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HomeMy Public PortalAbout20130213 - Agenda Packet - Board of Directors (BOD) - 13-05 Midpeninsula Regional Open Space District Meeting 13-05 REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle,Los Altos,CA 94022 Wednesday, February 13,2013 REGULAR MEETING BEGINS AT 5:00 P.m.* AGENDA 5:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT— CLOSED SESSION ROLL CALL I CLOSED SESSION: PUBLIC EMPLOYEE PERFORMANCE EVALUATION--Government Code§54957 (b)(1) Title of Employees:General Counsel 2. CONFERENCE WITH LEGAL COUNSEL—(Government Code section 54956.9(b) Significant exposure to litigation—Two matters:one regarding the Alma Water Supply,and one regarding the El Corte de Madera Parking Lot Drainage. 3. CLOSED SESSION: PUBLIC EMPLOYEE PERFORMANCE EVALUATION--Government Code§54957 (b)(1) Title of Employees: General Manager 7:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT— OPEN SESSION REPORT ON RETURN FROM CLOSED SESSION(IF NECESSARY)(The Board shall publicly state any reportable action taken in Closed Session pursuant to Government Code Section 54957.1) ORAL COMMUNICATIONS—PUBLIC ADOPTION OF AGENDA 7:05 CONSENT CALENDAR I. Approve Minutes of the Special and Regular Board Meetings—January 9,2013 and January 23,2013 2. Approve Revised Claims Report 3. Approve Written Communications—R.Fry 7:20 BOARD BUSINESS 4. Review and Approval of Amendments to the Board of Director's Rules of Procedures—M. Radcliffe 5. Award of Contract to Peckham&McKenney for Executive Recruitment Services for the Assistant General Manager and Public Affairs Manager Positions—C.Basnight 6. Approval of a Lease for Office Space at 4984 El Camino Real, Suite 115,Los Altos with Wellington Park Investors,and; Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act—A. Ishibashi 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 President will invite public comment on agenda items at the time each item is considered by the Board of Directory. 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. 1,Michelle Radcliffe,District Clerk for the Midpeninsula Regional Open Space District(MROSD),declare that the foregoing agenda for the Regular Meeting of the MROSD Board of Directors was posted and available for review on February 8,2013,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 8'day of February,at Los Altos,California. M W;='k=CX 049:We District Clerk February 8,2013 ' Claims No. 13-03 � K8emUn0 13-05 � Dote 2/13M3 Midpeninsula Regional Open Space District # Amount Name Description 19347 $27.759.35 ^1 TKO General Engineering& CunstructionSonxcwnFovECDMGtagingmna-Emorgenqy � Construction Repair Work 18348 $23.771.40 ^3 TKO General Engineering& Final netainoqe Release-Construction Services For ECoM Construction Staging Area&Connector Trail � 1e349 *23.771.40 ^u TKO General Engineering& mao/naQe Release-Construction Services For eCoMStaging � Construction Area&Connector Trail � 19350 $21.852.68 Shute,Mihaly&Weinberger LLp Legal Services-Reclamation Plan Review Support For Lehigh � Quarry 19351 $21.470.19 ^4 Jodi McGraw Consulting Technical Consultant For Vision Plan � 19352 $16.192.00 Wellington Park Investors Security Deposit&pinmMontnRent-xQOffiueGpmueLoeae � 19353 *12.360o0 Ascent Environmental CEq*/mEeA Document Preparation&Support For Mt. Vmunxum Site Planning � 1935* $8.429.00 w1 HatxawayDin,wdu|e Sealing 0f Structures-Hawthorn Property 19355 $8.379.00 Shute,Mihaly&Weinberger LLp Assistant General Counsel Consultant Services 1e35e *7.420.00 viun,+voousocovnsu|tonto Noise Studies/«eCoM&punsima Creek Redwoods 19357 $6.37426 Sunnyvale Ford Vehicle Maintenance&Ropois 13358 *6.115.00 Palo Alto Plumbing Heating And Air Heater Repair&Duct Work'Rental Residence 1e3e9 $5,300.39 ~a mo Constructors&Engineers Bridge Assessments po Various Preserves 19360 $*.63V21 Hertz Equipment Rental Equipment Rental'Roller For Road Work/u RSA uFremont � Older/Truck Rental For Driveway Repairs^x Rental Residences 1e361 $4.42e,4e xccvvn^empo Accounting Temps 19362 $4.205.31 # Art Hall Bee Consultant Bee Hive Removal Services-Hawthorn Property � 1e3e3 $*.uos.os The Sign Shop Skyline Sign Board Frames/Quiet Zone&Airline Frequency Signs For RSA/Road Signs For Construction Site At Mt. Umvnxvm/Signs For The Christmas Tree Farm � 1936* $4.17e.e4 pomons Media Group Printing Services'South Skyline Brochures 19385 $4.000D0 Eoo|ug|ce|Concerns Installation Of Redwood Gmponga.o,|Water ruboo.Mv/nx& ! Cages po The sCmM Staging Area 19366 13.190�00 The Creative Group Temporary Media Communication Gpede|hn 19367 $3,060.00 The Bank cn New York Mellon wmepavmoxuuntFeau-oournenunuinown^ms 19368 *u.ryuso Sv,s Mobile Service Vehicle Maintenance uRepairs 19369 $2.078.97 West Payment Center Monthly Information Charges&Subscription 19370 $2.587.50 Ba|uncnVvdm|muina Peer Review Civil Engineering Services-ECoM Staging Area 1e371 $2,500.00 Aminuo Strategic Environmental Phase|Environmental Assessment OfLvbou,Trust Property 1e372 $o.nr*.ou Aaron's Septic Tank Service Pumping Services-RSA,FFou Rental Residences 19373 $2.250.00 Grossman Design Group ConvumngSemimns-Prepare Mt. Umunxum Demolition Contract Documents 19374 $2.187J8 Fomono| Supplies For FFO Shop/Field Supplies For Various Preserves 19375 *1.980.65 Simms Plumbing&Water Equipment Relocate Uv Filter System&Plumbing Repairs-Rental Residence/Plumbing Repairs'ro|gerHouse 19376 $1.e42.68 CMmAutommiwp Vehicle Maintenance uRepairs 193/7 $1.614.75 The Workingman's Emporium Uniform Expenses 19378 $1.*13.e1 Metro Mobile Communications Installation cn Radio For New Patrol Truck/Radio Repair/uSpo 19379 *1.403.37 Office Depot Off ice Supplies/Copy Paper/Document Holder/Map Storage Tubes/Labels/Binders/Security Case/Planners/Envelopes / Laminating Pouches/Receipt Books/Calendars 19380 $1.32271 Gonuon|onu Power Equipment Service Kits&Parts For Pole Pruners/Wedges For Pump Hoses /Parts For Comm"aw 13381 $1.291.00 Design Concepts Graphic Design Services'Winter Newsletter 19382 $1.203.00 Ge»va|nConnt,wmion Window Replacement'Rental Residence 19383 $1.202.77 Golden Gate Truck Center Maintenance Truck Repair 19384 $1.200.00 # Woodside wuuu|mPatrol Patrol Services'Hawthorn Property 18385 $1.172�00 Communication&Control Radio Repeater Site Rent'TnmUaHill Page 1m* � Claims No. 13-03 Meeting 13-05 Date 2/13/13 Midpeninsula Regional Open Space District # Amount Name Description 19386 $1,167.39 Big Creek Lumber Lumber For Red Barn Fence At La Honda Creek/Split Rail Lumber For Fences At Various Preserves 19387 $1,130.84 Powerland Equipment Parts For Tractor Repairs 19388 $1,099.43 Orchard Supply Hardware Field Supplies/Dust masks/Paint For Los Trancos Gate Project /Shop Supplies For FFO&SFO/Supplies For AO Parking Lot Restripe/Supplies For Generator Installation At SFO/Floor Adhesive For SFO/Supplies For DHF/Concrete For SFO Stock 19389 $1,027,94 Callander Associates Landscape Landscape Architectural Services-Ravenswood Bay Trail Project Architecture 19390 $918.79 Cupertino Union School District Reimbursement For Participation In the Transportation Assistance Program For Field Trip To Skyline Ridge 19391 $911.25 Normal Data Consultant Services-Permits Database 19392 $895.89 Grand Prix ATV Maintenance&Service/Wax For Chain Saws/Tire Pressure Gauges 19393 $866.18 *6 Barresi,Chris Reimbursement-Air Quality Monitoring At RSA 19394 $859.64 Stevens Creek Quarry Base Rock For Mora Road Work,Equestrian Lot Work At RSA, Road Work At Fremont Older&FFO Stock 19395 $840.00 *7 Go Native Slender False Brome Treatment 19396 $747.98 To le David Reimbursement-California Association Of Purchasing& Procurement Officers Conference 19397 $713.00 M.T. Metal Fabrication Sign Board Supplies For Mindego Staging Area 19398 $701.74 Bruce Barton Pump Service Repair Pressure Pump At SAO 19399 $627.67 Pine Cone Lumber FFO Supplies-Pressure Treated Fence Posts 19400 $550.46 United Site Services Sanitation Services-Fremont Older&Sierra Azul 19401 $530.83 Sears SFO Shop Supplies 19402 $525.00 Geocon Consultants Hicks Flat Mercury Remediation Plan&Construction Oversight 19403 $522.33 Costco Break Room&Office Supplies-SFO 19404 $466.00 Shelton Roofing Company Downspout Repair-Rental Residence 19405 $447.00 # Matrix Pest Control Services-Hawthorn Property 19406 $441.83 Priority 1 Public Safety Equipment Lights For Crew Trucks/Replacement Flashers For Maintenance Trucks 19407 $408.01 Peterson Trucks Vehicle Maintenance&Repairs 19408 $400.00 American Red Cross Medical First Responder Training 19409 $379.23 Recology South Bay Dumpster Service-RSA 19410 $367,18 Chung,Jean Reimbursement-Mileage 19411 $339.62 Waste Management Of Guadalupe Disposal Of Treated Wood From Various Preserves Disposal Company 19412 $326.50 Hoge, Fenton,Jones&Appel Legal Services-Chiocchi Litigation 19413 $3%80 Wemorph Printing Services-Shift Change Forms 19414 $311.35 Berkman,Craig Reimbursement-Uniform Expenses&First Aid Pouch 19415 $293.29 Highway Technologies Stencils For Painting Parking Stall Lettering 19416 $281.15 *8 Claire Moore Reimbursement-Air Quality Monitoring At RSA 19417 $274.78 Sterzl,Owen Reimbursement-GPS Units For AO Vehicles I Digital Certificate For Identity Validation For District Email 19418 $261.25 Geocon Consultants Environmental&Geotechnical Consulting Services For Mindego Ranch Landfill 19419 $250.00 Sterling Underground Construction Monitor&Service Septic System-RSA 19420 $250.00 Cal EMA Hazardous Material.First Responder Training 19421 $234.26 # United Site Services Sanitation Services For Crew Doing Work At The Hawthorn Property 19422 $226.94 Cal-Line Equipment Parts For Chipper 19423 $223.92 Pearson Buick GMC Maintenance Truck Supplies 19424 $217.70 Del Rey Building Maintenance Janitorial Supplies-AO 19425 $217.24 Consolidated Electrical Distributors Supplies For Backup Generator At SFO Page 2 of 4 Claims No. 13-03 Meeting 13-05 Date 2/13/13 Midpeninsula Regional Open Space District # Amount Name Description 19426 $215.94 G&K Services Shop Towel Service-SFO&FFO 19427 $198.33 Interstate Traffic Control Products Six Sign Posts For Ravenswood 19428 $198.00 Ergovera Ergonomic Evaluation&Report 19429 $189.24 California Water Service Company Water Service-Windy Hill&AD 19430 $187.90 Cabala's Uniform Expenses 19431 $187.00 Rich Voss Trucking Trucking Services-Rock Delivery To Equestrain Lot At RSA 19432 $171.07 Fed Ex Shipping Charges 19433 $165.00 Lund, Pearson,McLaughlin Fire Sprinkler Quarterly Inspection-AD Protection Systems 19434 $150.00 Terminix Pest Control Services-Rental Residence 19435 $130.00 Old Republic Title Company Title&Escrow Fees For Lobner Property 19436 $122.47 Barron Park Supply Valve Replacement For Fire Pumper 19437 $117.94 Ishibashi,Allen Reimbursement-Mileage/Santa Clara County Copy Fees For Plans&Soil Reports For Alma Water Line At Bear Creek Redwoods 19438 $113.29 Grainger Pest Control Supplies For FFO 19439 $111.43 Downing,Brendan Reimbursement-Cell Phone 19440 $109.00 Coastal Sierra Internet Service-SFO 19441 $101.05 Servicewear Apparel Uniform Expenses 19442 $98.51 Staples Credit Plan Breakroorn Supplies 19443 $98.07 Half Moon Bay Building&Garden Drain Rock For Toto Ranch Supply 19444 $97.71 Arranged 4 Comfort Ergonomic Equipment 19445 $90.59 Peterson Tractor Tractor Supplies-Coolant 19446 $89.99 Firestone Complete Auto Care Vehicle Maintenance&Repairs 19447 $89.04 Foster Brothers Lock Service&Repair-FFO 19448 $76.10 State Board Of Equalization Diesel Fuel Tax 19449 $60.63 Protection One Fire Inspection&Monitoring-AO 19450 $60.00 Sanguinetti,David Reimbursement-Cell Phone 19451 $50.00 *9 Santa Clara County Clerk Recorder Notice Of Exemption-Lobner Trust Property 19452 $44.16 Department Of Motor Vehicles Vehicle Code Reference Books 19453 $38.72 Bridge Wireless Earphone Kit For Radio 19454 $37.50 Baillie,Gordon Reimbursement-Park Rangers Association Of California Membership Dues 19455 $20.29 Gibson,Teresa Reimbursement-Mileage 19456 $19.20 United Parcel Service Parcel Shipping 19457 $4.30 Los Altos Hardware Part For Excavator Repair Page 3 of 4 Claims No. 13-03 Meeting 13-05 Date 2/13/13 Midpeninsula Regional Open Space District # Amount Name Description Total $278,943.77 '1 Urgent check issued 2/5/13 '3 Urgent check issued 1/30/13 '2 Urgent check issued 1/29/13 *4 Urgent check issued 1/30/13 *5 Urgent check issued 1/30/13 `6 Urgent check issued 1/31/13 *7 Urgent check issued 2/7/13 "8 Urgent check issued 1/31/13 "9 Urgent check issued 2/6/13 # Hawthorn expenses #1 Hawthorn expense and urgent check issued 1/2/13 Page 4 of 4 � ~ | Claims No. 13-03 / Meeting 13'05 Date 2/13/13 Revised Midpeninsula Regional Open Space District � # Amount Name Description � � 193*7 $27.759,95 ^1 TKO General Engineering& Construction Services For ECDM Staging Area-Emergency Construction Repair Work 193*8 $23.771*0 ^2 TKO General Engineering& Final metamage Release-Construction Services For sCoM � Construction Staging Area&Connector Trail � 19349 $23.771.40 ^3 TKO General Engineering& Retuinoge Release'Construction Services For ECDM Staging � Construction Area&Connector Trail � 19350 $21.852.68 Shute,Mihaly&Weinbon@e/LLP Legal Services-Reclamation Plan Review Support For Lehigh Quarry � 19351 $21.470�19 ~4 Jodi McGraw Consulting Technical Consultant For Vision Plan 19352 $18.192.00 Wellington Pa*Investors Security Deposit&First Month Rent'AO Office Space Lease � 18353 *12.380.00 Ascent Environmental CEQ«/NEpA Document Preparation&Support For Mt. Vmunxvm Site Planning � 19354 $8.429�00 #1 oothowoyDinvwudie SeonngOfStmctumm-navmhom Property 19355 $8.379.00 Ghuoo.Mihaly&Weinberger LLp Assistant General Counsel Consultant Services � 19356 *7.420.00 VihmfcoumuuConounonts Noise Studies/tsCDM&pvhoimo Creek Redwoods � 1e357 $*.374.26 Sunnyvale Ford Vehicle Maintenance&Repairs 19358 $8.115.00 Palo Alto Plumbing Heating And Air Heater Repair&Duct Work-Rental Residence � � 1935e $u.00noy ~o MG Constructors aEngineers Bridge Assessments/w Various Preserves 19350 $4.638,21 Hertz Equipment Rental Equipment Rental-Roller For Road Work At RSA&Fremont � Older/Truck Rental For Driveway Repairs pu Rental Residences � 19361 $4.426.49 Aznounvempo Accounting Temps 19362 $4.205.31 # Art Hall Bee Consultant Bee Hive Removal Services'Hawthorn Property � 19363 $4.205.08 The Sign Gopp Skyline Sign Board Frames/Quiet Zone&Airline Frequency Signs For RSA/Road Signs For Construction Site*xMt. umunhum/GiVnn For The Christmas Tree Form � � 19384 $4.178.94 potmnno Media Group Printing Services'South Skyline Brochures 19305 $4oVVVV Ecological |nx�ane«ivn��RemwomgSapnngo��nvvays,Tvbea.�"|cx&. � � Cages AuThe ECDM Staging Area 19388 $3.1eo00 The Creative Group Temporary Media Communication Specialist � 18367 $x.o*oon The Bank O,New York Mellon Note Paying Agent Fees'2OV7 Refunding Notes � 19368 *2.7e2.52 Go,s Mobile Service Vehicle Maintenance&Repairs � 18369 $2.878.97 West Payment Center Monthly Information Charges&Subscription � 19370 *2.587.50 Ba|onceHydm|og|ps ponrReviewOvi|Enginue,inOSrmives-ECDM Staging Area � 19371 $2.500.00 Aminuo Strategic Environmental Phase Environmental Assessment CfLnbnn,Trust Property � 19372 $2,375.00 Aaron's Septic Tank Service Pumping Services-RSA, FrOu Rental Residences � 19373 $2.250.00 Grossman Design Group Consulting Services-Pnopmm Mt.Umunoum Demolition Contract � Documents � 19374 *2.187.78 rastenw| Supplies For FrO Shop/Field Supplies For Various Preserves � 19375 $1.980.05 Simms Plumbing&Water Equipment Relocate Vv Filter System&Plumbing Repairs'Rental � Residence/Plumbing Repairs'Fo|or,House � 19578 $1.642.68 CMn*ummmiwa Vehicle Maintenance&Repairs � 19377 $1.614.75 The Workingman's Emporium Uniform Expenses 19378 $1.*1191 Metro Mobile Communications Installation O,Radio For New Patrol Truck/Radio Repair px8FO 18379 *1.*03,37 Office Depot Office Supplies/Copy Paper/Document Holder/Map Storage � Tubes/Labels/Binders/Security Case/Planners/Envelopes / � Laminating Pouches/Receipt Books/Calendars � 19380 $1.322.71 Gamen|anu Power Equipment Service Kits&Parts For Pole Pruners/Wedges For Pump Hoses � /pans Fn'Cxomsuw � 19381 *1.291�00 Design Concepts Graphic Design Services'Winter Newsletter � � 19302 $1.208.00 Gmxm|sConotrumipn vwndwwRep|mcement-Remm|Roumenna 19388 *1.202.77 Golden Gate Truck Center Maintenance Truck Repair 19384 $1.200.00 # Woodside pnrto|aPatrol Patrol Services'Hawthorn Property 19385 $1.172D0 Communication&Control Radio Repeater Site Rent'Tomim^Hill Page,m^ � Claims No. 13-03 Meeting 13-05 Date 2/13/13 Revised Midpeninsula Regional Open Space District # Amount Name Description 19386 $1,167.39 Big Creek Lumber Lumber For Red Barn Fence At La Honda Creek/Split Rail Lumber For Fences At Various Preserves 19387 $1,130.84 Powerland Equipment Parts For Tractor Repairs 19388 $1,099.43 Orchard Supply Hardware Field Supplies/Dust masks/Paint For Los Trancos Gate Project /Shop Supplies For FFO&SFO/Supplies For AD Parking Lot Restripe/Supplies For Generator Installation At SFO/Floor Adhesive For SFO/Supplies For DHF/Concrete For SFO Stock 19389 $11,027.94 Callander Associates Landscape Landscape Architectural Services-Ravenswood Bay Trail Project Architecture 19390 $918.79 Cupertino Union School District Reimbursement For Participation In the Transportation Assistance Program For Field Trip To Skyline Ridge 19391 $911.25 Normal Data Consultant Services-Permits Database 19392 $895.89 Grand Prix ATV Maintenance&Service/Wax For Chain Saws/Tire Pressure Gauges 19393 $866.18 *6 Barresi,Chris Reimbursement-Air Quality Monitoring At RSA 19394 $859.64 Stevens Creek Quarry Base Rock For Mora Road Work,Equestrian Lot Work At RSA, Road Work At Fremont Older&FFO Stock 19395 $840.00 *7 Go Native Slender False Brome Treatment 19396 $747.98 Topley, David Reimbursement-California Association Of Purchasing& Procurement Officers Conference 19397 $713.00 M.T.Metal Fabrication Sign Board Supplies For Mindego Staging Area 19398 $701.74 Bruce Barton Pump Service Repair Pressure Pump At SAO 19399 $627.67 Pine Cone Lumber FFO Supplies-Pressure Treated Fence Posts 19400 $550.46 United Site Services Sanitation Services-Fremont Older&Sierra Azul 19401 $530.83 Sears SFO Shop Supplies 19402 $525.00 Geocon Consultants Hicks Flat Mercury Remediation Plan&Construction Oversight 19403 $522.33 Costco Break Room&Office Supplies-SFO 19404 $466.00 Shelton Roofing Company Downspout Repair-Rental Residence 19405 $447.00 # Matrix Pest Control Services-Hawthorn Property 19406 $441.83 Priority 1 Public Safety Equipment Lights For Crew Trucks/Replacement Flashers For Maintenance Trucks 19407 $408.01 Peterson Trucks Vehicle Maintenance&Repairs 19408 $400.00 American Red Cross Medical First Responder Training 19409 $379.23 Recology South Bay Dumpster Service-RSA 19410 $367.18 Chung,Jean Reimbursement-Mileage 19411 $339.62 Waste Management Of Guadalupe Disposal Of Treated Wood From Various Preserves Disposal Company 19412 $326.50 Hoge,Fenton,Jones&Appel Legal Services-Chiocchi Litigation 19413 $319.80 Wemorph Printing Services-Shift Change Forms 19414 $311.35 Beckman,Craig Reimbursement-Uniform Expenses&First Aid Pouch 19415 $293.29 Highway Technologies Stencils For Painting Parking Stall Lettering 19416 $281.15 *8 Claire Moore Reimbursement-Air Quality Monitoring At RSA 19417 $274.78 SterzI,Owen Reimbursement-GPS Units For AD Vehicles/Digital Certificate For Identity Validation For District Email 19418 $261.25 Geocon Consultants Environmental&Geotechnical Consulting Services For Mindego Ranch Landfill 19419 $250.00 Sterling Underground Construction Monitor&Service Septic System-RSA 19420 $250.00 Cal EMA Hazardous Material First Responder Training 19421 $234.26 # United Site Services Sanitation Services For Crew Doing Work At The Hawthorn Property 19422 $226.94 Cal-Line Equipment Parts For Chipper 19423 $22192 Pearson Buick GMC Maintenance Truck Supplies 19424 $217.70 Del Rey Building Maintenance Janitorial Supplies-AO 19425 $21714 Consolidated Electrical Distributors Supplies For Backup Generator At SFO Page 2 of 4 Claims No. 13-03 Meeting 13-05 Date 2/13/13 Revised Midpeninsula Regional Open Space District # Amount Name Description 19426 $215.94 G&K Services Shop Towel Service-SFO&FFO 19427 $198.33 Interstate Traffic Control Products Six Sign Posts For Ravenswood 19428 $198.00 Ergovera Ergonomic Evaluation&Report 19429 $189.24 California Water Service Company Water Service-Windy Hill&AO 19430 $187.90 Cabala's Uniform Expenses 19431 $187.00 Rich Voss Trucking Trucking Services-Rock Delivery To Equestrain Lot At RSA 19432 $171.07 FedEx Shipping Charges 19433 $165,00 Lund, Pearson, McLaughlin Fire Sprinkler Quarterly Inspection-AO Protection Systems 19434 $150.00 Terminix Pest Control Services-Rental Residence 19435 $130.00 Old Republic Title Company Title&Escrow Fees For Lobner Property 19436 $122.47 Barron Park Supply Valve Replacement For Fire Pumper 19437 $117.94 Ishibashi,Allen Reimbursement-Mileage/Santa Clara County Copy Fees For Plans&Soil Reports For Alma Water Line At Bear Creek Redwoods 19438 $113.29 Grainger Pest Control Supplies For FFO 19439 $111 A3 Downing, Brendan Reimbursement-Cell Phone 19440 $109.00 Coastal Sierra Internet Service-SFO 19441 $101.05 Servicewear Apparel Uniform Expenses 19442 $98.51 Staples Credit Plan Breakroom Supplies 19443 $98.07 Half Moon Bay Building&Garden Drain Rock For Toto Ranch Supply 19444 $97.71 Arranged 4 Comfort Ergonomic Equipment 19445 $90.59 Peterson Tractor Tractor Supplies-Coolant 19446 $89.99 Firestone Complete Auto Care Vehicle Maintenance&Repairs 19447 $89.04 Foster Brothers Lock Service&Repair-FFO 19448 $76.10 State Board Of Equalization Diesel Fuel Tax 19449 $60.63 Protection One Fire Inspection&Monitoring-AO 19450 $60.00 Sanguinetti, David Reimbursement-Cell Phone 19451 $50.00 *9 Santa Clara County Clerk Recorder Notice Of Exemption-Lobner Trust Property 19452 $44.16 Department Of Motor Vehicles Vehicle Code Reference Books 19453 $38.72 Bridge Wireless Earphone Kit For Radio 19454 $37.50 Baillie,Gordon Reimbursement-Park Rangers Association Of California Membership Dues 19455 $20.29 Gibson,Teresa Reimbursement-Mileage 19456 $19.20 United Parcel Service Parcel Shipping 19457 $4.30 Los Altos Hardware Part For Excavator Repair 19458 R $21,906.00 Paul Baumans Tree Service Tree Felling Project-Mt. Umunhum 19459 R $7,500.00 Bay Area Open Space Council Sponsorship Of Annual Bay Area Open Space Council Conference 19460 R $4,018.00 Balance Hydrologics Inc. Hydrologic Survey Work For The ECDM Staging Area Water Retention Basins 19461 R $1,712.67 San Mateo County Planning&Building Building Permit Fees-ECDM Creek Watershed Protection Division Program 19462 R $1,566.52 Shute,Mihaly&Weinberger Legal Services-Reclamation Plan Review Support For Lehigh Quarry 19463 R $1,000.00 Cal-Western Property Management Property Management For The Lobner Trust Property 19464 R $930.88 Craigs Plumbing Plumbing Repairs-Rental Residence 19465 R $860.15 Home Depot Field Supplies/Hose Replacement For Fire Pumper/Shop Supplies For SFO/Supplies For DHF/Office Supplies For SFO Supplies For Rental Residence 19466 R $701.22 Stevens Creek Quarry Rock For Fremont Older Road Work 19467 R $625.00 Simms Plumbing&Water Rental Residence-Water Softener Connection 19468 R $599.56 San Jose Water Company Water Service-RSA Page 3 of 4 Claims No. 13-03 Meeting 13-05 Date 2/13/13 Revised Midpeninsula Regional Open Space District # Amount Name Description 19469 R $531.33 Cal-Line Equipment Chipper Repairs&Service 19470 R $400.00 Conscious Creative Web Design&Development Services For Openspace.org 19471 R $386.05 TKO General Engineering& Fence Material For ECDM Staging Area Construction 19472 R $344.36 Tadco Supply Janitorial Supplies 19473 R $200.00 Beckman,Craig Reimbursement-Cell Phone 19474 R $148.14 Hsieh,Benny Reimbursement-Breakroom Supplies 19475 R $127.64 *10 State Board Of Equalization Fire Prevention Fee 19476 R $93.24 Allied Waste Services Garbage Service-Rental Residence 19477 R $91.90 California Water Service Company Water Service-Rental Residence 19478 R $70.24 West Valley Collection Garbage Service-SAO 19479 R $34.48 # California Water Service Company Water Service-Hawthorn Property 19480 R $27.16 Foster Brothers Keys For FFO Total $322,818.31 *1 Urgent check issued 2/5/13 *2 Urgent check issued 1/30/13 *3 Urgent check issued 1/29/13 *4 Urgent check issued 1/30/13 *5 Urgent check issued 1/30/13 *6 Urgent check issued 1/31/13 *7 Urgent check issued 2/7/13 *8 Urgent check issued 1/31/13 *9 Urgent check issued 216/13 *10 Urgent check issued 2/12/13 # Hawthorn expenses #1 Hawthorn expense and urgent check issued 1/2/13 Page 4 of 4 Midpeninsula Regional open Space District To: Board of Directors From: Stephen E. Abbors Date: February 12, 2013 Re: Written Communications j Michelle Radcliffe From: fryhouse@earthIink.net Sent: Tuesday, January 08, 2013 11:41 AM To: BOARD; Clerk; Vicky Gou; General Information Subject: 01/08/2013-fryhouse@earthlink.net-Contact Board First Name: rhoda Last Name: fry Email Address: fryhouse(a)earth link.net Ward/Location: cupertino Comments: RE-please approve agenda item 11 air quality monitoring Dear MROSD Board -Thanks for your plan to monitor air at Rancho San Antonio. It is unfortunate but necessary that MROSD monitor our air and thank you for moving forward with this. I hope that you can select a monitoring system that is appropriately located, measures the widest variety of pollutants, and reports on a daily basis. Air monitoring performed by BAAQMD has not achieved these objectives. Note that sometimes Lehigh is shut down, so providing average readings would be misleading. Another problem is that Lehigh uses limestone from various sources. The local limestone is very toxic, particularly in mercury. Lately, the company has been importing limestone from Canada, while this is better for our lungs now, the data we get will be better than actual (this should be taken into account-the local vs imported mix). In addition, the mercury content even in the local limestone has great variability-so this too must be taken into account. Separately, within the last couple of years, Lehigh had implemented pollution controls that affected both visible emissions and HCL. Sadly, these emission controls were removed. Perhaps they were put in place only to get better numbers for the HRA??? Upon asking BAAQMD what happened, the response was that these emission methods needed permitting by Santa Clara County and that the county was understaffed for putting them in place. Meanwhile, the public has needlessly breathed more HCI. I'm hoping you can measure HCI as well and put pressure on the county to move forward to protect the public health. Thank You for protecting our investment in Rancho San Antonio, Rhoda Fry DRAFT RESPONSE PREPARED BY STAFF | FOR BOARD CONSIDERATION | Dear Ms. Fry, Thank you for your comments regarding the air quality monitoring program for Rancho San Antonio, approved by the Midpeninsula Regional Open Space Board of Directors at their meeting of January 9, 2013. As presented by our air consultant, Eric Winegar, PhD,the monitoring site locations and study design have been well thought out, given the District's study objectives and budget.We believe that the � � combination of continuous read monitors used throughout the year of study, in conjunction with � shorter duration specific sampling equipment, screening for a wide range of constituents,will achieve a � robust and valid sample of air quality conditions at Rancho San Antonio Open Space Preserve. ! We acknowledge your concern regarding the variability of the local limestone, and are aware of Lehigh's use nf imported limestone. Again,the combination of continuous read and unannounced, specific � sampling events throughout the year will attempt to capture this variability, within our budgetary means. Regarding the pollution controls for visible emissions and HCl,the District will contact the County and . Bay Area Air Quality Management District(BAAQMD)to follow up on your concerns. ! We have also attached a brief informational status report regarding the active air monitoring program � that was recently prepared by District staff for our Board ofDirectors. Thank you for your continued interest and support of the District. Sincerely, ' Jed Cyr, President Board of Directors, K4idpeninsu|a Regional Open Space District � � � � � � � � Open SpaceMidpeninsula DisRtrictegional Memo ran d u m DATE: January 30, 2013 MEMO TO: MROSD Board of Directors THROUGH: Stephen E.Abhors, General Manager FROM: Matt Baldzikowski, Resource Planner 1H SUBJECT: Rancho San Antonio Air Quality Monitoring This FYI is an update on the status of the air quality monitoring study at Rancho San Antonio Open Space Preserve (RSA). This one year study is designed to provide detailed on-site air quality monitoring to assess potential impacts from the adjacent Lehigh Pennanente cement plant and quarry. The Board authorized the Award of Contract to Winegar Air Sciences at the Board meeting of January 9, 2013 for the implementation of an air quality monitoring study. To date,two monitoring sites have been established within RSA. The Main Site(located at the Foothills Annex) is up and running, with continuous read monitors to measure PM10 (particulate matter less than 10 micrometers in diameter), PM2.5 (particulate matter less than 2.5 micrometers in diameter), and black carbon. Sources of PM10 include crushing or grinding operations,and dust stirred up by vehicles traveling on roads. Sources of PM2.5 include all types of combustion, including motor vehicles, power plants, residential wood burning, forest.fires, agricultural burning, and some industrial processes. These and PM10 particles are so small that they can get into the lungs, potentially causing serious health problems. The Main Site also includes samplers installed for shorter-duration, specific sampling to measure particle size resolution and elemental constituents (e.g, heavy metals). Additional samplers to screen for volatile organic compounds and other toxics, such as benzene, will be installed in February. The second monitoring site is located adjacent to the PG&E Trail and has the same continuous monitors installed and running, with the additional specific samplers to also be installed in early February. Both sites are also currently equipped with wind sensors to understand plume movement and relative impacts due to proximity to the source(s). Per the study design,periodic updates and a subset of the continuous data will be provided to staff. Staff is recommendinR that this information be summarized in quarterly data updates that we intend to release to the public. This will allow for technical and quality assurance