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HomeMy Public PortalAbout20110608 - Agenda Packet - Board of Directors (BOD) - 11-15 Midpeninsula Regional JA ( Open Space District Meeting 11-15 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 330 Distel Circle Los Altos,California Wednesday, June 8, 2011 SPECIAL MEETING OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT BEGINS AT 5:00 P.M.* REGULAR MEETING OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT BEGINS AT 7:00 P.M.* AGENDA SPECIAL MEETING 5:00 ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT— CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision(b)of Section 54956.9:Three(3)potential cases 2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION California Government Code Section 54956.9(a)-Chiocchi et al. vs. Midpeninsula Regional Open Space District et al., Santa Clara Superior Court Case No. 107CV095669 REGULAR MEETING 7:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT— PUBLIC SESSION ROLL CALL INTRODUCTION OF NEW DISTRICT STAFF—RHEA MAZE ORAL COMMUNICATIONS—PUBLIC ADOPTION OF AGENDA I 7:05 CONSENT CALENDAR 1. Approve Minutes of the District's Special and Regular Meeting—May 11,2011 2. Approve Revised Claims Report CONSENT CALENDAR(CONTINUED) 3. Approve Written Communications—Y.Adesanya,J. Schmid,and R.Zatkin of a Right of En to the California Department of Transportation for the Constructio n Issuance Approval p 4. � g �Y of Slope Protection Improvements along Highway 9(Congress Springs Road)west of the city of Saratoga at Saratoga Gap Open Space Preserve(Santa Clara County Assessor's Parcel Number 503-37-009)and Determination that the Proposed Action is Categorically Exempt from the California Environmental Quality Act(CEQA)—M.Williams 7:10 BOARD BUSINESS 5. Receipt of District Ombudsperson Carol Joyce's Report to the Board of Directors;Acceptance of District Ombudsperson's Resignation and Direct Staff to Commence Recruitment—S.Abbors 6. Award of Contract with TKO General Engineering for the Big Dipper Ranch Roads Project at Skyline Ridge Open Space Preserve—M. Baldzikowski 7. Approval of the Agreement with Santa Clara County Communications for Design and Installation of a Simulcast Radio Communications System—D.Topley INFORMATIONAL REPORTS—Reports on compensable meetings attended. Brief reports or announcements concerning activities of District Directors and staff,opportunity to refer public or Board questions to staff for factual information;request staff to report back to the Board on a matter at a future meeting;or direct staff to place a matter on a future agenda. A. Committee Reports B. Staff Reports C. Director Reports ADJOURNMENT *Times are estimated and items may appear earlier or later than listed.Agenda is subject to change of order. TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during Oral Communications. Each speaker will ordinarily 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 General Manager, and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. In compliance with the Americans with Disabilities Act,if you need assistance to participate in this meeting,please contact the District Clerk at(650)691-1200. Notification 48 hours prior to the meeting will enable the District to make reasonable arrangements to ensure accessibility to this meeting. Written materials relating to an item on this Agenda that are considered to be a public record and are distributed to Board members less than 72 hours prior to the meeting,will be available for public inspection at the District's Administrative Office located at 330 Distel Circle,Los Altos,California 94022. CER,rIFICATION OF POSTING OF AGENDA I,Michelle Radcliffe,District Clerk for the Midpeninsula Regional Open Space District(MROSD),declare that the foregoing amended agenda for the Special and Regular Meeting of the MROSD Board of Directors was posted and available for review on June 3,2011,at the Administrative Offices of MROSD,330 Distel Circle,Los Altos California,94022. The agenda is also available on the District's web site at http://www.openspace.org. Signed this Yd day of June,at Los Altos,California. � AW District Clerk June 3,2011 i Claims No. 11-10 Meeting 11-15 Date 6/8/11 Midpeninsula Regional Open Space District # Amount Name Description 15279 $21,140.83 Ascent Environmental CEQA/NEPA Document Preparation&Support For Mt. Umunhum Site Planning 15280 $13,275.00 Go Native District Wide Vegetation Management 15281 $9,778.50 Old Republic Title Company California Land Title Association Owners Policy-Land Associated Cost 15282 $4,47762 *1 First National Bank Field Supplies/Fuel For Chainsaw/Key Fobs For SFO/Gates For Elkus Property/Signs For Accessible Parking/AED& Peripheral Equipment For SAO/Firebox Searchlight/GPS Unit For FFO Patrol/Hazardous Material Shelving Supplies 15283 $3,644.98 *1 First National Bank Computer,Website&Internet Expenses-FFO Internet/Email Service Provider For Sending Email Blasts/Software To Geotag Photos With GPS Waypoints/Anti-Spam Annual Renewal/Four Computer Monitors 15284 $1,961.00 Cupertino Medical Group Employee Medical Services 15285 $1,852.28 La Piana Consulting Consulting Services For Strategic Plan 15286 $1,501.15 *1 First National Bank Washington DC Trip Expenses For General Manager&Public Affairs Manager-Mt. Umunhum Funding 15287 $1,450,00 Old Republic Title Company Title&Escrow Fees-Silva Property 15288 $1,41Z60 *1 First National Bank Conferences&Training-Bay Area Open Space Council Conference Registrations/International Right Of Way Course Wildland Fire Training DVD/Lyme Disease Training DVD 15289 $1,375.23 Sol's Mobile Service Vehicle Maintenance&Repairs 15290 $1,361.01 *1 First National Bank Office Supplies/Two Projector Screens&Mounting Hardware Toner Cartridges/Shelving Unit For Server Room/Notebook Screen Repair/Gardening Supplies For AO Landscaping Planning Department Storage Rack 15292 $1.21510 Office Depot Office Supplies/Banker Boxes/Laminating Pouches/Monitor Privacy Filter/Classification Folders/Pencil Sharpener/Binders /White Board Supplies/Chair Mats/Break Room Supplies 15293 $1.145o0 Brush Road Corporation Road Agreement-Special Assessment For Culvert Repairs 15e9* *1.08e.e8 Came9pamu'Hort Reimbursement'Travel Expenses For OSHA Lead/Asbestos Screening For Former Employee 15295 $1.015.00 ^2 Ann McCarthy Reimbursement-Slender False 8mmeTreatment 15296 *1.009.20 Accounnampo Accounting Temp 15297 *889.45 Big Creek Lumber Lumber And Supplies For SpO Shed Repairs 15298 $987o0 Western Truck Fabrication Install Three Unuer»vuy Tool Boxes On Maintenance Truck 15298 $95478 ^1 First National Bank EventSuppnea&Expenaes-^Mwet&Geor Event Expenses Including Catering 15300 $817.15 Lumpuunnaom, Repair Tractor Water Pump/Tractor Supplies � 15301 $813.88 ^1 First National Bank Uniform Expenses � 15302 $00222 Warren Phillips Reimbursement-Travel Expenses For OSHA Lead/Asbestos Screening For Former Employee � 15303 $595.00 ~3 Ernie Schneider Reimbursement-Slender False o,umeTreatment 1530* $58*.00 Diamond Quality Printing Mailing Services 15305 $5*8.18 United Site Services Sanitation Services-Sierra Azu|&Fremont Older 15306 $523u0 Clean Harbors Environmental Services Oil Disposal � 15307 $515.68 Summit Uniforms Uniform Expenses 15308 $511.91 ~1 First National Bank Business Related Meals- Board Meetings/GM Local Business Meetings/Strategic Plan Meeting/Meeting With Coffee Table Book Publisher 15309 $499.50 Hapxo.A|exando, Reimbursement Uniform Expenses 15310 $*47.45 ~1 First National Bank Advertising. Subscriptions&Books Survey Subscription/Legal Books For Operations Department Landing Photo Books 15311 $386.00 ergovo,o Ergonomic Evaluations �I '4. Claims No. 11-10 Meeting 11-15 Date 6/8/11 Midpeninsula Regional Open Space District # Amount Name Description 15312 $315.00 *1 First National Bank Double Charges That Will Be Reversed Next Month 15313 $288.50 Del Rey Building Maintenance Janitorial Supplies-AO 15314 $274.51 West Payment Center Monthly Subscription For Online Legal Information 15315 $273.35 Langley Hill Quarry Drain Rock For White Oaks Trail/Saratoga Gap Trail 15316 $222.23 California Water Service Company Water Service-AO&Windy Hill 15317 $215.25 Langan Engineering&Environmental Geotechnical Evaluation&Report-Folger House Remodel Services 15318 $210.12 Gartside, Ellen Reimbursement-Mileage 15319 $200.21 Goodco Press Printing Services-Interview Cards 15320 $197.50 *4 San Mateo County Hazardous Waste Disposal Fee 15321 $175.00 *5 Al Haimson Reimbursement-Slender False Brome Treatment 15322 $155.17 Turf&Industrial Equipment Company Oil&Filters For Tractor 15323 $150.00 *1 First National Bank Membership Dues-City Clerks Association Of California 15324 $144.04 CMK Automotive Vehicle Maintenance&Repairs 15325 $129.73 *1 First National Bank Rental Residence Expenses-Water System Supplies 15326 $119.00 Coastal Sierra Internet Service-SFO 15327 $95.13 *1 First National Bank Miscellaneous Expenses-Geocaching Supplies!Kevin Duggan Retirement Expenses 15328 $84.39 Bruce Barton Pump Service Black Mountain Water System Repairs 15329 $79.03 Stevens Creek Quarry Base Rock For Road Repair 15330 $71_00 Terminix Pest Control-AO 15331 $61.18 Kwik Key Lock&Safe Company Two Keys For Patrol Vehicle 15332 $60.00 Sanguinetti, David Reimbursement-Cell Phone 15333 $60.00 Newburn, Michael Reimbursement-Cell Phone 15334 $47.35 United Parcel Service Parcel Shipping 15335 $45.52 Carlson, Kerry Reimbursement-Uniform Expenses 15336 $43.00 Allen's Press Clipping Bureau Clipping Service 15337 $43.00 Coblentz, Patch, Duffy&Bass Continued Legal Services For Federal Trademark Application Of The District's Logo 15338 $32.00 Forensic Analytical Asbestos Testing-Skyline Area 15339 $31.01 Sunnyvale Ford Vehicle Maintenance&Repairs 15340 $30.84 RV Cloud Plumbing Supplies 15341 $29.37 O'Reilly Auto Parts Auto Parts-Truck Rear Lights/Wiper Blades 15342 $11.36 Barron Park Supply Field Supplies 15343 $10.05 Foster Brothers Locks&Keys Total $83,479.33 *1 Urgent check issued 5/6/11 The total amount for First National Bank is$15,615.24 *2 Urgent check issued 6/2/11 *3 Urgent check issued 6/2/11 *4 Urgent check issued 611/11 *5 Urgent check issued 5/31/11 Page 2 of 2 Claims No. 11-10 Meeting 11-15 Date 6/8/11 Revised Midpeninsula Regional Open Space District # Amount Name Description 15279 $21,140.83 Ascent Environmental CEQA/NEPA Document Preparation&Support For Mt. Umunhum Site Planning 15280 $13,275.00 Go Native District Wide Vegetation Management 15281 $9,778.50 Old Republic Title Company California Land Title Association Owners Policy-Land Associated Cost 15282 $4,477.62 *1 First National Bank Field Supplies/Fuel For Chainsaw/Key Fobs For SFO/Gates For Elkus Property/Signs For Accessible Parking/AED& Peripheral Equipment For SAO/Firebox Searchlight/GPS Unit For FFO Patrol/Hazardous Material Shelving Supplies 15283 $3,644.98 *1 First National Bank Computer,Website&Internet Expenses-FFO Internet!Email Service Provider For Sending Email Blasts/Software To Geotag Photos With GPS Waypoints/Anti-Spam Annual Renewal/Four Computer Monitors 15284 $1,961.00 Cupertino Medical Group Employee Medical Services 15285 $1,852.28 La Piana Consulting Consulting Services For Strategic Plan 15286 $1,501.15 *1 First National Bank Washington DC Trip Expenses For General Manager&Public Affairs Manager-Mt. Umunhum Funding 15287 $1,450.00 Old Republic Title Company Title&Escrow Fees-Silva Property 15288 $1,412.60 *1 First National Bank Conferences&Training-Bay Area Open Space Council Conference Registrations/International Right Of Way Course/ Wildland Fire Training DVD/Lyme Disease Training DVD 15289 $1,375.23 Sol's Mobile Service Vehicle Maintenance&Repairs 15290 $1,361.01 *1 First National Bank Office Supplies/Two Projector Screens&Mounting Hardware 1 Toner Cartridges/Shelving Unit For Server Room/Notebook Screen Repair/Gardening Supplies For AO Landscaping/ Planning Department Storage Rack 15291 $1,286.25 Tadco Supply Janitorial Supplies 15292 $1,216.10 Office Depot Office Supplies/Banker Boxes/Laminating Pouches/Monitor Privacy Filter/Classification Folders!Pencil Sharpener/Binders /White Board Supplies/Chair Mats/Break Room Supplies 15293 $1,145.00 Brush Road Corporation Road Agreement-Special Assessment For Culvert Repairs 15294 $1,086.98 Carrie Sparks-Hart Reimbursement-Travel Expenses For OSHA Lead/Asbestos Screening For Former Employee 15295 $1,015.00 *2 Ann McCarthy Reimbursement-Slender False Brome Treatment 15296 $1,009.20 Accountemps Accounting Temp 15297 $989.45 Big Creek Lumber Lumber And Supplies For SFO Shed Repairs 15298 $987.80 Western Truck Fabrication Install Three Underbody Tool Boxes On Maintenance Truck 15299 $954.78 *1 First National Bank Event Supplies&Expenses-"Meet&Greet"Event Expenses Including Catering 15300 $817.15 Lampson Tractor Repair Tractor Water Pump/Tractor Supplies 15301 $613.88 *1 First National Bank Uniform Expenses 15302 $602.22 Warren Phillips Reimbursement-Travel Expenses For OSHA Lead/Asbestos Screening For Former Employee 15303 $595.00 *3 Ernie Schneider Reimbursement-Slender False Brome Treatment 15304 $584,00 Diamond Quality Printing Mailing Services 15305 $548,16 United Site Services Sanitation Services-Sierra Azul&Fremont Older 15306 $523.80 Clean Harbors Environmental Services Oil Disposal 15307 $515,66 Summit Uniforms Uniform Expenses 15308 $511.91 *1 First National Bank Business Related Meals- Board Meetings/GM Local Business Meetings/Strategic Plan Meeting/Meeting With Coffee Table Book Publisher 15309 $499.50 Hapke,Alexander Reimbursement-Uniform Expenses 15310 $447.45 *1 First National Bank Advertising, Subscriptions&Books-Survey Monkey Monthly Subscription/Legal Books For Operations Department/Cooley Landing Photo Books 15311 $396.00 Ergovera Ergonomic Evaluations Page 1 of 3 Claims No. 11-10 Meeting 11-15 Date 6/8/11 Revised Midpeninsula Regional Open Space District # Amount Name Description 15312 $315.00 *1 First National Bank Double Charges That Will Be Reversed Next Month 15313 $288.50 Del Rey Building Maintenance Janitorial Supplies-AO 15314 $274.51 West Payment Center Monthly Subscription For Online Legal Information 15315 $273.35 Langley Hill Quarry Drain Rock For White Oaks Trail/Saratoga Gap Trail 15316 $222.23 California Water Service Company Water Service-AO&Windy Hill 15317 $215.25 Langan Engineering&Environmental Geotechnical Evaluation& Report-Folger House Remodel Services 15318 $210.12 Gartside, Ellen Reimbursement-Mileage 15319 $200.21 Goodco Press Printing Services-Interview Cards 15320 $197.50 *4 San Mateo County Hazardous Waste Disposal Fee 15321 $175.00 *5 Al Haimson Reimbursement-Slender False Brome Treatment 15322 $155.17 Turf&Industrial Equipment Company Oil&Filters For Tractor 15323 $150.00 *1 First National Bank Membership Dues-City Clerks Association Of California 15324 $144.04 CMK Automotive Vehicle Maintenance&Repairs 15325 $129.73 *1 First National Bank Rental Residence Expenses-Water System Supplies 15326 $119.00 Coastal Sierra Internet Service-SFO 15327 $95.13 *1 First National Bank Miscellaneous Expenses-Geocaching Supplies/Kevin Duggan Retirement Expenses 15328 $84.39 Bruce Barton Pump Service Black Mountain Water System Repairs 15329 $79.03 Stevens Creek Quarry Base Rock For Road Repair 15330 $71.00 Terminix Pest Control-AO 15331 $61.18 Kwik Key Lock&Safe Company Two Keys For Patrol Vehicle 15332 $60.00 Sanguinetti,David Reimbursement-Cell Phone 15333 $60.00 Newburn,Michael Reimbursement-Cell Phone 15334 $47.35 United Parcel Service Parcel Shipping 15335 $45.52 Carlson, Kerry Reimbursement-Uniform Expenses 15336 $43.00 Allen's Press Clipping Bureau Clipping Service 15337 $43.00 Coblentz, Patch, Duffy&Bass Continued Legal Services For Federal Trademark Application Of The District's Logo 15338 $32.00 Forensic Analytical Asbestos Testing-Skyline Area 15339 $31.01 Sunnyvale Ford Vehicle Maintenance&Repairs 15340 $30.84 RV Cloud Plumbing Supplies 15341 $29.37 O'Reilly Auto Parts Auto Parts-Truck Rear Lights/Wiper Blades 15342 $11.36 Barron Park Supply Field Supplies 15343 $10.05 Foster Brothers Locks&Keys 15344 R $7,011.04 Callander Associates Landscape Bay Trail Concept Plan Study At Ravenswood Architecture 15345 R $1,592,75 Gardenland Power Equipment Field Supplies/Chain Saw Parts&Supplies/Oil For Power Equipment/Power Pruner 15346 R $1,365.00 Lisa Giarretto Reimbursement-Slender False Brome Treatment 15347 R $700.49 Costco Office&Break Room Supplies-SFO&FFO/Supplies For RSA 15348 R $675.00 Shute, Mihaly&Weinberger LLP Legal Services-Planning Advice 15349 R $595.00 Tom DeHoog Reimbursement-Slender False Brome Treatment 15350 R $385.00 Lynn Gaffikin Reimbursement-Slender False Brome Treatment 15351 R $350.00 Sinan Eren Reimbursement-Slender False Brome Treatment 15352 R $324.25 Petty Cash Office&Break Room Supplies/Parking&Mileage/Business Related Meals/Field Supplies/Notary Filing Fees/Food For Twix 15353 R $302.67 McKibbin, Brennon Reimbursement-Uniform Expenses 15354 R $300.44 Heimer, Dennis Reimbursement-Uniform Expenses 15355 R $191.04 G&K Services Shop Towel Service 15356 R $134.26 VP II Geocaching Event Supplies Page 2 of 3 Claims No. 11-10 Meeting 11-15 Date 6/8/11 Revised Midpeninsula Regional Open Space District # Amount Name Description 15357 R $43.11 Beckman, Craig Reimbursement-Rental Residence Expenses 15358 R $37.58 Langley Hill Quarry Rock For White Oaks Trail Total $97,486.96 *1 Urgent check issued 5/6/11 The total amount for First National Bank is$15,615.24 *2 Urgent check issued 6/2/11 *3 Urgent check issued 6/2/11 *4 Urgent check issued 6/1/11 *5 Urgent check issued 5/31/11 Page 3 of 3 Midpeninsula Regional i ' n i Open Space District P To: Board of Directors From: Stephen E. Abbors ��4r Date: June 3, 2011 Re: Written Communications 05042011 - yemi@stanford.edu - Contact Board.txt From: yemi@stanford.edu sent: Wednesday, May 04, 2011 1:44 PM To: BOARD; Clerk; Vicky GOU; General Information subject: 05/04/2011 - yemi@stanford.edu - Contact Board Follow Up Flag: Follow up Flag Status: Flagged First Name: Yemi Last Name: Adesanya Email Address: yemi@stanford.edu ward / Location: Menlo Park Comments: I am writing to the board of directors to express my concern over recent developments at El Corte Madera (AKA Skegg's) . I am a passionate, responsible mountain biker and I enjoy sharing the amazing technical trails that skeggs has to offer. I recently discovered that bulldozers have been removing rocks from Manzanita trail . This work has destroyed the unique appeal of the trail and is actually counterproductive to ensuring safe trail sharing since riders will now carry more speed down the single track. Please start listening to the voices of all responsible trail users and not just the lone voice that is hell bent on waging war against bikers. i sincerely hope this destruction does not spread to areas such as Steam Donkey or Resolution. p Y Page 1 ' GENERAL MANAGER Stephen E Abbors Regional OpenSpace I Midpeninsula Regional©pen Space District I BOARD OF DIRECTORS Pete Siemens voriko Kishimoto Jed Cyr Curt Riffle Nonette Hanko Larry Hassett Cecily Harris Dear Yemi Adesanya, Thank you for your interest in the work Midpeninsula Regional Open Space District(District) Staff performed on the Manzanita Trail. The District Board understands it can be a shock for users to see changes on the trails they use. We have received both positive and negative comments on the work we recently completed on the Manzanita Trail. It is important for you to know that a number of years back the District was required by the public and regulatory agencies to develop a Watershed Protection Program for El Corte de Madera Open Space Preserve in response to concerns raised over sedimentation going into El Corte de Madera Creek. As a result, the District has the responsibility to maintain trails at El Corte de Madera Open Space Preserve so they are sustainable and to limit erosion as much as feasible while still allowing the public to enjoy the trail system. In addition, we also try to build and maintain trails that are enjoyable to a broad range of visitors. With regards to the Manzanita Trail, staff noticed that the surface was getting rutted and eroded from bicycle use and water runoff. A District maintenance crew added rolling drainage dips on the trail to insure that water is periodically removed from the trail so that it does not continue to flow down the pad taking sediment with it. The District's crew used miniature excavators which are able to get out on the trail without having to widen it and at the same time complete a lot more work than would be possible with hand crews. The crew did not just re-grade the entire trail; instead they only focused on the work necessary to add drainage. It is our hope that the work just completed will enable the District to maintain the Manzanita Trail in place and