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HomeMy Public PortalAbout20130313 - Agenda Packet - Board of Directors (BOD) - 13-07 Midpeninsula Regional Open Space District Meeting 13-07 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Administrative Office 330 Distel Circle, Los Altos,CA 94022 Wednesday, March 13, 2013 SPECIAL MEETING BEGINS AT 5:30 P.M.* REGULAR MEETING BEGINS AT 7:00 P.M.* AGENDA 5:30 SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT— STUDY SESSION ROLL CALL 1. Vision Plan Public Engagement Approach and Community Conversation Discussion—K. Lenington and S. Sommer 7:00 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT— OPEN SESSION ORAL COMMUNICATIONS—PUBLIC ADOPTION OF AGENDA SPECIAL ORDERS OF THE DAY Introduction of New District Staff—April Funiestas,Peggy Koenig,and Alex Roa 7:05 CONSENT CALENDAR I. Approve Minutes of the Special and Regular Board Meetings—February 27,2013 2. Approve Revised Claims Report 3. Written Communications—Montevina Homeowner's Association 7:20 BOARD BUSINESS 4. Approval of an Agreement to Exchange Interests in Real Property between Peter Sinclair(Sinclair), and Midpeninsula Regional Open Space District(District),at the Sinclair Property(Santa Clara County Assessor's Parcel Number: 517-16-022) located on Redhill Road, Los Gatos,California(adjacent to El Sereno Open Space Preserve); and Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act(CEQA)—A. Ishibashi i BOARD BUSINESS(CONTINUED) 5. A. Adoption of Midpeninsula Regional Open Space District Fiscal Year 2013-14 Action Plan and Budget— Action Plan and Budget Committee B. Adoption of Midpeninsula Regional Open Space District Fiscal Year 2013-14 Action Plan-- K. Drayson C. Adoption of Midpeninsula Regional Open Space District Fiscal Year 2013-14 Budget—K. Drayson 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. T0jDDRFVS THE BojRD: The President will invite public comment on tigenda items tit the time each item is considered by the Board of Directors. You may address the Board concerning other matters during Oral Communications. Each speaker will ordinarily be limited to three minutes. Alternately,you may comment to the Board by a written communication, which the Board appreciates. Consent Calendar:A//items on the Consent Calendar may be approved without discussion by one motion. Board members, the General Manager, and member.,;of the public may request that an item be removedfirom the Consent Calendar during consideration ofthc 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. 11�111ljjii III i 0 19AX I EIXMI 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 March 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 h412—WWW.L) Signed this 8"'day of March,at Los Altos,California. ffl R1 rV% District Clerk March 8,2013 Mid peninsula Regional ' Open Space District R-13-33 Meeting 13-07 March 13, 2013 STUDY SESSION AGENDA ITEM I STUDY SESSION AGENDA ITEM Vision Plan Public Engagement Approach and Community Conversation Discussion GENERAL MANAGER'S RECOMMENDATION Review and discuss the Vision Plan public engagement approa and Community Conversations protocol. SUMMARY In January 2013, the Midpeninsula Regional Open Space District (District) Board of Directors (Board) endorsed the proposed Vision Planning process and the associated Communication, Engagement, and Public Participation Plan (CEPP) as an important component of the overall strategy to meaningfully engage the public in the visioning process and build support for the District. The first and second phases of the CEPP are currently underway. The purpose of this Study Session is to provide a status report on the project team's efforts to elicit the public's vision and aspirations for the future of open space in the District, and to directly involve the Board in the Community Conversations. As part of this Study Session, the project team will ask the Board members to share responses to the four Community Conversation questions listed within this report. DISCUSSION The Vision Plan process will focus the District's strategies to enhance regional collaboration, build public support, and enhance financial and staffing resources by identifying priorities for land conservation, resource management, and low-intensity recreation. A critical step is to clearly understand community, partner, and stakeholder interests, values, knowledge, and perspectives related to open space. Toward this end, the community engagement process includes the a series of partner, small group, and "person on the street" interviews, called "Community Conversations" to meaningfully engage the public in the visioning process and build understanding and support for the District. What are Community Conversations? Community Conversations are a flexible but consistent way to gather people's thoughts, ideas, aspirations, and values in a way that fosters two-way engagement, supports relationship-building, and complements scientific polling District staff and public participation consultant Public Dialogue Consortium (PDC) will work with this engagement strategy in the second and third phases of the vision planning process (January— September 2013). R-13-33 Page 2 The conversations follow a"protocol" involving an introduction followed by a few simple open- ended questions that relate the participant's hopes for the future to the District's Vision Plan themes of- 0 Healthy plants, animals and waterways 0 Sustainable working lands 0 Access to open space for exercise and education 0 Beautiful scenery and interesting history The introduction also refers to theme photographs (see Attachment 1)to focus and provide a framework for the dialogue. The questions are: 1. Keeping these open space themes in mind, what do you want the Peninsula, South Bay, and San Mateo Coast to be like in the future? 2. How might these open space themes contribute to the future you imagine? 