review of the data,while also providing data to the public in a timely manner. The first quarterly summary is anticipated in April, 2013. More detailed analysis from the shorter duration, specific samplers will not be included in the quarterly reports. These samples will require laboratory preparation and analysis, and considerable time for quality assurance and synthesis. Samples may also be batched for more efficient processing. Given these requirements,this data will be presented in the final comprehensive report at the conclusion of all data collection and analysis. The final report is scheduled to be completed in April 2014. Staff and the District's consultant(Eric Winegar) have also met with a Cupertino resident and Lehigh neighbor who is also a representative of the Sierra Club and who had previously provided written questions on the study design, and also provided oral testimony at the Board Meeting of January 29,2013. � GENERAL MANAGER x Abhors Stephen .s Regional 0O2nSQ8De midpeninsu|a Regional Open Space District BOARD mDIRECTORS Pete Siemens ,o/momm/mnm /eucv, cvoRiffle wonetteoan*` February 13, I013 Lanv*aoeu c,cnvxa.ns Dear Ms. Fry, Thank you for your comments regarding the air quality monitoring program for Rancho San Antonio, approved by the K8idpeninsu|a Regional Open Space Board of Directors attheir meeting Vf]anuary9' 2013. As presented by our air consultant, Eric Winegar, PhD,the monitoring site locations and study design have been well thought out, given the District's study objectives and budget. We believe that the combination of continuous read monitors used throughout the year of study, in conjunction with � shorter duration specific sampling equipment, screening for a wide range of constituents,will achieve a robust and valid sample of air quality conditions at Rancho San Antonio Open Space Preserve. We acknowledge your concern regarding the variability of the local limestone, and are aware of Lehigh's use of imported limestone. Again, the combination of continuous read and unannounced,specific sampling events throughout the year will attempt to capture this variability, within our budgetary means. Regarding the pollution controls for visible emissions and HCl,the District will contact the County and Bay Area Air Quality Management District(BAAQMD)to follow up on your concerns. We have also attached a brief informational status report regarding the active air monitoring program that was recently prepared by District staff for our Board ofDirectors. Thank you for your continued interest and support of the District. Sincerely, �,-,Jed Cyr, President Board of Directors, K4idpeninsu|a Regional Open Space District �w a� aaoDotd Li,dc Los Altos,cxe4oz2 "asooyzouo ,*sn6*1 048s wwwopc^snaccn,g � � � February 13L2O1] � Dear Ms. Fry, � Thank you for your comments regarding the air quality monitoring program for Rancho San Antonio, approved by the Midpeninsula Regional Open Space Board of Directors at their meeting of January 9, � 2013. � 4xpresentedbvourairconsu|tant, EricVVinegar, 9hC\themnonitohngshehocationsandstudydeoign � have been well thought out,given the District's study objectives and budget.We believe that the � combination of continuous read monitors used throughout the year of study, in conjunction with � � shorter duration specific sampling equipment, screening for a wide range of constituents,will achieve a � robust and valid sample of air quality conditions at Rancho San Antonio Open Space Preserve. � � � We acknowledge�urmn�mm��i�t����|by�t� ��| U��r� o� a�a�����h��s � - - � use of imported limestone. Again, the combination of continuous read and unannounced, specific � sampling events throughout the year will attempt to capture this variability, within our budgetary means. � Regarding the pollution controls for visible emissions and HCI, the District will contact the County and � Bay Area Air Quality Management District(BAAQMD)to follow up on your concerns. � We have also attached a brief informational status report regarding the active air monitoring program � that was recently prepared bvDistrict staff for our Board ofDirectors. � � Thank you for your continued interest and support of the District. � Sincerely, l, � JeuCyr President � � Board of Directors, Midpeninsula Regional Open Space District � � � � � � � � �� � W� Midpeninsula Regional Open Space district R-13-20 Meeting 13-05 February 13, 2013 AGENDA ITEM 4 AGENDA ITEM Review and Approval of Amendments to the Board of Director's Rules of Procedures GENERAL MANAGER'S RECOMMENDATION Review and approve the proposed amendments to the Board of Director's Rules of Procedures. SUMMARY At its December 19, 2012 special meeting, the Board of Directors (Board) approved changes to Board Committee structure and charges (see Report R-12-124). As part of this Agenda Item, the j Board is asked to review and approve the proposed amendments to the Board of Director's Rules of Procedures to reflect the newly approved changes in Committee structure and charges. All other additional changes shown-in the Rules of Procedure have been inserted to ensure j consistency with current State law. DISCUSSION At its December 19, 2012 special meeting, the Board held a Stud Session to discuss proposed P g Y P p changes to Committee structure and charges. Staff provided a proposed Committee meeting structure that consolidated the three Ad Hoc Committees(Facilities, Cooley Landing and Sierra Azul/BBear Creek Redwoods) into the Planning and Natural Resources Committee(formerly Use and Management Committee) and changing the Board Appointee Evaluation Committee into a Standing Committee. Along with the proposed changes to the Committee structure,the Board approved amendments to the Committee charges based on discussions staff held with Committees(see Attachment 1). Due to these changes, it is necessary to update the Board of Director's Rules of Procedures (see Attachment 2). Below is a detailed outline of the changes to the Committee charges that were approved by the Board on December 19, 2012: Real Property Committee A. Add language that provides guidelines for site tours of potential real property purchases and associated preliminary use and management recommendations. The guidelines for site tours of real property purchases include: ■ Properties of regional significance • Coastal properties ■ Conservation partnership projects R-13-20 Page 2 a Grant funded projects a Properties with known strong public interest a Large properties a Properties with significant habitable structures M Properties with significant or unique use and management issues B. Add language that provides guidelines for not holding site tours. Those guidelines include: 0 Remote properties with poor roadway access a Properties with existing hazardous or unsafe conditions a Property owners not willing to have a public tour on their property N Small, minor or inholding properties C. Adding language to specify that "long term leases" are lease terms that are in excess of one year. D. Add language to specify that the Real Property Committee reviews the preliminary use and management recommendations associated with proposed new land purchases, which typically address issues such as: site safety; the need for additional property surveys, studies or assessments after purchase; patrol routes; public access; site cleanup and demolition of structures; existing rentals or leases of structures; and assigned and assumed grazing, agricultural and other leased uses. E. Add language that states that the Real Property Committee will review structures identified for disposition that are associated with new land purchases, and that property management structures considered for disposition will be considered by the Planning and Natural Resources Committee. Legislative, Funding, and Public Affairs Committee (LFPAC) A. Add language to clarify the Committee charge of reviewing: ■ Issues pertaining to legislative actions(Board policies, state, federal, or other agency actions concerning District business) ■ Study of funding sources pertaining to District finances ■IIIPublic Affairs' plans for public interactions(polls, events, recognitions on District lands, signs and sign locations) Planning and Natural Resources Committee A. Add language to include the Committee charge of reviewing: 0 Resource Management Policies, Plans and Amendments a Agriculture(including Grazing) Management Plans and Leases Board Appointee Evaluation A. Add language to state that the charge of the Board Appointee Evaluation Committee is to conduct Board Appointee evaluations. B. Add language to state that two of the three members of the Committee must be the President and Vice President. Alan with the edits noted above, additional langLiage was included to the Rules of Procedure to bring the District into compliance with state and federal law. R-13-20 Page 3 FISCAL IMPACT There are no unbudgeted fiscal impacts with this agenda item. BOARD COMMITTEE REVIEW Although the charge of reviewing the Board of Director's Rules of Procedures falls onto LFPAC, the Board requested that these amendments be brought directly to the full Board. In the future, amendments to the Rules of Procedures will be sent to LFPAC for initial review. PUBLIC NOTICE Notice was provided pursuant to the Brown Act. No additional notice is necessary. CEQA COMPLIANCE This agenda item is not a project udder the California Environn�ental Quality Act(CEQA). 1 6 NEXT STEPS I. If approved, staff will update the Rules of Procedures and distribute revised copies to the Board and appropriate staff members. Attachment: 1. Board-Approved Changes to Board Committees Structure and Charges 2. Amended Rules of Procedures Responsible Department Head: Ana Ruiz, Interim Assistant General Manager Prepared by: Michelle Radcliffe, District Clerk Contact person: Steve Abbors, General Manager Ana Ruiz, Interim Assistant General Manager Michelle Radcliffe, District Clerk ATTACHMENT I Board-Approved Changes to Board Committee Structure and Charges Standing Committees 1. Action Plan and Budget Committee Department Support: Administration Charge: Reviews the proposed budget and any required midyear budget amendments; makes budget recommendations to the Board; reviews Action Plan and Strategic Plan implementation; and receives reports from the District Controller concerning investments of District funds and current and long-term fiscal analyses. 2. Legislative, Funding and Public Affairs Committee Department Support: Public Affairs Charge: Reviews and makes recommendations to the Board on the proposed two-year legislative program; reviews policy matters related to the Board's Rules of Procedures and other Board policies and regulations as assigned by the Board;reviews platters concerning District funding, public affairs, and outreach; and reviews requests for naming District facilities, lands and preserves. 3. Planning and Natural Resources Committee Department Support: Planning,Natural Resources, and Real Property Charge: Reviews Use and Management Plans, Resource Management Plans, amendments, and issues(including consistency with related Board policies; conducts site tours relating to these matters as needed(includes trail use, facilities, structures, and resource management items). 4. Real Property Committee Responsible Department: Real Property Charge: Reviews leases; reviews consistency with Board rental policies concerning District real property; conducts site tours for potential real property purchases and disposition of structures at time of District purchase. The Real Property Committee set forth the following guidelines for site tours of real property purchases: ■ Properties of regional significance ■ Coastal properties ■ Conservation partnership projects ■ Grant funded projects ■ Properties with known strong public interest ■ Large properties ■ Properties with significant habitable structures ■ Properties with significant or unique use and management issues Page 1 ATTACHMENT l The Real Property Committee set forth the following,guidelines for not holding site tours: ■ Remote properties with poor roadway access ■ Properties with existing hazardous or unsafe conditions ■ Property owners not willing to have a public tour at their property ■ Small,minor or inholdig properties 5. Board Appointee Evaluation Committee Department Support: Administration Charge: Reviews performance and employment contracts of Board appointed employees: General Manager, General Counsel, and District Controller. Page 2 RULES QF PROCEDURE on 1.10 Regular Meetings Public Resources Code § 5535 Regular Meetings of the Board of Directors of the Midpeninsula Regional Open Space District shall be held on the second and fourth Wednesday of each month at the hour of 7:00 p.m. Meetings shall be held at such place or places within the District as shall be determined by the Board of Directors. A majority of the members of the Board may cancel a meeting for cause or call the regular meeting for a different date or time. At least 72 hours before a regular meeting, the agenda for the regular meeting containing the time and location for the meeting and a brief description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session, shall be posted in a location that is freely accessible to members of the public and ggggd on the District's webs . If a regularly scheduled meeting occurs on the evening preceding Thanksgiving or Christmas Eve or on a holiday, the regular meeting shall be rescheduled or canceled. 1.12 Special Meetings Special meetings may be called at any time by the President or at the request of a majority of the members of the Board. Except in the case of an"emergency situation"as defined (Government Code § 54956.5), written notice of such meeting shall be posted i I n a location that is freely accessible to members of the public. 2gsted on the Diwwebsite, and delivered personally or by mail to each member of the Board and to each local newspaper of general circulation at least 24-hours before the time specified for the meeting in thepotic:g, provided that, unless otherwise provided by law, the failure to give or receive notice shall not affect the validity of any action taken at the meeting.The notice shall specify the time and place of the special meeting and the business to be transacted, which shall be determined by the Board or by the General Manager in consultation with the President. No other business shall be considered at the meeting. The agenda for a special meeting at which action is proposed to be taken on an item shall provide an opportunity for members of the public to directly address the Board concerning that item prior to action in the item. 1.14 Meetings to be Public Public Resources Code § 5535. All meetings of the Board of Directors shall, as provided by law, be open and public and shall be conducted in accordance with the Ralph M. Brown Act of the State of California. (Government Code § 54950 et seq., the Ralph M. Brown Act.) 1.16 Quorum Public Resources Code § 5535. At any meeting of the Board a majority of the Directors shall constitute a quorum for the transaction of business. When there is no quorum, the President, or Vice-President, or District Clerk or any other member of the Board of Directors, shall adjourn such meeting. 1.18 Smoking It shall be unlawful for any person to smoke at any time at the meetings of the Board of Directors. 1.20 Legislative Body Public Resources Code § 5537. The Board of Directors is the legislative body of the District and shall determine all questions of policy. 1.22 Board of Directors: Election of Officers Public Resources Code § 5535. At the first regular meeting in January of each year, the Board of Directors shall choose one of its members, President, and another Vice-President, who shall act for the President in his/her absence or disability._The Board shall choose one of its members to serve as Board Treasurer and another to serve as Secretary. Each officer shall be voted on separately. Elections shall be by signed ballot and counted by the District Clerk. The candidate receiving a majority of the vote of the members of the Board shall be elected. After the election, the ballots shall be available for public inspection. 1.24 Duties of the Presiding Officer Public Resources Code § 5548. The President, or in his/her absence, the Vice-President, shall be the presiding officer of the Board and shall assume his/her place and duties as such immediately following his/her election. The presiding officer shall preserve order at all meetings of the Board, announce its decisions on all subjects, and decide all questions of order, subject to an appeal to the board. S/he shall participate in debate, make motions, and vote on all questions as other members of the Board. The President shall sign all ordinances, resolutions, contracts and conveyances on behalf of the District after they have been approved by the Board, shall sign financial instruments as appropriate, and s/he shall perform such other duties as may be imposed upon him/her by the Board. In the absence of the President, or in the event of his/her inability to act, the Vice-President shall perform all the powers and duties of the President. If both the President and Vice-President are absent or unable to act, the Board may select a president pro tempore who shall perform all the powers and duties of the President. 1.26 Rules of Order Robert's Rules of Order shall be followed as interpreted by the presiding officer, subject to an appeal to the Board. In the event of a conflict between these Rules of Procedure and Robert's Rules of Order, these Rules of Procedure shall control. 1.27 Board Treasurer The Treasurer shall be a member of the Budget Committee and shall sign financial instruments as appropriate. 1.28 Board Secretary Public Resources Code § 5551 and 5552. Unless otherwise directed by the Board, the Board Secretary shall countersign all ordinances and resolutions and the District Clerk shall countersign all contracts and conveyances approved by the Board. In the absence of a Secretary, or in the event of his/her inability to act, the Board may select a secretary pro tempore who shall perform all the duties of Secretary. 1.30 Agenda All reports, ordinances, resolutions and other matters intended to be considered by the Board at its regular meeting shall be delivered to the District Clerk no later than 5:00 pm. on the preceding Wednesday for material requiring typing or other preparation, and not later than 5:00 p.m. on the preceding Thursday for material requiring reproduction only. Any Board member or Board appointed staff member may place a matter on the agenda for Board consideration. The District Clerk shall prepare the agenda according to the order of business as determined by the General Manager. A copy of the agenda and all available -2- ' � � supporting materials shall bemailed by 5:00 p.m. on the Friday preceding each regular Board � meeting or delivered bv7:OOp.nn. onthe Saturday preceding each regular Board meeting. � Supplementary materials may be received by the District Clerk after that time, provided the matter refers toan already agendized item. � Agendas will be available with no charge upon request to public officials, newspapers in the District, and members ofthe public at the District cffioebv9:UOa.mn. on the Monday preceding � the regular meeting. Agendas will be posted in a location that is freely accessible to members of | the public least 73 hours before a regular meeting or at least 24 hours before a special meeting. � Supporting materials(reports, memoranda, resolutions, nonconfidential written communications to the Board, and other informational materials not previously published or distributed) may be obtained upon request by public agencies, newspapers in the District and members of the public et the District office bv9:OOa.nm. on the y4ondaypreceding the regular mnee�ng, and 24hours . before special meeting. Written materials distributed during a public meeting by any person in connection with a matter subject to discussion or consideration shall be made available for inspection at the meeting if prepared bvDistrict staff orbva member of the Board, Vr immediately after the meeting if prepared bv some other person. Absent extraordinary circumstances, communications to the Board from members of the public shall he deemed nonmonfidentka|. A memorandum from the General Manager explaining the justification for this decision"not to distribute materials to members of the public"shall accompany the written communications when sent to the Board. There will be no charge for the materials if available; otherwise the cost of reproduction will becharged. No action or discussion shall be undertaken on any item not appearing on the posted agenda by the Board, provided that matters deemed to be of an urgent nature by a two-thirds vote of the Board, (or, if less than two-thirds of the Board members are present a unanimous vote of those rnernbena present)with an explanation stated astothe urgency, may be acted upon. (See also Government Code § 54954.2.) 1.31 Board Member to Place Matters �Rec onsideration If the Board has previously voted on a matter, a Board member may place a request for reconsideration of the prior Board action on the agenda if that member voted on the prevailing side. A motion to reconsider may be made at the same meeting such action was taken, the next Regular Board meeting, or any intervening Board meeting. If the motion bn reconsider is made and approved atthe same meeting the action was taken, the matter may bereconsidered at that meeting, at the next Regular Meeting, or any intervening Board meeting, at the discretion of the Board ofDirectors. After a motion to reconsider has been made and approved by a majority of the Board, unless the matter is reconsidered at the same meeting Board action was taken, the District Clerk shall place the prior Board action on the Board agenda for reconsideration at the next Regular Meeting, an intervening Board meeting, or at the earliest feasible Board meeting if it is infeasible toagendize the matter at the next Regular Meeting, unless otherwise directed by the Board.The reconsideration rules contained in this Section shall not limit the Board's inherent legislative authority to rescind, amend, repeal, 0r otherwise nullify a prior Board action ata subsequent Board meeting. The reconsideration rules |nthis Section are not applicable to Board-appointed employees or their designees who may agendize matters for reconsideration, amendment, rescission, or repeal if deemed necessary to efficiently conduct District business or accomplish the District's rn|ss|oo, (RePorfR-OH-13O) � 1.40 Order of Business The order of business shall be determined by the General Manager for the purpose of preparing meeting agendas, using the following format, unless in the General Manager's opinion, a different order would be more appropriate: 1. Roll Call 2. Pledge of Allegiance (see Section 1.42) 3. Oral Communications 4. Special Orders of the Day 5. Adoption of Agenda 6. Adoption of Consent Calendar 7. Approval of Minutes (Consent Item) 8. Written Communications(Consent Item) 9. Unfinished Business 10. Public Hearings 11. Board Business 12. Informational Reports—Directors and Staff 13. Revised Claims (Consent Item) 14. Closed Session 15. Adjournment The order of business as set forth in the meeting agenda shall not be departed from except by consent of the majority of the Board. 1.41 Roll Call Before proceeding with the business of the Board, the District Clerk or minute taker shall call the roll of the Board of Directors, and the names of those present shall be entered into the minutes. 1.42 Pledge of Allegiance The Pledge of Allegiance shall be recited at the first meeting of July, and a special presentation shall be made at that time. 1.43 Oral Communications—Public Members of the public may address the Board under the category Oral Communications during meetings on any matter not on the agenda concerning the affairs of the District. The presiding member of the Board may limit presentations of speakers under this section to three minutes. If the Oral Communications category exceeds fifteen minutes, the President, with the approval of the Board, may delay additional oral communications to a designated time later in the meeting. Members of the public may address the Board on any agenda item when that item is considered by the Board. Absent extraordinary circumstances, the Board will not discuss oral communication items unless the communication relates to an item appearing on the agenda for that meeting. The Board may briefly respond, ask questions for clarification, provide information resource references, request staff to report back at a future meeting, or place the item on the agenda of a future meeting. A member of the public may request under oral communications that an item be removed from the consent calendar. 1.44 Special Orders of the Day Any Board member or Board appointed staff member may schedule special presentations, introductions or other activities deemed appropriate to this category, which shall be placed on the agenda by the District Clerk. 1.45 Adoption of Agenda -4- The Board shall determine the order of business to be considered at regular meetings, including placement of items removed from the consent calendar, and shall adopt the agenda, with additions or deletions. Only items of an urgent nature may be added to the agenda at this time, provided that any action be taken pursuant to Section 1.30. 1.46 Adoption of Consent Calendar The following items shall normally be included on the consent calendar: 1) approval of minutes; 2) written communications; 3) agenda items that the General Manager deems do not require Board discussion; and 4) revised claims. All items on the consent calendar shall be approved by one motion unless a request is made by a Board member to remove an item from the consent calendar for separate discussion. A member of the public may request under oral communications that the Board remove an item from the consent calendar for separate discussion. 1.47 Approval of Minutes(Consent Item) Unless removed from the consent calendar by a member of the Board or the public, the minutes of the previous Board meeting(s) shall be approved without reading during the adoption of the consent calendar, provided that the District Clerk has previously furnished each member of the Board with a copy. �.48 Written Communications(Consent Item) The District Clerk is authorized to receive and open all,mail addressed to the Board of Directors from members of the public. Any such written communication addressed to the Board shall be reproduced and distributed in the next regular mailing to the Board members and to members of the press who have requested supporting materials (see Section 1.30). All written communications, unless they relate to an item on the agenda, must be received no later than 5:00 p.m. on the Tuesday the week preceding a Board meeting in order to be distributed with the agenda and supporting materials and considered by the Board at the forthcoming meeting. If, in the opinion of the General Manager, a written communication should not be distributed with the agenda and supporting materials without a draft response, which has yet to be prepared, the written communication may be distributed later, but no later than at the forthcoming Board meeting. Written communications not directly related to an item on the agenda received after the 5:00 p.m. Tuesday deadline may be distributed with the agenda and supporting materials and considered by the Board at the forthcoming meeting if, in the opinion of the General Manager,time is of the essence for consideration of the written communication by the Board. Written communications directly related to an item on the agenda will be accepted for distribution up to 3:00 p.m. on the day of the meeting. Written communications directly related to an item on the agenda but received after 3:00 p.m. on the day of a meeting must be accompanied by thirty copies for distribution in order to be considered by the Board as written communication at the meeting. Draft replies to written communications which have not been considered by the Board may be submitted with the written communication, provided such draft replies are labeled as follows: "Draft Response prepared by Staff." Any member of the Board may request that such written communication be placed on the agenda as an emergency item in accordance with Section 1.30 for consideration by the Board. The Board shall consider the recommendation of the General Manager and determine whether a written communication shall be placed on the agenda in accordance with the procedures of Section 1.30, considered in connection with an item already on the agenda, and/or referred to a committee, a Director or staff for simple acknowledgement, response or draft response or shall determine that an adequate response has been made. A written communication addressed to an individual Director may, at the discretion of the ' individual Director, be considered a personal letbsr, a written communication or may be relayed to the members of the Board as an informational item. Members of the public may read written communications into the District's record during oral communications at a regular meeting and offer explanations of any such document.The � presiding member of the Board may limit presentations of the speakers, including the reading of � a written communication, bo three minutes. Written communications received ata regular Board � meeting shall be reproduced and distributed to absent Board members and to members of the � press who have requested supporting materials no later than the next regular mailing to the Board. Written communications which are distributed to the Board at a time other than a regular � mailing shall be distributed to members of the press who have requested supporting materials � within two working days of when they are sent to the Board. Written communications accompanied by | ' | Manager, be duplicated and distributed with some or all the attachments excluded. The General Manager shall note on the written communication or in an accompanying memorandum that the entire written communication, including attachments is available at the District office for public review.The General Manager shall determine the most appropriate method for presenting the ' attachments tothe Board of Directors. Copies of the excluded attachments will be made available on the same basis as any other public record. | 1.49 Unfinished Business . When a regular meeting is adjourned before the completion of the agenda, all unfinished items shall be listed under Unfinished Business on the next regular Board meeting agenda, at the discretion of the General Manager or unless otherwise designated by a majority of the Board. 