keep it open to bicycles. Some of the challenge may have been reduced but we believe this was appropriately balanced with reduction of erosion on the trail. It has also made the trail accessible to a wider range of bicyclists and other visitor uses as well. The District will continue to try to balance the desires of its constituents with the need for resource protection. Similar work has also been completed on the Steam Donkey Trail. Although no work is planned for the Resolution Trail this year, the District does periodic routine maintenance work on all of its trails and roads. I appreciate your taking the time to share your comments. Sincerely, Larry Hassett, Board President Midpeninsula Regional Open Space District 330 Distel Circle Los Altos,CA 94022 650 691 1200 1 650.691.0485 ( www.openspace.org GENERAL MANAGER Stephen F Abbots i ReR ona I 0 en5 ace Mld enlnSUla Regional Open$ ace'District BOARD OF DIRECTORS P P I P � � p I Pete Siemens Yoriko Kishirnoto Jed Cyr Curt Riffle NonLtte Hankea Larry Hassett Ceeily Harris Dear Yemi Adesanya, Thank you for your interest in the work Midpeninsula Regional Open Space District (District) Staff performed on the Manzanita Trail. The District Board understands it can be a shock for users to see changes on the trails they use. We have received both positive and negative comments on the work we recently completed on the Manzanita Trail. It is important for you to know that a number of years back the District was required by the public and regulatory agencies to develop a Watershed Protection Program for El Corte de Madera Open Space Preserve in response to concerns raised over sedimentation going into El Corte de Madera Creek. As a result, the District has the responsibility to maintain trails at El Corte de Madera Open Space Preserve so they are sustainable and to limit erosion as much as feasible while still allowing the public to enjoy the trail system. In addition, we also try to build and maintain trails that are enjoyable to a broad range of visitors. With regards to the Manzanita Trail, staff noticed that the surface was getting rutted and eroded from bicycle use and water runoff. A District maintenance crew added rolling drainage dips on the trail to insure that water is periodically removed from the trail so that it does not continue to flow down the pad taking sediment with it. The District's crew used miniature excavators which are able to get out on the trail without having to widen it and at the same time complete a lot more work than would be possible with hand crews. The crew did not just re-grade the entire trail; instead they only focused on the work necessary to add drainage. It is our hope that the work just completed will enable the District to maintain the Manzanita Trail in place and keep it open to bicycles. Some of the challenge may have been reduced but we believe this was appropriately balanced with reduction of erosion on the trail. It has also made the trail accessible to a wider range of bicyclists and other visitor uses as well. The District will continue to try to balance the desires of its constituents with the need for resource protection. Similar work has also been completed on the Steam Donkey Trail. Although no work is planned for the Resolution Trail this year, the District does periodic routine maintenance work on all of its trails and roads. I appreciate your taking the time to share your comments. Sincerely, Larry Hassett, Board President Midpeninsula Regional Open Space District 330 Dlstel Circle Los Altos,CA 94022 1 r 6SO 691 1200 66o 6yT 043S oivvw.openspace.org � Michelle Radcliffe From: jeschmid@comcast.net Sent: Tuesday, May 10, 2011 3:42 PM To: BOARD; Clerk; Vicky Gou; General Information Subject: 05/10/2011 -jeschmid@comcast.net-Contact Board First Name: Johanna Last Name: Schmid Email Address: jeschmid comcast.net Ward / Location: Sunnyvale Comments: Dear MROSD Board Members, We live in Sunnyvale, near Homestead Road and Foothill Expressway. We love Rancho San Antonio and hike there often. We have become increasingly concerned about the dangers posed by model airplanes flying above and landing in the small fields adjacent to the upper parking lots in the park. As long-time residents of Sunnyvale and visitors to RSA, we remember that the small fields were originally used by persons flying quiet gliders. The gliders have been increasingly replaced by large, high-speed, noisy model planes. We watch in horror as mothers push infants in strollers and as children run on the sidewalk adjacent to the parking lots, within a few feet of speeding projectiles that could cause serious injury, even death, to these visitors. We understand from one of the park rangers that the "Model Airplane Regulations" signs were posted by the people who fly the model planes, not by park authorities, and that they do not have the force of law. One of these "regulations" states: "Models must maintain at least 100 ft vertical and horizontal clearance from parking lots, trails, structures and visitors." We have yet to see anything but egregious violations of this "regulation." We think the technology of flying model planes has outgrown the space originally allotted to this activity. If a large fenced-off area safely removed from parking lots and visitors cannot be established in RSA, then model- flying should be banned in the park. Please, let us not abide a brain-damaged child or mortally wounded infant before we find a solution to the serious and growing hazard posed by model-flying in RSA. Thank you for your consideration and public service. Respectfully, Johanna Schmid and Ed Reed 1 0 Regional pen ce Midpeninsula Regional Open Space District Johanna Schmid Ed Reed 1667 Lewiston Drive Sunnyvale, CA 94087 ieschmid 0mcomcast.net Dear Ms. Schmid and Mr. Reed, I received your email dated May 10, 2011,regarding your concerns about the model airplane activity at Rancho San Antonio County Park(RSACP). On July 1, 2000,the Midpeninsula. Regional Open Space District(District) entered into an agreement with Santa Clara County Parks (County)to manage RSACP, and at the time the District entered into the agreement with the County,the model airplane activity was already in existence which includes the current signage you describe. As described on Page 11 of the Rancho San Antonio County Park Master Plan of May 1992, model airplane use was limited to electric gliders and quiet electric motor airplanes: Non Gas-Powered Model Airplanes Rancho San Antonio Park is the only facility available in the County for non gas powered model airplane flying. The County's policy has been to allow use only by models with no motors (gliders) or with electric (quiet) motors. There has been a considerable advocacy by model airplane enthusiasts to permit the activity to continue in its present location along the top of the bluff, generally parallel to the west of the existing parking lots near the Park entrance. The Plan proposes continuance of this use provided that model operators comply with County regulations and that only models with no internal combustion engines be allowed in the Park. No special facilities or improvements, other than appropriate signage, are proposed for the model airplane area. Since the development of the County Master Plan, electric motor model airplane usage at RSACP has evolved to the level of inelude-gas powered technology at the time and other advanced technology model aircraft. From the District's point of view, it has become a hazardous and incompatible use with other activities in the park. However,the park's recreation activities are determined by Santa Clara County and any changes in use would require Santa Clara County Board of Supervisors approval. District staff met with County staff on May 25, 2011, and County staff agreed with the District's concerns but indicated that the Board of Supervisors are not willing to eliminate the activity at this time. The County and District agreed that a recommendation would be presented to the Board of Supervisors to restrict the model airplane use to the original spirit of the Master Plan by eliminating the use of helicopters and permitting only electric gliders and park flyers 33o Distel Circle Los Altos,CA 94022 1 1,65o,69i.mo I F 650 691 0495 1 wwwopenspace.org (electric model airplanes 2 pounds or less that cannot fly faster than 60 miles per hour). In addition, the District is looking at establishing flight boundaries and rules that District Rangers can enforce. We will keep you informed of the process and will notify you of any public meetings scheduled to discuss the future of model airplane use at the park. Thank you for your continued interest and concern in this issue. Sincerely, Larry Hassett, Board President Midpeninsula Regional Open Space District i Reg innai 0penSp ce I Midpeninsula Region d Open Space District I I Johanna Schmid Ed Reed 1667 Lewiston Drive Sunnyvale, CA 94087 jeschmidL&comcast.net i Dear Ms. Schmid and Mr. Reed, I received your email dated May 10, 2011, regarding your concerns about the model airplane activity at Rancho San Antonio County Park(RSACP). On July 1, 2000, the Midpeninsula Regional Open Space District (District) entered into an agreement with Santa Clara County Parks (County) to manage RSACP, and at the time the District entered into the agreement with the County, the model airplane activity was already in existence which includes the current signage you describe. As described on Page 11 of the Rancho San Antonio County Park Master Plan of May 1992, model airplane use was limited to electric gliders and quiet electric motor airplanes: Non Gas-Powered Model Airplanes Rancho San Antonio Park is the only facility available in the County,for non gas powered model airplane flying. The County's policy has been to allow use only by models with no motors (gliders) or with electric (quiet) motors. There has been a considerable advocacy by model airplane enthusiasts to permit the activity to continue in its present location along the top of the bluff, generally parallel to the west of the existing parking lots near the Park entrance. The Plan proposes continuance of this use provided that model operators comply with County regulations and that only models with no internal combustion f engines be allowed tin the Park. No sp P special facilities or improvements, other than appropriate signage, are proposed for the model airplane area. Since the development of the County Master Plan, electric motor model airplane usage at RSACP has evolved to include gas powered and other advanced technology model aircraft. From the District's point of view, it has become a hazardous and incompatible use with other activities in the park. However, the park's recreation activities are determined by Santa Clara County and any changes in use would require Santa Clara County Board of Supervisors approval. District staff met with County staff on May 25, 2011 and County staff agreed with the District's concerns but indicated that the Board of Supervisors are not willing to eliminate the activity at this time. The County and District agreed that a recommendation would be presented to the Board of Supervisors to restrict the model airplane use to the original spirit of the Master Plan by eliminating the use of helicopters and permitting only electric gliders and park flyers 33o Distel Circle Los Altos,CA 94ozz I >650 691 z,oo 650 69-0485 I www openspace org (electric model airplanes 2 pounds or less that cannot fly faster than 60 miles per hour). In addition, the District is looking at establishing flight boundaries and rules that District Rangers can enforce. We will keep you informed of the process and will notify you of any public meetings scheduled to discuss the future of model airplane use at the park. j Thank you for your continued interest and concern in this issue. Sincerely, Larry Hassett, Board President Midpeninsula Regional Open Space District Robert Zatkin P.O. Box 139 a San Carlos CA 94070 <> (615) 599-9936 o rzatkin@gmail.com Recelt April 18, 2011 OR Board of Directors Midpeninsula Regional Open Space District q 0. 330 Distel Circle Los Altos, CA 94022-1404 Members of the Board: Over the course of the past six months I have hiked the Manzanita Trail in the El Corte de Madera Creek Open Space Preserve (ECdMC) three times — alone, with other concerned citizens, and with other concerned citizens and senior staff of the Midpeninsula Regional Open Space District (District). Repeat visits to the trail fol- lowed from my discovery that a significant portion of the trail is severely degraded by mountain bikes. In the affected areas the trail has been obliterated — • replaced by broad zones devoid of trail tread. These zones are comprised of exposed expanses of fractured bedrocks which is dissagregating into sediment ranging in size from sand grains to boulders. The sediment veneers, and has accumulated downslope of, these zones; • lowered on the order of several feet relative to the adjacent forest floor; • lacks chaparral vegetation and soil beyond the width of the former trail tread; and • is clearly due largely to mountain bikes as the degraded zone is veneered with the imprint of bicycle tires, and outcrops of bedrock are veneered with the skid marks of bicycle tires. District staff has informed me that portions of other trails within ECdMC are likewise degraded2, as such it is reasonable to assume that what stands on the Manzanita Trail occurs on other trails in ECdMC. As judged by the Manzanita Trail it is likely that trails in other District lands on which mountain bikes are allowed are likewise degraded. These trail conditions hold no beauty, rather demonstrate the wasteland that moun- tain bikes leave behind. More important, the conditions do not comport with the Dis- trict's stated mission - "Our mission is to acquire and preserve a regional greenbeit of open space land in perpetuity; protect and restore the natural environment; and 1.Sandstone member of the Butano Sandstone, 2. Blue Blossom, Leaf, South Leaf, El Corte de Madera West, Methuselah, Springboard and Steam Donkey trails. Page 1 of 3 provide opportunities for ecologically sensitive public enjoyment and education.' To better assist you in understanding the severity of the degradation I have enclosed a compact disc containing photographs of the degradation. I suggest your Board in-total walk the Manzanita Trail to witness first-hand the deg- radation that mountain bikes cause to the land, keeping in mind that — (a) The Dis- trict has spent nearly $1 million of taxpayer money in ECdMC to remedy the transport of sediment from trails and roads to the channel network, (b) the sediment generated by degradation will enter the channel network with concomitant impacts to aquatic species, and (c) related issues and significant efforts to remedy the issues, exist in and for the San Gregorio Creek watershed, in particular recovery of the coho salmon (Oncorhynchus kisutch), and in-time likely the steelhead trout (Oncorhynchus mykiss)'. The District is soon to observe the benchmark 40th year since inception. The District does not exist on Distel Circle, the District is the District's land, and the vehicle through which the public partakes of District land is the trail network. Given the rel- ative chronological maturity of the District, and the history of abusive land use prac- tices in ECdMC, the degradation of the Manzanita Trail should not have occurred. However, it has occurred, and that it occurred raises the following substantive issues that the District has yet to address. 0 Where - in the context of field presence and state of consciousness - was the District field staff as degradation of the Manzanita Trail was occurring? 0 What mechanisms does the District have in place - as field assessment of trail conditions, recording assessment, and translating the record into effective man- agement of the District trail network - such that conditions as those extant of the Manzanita Trail do not occur? The degraded condition of the Manzanita Trail is a bold statement of the lack of sen- sitivity of the mountain bike community to the damage they inflict on our public lands, and the Districts poor stewardship of our lands. In conclusion, at this late stage of degradation, the only effective and responsible action by the District is to immediately close the Manzanita Trail and other trails sim- ilarly degraded in ECc1MC, and begin to plan for decommissioning the closed trails. It is important to note that constructing by-pass to closed trails in the EUMC will likely prove to move degradation to another location due to the hydrogeologic and topo- graphic environments in the ECdMC, and the intransigent insensitivity of the moun- tain bike community to the degradation they sow. Sincerely, Robert Zatkin Page 2 of 3 � l The following regulatory mandates exist for the San Gnegoho Creek watershed. Other correlative issues exist. ° Designation by the federal NOAA Hahohem Service for recovery of the Central California Coast DPS (Distinct Population Segment) of coho salmon (Oncorhynchus kisutch), listed as endangered under mandate of the federal Endangered Species Act (ESA). [SeehULp://sw:nmfa,noaa.guv/recoveryy Cuho_Recovery_P|an_031810.htm, ]. ° Likely designation by the federal NOAA Fisheries Service for recovery of the Central California Coast OPS stme|head trout (Oncorhynchus mykiss), listed as threatened under the EGA. [See http:// � swcnmnfs.noaa.gov/recovery/Steo|head_CCCS.htm] � ° The State of California Water Quality Control Board released ~$650,000 of taxpayer money to exe- cute a watershed-wide study and assessment to determine modes and mechanisms for Improving habitat for aquatic species, In particular the cnhosalmon [See h\1p://vvvvw.sgerc.org/, DCwndoa � San Greciorlo Watershed Manaaement .] Recently the federal Environmental Protection agency � release ~$45O,0UOof taxpayer money tn execute the project San Gregorio Creek Watershed: Filling � Critical Flow Needs, to demonstrate the possibility of increasing water quality, restoring habitat and � maintaining agricultural productiv|ty. � ° Designation by the State of California under the federal Clean Water Act, Section 309(d) as Sedi' � memt/Si|tat|onimpainnenttostee|headhabitat. [See Nttp://wwvxevnzb.ca.g sanfrandscnbay/ wate[|syues/prog ram s/TMDLs/3U3dUst.shtmL page of2A9.] � � � � � � � � � � � � � Page 3o[3 � GENERAL MANAGER Stephen E Abbors Regional OpenSpace ' Mldpefllnsula Regional Open Space District BOARD OF DIRECTORS Pete SierTlens Yoriko Kisnimoto Jed Cyr Curt Riffle Nonette Hanko Larry Hassett Cecily Harris Robert Zatkin PO Box 139 San Carlos, CA 94070 E-Mail Address: rzatkin(%�gmail.com June 8, 2011 RE: Response to comments on El Corte de Madera Creek Open Space Preserve Dear Mr. Zatkin, Thank you for your correspondence of April 18, 2011.. District staff who have a thorough,technical understanding of the ongoing Watershed Protection Program(WPP)at El Corte de Madera Creek Open Space Preserve have reviewed your comments and concerns, and have developed the following responses to your bulleted items regarding the Manzanita Trail: Comment 1: "Repeat visits to the trail followed from my discovery that a significant portion of the trail is severely degraded by mountain bikes. In the affected areas the trail has been obliterated—replaced by broad zones devoid of trail tread. These zones are comprised of exposed expanses of fractured bedrock which is disaggregating into sediment ranging in size from sand grains to boulders." Response 1: The cumulative causes of surface degradation are complex and have occurred over an extended period of time. Prior to District ownership of the property,the land to which you refer in your letter, had been the site of prior timber operations and was heavily impacted with associated logging roads and skid roads. Many of these legacy logging roads, including the Manzanita Trail, followed ridgelines or creek drainages, and were constructed using heavy equipment such as bulldozers. These past practices, combined with naturally-occurring thin soils, are the original causes for the loss of topsoil and vegetation in the Preserve. Following logging activities, the area was used as a motorized motorcycle recreation area, which exacerbated the loss of topsoil and vegetation. As such, the severe landform degradation that remains visible in the Preserve occurred prior to modern mountain bicycle use. The District has been working to systematically remedy impacted site conditions that have resulted from prior land uses. The worst sections of the old Manzanita trail were rerouted, including the top portion of the trail, which now experiences very little erosion. To date,nearly 14 miles of road have been upgraded in the Preserve, including drainage improvements, road-to-trail conversion, fill