscillating Fan/Copier Paper/Mailing Labels/Calculator/Back Support 11649 $1,113.94 Tadco Supply Janitorial Supplies 11650 $994.50 Condor Country Consulting Biological Services To Assist With Formal Consultations With USFWS Regarding Potential San Francisco Garter Snakes At Big Dipper Ranch 11651 $993.47 Santa Clara County Vector Control Property Assessment For Vector Control District District 11652 $937.97 The Sign Shop Various Trail Signs-Skyline Area Page 1 of 3 h ` Claims No. 09-21 Meeting 09-32 Date 12/16/09 Midpeninsula Regional Open Space District # Amount Name Description 11653 $883.41 Tractor Equipment Sales Equipment Rental-Mini Excavator For Fletscher Restoration Project 11654 $786.60 Craftsmen Printing Printing Services-Business Cards&Dispatch Cards 11655 $786.28 *2 Tele Pacific Communications Telephone Service-AO 11656 $778.98 Peterson Tractor Tractor Repair 11657 $728.26 *1 First National Bank Advertising/Subscription/Books-Trail Planning Book For Planning Department/Dish Network/Autocad/Survey Monkey Monthly Subscription 11658 $685.50 Balance Hydrologics Consulting Services-In-Stream Sediment Monitoring At ECDM 11659 $645.00 *1 First National Bank Language Translation For Press Release 11660 $567.01 Summit Uniforms Uniform Expenses 11661 $548.16 United Site Services Sanitation Services-Sierra Azul&Fremont Older 11662 $537.60 LFR Levine Fricke Construction Monitoring&Post Construction Engineering Checks-Skyline Ridge Tree Farm Restoration Project 11663 $500.30 Los Altos Garbage Company Garbage Service-FFO Frontloader/Recycling 11664 $500.00 Eflexgroup.com Flexible Spending Account Annual Compliance Base Fee 11665 $479.25 *1 First National Bank Computer Expenses-Printer Cartridges/FFO Internet/Modem Cables/Backup For Phones 11666 $476.48 Deluxe For Business Printing Services-Accounts Payable Checks 11667 $475.90 Web Clic Montreal Gym Mats For Annex 11668 $407.00 Monster Mechanical HVAC Repairs-AO 11669 $391.99 Bruce Barton Pump Service Water System Controller For Black Mountain Water Project 11670 $382.76 *1 First National Bank Drinking Fountain For RSA Trail 11671 $374,28 Costco Break Room Supplies/Food For Staff Recognition Event 11672 $336.83 Design Signs Gate Letters For SFO&FFO 11673 $333.44 *1 First National Bank Business Related Meals-Radio Committee Meeting/Chinocchi Meeting/Meeting With Santa Clara County Park 11674 $284.80 *1 First National Bank Out Of Town Business Meeting Expenses-Art O'Neal Influencing Skills 11675 $280.00 *1 First National Bank California Preservation Foundation Membership/Pesticide Applicator's Professional Association Membership/Tech Network Annual Membership 11676 $277.78 Orchard Supply Hardware Field Supplies/Rental Residence Expenses/Marking Flags/ PVC Knee Boots/Supplies For Black Mountian Water System J PP Y Janitorial Supplies $25 .16 G&K Services Shop 11 77 4 rvi Towel Service 6 p 11678 $250.00 Metro Mobile Communications Radio Repair 11679 $211.50 Del Rey Building Maintenance Janitorial Supplies-AO 11680 $211,00 County Of Santa Clara-Office Of The Fingerprinting Services Sheriff 11681 $200,00 Williams,Mike Reimbursement-IRWA Membership 11682 $196.65 Dolan,Brendan Reimbursement-Uniform Expense 11683 $179.34 Carter Industries Rack Straps For Patrol Truck 11684 $175.00 City Clerks Association Of California Annual Membership Dues 11685 $167.19 Lund,Pearson,McLaughlin Fire Sprinkler System Quarterly Inspection Protection Systems 11686 $165,47 Los Altos Garbage Company Garbage Service-AO 11687 $153.00 Cupertino Medical Group Medical Services And Audiogram 11688 $148.27 Lab Safety Supply Hazardous Waste Labels 11689 $142.84 *1 First National Bank Volunteer Expenses-Name Badges/Volunteer Recognition Event Supplies 11690 $135,00 Jim Davis Automotive Smog Checks 11691 $134.14 Gardenland Power Equipment Field Supplies/Saw Parts/Pole Pruner/Muffler/Sharpen Chains/Oil/Chain Saw Page 2 of 3 Claims No. 09-21 Meeting 09-32 Date 12/16/09 Midpeninsula Regional Open Space District # Amount Name Description 11692 $130.06 Pape' Material Handling Spare Tire Rim For Bobcat Trailer 11693 $128.64 Arbill Safety Products Field Supplies-Dust Masks 11694 $124.30 Baldzikowski, Matt Reimbursement-Mileage 11695 $123.75 '1 First National Bank Side Door Repair-AO 11696 $120.00 Malone, Brian Reimbursement-Cell Phone 11697 $119.00 Coastal Sierra Internet Service-SFO 11698 $110.00 California Society Of Municipal Membership Renewal Finance Officers 11699 $99.96 Mountain View Garden Center Landscaping Supplies-Concrete 11700 $87.78 FedEx Shipping Charges 11701 $86.69 Sweco Products Replacement Hydraulic Hose 11702 $86.05 Gempler's Boot Brushes 11703 $85.00 Baldzikowski, Matt Reimbursement-CPESC Membership Dues 11704 $83.05 Gartside, Ellen Reimbursement-Mileage 11705 $81.60 West Payment Center Legal Research Fees 11706 $72.00 Andersen,Julie Reimbursement-SAF Membership 2010 11707 $67.84 California Water Service Company Water Service-Rental Residences 11708 $60.00 Infante,Lisa Reimbursement-Cell Phone 11709 $60.00 Bankosh,Michael Reimbursement-Cell Phone 11710 $60.00 Beckman,Craig Reimbursement-Cell Phone 11711 $60.00 Sanguinetti, David Reimbursement-Cell Phone 11712 $58.29 Staples Office Supplies,Breakroom Supplies&Binding Supplies 11713 $55.01 Kwik Key Lock&Safe Company Key Services-Lock Box Key 11714 $51.80 Madco Acetylene Tank For FFO 11715 $48.00 American Red Cross Emergency Response Certifications 11716 $44.00 -1 First National Bank Recording Fee-Land Purchase 11717 $42.99 CSK Auto Battery For Maintenance Truck 11718 $29.08 United Parcel Service Parcel Shipping 11719 $26.27 Barron Park Supply Plumbing Supplies 11720 $24.00 City Of Los Altos Alarm Permit Renewal 11721 $21.81 Reneau, Frances Reimbursement-Holiday Event Supplies 11722 $20.76 Cermeno,Sal Reimbursement-Uniform Expense 11723 $20.30 R&B Company Supplies For Black Mountain Water System 11724 $10.94 Parry, Rick Reimbursement-Uniform Expense 11725 $8.74 Foster Brothers Lock&Key Services Total $1,207,695.12 `1 Urgent Check Issued 11/6/09 '2 Urgent Check Issued 12/2/09 ## In the event agenda item is not approved,this claim will not be processed Page 3 of 3 Midpeninsula Regional Open Space District R-09-125 Meeting 09-32 December 16, 2009 AGENDA ITEM 4 AGENDA ITEM Approval of Amendments to Section 5.6 Compensatory Time Off; Section 5.7 Longevity Pay Program; and Section 7.3 Administrative Leave — Salaried Employees of the District's Personnel Policies and Procedures Manual. GENERAL MANAGER'S RECOMMENDATION XOf", Approve the Attached Amendments to the District's Personnel Policies and Procedures Manual as follows: 1. Section 5.6 Compensatory Time Off, 2. Section 5.7 Longevity Pay Program; and 3. Section 7.3 Administrative Leave— Salaried Employees. SUMMARY These policies have been updated with minor amendments in order to help facilitate effective processing and administration procedures and to provide more flexibility in use of accrued Administrative Leave in conjunction with Vacation Leave. DISCUSSION The District's Personnel Policies and Procedures Manual (PPPM) was approved by the Board at its meeting of June 27, 2007 (See R-07-73). Staff presents the Board with proposed amendments when issues are identified that can improve the Policies in areas such as efficiency, more effective administrative procedures, and having Policies which work more effectively for both employees and their supervisors. Section 5.6—Compensatory_Time (CTO) The proposed amendment would add language to the District PPPM indicating that employees will be paid once they reach the maximum Compensatory Time Off(CTO) accrual amount of 50 hours. Once the cap is reached, the employee will be paid for all overtime worked. Currently, the District PPPM does not state that employees will be paid once they have reached the 50 hour CTO accrual cap, even though such payment is a requirement of the District under the Fair Labor Standards Act (FLSA). By making this change, the language of the District PPPM will reflect the ongoing District practice. R-09-125 Page 2 The second change in this section provides that if CTO is used on the same day it is earned, the employee may request the time off work from their supervisor. If granted, CTO will be paid at the straight time pay rate. Currently, this benefit is defined in represented employee's Memorandum of Agreement(MOA), but is not included in the District PPPM, creating a disparity. These changes would make this provision in the District PPPM consistent with the MOA, thereby reducing the time it takes to process payroll. Section 5.7 — Longevity Pay Pro 7r�, am The proposed amendment would extend Longevity Pay to part-time District employees on a pro rata basis. Currently, longevity pay in the amount of 1% of an employee's annual compensation is only available to eligible Office, Supervisory and Management employees who have worked fulltime for the District for a minimum of ten (10) consecutive years, are currently at the top of his/her salary range, and have no below standard ratings on his/her last annual performance evaluation. This change would recognize long-term, continuous service to the District, regardless of the length of the workday. The second change in this section would delete the acronym "LTD" and replace it with Long Term Disability. Section 7.3 A— Administrative Leave— Salaried Employees- Allotment The proposed amendment provides that a payroll memorandum be provided in the first pay period of the calendar year stating the administrative leave hours to be allotted annually to each employee in order to ensure that employees are consistently informed of their administrative leave allotment. The second change in this section would delete the restriction that no more than 8 hours of administrative leave may be added to vacation time. Currently, employees can only use administrative leave a day at a time. This change will allow them to combine all of their administrative leave with their vacation and other leave allowances in the manner that best suits their personal situation. Use of the leave will still require approval of the employee's supervisor. FISCAL IMPACT There is no fiscal impact to the District. PUBLIC NOTICE Public notice was provided as required by the Brown Act. No additional notice is required. CEQA COMPLIANCE This resolution is not a project for purposes of the California Environmental Quality Act (Guidelines Section 15378) NEXT STEPS If approved, Staff will email all updated policies to District employees for incorporation into their Personnel Policies and Procedures Manual. Attachment(s) 1. Resolution 2. Section 5.6 Compensatory Time Policy—original and track changes R-09-125 Page 3 3, Section 5.7 Longevity Pay Program—original and track changes 4. Section 7.3 Administrative Leave— Salaried Employees Policy—original and track changes Prepared by: Annetta Spiegel, Human Resources Analyst Contact person: Annetta Spiegel, Human Resources Analyst RESOLUTION NO. 09- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING ADOPTION OF AMENDMENTS TO THE DISTRICT'S POLICIES AND PROCEDURES MANUAL WHEREAS, the purpose of the District's Personnel Policies and Procedures Manual is to provide a system of personnel administration based upon fairness, reasonableness, uniformity and equity; and to help ensure the District utilizes sound management practices, complies with applicable Federal, State and local laws and operates efficiently and effectively; to protect and clarify the rights and responsibilities of both the employees and the District; and WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District, upon recommendation by the General Manager, may amend the District's Personnel Policies and Procedures Manual ; NOW,THEREFORE,BE IT RESOLVED that the Board of Directors hereby amends the District's Personnel Policies and Procedures Manual, effective December 16, 2009 as set out in Attachments 2, 3, and 4 to this Resolution. Midpeninsula Regional Open Space District PERSONNEL POLICIES&PROCEDURES Section 9.6 Compensatory Time An hourly employee may elect compensatory time in lieu of overtime pay. Compensatory time is subject to a maximum accrual of 50 hours (33 and 1/3 hours worked computed at time and one half to a total of 50 hours). Once the cap is reached, employees will be paid for all overtime worked. Supervisor approval is required for use of compensatory time and shall normally be granted if the employee provides reasonable advance notice and if the granting of the time off does not unduly disrupt District operations. If the employee wants to use CTO on the workday in which the extra hours were worked, he/she will request the time off from his/her supervisor. Such CTO will be computed at a straight time rate. Unused compensatory time shall be paid at tertruination. Midpeninsula Regional Open Space District PERSONNEL POLICIES&PROCEDURES Section 9.6 Compensatory Time An hourly employee may elect compensatory time in lieu of overtime pay. Compensatory time is subject to a maximum accrual of 50 hours (33 and 1/3 hours worked computed at time and one half to a total of 50 hours). Once the can is reached, employees will be paid for all overtime worked. Supervisor approval is required for use of compensatory time and shall normally be granted if the employee provides reasonable advance notice and if the granting of the time off does not unduly disrupt District operations. If the employee wants to use CTO on the workda\, in which the extra hours were worked, he/she will request the time off from his/tier sLipeivisor. SLICII ("'I'() \Vill be COMI)LItcd at a straight time rate. Unused compensatory time shall be paid at termination. Midpeninsula Reg ional Open Space Disitict PERSONNEL POLICIES&PROCEDURES Section 5.7 Longevity Pay Program An Office, Supervisory and Management employee who has worked for the District for a minimum of ten (10) consecutive years, is currently at the top of his/her salary