1'50 Public Hearings � Any matter which, in the opinion of the Board of Directors, President, or General Manager � | requires notice to and response by members of the public may be placed on the agenda under � this category. 1.51 Board Business , These are business items being presented to the Board for consideration that do not fall under � the category of Unfinished Business(see Section 1.49). Action in the form of an ordinance, resolution, motion or direction to staff may be required for items in this category. 1.52 Informational Reports—Directors and Staff | | Informational, short reports by Directors and staff members on items of Interest to the District may be aiven under this category. No action is expected but could occur at a regular meeting with avote as required by Section 1.30. � -' | | Revised Claims(Consent Calendar) � 1.53 Public Resources Cbde § 5547, 5544.22and 554Oasamended. No claims against the District shall be paid unless the same shall befirst approved bwamajority of the Board ata meeting thereof. Payment of employees'salaries and fringe benefits and other � necuninQ claims may be authorized bv the Board onan annual basis. � � 1.54 Closed Sessions The Board may hold closed sessions from which the public may be excluded for the consideration of the following subjects: � 1. Appointment, employment, evaluation of performance, or dismissal ofan employee o,bo hear complaints or charges brought against anemployee 2. Labor negotiation matters ]. Proposed or pending litigation 4. Real property transactions -�' . � � ~ 5. Matters embraced within theattorney-client privilege � 6. Any other matters exempted bv law (See Government Code § 54950et seq, the Ralph M. Brown Act . � � � Items tobe discussed |n closed session shall be listed onthe agenda for a regular orspecial � meeting. A closed session item ofanunzent nature not |k�edon the anendanmaybe added to the agenda provided that any action ta~ | be pursuant tn Section 1.]~. � Prior to holding any closed session, the Board must disclose, |nanopen meeting, the item or � items to be discussed in the closed session. The disclosure may take the form of a reference to the item or times as they are listed bv number mr letter mnthe agenda.The Board may consider � only those � sta tement' ~ ^ After any closed session, the Board shall reconvene into open session prior to adjournment and shall publicly report any action taken in closed session and the vote or abstention of every Board � member present.These reports may Le made orally orinwriting. Copies of any contracts, settlement agreements, op other documents that were fina||vapproved or adopted in closed session shall be made available to any persons requesting such documentation. The requested documentation will be available at the end of the closed session � in which the final action was taken unless substantive amendments require retyping, in which � � case the documents will be available when the retyping iscomplete. 1.60 Minutes Minutes of Board meetings shall be kept bvthe District Clerk. The District Clerk orhis/her designee shall make a record togetherwith sense minutes ofsuch business as was actually passed upon by a vote of the Directors. A record shall be made of the names and addresses of persons addressing the Board, the subject matter to which their remarks related and whether they spoke in support oropposition to such matter. The District Clerk shall be responsible for preparing and causing a copy of the minutes to be considered for approval to be forwarded to � each Board member in the next regular mailing or as soon thereafter as possible. � Minutes of meetings tmbe considered for approval shall be available without charge upon � request to public uffida|s, newspapers within the District, and members of the public atthe � District office assoon as available following the meeting. The offida| Board-approved minutes ofa meeting shall consist ofat least two separate documents: 11 the copy uf the proposed minutes forwarded tothe Board for their consideration and approval, and 21 any additions u,corrections tothe proposed minutes made by the Board during the approval or amendment process and recorded in the approved minutes of the � subsequent Board meeting. 1.70 Board Action Public Resources Code § 5547, 5544.2 and 554Oasamended. A majority vote of all of the members of the board shall be sufficient of the taking of Board action or the conduct of business except where action is required to be taken by"four-fifths of the members of the District Board"or a"two-thirds vote of the Board"or language of similar import. - _ Action of the Board of Directors shall be taken by ordinance, resolution, or motion duly recorded |n the minutes of the meeting. The ayes and noes shall be taken upon the passage of all ordinances, resolutions or motions and entered into the minutes of the Board. � An ordinance orresolution shall not be passed or become effective without the affirmative vote of at least a majority Pf the members of the Board. -7- � w w I lilt] 0 SIR :0. a 0 tj I I wl* -�,a fft—, MUM 7RM177pa=. $=,J ctz�71�74 K14*91,It"ur.it F L-NI i izi talaftc-4t De Real Pcgggcty Commi:U=gd forth the following_auideiiper5 for site tours of real p_ropy_purchases: 1. Properties of regional significance 2. Coastal proms 3. Conservation ga tnershig prrojects 4. Grant funded pro S. Properties with known str.ong 12ublic interest f. Large inycrties 7. .ErQuerticuuMb significant habitable struct4trg,5 8. Properties with signiifirAnt or unique use and managgMgnt Issues The Real Proj&ft Comma= _fgrtb the following i Iln fr not holding i 1. Remote oroperties with Wgrr d Ay access 2. Properties with existing hazardouE gr unsafe conditions 3. Pr ay gwngrs not willing to have a public tourat their{fro rtv 4. Small, Mil3dr or inholding properties (e) Board Agggintee Evaluation Qmmitt : Reviews pCrformancg and em 1g ment contracts of Board apMinW em 1M=: General Manager, Qgngral Counsel and District QgntrollgE. Other matters,m be referred to anappropriate I' t ,�y d Standing Committee with prior approval of the Board. Such matters shall first be placed on a Board agenda by any Board Member or the Genera(Manager for Board approval. The General Managermay also refer matters directly to an appropriate Standing Committee as needed to implement the District's Action Plan. Three Board members shall be appointed9 to serve on each standing committee. Appointments to the Ad ristratien-Action Plan and Budget Committee shall normally be made at the first regular meeting in January. The Treasurer shall be one of the three members of the Admin6tralienActign Plan and Budget Committee. Appgintee Evaluation QMMitft Shalli n and Vice President as two gf ft three members of ft C=Mittee. Appointments to other standing committees shall be made at the first regular meeting following the meeting at which officers of the Board are elected. 1.82 Standing Committee Meeting Notification Agendas for meetings of standing committees of the Board shall be posted in a location that is free) accessible m m f y to members o the public and 2Qgcd on thq,District's website at least 72 hours before the meeting..-The agenda shall include the time and location for the meeting and a brief description of each item of business to be transacted or discussed at the meeting. Whenever possible, notices of standing committee meetings shall also be listed in advance on agendas for regular or special Board meetings. Agendas for standingcommittee meetings shall be forwarded 9 to each person who usually receives an agenda for regular meetings and to each person who has requested notification of meetings of a particular committee. 1.83 Board Appointments to Outside Committees With the consent of the Board, the presiding officer of the Board may appoint a member to serve as a Board appointee on a committee, commission, board or other body that is not a committee of the Board. -9- 1.90 Public Records All public records of the District shall be open to public inspection during District office hours Monday through Friday from 9:00 a.m. to 12:00 noon and from 1:00 p.m. to 5:00 p.m. holidays excepted. Holidays observed by the District are New Year's Day, Martin Luther King Jr. Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the day after Thanksgiving, the last four hours of last workday preceding the Christmas Day observance and Christmas Day. If a holiday falls on a Sunday, the holiday shall be observed on the following Monday. 1.95 Communications from Individual Directors Any written communication from a Director to the public or Board in any way related to the Director's capacity as an elected District official shall be distributed to the Board as a public informational item by the Director unless it is made clear in the communication that the communication is the opinion of the Director and not a Board position. 2.00 Recording of Meetings Tape recordings of a Board meeting shall be made by District staff solely for the purpose of facilitating the preparation of the minutes of the meeting (see Government Code §6252). Each tape recording of a Board meeting may be erased six weeks after the approval of the minutes of a Board meeting. Any person attending an open and public meeting shall have the right th record the proce6drigs, with an audio or video tape recorder or a still or motion picture camera in the absence of a reasonable finding of the Board that such recording cannot continue without noise, illumination, or obstruction of view that constitutes, or would constitute, a persistent disruption of.the proceeding (Government Code § 54953.5). 2.10 Candidate's Packets Informational packets shall be distributed at no charge prior to elections or appointment proceedings to candidates who have filed for Directors'seats. 2.12 Unopposed Candidates and Candidates'Statements In the case where there is a single candidate qualified to appear on the ballot, such candidate shall not be permitted to have his or her name on the ballot(Public Resources Code § 5532 (e)). If such unopposed candidate requests that his or her candidate's statement be included in official election material distributed to voters, the District shall bill such candidate for the cost thereof, including costs related to any required translation. In those wards where two or more candidates have qualified to appear on the ballot, ,§ candidate may file a candidate's statement not exceeding 200 words. The District will pay for the cost of the statements, (and, if required by the respective county translations of candidates'statements pursuant to the Elections Code of the State of California, and no such candidate shall be billed for availing himself or herself of these services. 2.15 Annual Disclosure Statements Annual disclosure statements required by the Fair Political Practices Commission shall be distributed to designated employees by the District Clerk and shall be returned to the District Clerk by April 1 of each calendar year. 2.20 Fees Charged for Special Mailings Reasonable fees may be charged by the General Manager for reproducing and-mailing materials on special projects. 2.30 Compensation of Directors and Payment of Expenses Public Resources Code§ 5536 and 5536.5. _10- Members of the Board shall receive one hundred dollars($100.00) for each attendance at a Board meeting. A Board meeting includes a special meeting,a continued meeting, a closed session, a public hearing, or a meeting of a standing committee of the Board. Attendance at an ad hoc committee meeting shall be compensable when determined to be so by the Board. Only Board members, who are members of the committee, or authorized substitutes appointed by the presiding officer, may be compensated for attendance at the meeting. A committee of the Board includes a committee of one and Board-appointed representatives on a committee established by other organizations. The maximum total compensation per Board member allowable under this section shall be one hundred dollars ($100.00) per day and five hundred dollars ($500.00) per calendar month. 2.35 Fiscal Year Beginning in 1989, the District's fiscal year shall commence on April 1 and conclude on March 31. 2.40 Financial Instrument Signatories A. The authorized signatories to checks, warrants, withdrawal applications and the Santa Clara County claim forms of the Midpeninsula Regional Open Space District for payroll or for amounts less than $5,000 shall be any one of the following seven employees: (i) the General Manager, (ii) the Assistant General Manager, (iii)the Administration and Human Resources Manager, (iv) the Operations Manager, (v) the Public Affairs Manager, (vi) the Planning Manager, or(vii)the Real Property Manager. B. The authorized signatories to checks, warrants, withdrawal applications and Santa Clara county claim forms of the Midpeninsula Regional Open Space District in amounts of$5,000 or greater(excluding payroll) shall be two of the following employees: (i) the General Manager, (ii) the Assistant General Manager, (iii)the Administration and Human Resources Manager, (iv) the'Operations Manager, (v) the Public Affairs Manager, (vi) the Planning Manager, or(vii) the Real Property Manager. 2.50 Safe Deposit Box The authorized signa6re for entrance into the District's safe deposit box is any of the following: General Manager, Assistant General Manager, District Clerk, and Sr. Accounting Specialist. 2.60 Certificates of Acceptance and Acquisitions of Interests in Low-Value Real Property by the General Manager A. In accordance with Government Code § 27281, Certificates of Acceptance for deeds or grants conveying any interest in or easement upon real estate to the District for public purposes shall be executed as follows: Certificate of Acceptance. The President of the Board of Directors, or, in his or her absence, the Vice President of the Board of Directors, or the District's General Manager, are hereby authorized to consent to and accept on behalf of the Midpeninsula Regional Open Space District, deeds or grants conveying any interest in or easement upon real property to the District for public purposes and to execute a Certificate of Acceptance as evidence thereof as required by law. B. AWwi5itions of Interests in Low-Value Real Property by thg General Manager. The General Manager is hereby authorized to approve the acquisition of an interest in or easement upon real property, or an option to acquire such an interest or easement, on behalf of the Midpeninsula Regional Open Space District provided the following conditions are met: 1. The General Manager determines that the acquisition of such interest in or easement upon real property is necessary or appropriate in order for the District to effectively acquire, plan, maintain and operate its system of open space preserves, and that such acquisition is consistent with all applicable District regulations and policies concerning acquisition of real property; and 2. The purchase price, option price, or, in the case of a gift, the fair market value of the gift, does not exceed the General Manager's authority to expend District funds as provided in Section 5549 (b)(2) of the Public Resources Code and as authorized by the Board of the Directors; and 3. Prior to the General Manager's approval of an acquisition, the District undertakes all acts required by law prior to acquiring real property, including compliance with the California Environmental Quality Act; and 4. After acquisition, the General Manager shall notify the Board of Directors, in writing, of the acquisition or option and place upon the Board of Director's agenda at Its regular meeting a Preliminary Use and Management Plan for the real property so acquired. Pursuant to the Districts Public Notification Policy, the Generpl Manager may determine that such Plan be presented to the Board for final adoptior, in the event no publig comments concerning the proposed plan have been received prior to Board action. Last amended: Deeember X9ziffi, ftbrUgIX XX, 2013 November 12, 2008 September 24, 2008 June 14, 2006 October 26, 2005 February 11, 2004 November 12, 2003, October 8, 2003 August 13, 2003 January 29, 2003 January 10, 2001 January 11, 1995 January 26, 1994 June 18, 1991 -12. RULES OF PROCEDURE APPENDIX A Closed Session Procedures and Standard Forms 1. At least 72 hours before a regular meeting of the Board of Directors and at least 24 hours before a special meeting, the District Clerk shall post the Board's agenda containing a brief general description of each item of business to be transacted or discussed in the closed session. The description should be consistent with the form attached as"Standard Form No. I". The closed session shall also be listed on the agenda by number as"Closed Session Agenda Item No. 2. Prior to the closed session, the Board of Directors shall convene in open session. The Board President shall announce the purpose or purposes of the closed session, state the statutory authority for the session and state the items to be discussed in the closed session. Alternatively, the Board President can refer to the closed session as listed on the agenda: "The Board will hold a dosed session for the purpose of discussing'Closed Session Agenda Item No. 3. The Board then may adjourn to its closed session. 4. At the conclusion of the closed session, a"Closed Session Minutes and Record of Action Taken"form (Standard Form No. 2) is prepared by the District Counsel, District Clerk or District General Manager. The form shall be entered in a Minute Book, which shall be a confidential document maintained by legal counsel. The Minute Book will be available for inspection by any Board member or other authorized person. 5. Where final action has been taken on a matter in closed session, the Board shall reconvene into public session, and the President shall made any public announcements required by Section 54957.1 of the Ralph M. Brown Act. 6. Confidentiality is essential if a closed session is to serve its statutory purpose. Therefore, Board members and staff will adhere to a strict policy of confidentiality. No person may disclose any statements, discussion, documents, or votes made in a closed session except where authorized by the Board or where required by the Ralph M. Brown Act. STANDARD FORM NO. 1 CLOSED SESSION AGENDA DESCRIPTIONS Type of Closed Session Item: 1. Conference with Real Property Negotiator 2. Conference with Legal Counsel— Existing Litigation 3. Conference with Legal Counsel —Anticipated Litigation 4. Public Employment Item S. Labor Negotiations 6. Other—check with District Clerk%Ind General Counsel 1. Conference with R�gl Proggin Negotiator Real Property or Properties: Specify street address, or if no street address, the parcel number or other unique reference Negotiating Parties: Specify name of person with whom negotiator may negotiate Under Negotiations: Specify whether instruction to negotiator will concern price, terms of payment, or both 2. Conference with Legal Counsel— Existing Litigation —Govt. Code § 54956.9(a) A. Name of Case (Identify each case by reference to title of case, claimant's name, name of parties, or claim numbers) B. If disclosing the case name of existing litigation would jeopardize service of process or jeopardize ongoing settlement negotiations: Name of Case Unspecified: Disclosure will jeopardize service of process of ongoing settlement negotiations. 3. Qgnference with Legal Counsel —Anticipated Litigation —Govt. Code § 54956.9(b) A. When you desire to hold a closed session relating to anticipated litigation that has not yet been filed, the agenda description will be: Conference with Legal Counsel —Anticipated Litigation. Significant exposure to litigation (specify number of potential cases) No. of cases: B. If deciding whether or not to initiate litigation, the description will be: Conference with Legal Counsel—Anticipated Litigation. Initiation of litigation (specify number of potential cases) No. of cases: 4. Public Employment A. Public Employee Appointment Title of Position to be Filled: B. Public Employee Employment, Evaluation or Dismissal Title of Position Being Filled or Reviewed: C. Public Employee Discipline, Dismissal or Release (No further description necessary) 5. Libor Nggg�bation§ A. Conference with Labor Negotiator— Represented Employees Agency: Employee Organization: B. Conference with Labor Negotiator—Unrepresented Employees Agency Negotiator: Unrepresented employee(s) or group: i i Midpeninsula Regional ' Open Space District R-13-20 Meeting 13-05 February 13, 2013 AGENDA ITEM 4 AGENDA ITEM I Review and Approval of Amendments to the Board of Director's Rules of Procedures GENERAL MANAGER'S RECOMMENDATION Review and approve the proposed amendments to the Board of Director's Rules of Procedures. SUMMARY At its December 19, 2012 special meeting, the Board of Directors (Board) approved changes to Board Committee structure and charges (see Report R-12-124). As part of this Agenda Item, the Board is asked to review and approve the proposed amendments to the Board of Director's Rules of Procedures to reflect the newly approved changes in Committee structure and charges. All other additional changes shown- in the Rules of Procedure have been inserted to ensure consistency with current State law. DISCUSSION At its December 19, 2012 special meeting, the Board held a Study Session to discuss proposed changes to Committee structure and charges. Staff provided a proposed Committee meeting structure that consolidated the three Ad Hoc Committees (Facilities, Cooley Landing and Sierra Azul/Bear Creek Redwoods) into the Planning and Natural Resources Committee(formerly Use and Management Committee and changing the Board Appointee Evaluation Committee into a g ) g g pp StandingCommittee. Alongwith the proposed changes to the Committee structure, the Board p p g t the Committee charges based on discussions staff held with approved amendments o Ppg Committees see Attachment 1 . Due to these changes, it is necessary update the Board of ( ) g y to p Director's Rules of Procedures (see Attachment 2). Below is a detailed outline of the changes to the Committee charges that were approved by the Board on December 19, 2012: Real Property Committee A. Add language that provides guidelines for site tours of potential real property purchases and associated preliminary use and management recommendations. The guidelines for site tours of real property purchases include: ■ Properties of regional significance ■ Coastal properties ■ Conservation partnership projects R-13-20 Page 2 • Grant funded projects • Properties with known strong public interest • Large properties • Properties with significant habitable structures • Properties with significant or unique use and management issues B. Add language that provides guidelines for not holding site tours. Those guidelines include: a Remote properties with poor roadway access N Properties with existing hazardous or unsafe conditions 0 Property owners not willing to have a public tour on their property a Small, minor or inholding properties C. Adding language to specify that "long term leases" are lease terms that are in excess of one year. D. Add language to specify that the Real Property Committee reviews the preliminary use and management recommendations associated with proposed new land purchases, which typically address issues such as: site safety; the need for additional property surveys, studies or assessments after purchase; patrol routes; public access; site cleanup and demolition of structures; existing rentals or leases of structures; and assigned and assumed grazing, agricultural and other leased uses. E. Add language that states that the Real Property Committee will review structures identified for disposition that are associated with new land purchases, and that property management structures considered for disposition will be considered by the Planning and Natural Resources Committee. Legislative, Funding, and Public Affairs Committee (LFPAC) A. Add language to clarify the Committee charge of reviewing: • Issues pertaining to legislative actions (Board policies, state, federal, or other agency actions concerning District business) • Study of funding sources pertaining to District finances • Public Affairs' plans for public interactions (polls, events, recognitions on District lands, signs and sign locations) Planning and Natural Resources Committee A. Add language to include the Committee charge of reviewing: • Resource Management Policies, Plans and Amendments • Agriculture (including Grazing) Management Plans and Leases Board Appointee Evaluation A. Add language to state that the charge of the Board Appointee Evaluation Committee is to conduct Board Appointee evaluations. B. Add language to state that two of the three members of the Committee must be the President and Vice President. Along with the edits noted above, additional language was included to the Rules of Procedure to bring the District into compliance with state and federal law. R-13-20 Page 3 FISCAL IMPACT There are no unbudgeted fiscal impacts with this agenda item. BOARD COMMITTEE REVIEW Although the charge of reviewing the Board of Director's Rules of Procedures falls onto LFPAC, the Board requested that these amendments be brought directly to the full Board. In the future, amendments to the Rules of Procedures will be sent to LFPAC for initial review. PUBLIC NOTICE Notice was provided pursuant to the Brown Act. No additional notice is necessary. CEQA COMPLIANCE This agenda item is not a project under the California Environmental Quality Act (CEQA). NEXT STEPS If approved, staff will update the Rules of Procedures and distribute revised copies to the Board and appropriate staff members. Attachment: 1. Board-Approved Changes to Board Committees Structure and Charges 2. Amended Rules of Procedures Responsible Department Head: Ana Ruiz, Interim Assistant General Manager Prepared by: Michelle Radcliffe, District Clerk Contact person: Steve Abbors, General Manager Ana Ruiz, Interim Assistant General Manager Michelle Radcliffe, District Clerk � � � RULES OF PROCEDURE Section 1.10 Regular Meetings Public Resources Code § 5535 Regular Meetings of the Board of Directors of the M|dpen|nau|a Regional Open Space District � � shall be held on the second and fourth Wednesday of each month at the hour of 7:00 p.m. Meetings shall be held at such place or places within the District as shall be determined by | ' � Board of Directors. A majority mfthe members of the Board may cancel a meeting for cause or call the regular meeting for a different date or time. At least 72 hours before a regular meeting, the agenda for the regular meeting containing the time and location for the meeting and a brief description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session, shall be posted in a location that is freely accessible to members of the public and posted on the District's website. If a regularly scheduled meeting � occurs"'' the evening preceding Thanksgiving or Christmas Eve"' "^ " holiday, the regular meeting shall be _ —_ _ rescheduled or canceled. � 1.12 Special Meetings Special meetings may be called at any time by the President or at the request of a majority of � the members of the Board. Except mthe case of an"emergency situation"as defined (Government Code y 5495" ') ,,"tt=" notice of such meeting shall be posted in a location that � | is freely accessible to members of the public, and delivered^ personally or by mail to each member of the Board and to each local newspaper of general circulation at least 24 hours before the time specified for the meeting in the notice, provided that, unless otherwise provided by law, the failure to give or receive notice shall not affect the validity .. any action taken --the meeting. The notice shall_ specify —the _time_and place _ the the General Manager .. ..~...^.~. ,... .-- . .^~~_— .