removal from stream channels,road surface rocking, and culvert removal and replacement with clear-span bridges. Comment 2: "... lowered on the order of several feet relative to the adjacent forest floor" Response 2: The"through-cut"shape of the Manzanita Trail (a surface lowered relative to surrounding topography) was caused by bulldozers as part of past timber harvesting activities. Techniques for correcting ridgeline skid trails underlain by naturally thin soils involve importing fill and topsoil and reshaping the 33o Distel Circle Los Altos,CA 94022 6,,o 691 1200 <65o 693i 0485 1 WWVV,openspace org ridgeline into a"crowned"surface.This technique of reshaping the landscape is the ideal solution, and staff performs landform restoration at every opportunity, where appropriate; however, experience has shown that this technique has limited success on steep slopes with exposed bedrock, such as portions of the Manzanita Trail. Fill must be imported and placed on hard bedrock to recreate the ridgeline. Even if this fill is covered with erosion netting and seeded with native grass, it is very difficult to retain onsite because the bedrock does not provide a good anchor(even if ripped with bulldozer rippers) and is prone to moving downslope.This is an expensive fix with limited success. Given the low threat of sedimentation to the aquatic environment from these exposed bedrock sections of the Manzanita Trail, and limited District resources, large scale efforts and trail upgrades have been directed at priority areas having increased potential for sediment delivery. District field staff recently completed maintenance activities on the Manazanita Trail per the recommendations in the 2002 Road and Trail Erosion Inventory by Timothy C. Best, CEG. Where feasible, staff implemented a practical and effective solution to reduce the potential for concentrated runoff to carry soil particles. This solution involved breaking up the edges of existing through-cuts to allow runoff to exit the skid road often by also installing rolling dips at an appropriate spacing, and at a scale large enough to handle big storm events without failure. Although the Manazanita Trail is not a significant contributor to sediment in the watershed,routine maintenance is essential to ensure that the trail remains sustainable in the long term. Comment 3: "...lacks chaparral vegetation and soil beyond the width of the former trail tread." Response 3: The Manzanita Trail alignment was originally constructed as a road width logging skid road. The portions of the Manzanita Trail that have not been rerouted follow original road width logging road cuts. Comment 4: "...is clearly due largely to mountain bikes as the degraded zone is veneered with the imprint of bicycle tires, and outcrops of bedrock are veneered with the skid marks of bicycle tires." Response 4: Rubber mountain bicycle tire treads are indeed visible on the former logging skid road(now trail),which is open to mountain bicycle use. The visible signature of eroding sandstone bedrock has an uneven surface,and is grooved and carved by rain, runoff,and also bicyclists, hikers, and equestrians, which is not necessarily aesthetically pleasing. This trail received a low priority for sediment delivery in the 2002 Road and Trail Erosion Inventory. Although sediment may be accumulating down slope of inherently blocky underlying bedrock material, the likelihood is low that sediment from this particular trail is reaching the aquatic environment. The WPP focuses on higher priority trails given their proximity to the aquatic environment, likelihood of sediment delivery, and related concerns regarding habitat protection for aquatic organisms. Nonetheless,the District performs routine maintenance on all trails, including those carrying a low priority for sediment delivery to address trail use impacts and for long term trail sustainability. Routine maintenance includes installation or re-grading of existing rolling dips, road crowning, and other common drainage improvements. Comment 5: "Where—in the context of field presence and state of consciousness—was the District field staff as degradation of the Manzanita Trail was occurring?" Response 5: See Response 2 regarding the history of the severe landform degradation that occurred prior to District ownership of the property. Comment 6: "What mechanisms does the District have in place—as field assessment of trail conditions, recording assessment, and translating the record into effective management of the District trail network— such that conditions as those extant of the Manzanita Trail do not occur?" 2 Response 6: The District has an on-call Certified Engineering Geologist under contract to assist District staff with developing solutions to road and trail issues. Prioritization of road and trail repairs is based on the relative threat to the natural resources,and is made in consultation with expert staff trained in sediment control,trail construction, and landform restoration, and oftentimes with third-party professional confirmation. In addition,District field staff evaluates all trails at least annually,and routine maintenance and improvement needs that do not require permitting or contracting are prioritized by field supervisors. Repair projects that require permits are prioritized by Planning staff and added to annual Action Plans accordingly. The District thanks you for your continued interest in El Corte de Madera Creek Open Space Preserve,and for highlighting the importance of watershed protection. We hope these responses address your questions about management and maintenance of District trails at this Preserve. Sincerely, Larry Hassett, Board President Midpeninsula Regional Open Space District I.H:mmm cc: MROSD Board of Directors 3 Robert Zatkin PO Box 139 San Carlos,CA 94070 E-Mail Address: rzatkin&,,gmail.com June 8,2011 RE: Response to comments on El Corte de Madera Creek Open Space Preserve Dear Mr.Zatkin, Thank you for your correspondence of April 18,2011.District staff who have a thorough,technical and on- the-ground understanding of the ongoing Watershed Protection Program(WPP)at El Corte de Madera Creek Open Space Preserve have reviewed your comments and concerns,and have developed the following responses to your bulleted items regarding the Manzanita Trail: Comment 1: "Repeat visits to the trail followed from my discovery that a significant portion of the trail is severely degraded by mountain bikes. In the affected areas the trail has been obliterated—replaced by broad zones devoid of trail tread.These zones are comprised of exposed expanses of fractured bedrock which is disaggregating into sediment ranging in size from sand grains to boulders." Response 1: The cumulative causes of surface degradation are complex and have occurred over an extended period of time. Prior to District ownership of the property,the land to which you refer in your letter,had been the site of prior timber operations and was heavily impacted with associated logging roads and skid roads. Many of these legacy logging roads, including the Manzanita Trail, followed ridgelines or creek drainages,and were constructed using heavy equipment such as bulldozers. These past practices,combined with naturally-occurring thin soils,are the original causes for the loss of topsoil and vegetation in the Preserve. Following logging activities,the area was used as a motorized motorcycle recreation area,which exacerbated the loss of topsoil and vegetation. As such,the severe landform degradation that remains visible in the Preserve occurred prior to modern mountain bicycle use.Comparably, at a significantly smaller scale, ongoing recreational uses,which at El Corte de Madera Creek is primarily mountain bicycling,can be reasonably assumed to contribute to the erosion and sediment issue at the Preserve. The District has been working to systematically remedy impacted site conditions that have resulted from prior land uses and reduce impacts from all ongoing recreational uses. The worst sections of the old Manzanita trail were rerouted, including the top portion of the trail,which now experiences very little erosion. To date,nearly 14 miles of road have been upgraded in the Preserve, including drainage improvements, road-to-trail conversion, fill removal from stream channels,road surface rocking, and culvert removal and replacement with clear-span bridges.These improvements address the potential for future sediment delivery to the watershed and result in upgraded roads and trails that better support recreational uses over the long term. i Comment 2: "... lowered on the order of several feet relative to the adjacent forest floor" Response 2: The"through-cut"shape of the Manzanita Trail (a surface lowered relative to surrounding topography)was caused by bulldozers as part of past timber harvesting activities.Techniques for correcting ridgeline skid trails underlain by naturally thin soils involve importing fill and topsoil and reshaping the ridgeline into a"crowned"surface.This technique of reshaping the landscape is the ideal solution,and staff performs landform restoration at every opportunity,where appropriate; however, experience has shown that this technique has limited success on steep slopes with exposed bedrock, such as portions of the Manzanita Trail. Fill must be imported and placed on hard bedrock to recreate the ridgeline. Even if this fill is covered with erosion netting and seeded with native grass, it is very difficult to retain onsite because the bedrock does not provide a good anchor(even if ripped with bulldozer rippers)and is prone to moving downslope.This is fix with limited success. Given the low threat of sedimentation to the aquatic environment an expensive t ted su ce q from these exposed bedrock sections of the Manzanita Trail,and limited District resources, large scale efforts apriorityar havin increased potential for sediment delivery. and trail upgrades have been directed tareas per' g P rY District field staff recently completed maintenance activities on the Manazanita Trail per the recommendations in the 2002 Road and Trail Erosion Inventory by Timothy C.Best,CEG. Where feasible, staff implemented a practical and effective solution to reduce the potential for concentrated runoff to carry soil particles. This solution involved breaking up the edges of existing through-cuts to allow runoff to exit the skid road often by also installing rolling dips at an appropriate spacing,and at a scale large enough to handle big storm events without failure. Although the Manazanita Trail is not a significant contributor to sediment in the watershed,routine maintenance is essential to ensure that the trail remains sustainable in the long term. Comment 3: "...lacks chaparral vegetation and soil beyond the width of the former trail tread." Response 3: The Manzanita Trail alignment was originally constructed as a road width logging skid road. The portions of the Manzanita Trail that have not been rerouted follow original road width logging road cuts. Comment 4: "...is clearly due largely to mountain bikes as the degraded zone is veneered with the imprint of bicycle tires,and outcrops of bedrock are veneered with the skid marks of bicycle tires." Response 4: Rubber mountain bicycle tire treads are indeed visible on the former logging skid road(now trail),which is open to mountain bicycle use.The visible signature of eroding sandstone bedrock has an uneven surface, and is grooved and carved by rain, runoff,and also bicyclists,who make up the majority of the recreational use at the Preserve,and to a less extent hikers and equestrians.The Manzanita Trail received a low priority for sediment delivery in the 2002 Road and Trail Erosion Inventory because sediment from this particular trail has a low likelihood of reaching the aquatic environment. The WPP focuses on higher priority trails given their proximity to the aquatic environment, likelihood of sediment delivery,and related concerns regarding habitat protection for aquatic organisms. Nonetheless,visible signs of erosion are not aesthetically pleasing and do not reflect the goals, value and trail standards that the District holds,which is why the District performs routine maintenance on all trails,including the Manzanita Trail,regardless of its priority for sediment delivery to address trail use impacts and for long term trail sustainability. Routine maintenance includes installation or re-grading of existing rolling dips,road crowning, and other common drainage improvements. Comment 5: "Where—in the context of field presence and state of consciousness—was the District field staff as degradation of the Manzanita Trail was occurring?" Response 5: See Response 2 regarding the history of the severe landform degradation that occurred prior to District ownership of the property. i 2 Comment 6: "What mechanisms does the District have in place—as field assessment of trail conditions, recording assessment,and translating the record into effective management of the District trail network— such that conditions as those extant of the Manzanita Trail do not occur?" Response 6: The District has an on-call Certified Engineering Geologist under contract to assist District staff with developing solutions to road and trail issues. Prioritization of road and trail repairs is based on the relative threat to the natural resources,and is made in consultation with expert staff trained in sediment control,trail construction, and landform restoration,and oftentimes with third-party professional confirmation. In addition,District field staff evaluates all trails at least annually,and routine maintenance and improvement needs that do not require permitting or contracting are prioritized by field supervisors. Repair projects that require permits are prioritized by Planning staff and added to annual Action Plans accordingly. The District thanks you for your continued interest in El Corte de Madera Creek Open Space Preserve, and for highlighting the importance of watershed protection. We hope these responses address your questions about management and maintenance of District trails at this Preserve. Sincerely, Larry Hassett,Board President Midpeninsula Regional Open Space District LH:mmm cc: MROSD Board of Directors 3 June 2, 2011 C Board of Directors Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 RE: Road Easement—Fremont Older Open Space Preserve Dear Board of Directors, This letter is a request to put on the MPOSDBoard agenda for the meeting June 22, 2011, items concerning: 1. Request for MPOSD to accept a Quit Claim Deed from Linda Houston (formerly Linda Stuckey) from the uppermost of her property line to the property line of Denise and Joel Harris. This "Houston"easement runs across MPOSD land and has not been used by Houston since 1971 (date property purchased) as this portion of the easement is a dead end road. Linda Houston will be responsible for hiring a civil engineer to legally describe this portion of the easement for recording. Attached is a map showing that portion of road is cross-hatch. In hindsight, Houston should have done a Quit Claim Deed to this portion of the road while the ownership was under Bank of America for Cora Older or Dorothy and Jack Lyddon, owners previous to District. The Older House and Adobe (National Historical Registry) are owned by District and rented out. The Harris property has a First Right of Refusal by District. Why should I be paying for road maintenance and repairs for a dead end road,public owned road which services patrol and emergency vehicles, with one private land holding(District ownership option-Harris) at best? If this portion of road was in private ownership, I could just record a Quit Claim Deed. The law states that a public agency has to accept a Quit Claim Deed; thus, my request to you. The Road Agreement for the easement on land of District for Fremont Older Preserve is 17 years old (Attached). A Quit Claim Deed will affect this financial obligation portion of the Road Agreement. The existing agreement has shares: 4/8 MPOSD 2/8 Levine (Fremont Older house and Adobe House)—MPOSD owned and rented out 1/8 Harris (District- First Right of Refusal) 1/8 Stuckey(Houston) A document prepared by M.R.O.S. D. Staff, 2/2/82 show(Attached): 500 ft. to now the Ranger House 900 ft. to road to Stuckey (Houston)barn 1,050 to Stuckey(Houston) driveway 1,855 ft. to Adobe 2,000 ft. to Levine residence 2,250 ft. to Harris residence (Note: At this time, Harris also had a barn/horses but was not named) 2,200 ft. Patrol Route (I don't understand as the patrol gate is at the foot of Harris property) As the road usage by District has increased by a large increment and there is a Ranger Residence, my request is for District to increase their share of costs by amending the Road Agreement signed September 29, 1994. The visitor parking lot located at the entrance of the Preserve has 160 linear ft. of common easement. I request that District pay 100%of road maintenance of the 160 lineal feet as this parking lot is used by visitors 365 days of the year. That portion of the road between the parking lot and the ranger's residence, the hillside slippage has P g caused the road to be approx. 10 ft. wide for about 70 feet. I request that District use their equipment to remove the dirt to widen the road. I request that part of the current road maintenance and repair proposal/contract is to install a 3 ft. high retaining wall in this area. Currently no vehicles can pass in this portion of road. I have watched many times emergency vehicles having to stage in/out for this portion of road. District has built a small retaining wall to keep open the culvert in this area. I request that District approve a change to Item# 6 Soliciting Bids. "If a single installment of work under this agreement is estimated to exceed$5,000$8,000 total,the parties agree that a formal bid process shall be undertaken to obtain a contractor by or under the auspices of District. If the work agreed to is estimated to be under$5,000$8,000,three estimates shall be obtained and the contractor shall be selected with the unanimous concurrence of the parties." I request that District approve a Road Agreement Amendment to reflect different cost percentages, to reflect the increase of District vehicular use in the last 17 years to Houston upper property line AND second percentage formula from Houston upper property line to Harris property. The road has had no maintenance in 12 years. Elaine and Mort Levine, renters of Older House, have stated that they intend to live there 3-5 more years. Mr. Levine has told me that he is not interested in modifying the road agreement in any way. He wants the road repaired....and then talk about a new road agreement. What incentive is there for Levine's to sign an amendment to the agreement when they are "short timers"? If I were in their shoes, I would be saying the same thing. Mr. Levine has stated that he is agreeable to paying$5,000 toward road maintenance and badly needed repairs. He said that I would not be included in the cost of road maintenance/repair above my property. I applaud the Levine's, using their own money, lovingly restored and cared for the Fremont Older home(and gardens)and it is now on the National Historic Registry. The Levine's have a unique relationship with District, as they should. This is not the same relationship of a private land holding such as mine and Harris. I have a Note to File dated December, 1981: "A year ago,Nov. 28th in the emergency discussions with Steve Sessions, old land mgr it was agreed to get a formula established and he verbally agreed to PD 79%, Harris 7%, Levine 7%and Stuckey 7%." I have a Note to File dated August 22, 1994 (Attached): Talked to John Escobar(District)about repair of the road and he says that Harris is getting ready to sell their home. Park District has to help them get top dollar for their house. Harrises(sic) had been good neighbors to Park District over the years and they owed this to Harrises(sic)." The Harris' did not move; however,this repair was done in the most rapid of manner. Request for Bid due by August 31, 1994, Twenty-two (22)days after my conversation with Mr. Escobar, September 13, 1994, Annette Coleman, District, is signing a Purchase Authorization/ Purchase Order for base rock. The Road Agreement is signed September 29, 1994. by Stuckey; October 5 by Harris and signatures not dated by Levine or L. Craig Britton, General Manager. Dr. Hope Rugo, Oncologist, UCSF, "Ms. Houston has high grade, very aggressive invasive breast cancer..." I had surgery Nov. 2004, approximately 70 chemo to date and I am in a clinical trial. As a result of my surgery, I have lymphodema. I am going to be selling my home. I do not want the stress of tensions, arguments over this road situation. I do not want the