3. Can you tell me more about why these things you have mentioned are important to you? 4. What are the most important actions that the Midpeninsula Regional Open Space District or others could take to move us toward the kind of future you want? The"conversations"will take different forms including in-person or telephone interviews, facilitated small group conversations (like a focus group), and online"town hall" discussions. The online discussions will use the Mindmixer web platform, which is effective in engaging technology-savvy members of the public and younger constituents. During the study session, staff and PDC will facilitate a short Board Community Conversation based upon the four questions listed above. Staff will also provide a brief demonstration of the Vision Plan online town hall (Mindmixer web site) which is designed to closely parallel the interview experience. Who will facilitate the Community Conversations? College students from San Francisco and San Jose State Universities will receive training and support from PDC to facilitate and document community conversations throughout the region. As the process evolves, the District may also utilize staff, a select group of docents, and potentially, willing District partner organizations to conduct the interviews. These interviewers would also be trained by PDC and follow the same approach as the students. When will the Community Conversations occur and who will participate? Student-facilitated Community Conversations will begin in March 2013. Conversations will start with the Board, Community Advisory Committee(CAC) and District partners. Students will also attend community events (e.g. fanners markets, District outreach events) to conduct the interviews and respond to requests for individual or group interviews through May 2013. Between June and September 2013, PDC will monitor the pool of participants and target outreach to populations who have not been represented (e.g. geographic areas, interest areas, ethnic groups). Questions may also be adapted at this time to emphasize the particular themes needing further input. How will input be documented and used? Community conversation notes and quotes will be documented and stored electronically. Participants can remain anonymous or include their names, as quotes and themes are shared on the Mindmixer website. Responses to the Community Conversation questions will be reviewed R-13-33 Page 3 by MROSD, its Community Advisory Committee, and the Board of Directors. In the third phase of the Vision Planning process, the responses will be integrated with scientific analysis to shape major components of the Vision Plan, including the open space goals, and action selection criteria. FISCAL IMPACT Expenses necessary to conduct the public engagement activities identified herein are expected to remain consistent with the budget estimates presented at the January 15, 2013 Board Report (see R-13-10), which are accounted for in both the current FY2012-13 and proposed FY2013-14 budgets. BOARD COMMITTEE REVIEW Board Committee review was not needed for this item. PUBLIC NOTICE Notice was provided pursuant to the Brown Act. Notice was also sent to the Vision Plan interested parties list and to the Community Advisory Committee members. CEQA COMPLIANCE A status update to the Board does not constitute a project under the California Environmental Quality Act (CEQA). NEXT STEPS Trained interviewers will conduct the interviews and respond to requests for individual or group interviews through May 2013. Attachments: Attachment 1, Community Conversations photo postcard Responsible Department Head: Kirk Lenington, Natural Resources Department Manager Prepared by: Sandy Sommer, Senior Real Property Planner Contact person: Sandy Sommer, Senior Real Property Planner MAGINE the FUTURE Of Open Space MIDPENINSULA R E G 1 0 N A L OPEN SPACE Tell us how YOU gine • • • nocia Midpeninsula Regional Open Space District would like your help in defining open space on the Peninsula, ' South Bay, and San Mateo Coast. Wr Help us imagine a future that includes: -. . � •Healthy plants, animals, and waterways ' •Sustainable working lands = �: •Access to open space for exercise and education •Beautiful scenery and interesting history r �y. Comment on these and other themes that important to you at or obtain more informs on , © 0 0 '� _ s Photography:Karl GON,Deanet "Z,pea II � Claims No. 13-05 ^ Meeting 13-07 Date 3/13/13 � � Midpeninsula Regional Open Space District � � # Amount Name Description � 18588 $28.779.** Shute,Mihaly&WeinbergeLLP Legal Services'Reclamation Plan Review Support For Lehigh Quarry 19589 $19.705.00 Winegar Air Sciences Air Monitoring'RSA 19590 $12.432 1O Public Dialogue Consortium Consultant Services For Vision Plan Public Participation 19591 $7.850.00 *|ov Iron&Metal Demolition C*Pu|gas Ridge Water Tank � 19592 *7.339.18 Aunnvnvwmpo Accounting Temps � 19593 $4.207,00 TKO General Engineering& Balance&Retention'Construction Services For ECDMStaging � Construction Area&Connector Trail � 1958* $3.650.40 mnrthge»s Environmental Management Goo Sampling At Mt.Vmunxvm � � /9595 $3.419.90 Hsieh, Benny Reimbursement-Server Hard Drive/Breaxmmm Supplies / � nmoa,ies/70^LCD Display Fn,AO2 Conference Room 19586 $3.000.00 Cemeqhi'B|um&Partners Ro"im°Of Access Easement Appraisal Along Mt. Umunoum Road 19587 $2.425.19 Garden|anu Power Equipment Cxoineu~Paxs � 1e5e8 $2.328.75 Normal Data CnnxukomSenxcen-PennitsDataboae � 19599 $2.290V0 Bowerman Electric Bemnoa|Repairs'Rwote|Residence/Back Up Generator Transfer Switch pxGrO 19800 $2.273.60 ~1 San Mateo County Planning&Building Building Permit Fee-Solar Powered Gate/wECDK8 Staging Area � Department 19601 $2,260.00 Fall Creek Engineering DesiQn&Engineering Services For Pond onV5xxLeHonda | Creek 19602 $2.25e.00 The Creative Group Temporary Media Communication Specialist � 19003 $1.800�00 Anderson-winwmnde,Cunatruction Rental Residence-Concrete Floor Repair � � 19804 $1.725.00 Don Wade Electric Company Electrical Repairs'Rental Residence 19605 $1.724.76 Summit Uniforms Uniform Expenses 1960e 81.565.90 Shute,Mihaly u Weinberger LLp Legal Services For Proposed Ridge Vineyards Land Exchange 1ee07 $1.*50.23 Cvutcv Break Room&Office Supplies-FrV&*O/Backup Hard Drives 19608 $1.324.00 Overhead Door Company[XSanta Door Repair/xOFOShop C|uno / � 19809 *1.250.00 Rxus Ridge Association Annual Road Maintenance Dues / 19610 *1.200.00 # Woodside Pnno|ePatrol Patrol Services'Hawthorn Property 19611 $1.172.00 Communication&Control Radio Repeater Site Rent'TnmUoHill 19612 $1.000.00 California Pension Group Public Retirement Consulting Services � 19813 $959.55 Cal-Line Equipment Parts For Chipper ! 