-' other business shall' _- considered � ���� m�� U� a�n� � ��a| m�� �wmh� a�o � p���V � Ue�k� ~ _ item shall provide an opportunity for members of the public to directly address the Board � on an concerning that item prior ""action "' the item. 1.14 Meetings to be Public � rumv- nesou/ce* Cuues0000 All meetings of the Board of Directors shall, as provided by law, be open and public and shall be conducted in accordance with the Ralph M. Brown Act of the State of California. (Government Code - 54950 et seq., the Ralph ' � 1.16 Quorum Public Resources Code § 5535. At any meeting of the Board a majority of the Directors sha constitute quorum for the transaction of business. When there is no quorum, the President, or Vice-President, or District � Clerk or any other member of the Board of Directors, shalladjo uch � 1.18 Smoking It shall be unlawful for any person to smoke at any time at the meetings Directors. � 1.20 Legislative Body � Pubk: Reyouns�s{lx]� � 5�]7. . The Board of Directors b the legislative body of the District and shall determine all questions of � policy. � � � � 1.22 Board ofDirectors: Election of Officers Public Resources Code § S5]5. � At the first regular meeting in January of each year, the Board of Directors shall choose one of � � its members, President, and another Vice-President, who shall act for the President in his/her | absence or disability._The Board shall choose one of its members to serve as Board Treasurer | and another to serve asSecretary. � Each officer shall be voted onseparately. Elections shall be by signed ballot and counted by the District Clerk. The candidate receiving a majority of the vote of the members of the Board shall be elected. After the election, the ballots shall be available for public inspection. | | 1.24 Duties of the Presiding Officer � Public Resources Code § 5548. � The President, or in his/her absence, the Vice-President, shall be the presiding officer of the Board and shall assume his/her place and duties as such immediately following his/her election. The presiding officer shall preserve order at all meetings of the Board, announce its decisions on all subjects, and decide all questions oforder, subject toan appeal to the board. S/he shall participate in debate, make motions, and vote on all questions as other members of the Board. The President shall sign all ordinances, resolutions, contracts and conveyances on behalf ofthe District after they have been approved by the Board, shall sign financial instruments as appropriate, and s/he shall perform such other duties ao may be imposed upon him/her bvthe Board. In the absence of the President, or in the event of his/her inability to act, the Vice-President shall perform all the powers and duties of the President. If both the President and Vice-President are absent or unable to act, the Board may select a president pro tempore who shall perform all the powers and duties of the President. � 1.26 Rules mfOrder � Robert's Rules of Order shall be followed as interpreted by the presiding officer, subject to an � appeal bo the Board. In the event ofa conflict between these Rules of Procedure and Robert's � Rules of Order, these Rules of Procedure shall control. � � � 1.27 Board Treasurer � The Treasurer shall bea member of the Budget Committee and shall sign financial instruments as appropriate. � 1.28 Board Secretary � Public Resources Code § 5551 and S5S2. � Unless otherwise directed bv the Board, the Board Secretary shall countersign all ordinances and � resolutions and the District Clerk shall countersign all contracts and conveyances approved by � the Board. In the absence of Secretary, or in the event of his/her inability to act, the Board � � may select a secretary pro ternporevvho shall perform all the duties ofSecretary. � | � 1.30 Agenda � All reports, ordinances, resolutions and other matters intended to be considered by the Board at its regular meeting shall be delivered to the District Clerk no later than 5:00 p.m. on the � preceding Wednesday for material requiring typing or other preparation, and not later than 5:00 p.m. on the preceding Thursday for material requiring reproduction only. � � Any Board member or Board appointed staffnnernbernnayplace a matter on the agenda for Board consideration. The District Clerk shall prepare the agenda according to the order of � business ay determined hv the General Manager. A copy of the agenda and all available � � supporting materials shall be mailed by 5:00 p.m. on the Friday preceding each regular Board meeting or delivered bv7:O0p.nn. onthe Saturday preceding each regular Board meeting. Supplementary materials may be received by the District Clerk after that time, provided the matter refers toan e|nsadyaoendized item. | Agendas will be available with no charge upon request to public officials, newspapers in the � District, and members of the public at the District office by 9:00 a.m. on the Monday preceding � the regular meeting. Agendas will be posted in location that is freely accessible to members of | the publicand t least 73 hours before a regular meeting orat � least 24 hours before special meeting. � � � Supporting materials (reports, memoranda, resolutions, mmconfidentia| written communications to the Board, and other informational materials not previously published or distributed) may be | obtained upon request by public agencies, newspapers in the District and rnennbeca of the public at the District office by 9:00 a.m. on the Monday preceding the regular meeting, and 24 hours i before a special meeting. | Written materials distributed during a public meeting by any person in connection with a matter | � subject to discussion or consideration shall be made available for inspection at the meeting if � prepared by District staff or by a member ofthe Board, or immediately after the meeting if prepared by some other person. � Absent extraordinary circumstances, communications to the Board from members of the public shall be deemed nonconfidenUa|. A memorandum from the General Manager explaining the | | justification for this decision"not to distribute materials to members of the public"shall accompany the written communications when sent to the Board. There will be no charge for the materials if available; otherwise the cost of reproduction will be charged. � No action or discussion shall be undertaken on any item not appearing on the posted agenda by � the Board, provided that matters deemed to be of an urgent nature by a two-thirds vote of the | Board, (or, if less than two-thirds of the Board members are present a unanimous vote of those � members present) with an explanation stated as to the urgency, may be acted upon. (See also � Government Code § 549S4.2.) � � l .]| Board Member Requests tm Place Matters on the Agenda for Reconsideration If the Board has previously voted on a matter, a Board member may place a request for ! reconsideration of the prior Board action on the agenda if that member voted on the prevailing � side. A motion to reconsider may be made at the same meeting such action was taken, the � � next Regular Board meeting, or any intervening Board meeting. lf the motion b» reconsider is made and approved at the same meeting the action was taken, the matter may be reconsidered � at that meeting, at the next Regular Meeting, or any intervening Board meeting, at the discretion of the Board ofDirectors. After a motion to reconsider has been made and approved | by a majority of the Board, unless the matter is reconsidered at the same meeting Board action was taken, the District Clerk shall place the prior Board action on the Board agenda for reconsideration at the next Regular Meeting, an intervening Board meeting, oratthe earliest | feasible Board meeting if it is infeasible toogendizethe matter atthe next Regular Meeting, unless otherwise directed by the Board. The reconsideration rules contained in this Section shall not limit the Board's inherent legislative authority ho rescind, amend, repeal, or otherwise nullify | a prior Board action at subsequent Board meeting. The reconsideration rules in this Section � are not applicable to Board-appointed employees or their designees who may agenclize matters � for reconsideration, amendment, rescission, or repeal if deemed necessary to efficiently conduct District business or accomplish the District's mission. (Report | ` ' ! � �� | 1.40 Order of Business | The order of business shall be determined '�the General Manager for the purpose of preparing � � meeting agendas, using the following format, unless in the General Manager's opnion, a different order would be more appropriate: t Roll Call 2. Pledge of Allegiance (see Section 1.42) � 3, Oral � Cu/m/uxxutm/m � 4. Special Orders of the Day | 5. Adoption of Agenda 6. Adoption of Consent Calendar 7. Approval of Minutes (Consent Item) � 8. Written Communications (Consent Item) 9. Unfinished Business 10. Public Hearings | 11. Board Business 13. Informational Reports—Directors and Staff 13. Revised Claims (Consent Item) 14. Closed Session 15. Adjournment The order of business as set forth in the meeting agenda shall not be departed from except by � consent of the majority of the Board. � � 1.41 Roll Call Before proceedingvviththebuonessoftheEhoard, theDbthct[lerkormninutetakershaUcaUthe roll of the Board of Directors, and the names of those present shall be entered into the minutes. � 1.42 Pledge of Allegiance � The Pledge of Allegiance shall berecited at the first meeting mf July, and a special presentation � � shall bemade at that time. 1.43 Oral Communications—Public � Members of the public may address the Board under the category Oral Communications during � � meetings on any matter not on the agenda concerning the affairs of the District. The presiding � member of the Board may limit presentations of speakers under this section to three minutes. If � the Oral Communications category exceeds fifteen minutes, the President, with the approval of the Board, may delay additional oral communications to a designated time later in the meeting. | Members of the public may address the Board on any agenda item when that item is considered by the Board. � Absent extraordinary circumstances, the Board will not discuss oral communication items unless � the communication relates to an item appearing on the agenda for that meeting. The Board may | briefly respond, ask questions for clarification, provide information resource references, request � staff bo report back at a future meeting, or place the item on the agenda of future meeting. � A member of the public may request under oral communications that an item be removed from thecon�ent��|�ndar � . � 1.44 Special Orders mf the Day � Any Board member or Board appointed staff member may schedule special presentations, � introductions or other activities deemed appropriate to this category, which shall be placed on � the agenda bv the District Clerk. � 1.45 Adoption of Agenda � 4' � The Board shall determine the order of business to be considered at regular meetings, including placement of items removed from the consent calendar, and shall adopt the agenda, with additions or deletions. Only items of an urgent nature may be added to the agenda at this time, provided that any action be taken pursuant to Section 1.30. 1.46 Adoption of Consent Calendar The following items shall normally be included on the consent calendar: 1) approval ofminutes; � 2) written communications; 3\ agenda items that the General Manager deems do not require Board discussion; and 4) revised claims. All items on the consent calendar shall be approved bv � one motion unless a request is made by a Board member to remove an item from the consent calendar for separate discussion. A member of the public may request under oral � communications that the Board remove an item from the consent calendar for separate � discussion. � 1.47 Approval mf Minutes (Consent Item) Unless removed from the consent calendar by a member of the Board or the public, the minutes � of the previous Board nneeting(s) shall be approved without reading during the adoption of the consent calendar, provided that the District Clerk has previously furnished each member of the Board with acopy. 1.48 Written Communications(Consent Item) � The District Clerk is authorized to receive and open all mail addressed to the Board of Directors from members of the public. Any such written communication addressed to the Board shall be reproduced and distributed in the next regular mailing to the Board members and to members of the press who have requested supporting materials (see Section 1.30). All written communications, unless they relate tonn item on the agenda, must be received no � later than 5:00 p.m. on the Tuesday the week preceding a Board meeting in order to be distributed with the agenda and supporting materials and considered by the Board at the forthcoming meeting. It in the opinion of the General Manager, a written communication should not be distributed with the agenda and supporting materials without a draft response, which has | yet to be prepared, the written communication may be distributed later, but no later than at the forthcoming Board meeting. Written communications not directly related to an item on the agenda received after the 5:00 p.m. Tuesday deadline may be distributed with the agenda and supporting materials and considered by the Board at the forthcoming meeting if, in the opinion of the General Manager, time is of the essence for consideration of the written communication � � bv the Board. Written communications directly related toan item on the agenda will be accepted for distribution up to 3:00 p.m. on the day of the meeting. Written communications directly related to an item on the agenda but received after 3:00 p.m. on the day of a meeting must be accompanied by thirty copies for distribution in order to be considered by the Board as written communication at the meeting. � � Draft replies to written communications which have not been considered by the Board may be submitted with the written communication, provided such draft replies are labeled as follows: "Draft Response prepared by Staff." Any member of the Board may request that such written communication be placed on the agenda asanemergency item in accordance with Section 1.30 � � for consideration bv the Board. The Board shall consider the recommendation of the General Manager and determine whether a written communication shall be placed on the agenda in accordance with the procedures of Section 1.30, considered in connection with an item already on the agenda, and/or referred toe committee, a Director or staff for simple acknowledgement, response or draft response or shall � determine that an adequate response has been made. A written communication addressed to an individual Director may, at the discretion of the -5- ! individual Oirec±or, be considered a personal letter, a written communication or may be relayed bo the members ofthe Board asan informational item. Members of the public may read written communications into the District's record during oral communications at a regular meeting and offer explanations of any such document. The presiding member of the Board may limit presentations ofthe speakers, including the reading of awritten communication, to three minutes. Written communications received ata regular Board meeting shall be reproduced and distributed to absent Board members and to members of the | press who have requested supporting materials no later than the next regular mailing to the � Board. Written communications which are distributed bothe Board at time other than a regular mailing shall be distributed to members of the press who have requested supporting materials within two working days of when they are sent to the Board. Written communications accompanied by an extraordinary quantity of attachments may, at the discretion of the General Manager, be duplicated and distributed with some or all the attachments excluded. The General � Manager shall note on the written communication or in an accompanying memorandum that the � entire written communication, including attachments is available atthe District office for public review. The General Manager shall determine the most appropriate method for presenting the � attachments to the Board of Directors. Copies ofthe excluded attachments will bemade available on the same basis as any other public record. 1.49 Unfinished Business When a regular meeting is adjourned before the completion of the agenda, all unfinished items � shall be listed under Unfinished Business on the next regular Board meeting agenda, at the discretion of the General Manager or unless otherwise designated by a majority of the Board. | 1.50 Public Hearings Any matter which, in the opinion of the Board of Directors, President, or General Manager requires notice to and response by members of the public may be placed on the agenda under this category. 1.51 Board Business � These are business items being presented to the Board for consideration that do not fall under the category of Unfinished Business (see Section 1.49). Action in the form of an ordinance, � resolution, motion or direction to staff may be required for items in this category. � � 1.52 Informational Reports—Di rectors and Staff Informational, short reports by Directors and staff members on items of interest tothe District � may be given under this category. No action is expected but could occur ata regular meeting | � � with a vote asrequired by Section 1.30. | Revised Claims(Consent Calendar) 1.53 Public Resources Code § 5547, 5544.22 and 554Oasamended. No claims against the District shall be paid unless the same shall be first approved byamajority of the Board at a meeting thereof. Payment of employees'salaries and fringe benefits and other � recurring theBoardonanannua| ba�is. | � ' | 1.54 Closed Sessions � The Board may hold closed sessions from which the public may be excluded for the � � consideration of the following subjects: 1. Appointment, employment, evaluation of performance, or dismissal of an � employee orto hear complaints or charges brought against anemployee � / � 2. Labor negotiation matters 3. Proposed or pending litigation � 4. Real property transactions � -6- � � � | 5. Matters embraced within the attorney-client privilege � 6. Any other matters exempted by law (See Government Code § 54950 et seq., the Ralph M. Brown Act). Items to be discussed in closed session shall be listed on the agenda fora regular orspecial meeting. A closed session item of an urgent nature not listed on the agenda may be added to the agenda provided that any action taken be pursuant to Section 1.30. Prior to holding any closed session, the Board must disclose, inen open meeting, the item or � items to be discussed in the dosed session. The disclosure may take the form of reference to � the item or times as they are listed by number or letter on the agenda. The Board may consider only those matters covered in its statement during the dosed session. � � After any closed session, the Board shall reconvene into open session prior to adjournment and shall publicly report any action taken in dosed session and the vote or abstention of every Board member present. These reports may be made orally or in writing. | Copies of any contracts, settlement agreements, or other documents that were finally approved � � or adopted in dosed session shall be made available toany persons requesting such documentation. The requested documentation will be available at the end of the dosed session in which the final action was taken unless substantive amendments require retyping, in which case the documents will be available when the retyping is complete. � 1.60 Minutes � � Minutes of Board meetings shall be kept by the District Clerk. The District Clerk or his/her � designee shall make m record together with sense minutes ofsuch business as was actually passed upon by a vote of the Directors. A record shall be made of the names and addresses of � persons addressing the Board, the subject nna�ertowhich their remarks ne|mbad and whether � � they spoke in support or opposition tosuch matter. The District Clerk shall be responsible for � preparing and causing a copy of the minutes to be considered for approval to be forwarded to � each Board member in the next regular mailing orassoon thereafter as possible. � Minutes o[meetings bo be considered for approval shall be available without charge upon � request to public officials, newspapers within the District, and members of the public at the � District office as soon as available following the meeting. � � The official Board-approved minutes of meeting shall consist ofat least two separate � documents: 1\the copy ofthe proposed minutes forwarded to the Board for their consideration � ' | and approval, and 2) any additions or corrections ho the proposed minutes made by the Board during the approval or amendment process and recorded in the approved minutes of the subsequent Board meeting. � 1.70 Board Action Public Resources Code § 5547, 5544.2and S54Oaaamended. � A majority vote of all of the members of the board shall be sufficient of the taking of Board � action or the conduct of business except where action is required to be taken by"four-fifths of � the members of the District Board"or a"two-thirds vote of the Board"or language of similar | import. � Action of the Board of Directors shall be taken by ordinance, resolution, or motion duly recorded in the minutes of the meeting. The ayes and noes shall be taken upon the passage of � all ordinances, resolutions or motions and entered into the minutes of the Board. � � An ordinance or resolution shall not be passed or become effective without the affirmative vote � of at least a majority of the members of the Board. � � �- � � The enacting clause of all ordinances passed bv the Board shall bein these words: "Be it | ordained by the Board of Directors of the Midpeninsula Regional Open Space District." All ordinances and resolutions shall be signed by the President of the Board and countersigned by the Board Secretary, and all ordinances shall be published once within thirty (30)days after adoption in a newspaper ofgeneral circulation printed, published and circulated in the District. 1.80 Committees of the Board � | Upon by� nmajorityofBoardmembersinVpens��sionataregu|aror . -' � special meeting, standing or ad hoc committees composed of less than a quorum of Board members may te established and members appointed for the study of specific matters and � provide recommendations bo the Board on such matters. Ad hoc committees are temporary committees established to accomplish a specified task, and-do not have permanent subject | matter jurisdiction, . Standing committees have ongoing and permanent subject matter jurisdiction. The presiding officer of the Board shall appoint the committee members with the consent ufthe Board. e President may serve on standing and ad hoc committees, . 1.81 Standing Committees The following shall be standing committees of the Board with subject matter jurisdiction to perform the designated duties as set out herein and as assigned by the Board: (a) nd Budget Committee: Reviews the proppsed budget and any rgquired midyear budget amendments; makes budget recommendations to th Board; reviews Action Plan and Strategic Plan implementation; and receives reports from the District Controller concerning investment� of District funds and current and long-term fiscal analyses.Eaeh fiseal '-_ _ — - the p epesed budget and a . requiped midyearbudget amendments and makes budget Feeernmendatiens te the Beard,, ts leng term fiscal analyses-. � (b) Legislative, Funding and Public Affairs Committee: Reviews and makes recommendations to the Board on the proposed two-year legislative program; reviews Wliry � as assigned by the Board; reviews matters concerning District fundil3g, public affairs, and outreach; and reviews requests for naming District facilities, lands and preserves. � ff-=_` —'_-- ,-_, ._—_- .__'-_ -- -_ _-_-- Rules- _ . ._--__- __ ---- lands, and preseFyes-. bManaggment Plans, Resource Management Plans. amendments, and issues (including 1 : Reviews Use and consistena with related Board pglicies; conducts site tours relating to these matters as needed (includes trail use. facilities, structures, and resource management itgms). Reyiews tFail use pelicies and Use and Management Plans, and Plan Afnendfflents� eendu � | (d) Real Property Committee: Reviews leases; reviews consistengy with Board rental policies � concerning District real property; conducts site tours for potential | property � purchases and disposition of structures � | � | � '8- � � The Real ProQgft Committee set forth the following guidelines for site tours of real l2ropgr1y purchases: 1. Properties of regional significance 2. Coastal properties 3. Conservation partnership projects 4. Grant funded projects S. Properties with known strong public interest 6. Large properties 7. Properties with significant habitable structures 8. Properties with significant or unique use and management issues The Real Property Committee set forth the following guidelines for not holding site tours: 1. Remote properties with poor roadway access 2. Properties with existing hazardous or unsafe conditions 3. Property owners not willing to have a public tour at their property 4. Small, minor or inholding properties (e) Board Appointee Evaluation Committee: Reviews performance and employment contracts of Board appointed employees: General Manager, General Counsel, and District Controller. Other matters may be referred to an appropriate Standing Committee with prior approval of the Board. Such matters shall first be placed on a Board agenda by any Board Member or the General Manager for Board approval. The General Manager may also refer matters directly to an appropriate Standing Committee as needed to implement the District's Action Plan. Three Board members shall be appointed to serve on each standing committee. Appointments to the AdfflimistFatien-Action Plan and Budget Committee shall normally be made at the first regular meeting in January. The Treasurer shall be one of the three members of the AdfniaistFatie"Action Plan and Budget Committee. Appointments to the Board Appointee Evaluation Committee shall include the Board President and Vice President as two of the three members of the Committee. Appointments to other standing committees shall be made at the first regular meeting following the meeting at which officers of the Board are elected. 1.82 Standing Committee Meeting Notification Agendas for meetings of standing committees of the Board shall be posted in a location that is freely accessible to members of the public and posted on the District's website at least 72 hours before the meeting._-The agenda shall include the time and location for the meeting and a brief description of each item of business to be transacted or discussed at the meeting. Whenever possible, notices of standing committee meetings shall also be listed in advance on agendas for regular or special Board meetings. Agendas for standing committee meetings shall be forwarded to each person who usually receives an agenda for regular meetings and to each person who has requested notification of meetings of a particular committee. 1.83 Board Appointments to Outside Committees With the consent of the Board, the presiding officer of the Board may appoint a member to serve as a Board appointee on a committee, commission, board or other body that is not a committee of the Board. -9- � | � 1.90 Public Records All public nacmnde of the District shall be open to public inspection during District office hours Monday through Friday from 9:00a.nm. to 12:00 noon and from 1:00 p.m. to 5:00 p.m. holidays excepted. Holidays observed by the District are New Year's Day, Martin Luther King Jr. Day, | Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the day after Thanksgiving, the last four hours of last workday preceding the Christmas Day observance and Christmas Day. Ifa holiday falls ona Sunday, the holiday shall be observed on the following Monday. 1.95 Communications from Individual Directors Any written communication from a Director tothe public or Board in anyway related to the i Director's capacity esan elected District official shall be distributed tothe Board asa public informational item by the Director unless it is made clear in the communication that the communication is the opinion of the Director and not a Board position. 2.00 Recording mfMeetings | Tape recordings ofa Board meeting shall be made bvDistrict staff solely for the purpose of | facilitating the preparation of the minutes of the meeting (see Government Code § 6252). Each tape recording of a Board meeting may be erased six weeks after the approval of the minutes of � � a Board meeting. Any person attending an open and public meeting shall have the right to record the proceedings with an audio or video tape recorder or a still or motion picture camera in the absence of a reasonable finding of the Board that such recording cannot continue without noise, illumination, or obstruction of view that constitutes, or would constitute, a persistent disruption of the proceeding (Government Code § 549S3.5). 2.10 Candidate's Packets Informational packets shall be distributed at no charge prior toelections or appointment proceedings hocandidates who have filed for Directors'seats. 2.12 Unopposed Candidates and Candidates'Statements � In the case where there is a single candidate qualified to appear on the ballot, such candidate � shall not be permitted to have his or her name on the ballot (Public Resources Code § 55]3 (e)>. If such unopposed candidate requests that his or her candidate's statement be included in official � election material distributed to voters, the District shall bill such candidate for the cost thereof, including costs related to any required translation. � In those wards where two or more candidates have qualified to appear on the ballot, a � candidate may file a candidate's statement not exceeding 3ODwords. The District will pay for the cost of the statements, (and, if required by the respective county translations of candidates'statements pursuant to the Elections Code of the State of California, and no such candidate shall be billed for availing himself or herself ofthese services. 2.15 Annual Disclosure Statements Annual disclosure statements required by the Fair Political Practices Commission shall be � distributed to designated employees bvth� 0 strict Clerk and shall be returned to the District � �' Clerk bvApril 1of each calendar year. 2.20 Fees Charged for Special Mailings � Reasonable fees may be charged bvLh General M for reproducing d mailing materials � on special projects. � 3.30 Compensation of Directors and Payment of Expenses � Public Resources Code 65536 and 55]6.5. � - � -|0' / Members of the Board shall receive one hundred do �|ars /$1OO.0O\ �veacha�endance at / Board nmeetng. ABoard nnee�ngincludes a special —� ^meeting, a continued meeting, aclosed session, a public hearing, or a meeting of a standing committee of the Board. Attendance at an ad hoc committee meeting shall be compensable when determined to be so by the Board. Only Board members, who are members of the committee, or authorized substitutes appointed by the presiding officer, may be compensated for attendance at the meeting. A committee of the Board includes a committee of one and Board-appointed representatives on a committee established by other organizations. The maximum boho| compensation per Board member allowable under this | section shall be one hundred dollars ($100.00) per day and five hundred dollars ($500.00) per � calendar month. � � 2.35 Fiscal Year Beginning in 1989, the District's fiscal year shall commence onApril 1 and conclude on March 31. 2.40 Financial Instrument Signatories A. The authorized signatories to checks, warrants, withdrawal applications and the Santa Clara County claim forms of the Midpeninsu|a Regional Open Space District for payroll or for amounts less than $5,000 shall be any one of the following seven employees: (i) the General Manager, (ii) the Assistant General Manager, (iii) the Administration and Human Resources Manager, (iv) the Operations Manager, (v) the Public Affairs Manager, (vi) the Planning Manager, or(vii) the Real Property Manager. B. The authorized signatories to checks, warrants, withdrawal applications and Santa Clara county claim forms of the Midpeninsula Regional Open Space District in amounts of$5,000 or greater (excluding payroll) shall be two of the following employees: (i) the General Manager, (ii) the Assistant General Manager, (iii) the Administration and Human Resources Manager, (iv) the Operations Manager, (v) the Public Affairs Manager, (vi) the Planning Manager, or /vii\ the Real Property Manager. 2.50 Safe Deposit Box The authorized signature for entrance into the District's safe deposit box is any of the following: General Manager, Assistant General Manager, District Clerk, and Sr. Accounting Specialist. 