stress of being told by District personnel that"things" get sent to " m District "send to Legal"for ears on end Legal where they sit sit. I have heard from ( g y would u m home at an includingMay, 2011 I have found a residence that I want to buy. Who ou d buy y y Y ) price, with the current easement situation and current condition of the road? I request the same kind of treatment that Harris received in regard to "help them get top dollar for their house." The road condition is a huge issue: the same that it was for Harris in 1994. The road is in terrible condition and Levine, Harris and Houston strongly support immediate attention to this problem. If the work is agreed upon and commences before Amendment to Road Agreement, I am (all of us)are held to a 17 year old dated contract. This would not be right. As of today,this is where the road situation stands: In October, 2010,there was a"road meeting"to walk the road. Present was Joel Harris,Mort Levine, Michael Newburn (MPOSD) and myself. We walked and talked about repair from below the Adobe to the entrance of the Preserve. One Proposal (District initiated)was submitted by Bay Area Asphalt and Cement Works. The cost was $34,085 for 4"of hot mix or$22,624 for 2"of hot mix. Their drawing is hard to follow. On April 19, 2011, Mr. Levine submitted a Proposal from Graham Contractors for$19,850 for"chip seal". I submitted a Proposal, April 7, 2011, from Asphalt Surfacing, Inc. for patch repairs of specific large potholes for$13,800. These three proposals are "Apples and Oranges."There was a"road meeting"on May 13,2011, at the Levine home with Denise&Joel Harris, Mort Levine, Michael Newburn(District) and myself. I provided the name of a"road consultant"and suggested his involvement of evaluation. I now feel that a road decision can be made without a"consultant". However, I have had no contact with District since October, 2010, and May 13,2011 other than one three sentence email from District with Bay Area Asphalts Proposal attached and no telephone or person to person contact. Has this road been targeted to be ignored whereas the trails and parking lot get unlimited attention/ more funding? In summary: October, 1999. —The road is repaired No communication from District from October, 1999,until October,2010(11 years), Road Agreement states that District is to call and hold a yearly road meeting. October, 2010, Walk the road and have discussions for repairs and..... Five months later, one communication(meeting) and one Proposal /Contract from District. Where are the other two estimates as per the road agreement? Bay Area Asphalt is Proposing: 254 ft. x 13 ft. (area of hillside slippage where road is 10 ft. wide) 130 ft. x 13 ft. (going uphill between Ranger Residence and Houston driveway) 384 lineal ft. total "repaired"out of 1,050 lineal ft. (using District 2/2/82 document/measurement) between preserve entrance and Houston driveway 64 ft. x 7 ft. at Adobe 130 ft. x 13 ft. between Adobe and Fremont Older House/Levine 194 lineal feet Thank you for your attention to the above issues, Linda Houston 22600 Prospect Rd. Saratoga, CA 95070 408 996-3741 LindaKayHS@yahoo.com pgoSpECT ROAD MAIN't'F*�Te�GF AGREEMfiNT This agreement made at Lo Altos, California, this day of -:-- , 1994, by and between Linda and Stun Stuckey, (hereinafter called "Stuckey"), 22600 Prospect Road; Mort and Elaine Levine, (hereinafter called "Levine"), 22800 Prospect Road; Earl and Donna Hams, (hereinafter called "Harris"), 22902 Prospect Road; and Midpeninsula Regional Open Space.District (hereinafter called "District"). WHEREAS, each of the above parties has access to or has easements running over a portion of the extension of Prospect Road on the District's Fremont Older Open Space Preserve, running from its junction with the public portion of Prospect Road westward for approximately 2,500 feet to the junction with a driveway to the adjacent "Harris" property, WHEREAS, the parties desire to mutually maintain and repair the access road (hereinafter called " the road") and to be chargeable for same upon the terms and conditions described below, NOW, THEREFORE, the parties agree as follows: 1. D nfi�'vtion of h�a Road. The area described as the road is shown in attached Exhibit "A". 2. Condition of I Road• The parties acknowledge that the road is presently an oiled baserock surface road in good condition. 3, ���;nt��annce Qf t e Road. The parties agree to repair and maintain the road to a condition that permanent ear-round vehicular passage. The parties agree mutually to decide will guarantee pe Y �e road in methods and materials that will be used to repair and maintain the road, and to keep its current condition, and that all local government codes, regulations and permit procedures will be observed. nr R��intP=lnnCe of Road and Sh o Cow. The parties agree to assess themselves and 4. �,� y Portion of it, and to share and pay for the expense of maintaining and repairing the road or an po share the cost of improving the road or any portion of it under the following formula and as dictated by actual use of the road. Eam M.R.O.S.D. 4/8 Levine 2/8 Stuckey 118 Harris 1l8 Other easement holders on the road do not actively use same at this time. If, however, use by other easement holders begins on a regular basis, such costs. wild be asked to become a party d to,an amended agreement and share repair e If the road or any portion of it becomes unsafe or is not in a - S, *;o_ aUhn ReB es, or then reasonably usable condition during normal weather conditions, any of the parties, rs in interest, shall notify in writing each of the other owners of record of respective suctesso_ 5 {�, 1 �� the portion of the road requiring maintenance or repairs and the estimated cost of effecting such maintenance or repairs. All parties will then meet and confer wittiin 30 days and attempt to agree as to the need for such repairs, including costs, extent, and time period of repair. Upon such agreement, payment shall be made in advance to the party administering such repairs and the repair will be completed as soon as practicable. It is also agreed that all parties will confer at least once a year, during the months of March or April, to ascertain the condition of and need for normal repairs of the road. The District will be responsible for calling the annual meeting. However, any party may call the annual meeting if the District fails to do so during the months of March or April. 6. Soliciting Bids. If a single installment of work under this agreement is to be $5,000 or more, the parties agree that a formal bid process shall be undertaken to obtain a contractor by or under the auspices of District and the contractor shall be selected with the unanimous concurrence of the parties. If the work agreed to is estimated to be under $5,000, three estimates shall be obtained and the contractor shall be selected with the unanimous concurrence of the parties. Contracts shall be awarded to the lowest responsible bidder. 7. Period of Agreement. This agreement shall be in force for a period of five (5) years and shall automatically renew for an additional five (5) years at the end of each five-year period, unless any party gives written notice of cancellation of the five-year extension period 30 days before the beginning of the extension. Any party at any time may request in writing a conference of all parties to review road usage figures and individual cost shares. It is understood that this would normally occur, however, at,the annual conference stipulated in paragraph 5. 8. Entire Agreement. This instrument contains the entire agreement between the parties. Any modifications hereof shall be in writing and signed and executed by all the parties. 9. Attorney's Fees. If there is any controversy, claim, or dispute relating to this instrument or the breach thereof, the prevailing party or parties shall be entitled to recover from the other(s), as determined by the court, reasonable attorney's fees and costs. 10. Heirs and Successors. This agreement shall be binding on and inure to the benefit of heirs, personal representatives, successors, and assigns of the parties hereto. Midpeninsula Regional Open Space District CL_*tnnd L da Stuckey / i 41*1,0a�nd Elaine Levine L. Craig Britton, General Manager Earl and Donna Harris ,�15�� Z -FREMONT OLDER OPEN SPACE PRESERVE ROAD (Prospect Extension) STATEMENTS Length of common road in need of repair = 21�'✓� l.�rfv�kL �b-C�oH GL, c� • Length of common road to specific residence or use area -jZd&D. (vehicle traffic only) f.Harris S.D. (Deady Res_ ) _ '506 S.D. (Adobe Res. ) S_D (Patrol Route) - y (Stable) y (Residence) _ ►�45D ` �'_ t � -- (Residence) _ ��Q0-6 f` (Residence) • A road agreement is necessary going maintenance for on L enance of a used road. c ommonly Maintenance at this time will include retention of a stable surface with no potholes or drainage problems, passable 365 days a year in all weather. Surfacing at this time will not include asphalting or concrete, but may include at least 3/4" crushed rock. • All parties must be signatory to a mutually worked out agreement which will run with the land and be legally binding. 0 A majority vote of all four parties will be necessary to determine when and how much road work is necessary. Immediate completion of payments for the culvert repair done a year ago should be an integral part of the agreement. • All work done should be solicited through the bid process with all parties agreeing to the accepted bid. • Any work or materials offered by any one of the parties tou and i road repair should be part of the same hid process and be agreeable ' to all. • Payment for maintenance done should be made under the same share formula as in the culvert repair based on length of road used by each user. KLA "J 46D s� r Harris Residence MPOSD—First Right of Refusal ,cr�as - � � o 7 vkome t Odder �s el Frem°n L e,in ' 4 MPOSD INI,ID 3 t 2? 400 TIN . r 46 p,�O 5� �- �,4�.N� OPEN SPACE °f g 61n9$ AC. ��� Saratoga Country Club I� �..'MGAC.z 131STRICT Residence I3oustOn.,M Saratoga Country Club • 49 M �f (24J7AC.) it,0, S. l28•M•IT i L Ut 2ct bt.F�ur Y G Cl cz CZ—! C / , u d w v�C Ll bLU c'a u k tLlul o rpL. — i r1 �.c>` �'� ��. 4-L- r- OVAVvL 1-- I� kle 12 4—c" v :S-- �^ ^ ( P �L vv Midpeninsula Regional • " Open Space District R-11-65 Meeting 11-15 June 8, 2011 AGENDA ITEM 4 AGENDA ITEM Issuance Approval of a Right of Entry to the California Department of Transportation for the Construction of Slope Protection Improvements along Highway 9 (Congress Springs Road) west of the City of Saratoga at Saratoga Gap Open Space Preserve (Santa Clara County Assessor's Parcel Number 503-37-009) and Determination that the Proposed Action is Categorically Exempt from the California Environmental Quality Act (CEQA) GENERAL MANAGER'S RECOMMENDATIONS 1. Find that the District, acting as a Responsible Agency, has reviewed and concurs with the California Department of Transportation (Caltrans) determination that the recommended action is categorically exempt from CEQA. 2. Approve the Right of Entry allowing the Caltrans to install slope control improvements along Highway 9 at Saratoga Gap Open Space Preserve, and authorize the General Manager to execute the Right of Entry on behalf of the District. SUMMARY The California Department of Transportation (Caltrans) needs to perform storm damage repairs along Highway 9 (Congress Springs Road) to stabilize a road embankment that is eroding from recent rainstorms. Part of the proposed slope improvements would be installed on District lands. Caltrans is requesting a Right of Entry to install these improvements, and will return to the District following completion of the project to seek a permanent slope easement for these improvements. In exchange for the proposed slope easements, the District is proposing that Caltrans grant the District an encroachment permit for public use across State Route 35 (Skyline Boulevard) from El Corte Madera Open Space Preserve to the lands of California Water Service on the east side of Skyline Boulevard and/or for the installation of"No Parking" signs along Highway 35. These two requests would facilitate implementation of the Board-approved El Corte de Madera Open Space Preserve Parking Lot and Trails Project. R-11-65 Page 2 DISCUSSION The project site is located approximately five miles west of the City of Saratoga at the Saratoga Gap Open Space Preserve, along the south side of Highway 9 (Exhibit A). The slope stabilization work to be performed is at two nearby locations along the highway both within the Caltrans right of way and on District land, on the steep side slopes of Highway 9. Caltrans proposes to construct an anchored wire mesh bank stabilization system as part of this project. Bank stabilization improvements would be installed within the area subject to the proposed Right of Entry, which will ultimately require two slope easements covering two project areas (see map attached to Exhibit B)totaling approximately 13,057 square feet of steep hillside. One of the conditions for the proposed Right of Entry would require that Caltrans hydro-seed with native seed mix and incorporate best management practices to ensure erosion control and water quality. The proposed Right of Entry requires Caltrans to return to the District upon completion of the project to seek permanent slope easements for the bank stabilization improvements. In lieu of monetary compensation to the District for the proposed slope easements, District staff has proposed that Caltrans issue the District an encroachment permit to relocate a public ingress and egress across Highway 35 as a connection to the Bay Area Ridge Trail across the lands of California Water Company on the east side of Skyline Boulevard and/or to install "No Parking" signs along Highway 35 to preclude use of inadequate roadside parking areas. These improvements would facilitate implementation of a separate Board-approved project to construct a new parking area and trail improvements at El Corte de Madera Creek Open Space Preserve. Pursuant to the terms of the proposed Right of Entry, Caltrans will either grant the District the desired encroachment permit for public access across and/or roadside signage along Highway 35 or, if unable to do so despite its best efforts, will negotiate in good faith with the District to agree upon appropriate monetary compensation (see Terms and Conditions below). Caltrans expects to commence work on the project immediately, contingent upon the District's issuance of the proposed right of entry. CEQA COMPLIANCE Project Description As the lead agency on this project under CEQA, Caltrans determined that the proposed storm damage repair work along Highway 9 is categorically exempt from CEQA. The project is defined by Caltrans as follows: Storm damage repair of a slope failure area along State Route 9, Post Mile 1.6, in Santa Clara County. The scope of work consists of removing loose material from the slope and installation of an anchored wire mesh bank stabilization system. Caltrans determined that the project will not have a significant effect on the environment, and is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15301 - Existing Facilities, which exempts the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or R-11-65 Page 3 topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The recommended action to be taken by the District consists of granting permission to Caltrans to enter and install the bank stabilization improvement on approximately 13,057 square feet of District open space land for the purposes of undertaking the above-described project. Provisions included in the proposed Right of Entry require Caltrans to take appropriate measures to avoid any potentially significant environmental effects, including adhering to erosion control and water quality best management practices. CEQA Determination As a-Responsible Agency" under CEQA, the District has reviewed and considered the lead agency's Categorical Exemption determination and concurs with Caltrans' determination that the project is categorically exempt from CEQA under Section 15301 - Existing Facilities. TERMS AND CONDITIONS The proposed Right of Entry includes the following key terms and conditions: • Caltrans shall incorporate into the project all practicable erosion control and water quality Best Management Practices, and shall use appropriate native seed mixes. • The District will issue the Right of Entry to accommodate Caltrans' construction schedule. No later than 30 days after completion of the project, Caltrans agrees to apply to the District, for permanent slope easements. • If the District agrees to subsequently grant the proposed permanent slope easement to Caltrans, it would be in accordance with Public Resources Code 5500 el seq., which provides that the District's conveyance of a permanent interest in real property be consistent with the open space purposes of the District. • In exchange for the proposed permanent slope easement, Caltrans would agree to use its best efforts to compensate the District in the form of an encroachment permit across Highway 35 from the El Corte Madera Open Space Preserve to the lands of California Water Company for a flature connection to the Bay Area Ridge Trail and/or to install "No Parking" signs along Highway 35. • If, despite its best efforts, Caltrans would be unable to convey the encroachment permit for the public to cross Skyline Boulevard to the District by June 30, 2012 both parties would be obligated to negotiate in good faith on appropriate compensation for the slope easements proposed to be granted by District to Caltrans. The proposed grant of a permanent slope easement to Caltrans will be brought back to the District Board for approval at a future public meeting. FISCAL IMPACT The issuance of the Right of Entry to Caltrans will have no fiscal impact to the District's budget. R-1 1-65 Page 4 PUBLIC NOTICE District land surrounds the proposed slope easement improvements. Therefore, written notice of this item has been sent in accordance with the Brown Act and no additional notice is necessary. NEXT STEPS Pending Board approval, the Right of Entry will be executed by the General Manager and transmitted to Caltrans for its execution. Attachments: Exhibit A: Project Location Map Exhibit B: Right of Entry to Caltrans Prepared by: Michael C. Williams, Real Property Manager Contact person: Same as above Graphics prepared by: Zachary Alexander, Planning Technician ,Fremont r ,er iUSP s 4 59 1. !/ ' ,• .r r7 Area of ,.0 Detai 1 .y i i idge ira► at ga Gap Is Point A Caltrans = e_to-fh a + Right of Entry 7rai� ~�. 5-1 ry 'l 1 a s,.