19614 $865.32 Redwood General Tire Company Tires&mre momnouvn 19815 $840.77 Fitzsimons,Renee Reimbursement-National Association For Interpretation Conference Expenses/Message Training Workshop Expenses / Docent Supplies � 19616 *612.00 BiU'u Towing Service Towing Services � 19617 $550.46 United Site Services oanuenonmemicen-pmmont Older u Sierra xau| � 19618 $548.37 Kern,Grant Reimbusement-Undonn Expenses 19819 $531.41 ^o Claire Moore Reimbursement'Electricity For Air Quality Monitoring/wRSA � 19620 $48125 Simms Plumbing&Water Equipment Quarterly Water System Service/Well Service'Rental � Residences � � 19831 $472.e4 Pape' Machinery Tractor Maintenance Supplies'Oil&Filters � 19622 o463.83 Interstate All a n�wCeom, Radio Batteries en � 19823 $45400 Junro �in�on| Raim��mmmmn� Propane For Residence ' � . - � 19824 $400.00 vvvpdxumsElectdua| mgaoOvthetFn,UVVVoterRltraVvnSystem-Ramo|wvomwnce ' 1�83n $xouua Californiavaoer�emioe�ompuny Water FF0 vvm�yom&nnn�m|Rmni�en � � - . uou � 19626 $321.00 Tyco Integrated Security Alarm Service&Repair'FF0 � � 19527 $282.50 CMnAvmmnove Vehicle Maintenance&Repmirs � � 1e628 $260.e9 Couoe|.Scott Reimbursement'Uniform Expense 19629 $28V�4 Priority Public Gpo*oQh�|n»�mn�hunFn/Pa�m|Tmox/�moLiVh� � � � 19530 $250.00 Metro Mobile Communications Repair DHF Portable Radio � Page,mx � � Claims No. 13-05 Meeting 13-07 Date 3/13/13 Midpeninsula Regional Open Space District # Amount Name Description 19631 $215,94 G&K Services Shop Towel Service-SFO&FFO 19632 $200.00 Coastside Technical Service Kitchen Repairs-Rental Residence 19633 $194.43 O'Reilly Auto Parts Oil Change Supplies For Tractor 19634 $183.89 Gartside,Ellen Reimbursement-Volunteer Supplies 19635 $175.00 *3 San Mateo County Hazardous Waste Disposal Fee 19636 $149.00 # Matrix Pest Control Services-Hawthorn Property 19637 $143.22 Reed, Steve Reimbursement-Uniform Expenses 19638 $123.89 Big Creek Lumber Lumber For Deck Board Replacement For Harkins Bridge At Purisima Creek 19639 $109.00 Coastal Sierra Internet Service-SFO 19640 $102.00 Mort,Jim Reimbursement-Uniform Expense 19641 $94.89 Madco FFO Shop Supplies 19642 $92.81 Allied Waste Services Garbage Service-Rental Residences 19643 $70.61 Hammond,Tracy Reimbursement-Bicycle Helmet 19644 $70.26 Stevens Creek Quarry Base Rock For Rental Residence Pathway 19645 $63.90 Royal Brass Air Hose Parts 19646 $60.00 Sanguinetti,David Reimbursement-Cell Phone 19647 $55.00 California Department Of Public Health Water Treatment Operator Certification Renewal Fee 19648 $34.76 # California Water Service Company Water Service-Hawthorn Property 19649 $29.80 Turf&Industrial Equipment Company Tractor Supplies 19650 $13.93 JaVelco Equipment Service Air Filter For Fire Pumper 19 65 1 $12.21 United Parcel Service Parcel Shipping Total $129,625.32 *1 Urgent check issued 3/11/113 *2 Urgent check issued 3/5/13 *3 Urgent check issued 3/6/13 # Hawthorn expenses Page 2 of 2 � Claims No. 13-06 ` Meeting 13-07 Date 3/13/13 Revised Midpeninsula Regional Open Space District # m^mmmmmt Name Description � 19588 *28.77e.44 Shute,Mihaly&Weinburge,LLp Legal Services'Reclamation Plan Review Support For Lehigh � Quarry 19509 *18.76500 Winegar Air Sciences AirMnnitn,ing-RSA 19590 *12.*52.10 Public Dialogue Consortium Consultant Services For Vision Plan Public Participation 18591 *7.850.00 A|co Iron&Metal Demolition{fPu|geo Ridge Water Tank 19592 $7.33e.18 xcoountempu Accounting Temps � 19593 $4.207.00 TKO General Engineering& Balance&Retention-Construction Services For ECDMStaging � � Construction Area&Connector Trail � � 19594 $3.6e0.40 mnrthgovs Environmental Management Soil Sampling pu Mt.Umunxum � 19595 *3.419.9O Hsieh, Benny nmimbumemont-Sem � m Server Hard� Batteries/rO''LCD Display For AO2 Conference Room 19596 $8.000�00 Cumpgm'o|vm&Partners Review Of Access Easement Appraisal Along Mt.Umuooum Road 19597 *2.425.19 Gavdwn|ono Power Equipment ChoinmowParto 1e5e8 %2.328.75 Normal Data conounontGeminns-Pomnnnootmbuoe 19599 $2.280.00 Bowerman Electric Electrical Repairs'Rental Residence/Back UpGenerator � Transfer Switch AxGFO � 19000 $2.273.00 ^1 San Mateo County Planning&Building BuUdingpennxFee-Go|erPowmmd Gate/wECDM Staging Area � Department � 19501 o.oOn�VO Fall Creek Engineering Design&Engineering Services For Pond DRn5At La Honda � oeax � 19602 $2.255.00 The Creative Group Temporary Media Communication Specialist 18603 $1.800.00 Anderson-Niowaode,Cnnstmmion Rental Residence-Concrete Floor Repair � 19604 *1.725�00 Don Wade Electric Company Electrical Repairs'Rental Residence � � 19605 *1.724J8 Summit Uniforms Uniform Expenses 19605 $1.565y0 Shute,Mihaly&Weinberger LLp Legal Services For Proposed Ridge Vineyards Land Exchange 19607 $1.45023 Cuotoo Break Room&Office Supplies'FFO&*O/Backup Hard Drives � 19608 $1.324.00 Overhead Door Company OfSanta Door Repair puSp0Shop � Clara � 19509 $1.250.00 mhvo Ridge Association Annual Road Maintenance Dues � � 19610 *1.200V0 w Woodside pouo|aPatrol pat,p|Gemioeu-nawwxomPmnenty 19611 $1.172.00 Communication&Control RamoRopeoterSxwRwnt-Tnmitpmn � 185/2 $1.000.00 California Pension Group Public Retirement Consulting Services 18513 $959.55 Cal-Line Equipment Parts For Chipper 1901* *885.32 Redwood General Tire Company Tires&Tire Installation 19015 $840.77 Fitzsimons, Renee Reimbumemont-waUnno|AynoniadnnFormtemnatmioo � Conference Expenses/Message Training Workshop Expenses / � Docent Supplies 19615 *01200 8m'a Towing Service Towing Services � 19*17 $aso.