2.60 Certificates of Acceptance and Acquisitions of Interests in Low-Value Real Property � by the General Manager � � A. In accordance with Government Code § 27281, Certificates of Acceptance for deeds or grants conveying any interest in or easement upon real estate to the District for public purposes � � shall be executed a5follows: � Certificate of Acceptance. The President ofthe Board of Directors, or, in his or her absence, � the Vice President of the Board of Directors, or the District's General Manager, are hereby � � authorized to consent to and accept on behalf of the Micipeninsula Regional Open Space � District, deeds or grants conveying any interest in or easement upon real property to the District for public purposes and to execute a Certificate of Acceptance as evidence thereof as required bvlaw. � � B. .The General Manager is hereby authorized to approve the acquisition of an interest in or easement upon | real property, or an option to acquire such an interest or easement, on behalf ofthe � Midpeninsula Regional Open Space District provided the following conditions are met: 1. The General Manager determines that the acquisition of such interest in or easement upon real property is necessary orappropriate in order for the District toeffectively acquire, plan, maintain and operate its system of open space preserves, and that such '|| � � acquisition is consistent with all applicable District regulations and policies concerning / acquisition of real property; and Z. The purchase price, option price, or, in the case of gift, the fair market value of the gift, does not exceed the General Manager's authority to expend District funds as provided in Section 5549 (b)(2) of the Public Resources Code and as authorized by the Board of the Directors; and 3. Prior to the General Manager's approval of an acquisition, the District undertakes all acts required by law prior bzacquiring msm| property, including compliance with the California � Environmental Quality Act; and 4. After acquisition, the General Manager shall notify the Board of Directors, in writing, of the acquisition or option and place upon the Board ofDirector's agenda at its regular meeting a Preliminary Use and Management Plan for the real property soacquired. Pursuant to the District's Public Notification Policy, the General Manager may determine that such Plan be presented to the Board for final adoption, in the event no public comments concerning the proposed plan have been received prior to Board action. Last amended: � November 12, 2OO8 September 24, 3OO8 June 14, 2OO6 October 26, 2OO5 | � February 11/ 2OO4 November 12, JO0] October 8, 2003 August 13, 2003 January 29, 2OO] January 1O, 2DO1 January 11, 1995 January 26, 1994 | June 18, 1991 / / RULES OF PROCEDURE APPENDIX A Closed Session Procedures and Standard Forms 1. At least 72 hours before a regular meeting of the Board of Directors and at least 24 hours � before special meeting, the District Clerk shall post the Board's agenda containing a brief general description of each item of business to be transacted or discussed in the closed � session. The description should be consistent with the form attached as"Standard Form No. � 1". Thedosedsessionsha|| a|sobeUstedontheagendabvnunnberas"C|osed5ess|on � Agenda Item No. ___.^ � � 2. Prior to the closed session, the Board of Directors shall convene in open session. � � The Board President shall announce the purpose or purposes of the dosed session, state the � statutory authority for the session and state the items to be discussed in the dosed session. � Alternatively, the Board President can refer bothe dosed session as listed on the : � � "The Board will hold a closed session for the purpose of discussing'Closed Closed Session Agenda � Item 0m ° � `__' . � 3. The Board then may adjourn to its closed session. � 4. At the conclusion of the closed session, a"Closed Session Minutes and Record of Action � Taken"form (Standard Form No. I) isprepared by the District Counsel, District Clerk or District General Manager. The form shall be entered in a Minute Book, which shall be � confidential document maintained by legal counsel. The Minute Book will be available for � inspection by any Board member or other authorized person. S. Where final action has been taken on a matter in closed session, the Board shall reconvene � into public session, and the President shall made any public announcements required by � Section 54957.1of the Ralph M. Brown Act. � 6. Confidentiality is essential if dosed session is to esn/e its statutory purpose. Therefore, � Board members and staff will adhere to a strict policy of confidentiality. No person may � disclose any statements, discussion, documents, or votes made in a dosed session except � where authorized by the Board or where required by the Ralph M. Brown Act. � � � � � � � � � � � � � | � STANDARD FORM NO. I � CLOSED SESSION AGENDA DESCRIPTIONS � Type ofClosed Session Item: | 1. Conference with Real Property Negotiator � 3. Conference with Legal Counsel — Existing Litigation � ]. ConfenencevvithLega| Counse| —AnticioatedLitigation � 4. Public Employment Item 5. Labor Negotiations i | S. Other—checkwith District Clerk 1. Conference with Real Propeft Negotiato � Real Property mrProperties: Specify street address, orifnostreet address, the parcel number or other unique reference Negotiating Parties: Specify name of person with whom negotiator may negotiate Under Negotiations: Specify whether instruction to negotiator will concern price, terms of � payment, orboth 2. —Govt. Code § 54956.9(a) � A. Name of Case (Identify each case by reference to title of case, claimant's name, name of parties, or claim numbers) B. If disclosing the case name of existing litigation would jeopardize service of process or jeopardize ongoing settlement negotiations: � Name of Case Unspecified: Disclosure will jeopardize service of process ofongoing � � settlement negotiations. � 3. —Gmvt. Code § 54956.9(b) A. When you desire to hold a closed session relating to anticipated litigation that � has not yet been filed, the agenda description will be: � Conference with Legal Counsel —Anticipated Litigation. Significant exposure to litigation (specify number of potential cases) � No. ofcases: B. If deciding whether or not to initiate litigation, the description will be: Conference with Legal Counsel —Anticipated Litigation. Initiation of litigation (specify number ofpotential cases) � No. ofcases: . � � � � ! 4. Public Employmen A. Public Employee Appointment i Title of Position tobeFilled: | � B. Public Employee Employment, Evaluation orDismissal Title of Position Being Filled orReviewed: � C. Public Employee Discipline, Dismissal orRelease � (Nofu�herd�scrptk�nne��ssan ` ') � S. Labor Neciotiations A. Conference with Labor Negotiator— Represented Employees � � Agency: Employee Organization: B. Conference with Labor Negotiahnr—Unrepresented Employees Agency Negotiator: � Unrepresented emplovae(s) orgroup: � | � � | i � � ] | Midpeninsula Regional ' Open Space District i R-13-20 Meeting 13-05 February 13, 2013 AGENDA ITEM 4 AGENDA ITEM Review and Approval of Amendments to the Board of Director's Rules of Procedures GENERAL MANAGER'S RECOMMENDATION n rove the proposed amendments to the Board of Directors Rules of Procedures. Reviewand approve p p SUMMARY At its December 19, 2012 special meeting, the Board of Directors (Board) approved changes to Board Committee structure and charges (see Report R-12-124). As part of this Agenda Item, the Board is asked to review and approve the proposed amendments to the Board of Director's Rules of Procedures to reflect the newly approved changes in Committee structure and charges. DISCUSSION At its December 19, 2012 special meeting, the Board held a Study Session to discuss proposed changes to Committee structure and charges. Staff provided a proposed Committee meeting structure that consolidated the three Ad Hoc Committees (Facilities, Cooley Landing and Sierra Azul/Bear Creek Redwoods) into the Planning and Natural Resources Committee(formerly Use and Management Committee) and changing the Board Appointee Evaluation Committee into a Standing Committee. Along with the proposed changes to the Committee structure, the Board approved amendments to the Committee charges based on discussions staff held with Committees (see Attachment 1). Due to these changes, it is necessary to update the Board of Director's Rules of Procedures (see Attachment 2). Below is a detailed outline of the changes to the Committee charges that were approved by the Board on December 19, 2012: Real Property Committee A. Add language that provides guidelines for site tours of potential real property purchases and associated preliminary use and management recommendations. The guidelines for site tours of real property purchases include: ■ Properties of regional significance a Coastal properties ■ Conservation partnership projects ■ Grant funded projects a Properties with known strong public interest R-13-20 Page 2 a Large properties a Properties with significant habitable structures ■ Properties with significant or unique use and management issues B. Add language that provides guidelines for not holding site tours. Those guidelines include: ■ Remote properties with poor roadway access ■ Properties with existing hazardous or unsafe conditions ■ Property owners not willing to have a public tour on their property ■ Small, minor or inholding properties C. Adding language to specify that "long term leases" are lease terms that are in excess of one year. D. Add language to specify that the Real Property Committee reviews the preliminary use and management recommendations associated with proposed new land purchases, which typically address issues such as: site safety; the need for additional property surveys, studies or assessments after purchase; patrol routes; public access; site cleanup and demolition of structures; existing rentals or leases of structures; and assigned and assumed grazing, agricultural and other leased uses. E. Add language that states that the Real Property Committee will review structures identified for disposition that are associated with new land purchases, and that property management structures considered for disposition will be considered by the Planning and Natural Resources Committee. Legislative, Funding, and Public Affairs Committee (LFPAQ A. Add language to clarify the Committee charge of reviewing: ■ Issues pertaining to legislative actions (Board policies, state, federal, or other agency actions concerning District business) • Study of funding sources pertaining to District finances ■ Public Affairs' plans for public interactions (polls, events, recognitions on District lands, signs and sign locations) Planning and Natural Resources Committee A. Add language to include the Committee charge of reviewing: ■ Resource Management Policies, Plans and Amendments ■ Agriculture (including Grazing) Management Plans and Leases Board Appointee Evaluation A. Add language to state that the charge of the Board Appointee Evaluation Committee is to conduct Board Appointee evaluations. B. Add language to state that two of the three members of the Committee must be the President and Vice President. FISCAL IMPACT There are no unbudgeted fiscal impacts with this agenda item. R-13-20 Page 3 BOARD COMMITTEE REVIEW Although the charge of reviewing the Board of Director's Rules of Procedures falls onto LFPAC, the Board requested that these amendments be brought directly to the full Board. In the future, amendments to the Rules of Procedures will be sent to LFPAC for initial review. PUBLIC NOTICE Notice was provided pursuant to the Brown Act. No additional notice is necessary. CEQA COMPLIANCE This agenda item is not a project under the California Environmental Quality Act (CEQA). NEXT STEPS If approved, staff will update the Rules of Procedures and distribute revised copies to the Board and appropriate staff members. Attachment: 1. Board-Approved Changes to Board Committees Structure and Charges 2. Amended Rules of Procedures Responsible Department Head: Ana Ruiz, Interim Assistant General Manager Prepared by: Michelle Radcliffe, District Clerk Contact person: Steve Abbors, General Manager Ana Ruiz, Interim Assistant General Manager Michelle Radcliffe, District Clerk ATTACHMENT I Board-Approved Changes to Board Committee Structure and Charges Standing Committees I Action Plan and Budget Committee Department Support: Administration Charge: Reviews the proposed budget and any required midyear budget amendments; makes budget recommendations to the Board; reviews Action Plan and Strategic Plan implementation; and receives reports from the District Controller concerning investments of District funds and current and long-term fiscal analyses. 2. Legislative, Funding and Public Affairs Committee Department Support: Public Affairs Charge: Reviews and makes recommendations to the Board on the proposed two-year legislative program; reviews policy matters related to the Board's Rules of Procedures and other Board policies and regulations as assigned by the Board; reviews matters concerning District funding, public affairs, and outreach; and reviews requests for naming District facilities, lands and preserves. 3. Planning and Natural Resources Committee Department Support: Planning, Natural Resources, and Real Property Charge: Reviews Use and Management Plans, Resource Management Plans, amendments, and issues (including consistency with related Board policies; conducts site tours relating to these matters as needed (includes trail use, facilities, structures, and resource management items). 4. Real Property Committee Responsible Department: Real Property Charge: Reviews leases; reviews consistency with Board rental policies concerning District real property; conducts site tours for potential real property purchases and disposition of structures at time of District purchase. The Real Property Committee set forth the following guidelines for site tours of real property purchases: ■ Properties of regional significance ■ Coastal properties ■ Conservation partnership projects ■ Grant funded projects ■ Properties with known strong public interest ■ Large properties ■ Properties with significant habitable structures ■ Properties with significant or unique use and management issues Page 1 ATTACHMENT 1 I The Real Property Committee set forth the following guidelines for not holding site tours: ■ Remote properties with poor roadway access ■ Properties with existing hazardous or unsafe conditions ■ Property owners not willing to have a public tour at their property ■ Small,minor or inholding properties 5. Board Appointee Evaluation Committee Department Support: Administration Charge: Reviews performance and employment contracts of Board appointed employees: 7 General Manager, General Counsel and District Controller. i i Page 2 RULES OF PROCEDURE Section 1.10 Regular Meetings Public Resources Code § 553S � | Regular Meetings of the Board of Directors of the Midpeninsula Regional Open Space District � � shall be held onthe second and fourth Wednesday of each month beginning on or afterat the � � | hour of75:O0p.m. Meetings shall be held at such place or places within the District as shall be determined bv the Board ofDirectors. A majority of the members of the Board may cancel a | meeting for cause orcall the regular meeting for a different date ortime. _At least 72 hours � before a regular meeting, the agenda for the regular meeting containing thetime and location ' � for the meeting and a brief description of each item of business to be transacted or discussed at � | � the meeting, including Kennm to be discussed in closed session, shall be posted in a location that � | is freely accessible to members of the public . _Ifa regularly scheduled meeting occurs onthe evening preceding Thanksoiv|ng �rChridxnam �v�orone � - | ho|iday, the regular meeting shall be rescheduled orcanceled. | 1.13 Special Meetings Special meetings may be called at any time by the President or at the request ofa majority of � the members of the Board. Except in the case ofan "emergency situation"aadefined � (Government Code § 54956.5), written notice of such meeting shall be posted in a location that � � is freely accessible to members of the public, -and delivered � � | p�n��n�Uy0rbvrnai| ho each nmernberof the Board and to each local ' � newspaper of general circulation at least 24 hours before the time specified for the meeting in | the notice, provided that, unless otherwise provided by law, the failure to give orreceive notice � | shall not affect the validity of any action taken at the meeting. _The notice shall specify the time and place of the special meeting and the business to be transacted, which shall be determined bv the Board orbv the General Manager in consultation with the President. No other business | shall be considered at the meeting. _The agenda for a special meeting at which action is � proposed to be taken on an item shall provide an opportunity for members of the public to directly address the Board concerning that item prior boaction in the item. � 1.14 Meetings to be Public � Public Resources Code § 553S. � All meetings of the Board of Directors shall, as provided by law, be open and public and shall be � conducted in accordance with the Ralph M. Brown Act of the State of California. (Government � . � Code § 54950etseq., the Ralph M. Brown Act.) 1.16 Quorum � � Public Resources Code § SS3S. � A1 any meeting mfthe Board a majority of the Directors shall constitute a quorum for the � | transaction ofbusiness. When there isno quorum, the President, the jef-Vioe'Pvesident, the ef District Clerk or any other member ofthe Board of Directors, shall adjourn such meeting. 1.18 Smoking It shall be unlawful for any person tosmoke at any time at the meetings of the Board of Directors. 1.20 Legislative Body � Public Resources Code G5S37. � The Board of Directors is the legislative body of the District and shall determine all questions of � � policy. � -|- � ' 1.22 Board of Directors: Election of Officers Public Resources Code § SS3S. At the first regular meeting inJanuary of each year, the Board of Directors shall choose one of its members, President, and another Vice-President, who shall act for the President in his/her | absence or disability._The Board shall choose one of its members to serve as Board Treasurer � and another hz serve asSecretary. � Each officer shall be voted on separately. Elections shall be by signed ballot and counted by the District Clerk. The candidate receiving a majority of the vote of the members ofthe Board shall he elected. After the election, the ballots shall be available for public inspection. 1.24 Duties mfthe Presiding Officer Public Resources Code § 5548. The President, or in his/her absence, the Vice-President, shall be the presiding officer of the Board and shall assume his/her place and duties as such immediately following his/her election. � The presiding officer shall preserve order at all meetings of the Board, announce its decisions on � | all subjects, and decide all questions of order, subject to an appeal to the board._ shallparticipate in debate, make motions, and vote on allquestions as other members of the � Board. � � The President shall sign all ondinances resolutions, � ' � � District after they have been approved bv the Board, shall signfinancia| instnumentsas � | appropriate, and He Shesf*e shall perform such other duties as may be imposed upon him/her � � bv the Board. ln the absence of the President, minthe event of his/her inability to act, the Vice-President shall | perform all the powers and duties of the President.- If both the President and Vice-President are � absent or unable to act, the Board may select a president pro tempore who shall perform all the � � powers and duties of the President. � � 1.26 Rules of Order � Robert's Rules of Order shall be followed as interpreted by the presiding officer, subject to an appeal ho the Board. In the event ofa conflict between these Rules of Procedure and Robert's � � � Rules of Order, these Rules of Procedure shall control. � 1.27 Board Treasurer � The Treasurer shall be a member ofthe Budget Committee and shall sign financial instruments as appropriate. � � � 1.28 Board Secretary � Public Resources Code § 5551 and 5S52. � � Unless otherwise directed by the Board, the Board Secretary shall countersign all ordinances and � � resolutions and the District Clerk shall countersign all contracts and conveyances approved by � | the Board. -In the absence of a Secretary, or in the event of his/her inability to act, the Board � � � may select a secretary pro tempormwho shall perform all the duties ofSecretary. � � 1.30 Agenda � � All reports, ordinances, resolutions and other matters intended to be considered by the Board at � its regular meeting shall be delivered to the District Clerk no later than 5:00 p.m. on the | preceding Wednesday for rnahada| requiring typing or other preparation, and not later than S:OD � � p.m. on the preceding Thursday for nneteha| requiring reproduction only. � Any Board member or Board appointed staff member may place a matter on the agenda for � Board consideration. The District Clerk shall prepare the agenda according bz the order of � � '2- � | business as determined bv the General Manager. A copy ofthe agenda and all available supporting materials shall be mailed by 5!00 p.ffi the end of the business jay, on the Friday preceding each regular Board meeting. � the SaWfflay pFeeeding eaEh FegulaF BeaFd fneeting. -Supplementary materials may bereceived by the District Clerk after that time, provided the matter refers hoan already agendized item. � Agendas will be available with no charge upon request to public officials, newspapers in the � District, and members of the public at the District office by 9:00 a.m. on the Monday preceding the regular meeting. -Agendas will be posted in a location that is freely accessible bo members of | the publicand t least 72 hours before a regular meeting orat least 24 hours before a special meeting. | Supporting materials (reports, memoranda, resolutions, non-confidentia| vvrittencomrnunicaUons � to the Board, and other informational materials not previously published or distributed) may be obtained upon request by public agencies, newspapers in the District and members of the public at the District office by 9:00 a.m. on the Monday preceding the regular meeting, and 24 hours before a special meeting. | � Written materials distributed during a public meeting by any person in connection with a matter ' subject to discussion or consideration shall be made available for inspection at the meeting if prepared by District staff orbya member of the Board, or immediately after the meeting if prepared bv some other person. � / � Absent extraordinary circumstances, communications to the Board from members of the public � � | shall be deemed non-monfidentia|. A memorandum from the General Manager explaining the � Justification for this decision "not to distribute materials to members of the public"shall accompany the written communications when sent to the Boand.- - | | fliateriaetheFwtheEestFepFedud � � � en � item5 of business not appearing on the posted defined in Government Code Section 54956,5; 2) Upon a determination by a two-thirds vote o UWn a determination by a majority vote of the Board that an emerqen�y situation exists, as � members l2resent, that there is a need to take immediate action and that the need fQr ggtion � came to the attention of the Board subsgquent to the agenda being pgsted. (See Government � � � � � | � | � by the ~°~`+ r"`~e~ that ''~^°- s Elee '~~ ~' be ef an ~'g^ ^ '~~~e by ~ ~`~ ~^'~~ `~^~ ~ 1.31 Board Member Requests to Place Matters omthe Agenda for Reconsideration If the Board has previously voted one matter, a Board member may place a request for reconsideration mf the prior Board on �he if | action -~--- | side. A motion to reconsider may be made at the same meeting such action was taken, the next Regular Board meeting, or any intervening Board meeting. lf the motion tm reconsider iy � made and approved at the same meeting the action was taken, the matter may be reconsidered at that meeting, at the next Regular Meeting, or any intervening Board meeting, at the � discretion of the Board of Directors. After a motion to reconsider has been made and approved | by a majority of the Board, unless the matter is reconsidered at the same meeting Board action was taken, the District Clerk shall place the prior Board action on the Board agenda for � � reconsideration at the next Regular Meeting, an intervening Board meeting, or at the earliest � -3- feasible Board meeting if it is infeasible to agendize the matter at the next Regular Meeting, | unless otherwise directed by the Board. The reconsideration rules contained in this Section shall not limit the Board's inherent legislative authority to rescind, amend, repeal, or otherwise nullify prior Board action at subsequent Board meeting. The reconsideration rules in this Section are not applicable to Board-appointed employees or their designees who rnayagendize matters for reconsideration, amendment, rescission, or repeal if deemed necessary to efficiently conduct District business or accomplish the District's mission. (ReportR-U8-13O) 1.40 Order of Business The order of business shall be determined by the General Manager for the purpose of preparing meeting agendas, using the following format, unless inthe General Manager's opinion, a � different order would be more appnopriate' � . � 1. Roll Call � 2. Pledge of Allegiance (see Section 1.42) � ]. Oral Communications � 4. Special Orders of the Day 5. Adoption of Agenda � � 6. Adoption of Consent Calendar � 7. Approval o[Minutes (Consent Item) 8. Written Communications (Consent Item) 9. Unfinished Business 10. Public Hearings 11. Board Business 12. Informational Reports—Directors andStaff 13. Revised Claims (Consent Item) 14. Closed Session 15. Adjournment The order of business as set forth in the meeting agenda shall not bedeparted from except bv consent of the majority of the Board. 1.41 Roll Call Before proceeding with the business of the Board, the District Clerk or minute taker shall call the roll of the Board of Directors, and the names of those present shall be entered into the minutes. 1.42 Pledge of Allegiance The Pledge of Allegiance shall be recited at the first meeting of July, and a special presentation � shall be made at that time. 1.43 Oral Communications—Public Members of the public may address the Board under the category Oral Communications during meetings on any matter not on the agenda concerning the affairs of the District. The presiding member uf the Board may limit presentations of speakers under this section as necessa!Y and | appropriate for the orderly management of the meeting, which under normal circumstances will | bCto three minutes.- If the C}na| Communications category exceeds fifteen minutes, the President, with the approval of the Board, may delay additional oral communications to a designated time later in the meeting. Members of the public may address the Board onany agenda item when that item is considered bv the Board. � . | Absent extraordinary circumstances, the Board will not discuss eKOra| eComnnunicaUonitems � unless the communication relates to an item appearing on the agenda for that meeting. The | Board may briefly respond, ask questions for clarification, provide information resource � 4' � � � � i references, request staff to report back atafuture meeting, or place the item on the agenda of future meeting. A member of the public may request undereOny|*Communications that an item be removed | from the c[onsenL*Ca|endar. � 1.44 Special Orders mf the Day Any Board member or Board appointed staff member may schedule special presentations, introductions or other activities deemed appropriate to this category, which shall be placed on the agenda by the District Clerk. � � 1.45 Adoption of Agenda | The Board shall determine the order of business to be considered at regular meetings, including � placement of items removed from the consent calendar, and shall adopt the agenda, with additions or deletions. _[>n|y items of an urgent nature may be added to the agenda at this time � | provided that be taken pursuant Section � 3O. / � . ' . � | 1.46 Adoption of Consent Calendar � The following items shall normally be included on the eConsenteCa|endan 1) approval of � minutes;- 2)vvri�en communications; -3) agenda items Manager not | � | ' ' ! | require Board discussion; and -4) revised claims. _A|| items on the eConoenteCa|endar shall be � approved by motion unless a request is made by Board nlemberto remove an item from � . . � the consent calendarforseparatediscussion. -Amemberof the public may request under eOra| � � | � +��n�rnun�at�n�that Board remove an ��n) fn�n� the �v separate | � discussion. 1.47 Approval mf Minutes(Consent Item) | | Unless removed from the eConoent eCa|endar by a member of the Board or the public, the � minutes of the previous Board meeting(s)� shall b� approved without reading during the adoption | ' � of provided that the District Clerk has previously furnished each � � member of the Board with acopy. � � � 1.48 Written Communications(Consent Item) � The District Clerk is authorized to receive and epen+o|| mail addressed to the | | Board of Directors from rnernbes of the public. _Any such vvyyriMan eConnmmunication addressed � to the Board shall be reproduced and distributed in the next regular mailing to the Board � � | members and to members of press who have requested supporting materials (�ys ~ *=�=� ` Section1.3O). � | All v*WrK±eneComnmnunicaLions, unless they relate to an Kenl on the agenda, must be received no � later than 5:00 p.m. on the Tuesday the week preceding a Board meeting in order to be | � distributed with the agenda and supporting materials and considered by the Board at the � | forthcoming meeting.- I� in the opinion of General Mana��r, a v��ri�en e�omrnunication � .- ' � should not be distributed with the agenda and supporting materials without a draft response, � � which has yet ho be prepared, the v*Vyritten*Comnnlunicat/on may be distributed later, but no � | later than at the forthcoming Board meeting.