•' t 1 Exhibit A: Location of Proposed Caltrans Right of Entry, Saratoga Gap OSP Midpeninsula Regional IL Highlighted Property Open Space District (MROSD) MROSD Preserves Other Protected Open Space 8 or Park Lands May, 2011 Private Property Miles — -0 0.25 0.5 While the District strives to use the best available digital data,this data does not represent a legal survey and is merely a graphic illustration of geographic features. �I I I RIGHT OF ENTRY Date: District: 4 County: Santa Clara Route: 9 Post Mile: 1.6 Parcel No.: 61590 Exp Auth: 3S6209(04 0000 08 14) i State of California Department of Transportation Mr.Bijan Sartipi District Director District 4 111 Grand Avenue Oakland,CA 94612 Dear Mr.Sartipi: The Midpeninsula Regional Open Space District("District")hereby grants this Right of Entry to the State of California Department of Transportation("Department")to enter upon District lands located in Santa Clara County on State Route 9,Post Mile 1.6(the"Premises")to repair side slopes on the south side of State Route 9 damaged by rain storms by removing loose debris, trimming of vegetation and installing permanent an Anchored Wire Mesh System as a slope stabilization control improvement(the"Project"). The Premises is comprised of a portion of Santa Clara County Assessor's Parcel Number 503-37-009,as more particularly described and shown on the Right of Way Appraisal Map attached as Exhibit A hereto and incorporated herein by this reference. As a condition of this Right of Entry,Department shall add the following specifications to the construction contract let by Department for this Project: (1) The seed mix to be used in the hydroseeding applied on the Premises as part of the Project erosion control measures shall conform to the seed selection specified in Exhibit B attached hereto and incorporated by this reference. (2) The contractor shall incorporate into the project all practicable erosion control and water quality Best Management Practices. All work done under this Right of Entry shall conform to all applicable building,fire,environmental and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good and workmanlike manner. All structures, improvements or other facilities, when removed and relocated, or reconstructed by Department, shall be left in as good condition as found. It is understood by the parties that this Right of Entry does not itself constitute the grant of a Right of Way or temporary or permanent easement. No later than 30 days after completion of the Project,Department will apply to District for the legal right to maintain, repair, and install the above-described Project on District land on a permanent basis in the form of a permanent slope easement(the"Slope Easement")as shown on Exhibit A. The Slope Easement will be granted in accordance with Section 5500 et.seq.of the California Public Resources Code. It is further understood by the parties that this Right of Entry is not a waiver in any way of the right of compensation for the Slope Easement or of any remedy authorized by law to secure payment therefor. District acknowledges it has been advised of its right to receive immediate compensation and has waived that right,agreeing to be compensated at a later date. Department acknowledges that District desires to pursue of an Encroachment Permit for rights to cross State Route 35(Skyline Boulevard) at 13.8 for recreational access purposes and/or to install"No Parking"signs along State Route 35 between Post Miles 12.9 and 14.5(the"Encroachment Permit"). This Right of'Entry is granted in consideration of the construction of the Project,which is understood by the parties to be required by Department, with the understanding that Department will hereafter without unnecessary delay,negotiate in good faith with the undersigned,and any other person,if any,having any tight,title or interest in the Premises,to agree upon terms of compensation for the Slope Easements. The District will apply for the encroachment pen-nit and the Department agrees that it will use its best efforts and take any required action to compensate the District in the form of the Encroachment Permit described above. If,by June 30,2012 such Encroachment Pen-nit cannot be granted despite the best efforts of Department,then Department and District will thereupon negotiate in good faith in order to agree upon an appropriate amount of compensation and the nature of the compensation for granting the Slope Easement, whether in money, property interests, on- or off-site mitigation,or any combination thereof. If such an agreement cannot be reached,Department will promptly commence eminent domain proceedings,including a deposit of funds to support an Order for Possession,to have such compensation deten-nined. Section 1245.235 of the Code of'Civil Procedure requires Department to give each person whose property is to be acquired by eminent domain notice and a reasonable opportunity to appear before the California Transportation Commission and be heard on the matters referred to in Section 1240.030 of the Code of Civil Procedure,which provides: The power of eminent domain may be exercised to acquire property for a proposed project only if all of the following are established: (1) The public interest and necessity require the project. (2) The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. (3) The property sought to be acquired is necessary for the project. (4) The offer required by Section 7267.2 of the Government Code has been trade to the owner or others of record.(If an offer has not been made,an appraisal will be prepared as soon as practicable and an offer made of the full amount of'such appraisal). By granting this Right of Entry of the Premises to Department, District agrees to the following: (1)District specifically waives the notice required by Code of Civil Procedure Section 1245.235 of the hearing of the matter referred to in Code of Civil Procedure Section 1240.030 and the adoption of the resolution of necessity by the California Transportation Commission authorizing the taking of the property described in Exhibit A; (2)District shall not object to the filing of an eminent domain proceeding to acquire the property described in Exhibit A;and(3)in any eminent domain action filed by Department to acquire the property described in Exhibit A, District shall not challenge Department's right to take such property, and the only issue shall be the amount of just compensation for the property. It is understood that Department will pay interest from the date of the full execution of this Right of Entry on the just compensation paid by Department. The rate of interest will be the rate of earnings of the Surplus Money Investment Fund and computation will be in accordance with Section 1268.350 of the Code of Civil Procedure. Interest will be computed to and including the date of deposit of compensation. Department agrees to indemnify and holds harmless District from any liability arising out of Department's operations under this agreement. Department further agrees to assume responsibility for any damages proximately caused by reason of Department's operations under this Right of Entry and Department will,at its option,either repair or pay for such damage. Department and its contractors shall have sole responsibility for the safeguard of their equipment, property, and personnel from any and all injury, death, or damage, and Department shall, at its option, either repair or pay for such damages. Department's right of'possession and use of the Premises under this Right of Entry shall commence on June 10,2011. It is agreed and confirmed by the parties hereto that the rights and obligations under this Right of Entry shall terminate upon the recordation of the Slope Easement and payment of the compensation for the Slope Easement as set out herein. 2 IN WITNESS WHEREOF,the parties have executed this Right of Entry the day and year first above written. STATE OF CALIFORNIA MIDPENINSULA REGIONAL OPEN DEPARTMENT OF TRANSPORTATION SPACE DISTRICT ACCEPTED: ACCEPTED: By By R.A.MACPHERSON STEPHEN E.ABBORS Deputy District Director General Manager Right of Way ATTEST: RECOMMENDED FOR APPROVAL: By By MICHELLE RADCLIFFE SHIRLEY DILLARD District Clerk Right of Way Agent Acquisition Services APPROVED AS TO FORM : By JASPREET SINGH By District Branch Chief Susan M.Schectman Acquisition Services General Counsel By RECOMMENDED FOR APPROVAL: STEVE FUKAGAWA Project Manager By Michael Williams Real Property Manager 3 Exhibit A Irc eah eE 4ptep!a.r haK�a.�u I _ —. _- —_ KI. [iT Ffri .o1LL YMPC aFt Santa Clara CountyAw 235 F2D8 30 3-29�1968 �,1 �•�� >l�amammEa !) r ` + + yf°� yY• ` d NlSt. + + ..ime.�P.„Q,�� IDI•!G_!!9 ALSV Pam f1 w 14 P. Y_.. tY.irllK f•_r,Ui + 1 :�'iv�bii-'--.;m a n.��er.'• v � ..., p i►� -a •' /�+�f� 6L•.L>t i41®1115 GA/1 \ p! dG ti.rL- �� / v.�lS \• 1A9�6A ert A im W r(oea fmMF u n t +r ..S m•oror CY err ti p b m 'e r." mat•,;, NiD31N ss.irm! z �p slo-en + L_ a 8 + lwua aA + + + L + e PAIDPENINSJLA REGIDNAL OPEN SPACE DISTRJCT fla 1s r cm![eellla �f / 1!tlrt aq' M MOm b�aicd - lYr Tmk ' C PaEM - ILa• 1Fenien uyf. gRg �� u er•oran as '�� °`i• ss•aer w. u su•umt alr i •� t, +..�ra r.,� LEGEND N yr f Cd mrram >✓,E'L.Nw o otoaL•na ® xom m .iee11 sr+:lr� leainE W to r® traeee felt R N Pv firer 42 rwla R emc aw'ta loaf an m PR3 �� !it :ate JPtINOff� OF aiAn a GI�WMlYA -.......a- .4ai t✓;1 R - -I. QQp ' WtaiN.i11lNPOni�TO W I(OYlpO YlI.rre lose a.,.....a .a'.:� Gw 3a0 C- aa¢ '.:'M�IpO! � 41• �afYee ObA1PI!!!aY N nuwoa4ra Tax leis RIGHT OF WAY h APPRAISAL MAP VICINITY MAP A-10380.6 -s srL SME 1'SO' tt'MDP+Im HC MMrvb+'o��.r�YWea� Sul[!M rSIT � Y t r 1 R c s oYwC cyan � !E!T a� �4i �. �dN lrelele!ltllll.ra!'�Na W EM N � i ✓1•ni IIA! t WAO 5¢ ! N aS 1K! . ri EXHIBIT B Recommendations for CalTrans roadside slope stabilization project along Hwy 9 Adjacent to Saratoga Gap Open Space Preserve: Erosion Control Fabrics If temporary erosion control materials are desired, netting or blankets composed of natural fibers are recommended instead of plastic. Plastic netting is known to trap and kill small animals such as lizards and snakes. Plastic netting also becomes refuse as it breaks down over time, whereas natural fibers will biodegrade. Mulch Selection The use of mulch is recommended for portions of the work area which are not to steep to hold such materials. One of two types of mulch should be used: wood chips(when local material is being chipped on site)or noxious weed-free straw. It may be difficult to find quality noxious weed-free straw because the State of California does not have a certification program for such straw. Some companies provide straw that has been certified by the States of Washington or Oregon,and these are preferred. After grading work is completed, spread straw so that it is at least 2 inches thick above soil. Noxious weed-free straw can be purchased from vendors such as Hedgerow Farms (21740 County Road 88, Winters,CA 95694, (530)662-6847). Native Grass & Forb Seed Mixes Seeding is not recommended on this steep, shady site, but if grass is desired for temporary erosion control, sterile wheat grass is recommended. Sterile wheat will germinate in shade quickly but will not remain long enough to effect native plants(less than one year). Some of the widely used non-native grass mixes should be avoided. These contain aggressive spreading species,such as those found in the"Santa Cruz Erosion Mix". Some of these species will move into adjacent District lands and require expensive removal efforts by the District. Seeding Methods Spread the grass after all grading and before spreading straw or mulch on the site. Remove all weeds and miscellaneous plant material from surface of soil to be planted. Seed mix should be spread at a rate of at least 40 lbs/acre. Seed should be covered with straw or wood chips(see below). Midpeninsula Regional Open Space District � 1 R-11-66 Meeting 10-15 June 8, 2011 AGENDA ITEM 5 AGENDA ITEM Receipt of District Ombudsperson Carol Joyce's 2010 Annual Report to the Board of Directors; Accept Resignation of District Ombudsperson Carol Joyce Effective June 30, 2011; and Direct Staff to Return with a Process for Recruitment GENERAL MANAGER'S RECOMMENDATIONS 1. Receive District Ombudsperson Carol Joyce's 2010 Annual Report to the Board of Directors; 2. Accept the resignation of District Ombudsperson Carol Joyce; and 3. Direct staff to return with a process for recruitment. SUMMARY LAFCo's conditions of the District's expansion to the San Mateo Coast in 2004 included appointment of a District ombudsperson to work as a liaison between the District staff and the public to resolve citizen inquiries and concerns. The Board appointed Carol Joyce as its first volunteer ombudsperson in October, 2004 and has extended her contract through 2009. On March 24, 2010, the Board extended Ms. Joyce's services through December 31, 2010. Ms. Joyce recently notified the District that she is moving out of the area and can no longer fulfill the responsibilities of the ombudsperson. Staff will be returning to the Board with a process to recruit a new ombudsperson. DISCUSSION At the October 27, 2004 Board Meeting, the Board appointed Carol Joyce as the District's first Ombudsperson (See Report R-04-112). When the Ombudsperson program was adopted, the Board established a one-year term of appointment. Since her first appointment on October 27, 2004, the Board has determined that Ms. Joyce has fulfilled the responsibilities of the Ombudsperson very responsively and effectively. The Board had renewed Ms. Joyce's contract throughout the subsequent years. Her current contract renewal was approved by the Board on March 24, 2010 (R-10-56), and is scheduled to expire on December 31, 2011. R-11-66 Page 2 On March 24, 2011, Ms. Joyce submitted her 2010 Annual Report to District staff(Attachment A). To our regret, after her many years of excellent service, Ms. Joyce also submitted her resignation as the District Ombudsperson as her family is relocating out of the state (Attachment B). Her last day with the District will be June 30, 2011. The General Manager recommends that the Board accept the Ombudsperson's 2010 Annual Report and resignation and to direct staff to begin the recruitment process to fill the Ombudsperson's vacancy. FISCAL IMPACT This is a volunteer position and will not result in any impact to the budget. PUBLIC NOTICE Public Notice was provided by the Brown Act. No further notice is required. CEQA COMPLIANCE This proposed action is not a project under the California Environmental Quality Act and no environmental review is required. NEXT STEPS If the Board approves the recommendation, District staff will begin the recruitment process to fill the Ombudsperson vacancy and staff will return to the Board at the July 13, 2011 meeting to provide an update on the recruitment process. Attachments 1. Ombudsperson's Annual Report to the Board 2. Signed Resignation Letter Prepared by: Michelle Radcliffe, CMC District Clerk Contact person: Stephen E. Abhors, General Manager ATTACHMENT 1 To: Larry Hassett, President, Jed Cyr, Cecily Harris,Nonette Hanko, Yoriko Kishimoto, Pete Siemens, Curt Riffle CC: Steve Abbors, Sue Schectman From: Carol L. Joyce, Ombudsperson Date: May 24, 2011 Re: 2010 Annual Report In the past year, I received a wide variety of requests and concerns which are summarized below. I noted a theme in the concerns about rangers which I brought to staffs attention. The concerns were not about the underlying infraction but the user's perception that the situation was not handled properly. In response to my observations as well as issues brought directly to staff, David Sanguinetti advised me that additional training was provided to the rangers. The training addressed how to respectfully approach a visitor who has committed a violation as well as other communications tools for this type of situation. Since the training, I have not received a concern regarding how the rangers handled a violation of MROSD regulations. I will not be able to continue as volunteer ombudsperson for the upcoming year. As I explained in my letter dated, May 24, 2011, 1 will be moving out of California. I have enjoyed working with Board members, staff and users as the first volunteer ombudsperson. Summary of Inquires received from March 2010 through May 2011 Name Concern Action Status Ron Wolf Copyright Response Resolved Infringement from Rudy Jurgensen Stephen Inquiry Referred to Resolved Dougherty regarding District Staff. process for designation trails as -multiuse" or hiking only Kelli Tejada Concerned Referred to Resolved with encounter District Staff with ranger over off leash dog. Nathaniel Question Referred to Resolved Hefner regarding Staff weed abatement Pat McGuire Requested I Forwarded Resolved forward her email to Steve suggestions Abbors regarding wheelchair accessibility to MROSD. Andy Fields Concerned Forwarded Resolved over several request to encounters District Staff with park rangers. Viviana Tul Concern Referred to Resolved regarding Staff misleading waitlist status for hikes Kati Concern over Referred to Resolved, was Hirigoyen treatment at Staff not MROSD Highway 9 property overlook during meteor shower Ralph and Concern I spoke with I have not Carol regarding the heard back on Eschenbach treatment of Eschenbachs this matter. running group regarding their Hashhouse frustration in Harriers using open space lands for running events. I also shared my conversation with staff. They were familiar with the ongoing issues and spoke to the Eschenbachs. Frank Peale Question Forwarded Closed regarding email to Steve Madronas Abbors. cultivation. David Frigstad Concern Advised that I No further regarding was contact. logging on ombudsperson POST for MROSD property. not POST. Djuka Van Concern Referred to Resolved Der Velde regarding staff. behavior of ranger living on MROSD property. Bianca Concern about Referred to Staff Gruetter damage to staff. responded and property advised how caused by to proceed. MROSD ranger. Yvonne I spoke with I sent an email Unknown Geiger Ms. Geiger outlining her regarding her concerns to concern that Steve Abbors. MROSD had over reacted when her sons and his friends were found in restricted area of Mt. Umunhum. Because the matter was already in the courts, I advised I could not assist her. Respectfully submitted, Carol L. Joyce Ombudsperson Midpeninsula Regional Open Space District ATTACHMENT 2 JOYCE CONSULTING AND DISPUTE RESOLUTION May 24,2011 Larry Ilassett,President Steve Abhors,General Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altos,CA 9402 2-1 404 Dear Larry and Steve. Please accept this letter as my tbrmal resignation as the volunteer ombudsperson for MROSD. My family and I are moving out of state. June 30,2011 will be the last day I am available to perform the duties of ombudsperson. It has been a wonderful experience working with Board members and staff ofMROSD for the last seven years. I have a better appreciation for the challenges in maintaining open space for the dual purpose of preserving natural habitat and providing recreation and education to users. I wish you continued success in your efforts to preserve open space for future generations. Best regards, Carol L.Joyce P.O.Box 724 (650)219-5664 600 Califonva Ave. "i"I"R cljoyce@caroljoyeemediatiorl,com Moss Beach,Cafiforma s i L http!//w .caroijoycemediation.mmm 94038 Midpeninsula Regional • " Open Space District ► x R-11-64 Meeting 11-15 June 8, 2011 AGENDA ITEM 6 AGENDA ITEM Award of Contract with T.K.O General Engineering and Construction, Inc., for the Big Dipper Ranch Roads Project at Skyline Ridge Open Space Preserve GENERAL MANAGER'S RECOMMENDATIONS 1. Find that the District, acting as a responsible agency, has reviewed and considered the Mitigated Negative Declaration prepared by the California Department of Fish and Game as lead agency, and concurs with the findings therein with respect to the project. 