range, and has no below standard rating on his/her last annual performance evaluation,will be eligible to receive a one percent (1%) lump sum payment of annual salary each year after completion of the annual performance evaluation. This benefit applies to both full time and part time District employees. "The lump sum payment will not adjust the salary range and will not count toward the calculation of annual salary for the purpose of computing life insurance coverage or long term disability (L I'D) wages. Midpen' sula Reg' nal Open Space District in lo PERSONNEL POLICIES&PROCEDURES Section 9.7 Longevity Pay Program An Office, Supervisory and Management employee who has worked t It for the District for a minimum of ten (10) consecutive years, is currently at the top of his/her salary range, and has no below standard rating on his/her last annual performance evaluation, will be eligible to receive a one percent (1%) lump sum payment ofatintial s,,ilan- each year after completion of the annual performance evaluation. bencfitipplics to 1)()th full ut-m—ind ic, D',�trict et-nplm cs. The lump sum payment will not adjust the salary range and will not count toward the calculation of annual salary for the purpose of computing life insurance coverage or LTD wages. Midpeninsula Regional Open Space Dislfici PERSONNEL POLICIES&PROCEDURES Section 7.2 Personal Leave A. Allotment Regular full-time Office Staff and Area Superintendents shall earn thirty-six (36) hours Personal Leave time each calendar year. Regular full-time Field Supervisors shall earn thirty-two (32) hours personal leave time each calendar year. Regular part-time employees shall earn a pro-rated number of hours of personal leave time according to the average number of hours worked. B. Distribution Employees shall earn Personal Leave according to the following terms: 1) On the first pay period of each quarter, employees will earn one-quarter of the annual Personal Leave. Employees may maintain a maximum of the total amount of Personal Leave for which they are eligible each calendar year. Employees who reach this limit will not earn any additional Personal Leave at the time of allotment unless and until the amount of their accrued Personal Leave falls below this accrual limit. In that event, on the first pay period of the next quarter, employees shall earn only the amount of Personal Leave for which they are eligible, sufficient to reach their maximum allotment limit. 2) An employee hired during the course of a calendar year will earn a pro-rata number of Personal Leave hours for the remainder of that calendar year. 3) Employees who are in unpaid leave status during any quarter will receive a prorated amount of personal leave allotment in the next quarter. C. Usage 1) Supervisor approval is required for use of personal Leave and shall normally be granted if the employee provides reasonable advance notice, and if the granting of the time off does not unduly disrupt District operations. Except in emergency situations in which reasonable advance notice could not be given, no reason for use of personal leave need be given. 2) Personal Leave hours must be taken in one-half hour minimum increments. 3) Should an employee terminate his/her employment with the District, any Personal Leave the employee has remaining in his/her leave bank shall be paid to the employee at his/her current hourly rate of pay. Section7.3 Administrative Leave—Salaried Employees A. Allotment Administrative Leave time will be granted to salaried employees as follows: w Mid peninsula Re ional Open Space Distnicz PERSONNEL POLICIES&PROCEDURES 1) The Assistant General Manager and Department Managers will receive sixty- four G4 hours of Administrative Leave time per calendar year. ( ) p y 2) Salaried employees who are required to regularly attend night and/or weekend meetings, training, or other activities shall be eligible to receive a minimum of sixteen (1 G) hours and a maximum of forty (40) hours of Administrative Leave per calendar year. The General Manager, upon Department Manager recommendation, shall determine the amount of Administrative Leave allotted to each salaried employee by January V each year. Adjustments to the allotment can be made on a quarterly basis if the amount of night and/or q Y g weekend work requirements of the District change during the course of the year. 3) All other salaried employees will receive sixteen (16) hours of Administrative Leave per year. 4) Employees who are in unpaid leave status during any quarter will receive a prorated amount of Administrative Leave in the next quarter. 5) An annual payroll memo listing the number of administrative leave hours will be sent to each employee in the first pay period of each calendar year. B. Distribution On the first pay period of each quarter, employees will be allotted one-quarter of the annual Administrative Leave for which they are eligible. Employees may accrue a maximum of the total amount of Administrative Leave for which they are eligible each calendar year. Employees who reach this limit will not accrue any additional Administrative Leave unless and until the amount of their accrued Administrative Leave falls below the accrual limit. In that event, on the first pay period of the next quarter, employees shall accrue only the amount of Administrative Leave for which, they are eligible, sufficient to reach their maximum accrual limit. C. Usage Supervisor approval is required to use Administrative Leave. 2) Administrative Leave time must be taken in one-half hour minimum increments. 3) Should an employee terminate his/her employment with the District, any Administrative Leave the employee has remaining in his/her leave bank shall be paid to the employee at his/her current hourly rate of pay. 4) A salaried employee hired during the course of a calendar year will receive a pro-rata number of Administrative Leave hours for the remainder of that calendar year. Midpeninsula Regional Open Space District PERSONNEL POLICIES&PROCEDURES Section 7.2 Personal Leave A. Allotment Regular full-time Office Staff and Area Superintendents shall earn thirty-six (36) hours Personal Leave time each calendar year. Regular full-time Field Supervisors shall earn thirty-two (32) hours personal leave time each calendar year. Regular part-time employees shall earn a pro-rated number of hours of personal leave time according to the average number of hours worked. B. Distribution Employees shall earn Personal Leave according to the following terms: 1) On the first pay period of each quarter, employees will earn one-quarter of the annual Personal Leave. Employees may maintain a maximum of the total amount of Personal Leave for which they are eligible each calendar year. Employees who reach this limit will not earn any additional Personal Leave at the time of allotment unless and until the amount of their accrued Personal Leave falls below this accrual limit. In that event, on the first pay period of the next quarter, employees shall earn only the amount of Personal Leave for which they are elivible, sufficient to reach their maximum allotment limit. 2) An employee hired during the course of a calendar year will earn a pro-rata number of Personal Leave hours for the remainder of that calendar year. 3) Employees who are in unpaid leave status during any quarter will receive a prorated amount of personal leave allotment in the next quarter. C. Usage 1) Supervisor approval is required for use of Personal Leave and shall normally be granted if the employee provides reasonable advance notice, and if the granting of the time off does not unduly disrupt District operations. Except in emergency situations in which reasonable advance notice could not be given, no reason for use of personal leave need be given. 2) Personal Leave hours must be taken in one-half hour minimum increments. 3) Should an employee teriTuinate his/her employment with the District, any Personal Leave the employee has remaining in his/her leave bank shall be paid to the employee at his/her current hourly rate of pay. Section 7.3 Administrative Leave—Salaried Employees A. Allotment Administrative Leave time will be granted to salaried employees as follows: 1) The Assistant General Manager and Department Managers will receive sixty- four (64) hours of Administrative Leave time per calendar year. Midpen' sula Re Sd in regional Open Space DI117 PERSONNEL POLICIES&PROCEDURES 2) Salaried employees who are required to regularly attend night and/or weekend meetings, training, or other activities shall be eligible to receive a minimum of sixteen (16) hours and a maximum of forty (40) hours of Administrative Leave per calendar year. The General Manager, upon Department Manager recommendation, shall determine the amount of (Wiministrative Leave allotted to each salaried employee by January 1" each year. Adjustments to the allotment can be made on a quarterly basis if the amount of night and/or weekend work requirements of the District change during the course of the year. 3) All other salaried employees will receive sixteen (16) hours of Administrative Leave per year. Employees who are in unpaid leave status during any quarter will receive a prorated amount of Administrative Leave in the next quarter. B. Distribution On the first pay period of each quarter, employees will be allotted one-quarter of the annual Administrative Leave for which they are eligible. Employees may accrue a maximum of the total amount of Administrative Leave for which they are eligible each calendar year. Employees who reach this limit will not accrue any additional Administrative Leave unless and until the amount of their accrued Administrative Leave falls below the accrual limit. In that event, on the first pay period of the next quarter, employees shall accrue only the amount of Administrative Leave for which, they are eligible, sufficient to reach their maximum accrual limit. C. Usage Supervisor approval is required to use Administrative Leave. 2) Administrative Leave time must be taken in one-half hour miinirrium increments. 3) Should an employee terminate his/her employment with the District, any Administrative Leave the employee has remaining in his/her leave bank shall be paid to the employee at his/her current hourly rate of pay. 4) A salaried employee hired during the course of a calendar year will receive a pro-rata number of Administrative Leave hours for the remainder of that calendar year. Midpeninsula Regional • ' Open Space District R-09-118 Meeting 09-32 December 16, 2009 AGENDA ITEM 5 AGENDA ITEM Consideration of Amendments to the District's Policy for Public Contract Bidding, Vendor and Professional Consultant Selection, and Purchasing of Services and Sup ies GENERAL MANAGER'S RECOMMENDATION Aff Adopt the attached amendments to the Districts Public Contract Bidding, Vendor and Professional Consultant Selection and Purchasing Policy. . SUMMARY The District's Purchasing Policy requires revisions to comply with state law and to improve the District's efficiency in carrying out normal business functions by enabling staff to have the purchasing authority they need to effectively carry out their job duties, consistent with Board policy. DISCUSSION In July, 2002, the Board adopted the District's "Public Contract Bidding, Vendor and Professional Consultant Selection, and Purchasing Policy." (See R-02-94). The purpose of the Policy is to ensure that the District obtains quality services, supplies, and labor at the lowest cost consistent with law and to provide a uniform procurement method. The General Manager subsequently issued a more detailed Administrative Purchasing Policy in order for staff to implement the Board's Policy. This includes more administrative details, such as proper documentation of purchasing, proper use of purchase order forms, and the like. Selection of Consultants Section IILD. of the subject Board Policy establishes criteria for selection of professional consultant services. This section requires revision to conform to state law. Government Code Section 4526 requires that certain classes of consultants (architects, landscape architects, engineers, surveyors, construction managers, and environmental consultants) be selected on the basis of demonstrated qualifications and competence, with cost to be considered after staff has determined which consultants proposing to provide services to the District are most qualified. Fair and reasonable prices may be considered in ultimate selection and contract negotiation. R-09-118 Page 2 Section III.D. has been revised to clarify this distinction for these specific classes of consultants Purchasing Authority Section I. C. of the Board Policy authorized the General Manager to delegate purchasing authority to designated District positions in order to accomplish their job duties. The current Section 1. C. 4 requires the Department Manager to authorize purchasing authority with the approval of the General Manager, and such authority does not exceed $2,500. With the passage of time and the increase in costs for public works projects and supplies and services-iijs 'its appropriate to increase this level to $5,000 in order for District's staff to carry out t�� uties. As the District's needs have changed over the years, staff has been experiencing inefficiencies in obtaining contract and purchasing approval. Approval of this revision will permit the General Manager to determine which job classifications require purchasing authority and to determine the needed purchasing level, so long as that authority does not exceed $5,000. FISCAL IMPACT These revisions are not anticipated to have a fiscal impact as they are procedural changes. PUBLIC NOTICE Notice was provided as required by the Brown Act. No additional notice is necessary. CEQA COMPLIANCE No compliance is required as this action is not a project under CEQA. NEXT STEPS If approved, the revised