- Written eComnmnunications not directly related to an � item on the agenda received after the 5:00 p.m. Tuesday deadline may be distributed with the agenda and supporting materials and considered by the Board at the forthcoming meeting if, in | / the opinion of the General Manager, time is of the essence for consideration of the written | � communication by[he Board. VVhdrn*Cornnmunicationsdirectly ne|a�dtoen item on the ' � � agenda will he accepted for distribution up to 3:00 p.m. on the day of the meeting. _VVrh±en � � | eComnmunicatiunsdirect|y related toan item on the agenda but received after3:OO p.m. on the / � . � day of a meeting must be accompanied by thirty copies for distribution in order to be considered | by the Board aswWrittencCommunicationatthe meeting. | � � | Draft re����� ��mun����� h� � b� ��d �� B�� r� | | ' ' | be submitted with the wWritten eCommunication, s� d� ���a� �� � | --'--- — 8d��� �� R��n� ��r� � ��" Any member of the Board may request that such written communication be placed on the agenda as an emergency item in accordance with Section 1.30 for consideration by the Board. The Board shall consider the recommendation of the General Manager and determine whether a | | vvyVriMeneCommnmunicmtion shall be placed on the agenda in accordance with the procedures of � . Section 1.30, considered in connection with an item already on the agenda, and/or referred hoa committee, a Director or staff for simple acknowledgement, response or draft response or shall determine that an adequate response has been made. A vvVyrithen eCornmnunication addressed to an individual Director may, at the discretion of the individual Director, be considered a personal letter, avvVVhtteneConnnnunisation or may be relayed bo the members of the Board aaan informational item. Members of the public may read wWritten c-Communications into the District's record during � � | eOral eCommunications at a regular meeting and offer explanations of any such document. -The � presiding member of the Board may limit presentations of the speakers, including the reading of � | a written communication, to three minutes. VV,itteneComnrnunicaUons received at regular � Board meeting shall be reproduced and distributed to absent Board members and to members of the press who have requested supporting materials no later than the next regular mailing tothe Board. Written eCommnunications which are distributed to the Board at time other than a � regular mailing shall be distributed to members of the press who have requested � supporting materials within two working days of when they�are sent to the Board. lWritten | � | eCommunicabons accompanied bvan extraordinary quantity of attachments may, atthe � discretion of the General Manager, be duplicated and distributed with some or all the attachments excluded. The General Manager shall note on the written communication or in an | accompanying nnernmnandurn that the entire**Whtten *Communication, including attachments is available at the District office for public review. The General Manager shall determine the most � � appropriate Copies � � ' | excluded attachments will be made available on the same basis as any other public record. 1.49 Unfinished Business When a regular meeting is adjourned before the completion of the agenda, all unfinished items shall be listed under Unfinished Business on the next regular Board meeting agenda, at the � � discretion of the General Manager or unless otherwise designated by a majority of the Board. � � 1.50 Public Hearings Any matter which, in the opinion of the Board of Directors, President, or General Manager requires notice to and response bv members of the public may beplaced on the agenda under this category. � 1.51 Board Business � These are business items being presented to the Board for consideration that do not fall under � � the category of Unfinished Business (�e� Section 1.49). Action in the form of ordinance, � ` � � resolution, motion or direction to staff may be required for Merny in this category. � � 1.52 Informational Reports—Di rectors and Staff Informational, short reports by Directors and staff members on items of interest tothe District � may be given under this category. No action is expected but could occur ata regular meeting � with a vote asrequired by Section 1.30. � | Revised Claims(Consent Calendar) � 1.53 Public Resources Code § SS47 S544.23 and 5540amamended. � � � � � � No claims against the District shall bec� u�� � �� �� ��� �mm�� | .�� �� -,,_.-_ ' � of the Board atameeting thereof. Payment of employees'salaries and fringe benefits and other recurring claims may beauthorized by the Board onan annual basis. 1.54 Closed Sessions The Board may hold closed sessions from which the public may be excluded for the | consideration of the following subjects: | 1. Appointment, employment, evaluation of performance, or dismissal mfan ! employee orto hear complaints or charges brought against anemployee 2. Labor negotiation matters ]. Proposed or pending litigation � 4. Real property transactions _57 � | ��. Any by | --------- ' ' ! ataeq, the Ralph M. Brown Act). � Items to be discussed in dosed session shall be listed on the for m�7ukarorspsc�| � � meeting. A ���d i item urgent at ot |ist��-=-'-- d be added to � o�eenng. closed an onzne�genoanlay the agenda provided that any action taken be pursuant to Section 1.30. � Prior holding any closed session, the Board must disclose, inan open meeting, | | the item or itenls4e-beto_be discussed in the dosed session. The disclosure may take the form � of reference to the item or times as they are listed by number or letter on the agenda. The � Board m�yoonsideronk/tbm�e nn��mrs covered in �� statement during the closed session. � | AfWIf any closed session, is continued after the public meeting, the Board shall reconvene into open session prior bo adjournment and shall publicly report any action taken in dosed session � and the vote or abstention of every Board member present. These reports may be made orally or � in writing. � � Copies of any contracts, settlement agreements, or other documents that were finally approved � or adopted in closed session shall be made available to any persons requesting such � | documentation approval. The requested documentation will be available at the end of the closed session |n which the final action was taken unless � substantive amendments require retyping, in which case the documents will be available when � the retyping is complete. � 1.60 Minutes � Minutes of Board meetings shall be kept by the District Clerk. The District Clerk or his/her designee shall make record togetherw8h sense minutes of such business ns was actually passed upon by a vote of the Directors. A record shall be made of the names and addresses of persons addressing the Board, the subject matter to which their remarks related and whether � they spoke in support oropposition to such matter. The District Clerk shall be responsible for preparing and causing a copy of the minutes to be considered for approval to be forwarded to each Board member in the next regular mailing orassoon thereafter as possible. Minutes mf meetings bo be considered for approval shall be available without charge upon � request to public officials, newspapers within the District, and members of the public at the District office as soon as available following the meeting. The official Board-approved minutes of a meeting shall consist of at least two separate documents: 1\ the copy of the proposed minutes forwarded to the Board for their consideration | and approval, and-2) any additions or corrections to the proposed minutes made by the Board during the approval or amendment process and recorded in the approved minutes of the � -7- � subsequent Board meeting. 1.70 Board Action Public Resources Code § 5547, 5544.2and 554Oasamended. | A majority vote of all of the members of the board shall be suffidenteffor the taking of Board action or the conduct of business except where action is required to be taken bv"four~fifths of the members of the District Board"or a"two-thirds vote of the Board"or language of similar import. Action of the Board of Directors shall be taken by ordinance, resolution, or a motion duly recorded in the minutes of the meeting. The ayes and noes shall be taken upon the passage of � all ordinances, resolutions or motions and entered into the minutes of the Board. � An ordinance or resolution shall not be passed or become effective without the affirmative vote � of at least emajority of the members of the Board. � � The enacting clause of all ordinances passed by the Eb»and shall be in these words: "Be it � ordained by the Board of Directors of the Midpeninsu|a Regional Open Space District." � All ordinances and resolutions shall be signed by the President of the Board and countersigned � � by the Board Secretary, and all ordinances shall he published once within thirty (30) days after adoption in a newspaper ofgeneral circulation printed, published and circulated in the District. � � 1.80 Committees of the Board � | Upon passage of motion by a majority of Board members in open session at regular or i special meeting, standing or ad hoc committees composed of less than a quorum of Board � members may be established and members appointed for the study of specific matters and | � provide recommendations to the Board on such matters. Ad hoc committees are temporary � � committees established to accomplish a specified task, afid-do not have permanent subject � | matter jurisdiction, . Standing committees have ongoing and � permanent subject matter jurisdiction. The presiding officer of the Board shall appoint the � committee members with the consent of the Board. � en any standinge President may serve mn standing � and ad� hoc committees, . member te serve as a| - alternate en any � | � � 1.81 Standing Committees The following shall be standing committees of the Board with subject matter jurisdiction to � � perform the designated duties as set out herein and as assigned by the Board: � � ��' � (a) Action nd Budget Committee: Reviews the propgsed budget and any Muired midyear budget amendments; makes budget L(Lcgmmgndations to thg � the District Controller concerning investments of District funds and current and long-term / � � fiscal analyse Eaeh fiseal yeaF Feviews the pfepesed budget and any.`=+=`=" ,.""'=". budget_amendments and makes budget .___--_—_--_ _- the --_-' �___.__ �-,_�_ � � _ eng teFm fiscal analyses-. (N Funding �� Public Committee:� `-' ^^��~.,., . � � | recommendations to the Board on the 12rol2osed two-year legislative l2rogram; review5 1291kY matters Lelated to the Board's Rules gf Procedures and other Board l2olicies and regulations as assiqngd by the Board; reviews matters concerning District funding, public affairs, and outreach; and reviews Muests,for naming District facilities, lands and greserves. � | . ,r-=_, __- -' —_—_- Felated _ _the --_-- Ru -- — -_-__ and ether � � � � BeaFd pelieies and Fegulatiefis as assigned by the BeaFds, Feyiews FnatteFs Distriet funding and publie affaifs I and Feyiews Fequests feF naming Distriet faeilitie , lands, a d pFeseFyes. (c) Planning and Natural Resources Use and Hanagemeot-Committee: Reviews Use and Management Plans, Resource Management Plans, amendments, and issues (including consistency with related Board policies; conducts site tours relating to these matters as needed (includes trail use, facilities, structures, and resource management items). Reviews tFail use pelieies and Use and Management Plans, and Plan Amendments; eenduets site teurs Felating te these matters as needed. (d) Real Property Committee: Reviews leases; reviews consistency with Board rental policies concerning District real property; conducts site tours for potential real property purchases and disposition of structures at time Of Durchase.as needed. The Real Propefty Committee set forth the following guidelines for site tours of real property purchases: 1. Properties of regional significance 2. Coastal properties 3. Conservation partnership projects 4. Grant funded projects 5. Properties with known strong public interest 6. Large properties 7. Properties with significant habitable structures 8. Properties with significant or unique use and management issues The Real PropeM Committee set forth the following guidelines for not holding site tours: 1 . Remote properties with Mr roadway access 2. Properties with existing hazardous or unsafe conditions 3. Property owners not willing to have a public tour at their propgM 4. Small, minor or inholding properties (e) Board Appointee Evaluation Committee: Reviews performance and employment contracts of Board appointed employees: General Manager, General Counsel, and District Controller. Other matters may be referred to an appropriate Standing Committee with prior approval of the Board. Such matters shall first be placed on a Board agenda by any Board Member or the General Manager for Board approval. The General Manager may also refer matters directly to an appropriate Standing Committee as needed to implement the District's Action Plan. Three Board members shall be appointed to serve on each standing committee. Appointments to the AdministFatieFv-Action Plan and Budget Committee shall normally be made at the first regular meeting in January. -The Treasurer shall be one of the three members of the AdminiStFatie"Action Plan and Budget Committee. Appointments to the Board Appointee Evaluation Committee shall include the Board President and Vice President as two of the three members of the Committee. Appointments to other standing committees shall be made at the first regular meeting following the meeting at which officers of the Board are elected. -9- 1.82 Standing Committee Meeting Notification Agendas for meetings of standing committees of the Board shall be posted in a location that is freely accessible to members of the public least 72 hours | before the meeting. _-The agenda shall include the time and location for the meeting and a brief � description of each item of business to be transacted or discussed at the meeting. Whenever � possible, notices of standing committee meetings shall also be listed in advance on agendas for regular orspecial Board meetings. Agendas for standing committee meetings shall be forwarded to each person who usually receives an agenda for regular meetings and to each person who has requested notification of meetings ofa particular committee. 1.03 Board Appointments to Outside Committees � With the consent ofthe Board, the presiding officer of the Board may appoint a member to serve as a Board appointee on a committee, commission, board or other body that is not a committee of the Board. � � 1.90 Public Records � All public meoznjs of the District shall be open to public inspection during District office hours � � Monday through Friday from 9:OOa.nn. to � | ho|ida . Holidays observed by the District are New Year's Day, Martin � Luther King Jr. Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the day after Thanksgiving, the last four hours of last workday preceding the Christmas Day observance and Christmas Day. Ifa holiday falls ona Saturday, the holiday shall be observed on the pftyjptLsl2receding Friday. If a holiday falls on a Sunday, the holiday shall be observed on the following y4onday. 1.95 Communications from Individual Directors � Any written communication from a Director to the public or Board in any way related to the Director's capacity asan elected District official shall be distributed to the Board as public informational item by the Director unless it is made clear in the communication that the communication is the opinion of the Director and not Board position. 2.00 Recording wfMeetings | Tcpe-{}klftal.recordings of Board meeting shall be made by District staff solely for the purpose of facilitating the preparation of the minutes of the meeting (see Government Code § 6252). | Each recording ofa Board meeting may be erased six weeks after the approval ofthe minutes ofa Board meeting. � Any person attending an open and public meeting shall have the right to record the proceedings � with an audio or video tape recorder ora still or motion picture camera inthe absence ofa reasonable finding of the Board that such recording cannot continue without noise, illumination, or obstruction of view that constitutes, or would constitute, a persistent disruption of the � proceeding (Government Code § 54953.5). 2.10 Candidate's Packets � Informational packets shall be distributed at no charge prior to elections or appointment proceedings Lo candidates who have filed for Directors'seats. � 2.12 Unopposed Candidates and Candidates'Statements In the case where there is single candidate qualified to appear on the ballot, such candidate � shall not be permitted to have his or her name on the ballot(Public Resources Code § 5532 (e)). If such unopposed candidate requests that his or her candidate's statement be included inofficial election material distributed to voters, the District shall bill such candidate for the cost thereof, � including costs related to any required translation. -10- | In those wards where two or more candidates have qualified to appear on the ballot, a � candidate may file a candidate's statement not exceeding 2OOwords. The District will pay for the coot of the statements, (and, if required by the respective county translations of candidates'statements pursuant to the Elections Code of the State of California, and no such | candidate shall be billed for availing himself or herself ofthese services. 2.15 Annual Disclosure Statements Annual disclosure statements required by the Fair Political Practices Commission shall be � | distributed to Board members and designated employees by the District Clerk and shall be � returned to the District Clerk bvApri| 1of�achca|endaryea�.-. � 2.30 Fees Charged for Special Mailings Reasonable fees may he charged by the General Manager for reproducing and mailing materials / on special projects, � 2.30 Compensation mf Directors and Payment of Expenses Public Resources Code § 5536and 5536.5. � Members of the Board shall receive one hundred dollars (¢100.00) for each attendance at a | Board meeting. _ABoard meeting includes aspecial meeting, acontinued meeting, ac|osed � | session, � pubUchearing orarneetingofas�/ndingconnmi�e�'ofth� Board A�endanceatan � ' ' .- � ad hoc committee meeting shall be compensable when determined to be so '�the Board. Only � � Board members, who are members of the committee, Vrauthorized substitutes appointed bvthe � presiding officer, may be compensated for attendance at the meeting. A committee of the Board � includes a committee of one and Board-appointed representatives on a committee established by � | other organizations. _The maximum total compensation per Board nnernbera||ovvab|e under this section shall be one hundnsd dollars ($100.00) per day and five hundred do||ao ($5OO.UO) per ! calendar month. � � 2.35 Fiscal Year Beginning in 1989, the District's fiscal year shall commence on April 1 and conclude on March 31. � � 2.40 Financial Instrument Signatories A. The authorized signatories to checks, warrants, withdrawal applications and the Santa Clara | County claim forms of the Midpeninsu|a Regional Open Space District for payroll or for � � amounts less than � $5 O00 shall be any one of the following=~== s�e�-enp|oyeeo' (i) the � � General Manager, (ii) the Assistant General Manager, (iii) the AdfministFatien and Human � ReseufeesAdministrative Services Manager, (iv) the Operations Manager, (v) the Public � Affairs Manager, (vi) the Planning Manager, e�(vii) the Real Property Manager, i � | � . . � B. The authorized signatories tochecks, warrants, withdrawal applications and Santa Clara � � � county da|rn forms of the y4idpeninsuks Regional Open Space District in amounts of$S,OOO � or greater(excluding payroll) shall be two of the following employees: 0\ the General � � Manager, (ii) the Assistant General Manager, (iii) the Administr-atien and Human � ReseufeesAdministrative Services Manager, (iv) the Operations Manager, (v) the Public | Affairs Manager, (vi) the Planning Manager, ee-/vii\ the Real Property Manager,1r/viii)the � . Natural Resources Manacier. 2.50 Safe Deposit Box The authorized signature for entrance into the District's safe deposit box is any of the following: � | General Manager, Assistant General Manager, Administrative Services Manager, DistrictClerk � | and . | � | / � '||- ! 2.60 Certificates of Acceptance and Acquisitions of Interests in Low-Value Real Property ��the��eneraK Manager � -. A. In accordance with Government Code § 27281, Certificates of Acceptance for deeds orgrants conveying any interest in or easement upon real estate to the District for public purposes shall be executed asfollows: � Certificate of Acceptance. The President ofthe Board of Directors, or, in his or her absence, � the Vice President of the Board of Directors, or the District's General Manager, are hereby authorized to consent to and accept on behalf ofthe Midpeninsu|a Regional Open Space District, deeds or grants conveying any interest in or easement upon real property to the District for public purposes and to execute a Certificate of Acceptance as evidence thereof as required by law. � � | B. ._The General � Manager is hereby authorized to approve the acquisition of an interest in or easement upon real property, or an option to acquire such an interest or easement, on behalf mfthe Midpen|nsu|a Regional Open Space District provided the following conditions are met: 1. The General Manager determines that the acquisition of such interest in or easement upon real property is necessary orappropriate in order for the District toeffectively � acquire, plan, maintain and operate its system of open space preserves, and that such � � acquisition is consistent with all applicable District regulations and policies concerning � acquisition mfreal property; and � � 2. The purchase price, option price, or, in the case ofegift, the fair market value ofthe � gift, does not the General Manager's authority District / � ' | � provided in Section 5549 (b)(3) of the Public Resources Code and as authorized by the / � Board of the Directors; and 3. Prior to the General Manager's approval of an acquisition, the District undertakes all acts � required by law prior to acquiring real property, including compliance with the California Environmental Quality Act; and ' � 4. After acquisition, the General Manager shall notify the Board of Directors, in writing, of � the acquisition or option and place upon the Board of Director's agenda at its regular � meeting a Preliminary Use and Management Plan for the real property soacquired. � Pursuant to the District's Public Notification Policy, the General Manager may determine � that such Plan be presented to the Board for final adoption, in the event no public � comments concerning the proposed plan have been received prior to Board action. � Last amended: � January 26, 1994 � � June 18, 1991 � � | November12L2OO8 � September 24, JUO8 June 14, 2006 � October 26, 2OO5 � February 11, 2OU4 � � November 12, 3DO3 | October 8, 2003 � August 1], 2003 � January J9, IOO] � � January 1O, 2DO1 � January 11, 1995 � � � -i2' � � � RULES OF PROCEDURE APPENDIX A Closed Session Procedures and Standard Forms 1. At least 72 hours before a regular meeting of the Board of Directors and at least 24 hours before a special meeting, the District Clerk shall post the Board's agenda containing a brief general description of each item of business to be transacted or discussed in the closed session. The description should be consistent with the form attached as"Standard Form No, V. The closed session shall also be listed on the agenda by number as"Closed Session Agenda Item No. 2. Prior to the closed session, the Board of Directors shall convene in open session. The Board President shall announce the purpose or purposes of the closed session, state the statutory authority for the session and state the items to be discussed in the closed session. i I h Board President can refer to the closed session as listed on the agenda: Alternative the oa Yr9 "The Board will hold a closed session for the purpose of discussing'Closed Session Agenda Item No. 3. The Board then may adjourn to its closed session. 4. At the conclusion of the closed session, a"Closed Session Minutes and Record of Action Taken"form (Standard Form No. 2) is prepared by the District Counsel, District Clerk or District General Manager. The form shall be entered in a Minute Book, which shall be a j confidential document maintained by legal counsel. The Minute Book will be available for inspection by any Board member or other authorized person. 5. Where final action has been taken on a matter in closed session, the Board shall reconvene into public session, and the President shall made any public announcements required by Section 54957.1 of the Ralph M. Brown Act. 6. Confidentiality is essential if a closed session is to serve its statutory purpose. Therefore, Board members and staff will adhere to a strict policy of confidentiality. No person may disclose any statements, discussion, documents, or votes made in a closed session except where authorized by the Board or where required by the Ralph M. Brown Act. i i i i | / � � � STANDARD FORM NO. I CLOSED SESSION AGENDA DESCRIPTIONS � Type of Closed Session Item: 1. Conference with Real Property Negotiator 2. Conference with Legal Counse|— ExistinQ Litigation 3. Conference with Legal Counsel —Anticipahsd Litigation 4, Public Employment Item 5. Labor Negotiations | 6. Other—check with District Clerk | � 1. Conference with Real Property Negotiato Real Property or Properties: Specify street address, or if no street address, the parcel number or � other unique reference / � Negotiating Parties: Specify name of person vv� vv with negot�tormay nego�ahe i � ' � Under Negotiations: Specify whether instruction to negotiator will concern price, terms of � payment, or both � � 2. — Govt Code § 54956.9(a) | � � A. Name of Case (Identify each case by reference to title of case, claimant's name, name of � parties, or claim numbers) � � B. Ifdisclosing the case mane of existing litigation would jeopardize service of process or � jeopardize ongoing settlement negotiations: � Name of Case Unspecified: Disclosure will jeopardize service of process ofongoing | settlement negotiations. ' � 3. — Gmvt. Code § 54956.9(b) � A. When you desire to hold a dosed session relating Loanticipated litigation that � has not yet been filed, the agenda description will be: Conference with Legal Counsel —Anticipated Litigation. � Significant exposure ho litigation (specify number case�\ No. ` ' ' � B. If deciding whether or not to initiate litigation, the description will be: � Conference with Legal Counsel —AnUdpmted Litigation. Initiation of litigation (specify number ofpotential cases) | No. ofcases: 4. Public Employment A. Public Employee Appointment Title of Position to be Filled: B. Public Employee Employment, Evaluation or Dismissal Title of Position Being Filled or Reviewed: C. Public Employee Discipline, Dismissal or Release (No further description necessary) 5. Labor Negotiation A. Conference with Labor Negotiator— Represented Employees Agency: Employee Organization: B. Conference with Labor Negotiator— Unrepresented Employees Agency Negotiator: Unrepresented employee(s) or group: Midpeninsula Regional Open Spate District R-13-21 Meeting 13-05 February 13, 2013 AGENDA ITEM S AGENDA ITEM Authorization to Award a Contract to Peckham & McKenney for Executive Recruitment Services for the Assistant General Manager and Public Affairs Manager Positions GENERAL MANAGER'S RECOMMENDATION Authorize the General Manager to enter into a professional services contract with Peckham & McKenney to conduct executive recruitments for the Assistant General Manager and Public Affairs Manager positions for a not-to-exceed amount of$39,500. SUMMARY In October 2012, Midpeninsula Regional Open Space District (District) issued a Request for Proposals (RFP) for an executive search firm to conduct executive recruitments for the Assistant General Manager and Public Affairs Manager positions and received three responses. Staff evaluated the proposals and identified the most qualified and cost effective firm to conduct the search. Staff recommends awarding the contract to Peckham & McKenny. DISCUSSION As part of the Fiscal Year(FY) 2012-13 Budget and Action Plan adopted by the Board of Directors (Board) on March 28, 2012 (R-1.2-39), the Assistant General Manager position was funded and the General Manager was directed to fill the position. In September 2012, the Public Affairs Manager position became vacant and the decision was made to hire an executive recruiter to fill both positions. Human Resources staff issued a Request for Proposals (RFP) on October 31, 2012, via direct email to seven executive search firms to conduct the recruitment for these positions. Three firms responded to the RFP by the November 14, 2012 deadline with proposals detailing recruitment methods, examples of former recruitment advertisements, lists of former clients, and price quotes. The proposed costs for the recruitment firms are shown below: Firm Location Proposal Cost Ralph Anderson & Associates Rocklin, CA $48,000 Bob Murray& Associates Roseville, CA $42,500 Peckham & McKenney Sacramento, CA $39,500 R-13-21 Page 2 The proposals were evaluated by staff to assess the qualifications of each proposer, including the quality of the proposal, the recruitment approach, the recruiter's experience, and cost. After evaluating the proposals and conducting interviews, staff has determined that Peckham & McKenney possesses the expertise and related experience to manage the executive search. Peckham and McKenney's proposed cost includes $30,000 for recruitment activities and $9,500 for travel and expenses, for a total not-to-exceed amount of$39,500. Staff recommends awarding the executive search firm contract to Peckham & McKenney. FISCAL IMPACT A total of$25,000 is included as part of the FY2012-13 Midyear Budget for executive recruitment services. It is estimated $29,500 will be spent in FY2012-13 and the remaining $10,000 in FY2013-14. The additional $4,500 needed for FY2012-13 will be covered by savings in other accounts and the $10,000 for FY2013-14 will be included in the FY2013-14 Proposed Budget. BOARD COMMITTEE REVIEW Board Committee review of this agenda item is not required. PUBLIC NOTICE Notice has been provided as required by the Brown Act. No additional notice is required. CEQA COMPLIANCE The proposed action is not a project under the California Environmental Quality Act (CEQA) and no environmental review is required. NEXTSTEP Upon Board authorization, the General Manager will execute a contract with Peckham & McKenney to assist staff with the executive recruitments for Assistant General Manager and Public Affairs Manager. Prepared by: Candice Basnight, Human Resources Supervisor Contact person: Candice Basnight, Human Resources Supervisor Midpeninsula Regional 0 ' Open Space District R-13-24 Meeting 13-05 February 13, 2013 AGENDA ITEM 6 AGENDA ITEM Authorization to Enter into a Lease for Office Space at 4984 El Camino Real, Suite 115, Los Altos, with Wellington Park Investors, and Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act i GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act(CEQA) as set forth in this report. 