2. Authorize the General Manager to execute a contract with T.K.O. General Engineering and Construction, Inc., for a bid amount of$148,650 plus a 20% contingency, for a total amount not to exceed$178,380, to complete the Big Dipper Ranch Roads Project at Skyline Ridge Open Space Preserve. SUMMARY The Request for Bids for the Big Dipper Ranch Roads Project was released on April 13, 2011. Eight(8) Bid Proposals were received and opened on Friday, May 27, 2011.. Evaluation of the bids revealed that the apparent low bidder T.K.O General Engineering and Construction, Inc., presented a complete bid package and is the lowest responsible, responsive bidder. Therefore, staff recommends awarding the contract for the Big Dipper Ranch Roads project to T.K.O General Engineering and Construction, Inc., for the total amount of$178,380, which includes a 20% contingency amount of$29,730. The requested contingency is justified given the project complexities (i.e. many of the project sites are failing, some material to be removed is difficult to reach; there is the potential for unknown material in fills, and grading volumes are estimated for areas that are buried, with uncertain dimensions). Additionally, biological issues related to sensitive species could emerge that may alter the anticipated project schedule or that may require additional work from the contractor. R-1 1-64 Page 2 DISCUSSION Background In June of 2008, the Board approved entering into a grant agreement with the California Department of Fish and Game (CDFG) to provide funding assistance to complete the Big Dipper Ranch Road Project (see Report R-08-79). The project involves watershed restoration activities within the Big Dipper Ranch portion of the Skyline Ridge Open Space Preserve. Project work will be completed using heavy equipment and hand labor. Benefits of the project include a reduction of sediment from road sources that drain to both Peters and Pescadero Creeks. Both creeks have been identified as important spawning and rearing habitat for the federally-threatened steelhead trout and federally-endangered Coho salmon. Project treatments will follow specifications identified in the CDFG California Salmonid Stream Habitat Restoration Manual and are designed to meet sediment reduction objectives identified in the Pescadero-Butano Watershed Assessment (Environmental Science Associates, 2004) for both steelhead trout management and Coho salmon recovery. Contractor Selection The bidding process commenced on April 27, 2011. Bid packages were sent to 29 contractors and five (5) local builders' exchanges. A legal notice was posted in the Half Moon Bay Review and San Mateo County Times and an Invitation to Bid was posted on the District website. A mandatory pre-bid meeting was held on April 27, 2011, and was attended by 11 contractors. Sealed bids were due on May 27, 2011 and eight (8) bids were received as shown below, with T.K.0 General Engineering and Construction, Inc., announced as the apparent low bidder: Percent Difference Bidder Location Total Bid from Cost Estimate of$185,000 1. TKO General -20% Engineering and Woodside $148,650 Construction , Inc 2. Golden State San Jose $154,400 -16% General Engineering 3. Conley General +4% 1 Engineering Santa Cruz $194,000 4. Grade Tech, Tnc. Castro Valley $221,100 +19% 5. Gecko Golf San Ramon $229,950 +24% Construction 6. Redwood +28% Engineering Redwood City $237,444 Construction 7. Stoloski & Half Moon Bay $245,250 +32% Gonzalez, Inc. 8. W.R. Forde Richmond $451,500 +144% Associates R-11-64 Page 3 Staff has thoroughly examined the bid proposals submitted, reviewed prior work experience, and has checked references to verify that the selected contractor is a responsible, qualified bidder with the skill and experience necessary to complete the Project. FISCAL IMPACT The project budget of$352,000 has been approved by the Board and is included in the Planning Department FY2011-12 budget. Therefore, sufficient funds exist in the budget for the proposed contract of$178,380. The remaining project funds will be utilized for property infrastructure improvements (cattle exclusion fencing, new troughs and plumbing), and biological consulting services. Of the approved budget, $148,473 will be reimbursed by a grant award from the CDFG. The proposed action does not result in an unanticipated increase to the budget. PUBLIC NOTICE Public notice for the award of bid was provided as required by the Brown Act. No additional notice is required. CEQA COMPLIANCE A Mitigated Negative Declaration ("N4ND") was completed by the CDFG for all projects awarded funding (including the Big Dipper Ranch Roads Project) under the 2008 Fisheries Grant Restoration Program. The District, acting as responsible agency, has reviewed and considered the MND and concurs with the findings therein with respect to the project. NEXT STEPS If approved by the Board, the General Manager will authorize T.K.O. General Engineering and Construction Inc., to perform construction services for the Big Dipper Ranch Roads Project, which is scheduled for completion during the summer and fall of 2011. Prepared by: Julie Andersen, Resource Planner I Matt Baldzikowski, Resource Planner 11 Contact person: Matt Baldzikowski, Resource Planner 11 INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION � FOR THE 2008 FISHERIES RESTORATION GRANT PROGRAM IN DEL N[)RTE, HUMBOLDT, L{}S /\NGELES. MENDOCINO, M/\R|N. K4{]NTEREY. � N- .P. " SAN LU|S {]0SP{}, SAN MATE{l, SANTA BARBARA, S|SK|YC)U, S{}N{)MA, TRINITY, AND VENTURA COUNTIES AND � REQUIRED AGREEMENT REGARDING PROPOSED STREAM OR LANE � ALTERATION The Project: This project will use grant funds approved by the California Legislature to initiate � activities that are designed to restore salmon and steelhead habitat in coastal streams and watersheds. Years of poor land management within California's watersheds which combined with natural events has altered native habitats. This has limited the ability of fish to survive and successfully reproduce in coastal streams that historically produced large populations of salmon and steelhead. This proposed � � project is designed to increase populations of wild anadromous fish in coastal streams by restoring � � their habitat. � The project objective is to improve spawning success for adult salmon and steelhead as well as to increase survival for eggs, embryos, rearing juveniles, and downstream migrants. Bank erosion � and riparian enhancement treatments will improve spawning conditions and embryo survival by � � reducing sediment yield to streams. Upslope road decommissioning or repair will also help address � these widespread problems. The replacement of migration barriers at stream crossings with bridges or natural stream bottom culverts will allow adult and juvenile salmonids access to additional spawning � and rearing habitat. The installation of the instrearn habitat improvement structures will recruit and sort � spawning gravel for adult salmon and steelhead, and create summer rearing pool and over-wintering � � habitat for juveniles. � The Finding: Although the project may have the potential 0u cause minor short-term impacts on soil, vegetation,wildlife,water quality, and aquatic life, the measures that will be incorporated into � � the project will lessen such impacts to an insignificant level (see initial study and environmental � � checklist). � Basis for the Finding: Based on the initial study, it was determined that there would not be significant adverse environmental effects resulting from implementing the proposed project. In addition, the project is expected to achieve a net benefit to the environment by enhancing and � maintaining quality salmonid spawning and rearing habitat in the fourteen-county project area. � The Department of Fish and Game finds that implementing the proposed project will have no significant environmental impact. � Therefore, this mitigated negative declaration is filed pursuant to the California Environmental � Quality Act(CE(]A). Public Resources Code Section 21O8U (o2). This proposed mitigated negative � declaration consists of all of the following: � | � ° Detailed Project Description and Background Information ° Initial Study Environmental Checklist Form � Explanation cf Response to Initial Study Environmental Checklist Form � Appendix A. Project Action Items | ° AppendixB. Mitigation Measures, Monitoring and Reporting Program For the 2008 Fisheries � Restoration Grant Program � AppendixC. Guidelines for Assessing the Effects of Proposed Projects on Rare, Threatened, and Endangered Plants and Natural Communities | ° AppendixD. Procedure for the Programmatic Evaluation of Paleontological Resources ° AppendixE. Procedure for the Programmatic Evaluation of Archeology Resources � � � 3 GENERAL MANAGER Stephen E Abhors Regional OpenSpaee I Midpeninsula Regional Open Space District BOARD OF DIRECTORS Pete Siemens Yor(ko Klshimoto Jed Cyr Curt Riffle Nonette H anko Larry Hassett Cecily Harris Tim Olden T.K.O. Construction 12750 La Honda Road#4 PO Box 620698 Woodside, CA 94062 June 9,2011 Dear Mr. Orden This letter is to acknowledge that at its Regular Meeting on June 8, 2011,the Board of Directors for the Midpeninsula Regional Open Space District authorized the General Manager to execute a contract with T.K.O. General Engineering and Construction, Inc. for a bid amount of$148,650 plus a 20%contingency, for a total amount not to exceed $178,380,to complete the Big Dipper Ranch Roads Project at Skyline Ridge Open Space Preserve. If you have further questions, please do not hesitate to contact me by phone at(650) 691-1200 or by e-mail at mradcliffe@openspace.org. Sincerely, Michelle Radcliffe,CMC District Clerk, Midpeninsula Regional Open Space District £� I s =J 33o Distel Circle Los Altos,CA 94022 P 6So 691,1200 F 6So 691048S ! www openspace.org ! 41A i ' Midpeninsula Regional ' Open Space District R-11-57 Meeting 11-15 .tune 8, 2011 AGENDA ITEM 7 AGENDA ITEM 7 7 Approval of the Agreement with Santa Clara County Communications for Design and Installation of a Simulcast Radio Communications System GENERAL MANAGER'S RECOMMENDATION Authorize the General Manager to approve the attached Agreement for Professional Services between Midpeninsula Regional Open Space District and County of Santa Clara for the design and installation of a simulcast radio communications system. SUMMARY The number of District staff using the District's radio system has increased as District staffing levels have grown. The radio improvement project is designed to address the following issues: 1. Communications between staff members in different geographical areas of the District can be unreliable due to geographical limitations of the current system. 2. Maintenance staff and Rangers share a common frequency, which has led to interference between users for both regular radio traffic and during emergency incidents. 3. Portable radios experience poor coverage in many areas due to geographical coverage limitations with the current radio system. The contract with Santa Clara County Communications, and related work outlined below, will address these issues. The Agreement for Professional Services with Santa Clara County Communications focuses on the first issue of providing communication ability for staff throughout the District. DISCUSSION Improvement of the District's radio system has been a long-standing request from field staff. In 2006, a-Needs Assessment" study was conducted and identified three critical needs for R-1 1-57 Page 2 improvement: 1) wide area coverage to enable District staff to communicate reliably with each other anywhere within the District; 2) the reduction of"dead spots", which are areas where portable radios receive or transmit little or no signal; and 3) the addition of a second radio frequency to reduce conflicts resulting from the growing number of system users. Other improvements identified included: the need to meet Federal Communications Commission (FCC) legal requirements for radio frequency "narrow banding" (narrowing the bandwidth of a radio frequency to more efficiently use the radio frequency spectrum), and to assess and improve existing antenna systems as needed at current facilities. The installation of"vehicle repeaters," which allow for greater range of the handheld radio units by using a vehicle radio to rebroadcast the radio signal from a handheld radio, was also recommended to reduce areas of poor coverage for portable radios. In January 2007, the Board accepted a consultant's report for a-Proposed Two Way Radio System Five Year Plan for Improvement" (see report R-07-1 0) and directed staff to develop further cost estimates and incorporate the project into the FY2007-08 budget. In March 2007, the Board approved a funding plan(see report R-07-40) and directed staff to complete the project in a three to five year time frame. The Board expressed its strong support for this project given the potential enhancements to employee and public safety and operational effectiveness. In April 2007, the Board approved a contract with Macro Corporation for project management services for the implementation of the Radio Improvement Project (see report R-07-54). Over the next three years, staff worked with Macro Corporation to develop and implement a test program using vehicle mobile repeaters to enhance and extend radio signal coverage. The vehicle mobile repeaters successfully provided additional coverage for portable radios in many radio dead spots. Since then, vehicle repeaters have been installed in all patrol vehicles. Various options were explored for obtaining a second radio frequency. Given the high use of radios in the San Francisco Bay Area it was difficult to find an available frequency. Eventually, staff was able to locate an available radio frequency and in March 2010, the Board approved the purchase of the use of the frequency from the owner, Fresno Mobile Radio (see report R-10-25). Simulcast Radio System A key factor in the project, and the focus of the contract with Santa Clara County Communications, is the Simulcast System. This system will require the use of microwave infrastructure to link the repeater sites so a radio transmission made at one end of the District will simultaneously be transmitted over all of the radio repeaters in the District's radio system. Such a system allows a person at any location in the District to communicate with others anywhere else in the District. Staff worked with Macro Corporation to develop specifications and technical standards for the system. In September 2009, Macro Corporation submitted a recommendation to the District that Santa Clara County Communications (SCCC), who had expressed interest in the project, be selected to install and maintain the Simulcast Radio System. SCCC was recommended based on R-11-57 Page 3 their: unique status as a government agency-provider already operating similar systems, proximity to the District's facilities, unique ability to integrate the District's new system into their facilities, industry knowledge, and familiarity with District operations. SCCC already has similar systems which they have installed and maintain, and have facilities located at the primary hub of the proposed District system, which will reduce costs to the District. The County also has good technical knowledge and operational experience with specific vendors of microwave systems and radio repeaters, and can provide equipment at reduced costs, based upon their negotiated contracts with radio equipment providers. District staff has worked with SCCC, utilizing the technical expertise of Macro Corporation, to ensure that the system will meet District needs, and that the services to be provided by the County are cost-effective. These provisions are reflected in the attached proposed Agreement. An agreement was also made with the National Park Service/Golden Gate National Recreation Area to allow them to install a tower within the antenna lease area on Black Mountain, which included a provision for District radio equipment including three microwave dishes (see report R-09-86). Negotiations were also conducted with San Mateo County for access to repeater sites for installation of microwave facilities. Retention of the Current Radio System Elements of the current radio system will be maintained to increase the overall capacity of the system, and to provide a back up in the event of a failure of any element of the new microwave system. District maintenance and administrative staff will primarily use the existing system, while patrol staff will mainly use the new simulcast system. However, any trained staff member will have access to elements of the radio system to use as necessary for District business. Upgrade of the current system is necessary to meet FCC requirements. Interoperability with Other Radio Systems The new radio system is compatible with systems in use by other emergency response agencies. Agencies which have written agreements with the District will be able to use the new simulcast radio system, and radios purchased for District staff will have the ability to operate on the frequencies used by other local fire and emergency response agencies. FISCAL IMPACT The adopted FY2011-12 budget for this project totals $1,170,000 and includes $976,750 for equipment and installation of the new simulcast radio system. Remaining funds will be used for upgrade of the existing radio system, FCC licensing, and project management. It is anticipated that the new system will be installed by December, 2011. Maintenance costs for the new system for the balance of FY2011-12 are estimated to be less than $10,000 and can be covered by the existing budget. R-1 1-57 Page 4 In future years, annual costs for maintenance of the new system are anticipated to be $25,000, in addition to annual maintenance costs of$8,000 for the existing radio system. The additional costs are due to the complexity of maintaining a microwave and simulcast radio system. As noted in prior Board presentations expenses for site leases for the new radio system, in future years, are estimated to increase from $15,000 to $40,000 per year. PUBLIC NOTICE Notice was provided pursuant to the Brown Act. No additional notice is necessary. CEQA COMPLIANCE Board approval of the Agreement with Santa Clara County Communications for Design and Installation is not a project under the California Environmental Quality Act (CEQA) and no environmental review is required. NEXT STEPS If approved by the Board, the contract will be implemented with the purchase of equipment and installation of the new simulcast radio system. Attachment: 1. Agreement for Professional Services Between Midpeninsula Regional Open Space District and County of Santa Clara Prepared by: David Topley, Support Services Supervisor Gordon Baillie, Management Analyst Contact person: David Topley, Support Services Supervisor Agreement for Professional Services Between Midpeninsula Regional Open Space District and County of Santa Clara This Agreement,dated this_day of , 2011, is by and between Midpeninsula Regional Open Space District, a public special district of the State of California (hereafter, "DISTRICT")and County of Santa Clara,California (hereafter,"COUNTY"). Recitals WHEREAS,the DISTRICT desires to engage the COUNTY to provide Communications Department services for the DISTRICT as more particularly set forth herein; and WHEREAS,the COUNTY is specially trained, experienced and competent to perform the special services required by this Agreement;and WHEREAS,the COUNTY is willing to render such professional services, hereinafter defined,on the following terms and conditions; and NOW,THEREFORE,DISTRICT and the COUNTY agree as follows: Agreement 1. Scope and Schedule of Service Subject to the terms and conditions set forth in this Agreement,the COUNTY shall provide DISTRICT with the services described in Exhibit A,attached hereto and incorporated herein by this reference. 2. Compensation For work performed by COUNTY in accordance with this Agreement, DISTRICT shall compensate the COUNTY in accordance with the payment terms,conditions and rates set forth in Exhibit B. 3. Proiect Managers COUNTY designates the Communications Director as Project Manager for the purpose of performing the services under this Agreement. DISTRICT designates the Support Services Supervisor as the DISTRICT's Project Manager for the purpose of managing the services performed under this Agreement. 4. Effective Date The effective date of this Agreement is upon execution by the DISTRICT. 5. Term of Agreement This Agreement is effective from Month Day,2010,to and including Month Day,2015, unless terminated earlier in accordance with Articles 6 and 7. 1 Agreement for Services between County 06 03 2011 and Midpeninsula Regional Open Space District I 6. Termination without Cause Either party may terminate this Agreement without cause, provided written notice is served to the other party at least 12 months preceding the termination date. 7. Termination for Cause Either party may terminate this Agreement for cause upon 90 days'advance written notice to the other party. For purposes of this Agreement,cause includes, but is not limited to,any of the following:(a)material breach of this Agreement by either party, (b)violation by either party of any applicable laws or regulations, (c)assignment by COUNTY of this Agreement without the written consent of the DISTRICT, (d)failure by the COUNTY to provide services in a satisfactory manner, (e)failure by DISTRICT to provide payment in a timely manner or(f)assignment by the DISTRICT of this Agreement without the written consent of the COUNTY. Such notice shall t specify eci the reason for termination and shall indicate th e effective date of such termination should remediation of the cause not occur within thirty(30) days provided that the nature of the cause can be remediated within thirty(30)days. If remediation will take longer than thirty days, an extension period may be granted to remediate the problem once agreed to and approved by both parties in writing. S. Ownership of Materials In the event of termination, all documents, records, data,studies, maps, photographs, reports, electronic files,and other materials prepared by COUNTY for DISTRICT pursuant to the Agreement,shall be provided to and become the property of the DISTRICT. 9. Relationship of Parties; Independent Contractor COUNTY will perform all work and services described herein as an independent contractor and not as an officer, agent, servant or employee of DISTRICT. None of the provisions of this Agreement is intended to create, nor will be deemed or construed to create, any relationship between the parties other than that of independent parties contracting with each other for purpose of effecting the provisions of this Agreement. The parties are not, and will not be construed to be in a relationship of joint venture, partnership or employer-employee. Neither party has the authority to make any statements, representations or commitments of any kind on behalf of the other party or to use the name of the other party in any publications or advertisements, except with the written consent of the other party or as is explicitly provided herein. 10. Assignment and Subcontracting Neither this Agreement nor any interest herein may be assigned by the COUNTY or the DISTRICT without the prior written approval of the other. COUNTY may not subcontract or assign any portion of this Agreement or the rights and obligations hereunder without the prior written consent of DISTRICT. The parties agree that approval or disapproval of a proposed assignment or subcontract is at the sole discretion of the DISTRICT. 11. Amendments This Agreement may be amended only by an instrument executed by both parties. 