Board Policy will be implemented. The General Manager will issue an updated delegation of purchasing authority consistent with the Policy. Attachment: Revised Public Contract Bidding, Vendor and Professional Consultant Selection, and Purchasing Policy Prepared by: Bunny Congdon, Interim Administration Manager Sue Schectman, General Counsel Contact person: Bunny Congdon, Interim Administration Manager MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PUBLIC CONTRACT BIDDING, VENDOR AND PROFESSIONAL CONSULTANT SELECTION, AND PURCHASING POLICY Purpose Statement: The purpose of this policy is to ensure that the District obtains quality services, supplies, material and labor at the lowest possible cost, and to provide a uniform method for procurement of services and supplies. In addition, through proper documentation, conformance to this Policy will enable the District's constituents to know that their public funds are being spent responsibly, and potential vendors and contractors to know that they are being treated equitably. I. PURCHASING AUTHORITY There are three levels of authority for purchases: Board Approval, General Manager Approval and General Manager Delegated Approval. The maximum purchasing authority amounts refer to the total price of an order, including tax and/or shipping, which may include more than one item and also includes change orders and contract amendments. As used in this Policy, the term "purchasing" refers collectively to contracting or procurement of services, supplies, material or labor, including Capital Improvements. A. Board Approval for Purchases In Excess of$25,000 If the cost for furnishing services, supplies, materials, labor, or other valuable consideration to the District will exceed Twenty-Five Thousand Dollars ($25,000), approval from the Board of Directors is required prior to entering into the contract. The Board may reject all bids and re-advertise, or by a five-sevenths vote may elect to purchase the materials or supplies in the open market, or to construct a building, structure, or improvement using District personnel. 1. Signature Contracts which have been approved by the Board shall be signed by the General Manager, or in the General Manager's absence, the-Nssi-,,t t- Acting General Manager, unless the Board has directed that the President sign on behalf of the District. The District Clerk shall sign all such contracts and affix the seal of the District. B. General Manager Approval for Purchases Not Exceeding $25,000 Pursuant to Public Resources Code 5549, the General Manager may obtain bids without advertisement or published notice inviting bids and may authorize and execute contracts for payment for services, supplies, material, labor, or other valuable consideration for any purpose, including the new construction of any building, structure, or improvement, in an amount not SAA Board Woings\2M RepurtsAq-3?an 16 2009 Special Mtg\Staff Purch@str1!1,Authorqy\?U0q 1/.,16 a revised jurrhasinqjak r_09 exceeding $25,000. Such expenditures shall be reported to the Board of Directors at its next regular meeting, and may be reported on the Board's Claims List. 1. Administrative Purchasing Policy/Procedure The General Manager shall issue an Administrative Purchasing Policy/Procedure, which provides appropriate guidance to staff to ensure that all District purchases are made in accordance with this Policy and required documentation procedures are followed. C. General Manager Delegated Approval for Purchases Not Exceeding $15,000 1. The Assistant General Man ager er may be authorized in writing, b the General Manager to g Y � g� Y b approve purchases not to exceed $15,000, and when acting as the General Manager, in his/her absence, may be delegated the General Manager's authority of$25,000. 2. The Department Managers may be authorized, in writing, by the General Manager,- to approve purchases relating to his/her area of responsibility not to exceed $10,000, 3. The Cieiieral Counsel Assistant General Counsel. and Area Superintendents may be authorized, in writing, by the General Manager to approve purchases not to exceed $5,000. 1 111s�ztpa1t=tl� Genes+ai Maaet;-tl lelrztrt} t�thurza =-auth< tize in-writ++ I lie <Je tieral Manager shall issue \vrritteii delegation of purchasing LithoEity to those iob classifications ,hose duties include making purchases within his or her area of res (,)isibilitv. Purchas authority limits shall be consistent Nvith this 1'91101.. D. Construction Change Orders Staff may issue change orders to a construction contract, provided that the aggregate of all change orders to that contract does not exceed fifteen percent (15%) of the original contract price, and does not exceed the total contract amount approved by the Board, General Manager or other District employee as authorized by this Policy, including any contingency amount. Any expenditure beyond the originally approved contract and contingency amount shall be approved by the party authorized at that expenditure level under this Policy. II. SOLICITATION OF BIDS A. Solicitation of Formal Advertised Bids for Expenditures Exceeding $25,000 When any expenditure is expected to exceed $25,000, the District shall publish a notice inviting bids a minimum of one week prior to the time of receiving bids, in a general circulation newspaper published in the District. This type of formal bidding process typically includes the issuance of written plans or specifications describing the goods or services to be provided and the receipt of written bids from the vendors involved. Solicitation of formal bids from a minimum of three vendors is required. Following Board approval, the contract shall then be executed by the General Manager(or the Ass-i t-Actipu General Manager when-a-cl-mg as the,-G -"=snag Page 2 in his/her absence,), unless the Board President's signature is required. The Contract shall be awarded to the lowest responsible, responsive bidder, except as otherwise provided in this Policy. B. Solicitation of Three Written Bids for Expenditures Exceeding $10,000 but Not Exceeding$25,000 When any expenditure is expected to exceed $10,000, but not exceed $25,000, the District shall solicit written proposals from a minimum of three (3) vendors. The General Manager:s. Assistant Gene real M� n igyejj. -or A-,s,i,,ti+n-t-Acti ng, General Manager's approval of the contract or purchase order is required as applicable under this Policy. C. Solicitation of Three Verbal Quotes for Expenditures Exceeding $1,000 but Not Exceeding $10,000 When any expenditure is' expected to exceed $1,000, but not exceed $10,000, the staff member responsible for the purchase is to solicit a minimum of three (3) verbal quotes to provide the goods or services. Such quotes shall be documented in writing pursuant to the Administrative Purchasing Policy/Procedure. D. Expenditures Not Exceeding$1,000 Staff members shall obtain competitive cost information, whenever reasonably feasible, for any District purchase even though formal cost quotations are not required for goods or services costing $1,000 or less. This information shall be documented in writing pursuant to the Administrative Purchasing Policy/Procedure. Ill. EXCEPTIONS TO STANDARD PURCHASING PROCEDURES A. Emergency Conditions An emergency is defined as a breakdown in machinery or equipment resulting in the inability of the District to provide services, or a threat to public health, safety, or welfare, including, but not limited to, threatened damage to natural resources. In the case of an emergency requiring an immediate purchase, the General Manager may authorize the Assistant General Manager or Department Manager or his/her designee to secure in the open market, at the lowest obtainable price, any services, supplies, material or labor required to respond to the emergency, regardless of the amount of the expenditure. The General Manager shall, as soon as possible, provide a full written explanation of the circumstances to the Board. In the case of a disaster or for civil defense, nothing contained in this Policy shall limit the authority of the General Manager to make purchases and take such other emergency steps as are, or may be, authorized by the Board. B. Limited Availability/Sole Source Page 3 Occasionally, necessary supplies, material, equipment, or services are of a unique type, are of a proprietary nature, or are otherwise of such a required and specific design or construction, or are specifically necessary for purposes of maintaining cost effective system consistency, so as to be available from only one source. After reasonable efforts to find alternative suppliers, the District may dispense with the requirement of competitive bids and recommend negotiating and making the purchase from the sole source. The basis for the sole source recommendation shall be documented in writing and approved, in advance, by the Board for purchases exceeding $25,000, and the General Manager or another authorized District employee, as designated in this Policy, for purchases not exceeding $25,000. C. Cooperative Purchasing The District shall have the authority to join in cooperative purchasing agreements with other public agencies, (e.g. the State of California, Santa Clara County or San Mateo County), to purchase goods or services at a price established by that agency through a competitive bidding process. The General Manager, or Assistant General Manager in his/her absence, may authorize and execute such cooperative purchasing agreements. 1. Purchases Exceeding$25,000 The formal competitive bidding procedures of Section II.A. for purchases exceeding $25,000 are not required when the other public agency has secured a price through a formal, advertised competitive bidding process. Board approval is required prior to purchase. 2. Purchases Not Exceeding $25,000 The bidding procedures of Section 11. B. for purchases not exceeding $25,000 are not required when the other public agency has secured a price through a competitive bidding process. Approval from the General Manager or his/her authorized designee is required prior to purchase. D. Professional Services Professional consultant services are of a technical and professional nature, and, due to the nature of the services to be provided, do not readily fall within the "low bid" competitive bidding process. In addition. State law requires that selection of professional consultants ill the cat�orics ofarcllit cts. laiidscar)e architects. cii Jneers Surveyors, consti-Lictioii niaiia4?crs, iliid ellViroiimentpl C011SUIting be made on the basis of demonstrated competence and the professional qualifications necessary for the satisfactory performance of the required services. Professional consultants should be individually selected for a specific project or problem with the objective of selecting the most qualified consultant at a price that is fair and reasonable. Professional services agreements shall not be split into smaller units, nor shall contract amendments be used, for the purpose of circumvention of this Policy. As used in this Policy, "professional service agreement" shall mean and include all professional service agreements, which are part of or related to the same project or program for which the consultant is being retained, and annual service agreements to provide services on an ongoing Page 4 basis in any fiscal year. This policy shall include, but not be limited to, services in the following fields: Engineering (for example, civil, acoustical, mechanical, electrical, structural, and traffic) Architecture Landscape Architecture City and Regional Planning Economic Analysis Property Appraisals/Analysis Property Acquisition Financial Services Data Processing Services Project Management Environmental Planning and Analysis Land Surveying Legal Services Personnel Consultants/Facilitators/Coaches Recruitment Services Safety Services Trainers Veh4+-4e--Retx wi 1. Selection Procedures for Professional Services in Excess of$25,000 When the cost for professional services is expected to be in excess of$25,000, the District shall prepare a Request for Qualifications (RFQ) outlining the professional's qualifications, relevant experience, staffing and support and hourly rates as a basis for negotiating a contract or a Request for Proposal (RFP) outlining the terms, conditions and specifications of the services required by the District. A minimum of three (3) qualified firms or individuals shall be invited to submit proposals. District staff will review the proposals received, will select the most qualified firms for interviews, and will rank the consultants based upon the following criteria: i. Ability of the consultants to perform the specific tasks outlined in the RFP/RFQ. ii. Qualifications of the specific individuals who will work on the project. iii. Amount and quality of time key personnel will be involved in their respective portions of the project. iv. Reasonableness of the fee requested to do the work; comparability of fee to similar services offered by other qualified consultants. V. Demonstrated record of success by the consultant on work previously performed for the District or for other public agencies or enterprises. vi. The specific method and techniques to be employed by the consultant on the project or problem. vii. Ability of the consultant to provide appropriate insurance in adequate amounts, including errors and omissions if applicable. Page 5 For the c: C 4te(-,ories ot'arcli'tects. 1�uidscaDe architects, qguiecrs. SUI-\eVOI'S. construction �ina, ers. and environmental consultants initial selection Ot'tllC Iu( St ClUalifiCd and C0111Petent consultants shall not inc I Lide t tic cost criteria I isted in Scct Ion 111. 1).1, 1\ ofth Is Po I icN. After staff lias deterninied the most (ILIalit'led�rnd conipetent consuluints, this cost critel-l'a sliall be consldcred in nct-'otij,tin,-) a )rqlkssional services aurcenient wlt[i and -t-inal selection ol' the consultant. 