2. Adopt the attached Resolution authorizing the General Manager to enter into an Office Lease with Wellington Park Investors. SUMMARY Midpeninsula Regional Open Space District(District) proposes to execute a four-year Office Lease with Wellington Park Investors for 3,520 square feet of office space at 4984 El Camino Real, Suite 115, Los Altos with an annual rental rate of$97,152 and 3% annual increases, for the purpose of obtaining additional administrative office space to address work space needs resulting from the filling of upcoming vacancies and anticipated future staff growth. The following report provides background information for the proposed Office Lease terms, conditions, and financial considerations. DISCUSSION Need for Additional Administrative Office Space Average staff growth for the Administrative Office, including interns, part-time, temporary, contingent, and full-time employees has been approximately two (2) staff positions per year over the last 12 years. At this time, there are 62 authorized positions that are assigned to the Administrative Office, some of which are currently vacant and expected to be filled within the next year (FY2013-14). In addition to the 62 work stations assigned to these positions, the Administrative Office also maintains three(3) additional work stations for volunteers, Area Superintendents (who often work remotely from the Administrative Office), and employees working on light duty. Moreover, included as part of the FY201.3-14 budget, staff will be requesting Board approval for two (2) additional positions, one to provide additional New World Systems/Integrated Accounting and Finance System data entry support, and the second R-13-24 Page 2 (which was previously approved in concept as part of the Vision Plan Project) to temporarily backfill the District's GIS capacity that has been diverted to support the Vision Plan workload. This brings the total need for available work station areas at the Administrative Office to 67 within FY2013-14. The Administrative Office has 65 available work stations, leaving a net deficiency of two (2). With anticipated future staff growth, this net deficiency is expected to increase with each year. Aside from the need for additional work stations, the Administrative Office lacks sufficient closed office space to house those positions that require privacy given the confidential nature of the duties they perform and the type of files that are maintained. These positions include: Department Managers, Human Resources personnel, Legal Counsel, Finance experts, and first tier Supervisors. Within the current layout of the Administrative Office, there are insufficient closed offices available to accommodate the existing positions with the incoming Assistant General Manager and allow the Natural Resources Department to be consolidated into one work zone. As a result, the Natural Resources Department remains spread across the entire building, making department coordination and collaboration a challenge. In order to accommodate the current number of staff to date in the Administrative Office, one store room and one meeting space have been converted in to three work station areas, virtually eliminating any on-site storage and reducing the number of much needed meeting rooms. To address these office space issues, staff has been researching the local office lease space market to identify potential suitable sites located within a very short walking distance that can accommodate current and future staff growth over the next minimally four years. This timeframe would allow the District to meet current and future staff office space needs while providing the necessary time to consider long-terin solutions, which could include the purchase of new District office building, rebuilding and expanding the existing office building, or leasing additional office space. The market search considered the following minimal office space requirements: • Site within 0.25 miles from the existing Administrative Office • Minimally 2,500 square feet in size • Minimally 2 closed offices and one meeting area • Access to a kitchen or kitchenette Office Space Rental Market The demand for office space in the area surrounding the District's Administrative Office(330 Distel Circle, Los Altos) is strong with vacancy levels dropping and rental rates increasing in the Mountain View/Los Altos submarket. According to the 2012 Q4 San Francisco Peninsula Research and Forecast Report prepared by Colliers International, the direct vacancy rate for class B/C office space within the Mountain View/Los Altos submarket is 8.6% and the average asking rental rate is $3.50 per square foot on a full service basis (includes utilities). The direct vacancy rate in the submarket one year earlier was 13.6% and the average asking rent was $3.02 per square foot on a full service basis. Based on the scope requirements listed above, District Real Property staff conducted an office availability survey of the area surrounding the District's Administrative Office building for suitable expansion of office space. The parameters for the survey consisted of locating affordable class B/C office space in the 3,000 square-foot (sf) range within reasonable walking distance of R-13-24 Page 3 the Administrative Office building. Four spaces were identified by staff and they are briefly summarized in the table below: Location Office Area Asking Annual Utilities (Sq. Ft.) Rental Rate Rent (per Sq. Ft.) 4984 El Camino, Suite 3,155 sq. ft. $2.45 $92,757 Plus Utilities 102, 0.1 miles west 4984 El Camino, Suite 3,520 sq. ft. $2.45 $103,488 Plus Utilities 115, 0.1 miles west 5150 El Camino Real, 2,893 sq. ft. $3.15 $109,000 Included 0.2 miles east 5050 El Camino Real, 3,500 sq. ft. $3.10 $130,200 Included 0.2 miles east Of the available office spaces located, 4894 El Camino Real, Suite 115, was determined to best meet the District's office space requirements based on its location, layout, size, and price. It is the location closest to the Administrative Office (less than a 3-minute walk) and is within reach of the District's existing Wi-Fi system, minimizing Internet Technology (IT) set up costs. It can accommodate 10 to 15 staff, has ample meeting room and private office space, a server room, and kitchenette area. The negotiated lease rate and terms are discussed in the Terms and Conditions section below. CEQA COMPLIANCE Project Description The proposed project consists of executing a new four-year Office Lease with Wellington Park Investors for 3,520 square feet of additional office space at 4984 El Camino Real, Los Altos for an existing private structure, which involves no expansion of use. CEQA Determination The District concludes that this project will not have a significant effect on the environment. The project is categorically exempt from CEQA under Article 19, Section 15301, of the CEQA Guidelines as follows: Section 15301 exempts operation, repair, restoration, maintenance, permitting, leasing, licensing or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The office lease agreement involves the leasing of existing private facilities and there will be no expansion of use. The project is also exempt under 15061(b)(3), as there is no possibility the actions can have a significant effect on the environment. R-13-24 Page 4 TERMS AND CONDITIONS Office Lease Staff recommends a lease with Wellington Park Investors for 3,520 square feet of office space at 4984 El Camino Real, Suite 115. The lease area currently contains five private offices, two conference rooms, a server room, kitchen and 15 unassigned parking spaces. The proposed lease terms are outlined below: I. The lease term shall be four years from April 1, 2013, to March 31, 2017, with one two- year option to extend the term. The District would be entitled to occupancy 15 days prior to the lease commencement date for the purpose of preparing the space for District Staff. 2. The rental rate was negotiated to $2.30 per square foot modified full service(does not include utilities) or$97,152 per year with 3% annual increases. The utility costs are estimated to be $630 a month or$7,600 per year. The District would be responsible for its pro-rated share of any increased operating expenses and property taxes over the 2013 base year. 3. The Landlord will be responsible for the following expenses: building maintenance, taxes, property management, landscaping, and janitorial services. 4. The Landlord will provide for the following tenant improvements: replace approximately 800 square feet of linoleum with commercial office carpet, relocate two private office doors, and the removal of one private office to expand the open work station area. 5. The Landlord will be responsible for compensating the listing broker. 6. Upon execution of the lease, the District will pay the first month's rent and a security deposit equivalent to one month's rent. BOARD COMMITTEE REVIEW In order to take timely advantage of the office space opportunity, as time is of the essence, this item could not be presented to the Planning and Natural Resources Committee. FISCAL IMPACT The estimated total cost of the lease space for the initial four-year term is estimated at $438,256 (including utilities). The proposed FY2013-14 Budget, which the Board will review in late February, will include the majority of funds to cover the monthly lease costs and utilities, as well as the one-time costs for furnishings and minor improvements. Funds needed to cover any set up expenses between February and end of March during the current Fiscal Year(FY2012-13) will be covered by cost savings in the Operating Budget. Future fiscal year budgets will include the yearly rental cost for the lease space. R-13-24 Page 5 PUBLIC NOTICE Public notice was provided as required by the Brown Act. NEXT STEPS Upon approval by the Board of Directors, the General Manager will be authorized to enter into a lease agreement with Wellington Park Investors. District staff will deliver the executed office lease, first month's rent, and security deposit to Wellington Park Investors. District staff will also begin preparing the lease area for occupancy on April 1, 2013 with work station furniture and IT set up. Attachments: 1. Resolution 2. Map Responsible Department Managers: Ana Ruiz, Acting Assistant General Manager Mike Williams, Real Property Manager Prepared by: Allen Ishibashi, Real Property Specialist Tina Hugg, Acting Planning Manager Contact person: Same as above ATTACHMENT I RESOLUTION NO. 13-XX A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AN OFFICE LEASE AT 4984 EL CAMINO REAL, LOS ALTOS, SUITE 115 WITH WELLINGTON PARK INVESTORS The Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve: Section One. The Board of Directors of the Midpeninsula Regional Open Space District approves the Office Space Lease at 4984 El Camino Real, Los Altos, Suite 115 between Midpeninsula Regional Open Space District and Wellington Park Investors and does hereby authorize the Board President, General Manager or other appropriate officers to execute said Lease on behalf of the District. Section Two. The General Manager or the General Manager's designee is hereby authorized to negotiate and approve the exercise of the subsequent two-year lease option as set forth in the Office Lease. The General Manager is further authorized to execute any and all other documents necessary or appropriate to the completion of such transactions. Section Three.The General Manager and General Counsel are further authorized to approve any technical revisions to the attached Agreement and documents which do not involve any material change to any term of the Agreement or documents, which are necessary or appropriate to the closing or implementation of this transaction. FW '4� - ohm�Zjz ! `` Palo Alto j OL', r 4C ... Area of ' •' Detail 0 Mountain View tot. r I s r of IL y� R,tsncho San ( � -' t Antonio _ ' r• '• _ 0 S P •Cupertino 4984 El Camino Real Suite 115 � l - 1 "`. ,� Jam- ''�: � i •.� $ r Administrative % •� +� Office c �. A 11 O Attachment A: Administrative Office Lease Midpeninsula Regional MROSD Preserves ® Management Agreement Highlighted Property Open Space District s (MROSD) Other Protected Open Space Non MROSD Conservation Private Property E or Park Lands or Agricultural Easement February, 2013 , MROSD Conservation Watershed Land ® or A ricultural Easement Developed Land e Miles . , 0 0.035 0.07 v' AO Map 1_6oard Gp Nprth i,.A` V 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. Attachment B-Suite 115 Floor Plan STORAGE AREA CORRIDOR TO RESTROOMS Lockbox mm 77 LOBBY 121 KITCHENETTE MAIN DOOR SERVER MTG ROOMI WORK STATION AREA ROOM OFFICE - -- 4++ WORK STATION AREA MTG - -i ROOM/ ±3.520 SF OFFICE (Divisible) / 1 MTG OFFICE OFFICE OFFICE MTG ROOMS ROOM/ OFFICE OFFICE t3,520 SF I D�si�ie) First Floor Midpeninsula Regional ' Open Space District To: Board of Directors From: Stephen E. Abbors Date: February 13, 2013 Re: FYIs i I Midpeninsula Regional Open Space District For Immediate Release Date: January 16, 2013 Contact: Lallor Maune 650.691.1200 Midpeninsula Regional Open Space District I Director r as New Board President Elects ecto Jed Cyr Los Altos California [January 16,20131 —The Midpeninsula Regional Open Space District's Board of Directors elected new officers for 2013 at their regular meeting on January 9. Jed Cyr who represents Sunnyvale, was elected president. He has served on the Districts board since 1996. "Having voted for Measure R in 1972, I'm thrilled at what the District has accomplished in the 40 years since then," said Cyr. "Now, we're reaching out to the community to engage them in a planning process for what the District will do for the next 40 years." As the Board President, Cyr will preside over a community-based planning process to guide the future direction of the District with a focus on resource conservation, open space preservation, and public access. The project will be launched this year Director Cecily Harris who represents El Granada, Half Moon Bay, Montara, Moss Beach, Princeton, Redwood City, San Carlos, and Woodside was elected vice president; Director Pete Siemens who represents Cupertino, Los Gatos, Monte Sereno, and Saratoga was elected treasurer; and. Director Yoriko Kishimoto who represents Los Altos Hills, and parts of Cupertino, Los Altos, Palo Alto, Stanford, and Sunnyvale was elected secretary. Created 1?v voters in 1972, the Midpeninsula Regional Open Space District has successfully protected more than 60,000 acres of'open space. The District is a California special district governed by an elected board of directors. The District's mission is to acquire and preserve a regional greenbelt of open space land in perpetuity, protect and restore the natural environment, and provide opportunities for ecologically sensitive public enjoyment and education. www.opetispace.org. O 'eln ' I ace Distc District Memorandum P Sip ace January 30, 2013 MEMO TO: MROSD Board of Directors THROUGH: Stephen E. Abbors, General Manager FROM: Matt Baldzikowski, Resource Planner III SUBJECT: Rancho San Antonio Air Quality Monitoring This FYI is an update on the status of the air quality monitoring study at Rancho San Antonio Open Space Preserve(RSA). This one year study is designed to provide detailed on-site air quality monitoring to assess potential impacts from the adjacent Lehigh Permanente cement plant and quarry. The Board authorized the Award of Contract to Winegar Air Sciences at the Board meeting of January q, 2013 for the implementation of an air quality monitoring study. To date, two monitoring sites have been established within RSA. The Main Site(located at the Foothills Annex) is up and running, with continuous read monitors to measure PM10(particulate matter less than 10 micrometers in diameter), PM2.5 (particulate matter less than 2.5 micrometers in diameter), and black carbon. Sources of PM10 include crushing or grinding operations, and dust stirred up by vehicles traveling on roads. Sources of PM2.5 include all types of combustion, including motor vehicles, power plants, residential wood burning, forest fires, agricultural burning, and some industrial processes. These and PM 10 particles are so small that they can get into the lungs, potentially causing serious health problems. The Main Site also includes samplers installed for shorter-duration, specific sampling to measure particle size resolution and elemental constituents (e.g. heavy metals). Additional samplers to screen for volatile organic compounds and other toxics, such as benzene, will be installed in February. The second monitoring site is located adjacent to the PG&E Trail and has the same continuous monitors installed and running, with the additional specific samplers to also be installed in early February. Both sites are also currently equipped with wind sensors to understand plume movement and relative impacts due to proximity to the source(s). Per the study design, periodic updates and a subset of the continuous data will be provided to staff. Staff is recommending that this information be summarized in quarterly data updates that we intend to release to the public. This will allow for technical and quality assurance review of the data, while also providing data to the public in a timely manner. The first quarterly summary is anticipated in April, 2013. More detailed analysis from the shorter duration, specific samplers will not be included in the quarterly reports. These samples will require laboratory preparation and analysis, and considerable time for quality assurance and synthesis. Samples may also be batched for more efficient processing. Given these requirements, this data will be presented in the final comprehensive report at the conclusion of all data collection and analysis. The final report is scheduled to be completed in April 2014. Staff and the District's consultant (Eric Winegar) have also met with a Cupertino resident and Lehigh neighbor who is also a representative of the Sierra Club and who had previously provided written questions on the study design, and also provided oral testimony at the Board Meeting of January 29, 2013. i i i i i I Midpeninsula Regional Open Space District M e m o ran d u m r � III DATE: January 30, 2013 MEMO TO. MROSD Board of Directors THROUGH: Stephen E.Abbors, General Manager FROM: Matt Baldzikowski, Resource planner 1H SUBJECT: Rancho San Antonio Air Quality Monitoring This FYI is an update on the status of the air quality monitoring study at Rancho San Antonio Open Space Preserve (RSA). This one year study is designed to provide detailed on-site air quality monitoring to assess potential impacts from the adjacent Lehigh Perinanente cement plant and quarry. The Board authorized the Award of Contract to Winegar Air Sciences at the Board meeting of January 9, 2013 for the implementation of an air quality monitoring study. To date,two monitoring sites have been established within RSA. The Main Site (located at the Foothills Annex) is up and running, with continuous read monitors to measure PMI 0 (particulate matter less than 10 micrometers in diameter), PM2.5 (particulate matter less than 2.5 micrometers in diameter), and black carbon. Sources of PM 10 include crushing or grinding operations,and dust stirred up by vehicles traveling on roads. Sources of PM2.5 include all types of combustion, including motor vehicles, power plants, residential wood burning, forest.fires, agricultural burning,and some industrial processes. These and PM10 particles are so small that they can get into the lungs,potentially causing serious health problems. The Main Site also includes samplers installed for shorter-duration, specific sampling to measure particle size resolution and elemental constituents (e.g. heavy metals). Additional samplers to screen for volatile organic compounds and other toxics, such as benzene,will be installed in February. The second monitoring site is located adjacent to the PG&E Trail and has the same continuous monitors installed and running, with the additional specific samplers to also be installed in early February. Both sites are also currently equipped with wind sensors to understand plume movement and relative impacts due to proximity to the source(s). Per the study design,periodic updates and a subset of the continuous data will be provided to staff. Staff is recommending that this information be summarized in quarterly data updates that we intend to release to the public. This will allow for technical and quality assurance review of the data,while also providing data to the public in a timely manner. The first quarterly summary is anticipated in April, 2013. More detailed analysis from the shorter duration, specific samplers will not be included in the quarterly reports. These samples will require laboratory preparation and analysis, and considerable time for quality assurance and synthesis. Samples may also be hatched for more efficient processing. Given these requirements,this data will be presented in the final comprehensive report at the conclusion of all data collection and analysis. The final report is scheduled to be completed in April 2014. Staff and the District's consultant(Eric Winegar)have also met with a Cupertino resident and Lehigh neighbor who is also a representative of the Sierra Club and who had previously provided written questions on the study design, and also provided oral testimony at the Board Meeting of January 29,2013. Ik Mid eninsula ' en SpaceDist District ional Open Memorandum To: MROSD Board of Directors Through: Steve Abbors, General Manager From: Julie Andersen, Planner 11, Natural Resources Department Date: January 22,2013 Re: Clarification on Tim Best contract amount, El Corte de Madera Creek Watershed Protection Program, last amended August 22, 2012 District B and of Directors authorized a contract amendment with Tim Best in On August 22, 2012,theo , the amount of$33,300 for a total authorization amount not-to-exceed$117,945, to include additional engineering design services, permitting assistance, and construction monitoring for trail improvements associated with the El Corte de Madera Creek Staging Area and Trails Project and Watershed Protection Program. Staff has subsequently noticed that the$33,300 was incorrectly added to the previously approved board amounts. Therefore,the$117,945 total stated in the board report was incorrect. When the$33,300 is added correctly to the previously approved board amounts,the total should be 16$ 0,545. Meeting Date Board Authorized Original Contract February 13, 2002 $39,000.00 Amendment 1 January 21, 2004 $45,645.00 Amendment 2 July 25, 2007 $42,600.00 Amendment 3 August 22, 2012 $33,300.00 $160,545.00 The correct total of$160 545 is reflected in the Districts accountingsoftware. No action is needed b the Y Board, except to note the correct total contract amount of$160.545. IMidegional Open Space'Distriict I'.e m o ran d u m DATE: February 6, 2013 MEMO TO: MROSD Board of Directors THROUGH: Stephen E. Abbors, General Manager FROM: Kirk Lenington SUBJECT: Integrated Pest Management FYI Ascent Environmental and expert subconsultants May Associates Shelterbelt Builders and P Y 5 n ENTRIX have been hired to helpthe District prepare an Integrated Pest Management Card no P P �' g (IPM) Program and conduct an environmental review. The are currently reviewing IPM policies and programs of other park agencies and interviewing MROSD staff. They will return to the Board soon (estimated 3/27) with a draft IPM policy. The overall projected schedule is preparation of an IPM Guidance Manual and Weed Database through June 2013, and preparation of the environmental review July 2013 through May 2014. This schedule includes two public meetings during the preparation of the environmental review, a meeting with the Board's Planning and Natural Resources Committee in early 2014, and a final Board hearing in spring 2014. All documents and the environmental review should be finalized for implementation of the IPM Program by summer 2014. f pdpe p la Regional O 0 en Space ace District Memorandum DATE: February 6, 2013 MEMO TO: MROSD Board of Directors THROUGH: Stephen E. Abbors, General Manager FROM: Kirk Lenington SUBJECT: Slender False Brome FYI Control of slender false brome(a non-native grass invading redwood forests) is continuing in Thornewood Open Space Preserve with additional work on small, outlier populations in El Corte de Madera, La Honda and Saratoga Open Space Preserves. On private properties, we provided reimbursement to 72 property owners to treat 94 acres of slender false brome in the Woodside area in 2012. The next phase will be to continue treating these same areas and add treatment of slender false brome along creeks. This new work requires a revised environmental review (Subsequent Initial Study and Negative Declaration), which is currently out for public review through February 18. Recently, staff returned telephone calls from residents in the Kings Mountain area and clarified that slender false brome is not French broom, and explained our strategy to carefully control it with herbicides and pulling by hand. Staff will return to the Board on March 27 with the revised environmental review and responses to any public comments. If the Board approves the revised environmental review, this will allow staff to submit permit applications and apply for grants to remove slender false brome along creeks in the redwood forests. i I Midpeninsula Regional Open Space District To: Board of Directors From: Stephen E. Abbors i February Date:t : F 1 2013 ry 3, Re: Late FYIs III i 1 i i County of Santa Clara M "IVED U Office of the Clerk of the Board of Supervisors County Government Center,East Wing 70 West Hedding Street, I O'h Floor Yll 28 r'11 2' 58 San Jose,California 95110-1770 ,TAC1 (408)299-5001 TDD 993-8272 Lynn Regadanz Interim Clerk of the Board January 18, 2013 Stephen E. Abbors, General Manager Mid-Peninsula Regional Open Space District Financing Authority 330 Distel Circle Los Altos, CA 94022 RE: Appointments of Board Members Dear Mr. Abbors, At the January 15, 2013 regular meeting of the Board of Supervisors of the County of Santa Clara(Item No. 23), the Board unanimously approved the appointment of Joe Simitian as Delegate to the Mid-Peninsula Regional Open Space District Financing Authority, for calendar year 2013. Yours truly, LYNN REGADANZ, INTERIM CLERK Board of Supervisors TO: General Manager FROM. Gordon Baillie Monthly Field Activity Summary Report Between 101112012 And 1013112012 CITE WARNING JCR KNOWN TOTALS TOTALS DISTRICT VIOLATIONS VIOLATIONS ENFORCEMENT 127 Bicycle Citations&JCRs Issued 46 Bicycle after hours 2 2 0 0 4 Closed area-bicycle 4 0 0 0 4 Parking Citations Issued 44 Helmet required 1 1 0 0 2 All Written Warnings Issued 27 Trail use speed limit 4 3 0 0 7 Police Assistance 10 Closed Area Enter temporary/regular closed area 17 0 0 0 17 LAW ENFORCEMENT 38 Dog Law Enforcement 38 Dog in prohibited area 2 2 0 0 4 Leash required-Dog 12 5 0 0 17 Other ACCIDENTS/INCIDENTS 10 After hours 4 7 0 0 11 Lost Person Search 1 Vehicles prohibited 0 3 0 0 3 Medical-Bicycle Accident 2 DISTRICT TOTAL 46 23 0 0 69 Medical-Hiking/Running Accident 3 GRAND TOTAL 46 23 0 0 69 Medical-Other First Aid 1 Vehicle Accident 3 MUTUAL AID 2 Death I Vehicle Accident 1 *JCR Juvenile Contact Report Thursday, February 07,2013 Page 1 of 4 PARKING VIOLATIONS cnTe wARw/mo TOTALS DISTRICT 41 4 45 Disabled Parking: Permit Required unpa o 1 1 Prohibited Areas(Signed) 1 O 1 Prohibited Areas(Red curb) 1 O 1 Prohibited Areas(Nondooigna0edarea) 1 O 1 Prohibited Areas(Blocking traffic) O 2 2 Prohibited Areas(Blocking gate) 2 V 2 � Prohibited Areas(After hours) 35 1 36 � Take up more than one marked parking m 1 V 1 PARKING VIOLATIONS n|rE vvAnw|wG TOTALS � NON DISTRICT o 1 u Disabled Parking—Pavwd/K4aMked. O 1 1 No parking 2 O u 43 s *m DATE OCCURRENCES OF SPECIAL INTEREST Out02 A large piece of construction equipment,which was not being used, rolled down a hill from a Rangers: 2 IR/upcor construction site on private property adjacent to the preserve. |t rolled down the hill into the preserve, across a trail,and came ho rest against atree. A group nf people un the private property narrowly avoided being struck by the equipment according tomwitness. District staff are working with the property owner Vu have the equipment removed. Preserve Fremont Older Location Seven Springs Loop Trail C/ct83 District rangers on patrol made contact with two visitors on electric motorized bicycles. The visitors were Rangers: 1 IR/oS2a4 informed that motorized vehicles are prohibited in District preserves. The two men indicated the bicyo|oo were for dieobi|idao. One sut4e��claimed that the nsngemwere hameoing "jumped out of the bushes"at them during a previous contact in Monte Bello Preserve. Both men were released after they claimed that the bicycles were being used am mobility devices for disabilities. |t remained unclear whether both subjects needed the bicycles for their disabilities or were testing them for use as mobility devices. Some otherwise prohibited mobility devices are allowed for use by visitors with disabilities. The subjects were told that they must comply with all other regulations including trail speed. | Preserve E|Corte d*Madera Creek Location North Leaf Trail ot junction nfE|Corte de Madera Creek Trail Oct 04 One subject said he saw a model airplane lose control and crash into his vehicle at a high rate of speed. Rangers: 1 xn/opnoo The subject said the pilot approached 0o retrieve his plane and offered 0o pay for the damage bohis vehicle.The owner nf the vehicle said the damage was quoted at$7OOD0ho$85O.00hu repair. Healso said when he was contacted by District staff,the vehicle had already been repaired at the expense of the plane owner who caused the damage. Preserve Rancho San Antonio County Park Location OctO5 A vehicle driving on Cristo Rey Drive left the road, drove onto park property and hit the park