*s United Site Services SanitatmmSemkces-FrempmOmn,&Gienaxzm 19618 *5*8.37 Kern,Grant Reimuumement-Unoonnsxnenoem 19e19 $531.41 ~2 Claire Moore Rnimbmopmmnt-Bect'ioityFo,AirQuenty Monitoring/vRSA � 18620 $481.25 Simms Plumbing&Water Equipment Quarterly Water System Service/Well Service-Rental Residences � 19821 $472.94 pope' Machinery Tractor Maintenance Supplies'Oil 8Filters � /9622 $463.83 Interstate All Battery Center Radio Batteries � 19623 $454.85 Judch.Minheo| Reimbursement'Propane For Rental Residence 1982* $*OV.VV vxpvuhamsElem,ivo| Install Outlet For Uv Water Filtration System-Rental Residence 19825 $38e.25 California Water Service Company Water Service-rFO.Windy Hill&Rental Residences � 19836 $321.00 Tyco Integrated Security Alarm Service&Repair-FFD � 19627 $282,50 CMK Automotive Vehicle Maintenance&Repairs � 19e20 $200.69 Conave|.Scntt Reimbursement'Uniform Expense � 19629 $260.1* Priority Public Safety Equipment Spotlight Installation For Patrol Truck/Map Light 19630 $250.00 Metro Mobile Communications Repair DHF Portable Radio � Page,ma Claims No. 13-05 Meeting 13-07 Date 3/13/13 Revised Midpeninsula Regional Open Space District # Amount Name Description 19631 $215.94 G&K Services Shop Towel Service-SFO&FFO 19632 $200.00 Coastside Technical Service Kitchen Repairs-Rental Residence 19633 $194.43 O'Reilly Auto Parts Oil Change Supplies For Tractor 19634 $183.89 Gartside,Ellen Reimbursement-Volunteer Supplies 19635 $175.00 *3 San Mateo County Hazardous Waste Disposal Fee 19636 $149.00 # Matrix Pest Control Services-Hawthorn Property 19637 $143.22 Reed, Steve Reimbursement-Uniform Expenses 19638 $123.89 Big Creek Lumber Lumber For Deck Board Replacement For Harkins Bridge At Purisima Creek 19639 $109.00 Coastal Sierra Internet Service-SFO 19640 $102.00 Mort,Jim Reimbursement-Uniform Expense 19641 $94.89 Madco FFO Shop Supplies 19642 $92.81 Allied Waste Services Garbage Service-Rental Residences 19643 $70.61 Hammond,Tracy Reimbursement-Bicycle Helmet 19644 $70.26 Stevens Creek Quarry Base Rock For Rental Residence Pathway 19645 $63.90 Royal Brass Air Hose Parts 19646 $60.00 Sanguinetti,David Reimbursement-Cell Phone 19647 $55.00 California Department Of Public Health Water Treatment Operator Certification Renewal Fee 19648 $34.76 # California Water Service Company Water Service-Hawthorn Property 19649 $29.80 Turf&Industrial Equipment Company Tractor Supplies 19650 $13.93 JaVelco Equipment Service Air Filter For Fire Pumper 19651 $12.21 United Parcel Service Parcel Shipping 19652 R $3,367.92 *4 Fastsigns Deposit For Outreach Exhibit Display 19653 R $1,117.13 Orchard Supply Hardware Field Supplies/SFO&FFO Shop Supplies/Plexi Glass&Paint For New Sign Boards/Emergency Cache Supplies/Paint Supplies For AO Parking Lot/Supplies For DHF/Supplies For Gate Repair/Windshield Repair Kit/Tools For Patrol Truck 19654 R $925.85 Home Depot Field Supplies/FFO Shop Supplies/Lumber For Pathway At Rental Residence I Supplies For Annex/Supplies For Water Heater Installation At FFO/Supplies For DHF/Lumber For Chipper Push Stick/Tools For Generator Installation At SFO 19655 R $614.97 Stanton,Elisa Reimbursement-Park Rangers Association Of California Training Expenses 19656 R $575.00 Air Resources Board Permit Renewal For FFO Chipper 19657 R $238.85 Petty Cash Office&Break Room Supplies/Parking/Mileage/Carwash Field Supplies/Volunteer Supplies/Business Related Meal 19658 R $200.00 State Water Resources Control Board Water Board Permit Registration Fees For Mindego Ranch Staging Area 19659 R $125.00 Kenneth Hickman Honorarium For Docent Enrichment Training Presentation 19660 R $119.12 West Payment Center Monthly Subscription Charges 19661 R $100.00 State Water Resources Control Board Skyline Ridge Mallard Pond Permit Fee 19662 R $97.54 Gibbons,Stephen Reimbursement-Uniform Expenses 19663 R $78.00 Pacific Telemanagement Services Pay Phone-Black Mountain 19664 R $16.26 Robert's Hardware Volunteer Supplies 19665 R $8.20 # Robert's Hardware Keys For Rental Residence Page 2 of 3 Claims No. 13-05 Meeting 13-07 Date 3/13/13 j Revised j Midpeninsula Regional Open Space District # Amount Name Description Total $137,209.16 *1 Urgent check issued 3/1/13 *2 Urgent check issued 3/5/13 *3 Urgent check issued 3/6/13 *4 Urgent check issued 3/8/13 # Hawthorn expenses i j i i i t I i Page 3 of 3 I j Midpeninsula Regional ' 4 Open Space District To: Board of Directors From: Stephen E. Abbors Date: March 8, 2013 II Re: Written Communications Jeff Escallier 19581 Montevina Dr. Los Gatos, Ca. 950333 310 686-7555 leffreyescallier@amail.com 12/6/12 Board of DirectorsDEC 0 201 El Sereno Open Space Preserve 330 Distal Circle Lo s Altos, Dear Members of the Board; My name is Jeff Escallier, and I have been chosen by The Montevina Homeowners Association, and The Citizens Group of Bohiman rd, to represent them on thier behalf concerning their proposal t change p g p p o e a ge the current ruling of "no dogs allowed" on the El Sereno Open Space Preserve. It is their collective desire to amend the rules to allow dogs on a leash for the trails that start on both Bohlman road, and Montevina road. The way the space is set up now, dogs are only allowed on the Overlook Trail area. The reasons for the change are as followed; The existing rules severely restrict the use and enjoyment of the preserve by the people who use the space the most; those that live on the roads and those that live in the nearby areas. The people feel that by allowing dogs on the lower trail but not on the trails near their home unfairly and arbitrarily restricts them, but not others, who use the same preserve. Several of the members cannot or will not use the preserve without be accompanied by their digs for safety reasons. They feel that their dogs provide protection from predators of the both the animal and human variety. Coyotes and mountain lions are of particular concern, but many members have been concerned about unsavory characters that they have encountered while alone on the remote trials. This is has become a very real concern after the raid and subsequent shooting that occurred on an illegal marijuana farm a few years ago. Again, allowing only the Overlook Trail users the protection afforded by their dogs, is viewed by many members as a lack of concern by the Board for those residents living along the upper trails. The members feel that through their tax money, that they ultimately pay for the use and maintenance of the all the preserves yet are not permitted the same freedom of use simply due to their location. This same proposal was made to the board in 2008 by some residents from the Bohlman Road side, along with a signed petition and letters from some of the members of the Group. At that time the Board would not consider putting this matter on the agenda, citing cost, staffing, manpower issues and what they deemed was a low priority. They did promise to address the issue in the fall of 2010 and notify the Group of their progress. To date that promise, I do not believe, has been fulfilled. Concerning the cost issue brought up by the