2. Selection Procedures for Professional Services in Excess of$10,000 but Not Exceeding $25,000 District staff shall solicit written proposals from a minimum of three (3) qualified consultants. A formal RFP/ RFQ is not required. The selection shall be based upon the criteria noted in Section 111. D.1. The General Manager or his/her authorized designee may approve the selection and execute the agreement. 3. Selection Procedures for Professional Services in Excess of$2,500 but Not Exceeding $10,000 District staff shall maintain current files on qualified consultants in appropriate categories. The department shall, by telephone or letter, contact at least three (3) qualified consultants and request them to submit a proposal either orally or in writing. Oral proposals shall be memorialized in writing, pursuant to the Administrative Purchasing Policy/Procedure. The selection shall be based upon the criteria noted in Section 111. D.1. -The authorized Department Manager or other authorized District employee may approve the selection and execute the agreement. 4. Renewal of Contracts with Professional Consultants The District may, at its sole discretion, and after following required consultant selection procedures, enter into consultant agreements which contain provisions authorizing their extension or renewal. However, recommendations to extend or renew an existing contract with a professional consultant should include an annual written evaluation of the work performed by the consultant as well as a determination that the fees being charged are comparable to similar services offered by other consultants at the time of renewal or extension. If the total amount of the original and renewed contract in any one fiscal year does not exceed $25,000, the General Manager or his/her authorized designee may execute the agreement. If the total amount exceeds $25,000, the request must be approved by the Board. 5. Conflict of Law These procedures are not applicable where superseded by local, state or federal law, where the terms of grant funding provide for the use of other consultant selection procedures, or where the District is obligated to select consultants through the use of different procedures, such as due to the requirements of an insurance or self-insurance program. 6. Special Circumstances Page 6 These procedures are not applicable when three (3) qualified firms or individuals are unavailable, or if it is appropriate and in the best interest of the District under the specific circumstances of the project at issue, to limit the number of consultants solicited. The basis for such action shall be documented in writing and approved by the General Manager.-Or the Assistant General Manager. or the Acting, General Manager in his/her absence. When Board approval is required, the documented basis for such action shall be included in the report to the Board. E. Open Purchase Orders for Routine and Repetitive Supplies and Services Open purchase orders may be entered into with vendors who are expected to supply routine services, supplies, materials or labor to the District on a regular basis throughout the fiscal year (such as gasoline, discing, road maintenance, vehicle maintenance, printing, office supplies and field hardware). Open purchase orders shall be closed at the conclusion of each fiscal year. Vendors of repetitive supplies and services shall be selected through the competitive bidding procedures set out in Section 11, based upon the anticipated or budgeted cumulative cost of the supply or service. Where competitive bidding procedures cannot feasibly be done, a comparison of vendors' prices on representative sample items will be made and staff will provide written documentation of the price quotations used to select the vendor with the lowest cost, pursuant to the Administrative Purchasing Policy/Procedure. Multi-year contracts can be let only when appropriate and necessary to secure the best pricing or assure continuity of service. An annual review of the services and prices provided shall be documented by District staff to assure that the vendor is meeting the District's needs and expectations and remains at a competitive price. Whenever feasible, multi-year contracts for service or supplies shall provide that the option to renew or extend the contract is at the District's sole discretion. IV GENERAL PROVISIONS A. Conflict of Interest No District employee or official shall be financially interested, directly or indirectly, in any purchase, contract, sale, or transaction to which the District is a party and which comes before said official or employee for recommendation or action. Any purchase, contract, sale, or transaction in which any employee or official is or becomes financially interested shall become void at the election of the District. No employee or official shall realize any personal gain from any purchase, contract, sale, or transaction involving the District. B. Credit Cards The General Manager may approve the use of District credit cards for District purchases by authorized employees. The employee utilizing a credit card cannot exceed his/her purchasing authority, as authorized in this Policy_,-and as delegatcd by the Gcn,eral )44!jqger, and must follow the credit card procedures outlined in the Administrative Purchasing Policy/Procedure. C. Purchase of Recycled Products District staff shall purchase recycled products whenever such products are available at equal cost to non-recycled products and when fitness and quality are equal. When recycled products are Page 7 1( Y: IluHic Coj'ilracl KIUOML� used, the supplier shall label the products to indicate that they contain recycled materials, and specify the minimum percentage of recycled material in the products. D. Violations of This Policy Employees are subject to disciplinary action up to and including termination for violation of this Policy. Adopted July 24, 2002 Re\ised Deceinher 16.1 2009 Page 8 Midpeninsula Regional Open Space District R-09-124 Meeting 09-32 December 16, 2009 AGENDA ITEM 6 AGENDA ITEM Approve the purchase of the Mendez property as an addition to the Mt. Umunhum area of Sierra Azul Open Space Preserve, located along Mt. Umunhum-Loma Prieta Road (Santa Clara County Assessor's Parcel Number 562-20-021); Adopt the Preliminary Use and Management Plan; and Approve a Categorical Exemption in Accordance with the California Environmental Quality Act. 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. Adopt the attached Resolution authorizing the purchase of the Mendez property. 3. Adopt the Preliminary Use and Management Plan contained in this report, including naming the property as an addition to the Mt. Umunhum Area of Sierra Azul Open Space Preserve. SUMMARY The Midpeninsula Regional Open Space District (District) is proposing to purchase the I 0-acre Mendez property, at a price of$100,000. The following report presents a description of the Mendez property, a Preliminary Use and Management Plan, the environmental review, the purchase terms and conditions and financial considerations. DISCUSSION The I 0-acre Mendez property is located along Mt. Umunhum-Loma Prieta Road located along the prominent ridgeline between Mt. Umunhum to the north-west and Mt. Loma Prieta to the south-east. The property straddles the scenic ridgeline visible from Santa Clara and Santa Cruz Counties and is surrounded by the District's Sierra Azul Open Space Preserve. R-09-124 Page 2 Property Description (see attached map) The Mendez property is an in holding and natural extension to the Mt. Umunhum Area of Sierra Azul Open Space Preserve. The property is situated along the prominent ridgeline between Mt. Umunhum and Mt. Loma Prieta, which separates the Herbert and Alamitos Creek watersheds to the north and the Lexington Creek watershed and the lands of San Jose Water Company to the south and west. The property enjoys excellent views of the surrounding Santa Cruz Mountains,. the Monterey Bay and the Santa Clara Valley. The rectangular parcel includes a small knoll on the northwest corner. Loma Prieta Road passes through the southwest corner of the property, providing access to the southeastern portion of the open space preserve and eventually Forest of Nisene Marks State Park. Some day this road may become a valuable link in the planned Bay Area Ridge Trail, connecting Mt. Umunhum to Loma Prieta and Mt. Madonna. This acquisition is important in terms of protecting scenic views, valuable watershed and wildlife habitat, and providing opportunities for regional trail connections, including those to State and County parklands. Except for the road, the property supports dense chaparral community which is dominated by Manzanita. Commonly associated plants include chamise, buckbrush, scrub oak, toyon, coffeberry and coyote brush. Common mammals in the chaparral community include black-tailed deer, coyote, brush rabbit, and dusky-footed wood rat. The property is also identified as potential habitat for the endangered Coast Homed Lizard. Mt. Umunhum-Loma Prieta Road serves as patrol and maintenance access to the surrounding preserve. The primary use of the land would be for viewshed protection, wildlife habitat and future public trail opportunities. USE AND MANAGEMENT Planning Considerations The property is located within the unincorporated area of Santa Clara County and zoned HS (Hillside), requiring a 20 to 160-acre minimum lot size based upon a slope density formula. The property is comprised of one legal parcel and has a potential density of one residential site. Residential development of the upper portion of the property would be feasible due to easy access on Loma Prieta Road. Preliminary Use and Management Plan (Next Steps) The principal purpose of the Preliminary Use and Management Plan is to establish a status quo land management approach to be effective in the interim between the purchase and the completion of a subsequent long-term plan. The Preliminary Use and Management Plan will take effect at the close of escrow and remain effective until the Master Plan is approved for Sierra Azul Open Space Preserve. The Preliminary Use and Management Plan includes posting signs and routine patrol. The property will be maintained in its current condition, with no changes anticipated. If changes to land use or the physical environment are proposed in the future, the plan would be subject to further environmental review and public input. Public Access: Closed to public use Signs and Site Review and install preserve boundary signs where appropriate. Security: R-09-124 Page 3 Patrol: Routinely patrol the property utilizing the existing road. Site Safety There are no known safety hazards on the site. Inspection: Name: Name the property as an addition to the Mt. Umunhum area of Sierra Azul Open Space Preserve. Dedication: Indicate the intention to dedicate the property as public open space after approval of the Bear Creek Redwoods/Sierra Azul Open Space Preserve Master Plan. CEQA COMPLIANCE Project Description The project consists of the purchase of a 10-acre property as an addition to the Mt. Umunhum area of Sierra Azul Open Space Preserve, and the concurrent adoption of a Preliminary Use and Management Plan for the property. The land will be permanently preserved as open space and will be maintained in its natural condition. CEQA Determination The District concludes this project will not have a significant effect on the environment. It is categorically exempt from CEQA (California Environmental Quality Act) under Article 19, Sections 15316, 15317, 15325 and 15061(b)(3) of the CEQA Guidelines as follows: Section 15316 exempts the acquisition of land in order to create parks if the site is in its natural condition and the management plan proposes to keep the area in its natural condition. The Preliminary Use and Management Plan specified that the land will not be developed and will remain in its natural condition. Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area. The District will acquire fee interest and maintain the open space character of the property. Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. The acquisition will transfer ownership to the District and ensure the property is preserved as open space by incorporating it into the Mt. Umunhum Area of Sierra Azul Open Space Preserve. The acquisition qualifies under all three sections and is also exempt under section 15061(b)(3), as there is no possibility the actions may have a significant effect on the environment. TERMS & CONDITIONS The 10-acre Mendez property is being purchased at a price of$100,000 ($10,000 per acre) on an all cash basis at the close of escrow. The property is currently listed in the open real estate market at $229,000. The purchase price is considered fair and reasonable for a single building site and is well supported by recent sales within this real estate market area. The property is R-09-124 Page 4 vacant and being purchased on an "As-Is" basis. Staff has conducted site inspections of the property and is satisfied that no contamination or hazardous conditions exist on the property. BUDGET CONSIDERATIONS 2009-2010 Budget for New Land Purchases: New Land $20,100,000 Land purchase commitments this fiscal year ($8,395,000) Mendez property purchase ($ 100,000) Maas Property purchase (also on this agenda) 1,000,000) New Land Purchase Budget Remaining $10,605,000.00 Controller M. Foster was consulted on this proposed purchase and has indicated that, considering cash flow and account balances, funds are available for this property purchase. PUBLIC NOTICE Public notice was provided as required by the Brown Act. No additional notice is required. NEXT STEPS Upon approval by the Board of Directors, staff will proceed with close of escrow for the purchase of the property. The District's Foothills Field staff will manage the property as an addition to the Mt. Umunhum area of Sierra Azul Open Space Preserve. Attachments: 1. Resolution 2. Map Prepared by: Michael Williams, Real Property Manager Contact person: Same as above Graphics prepared by: Zachary Alexander, Planning Technician RESOLUTION 09- RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING GENERAL MANAGER OR OTHER OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE - LANDS OF MENDEZ) The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between Heirs or Devisees of Eudocia Mendez, Deceased and the Midpeninsula Regional Open Space District, a copy of which purchase agreement is attached hereto and by reference made a part hereof, and authorizes the President or other appropriate officer to execute the Agreement on behalf of the District to acquire the real property described therein ("the Mendez Property"). Section Two. The General Manager, President of the Board of Directors or other appropriate officer is authorized to execute Certificate of Acceptance for the Grant Deed on behalf of the District. Section Three. The General Manager or the General Manager's designee shall cause to be given appropriate notice of acceptance to the seller and to extend escrow if necessary. Section Four. The General Manager is authorized to expend up to $2,500 to cover the cost of title insurance, escrow fees, site clean up and other miscellaneous costs related to this transaction. Section Five. The General Manager and General Counsel are further authorized to approve any technical revisions to the attached Agreement and documents which do not involve any material change to any term of the Agreement or documents, which are necessary or appropriate to the closing or implementation of this transaction. Section Six. The purpose of this Section is to enable the District to reimburse its general fund for the cost of certain land acquisitions. The District wishes to finance certain of these real property acquisitions and expects to use tax-exempt debt, such as bonds, but a tax-exempt financing is not cost justified for the District unless the principal amount of the financing is large enough to justify the related financing costs. Consequently, it is the District's practice to buy property with its general funds and, when a tax-exempt financing is cost justified based on the aggregate value of acquisitions, to issue tax-exempt obligations to reimburse itself for previous expenditures of general funds. These general funds are needed for operating and other working capital needs of the District and are not intended to be used to finance property acquisitions on a long-term basis. U.S. Income Tax Regulation Section 1.150-2 requires an issuer of tax-exempt debt to declare its intent to use a portion of tax-exempt debt proceeds for reimbursement of expenditures prior to the payment of the expenditures. Accordingly, the Board of Directors hereby declares its intent to issue tax-exempt obligations in the maximum principal amount of$100,000 and to use a portion of the proceeds of the obligations for reimbursement of District expenditures for acquisition of the Maas Property that are paid before the date of issuance of the obligation. To Mt. U II { 7 ow' Cathermole Rd ",)a Pri e, Sierra Azul Open Sp ape Preser , - Q Mendez 10 Acres • r Vic, %' San : .. Jose x Water til Company '. a , N / y �+ N1 rPPk X11 a iet�� ET \. - �_` �oIfNa Prietady y - U '. 2 /y Mt. Umunhum - Loma Prieta Road: Mendez Parcel Midpeninsula Regional MROSD Watershed Land Open Space District Other Protected Open Space November 2009 or Park Lands Mendez Parcel . m 11— . . 0 0.125 0.25 0.5 Midpeninsula Regional Open Space District R-09-126 Meeting 09-32 December 16, 2009 AGENDA ITEM 7 AGENDA ITEM Approve the purchase of the Maas property as an addition to the Cathedral Oaks area of Sierra Azul Open Space Preserve, located along Cathermole Road (Santa Clara County Assessor's Parcel Number 562-03-006); Adopt the Preliminary Use and Management Plan; and Approve a Categorical Exemption in Accordance with the California Environmental Quality Act. GENERAL MANAGER'S RECOMMENDATIONS 4��W 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set out in this report. 2. Adopt the attached Resolution authorizing the purchase of the Maas property. 3. Adopt the Preliminary Use and Management Plan contained in this report, including naming the property as an addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve. SUMMARY The Midpeninsula Regional Open Space District(District) is proposing to purchase the 42.53- acre Maas property, at a price of$1,000,000. The following report presents a description of the Maas property, a Preliminary Use and Management Plan, the environmental review, the purchase terms and conditions and financial considerations. DISCUSSION The 42.53-acre Maas property is located about 8 miles south of Los Gatos along Cathermole Road on the south facing hillside overlooking San Jose Water Company's Lake Elsman reservoir. The Maas property is the only improved property and private holding along the upper Los Gatos Creek watershed and is surrounded by the lands of San Jose Water Company (Water Company) and nearby the District's Sierra Azul Open Space Preserve (Preserve). The purchase of the Maas property would further protect the watershed and protect a potential future trail connection between the County-owned portion of Cathermole Road along the Los Gatos Creek and Mt. Umunhum-Loma Prieta Road. R-09-126 Page 2 Property Description (see attached map) The Maas property is located in the densely wooded, upper watershed of Los Gatos Creek on the south facing hillside overlooking Lake Elsman reservoir. The reservoir is used as a domestic water source for the Santa Clara Valley and is filled from the headwaters of Los Gatos Creek to the east and north and the Austrian Gulch to the north. The rectangular property is surrounded by the watershed lands of San Jose Water Company. Austrian Gulch and the Cathedral Oaks area of the Preserve are located approximately .5 mile to the west. The Mt. Umunhum area of the Preserve is located approximately one mile to the east. Loma Prieta Ridge, to the north and east at an elevation of 3,000 feet, provides a dramatic backdrop to the property. Prominent natural features of the property include diverse forest, valuable drinking water watershed, and rugged, scenic hillsides. Elevations on the property range from 1,400 feet along the western boundary to 1,800 feet along the eastern boundary. The property has a good view of Lake Elsman and the surrounding forested hillsides. The property supports dense mixed evergreen/Douglas fir forest, which transitions to a knobcone pine forest and chaparral community along the upper elevations on its eastern boundary. Common mammals on the property include black-tailed deer, coyote, brush rabbit, and dusky-footed wood rat. Cathermole Road Cathermole Road serves as a District patrol road between the Cathedral Oaks area of the Preserve along Los Gatos Creek and Loma Prieta Ridge. The use of Cathermole Road dates back to the late 1800s. Below the dam, Cathermole Road is a public County Road which travels along the north bank of Los Gatos Creek connecting to Wrights Station Road via a bridge before ascending to Summit Road to the south. Beginning at the reservoir, Cathermole Road is a private road which ascends and connects to Mt. Umunhum-Loma Prieta Road. The Water Company has indicated that they have historically maintained the section of Cathermole Road to the Maas property as part of their surrounding watershed ownership. After the 1989 Loma Prieta earthquake and the El Nifio winter of 1997, Cathermole Road was used by Mr. Maas and another private resident as an emergency access road to Mt. Umunhum- Loma Prieta Road because portions of Wrights Station and Cathermole Roads were impassable. Purchase of the Maas property would consolidate the ownership of the private section of Cathermole Road between Water Company lands and the District's Sierra Azul Open Space Preserve. Existing Structures and Improvements The property is improved with a two-story residence with 2,800 square feet of living area, built around 1949 when the original owner relocated from the area below Lake Elsman to allow for the construction of Austrian Dam. The current owner used the house as a single family residence; however, both the lower and upper levels of the structure have a kitchen, bathroom and a separate exterior entry with no interior stairway between the two floors. The lower level consists of two bedrooms and two bathrooms, and the upper level has two bedrooms and two R-09-126 Page 3 bathrooms. Therefore, the house could also function as a duplex, which is the most notable and unusual amenity for the District to purchase with open space land. The residence is served by a spring fed water system, a septic system, and solar panels and propane providing power and heating. The property also has a utility building which houses a generator and solar batteries, garage and several small accessory structures. The property has an extensive network of interior roads which lead to a building pad, the high point of the property and several springs, all located within the parcel boundary. In July of this year, District staff met with Water Company staff to tour the property and discuss our shared interest of protecting the drinking water watershed and open space resources of this area. Because the Water Company does not have resident watershed managers, the Water Company was not interested in the residential structures on the property for management purposes. Similarly, the property's remote location does not lend itself as a District employee residence for patrol and management of the Preserve. On an interim basis, the residence will be used as a private rental or caretaker residence administered by the District's Property Management program. The District will need to work with the Water Company to consider future use or disposition of the structures to protect the surrounding drinking water watershed and open space lands and evaluate future trail connections from Loma Prieta area to the Wrights Station Road area. USE AND MANAGEMENT (NEXT STEPS) Planning Considerations The property is located within the unincorporated area of Santa Clara County and zoned HS (Hillside), requiring a 20 to 160-acre minimum lot size based upon a slope density formula. The property is comprised of one legal parcel and has a potential density of one residential site. Further residential development of the upper portion of the property would impact the watershed resources and scenic qualities of the surrounding open space and Water Company lands. The subject property is located in a region identified as a trail connection to Wrights Station Road from the Loma Prieta Ridge in the draft Bear Creek Redwoods/Sierra Azul Master Plan, The Upper Los Gatos Creek Watershed is also identified as a priority conservation area in a study conducted by the Association of Bay Area Governments (ABAG). Preliminary Use and Management Plan (Next Steps) The principal purpose of the Preliminary Use and Management Plan is to establish a status quo land management approach to be effective in the interim between the purchase and the completion of a subsequent long-term plan. The Preliminary Use and Management Plan will take effect at the close of escrow and remain effective until the Master Plan is approved for Sierra Azul Open Space Preserve. The Preliminary Use and Management Plan includes securing the site, posting signs, conducting resource management activities, and assessing use or disposition of structures for management of the property, as described more fully below. The property will be maintained in its current condition with no changes anticipated. If changes to land use or the R-09-126 Page 4 physical environment are proposed in the future, the plan would be subject to further environmental review and public input. Public Access: Closed to public use. Structures and Lease the residence as a rental or caretaker residence under the General Improvements: Manager's authority to approve month-to-month leases. Evaluate residence for long-term use or disposition. Roads and Work with San Jose Water Company to maintain Cathermole Road in a Trails: serviceable condition. Implement minor maintenance and erosion and sediment control measures for internal roads in accordance with District standards. Prepare a more detailed road and trail assessment of the entire property as part of the subsequent planning process. Resource Conduct invasive plant and animal management activities consistent with the Management: District's standard policies and procedures. Signs and Site Review and install closed area and preserve boundary signs where Security: appropriate. Patrol: Routinely patrol the property utilizing Catheri-nole Road. Site Safety There are no known safety hazards on the site. Inspection: Name: Name the property as an addition to the Cathedral Oaks area of Sierra Azul Open Space Preserve. Dedication: Withhold dedication of the property as public open space. Review dedication status as part of the subsequent planning process. Subsequent Integrate the property into the Sierra Azul Open Space Preserve Master Plan Planning: currently under preparation. CEQA COMPLIANCE Project Description The project consists of the purchase of a 42.53 acre property as an addition to the Cathedral Oaks area of Sierra Azul Open Space Preserve, and the concurrent adoption of a Preliminary Use and Management Plan for the property. The land will be permanently preserved as open space and will be maintained in its natural condition. CEQA Determination R-09-126 Page 5 The District concludes this project will not have a significant effect on the environment. It is categorically exempt from CEQA (California Environmental Quality Act) under Article 19, Sections 15301, 15316, 