entrance Rangers: 1 AR/2p3V2 sign,destroying it. Dn the previous night,dispatch radioed that the Santa Clara County Sheriff's po|io*: 1 Department had responded to a property damage vehicle accident the night before at the park entrance. A District ranger contacted the Sheriffs office to request a copy of the accident report to obtain driver and vehicle information.The District is seeking repair costs from the individuals insurance coverage. Preserve Rancho San Antonio County Park Location Park entrance ^ ~ Thursday, February 07,JV/3 Page Joy4 Oct 06 A District ranger cited a coupleinside the preserve for"After Official Hours Use Prohibited" The ranger Rangers: 3 »91oS23U had previously warned the couple about the closing time. They stated they had lost track oftime. Police: 1 Preserve Russian Ridge Location Parking lot Oot0G A District ranger using radar,clocked a bicyclist going 27 mph on the trail. Signs state that speed ionot Rangers: 2 »p1u3o35 0o exceed 15mph. He was cited for trail^Speeding^and released. Preserve Monte Bello Location Canyon Trail � OctU7 A District ranger was the first emergency responder on scene when a male bicyclist suffered an Rangers: 3 t cardiac n*,�while riding his bicycle Kings Mountain Road CPR wN ,o3o3V "pp"'�'' ^= "^" - �" " ^,^�"p ''»" "" � 'Po|ioo 1 0o the paUentbyanof-du�physician vvhunthe ranger anived. Oi��h��/mngornaooi�edvithmedioa| � aid,scene security,and traffic control. A doctor declared the patient hobe deceased after approximately 25 minutes nf attempted resuscitation and multiple drug doses. San Mateo County Sheriffs Office took control of the scene and called for the coroner. � Pmmame OffDioLhotLando-Sky|inm Location Kings Mountain Road 1O0 yds. East of Hwy.35 OutU8 Two vehicles entered the preserve at a high rate of speed,went to the back of the stables area and Rangers: 3 � ^R/2p300 loaded large bags of marijuana into their vehicles. On the way out,they stopped at the stable caretaker's �po|ine� 2 residence and aeaou|� ca retaker Upon |nvouUguUonomarUuunagnow area was discovered nearby and a large amount of marijuana was found hanging up to dryonup|o � � hundred feet from the stables.The caretaker was arrested on possession of a controlled substance and was later evicted. A stolen vehicle was also found on the property in connection with the caretaker. The marijuana grow site and all remaining marijuana was taken by the Sheriffs Department. Over100 � pounds of marijuana,with a value over$100.00O.was found at the site. � Preserve Bear Creek Redwoods Location Bear Creek Stables � Outi0 A solo bicycle injury occurred in the preserve. District and the Santa C| County Fine Rangers: 3 � � AR/m= /V Department responded. The cyclist uu�ainedaeepamtodhQht shoulder i�u�. The padentsigned o � ^ fire department release form, and a friend drove him from the preserve for further medical care. � Preserve St.Joseph's Hill Location Jones Trail Oct13 A person suffering from vertigo and fatigue while hiking in the Preserve stated he had contracted Valley Rangers: 1 � xn/ofn/2 Fever about e year ago and took anti-fungal medication for it. The individual was evaluated byomedic � and transported hu his vehicle(along with his wife)where ho was released. � Preserve Rancho San Antonio Location Oot13 An injury hiking accident occurred in the preserve. One patient was evaluated(possible sprained ankles) Rangers: 8 � An/2F3r/ and released by Santa Clara County Fire and self transported to the hospital. � Pneo*nm Rancho San Antonio Location Wildcat Loop Trail Oct1$ While on patrol,a District ranger found a moving truck parked on a roadway,which is not open to private Rangers: 3 07/up3/5 vehicles. Two individuals were arguing,while three dogs ran around in the roadway. One ofthe pnUoe� 2 � individuals claimed that the other was bipolar. The argument escalated,vvithone nf the individuals � grabbing a dog and the other yelling for help. The Sheniffn office was called. District rangers separated the two subjects. Sheriffs deputies arrived,one of the subjectswas given a verbal warning for having a vehicle ina closed area,and both people were released. Came upon two subjects involved in a vehicles prohibited violation and a verbal dispute in the Preserve. � Both subjects were stoppnd intan/iovw�dandpo|0000d One� . � � prohibited violation. Pnemynm Fremont Older Location Prospect Rood/PadkingLct Oct20 One subject stated that she was hiking down the trail when her right ho tm|ippedoff a rock and rolled her Rangers: 2 � An1JF3/8 ankle. She heard a popping sound and fell. District rangers and Santa Clara County Fire responded 0n the scene. After the pmU*n\was transpo�ndbn her pemmnn|veNdeand then given a � � . ride for further medical care. Pmeenm Rancho San Antonio Location Wildcat Loop Trail Oct 21 A vacant building(former Crites Residence)in the Preserve was broken into and materials were taken. Rangers: 2 � 6q/2F320 The location has been the site of ongoing theft since the District's acquisition.Thieves are taking wood, Police:� 1 metal,and scrap from the property. Santa Clara County Sheriffs Department deputies have been out bo � take oreport. Pmo*me SinnaAzu! Location Inside gate SA10.former Crites parcel � _ Thumday,Febr«a9'07,2V/3 Page Jwf4 � Oct 24 A District ranger observed 4 mountain bicyclists with lights riding in the Preserve after hours.Two were Rangers: 1 � »p/2824u cited and two were given written warnings. � Pnamoma Russian Ridge Location Ridge Trail Oct 25 District rangers responded to a report of an injured hiker in the preserve. A woman had slipped and Rangers: 3 i AR/232w0 fallen onto her left elbow apparently dislocating her shoulder(there was an obvious deformity to the shoulder). Rangers requested that the litter and 4-person mule be brought from the Skyline Field Office to assist in transporting the patient as the trail was not drivable for trucks due to wet weather. The Ranger met Cal Fire at gate WH01 and walked down the traildriven ' o Dio{hdmngerVo the victim ` who was�onopu� �oddnwn0ounombu|anoe8or�nanmpnhoohospital.- � Preserve Windy Hill Location Spring Ridge Trail Oct 27 A District ranger discovered evidence of a burglary at the unoccupied former McDonald house. Piles of Rangers: 2 V9/2S24r out copper pipe were found underneath the flooring uf the house. San Mateo County Sheriff was Police: 1 requested toinvestigate. No suspects have been found. Preserve La Honda Creek Location McDonald main residence Oot28 District rangers stopped eight subjects in the closed area of the Preserve. All eight were cited for Rangers: 4 »9/2p�oJ "Closed violations. Onec�tho�u��e��hado���.00O&a|onywmnan�� SantuC|anaCounty Police: 1 Sheriff's deputies took the subject into custody. Preserve SianaAzu| Location Mt. UmunhumRoad � Oct 28 A bicyclist in the Preserve fell and sustained an injury to his left collar bone. District rangers and Santa Rangers: 2 xR/2F320 Clara County Fire carried the person out. Hm was transported byambulance to hospital. Preserve BSonono Location Aquinas Trail Oot28 A District crew member requested a District ranger respond Vo the preserve for a report ofamissing Rangers: 5 oq/232wH hiker. The missing person had wandered away from her companions who were picnicking at Horseshoe Lake. A search of all trails in the area was conducted by the rangers and the woman was located in the Tree Farm north of Gate SR03. Preserve Skyline Ridge Location Horseshoe Lake DATE VANDALISM DETAIL � Oct 03 Tagging. � � vL � Pn*monm Sierm/zu| Location Mt. Umunhum Road,guard rail 0o right ofSAO7 � Outo6 Tagging. Vl � � Preserve SierraAzu| Location Mt. Umunhum Road,guard rail bu right oYSA07 � | � � � � � � | / � � Thursday, February u7,2o/3 Page«o/f � TO: General Manager FROM. Gordon Baillie Monthly Field Activity Summary Report Between 111112012 And 1113012012 CITE WARNING JCR KNOWN TOTALS TOTALS DISTRICT VIOLATIONS VIOLATIONS ENFORCEMENT 131 Bicycle Citations&JCRs Issued 36 Bicycle after hours 1 2 0 0 3 Parking Citations Issued 53 Closed area-bicycle 2 3 0 0 5 Helmet required 1 2 0 0 3 All Written Warnings Issued 34 Trail use speed limit 0 1 0 0 1 Police Assistance 8 Closed Area Enter temporary/regular closed area 5 4 0 0 9 LAW ENFORCEMENT 37 Dog Dog in prohibited area 10 3 0 1 14 Law Enforcement 37 Leash required-Dog 7 1 0 0 8 Other ACCIDENTS/INCIDENTS 8 After hours 6 8 0 0 14 Lost Person Search 1 Harming/taking animal 0 4 0 0 4 Medical-Bicycle Accident 3 Smoking-undesignated area 3 0 0 0 3 Speeding 1 0 0 0 1 Medical-Other First Aid 3 Weapons Vehicle Accident 1 Possession of/discharging paint ball gun, BB 0 1 0 0 1 Possession of/discharging weapon 0 4 0 0 4 MUTUAL AID 3 DISTRICT TOTAL 36 33 0 1 70 Animal Incident 1 CITE WARNING JCR KNOWN TOTALS NON DISTRICT VIOLATIONS VIOLATIONS Mental Health Issues 1 Dog Vehicle Accident 1 Pets/dogs on 6 foot leash or radio collar/voice 1 0 0 0 1 Other Pets/dogs in prohibited area 1 0 0 0 1 NON DISTRICT TOTAL 2 0 0 0 2 GRAND TOTAL 38 33 0 1 72 *JCR Juvenile Contact Report Thursday,February 07,2013 Page I of 5 PARKING VIOLATIONS CITE wxnw/mo TOTALS DISTRICT 48 4 52 Prohibited Areas(GiQned) o 1 s Prohibited Areas(Red curb) 4 O * Prohibited Areas(Nondooignobpdarea) 3 O J Prohibited Areas(Blocking traffic) 3 O 3 Prohibited Areas(Blocking gate) 1 o Prohibited Areas(After hours) 32 O 32 Take up more than one marked parking o O 2 u � PARKING VIOLATIONS cne WARNING TOTALS � NON DISTRICT a 1 6 Disabled Parking—Paved/Mudmd. o 1 1 � � No parking 1 O ^ � � � Parking—State Highway 1 O 1 � � mn e mm DATE OCCURRENCES OF SPECIAL INTEREST Nmw¢2 Four subjects set up a duck blind on the levee near the northern observation deck. Menlo Park Police Rangers: 2 »R/2r33/ Department contacted the armed hunters. Each person was issued o written warning for firnanno Police: 4 prohibited and hunting prohibited. Pemome Ravenswood Location Observation platform,end oftrail Nw*03 While on vehicle patrol on Skyline Boulevard a District ranger observed a car fish-tailing and spinning Rangers: 1 donuts Thedhv�/of�heoorwmnni�dforap�edin�ondre|oauod �'��J2 � . Preserve Skyline Ridge Location Equestrian parking lot � Nov 03 A search of the Preserve was conducted for a patient missing from the Cordilleras Center. The person Rangers: 4 0q/2f334 was not located and the search was continued outside of the preserve. Police: 4 Preserve Pu|gaeRidQe Location Throughout the Preserve NovO5 A subject was contacted for riding a bicycle on a"Closed Area"trail and"After Official Hours Use Rangers: 1 � � K7/2F3*0 Prohibited"violation in the preserve. After initially making the stop,the person fled from the District � � ranger and was not located. Preserve St.Joseph's Hill Location Jones Trail,then riding out from the Flume Trail NmmU6 District rangers received o report ofan ill hiker on the trail. The patient was feeling dizzy,vomited,and Rangers: 3 � AR/2So5n had been sifting un the ground for approximately 45 minutes when staff arrived. The patient was evaluated by District rangers and fire department staff. He refused further medical attention, signed o declined medical aid waiver, and was provided a courtesy transport to the roadway. � Preserve Long Ridge Location Peters Creek Trail � � Thursday,February 07,20/3 Page J°f 5 � �� � � Nm*0T While on patrol a District ranger observed a man riding a mountain bicycle in a closed area of the Rangers: 1 6R/2S255 preserve. When contacted he became argumentative, claiming he was rich and would pay the ticket. The bicyclist stated that he has ridden on thousands of illegal trails for 32 years,and had never received mUokeL The subject was cited for bicycles"Closed Areas"and released. This was the same individual who had earlier fled when the same ranger tried to stop him for not wearing a helmet in the same preserve, different location. The subject claimed that he did not hear the ranger when confronted with the information. P/nenme Puhsima Creek Redwoods Location Craig Britton Trail(Soda Gulch Trail) NmvO7 An off leash dog ran upbna District ranger while onpatrol. The dog turned around and returned huthree Rangers: 1 »9/232h4 mountain bicyclists. All three nf the riders were not wearing helmets ao well an having dog was not allowed in this preserve. The owner of the dog was cited for"Dogs Prohibited"and given uverbal warning for"Leash Requimd^ One bicyclist turned around and fled when ordered to stop by the ranger but was later caught and cited for being inm"Closed Anaao^ Pvmoowm Puhoima Creek Redwoods Location Puhs|ma Creek Trail NmvW7 A District ranger and supervising ranger were first on scene of a motor vehicle accident. Five juveniles Rangers: 1 �� /2F34/ wereinov�hid��ha�|netonn�m|endo|iddownthe�mbonkmon��wundeGuoda|upeCnmek� The po|ioa 1 rangomdid an assessment and provided medical care unU|San Jose Fimanived. Onoufthoiuvnni|oo � � was transported 0u the hospital byambulance. Pmuema Off District Lands'Foothills Location Hicks Road otPheasant Road � Nmv1U While on patrol, District rangers observed a man smoking along with another man who was acting Rangers: 2 � V9/2325O intoxicated. They stated they both had been drinking,while visiting a friend ota winery across from the preserve. One was cited for"Smoking Prohibited"and both were given verbal warnings for drinking and were escorted out of the preserve$n the winery entrance. � Preserve Long Ridge Location Peters Creek Trail � � Nmv18 A vehicle leaving a private residence on Mount Umunhum Road lost control and crashed into the Rangers: 1 � 4R/2F342 guardrail. Approximately 4O feet of guard rail was damaged. � Preserve Sierra Azu| Location Mt. UmunhumRoad � Nmv11 District rangers traveling on Page Mill Road observed a vehicle stopped in the middle of the road. Rangers: 2 � »q/3S2n9 Suspecting an accident the rangers stopped to check on the welfare of the driver. When contacted the � � driver seemed confused and disoriented. When asked ifhe had been drinking he admitted tnhaving one drink. His Banodon1hoirobonn/aUnnaandhainingMhemngem � � � � contacted Palo Alto PDho conduct field sobriety tests. The rangers stayed with the driver who also � admitted to having smoked either methamphetamines or cocaine while partying with a friend. Palo Alto police officers arrived and took over the investigation. The driver was arrested while the rangers provided traffic control until the scene was cleared. Prmaomm Location PogeK4U ,Mill Palo Alto � � � Nmv13 District rangers mopondodhuanopurtbyaSkylinaCnswmemberthakmoontraotoxwmdkingonmumeyng Rangers: 2 � � xR/uSxoo the area for a vehicle extraction, had lost consciousness. The patient had said that hewas going to take � a rest and sat down. Hu then slumped backwards and was unconscious for over aminute. San Mateo � County Fire was requested and responded. Rangers assessed the patient who was deemed stable and � refused further medical attention. San Mateo Fire arrived and insisted on checking the patient who then � signed on "Against Medical Advice"form and was released. � � Preserve Russian Ridge Location M|ndegoRanch � Nov14 Three District signs,which request that trail users be quiet in the area due to neighbor concerns,were Rangers: 1 � »q/m�40 stolen�nmalong the boi|in the Pmmanm � st olen� around �heywenemoun�odwidhtamporpnoofnutsonm�tm{pos1o��|noonomhe � � � . Pm�ema RanohoSanAnhmnio LooaUonTheK4onoCuboverTmi||eodinghoMh�HovannburyT�i| � � � � Nov17 Ongoing theft of property from the former Crites Property area of the preserve was observed. Wood and Rangers: 1 � � *p /2r34n scrap from the remaining structures have been stolen since the property was acquired. District rangers �pu|ic*� 1 � v�thSanta C|amCounty ShehfyoDapuUanin0omvw interviewed parties pr operties. NooitaUonuor � arrests have been made. Preserve SienuAzu| Location Primus Trai|.fomnorCh�mpmpedy � � � � Thursday,February V7,2013 Page 3«y5 � � � Nmv18 A District ranger received a report from a visitor of a man acting abnormally at the Russian Ridge Vista Rangers: 3 MA /2S261 Point on Highway 35. The reporting party described the man ua"acting crazy,"yelling at people and Folkm�� 1 wm�ngaround what looked like aormwbu� Di�hntmangwrnorehnmi|iarwdhdheindi�dua|.and responded 0n observe his behavior and ensure visitor safety. San Mateo County Sheriffs department � was requested and when they arrived the man was acting normally. � � Poeemnm Off District Lands'Skyline Location Hwy. 35/Russian Ridge Vista Point Nov1Q A traffic flare was found bya District ranger in the parking lot. Someone had tried 0o light it, but the flare Rangers: 1 09/232«3 had some water damage. No suspects were seen in the area. Preserve LoaT/onoon Location Parking lot Nmw19 District rangers observed an individual inside the closed area of the preserve with 4 unleashed dogs. He Rangers: % »9/2S2m4 was cited for dogs"Off Leash Violation"and released. Other violations included being inside oclosed area and dogs prohibited. Pnmoame Lm Honda Creek Location Closed area inside LHUS � Nmv21 A report was received advising that a man was releasing squirrels in the Preserve.One District ranger Rangers: 1 | V9/2F3o/ met with the reporting party, obtained witness information,and completed a report. Pn*eenm Rancho San Antonio County Park Location � Nmv22 During the annual Thanksgiving Day"Turkey Trot Bicycle Ride"in the Preserve e bicycle accident Rangers: 3 xn/2r354 occurred.One patient was evaluated by Santa Clara County Fire for an arm and shoulder injury and �po|ine� 1 released tooOiobi�� tr ansported local medical facility. � Preserve SierraAzu| Location Priest Rock Trail | Nmw22 During the annual Thanksgiving Day"Turkey Trot Bicycle Ride"i the Preserve e bicycle accident Rangers: 1 � AR/uFnoo occurred.One patient with facial injuries was evaluated and released by Santa Clara County Fire � Department.The patient was discovered while District rangers were responding to a different bicycle / accident. Information was gathered after the fact bytelephone. Pnaeen/e SinnaAzu| Location Priest Rock Trail � � Nom22 During the annual Thanksgiving Day"Turkey Bicycle Ride"in the Preserve,one participant had a Rangers: 1 AR/2F3n2 bicycle accident,The patient was treated for facial wounds by a District ranger and declined further � medical assistance. She signed on AMA(Against Medical Advice)form. � Pn*mome SienaAzu} Location Kennedy Trail Nov 23 A District ranger monitoring the San Mateo Fire frequency heard a report of a woman suffering some Rangers: 1 � 6R/2S200 kind of allergic reaction. The ranger responded Vo the scene. En route the ranger was advised by dispatch that fire and medics were on-scene attending 0o the victim. Upon the ranger's arrival the victim � had been transported by ambulance toa hospital for further observation. When contacted,Cmaetnide � Fire informed the rangers that the victim had not suffered any insect bites and the allergy was probably � food related. � � Praoowo Puhoima Creek Redwoods Location Puhsima Creek Road parking lot-PCO5 � � Nmv24 A District ranger observed a hiker with a dog"Off Leash Violation"in a dogs"Prohibited Area". The Rangers: 1 07/23200 owner was cited for dogs prohibited and verbally warned for having the dog off leash and released. � � Preserve Long Ridge Location Hickory Oaks Trail � Nov26 District rangers working in the Skyline area were informed by a Foothills ranger of evidence of someone Rangers: 2 � 6R/2S2r' cutting vegetation un the former Ham property in Sevens Canyon. Upon investigation,old and new | cuttings were found along the route. The area im not open ho the public and the route has become very � overgrown. Noonevvaea�enintheama � � . � � Pnmoenm Monte Bello Location MB10 road bed inside gate � Nuv26 While on patrol District rangers discovered fresh ATV/motorcycle tracks at the far end of the orchard at Rangers: 2 o9 /uSoroStevenst*venoCanyonRench. Fresh evidence was found of someone having done^donute^around the old � orchard trees near the creek and old growth redwood area. Tracks led along o path up the creek � toward private property. No suspect was seen in the area. Pn*aemm Saratoga Gap Location Stevens CanyonRanch area | � Thursday,fehrxo9'V7,2o/3 Page 4gF5 | � i DATE VANDALISM DETAIL Nov 09 Guard rail tagged. VL Preserve Sierra Azul Location SA07 Nov 14 Stop/Caution highway crossing sign tam off post. VL Preserve Monte Bello Location MB06 Thursday,February 07,2013 Page 5 of 5 TO: General Manager FROM: Gordon Balllie Monthly Field Activity Summary Report Between 121112012 And 1213112012 CITE WARNING JCR KNOWN TOTALS TOTALS DISTRICT VIOLATIONS VIOLATIONS ENFORCEMENT 101 Bicycle Citations&JCRs Issued 35 Bicycle after hours 3 1 0 0 4 Closed area-bicycle 4 0 0 0 4 Parking Citations Issued 43 Helmet required 1 0 0 0 1 All Written Warnings Issued 18 Trail use speed limit 1 1 0 0 2 Police Assistance 5 Closed Area Enter sensitive/hazardous closed area 2 0 0 0 2 Enter temporary/regular closed area 11 4 0 0 15 LAW ENFORCEMENT 28 Law Enforcement 28 Dog Dog in prohibited area 1 1 0 0 2 Leash required-Dog 7 9 0 0 16 ACCIDENTS/INCIDENTS 4 Nuisance dog prohibited 0 1 0 0 1 Lost Person Search 1 Other After hours 2 2 0 0 4 Medical-Bicycle Accident 1 Damaging/removing plants 0 1 0 0 1 Medical-Hiking/Running Accident 1 Permit Vehicle Accident 1 Camping without permit 1 0 0 0 1 DISTRICT TOTAL 33 20 0 0 53 MUTUAL AID 6 CITE WARNING JCR KNOWN TOTALS NON DISTRICT VIOLATIONS VIOLATIONS Fire Incident 1 Other Law Enforcement 1 Entering, remaining after hours 2 0 0 0 2 Medical-Motorcycle Accident 2 NON DISTRICT TOTAL 2 0 0 0 2 Vehicle Accident 2 GRAND TOTAL 35 20 0 0 55 I 'JCR Juvenile Contact Report Thursday,Fehruary 07,2013 Page I of 4 PARKING VIOLATIONS one wARw|wo TOTALS | DISTRICT ou 0 42 ProhibitedAn*ao(Noarhydmrt- 15*) 1 n 1 Prohibited Areas(After hours) 41 o 41 PARKING VIOLATIONS CITE W*nw/wG TOTALS | NON DISTRICT 1 n 1 No parking 1 O 1 «a o 43 � DATE OCCURRENCES OF SPECIAL INTEREST � 0ecU2 A District ranger was driving south-bound on Highway 17 and witnessed a pickup truck pass her vehicle Rangers: 1 M4 /2F362 and swerve toward the center median as the|uft front wheel node up and along the concrete center �po|ion� 1 divide.thenowingaonmootho|aneohit�nythmhiUnida.Thedhverdmvnthevehic|eovertoNheeidenf � Highway17. The ranger confirmed that the two occupants were uninjured and assisted with traffic � control until the fire department and CHP arrived onscene. � � � Pnsmenm UffDisthdLande-FoothiUn Location Highway 17(southbound).3mi south of'The Cats" � � Dec09 Two motorcycles andevohickecoUided. The location was initially reported eo being Highway 35and Rangers: G � MA /28270 Alpine Road, but itturned out hzbe Highway 35and Podo|o Heights Road. The motorcyclists sustained po||u*� 2 � significant i�uhaaand wemflown out byheUoopVor. The vehicle occupant was pregnant and was having � � some medical issues,and was transported by groundombu|ancw. District rangers assisted with patient � care and established m landing zone for the helicopter. � Preserve Off District Lands-Skyline Location Hwy.35a1Porto|a Heights Road � Dwc10 A District ranger found a pile of mail on the side of the highway which appeared to be stolen,due to Rangers: 2 several The mail was*umedinat the main post ofhooin mm /u3crr � Redwood City. � � Preserve Off District Lands'Skyline Location Hwy. 35. 1/4minonf Thomas Fogerty Winery � Dec11 Two subjects were stopped and cited for bicycle"After Official Hours Use Prohibited"violations. Rangers: 2 � »*/up37/ � Pmoemo SienaAzu| Location Kennedy Trail �� Deu11 Two subjects were st Rangers:mngern: 2 IR,oF3m � Preserve Sierra Azu|'Rancho deGuadalupe LncadnnSienaAzu|-RonohodoGuada|upa Dec15 A fatality bicycle accident occurred in the Long Ridge Preserve. The patient was found on the Hickory Rangers: 5 � xn/z3�u0 Oaks Trail inthe Ridgepraaema.Theaodden*000urn*dwhi�Uhapo�onwmandingv�dhfhnndein � the preserve. When one friend caught up with the patient hw was sitting nn the ground complaining of numbness in his jaw,and vomiting.The patient asked his friend to ride ahead and move their vehicle from the Saratoga Gap parking area Vn the trail head mt gate LR01,and to pick him up there. When the � friend arrived at the gate and the patient was not there,the friend rode back to find the patient � unconscious and unresponsive. District rangers responded to the scene. When they arrived Cal Fire was administering CPR. Cal Fire also had anAED(Advanced Electrical Device)and it was inuse � although no shock was ever advised. District rangers assisted in providing care and packaging the � patient for transport. The victim was pronounced deceased while being transported. The Santa Cruz � County Coroner took over and Saratoga Summit Ca|F|mStation. � � Pmaume Long Ridge Location Hickory Oaks Trail � � Thursday,February 07,2V{3 Page 2 of 4 � Dmm15 District rangers were contacted by Mountain View dispatch with a report of an overdue bicyclistin the Rangers: 8 I9 /2S28/ preserve. District rangers responded Uo the area and started asearch. The missing person was found by a District ranger at the bottom of Steven's Canyon Rd.approximately 1/2 hour later. The cyclist had � been involved inan accident on the trail and abandoned his broken bicycle. The cyclist had abrasions � on his hands and said ho did not lose consciousness. He signed on Against Medical Advice(AMA)form and was released to his friends. Preserve Saratoga Gap Location Monte Bello gate 1O. bottom nf Steven's Canyon Rd. 0ec1G Three bicycles riders were observed by a District ranger riding in a seasonally closed area of the Rangers: 1 V9 /2S28J preserve. One was cited, J were given written warnings and all were released. � Preserve Long Ridge Location Long Ridge Trail � Deo16 A District ranger observed 2 individuals riding bicycles on the seasonally closed trail. When contacted Rangers: 2 oq/2So8a the men became agitated and one stated hu wanted a lawyer. One stated h*would not give his identification 0o the ranger. Ha was convinced ho provide information and was finally identified through Mountain View dispatch. Both men were cited and released. Pnenmnm Long Ridge Location Peters Creek Trail Dec16 District rangers responded Code 3 to the lower entrance of the preserve for a report of a man down on Rangers: 2 IR /33283 the trail. When the rangers arrived the patient had been assessed by San Mateo County Fire,and they �po|io*� J � were tronupo�inghim out of the pn000mo. H*hodinge�odonunknownquundtyundtypnof prescription drugs and was dressed only in his underwear. He stated that hn wanted hobe with his mother who he buried in the preserve. The patient was transported by ground toahospital. |t was later � determined that his mother was deceased and buried in a cemetery in Colma, CA. � Pnmeon/e Puhoima Creek Redwoods Location Harkins Ridge Trail � Dmo1$ A District Open Space Technician reported vandalism to the signboards and restroom inside Purisima Rangers: 2 � � »*/2s2o4 Creek Gate PC05.at the lower entrance 10 the preserve. The locks on the signboards had been forced � open and the Plexiglas and wooden faceplate were missing. The latch on the mestroom cabinet had been torn off and the box,which holds maps was gone.The Plexiglas on the map box was also gone. � � Preserve Puhsimo Creek Redwoods Location Inside lower gate PCD5 � Dmoi8 Two subjects were stopped and cited for"Closed Areas"violations. Rangers: 2 IR 12F373 � Preserve Bear Creek Redwoods LooadonBCO4 Dw�21 A male jogger was out mnninginin�emont weather. Ho said ho was mnn|nguphiUwhen ho heard a Rangers: 3 � large He budwosohnokbyopordonofdvo|imbandhd � �R/��ro � ' the ground suffering lacerations Vm the rear of his head and 0o his face. Ha also was experiencing shoulder pain. He walked 0m Deer Hollow Farm and was evaluated by District rangers,Santa Clara County Fire,and Rural/Metro medics. Ho was transported to the hospital byambulance. Preserve Rancho San Antonio Location Upper Wildcat Canyon Trail � Den29 A structure fire was reported off Mt. Umunhum Road above Barlow Road. A District ranger responded ho Rangers: 1 � mm ,uF38» lead CAL FIRE and San Jose Fire into the area. A generator shed un the property caught fire and was � destroyed.The ownercontained the fire with u garden hose. San Jose Fire also evaluated anelderly female who fainted. Preserve OffDisthctLandn-FnothiUa Location Stotts Property � Dec 30 Two subjects were stopped and cited for"Hazardous Closed Areas"violations. Rangers: 2 � m/2F380 � Preserve Sierra Azu|-Mt. Unounhum Location Former Almaden Air Force Base(K4t. Umunhum) Dec 38 District rangers on a patrol check of the Stevens Canyon Ranch area saw fresh off-road vehicle Rangers: 2 6Ry�gu90 (moton�o|o)�aokoat the end of the orchard area. They found aamuUof�mmdm�o�yc|e with the � matching tire tread,size, and pattern, in addition to fresh grass moisture on the tires parked in the barn where both the District and tenants store equipment. Preserve Saratoga Gap Location Stevens Canyon Ranch � Dec3D While on patrol,a District ranger observed a person in a sleeping bag near the edge of the parking lot. Rangers: 1 He He He � /R /�8uO� � � � cited for"Camping without Permit"and released. � Preserve Skyline Ridge Location Near Whole Access lot � � Thursday, }eh,aoq'V7,20/3 Page 3mr4 � F—Dec 31 An off-duty paramedic witnessed an injury bicycle accident on the trail. She saw the subject crash on to Rangers: 2 AR 12F383 his right side. The off-duty paramedic made a telephone call for the patient,who said that he only wanted assistance getting out of the park. The bicyclist said that he had been riding down the trail on the section above the creek at low speed when he lost control and landed on the trail. District rangers received a report as did Santa Clara County Fire and Rural/Metro.The patient did not lose consciousness but complained of severe pain on his right side and had a possible displaced rib according to the Rural/Metro medic.The bicyclist had walked out on his own and signed an Against Medical Advice(AMA)form and was transported by his wife. Preserve Sierra Azul Location Limekiln Trail Dec 31 A District supervising ranger was informed of damage to District fencing around Windy Hill Gate WH06. Rangers: 2 IR 12S289 A vehicle had crashed off Alpine Road into the fencing on both sides of the gate. A San Mateo Sheriff Police: 1 Deputy took a report. Preserve Windy Hill Location Near Gate WH06 DATE VANDALISM DETAIL Dec 16 Both locks on each signboard were forced open and the wooden faceplate removed from the right signboard. The latch A on the restroom cabinet had been torn off and the map tote was missing. The plexiglass was missing from the map box and right signboard. Preserve Purisima Creek Redwoods Location Inside Gate PC05 Thursday,February 07,2013 Page 4 of 4