Board, the members of both groups, along with myself find it hard to believe that the Board found funds to implement the rule, but cannot seem to find the money to change it back. Their letter noted a law that required the Board to schedule a meeting to discuss the proposed change if it were to occur, and to notify the residents of the surrounding area. What interested a lot of the long term residents of the area about this law, was the fact that no one can seem to remember ever being notified about the initial implementation of the "no dogs allowed rule". Concerning the, staffing, manpower issues, and low priority of the request, the members of both groups feel that 3 years and counting was more than enough time to solve these problems. What we are asking of the Board this time is a timely response to our proposal, and if not approved, we would like to know specifically why it was denied. We believe that any cost or manpower issues can be overcome, and we would also like to have this matter be put on the agenda at an upcoming meeting, so the members can voice their wishes and concerns to the Board members directly. Most importantly we want this matter resolved, and we will work with the Board in any way to make it happen Please find enclosed the following items; 5 separate packets containing A copy of a petition we have circulated over the past few months. Please note the number of signatures received and the overwhelming public support for this proposal, not only from the local residents, but also from the surrounding cities, and even from out of state. Copies of letters, both recent, and ones that have already been sent to the Board, from selected members voicing support for the proposal. Past correspondence between the Board and the Citizens Group concerning the original proposal in 2008. A map showing the El Sereno Open Space, the existing trails and the location of both roads and entrances mentioned above. Thank you. Sincerely II I Jeffrey Escallier DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION Jeff Escallier 19581 Montevina Dr. Los Gatos, Ca. 95033 RE: Your letter of October 22, 2012 stating a desire for expanded dog use at El Sereno Open Space Preserve Dear Mr. Escallier, Thank you for your letter and comments regarding a request of the Montevina Homeowners Association and Citizens Group of Bohlman Road to expand dog use at El Sereno Open Space Preserve (see copy of your letter attached). At this Preserve, dogs on leash are currently allowed only on the road-width Overlook Trail, which is located in the northern reaches, specifically because of the historic dog walking use that preceded Midpeninsula Regional Open Space District (District) ownership of the property. In reviewing your request, and considering similar requests that have been submitted to the District in the last few years, it is evident that a number of District visitors and constituents are interested in Preserve access to dogs. Recognizing that dog use is of interest to the residents of the larger District and not just the neighbors and users of El Sereno Open Space Preserve, the District sees the need to review dog use in a comprehensive way at a District-wide level, rather than evaluate each Preserve separately one request at a time. This is actually quite timely given that the District has just embarked on the development of a District-Wide Vision Plan that is looking at identifying and prioritizing a range of future actions, including new recreational improvements and trail use changes across the District's 26 open space preserves. Public meetings are just beginning, starting in March with a Community Advisory Committee meeting, followed by stakeholder interviews, and Board workshops in March and May. By folding in dog use as part of the Vision Plan process, the District will be able to revisit the distribution of and demands for dog use across the District, and the most suitable locations for dog use based on habitat sensitivity, geography, dog access distribution, public input, ranger patrol capacity (given the known low compliance and high enforcement needs associated with dog use), potential user conflict, among other factors. We would like to encourage you to participate in our Vision Plan effort and welcome the opportunity to consider dog use at a regional level and hold discussions on this topic with you and others who share your interest. We have added your name and contact information to our Vision Plan notification list so that you may receive notices via mail of upcoming meetings and events. Also, please visit our Vision Plan website to obtain the latest information on this effort: http://www.openspace.org/imagine. Meanwhile, we would like to refer you to the following nearby sites that are presently open to dogs: Los Gatos Creek Trail, St. Joseph's Hill Open Space Preserve, Vasona Lake County Park, Los Gatos Creek County Dog Park, and Villa Montalvo. 330 0 ste!Circle L 0%A[to, CA 940)) (60 69 1 1200 6,,o 6c),048+ I www oppnspace(,rp Thank you again for your thoughtful input and for your interest in the District and El Sereno Open Space Preserve. If you have any questions, feel free to contact Tina Hugg, Co-Acting Planning Manager, at (650) 691-1200. Sincerely, Cecily Harris, Board Vice President Enc: Copy of J. Escallier Letter Dog Access Site Evaluation Criteria cc: MROSD Board of Directors Stephen E. Abbors, General Manager Kirk Lenington, Natural Resources Manager and Vision Plan Project Lead Tina Hugg, Co-Acting Planning Manager David Sanguinetti, Operations Manager ...,. nt.v.. tt..r i Midpeninsula Regional • ' Open Space District r , R-13-19 Meeting 13-03 March 13, 2013 AGENDA ITEM 4 AGENDA ITEM Approval of an Agreement to Exchange Interests in Real Property between Peter Sinclair (Sinclair) and Midpeninsula Regional Open Space District (District), at the Sinclair Property (Santa Clara County Assessor's Parcel Number: 517-16-022) located on Redhill Road, Los Gatos, California(adjacent to El Sereno Open Space Preserve); and Determine that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act (CEQA) GENERAL MANAGER'S RECOMMENDATIONS _T 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set out in this report. h Agreement to Exchan e Interests in Real 2. Adopt the attached Resolution authorizing the p gg Property for Patrol and Open Space easements between the District and Sinclair. 