06 03 2011 2 Agreement for Services between County and Midpeninsula Regional Open Space District 12. Nondiscrimination and Compliance with Law | in the performance of this Agreement,COUNTY the DISTRICT shall comply with all applicable Fedena|,State,and local laws and regulations. 13. Insurance � Each party of this Agreement must,at its own expense, maintain a program of self-insurance � and/or insurance for general liability coverage in the amount of at least one million dollars ($1,000,000) per occurrence and in the aggregate and statutory California Worker's Compensation coverage. This coverage must remain io force during the entire term ofthis � Agreement. Each party must provide evidence that the required coverage i:inplace. � 14. Mutual Inclemnit In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the Parties pursuant to Government [ode Section 895.6, the Parties agree that all losses orliabilities incurred by party shall not be shared pro rata but instead COUNTY and DISTRICT agree that pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold each of the other parties, their officers, board members, employees and agents, harmless anyc|aim, expense damage � for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts oromissions or willful misconduct of the indemnifying party, its officers, board members, employees or agents, under or in connection with or arising out of any work, authority or � jurisdiction delegated to such party under this Agreement. No party, nor any officer, board � member,employee or agent thereof shall be responsible for any damage or liability occurring by � � reason of the negligent acts or omissions or willful misconduct ofother parties hereto, their � officers, board members, employees or agents, under or in connection with or arising out of any � wur�authority orjurisdicdon delegated to such other parties under this AQreonuent. � � � � 15. yotices � All notices required by this Agreement will be deemed given when in writing and delivered � personaUyordepos�ed in the United States mail, postage prepaid, return receipt requested, � � � addressed to the other party at the address set forth below or at such other address as the party � � mnaydesiOnateinwr�ingin accordance with this section' � � � To DISTRICT: Attn: General Manager � K4idpeninsu|a Regional Open Space District 330 Diste|Orc|e � Los Altos, California 94O22'14O4 � ToC0UNTY Attn: Communications Director � County of Santa Clara � 911 Communications Department � 27OO Carol Dr. � � San Jose,CA 95135 � � � 16. Governing Law This AgneennenLhas been executed and delivered in, and shall be construed and enforced in accordance with, the laws of the State of California. Proper venue for legal action regarding this � Agreement shall bein the County of Santa Clara. 06/03/2011 3 Agreement for Services between County and kdGd Regional()oenSnuceI}b�c6� � r----- , . ^ � 17. SeverabilitY if any provision of this Agreement is found by a court of competent jurisdiction to be void, invalid or unenforceable, the same will either be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of this Agreement. 18. Waiver No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance.Any waiver granted by a party must be in writing, and shall apply to the specific instance expressly stated. 19. No-Smoking Policy COUNTY and DISTRICT and their employees, agents and subcontractors shall comply with the County's No-Smoking Policy, as set forth in the Board of Supervisors Policy Manual section 3.47 (as amended from time to time), which prohibits smoking within 30 feet surrounding County- owned buildings and leased buildings where the County is the sole occupant, and in all County vehicles. 20. Entire Agreement subject This document represents the entire Agreement between the parties with respect to the sub� matter hereof. All prior negotiations and written or oral agreements between the parties with respect to the subject matter of the Agreement are merged into this Agreement. 21. No Third Party Beneficiaries This Agreement is not intended to create, and does not create, any rights in or benefits for any third party. \\ i \\ I \\ i 06/03/2011 4 Agreement for Services between County and N idpeninsula Regional Open Space District IN WITNESS WHEREOF, COUNTY and DISTRICT have executed this Agreement as of _ COUNTY OF SANTA CLARA MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Bert Hildebrand Stephen E. Abbors Communications Director General Manager a m_ Emily Harrison Deputyc,ounty Executive APPROVED AS TO FORM APPROVED AS TO FORM AN LEGALITY: r` i 7 Mike More o Sue Schectman Deputy County Counsel General Counsel Exhibits to this Agreement: Exhibit A—Scope of Work and Services to be provided by County Communications Exhibit B—County of Santa Clara Communications Services Cost Recovery Methodology Exhibit C-DISTRICT's Proposed Microwave Network and Simulcast Radio Site Plan Exhibit D—DISTRICT'S Proposed New Two-Way Radio System& Existing Legacy Radio Communication System Equipment Information by Site 06/03/2011 5 Agreement for Services between County and Midpeninsula Regional Open Space District I�' Exhibit A Scope of Work and Services Provided by County Communications to Midpeninsula Regional Open Space District The Midpeninsula Regional Open Space District(DISTRICT) is in the final planning and design phase of system m (hereinafte r Radio System")which is n two-way radio communications )im lementin a ewY p g Y Y ( comprised of:a microwave communications network(hereinafter"Microwave Network"), and a simulcast system (hereinafter"Simulcast System")to operate within San Mateo and Santa Clara Counties(see Exhibit Q. The DISTRICT has requested the COUNTY to provide professional engineering and technical support services as required to assist in the design, licensing, procurement, implementation, maintenance, repair and future upgrades to the Radio System, based on the Communications Department's proven performance,experience,specially trained and competent workforce that will perform the special services as required by this Agreement. Under this Agreement,County Communications shall provide the DISTRICT the following services: 1. Design and Procurement: COUNTY will assist DISTRICT in completing final design and procurement of a Radio System compatible with other radio systems currently maintained and operated by the COUNTY. DISTRICT is responsible for the cost of and contracting for system procurement. DISTRICT will use COUNTY's competitively negotiated cooperative purchasing system for procurement. The COUNTY will verify, in writing,those proposals from vendors and suppliers are priced at COUNTY's competitive pricing. Examples of major components of the Radio System to be purchased under this agreement include but are not limited to: a. Digital Microwave Radios b. Digital-capable Simulcast VHF Radio Transmitters and Receivers c. Antennas, Cables, Racks,and Grounding Equipment d. DC Power Supply System 2. Compatibility of Microwave Network: COUNTY is responsible for ensuring complete compatibility with other local and regional microwave networks including but not limited to E-Comm, BayLoop, and MBAMS. County will ensure complete compatibility with proprietary network monitoring applications. 3. FCC Licensing: COUNTY will be responsible for obtaining FCC microwave licenses and will assist the DISTRICT with other FCC licensing requirements as required for the completion of this project. 06/03/2011 6 Agreement for Services between County and Midpeninsula Regional Open Space District 4. Microwave Network Installation, Monitoring and Maintenance: COUNTY will be responsible for installation,optimization, monitoring and maintenance of the Microwave Network equipment,and potential links to other local and regional microwave networks, if applicable. COUNTY will be responsible for hiring and managing tower crews to install,align,and maintain dishes,as required. 5. Power Supplies: COUNTY will assist DISTRICT in the design and procurement of 48 volt DC power supply systems for each radio site,except where already present at COUNTY sites. COUNTY will provide access and use of existing 48 volt DC power supply equipment. COUNTY will be responsible for installation,optimization, monitoring and maintenance of 48 volt DC power supplies and battery systems at each site. 6. Installation Programming and System Optimization: f; � Y p COUNTY will provide DISTRICT installation, programming and system optimization services necessary to implement the proposed Radio System. Quotations for design,engineering, initial implementation,and future upgrade services will be presented to the DISTRICT in writing for approval prior to initiation of work. Cost estimates for COUNTY services, including any sub-contractor work if required,will be included in each quotation for DISTRICT approval prior to initiation of work as described in Exhibit B. 7. Maintenance Repair Enhancements and Modifications to Radio System: COUNTY will provide maintenance, repairs, modifications, and enhancements to DISTRICT owned Radio System infrastructure equipment charged on a time and material cost recovery basis as defined in Exhibit B. Radio System modifications and enhancements will be provided by the COUNTY upon written request and quotation approval from the District. 8. Bi-Annual System-wide Maintenance: COUNTY will perform system-wide performance maintenance (PM)of the DISTRICT'S legacy and new Radio System on a biannual (approximate 6 month interval) basis. PM work will include, but not be limited to,alignment of the two-way radio, microwave and power plant infrastructure equipment. Fees for PM Service will be charged on a time and material cost recovery basis as defined in Exhibit B, and shall include a maximum not-to-exceed cost recovery cap of 80 hours annually. Any identified repair work will be additional and billed separately. 9. Technical Support Services: COUNTY will provide DISTRICT full-time (24 hours a day,7 days a week)technical support services for emergency repairs charged on a time and material cost recovery basis as defined in Exhibit B. DISTRICT Radio System will be monitored electronically and will provide automated notifications to on-du and on-call COUNTY technical support staff. directly pp tY DISTRICT may also request repairs or service during the COUNTY'S normal business hours of 7:00 am to 3:30 pm by calling the COUNTY Technical Services Division at(408) 977-3200. Repair or service requests made after normal business hours,on weekends and on holidays shall be submitted to the COUNTY Watch Commander in Dispatch Operations by calling(408)294-4424, j I 06/03/2011 7 Agreement for Services between County and N idpeninsula Regional Open Space District Depending on the nature and location of the requested repair or service, COUNTY technical support staff shall acknowledge receipt of the service request within 15 minutes,and initial field response will occur within 30 minutes of notification. Actual arrival times on scene will vary based on the location and required travel time. Current COUNTY performance standards require that public safety radio systems operate 99%of the time without major system problems and 95%of the time without minor systems problems. This standard shall be applied to the DISTRICT Radio System. 10. Documentation Support: County shall provide DISTRICT with documentation,upon request, in a mutually agreed format, regarding any necessary repairs to or technical problems with the system, including date,time service technician was dispatched, and time required to repair or resolve the problem. 11. Site Access: DISTRICT will be responsible for establishing and maintaining all site access and use agreements, including costs associated with leased radio equipment sites. COUNTY will assist DISTRICT in establishing leases and in identifying access needs and technical information and services required for site use, including but not limited to rack mounted radio and 48 volt DC power supply equipment placement, cabling routes,primary and backup power and HVAC requirements, and antenna locations, as required to establish each site lease agreement. 12. Facility and Tower Space: COUNTY will provide facility and tower space at County Communications'main facility located at 2700 Carol Drive 95125,California,to serve as the central core or hub location for both the Simulcast System and the Microwave Network.. 13. Inspection of Work: County shall provide opportunities for DISTRICT,or DISTRICT designee,to inspect work performed to ensure quality assurance,and quality control,are maintained to District standards and to the COUNTY performance standards set out in this Agreement. Additional Services 1. Expansion of Services: Expansion of COUNTY provided services may be added by the DISTRICT through amendment of Exhibit A and Exhibit B as defined in sections 11—Amendments,and 15—Notices,of this Agreement. 2. Service of DISTRICT-owned Subscriber Units: Service of DISTRICT-owned subscriber units(hand-held and mobile radios) by the COUNTY are not included in this Agreement, but may be added as an additional service in the future if approved in writing by both parties. 3. Dispatching Services: Dispatching services for DISTRICT staff by the COUNTY are not included in this agreement, but may be added as an additional service in the future if approved in writing by both parties. 06/03/2011 8 Agreement for Services between County and NUdpeninsula Regional Open Space District 4. Additional FCC Licensing Services DISTRICT may request COUNTY to procure new licenses and/or complete modifications to and renewal of existing licenses as needed and approved in writing by both parties. Proposed Radio System and Microwave Network Cost Estimate: As previously discussed within this Agreement,and more specifically within the Scope of Work defined in Exhibit A,the DISTRICT has requested the COUNTY assist them in completing the final design, procurement, installation and maintenance of a new MROSD Radio System that is to be completely compatible with other local and regional two-way radio communication and microwave systems and proprietary network monitoring applications currently maintained and operated by the COUNTY. Under this Agreement,the DISTRICT will be responsible for the cost of the system procurement. The COUNTY will verify, in writing,that all proposals from vendors and suppliers are priced equal to or better than the COUNTY's current competitive pricing. MROSD Radio System equipment will be installed at the following sites: • Santa Clara County—Communications Hill - Prime/MW Site • Black Mountain -Prime/MW Site • Tomita - Prime/MW Site • Coyote Peak—Radio Site • Skeggs- Prime/MW Site • Rolph—MW Site • Pise Radio Site "MROSD Analog Deployment Cost Estimate"table the COUNTY As detailed in the following g through the County Communications Department will provide reimbursable direct Technical Services (labor), or will assist MROSD in contracting and managing specialized technical support, as required,to install, activate, integrate, optimize and test specialized two-way radio and microwave communications equipment. This equipment, related hardware and software will include, but not be limited to, several high power VHF P25 capable simulcast radio transmitters; DSM II cards; crystal filters; duplexers; CSCI card and card cage; 8-channel digitac comparator;VHF antennas, 19 inch racks, cables and connectors; 48 volt DC rack mounted power supplies;TRAK synchronization GPS MFTS Rubidium standard for equipment; microwave antenna, cable connectors, hangers; microwave radios, racks, loop switches and other hardware; and multiplexor Zhone-Premisys PSID equipment (see Table below for a detailed breakdown of equipment, labor and cost estimates by site). The COUNTY will ensure all equipment is properly installed, grounded, and in material compliance with Motorola publication, "Manual R56,Standards and Guidelines for Communications Sites", dated March 1, 2000,that provide for the safe, orderly and reliable use and operation of radio communication sites and related equipment. i 06/03/2011 9 Agreement for Services between County and Mid-peninsula Regional Open Space District Appendix A IVIROSD Analog Deployment Cost Estimate MROSD and SCCo Quotes,Quantities and Pricing Estimates C) or Products by Category and Type Price Estimate Allocated SCCo 2700 Black Mtn Tomita Coyote Pk Skeggs Ralph Rise Spares Total Total Qty. Prime/MW Radio/MW Radio/MW Radio Radio/MW MW Radio Qty. $$ O Motorola and Related products-SCCo discount Quantars(High Power,VHF,Spectratac Option,P25 capable) 15,000 1 1 1 1 1 1 6 90,000 DSM Cards 10,000 2 1 1 1 1 1 1 a 80,000 ICrystal Filters 700 1 1 1 1 1 5 3,500 Duplexers 1,200 1 1 1 1 1 5 6,0001 CSCI Card and Card Cage 2,000 1 1 2,0001 8 Channel Digitrac Comparator 15,000 1 1 15,000 VHF Antennas-(cost estimate) VHF Antennas,Rack,Cables and Connectors 2,500 1 1 1 1 1 5 12,500 Power Supply Equipment-American Power-(from quote) 48 vdc Rack Mounted Power System-from quote 10,000 1 1 1 1 1 1 6 60,000 Trek Equipment-Synchronization- from quote) IModel 910ODC Modular Frequency Time System 18,000 1 1 1 1 1 1 6 108,000 Microwave-Harris-(from quoteO ) Antenna(dish),Cable Connectors,Hangers(average cost) 6,500 2 3 1 1 1 8 52,000 Microwave Radios,Racks,Loop Switches,Misc. 38,000 2 3 1 1 1 8 304,000 Multiplexer-Zhone/Premi!n PSID-(from quote) I MACS 600 Chassis 891630 with two(2)Power Supplies 1,500 1 1 1 1 1 1 6 9,000 > CPU Card 880370/CPU Firmware 60603(2 per chassis) 2,400 2 2 2 2 2 2 12 28,8001 C� interface Card 892260/8 TI/El Ports 1,450 1 1 1 1 1 1 1 7 10,150 SRU Card 822060 10 port RS232C V.24 1,200 1 1 1 1 1 1 1 6 7,200 WAN Card 801070,Dual TI/El 1,200 3 1 1 1 1 1 1 9 10,800 WAN Card 801470,Dual Ti/El w/relay 1,300 1 1 1 1 1 1 1 1 6 7,800 Total infrastructure Material Cost Estimate 806,7S0 M • Infrastructure Labor Costs 0 zi M Includes SCCo design,installation,activation&test-estimates 25,500 40,500 21,000 15,000 21,000 12,000 15,000 150,000 rD .K3 g Additional Considerations(budgetary estimates) co Tower Structural Analysis 2,500 1 1 1 3 7,500 W z Site Electrical improvements 2,500 1 1 1 1 1 5 12,500 'IZ n A) M C) 0 9 Total Labor,Material and Misc Cost Estimate 976,750 rj 5. q Does riot include site lease and maintenance costs Rack requirements(quanfty depends on microwave model) 2 Racks 2 Racks 2 Racks 1-2 Racks 2 Racks 1-2 Racks 1-2 Racks NA NA Confidential CDK-V9-SCCo Exhibit . County Communications � Cost Recovery The DISTRICT shall compensate the COUNTY for goods and services provided in accordance with the payment terms, conditions and rates set forth in this Exhibit (8). County Communications'Technical services are billed on a time and materials basis as follows: 1. Quotations and Apgroval: COUNTY shall prepare quotations and shall only perform major system installation work, such as the proposed Radio System, and any future system enhancements following 0STR|[Tswritten approval. Quotations will be based on a not-to-exceed amount,with final charges being billed at actual costs,whichever is the lesser amount, barring any unforeseen issues that must be addressed to complete the project. Any increase to the original not-to-exceed amount,caused by unforeseen issues, must be agreed toin writing by both parties. Annual preventive maintenance and repair costs are estimated to not exceed$2S,OOO. 2. . COUNTY will perform system-wide performance maintenance(PM)of the DISTRICT's legacy radio and new Simulcast System and Microwave Network on a biannual (approximate 6 month interval) � basis. PM work will include, but not be limited to,alignment of the Simulcast(two-way radio) System, Microwave Network,and 4Qvolt DC power plant infrastructure equipment. Fees for PM � Service will be charged on a time and material cost recovery basis with a maximum not-to-exceed � � cost recovery cap of8O hours annually. Any repair work identified during the PM will beadditional and billed separately. 3, Engineering and Technical Support: � COUNTY shall provide DISTRICT engineering and technician support as required to maintain and � repair DISTRICT owned equipment as identified through this Agreement based on fiscal year � published rates. Regular hours are Monday-Friday from 7:OOo.m.through 3:3Dp.m. Non-business � overtime for after-hour cmerQencycaU-outvepairsemice��haUbeasaessed �om3:31p.m.to6:5g � � a.m. onvv�ekday�and all day on weekends and holidays. All non-regular business hour work will be � � billed at overtime(1.5 x regular hours) rates with a 4-hour minimum charge for Technician support, � if not contiguous with normal business hours. |f contiguous with normal business hours(ie,work � � begins less than four hours prior to normal business hours or work is initiated before close of normal business hours),then the 4-hour minimum charge does not apply and only actual hours worked � ' � (regular/overtime)will be billed to the DISTRICT based on when the work is performed. 