15317, 15325 and 15061(b)(3) of the CEQA Guidelines as follows: Section 15301 exempts operation, repair, maintenance, permitting, leasing, licensing or minor alteration of existing public or private structures, facilities, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The property will be closed to the public; minor resource management activities will occur; existing roads will be maintained according to District standards and the residence will be leased and maintained in a habitable condition. Section 15316 exempts the acquisition of land in order to create parks if the site is in its natural condition and the management plan proposes to keep the area in its natural condition. The Preliminary Use and Management Plan specified that the land will not be developed and will remain in its natural condition. Section 15317 exempts the acceptance of fee interests in order to maintain the open space character of an area. The District will acquire fee interest and maintain the open space character of the property. Section 15325 exempts transfers of ownership of interests in land in order to preserve open space. The acquisition will transfer ownership to the District and ensure the property is preserved as open space by incorporating it into the Mt. Umunhum Area of Sierra Azul Open Space Preserve. The acquisition qualifies under all four sections and is also exempt under section 15061(b)(3), as there is no possibility the recommended actions may have a significant effect on the environment. TERMS & CONDITIONS The 42.53-acre Maas property is being purchased at a price of$1,000,000 (approximately $23,500 per acre) on an all cash basis at the close of escrow. The property is currently listed in the open real estate market at $1,200,000. The property is improved with a two story residence currently used as a single family residence, but potentially serving as a duplex since it has multiple kitchens. The property is being purchased on an "As-Is" basis, and staff has conducted thorough due !, diligence investigations and an inspection of the property. Staff has inspected the property and reviewed the Santa Clara County's property records and files, and is satisfied that no underground storage tanks or hazardous waste exists on the property. As a condition of the purchase agreement, the seller has been very cooperative in removing vehicles, equipment, furniture, miscellaneous items and debris including hazardous waste such as fuel and paint containers located at the garage. The District has the right to withhold $15,000 in R-09-126 Page 6 escrow to ensure that the removal of these items is completed prior to the close of escrow. Staff will inspect the site clean up work and verify this work is completed to the District's satisfaction prior to releasing this amount. BUDGET CONSIDERATIONS 2009-2010 Budget for New Land Purchases: New Land $20,100,000 Land purchase commitments this fiscal year ($8,395,000) Maas property purchase ($1,000,000) Mendez property purchaE (also on this agenda) ($ 100,000) New Land Purchase Budget Remaining $10,605,000.00 Controller M. Foster was consulted on this proposed purchase and has indicated that, considering cash flow and account balances, funds are available for this property purchase. PUBLIC NOTICE Public notice was provided as required by the Brown Act. San Jose Water Company was provided a written notice of this proposed purchase. No additional notice is required. NEXT STEPS Upon approval by the Board of Directors, staff will proceed with close of escrow for the purchase of the property. The District's Foothills Field staff will manage the property as an addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve. Attachments: 1. Resolution 2. Map Prepared by: Michael Williams, Real Property Manager Contact person: Same as above Graphics prepared by: Galli Basson, Planning Technician RESOLUTION 09- RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT, AUTHORIZING GENERAL MANAGER OR OTHER OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE - LANDS OF MAAS) The Board of Directors of Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of Midpeninsula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement between Cliff Maas, as Trustee of the 2001 Cliff Maas Trust, Under Trust Agreement dated June 5, 2001 and the Midpeninsula Regional Open Space District, a copy of which purchase agreement is attached hereto and by reference made a part hereof, and authorizes the President or other appropriate officer to execute the Agreement on behalf of the District to acquire the real property described therein ("the Maas Property"). Section Two. The General Manager, President of the Board of Directors or other appropriate officer is authorized to execute Certificate of Acceptance for the Grant Deed on behalf of the District. Section Three. The General Manager or the General Manager's designee shall cause to be given appropriate notice of acceptance to the seller and to extend escrow if necessary. Section Four. The General Manager is authorized to expend up to $5,000 to cover the cost of title insurance, escrow fees, site clean up and other miscellaneous costs related to this transaction. Section Five. The General Manager and General C ounsel are furtherau thorized to approve ally e technical revisions to the attached AgreementY and documents which do not involve an material change to any term of the Agreement or documents, which are necessary or appropriate to the closing or implementation of this transaction. Section Six. The purpose of this Section is to enable the District to reimburse its general fund for the cost of certain land acquisitions. The District wishes to finance certain of these real property acquisitions and expects to use tax-exempt debt, such as bonds, but a tax-exempt financing is not cost justified for the District unless the principal amount of the financing is large enough to justify the related financing costs. Consequently, it is the District's practice to buy property with its general funds and, when a tax-exempt financing is cost-justified based on the aggregate value of acquisitions, to issue tax-exempt obligations to reimburse itself for previous expenditures of general funds. These general funds are needed for operating and other working capital needs of the District and are not intended to be used to finance property acquisitions on a long-term basis. U.S. Income Tax Regulation Section 1.150-2 requires an issuer of tax-exempt debt to declare its intent to use a portion of tax-exempt debt proceeds for reimbursement of expenditures prior to the payment of the expenditures. Accordingly, the Board of Directors hereby declares its intent to issue tax-exempt obligations in the maximum principal arnount of$1,000,000 and to use a portion of the proceeds of the obligations for reimbursement of District expenditures for acquisition of the Maas Property that are paid before the date of issuance of the obligation. Maas Property - Sierra Azul OSP n Open Space Preserve a Sierra Azut Open Space Preserve Maas Property P Y . 42.53 Acres t i% {l a I rl q a�hermuje, ,_� � a �� San R��IC/ Jose Water Company rH El Road 0 `m 0 a` 0 m m a R a a MROSD Watershed Land Maas Parcel e 0 0,25 0.5 t [- Private Other Protected Open Space Other Public AQencv Miles Produced by Midpeninsula Regional Open Space District, October 2009 4 Midpeninsula Regional Open Space District R-09-117 Meeting 09-32 December 16, 2009 AGENDA ITEM 8 AGENDA ITEM Annual Meeting of and Report to Shareholders of Guadalupe Land Co. as Owners of Property Adjacent to the Mt. Umunhum Area of Sierra Azul Open Space Preserve (Santa Clara County Assessor's Parcel Numbers 575-11-004, 575-12-001 and 575-12-013) GUADALUPE LAND COMPANY BOARD CHAIRMAN'S RECOMMENDATIONS GUADALUPE LAND COMPANY ACTIONS 1. Accept the Annual Report and the Chief Financial Officer's Report to Shareholders of Guadalupe Land Company 2. Appoint the Directors of the Guadalupe Land Company as set out in this Report. SUMMARY The Midpeninsula Regional Open Space District (District) is the sole shareholder of Guadalupe Land Company, a private corporation, with a sole asset of a 286.61-acre property. The following annual report provides a history of the District's ownership of the corporation and a financial report covering the operation of the corporation for fiscal years 2009 and 2010. DISCUSSION (See attached map) At the December 15, 2004 meeting of the District Board of Directors, the Board approved the purchase of the Guadalupe Land Company (GLC), a private corporation, which included its sole asset, a 286.61-acre property, as an addition to Sierra Azul Open Space Preserve (see Report R- 04-134). Through this transaction, the District became the sole shareholder of GLC (acting through the District's Board of Directors). The Bylaws of GLC require an annual meeting of the shareholders and an annual report to the shareholders. The purpose of this agenda item is to satisfy these requirements and to obtain approval of the recommended actions by the GLC acting through the District's Board of Directors. R-09-117 Page 2 In 2004, the following initial corporate actions were approved by the Board, on behalf of the District as sole shareholder, and implemented: A. Amended and Restated Articles of Incorporation of GLC were filed with the California Secretary of State. B. Amended and Restated Bylaws of GLC were adopted. C. Directors and Officers of GLC were appointed as follows: i. President and Chairman of the Board: District General Manager, L. Craig Britton ii. Secretary: District Assistant General Manager, Sally Thielfoldt iii. Chief Financial Officer: District Controller, Mike Foster D. Frank Rimerman was appointed to serve as GLC accountant for preparation of corporate tax returns and filings. E. Commercial General Liability Insurance and Directors and Officers Insurance were obtained through the District's CaIJPIA coverage. F. Sally Thielfoldt was appointed as the Agent for Service of Process. As part of the District's 2005/2006 Budget, $64,625 was approved as a separate category for opening a GLC bank account for the operation of the Corporation. The bank account was opened with an initial deposit of$44,156, approximately $20,000 less than budgeted because staff was able to secure the necessary insurance through the District's California Joint Powers Insurance Authority (CaIJPIA). The Tax Collector's Office of the County of Santa Clara cancelled property taxes on the property effective January 5, 2005, the date of the District's purchase of GLC, providing an additional substantial savings of approximately $35,000 annually. At the meeting of December 10, 2008, it was determined that anticipated expenses for running the GLC from 2009 through 2011 were $23,575 or roughly 7,858.33 per year (see Report R-08- 127). The actual expenses for 2009 were $5,025 (see Attachment A). The ending GLC bank balance for 2009 is $22,366.70. Therefore, no additional funds are needed to be budgeted as part of the District's FY2010-11 Budget to continue to operate the Corporation through 2011. Annual expenses for 2006 through 2008 were reduced by $1,500 per year because the corporate tax returns and other filings were prepared by the GLC Chief Financial Officer, Mike Foster, instead of Frank Rimerman. It is estimated that the expenses for 2010 will again be $5,025, which covers the annual management fee, corporate taxes and California filing fee (see Attachment B). Appointment of Directors and Chairman The day-to-day business of GLC is administered by three Directors. Directors of the GLC should be appointed at the annual meeting of the shareholders. Due to the resignation of Gregory L. Sam as a Director and Officer of GLC, Director and Chairman Stephen E. Abbors recommends R-09-117 Page 3 that the Board appoint the following Directors: Stephen E. Abhors, Michael L. Foster, and Gordon Baillie. The GLC Bylaws authorize the Directors to appoint the GLC Officers. The Directors remaining; after the resignation of Gregory L. Sam have appointed the following Officers: President and Chairman of the Board: Stephen E. Abhors Chief Financial Officer: Michael L. Foster Secretary and Agent for Service of Process: Gordon Baillie License and Management Agreement As part of the original transaction, the Midpeninsula Regional Open Space District entered into a License and Management Agreement with GLC to manage the property as part of Sierra Azul Open Space Preserve, and to enforce the District's rules and regulations. The License Agreement also enabled the District to obtain the necessary corporate insurance through the District's Ca1JP1A coverage. At the meeting of December 12, 2007, the License Agreement was renewed for five additional years, expiring in January 5, 2013. The License Agreement requires GLC to pay an annual management fee of$4,200 for patrol and management of the property. Staff regularly patrols the 286.61-acre property from its deeded access easement through adjacent private property at the end of Reynolds Road. USE AND MANAGEMENT The Preliminary Use and Management Plan adopted at the meeting of December 15, 2004 still remain in effect and unchanged. The Plan states the property will be closed to public use and will be routinely patrolled. FISCAL IMPACT See fiscal analysis discussion on page 2. PUBLIC NOTICE Notice was provided pursuant to the Brown Act. No additional notice is necessary. CEQA COMPLIANCE No compliance is required as this action is not a project under CEQA. NEXT STEPS The corporate expenses and budgeting for the continued operation of the Corporation for an additional three years as proposed in this report will be included in the District's FY2010-11 budget. The next annual Shareholders meeting will be scheduled for December 2010. Attachments: R-09-117 Page 4 A: 2009 Expenses to Date B: 2010 Anticipated Expenses C: Map Prepared by: Michael C. Williams, Real Property Manager Contact Person: Same as above Map Prepared by: Gretchen Laustsen, Planning Technician i Guadalupe Land Co.