3. Adopt the Preliminary Use and Management Plan for the exchange of patrol and open space easements. SUMMARY The District has the opportunity to secure new easements on the Sinclair Property located adjacent to El Sereno Open Space Preserve through the exchange of easement interests. In exchange for the District quitclaiming its rights to a 1915 roadway and waterline easement, the District would gain a new twelve (12) foot wide patrol easement and a new 100 foot wide open space easement over the Sinclair property. This easement exchange would provide the District with a permanently improved patrol and maintenance easement and a 100 foot wide undisturbed buffer between the District's Preserve and the Sinclair Property while allowing Sinclair the ability to construct an underground garage for a new single family home on his property. DISCUSSION Background During the summer of 2012, the District was approached by Sinclair who was interested in purchasing and developing a property adjacent to the District's El Sereno Open Space Preserve located off Redhill Road in Los Gatos. Mr. Sinclair inquired about the possibility of the District working with him to relocate a portion of an existing roadway easement across the 10.15-acre private property in order to allow the possible construction of an underground garage on the property for a new single family home. Sinclair purchased and became the owner of the property R-13-19 Page 2 on July 18, 2012. In 2000, the District purchased the 258.81-acre Krone/Bishop property as an addition to El Sereno Open Space Preserve (see report R-00-62). As part of this purchase, the District acquired a twenty(20) foot wide roadway and waterline casement that was reserved in a 1915 deed over what is now a portion of the Sinclair property. In 2003, the District was sued by the predecessor in title to Sinclair in an attempt to obtain a judicial determination and declaration as to the validity, existence, nature and scope of the District's twenty (20) foot wide roadway and water pipeline easement. After a four-day trial, the trial court held that the plaintiff had failed to prove abandonment of the easement and the District's easement was in full force and affect. The Court of Appeal of the State of California concurred with the trial court's determination. The easement is not currently utilized by the District to access the San Tomas Aquinas Creek portion of El Sereno Open Space Preserve. The roadbed within the easement is in a state of disrepair and is not easily accessible by District vehicles. The roadbed continues beyond the Sinclair property into the District's preserve paralleling San Tomas Aquinas Creek for approximately 1/2mile. Description of Agreement to Exchange Interests in Real Property (Easements) The Agreement to Exchange Interests in Real Property is an agreement between the District and Sinclair. In exchange for quitclaiming the District's rights to the 1915 roadway and waterline easement, Sinclair will grant the District a new twelve (12) foot wide patrol easement and 100 foot wide open space easement along the common property line between his property and the District's Preserve. Pursuant to the Exchange Agreement, Sinclair is responsible for all costs associated with the easement exchange, including but not limited to survey costs, escrow fees, recording costs and all other third party costs related to this transaction. The exchange of easements may be handled through escrow. Each of the proposed easements is discussed in more detail below. Quitclaim of 1915 Roadway and Waterline Easement The District acquired this easement through the purchase of the adjacent 258.81-acre Krone/Bishop property. As stated above, this easement was not maintained prior to the District's ownership and the roadway has not been maintained in a serviceable condition since the District has owned it. Although this easement has not been utilized in the past, District Operations Staff recognizes that this easement could provide useful in the future for emergency, general patrol, and maintenance needs. Under the proposed casement exchange, this casement would be quitclaimed and replaced with a new patrol and maintenance easement that would be maintained in perpetuity by Sinclair and all future property owners. Patrol and Maintenance Easement A new twelve (12) foot wide patrol and maintenance easement would replace the existing twenty (20) foot wide 1915 roadway easement over the Sinclair property. For approximately 100 feet, the new easement would follow a slightly different path than the original 1915 easement in order to provide a reasonable buffer between the easement and the planned underground garage. Per the easement agreement, Sinclair would be responsible for constructing and reviving a five(5) foot wide roadbed within the easement area that is suitable for standard off-road utility vehicles. R-13-19 Page 3 Sinclair and all future property owners would also be responsible for maintaining the easement roadbed in perpetuity. Open Space Easement As additional consideration for quitclaiming the 1915 roadway and waterline easement, Sinclair had also agreed to grant the District a 100-foot wide open space easement along three sides of his property that are adjacent to El Sereno Open Space Preserve and San Tomas Aquinas Creek. The proposed open space easement will cover approximately 37% or 3.75-acres of the 10.15- acre Sinclair property. The easement will protect in perpetuity the views, open space, and natural habitat of the area. USE AND MANAGEMENT Preliminary Use and Management Plan (Next Steps) The Preliminary Use and Management Plan will take effect at the close of escrow and remain effective until the Plan is amended or a Comprehensive Use and Management Plan or Master Plan is approved for El Sereno Open Space Preserve. Structures and Monitor the construction of the new roadbed for the patrol and maintenance Improvements: easement. Inspection: Conduct regular inspections of the Open Space Easement. Name: Name the easements as an addition to El Sereno Open Space Preserve. i Dedication: Withhold dedication of these easements. CEQA COMPLIANCE Project Description The project