4. Communications Technical Services Rates: Effective July 1, 2010, rates for Communications Technical Services for Fiscal Year 2011 will be � � set asfollows: � Regular Hours o Technician Rate $117.00 $175S0 � o Engineering Services $136.00 $20400 06/03/20I1 Agreement for Services between County and MidneobzsuUa Regional Open Space District 5. Billing for Services The DISTRICT will be billed by the COUNTY on a monthly basis. All billings will be submitted to: The DISTRICT: Attn: General Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, California 94022-1404 Unless otherwise agreed to by both parties, all payments will be made within net 30 days of date invoiced by check to: The COUNTY: Attn: Accounts Payable County of Santa Clara 911 Communications Department 2700 Carol Dr. San Jose,CA 95125 Monthly billings will include the total amount billed for the month and year-to-date total,and as documentation will provide all invoices for work requested and performed during the billing period, including at minimum an itemized description of services provided by the COUNTY(e.g., breakdown of all services rendered, hours worked and travel time by service location, labor type,and a breakdown of all goods provided/billed by the County). The COUNTY shall maintain documentation of all services requested by the DISTRICT and work performed by the COUNTY under this Agreement as detailed in "Exhibit A-Scope of Work and Services Provided by County Communications to Midpeninsula Regional Open Space District." Documentation will include, but not be limited to, Radio System related engineering designs, quotations, FCC licensing, installation,preventative maintenance, and repair services. The COUNTY shall also maintain, and provide the DISTRICT with a copy of,current as-built drawings for the DISTRICT's new Radio System,including its two major components the Microwave Network and Simulcast System,that operates within San Mateo and Santa Clara Counties(see Exhibit C). 6. The DISTRICT has the right to inspect COUNTY documentation upon request. Billing Questions: Billing questions may be directed to Phyllis Yoneda,Senior Management Analyst, by telephone at (408)977-3208 or by email at Phvllis.yoneda@911.sccgov.org. 06/03/2011 12 Agreement for Services between County and Midpeninsula Regional Open Space District EXHIBIT C Proposed Radio Sy stem stem p y Microwave Network and Simulcast Radio Site Plan {r�s{ „ NEI 12 . ua-. Pisa Operated by SMCn A in S7St*"Morena LoLocateded in SMC (*Skaggs)Locoed In SW S+dCAAfWLocP (MuN#a sties) Mtn:h-S Dispatch- ktC. Relish Operated by$=a .. 8taek Mtn, 2M Carat Drive Located to WC Pem Site Operated by SCCo `�. "=Wave '...', (E cow scco Coyotes Peak Located in SCC Tomita Located in SCC (wt uwwnhwn) Legend Towarsite—No TbAwSke—Planned Repealer;Planned Rspuitws Site MACRO MROSD Tower Sites $CC and SMC indicate Owed$Location Seca and SMCo ptdtaab Cc"Operated ;-%r, r+w-sue,sac - - 0.a—t CA9M12 Site Connectivity Plan A-2a —Eidating.Sent.clays C6,o*PCCo)Link 'syarae-saw.. . Existing Son Mateo County tSMCo)Link gatw.A"e 2Z 2010 t.W A Pyupoued now MROSO Lk* Ct7K. .uY t.1 x 1 OF 1 O:\Radio System improvement Project\Agreement with Santa Clara County-Radio Improvement and Maintenance\8. Draft Agreement Santa Clara County-Radio Project-Update 10-28-2010.doc 06/03/2011 13 Agreement for Services between County and N idpeninsula Regional Open Space District EXHIBIT D DISTRICT'S Proposed New Two-Way Radio System & Existing Legacy Radio Communication System Equipment Information by Site Equipment by Category and Type SCCo 2700 Slack Mtn Tomita Coyote Pk Skeggs Ralph Rise Spares Total Proposed New Two-Way Radio System infrastructure Prime/MW Radio/MW Radio/MW Radio-Only Radio/MW MW-Oniy Radio-Only Qty. Motorola and Related products Ctuantars(High Power,VHF,5 ectratac Option,P25 capable) 1 1 1 1 1 1 6 D5M Cards 2 1 1 1 1 1 1 8 Crystal Filters 1 1 1 1 1 5 Duplexers 1 1 1 1 1 5 CSCl Card and Card Cage 1 1 8 Channel Digitrac Comparator 1 1 VHF Antennas VHF Antennas,Rack,Cables and Connectors 1 1 1 1 1 5 Power Sup fyEquipment 48 vdc Rack Mounted Power System 1 1 1 1 1 3 1 6 Trait Equipment-Synchronization Model 910ODC Modular Frequency Time System 1 1 1 1 1 1 6 Microwave-Harris '......... Antenna dish),Cable Convectors,Hangers 2 3 1 1 1 8 Microwave Radios,Racks,Loop Switches,Misc. 2 3 1 1 i 1 1 8 Multiplexer-Zhone/Premisys PSID (MACS 600 Chassis 991630 with two(2)Power Supplies 1 1 1 1 1 1 1 6 CPU Card 880370/CPU Firmware 60603(2 per chassis) 2 2 2 2 2 2 1 12 Interface Card 892260/8 T1/F1 Ports 1 1 1 1 1 1 1 7 SRU Card$2206010 port RS232C V.24 1 1 1 1 1 1 6 WAN Card$01070,Dual Tl/El 3 1 1 1 1 1 1 9 ''... WAN Card 801470,Dual T1/E1 w/relay 1 1 1 1 1 1 1 6 Existing VHF Radio Equipment Infrastructure WNVC239 NA NA Transmit frequency 151.235 x x x x x '..... Receive Frequency 159.255 x x x x x VHFAntenna,Cable with Connectors(installed) 1 1 1 1 1 5 Repeater(instaikd) ''........ GE Master Y 1 1 2 Kenwood TK-750 1 1 MTR 2000 1 i 2 Rack Mounted Dupleuw 1 1 1 1 1 5 Repeater Tone Panel(Typically TP-1S4) 1 1 1 1 1 5 Cabinet/Rack Usting MROSD Cabinet(Typically 48"high) 3 Facility Provided Rack 1 i 2 New Rack requirements(rack quanity depends an microwave equipment model) 2 Racks 3-4 Racks 2-3 Racks 2 Racks 2-3 Racks 1-2 Racks 2 Racks NA TBD 06/03/2011 14 Agreement for Services between County and Midpeninsula Regional Open Space District Ik Midpeninsula Regional 'LEUdLqU I Open Space District r � To: Board of Directors From: Stephen E. Abbors Date: June 3, 2011 Re: FYIs egional Opepn Space(Dist rict Memorandum DATE: June 8,2011 MEMO TO: Board of Directors THROUGH: Steve Abbors,General Manager FROM: David Sanguinetti,Operations Manager SUBJECT: FYI-Dog Waste on District Lands In early 2010,I was notified by the San Mateo County Director of Environmental Health of their concern about dog waste being left in District Preserves. In November of 2010,after researching the Health Department requests and requirements I advised District Management and the Board of Directors that the Operations Department would q g p P implement a requirement that dog walkers"bag dog waste and take waste with you'at the El Sereno,Fremont Older,Pul as Ridge,St.Joseph Hill,and Wind Hill reserves. g g P Y P The dog waste requirement has now been in effect at the four preserves for approximately six months. Although field staff have experienced visitors leaving bagged waste in parking lots(which field staff pickup and remove, similar to any waste left by visitors),the problem as described by the Environmental Health Department has improved significantly. Therefore,I am expanding the program to the five remaining preserves that permit dog use: Coal Creek,Foothills,Long Ridge,the Kennedy-Limekiln Area of Sierra Azul,and Thornwood. In the future, when a new location is opened to dog use,the Operations Department will recommend that the"bag dog waste and take waste with you'regulation be implemented,so that the District maintains control of this issue and does not find itself in a similar position with the Environmental Health Department. The following measures will be implemented to inform dog owners of the dog waste removal requirement and facilitate enforcement by District rangers: I 1. Notify staff,volunteers and the public of this change through the District Web Site,e-mail,District Newsletter, and by updating all dog literature and maps. 2. Post and enforce the District Regulation requiring dog waste removal from District preserves as it can pose a health hazard and is considered a public nuisance as covered under MROSD Regulation 701.5,Removal of Animal Excrement. 3. Continue the practice of not providing waste cans,which has been a District practice for over 39 years. This has served the District well by keeping costs down and educating users of their environment responsibility. Staff will begin signing and enforcing the"bag dog waste and take waste with you'rule for the remaining dog use preserves over the next couple of weeks. I Midpeninsula Regional ' Open Space District r j To: Board of Directors From: Stephen E. Abbors Date: June 8, 2011 Re: Late FYIs i Mdennsua gio 0 'P ern S 'ace iDist ictnal Memorandum p Date: June 7, 2011 Memo To: Board of Directors Through: Stephen E. Abhors, General Manager From: David Sanguinetti, Operations Manager Subject: FYI; Prospect Road Agreement at Fremont Older Open Space Preserve I wanted to take this opportunity to cover some issues that arose at the recent Prospect Road Committee Meeting, which the District participates in with the Harris' (private residence at the end of Prospect Road), the Levine's (Fremont Older House and Adobe Pool House), and Ms. Houston(private residence in-between the Employee Residence and the Adobe Pool House). A Road Maintenance Agreement was developed and signed by all of the property owners on the private section of Prospect Road in September of 1994, requiring a Road Committee to meet annually and develop projects to maintain the road by financing them proportionally between the four parties. The breakdown is as follows: MROSD=4/8, Levine= 2/8, Houston=1/8, and Harris=l/8. Recently, it was brought to the District's attention that a Road Committee meeting had not been scheduled in several years and there were areas of concern with the road that were in need of address. Area Superintendent Michael Newburn the District's representative called a meeting last fall in which the following_transpired: - The Road Committee walked the entire road and agreed maintenance was needed. - Since it was coming into the winter season, it was decided work would need to be completed in the spring. - The group also looked at the overhead clearance of the road. Ms. Houston stated the trees were overhanging to low and causing her access to be compromised. Both Mr. Levine and Mr. Harris stated the trees were fine and did not see the need to cut them down. Area Superintendent Newburn advised the road was being maintained at a 12 foot overhead clearance height by the District. - Area Superintendent Newburn had a road contractor come out to look at the road work needed and received a preliminary cost estimate. - Both Ms. Houston and Mr. Levine also had road contractors out after the fall meeting developing bids on road work. r A second road meeting was held in May of 2011, where the following was discussed: - The Road Committee needed to agree on the scope of work so they could get three contractors to bid on the same scope of work. - Ms. Houston did not want to agree to pay for any work occurring above her driveway, therefore no scope of work could be agreed upon. - Ms. Houston also stated in the meeting that she wanted to renegotiate the road agreement, specifically reducing her cost sharing amount. The Harris', Levine's, and the District want to repair the entire road or repair sections starting with the worst areas first according to the existing agreement of shared cost. After the meeting Ms. Houston sent an email to Superintendent Newburn stating she wants the road cleared of overhead to Santa Clara County Road Department standards of 16 feet from the beginning of the private section of Prospect Road Lip to her driveway. Area Superintendent Newburn contacted the City of Saratoga's Streets Department where they stated their overhead road clearance is 12 feet. Since the public section of Prospect Road is within the City Limits of Saratoga the standard overhead height is 12 feet. In addition, Area Superintendent Newburn contacted the Santa Clara County Roads Department about the situation. They stated their overhead road clearance standard is 16 feet, but since the section of concern is not a"Public County Road"their standards would not apply. Currently, all work is on hold because the four parties cannot agree. Ms. Houston has advised the District she wishes to speak before the District Board of Directors during the Public Comment portion of a Board Meeting. Response 5: See Response 2 regarding the history of the severe landform degradation that occurred prior to District ownership of the property. Comment 6: "What mechanisms does the District have in place—as field assessment of trail conditions, recording assessment,and translating the record into effective management of the District trail network— such that conditions as those extant of the Manzanita Trail do not occur?" Response 6: The District has an on-call Certified Engineering Geologist under contract to assist District staff with developing solutions to road and trail issues. Prioritization of road and trail repairs is based on the relative threat to the natural resources,and is made in consultation with expert staff trained in sediment control,trail construction,and landform restoration,and oftentimes with third-party professional confirmation. In addition,District field staff evaluates all trails at least annually,and routine maintenance and improvement needs that do not require permitting or contracting are prioritized by field supervisors. Repair projects that require permits are prioritized by Planning staff and added to annual Action Plans accordingly. The District thanks you for your continued interest in El Corte de Madera Creek Open Space Preserve,and for highlighting the importance of watershed protection. We hope these responses address your questions about management and maintenance of District trails at this Preserve. Sincerely, Larry Hassett,Board President Midpeninsula Regional Open Space District LH:mmm cc: MROSD Board of Directors 3 GENERAL MANAGER Regional Stephen F.Abbors OpenSpace I Midpeninsula Regional Open Space District BOARD OF DIRECTORS Pete Siemens Yoriko Kishimoto Jed Cyr Curt Riffle Nonette Hanko Larry Hassett Cecily Harris Robert Zatkin PO Box 139 San Carlos,CA 94070 E-Mail Address:rzatkink,gmail.com June 8,2011 RE: Response to comments on El Corte de Madera Creek Open Space Preserve Dear Mr.Zatkin, Thank you for your correspondence of April 18,2011.District staff who have a thorough,technical and on- the-ground understanding of the ongoing Watershed Protection Program(V*TP)at El Corte de Madera Creek Open Space Preserve have reviewed your comments and concerns,and have developed the following responses to your bulleted items regarding the Manzanita Trail: Comment 1: "Repeat visits to the trail followed from my discovery that a significant portion of the trail is severely degraded by mountain bikes. In the affected areas the trail has been obliterated—replaced by broad zones devoid of trail tread.These zones are comprised of exposed expanses of fractured bedrock which is disaggregating into sediment ranging in size from sand grains to boulders." Response 1: The cumulative causes of surface degradation are complex and have occurred over an extended period of time. Prior to District ownership of the property,the land to which you refer in your letter,had been the site of prior timber operations and was heavily impacted with associated logging roads and skid roads. Many of these legacy logging roads,including the Manzanita Trail,followed ridgelines or creek drainages, and were constructed using heavy equipment such as bulldozers. These past practices,combined with naturally-occurring thin soils,are the original causes for the loss of topsoil and vegetation in the Preserve. Following logging activities,the area was used as a motorized motorcycle recreation area,which exacerbated the loss of topsoil and vegetation. As such,the severe landforin degradation that remains visible in the Preserve occurred prior to modem mountain bicycle use.Comparably,at a si-mlificantly smaller scale, mooing recreational uses,which at El Corte de Madera Creek is primarily mountain bicycling,4ecan be reasonably assumed to contribute to the erosion and sediment issue at the Preserve. The District has been working to systematically remedy impacted site conditions that have resulted from prior land uses and reduce impacts from all ongoing recreational uses. The worst sections of the old Manzanita trail were rerouted, including the top portion of the trail,which now experiences very little erosion. To date,nearly 14 miles of road have been upgraded in the Preserve,including drainage improvements,road-to-trail conversion,fill removal from stream channels,road surface rocking,and culvert removal and replacement with clear-span bridges.These improvements address the potential for future sediment delivery to the watershed and result in upgr aded roads and trails that better support recreational uses over the long term. 330 Distel Circle Los Altos,CA 94022 1 P6So.692.1.200 I F6so,691.048S I wwwopenspace,org t� IComment 2: "...lowered on the order of several feet relative to the adjacent forest floor" Response 2: The"through-cut"shape of the Manzanita Trail(a surface lowered relative to surrounding topography)was caused by bulldozers as part of past timber harvesting activities.Techniques for correcting ridgeline skid trails underlain by naturally thin soils involve importing fill and topsoil and reshaping the ridgeline into a"crowned"surface.This technique of reshaping the landscape is the ideal solution,and staff performs landform restoration at every opportunity,where appropriate,however,experience has shown that this technique has limited success on steep slopes with exposed bedrock, such as portions of the Manzanita Trail. Fill must be imported and placed on hard bedrock to recreate the ridgeline. Even if this fill is covered with erosion netting and seeded with native grass,it is very difficult to retain onsite because the bedrock does not provide a good anchor(even if ripped with bulldozer rippers)and is prone to moving downslope.This is an expensive fix with limited success. Given the low threat of sedimentation to the aquatic environment from these exposed bedrock sections of the Manzanita Trail,and limited District resources,large scale efforts and trail upgrades have been directed at priority areas having increased potential for sediment delivery. District field staff recently completed maintenance activities on the Manazanita Trail per the recommendations in the 2002 Road and Trail Erosion Inventory by Timothy C.Best,CEG.-Where feasible, staff implemented a practical and effective solution to reduce the potential for concentrated runoff to carry soil particles. This solution involved breaking up the edges of existing through-cuts to allow runoff to exit the skid road often by also installing rolling dips at an appropriate spacing,and at a scale large enough to handle big storm events without failure. Although the Manazanita Trail is not a significant contributor to sediment in the watershed,routine maintenance is essential to ensure that the trail remains sustainable in the long term. Comment 3: "...lacks chaparral vegetation and soil beyond the width of the former trail tread." Response 3: The Manzanita Trail alignment was originally constructed as a road width logging skid road. The portions of the Manzanita Trail that have not been rerouted follow original road width logging road cuts. Comment 4: "...is clearly due largely to mountain bikes as the degraded zone is veneered with the imprint of bicycle tires, and outcrops of bedrock are veneered with the skid marks of bicycle tires." Response 4: Rubber mountain bicycle tire treads are indeed visible on the former logging skid road(now trail),which is open to mountain bicycle use.The visible signature of eroding sandstone bedrock has an uneven surface,and is grooved and carved by rain,runoff,and also bicyclists,who make up the majority of the recreational use at the Preserve and to a less extent,—hikers;and equestrians_,w" ^'' is net-® a ^^'y aesthotieall y pl easi*g T44s-The Manzanita Ttrail received a low priority for sediment delivery in the 2002 Road and Trail Erosion Inventory. because that-sediment from this particular trail has a low likelihood of i-,reaching the aquatic environment.The WPP focuses on higher priority trails given their proximity to the aquatic environment, likelihood of sediment delivery,and related concerns regarding habitat protection for aquatic organisms. Nonetheless, visible sig is of erosion are not aesthetically pleasing and do not reflect the izoals,value and trail standards that the District holds,which is why the District-tl} ficA performs routine maintenance on all trails,including the Manzanita Trail,regardless of its 4hese care-a low-priority for sediment delivery to address trail use impacts and for long term trail sustainability. Routine maintenance includes installation or re-grading of existing rolling dips,road crowning,and other common drainage improvements. Comment 5: "Where—in the context of field presence and state of consciousness—was the District field staff as degradation of the Manzanita Trail was occurring?" i 2