-2009 Expenses to Date Attachment A January Beginning Bank Balance 3,816.70 Date Check No. Expenses Deposits Description Bank Balance 5/26/2009 1021 -25.00 State of CA-Secretary of State Filing Fee 3,791.70 6/17/2009 23,575.00 Deposit from MROSD 27,366.70 6/23/2009 1022 -4,200.00 2009 MROSD Management Fees 23,166,70 1023 Voided Check 11/1012009 1024 -800.00 July 2009 to June 2010 Estimated Corp. taxes 22,366.70 Total Expenses to date: 5,025.00 Ending Bank Balance 12/03/2009 22,366.70 The Guadalupe Land Co. has no liabilities, and its assets are the cash account listed above and the real property in unincorporated Santa Clara County commonly known as the Guadalupe Land Co_ property. ! certify that this financial statement was prepared from the books and records of the Corporation. Michael L. Foster, Chief Financial Officer Date: Attachment B Guadalupe Land Company- 2010 Anticipated Expenses 2010 Est.January 1, 2010 Beginning Bank Balance 22,366.70 Est. Expenses Description Bank Balances 4200.00 Management Fees 18,166.70 800.00 lCorporate Taxes 17,366.70 25.00 ICA Filing Fee 17,341.70 5,025.00 Ending Bank Balance 12/31/2010 17,341.70 AL,� Michael L. Foster, Chief Financial Officer Date: 1 . . Guadalupe Land CompanyJ` �/ Q icksilve "Newhagen Meadows" Coun y P'ark 286.61 Acres ~\� d . P _k. a Access Easement U O I " '� "� , .. . -- - ., i • � Jam\'�,- Sierra Azul (Kennedy-Limekiln A �i C7 Attachment C: Guadalupe Land Company Property Midpeninsula Regional t Open Space District MROSD Watershed Land Other Protected Open Space Conservation or Agricultural B November 2009 a or Park Lands ® Easement 6 0 0.125 0.25 0.5 • Miles Midpeninsula Regional ' Open Space District To: Board of Directors I From: Stephen E. Abbors Date: December 11, 2009 Re: FYIs Rgio Midpeninsu Open Space iDist ict Memorandum • i i To: MROSD Board of Directors Through: Steve Abbors,General Manager From: Gretchen Laustsen, Open Space Planner I Date: December 16, 2009 Re: City of San Carlos Pulgas Ridge Open Space Preserve Access Proposal On April 14, 2003 the San Carlos City Council(City Council)formed the Trails Connections Committee to explore the possibility of connecting existing trails in San Carlos with neighboring lands. On February 12, 2007,the City Council approved the Trails Connections Plan, which included the Crestview to Pulgas Ridge Open Space Preserve connection as one of the top priority trail links that would also form part of a larger Belmont to San Carlos trail connection. In May 2008, District planners and field staff met with City representatives at the City's request to discuss various alternatives to provide a public access point at the northern end of Pulgas Ridge Open Space Preserve(Pulgas Ridge). Alternative proposals included accessing Pulgas Ridge via the adjacent San Francisco Public Utilities Commission(SFPUC) lands or via the end of Los Vientos Way,an adjacent neighborhood street(refer to the attached map). This potential northern public access point would provide local residents and the general public with a trailhead at the northernmost corner of the Preserve. Such a proposal would require an amendment to the Preserve's Use and Management Plan, which District staff offered to present to our Board of Directors at a later date. Ahead of this action, District staff requested that the City first identify and address any neighborhood concerns. In June 2008,the Trails Connections Committee met with members of the neighborhood.Although the neighborhood streets are public roads,residents expressed concerns about potential impacts including traffic, parking,and noise. Suggested solutions included installing"No Parking" signs along Los Vientos Way, or building a fenced walkway along Los Vientos Way that would extend from Crestview Drive to an enclosed trailhead entrance. Both of these suggestions would direct the public to ark along Crestview e ose gg p p g Drive,the local collector street,rather than Los Vientos Way, a neighborhood street. Although these suggestions could become viable alternatives,the City is not currently pursuing these options due to " funding concerns for installing No Parkin signs on a public street and tack of and to o g precedent-setting g g g P install the infrastructure needed for a fenced access path. Because of neighborhood concerns regarding access via Los Vientos Way,the City presented a project proposal to SFPUC staff in June 2008 to allow access to Pulgas Ridge from Crestview Drive via neighboring SFPUC watershed lands. District planning staff attended the project review meeting with City staff to support the proposal. In February 2009, SFPUC staff formally responded to the proposal in a letter to the San Carlos Interim Parks and Recreation Director. SFPUC staff stated that they do not support access to Pulgas Ridge via their watershed lands. However,they do support a northern access point to Pulgas Ridge that connects to the Belmont/San Carlos trail link. SFPUC recommended that the connection be located along the eastern edge of the watershed lands, along Los Vientos Way. Although the City is still faced with resolving neighborhood concerns regarding this northernmost trailhead entrance,the District remains a willing partner and is ready to work with the City to establish the trail connection. In preparation for Board review of the project, District staff has visited the site multiple times to evaluate the project: first with members of the Trails Connection Committee to evaluate different access options,again with the District's Senior Resource Planner to evaluate any potential natural resource issues,and finally with the Foothills Area Superintendent to discuss needed infrastructure and trail improvements. Once the City is able to sufficiently resolve neighborhood concerns regarding access, privacy,and parking, District staff is prepared to move the project forward. District staff remains in close communication with the City to obtain status reports on the ongoing communications with the neighboring residents. 1 Belmont 1 Proposed Public Access Area Vista Park • —.,^Pulgas R Open S ce se v • ply • l I SF Public Utilities ,'y�a4 Commission Lands �tioS ♦ OS .� San Carlos ' Y `.. ,:` • —_-..- III d / / 11 I �— Potential Preserve Access + and Trail Connections via SF PUC Lands Potential Preserve Access • a - a - - - and Trail Connections via Public Roads Pulgas Ridge Open Space Preserve 0 0.05 0.1 01 e Potential Public Access Miles r Midpeninsula Regional • ' Open Space District To: Board of Directors From: Stephen E. Abbors Date: December 16, 2009 Re: Late FYIs ,f'A RAI R �ce OpenSp WAR')J, November 13, 2009 Kurt Lueneburger Santa Clara Valley Water District 5750 Almaden Expressway San Jose,CA 95118-3686 Subject: Draft Environmental Impact Report for the Permanente Creek Flood Protection Project Mr. Lueneburger, The Midpeninsula Regional Open Space District(MROSD)offers the following comments on the Draft Environmental Impact Report(DEIR) for the Permanente Creek Flood Protection Pro,Ject(Project). Our comments are focused on the proposed Rancho San Antonio Flood Detention Facility(RSA Facility), located immediately adjacent to MROSD's Rancho San Antonio Open Space Preserve. The topics covered by our comments include: temporary construction impacts to existing recreational use,visual impact,biological impact,public safety,and long-term maintenance obligations. Recreation: The proposed project will be temporarily disruptive to existing recreational uses on site, and may limit future recreational use as well.The temporary disruption to recreation will primarily impact the Hammond Snyder Loop Trail,and dust and noise will impact the existing adjacent parking lots. The dust and noise impacts to recreational use at the adjacent parking lots may not be adequately mitigated even if BMP's are contentiously applied. We recommend the construction of a temporary noise barrier between the existing lot and the proposed basin to mitigate noise and dust exposure,as discussed in section 9-11. The primary short-term recreational impact that is not well mitigated is the closure of the Hammond Snyder Loop Trail. The project area between the proposed new bridge and proposed detention basin is relatively narrow.Joint use by recreational users and construction equipment of this narrow area is clearly problematic. This trail is a loop that provides access from the adjacent residential areas. Severing this loop would substantially reduce recreational access. An alternate trail to maintain this loop would ideally be provided. Another possible remedy that would reduce the level of impact on recreational use would be to maintain weekend access to the entire trail loop by limiting construction only to weekdays. As envisioned in the DEIR,the existing trail would be repaired or replaced as needed to return it to pre- project condition. The DEIR discusses a staging area for the RSA Facility. It is unclear from the DEIR where project staging will take place. The County Park and adjacent Open Space Preserve are heavily used for recreation. Given the existing level of use,all staging,project access and construction must not utilize or interfere with existing recreational circulation and/or facilities. The proposed RSA Facility will Ilinit the available suite of potential park uses on the site. As Such, Santa Clara County Parks should be adequately compensated. The DEIR incorrectly states that the MROSD manages the County Park area of Rancho San Antonio. MROSD currently manages the parking areas and associated facilities immediately northwest of the proposed basin location. The proposed basin area is currently outside of the area managed by the MROSD under the existing Operations and Management Agreement. The MROSD however remains very interested in the long-term maintenance issues associated with the proposed facility. Aesthetics: The flood detention basin proposed must be constructed to be as visually unobtrusive as possible. The existing conceptual plan proposes some straight edges along property lines,and uniform slopes descending into the basin. These unnatural design elements should be refined to appear more natural by meandering the basin edges and providing different side slope gradients. Site plantings proposed following construction should be reviewed and approved by Santa Clara County Parks. Long-term planting maintenance needs should also be determined, funded,and staffed. Existing trees between the parking lots and proposed basin should be maintained and augmented where needed to fill in visual gaps. Biological Resources: The existing split-rail fence and undisturbed riparian corridor shall be maintained adjacent to the proposed basin.'The fence was purposely placed to protect and maintain the adjacent riparian corridor- during the installation of the paved Hammond Snyder Loop Trail.The California red-legged frog has also been observed here, substantiating the need for the protection of the riparian corridor. It is also recommended that the intake to the basin be piped the entire length, eliminating the proposed swale. This is also envisioned to reduce the footprint of the project adjacent to the riparian corridor and associated long-term maintenance needs and continued disturbance. Hydrology: The proposed project should incorporate a design for planned overflow from the basin back to the creek in the event that the basin is overwhelmed by flooding. This would be necessary to protect critical infrastructure downstream(parking lots, bathrooms,roads) in the event of potential flooding, Public Safetv: The proposed RSA Facility is sited in a high use location fairly close to residential areas. The proposed facility may have potential safety hazards associated with this location. The Water District should address potential safety issues related to the short and long term physical operation of the facility construction, infrastructure, and maintenance.The DEIR should also include an evaluation ofwater quality and/or sediment accumulations of concern associated with the proposed basin operations,given the industrial arid urbanized watershed upstream. The gas line within the project foot print will require some additional discussion and specific mitigations to protect public safety. 2 Thank you for the opportunity to comment on the Permanente Creek DEIR. If you have questions or wish to discuss these comments please contact me at(650)691-1200 or by e-mail at —ni—ba Id.—zi-k.LNyA' Sincerely, Matt Baldzikowski Resource Planner 11 Cc: Jane Mark, Senior Planner Kirk Lenington, Senior Resource Planner Ana Ruiz,Planning Manager MROSD Board of Directors 3 GENERAL MANAGER Stephen E.Abbors Regional OpenSpaee I Midpeninsula Regional Open Space District I BOARD OF DIRECTORS Pete Siemens Mary Davey Jed Cyr Curt Riffle Nonette Hanko Larry Hassett Cecily Harris December 10,2009 Planning Commissioners Town of Portola Valley 765 Portola Road Portola Valley, CA 94028 Re: Conditional Use Permit Application X7D-169 for Additional Floor Area and Impervious Surface Area on a 229-acre parcel, located at 555 Portola Road, Spring Ridge LLC(Neely/Myers) Dear Commissioners: On behalf of Midpeninsula Regional Open Space District(District), I would like to submit the following comments regarding the proposed new Conditional Use Permit(CUP) amendment for the property at 555 Portola Road, located adjacent to Windy Hill Open Space Preserve. This project consists of the proposed construction of a greenhouse, entertainment building(cabana),guest house/artist's studio,barn,and agricultural building, for a total of 13,385 square feet of new floor area and 53,225 square feet of new impervious surface area on the property. 