consists of relocating a portion of an existing roadway from the original roadway/waterline easement through the execution of a new patrol and maintenance easement and acceptance of an open space easement, and the associated minor grading/repair of the roadbed for the patrol and maintenance easement. Sinclair would grant a twelve (12) foot wide patrol and maintenance easement to the District in order to relocate approximately 100 feet of the existing 700-foot easement. The portion of the easement that is relocated would give Sinclair the option of placing the garage of his proposed home under the former easement area(underground). Sinclair would be responsible for minor grading of the relocated easement area and repair of the old easement area along with the maintenance related to the overall easement roadbed in perpetuity. The roadbed shall be maintained in a rural manner so that only standard four wheel drive utility vehicles would be able to access. Under the new patrol and maintenance easement, the maximum width of the roadbed within the easement would be five (5) feet. Finally, an open space easement would be granted to the District along three sides of his property that are adjacent to the El Sereno Open Space Preserve and San Tomas Aquinas Creek. The proposed open space easement will cover approximately 37% or 3.75-acres of the 10.15-acre Sinclair property. R-13-19 Page 4 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, Sections 15301, 15304 and 15317 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 partial roadway easement relocation enabled by the proposed patrol and maintenance easement is for purposes of lessening the width and impact of the easement on Sinclair property, with no expansion of the easement use anticipated. The minor grading for the purpose of public safety is also exempt under Section 15301. Section 15304 exempts minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes, including minor trenching and backfilling where the surface is restored. The five-foot wide roadbed under the proposed patrol and maintenance easement would be a reduction in size when compared to the 1915 roadway and waterline easement that is being replaced. In addition, the new easement roadbed will be kept in a natural condition and will be over a majority of the original easement roadbed to specifications that will only allow standard four-wheel drive utility vehicles the ability to access. No trees will be removed or affected because of the new easement. Section 15317 exempts the establishment of agricultural preserves, the making and renewing of open space contracts under the Williamson Act, or the acceptance of easements or fee interests in order to maintain the open space character of the area. This proposed project is categorically exempt from CEQA under these three sections. TERMS AND CONDITIONS As part of the proposed Easement Exchange Agreement, Sinclair would agree to the following: 1. Grant a twelve-foot wide patrol and maintenance easement to the District. 2. Grade and repair a five-foot wide roadbed for District use to accommodate a four wheel drive utility vehicle. 3. Maintain the easement roadbed in perpetuity. 4. Grant a I 00-foot wide open space easement to the District along three sides of his property. 5. Cover all associated costs of the easement exchange including but not limited to survey work, recording costs, escrow costs, etc. As part of the proposed Easement Exchange Agreement, the District would agree to relocate a short portion of the original 1915 roadway/waterline easement through the execution of a new R-13-19 Page 5 patrol and maintenance easement with Sinclair. Under the new easement, the District would not retain the waterline rights. The District has determined that the exchange of interest in real property is of equal or greater value to the public and, the exchange has been determined to be in accordance with the District's enabling legislation set out in Section 5500 et seq. of the Public Resources code of the State of California. FISCAL IMPACT Sinclair is responsible for all costs associated with the Agreement to Exchange Interests in Real Property. There are no fiscal impacts to the District associated with this project. BOARD COMMITTEE REVIEW Board Committee review is not required for this agenda item. PUBLIC NOTICE Public notice was also provided as required by the Brown Act. Adjoining property owners and interested parties have been mailed a copy of the agenda for this public meeting. NEXT STEPS Upon approval by the Board of Directors, staff will work to record the easement agreements and will oversee the construction phase of the project. Attachments: 1. Resolution 2. Exhibit A: Location Map Responsible Department Manager: Michael Williams, Real Property Manager Prepared by: Allen Ishibashi, Real Property Specialist Contact person: Same as above Graphics prepared by: Michelle Lanctot, GIS Intern ATTACHMENT 1 RESOLUTION 13-XX RESOLUTION OF THE BOARD OF DIRECTORS OF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AND AUTHORIZING ACCEPTANCE OF AGREEMENT TO EXCHANGE INTERESTS IN REAL PROPERTY, AUTHORIZING THE PRESIDENT OF THE BOARD, GENERAL MANAGER OR OTHER OFFICER TO EXECUTE EASEMENT DEEDS WITH PETER SINCLAIR AND CERTIFICATES OF ACCEPTANCE FOR THE EASEMENT DEEDS TO DISTRICT,AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (EL SERENO OPEN SPACE PRESERVE - LANDS OF SINCLAIR) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept the Agreement to Exchange Interests in Real Property between Peter Sinclair and the Midpeninsula Regional Open Space District and authorizes the President of the Board, General Manager or appropriate officer to execute the Agreement on behalf of the District. Section Two. The General Manager, President of the Board or other appropriate officer is authorized to execute the patrol/maintenance and open space easement deeds to District and certificates of acceptance. Section Three. The General Manager and General Counsel are authorized to execute any and all other documents necessary or appropriate to the closing of the transaction approved in this Resolution. The General Manager and General Counsel are further authorized to approve minor, or technical revisions to the Agreement and Easement Deeds that do not involve any substantial change to any terms of the Agreement and Easement Deeds, and which are necessary or appropriate to the closing or implementation of this transaction. i i AU — �{ •--- I�,�'(i�'�------- I 1 / I Saratoga I _ - , -�►_--! /'— --�-'— - =-I- L�' Sara q a as - !