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,as well as any direct and indirect impacts to the visitor trail use experience at our Preserves that may result from new development, we respectfully submit the following comments for the Planning Commission's consideration. Insufficient Project Information Currently Available The designs of the proposed cabana and greenhouse have been presented to the ASCC,Planning Commission,and public in sufficient detail to analyze their potential environmental and aesthetic impacts. However,the designs of the proposed barn,guest house/artist's studio,and agricultural building remain vague. The plans submitted by CJW Architecture,dated October 12,2009,do not specify building materials and finishes, landscaping,any vegetation removal,or exterior lighting for these three structures. In addition,the Applicant's verbal comments during the November 23,2009 site tour were inconsistent with CJW Architecture's plans for the barn,riding ring, and associated grading. The plan sheet for the agricultural building proposed in the meadow area does not show the extent of road construction,grading,and/or parking access associated with the structure. Without a higher level of detail to sufficiently describe the design, materials,and exterior disturbance associated with all proposed new structures,this CUP amendment does not provide the information necessary to inform the Planning Commission and members of the public during project review,and it does not provide sufficient detail to constrain development under the terms of the CUP. Moreover,the story poles in place at the November 23 site tour were incomplete for the barn and agricultural building. They do not depict the full dimensions of those proposed structures. Without a sufficient depiction of these proposed structures,the District and members of the public are unable to reasonably evaluate their potential j 3.3o Distel Circle Los Altos,CA 94022 1 N 65o.6g.r.1200 I r 650 691 048S I www.openspace.org Planning Commissioners,Town of P^-+ola Valley Ref: Conditional Use Permit App' i X7D-169 for Additional Floor Area and Impen Surface Area on a 229-acre parcel,. ed at 555 Portola Road,Spring Ridge LLC(Neely, -rs) Page 2 December 10,2009 aesthetic impacts. Therefore,the District requests that the Town require the Applicant to post more accurate story poles before final consideration of the CUP amendment. Agricultural Building in Meadow Area As mentioned above,the current plans provide insufficient information to fully assess the impacts of the proposed 1,800 square foot agricultural building with porch extensions. Notwithstanding, the District does have a number of initial concerns with the structure based on its size and location. The proposed agricultural building would be built in the meadow adjacent to both Portola Road and the parking area of Windy Hill Open Space Preserve. Because this meadow area has been identified in the Town's General Plan as open space,construction of this structure appears to be inconsistent with Town policy and the intent of the scenic meadow. For this reason, the District requests that in evaluating the visual impacts of the structure and its consistency with the General Plan,the Planning Commission consider visual impacts both from Portola Road and from public vistas at Windy Hill. The District is also concerned that,given its size and proximity to District property,the agricultural building may pose a safety hazard to hang gliders who land on District property in the lower meadow area. Please include an assessment of potential safety hazards for hang gliders landing in this area. In addition, the District is concerned that the establishment of a new structure and potential commercial use in an undisturbed meadow area may lead to increased use and development of the meadow in the future. Therefore,we ask the Planning Commission to develop strict restrictions to limit such a change or increase in use. Widely-Spaced Property Development In total,this proposed CUP amounts to substantial new development that is widely dispersed over the 229-acre property. By dispersing structures throughout the property,the total area of ground disturbance is compounded given that each structure is likely to require or include landscaping,access roads,and utility lines. As such, the potential impact on the property is large. The District requests that the CUP application include one map that depicts all existing and proposed improvements,so that the Planning Commission and public can accurately evaluate the total level of development proposed and its physical relationship to existing development on the property. The District also requests that the Applicant consider co-locating development as much as possible to minimize the level of disturbance around structures and to maintain the maximum amount of the property in its natural state. Lint its on Future Use and Development In general,the District requests that the Planning Commission include strict restrictions on future development and use of the property as part of this CUP. For example,the Planning Commission may consider placing a conservation easement on the remainder of the property that is not developed as part of this CUP. This will ensure the preservation of the property's environmental and aesthetic values,especially given its connectivity to a large, protected public open space preserve and its scenic views as seen from many other vantage points within the large Town of Portola Valley. We appreciate the opportunity to review this project and thank you for your time in reviewing this letter. If you have any questions regarding this letter,please contact Erica Simmons,Open Space Planner,at 650 691-1200, Sincerely, Ana Ruiz,Al P Planning Manager AR/es/jb cc: Leslie Lambert,Planning Manager,Town of Portola Valley Architectural and Site Control Committee Members,Town of Portola Valley Stephen Abbors,General Manager,MROSD MROSD Board of Directors Reg,a r,a Open Space penSpace voipeninsula Re'.! 0n:1 Open S;)ace December 11, 2009 Jennifer Savage, Assistant Planner Town of Los Gatos Community Development Department, Planning Division Civic Center 110 E. Main Street P.O. Box 949 Los Gatos. CA 950')1 RE: Arnerich Road No. 2 Annexation to the Town of Los Gatos Dear Ms. Savage, Midpeninsula Regional Open Space District (District) would like to follow up on a recent letter that was submitted to You with the date of November 25, 2009 regarding the proposed Arnerich Road No. 2 Annexation by the Town of Los Gatos (Town), As stated in the prior letter, the District is requesting the exclusion of District parcels from the Town's Urban Service Area and from the Arnerich Road No. 2 Annexation in order to keep District property wholly within Santa Clara County jurisdiction given our numerous land holdings in this area. To accomplish this, we have asked the Town for a resolution supporting this exclusion that would then be forwarded to the Santa Clara County Local Agency Formation Commission. We understand that the Town would like assurances that the property will continue to remain in open space. To that end, I am writing to assure the Town that the District fully intends to maintain ownership and management of this property in open space in perpetuityThis land is an integral part of the District's larger Sierra AZUI Open Space Preserve. This intention is entirely consistent with the District's enabling legislation under Public Resources Code Section 5500 et seq., which specifies all powers and obligations of the District. Furthermore, Public Resources Code Section 5565 states in pertinent part: "The legal title to all property acquired by the district under the provisions of this article shall immediately and by operation of law vest in the district, and shall be held by the district in trust for, and is dedicated and set apart for, the uses and purposes set forth in this article. Following the completion of the Sierra Azul Open Space Preserve Master Plan, currently scheduled for March 2011. District staff will be forwarding the action of formally dedicating this land as open space through an adopted resolution to our Board of Directors. This action will further solidify the open space protections afforded to this property since dedicated lands may not be conveyed without either the consent of a majority of voters or by concurrent resolution of the Legislature. It is District standard procedure to identify lands to dedicate following completion of a similar comprehensive planning process. Consistent with the District's 26 other open space preserves, this land will continue to be managed as public open space that allows ecologically-sensitive public recreation. District facilities will continue to remain low-intensity and self-contained, narnely unpaved trails, pit- vault toilet restrooms, gravel parking areas, and recreational signage. If you have any questions regarding this letter, please feel free to contact Ana Ruiz, Planning Manager, at (650) 691-1200. Sincerely. Stepp ien E. Abhors General Manager cc: Greg Larson, Town of Los Gatos, City Manager Wendie Rooney, Town of Los Gatos, Community Development Director Sandy Baily, Town of Los Gatos, Town Planner District Board of Directors Ana Ruiz, District Planning Manager � r Open Space'Distrii`ct nai For Immediate Release Date: December 14,2009 Contact: Leigh Ann Maze(650)691-1200 MROSD seeks art and poetry submissions Coffee table book to celebrate 40 years of public open space Los Altos, California [Dec. 14, 20091 — The Midpeninsula Regional Open Space District turns 40 in 2012 and to celebrate, is publishing a coffee table book filled with art, poetry and photography featuring the beauty and diversity of its open space preserves. Artists of all ages and abilities are invited to submit art and poetry for consideration that is inspired by the natural landscapes, plant and animal life, scenic beauty,and enjoyment of Open Space District lands. Submissions, preferably in digital format,will be accepted through 2010 and tentatively into 2011.Artists who are not ready to submit work now, but may in the future, are encouraged to express their interest in participating. Photography submissions are gathered separately through the Open Space District's annual photo contest, which closed Dec. 6, 2009. Photos submitted to the Open Space District's upcoming 2010 photo contest will be considered for publication in the book. The Open Space District is a public agency created by voters in 1972 whose mission is to preserve a regional greenbelt of open space land, protect and restore the natural environment, and provide for ecologically sensitive public enjoyment and education. Today, the Open Space District manages nearly 58,000 acres of land throughout the South Bay, Peninsula and Coastside areas. Twenty four open space preserves are free and open to the public daily from dawn until dusk and feature over 220 miles of trail. Details on submitting art and poetry, as well as terms and conditions,can be found at the District's Web site at www.openspace.orgy/book. 1 ' Midpeninsula Regional P >; • ' I Open Space District Memorandum To: MROSD Board of Directors Through: Steve Abbors, General Manager From: Meredith Manning, Acting Senior Planner Date: December 15, 2009 Re: Woodside Trails Appreciation Award of 2009 Last week, the District was made aware of an unexpected award from the Town of Woodside Trails Committee, which was announced at their annual Day of the Horse celebration held on October 10, 2009. The District was nominated by Rick DeBenedetti, a longtime supporter, an active community member and equestrian. Mr. DeBenedetti was instrumental in providing the Planning Department with maps and historical information in support of the Thornewood Open Space Preserve Trail Improvements Project, and helped organize community support for the construction of the Bridle Trail and closure and restoration of the old Dennis Martin Creek alignment(scheduled for summer 2010). The award will be on display at the regular meeting of December 16 and will find a permanent home in a prominent location at the Administrative Office. The Day(?f*the Horse event is held annually to celebrate the equine heritage and continuing influence that horses and equestrians have on the Town of Woodside. Donations from equestrians and sponsors are used in part to maintain the network of equestrian and pedestrian trails in Woodside and Huddart Park. More information on the event can be found at www.whoa94062.org. Below is a narrative excerpt from the Day of the Horse event program: Woodside Trails Appreciation Awards — 2009 Midpeninsula Regional Open Space District Thornewood Bridle Trail Midpeninsula Regional Open Space District, as one of the major land managers of the peninsula, has supported Woodside's history by allowing the continued use of horses on their holdings. During the early planning process of Thornewood Open Space, the historic Schilling Trail running from the lower portion of Old La Honda Road up to 1 Schilling Lake was a major factor. Matt Freeman and Meredith Manning, with the help of other MROSD team members, listened to input from not only the neighboring residents but also the equestrian community. From this input a new realignment of the historic Schilling Trail was developed which is now called the Bridle Trail. While addressing environmental concerns of the area, MROSD was able to allow the continued enjoyment of Thornewood for hiking and equestrian purposes. The Bridle Trail is another example of a major landowner of Woodside helping to preserve the equestrian life style of this community. As such, Midpeninsula Regional Open Space District well deserves being recognized with the Woodside Trails Appreciation award of 2009. I l s i r t convdc n,d-, ,lyyicntiun Ayd:: Photograph of the Appreciation Award given by the Woodside Trails Committee to the District on October 10,2009. yw i' a, A view of the new Bridle Trail at Thornewood Open Space Preserve.