/ ;.• 35 Ar ago 517,-25-024'- y- Vl lld + /— / / -�-7^ ` � t L51 -" MontalvoA � ,urn 25-039 1 / � �� _ � i __ � t __ _��-; �Stuart Ridge-024 (Santa Clara County) Sinclair517-16-026 l` Bohlen Property 517-16 24i J -` ------ ---------, 517-16-009 _ ,e�\oo TraJJ I ?f1 \ • - I517-16-006 510-28-026rve I Open Space __Ki- � t San Jose Water C o. 510-33-002 l __•� 517-17-079 1 510-33-001 I + / 7 ` Exhibit A: El Sereno Open Space Preserve Midpeninsula Regional MROSD Preserves Open Space District Other Public Agency Private Property (MROSD) Non MROSD Easement Watershed Land Developed Land r. Over Public Land Other Protected Open Space March, 2013 or Park Lands }" Highlighted Property Parcel Boundary Miles 0 0.125 0.25 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. %/� �j f� � �"`• r �� ,. '�" 'ri`lam;"! �!, r ,�!�'� r r 0 o t : ♦ !ti . o o y t • • f �. 14 04 0 71 y . %� ' •�I • • fs '71 4 r� ••+1 till Exhibit B: Overall Easement Map Midpeninsula Regional Open Space District MROSD Preserves Non MROSD Conservation Parcel Boundary (MROSD) or Agricultural Easement Other Protected Open Space ® Open Space Easement Private Property e or Park Lands February, 2013 Watershed Land Patrol and Maintenance Developed Land Feet Easement 0 75 150 300 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. Midpeninsula Regional Open Space District R-13-35 Meeting 13-07 March 13,2013 AGENDA ITEM 5A AGENDA ITEM Adoption of the Midpeninsula Regional Open Space District Fiscal Year 2013-14 Action Plan and Budget ACTION PLAN AND BUDGET COMMITTEE RECOMMENDATION The Action Plan and Budget Committee(ABC)recommends: 1. The Board adopt the Midpeninsula Regional Open Space District Fiscal Year 2013-14 (FY2013-14)Action Plan and Budget recommended by the General Manager(Items 5B and 5Q. Prior to adopting the Budget, the ABC recommends the Board carefully consider the addition of permanent positions. 2. Staff provide an annual status update on the balance and use of accumulated revenues from the Rancho San Antonio Agreement with Santa Clara County. SUMMARY The ABC and staff met four times in February and March 2013 to review the FY2013-14 Proposed Action Plan and Budget. Based on the Controller's projection of$30.05 million in property tax revenue, combined with the recommended use of funds from the Rancho San Antonio Agreement with Santa Clara County for one-time expenses,the final budget being submitted to the full Board remains within the targets for both the Operating and Capital Budget guidelines. The action plan that accompanies the budget reflects the focus on implementation of the District Strategic Plan through development of the Vision Plan and the Capital Finance Project. DISCUSSION The ABC is tasked with reviewing the proposed annual District budget to ensure fiscal responsibility, while providing the financial resources required to accomplish the District's work program as described in the annual District Action Plan. In addition,the ABC reviews and ensures that the recommendations from the previous year have either been accomplished or deferred to the following year. During February and March 2013,the ABC met four times with the General Manager, District Controller, department managers, and various staff. The District Controller is projecting$30.05 R-13-35 Page 2 million in property tax revenue for FY2013-14, an increase of 5.1% over the prior fiscal year, and has maintained the Operating Expense(OpEx)Guideline of 55%of property tax revenue ($17.23 million) for FY2013-14. The proposed FY2013-14 operating budget is$17.4 million which exceeds the 55%OpEx spending guideline by$230,000. To offset this overage,the General Manager recommends the use of$230,000 in funds from the Rancho San Antonio Agreement with Santa Clara County to cover one-time expenses related to air-monitoring and legal costs associated with the Lehigh project. This would allow the OpEx Budget to remain within the OpEx Guideline. The Capital Expenditure (CapEx)Guideline remains at 10.5% of property tax revenue and the four-year running average used to prepare this budget is 6.9%, well below the guideline. At the February 27, 2013 Board Meeting, staff presented the Proposed FY2013-14 Budget of $40,794,522 (Report R-13-27). Since then, an Assistant General Manager position($183,000) has been added at the Board's direction and at the March 7,2013 ABC meeting, the General Counsel and General Manager requested an additional $30,000 for expanded legal services from Liebert Cassidy Whitmore for enhanced labor relations and human resources advising. Offsetting these expenses, as noted above, is the recommended use of funds from the Rancho San Antonio Agreement for one-time expenses. These changes result in a final FY2013-14 District Budget of$41,006,413. On March 7, 2013, staff presented the ABC with the District's proposed FY2013-14 expenditure budget of$41,006,413. The budget reflects continued implementation of the District Strategic Plan with a heavy focus on development of the Vision Plan and the Capital Finance Project; the second year of implementation of the Classification and Compensation Study recommendations; a 3%salary increase partially offset by a 2%reduction in District paid employee retirement contributions; and a proposed staffing increase of 4.0 positions, 2.5 of which are permanent. The ABC confirmed the District's ability to sustain the cost increases related to these changes by reviewing an staffs five-year OpEx Forecast d the Controller's property tax revenue and cash flow projections. In order to develop an action plan that realistically reflects organizational capacity, staff conducted a detailed analysis of the estimated staff time required for various activities, including core functions and key projects. As a part of this analysis,many projects impacting most or all departments were moved to the District-wide program to more accurately reflect the required staff resources. The result is 24 District-wide key projects and a significantly reduced number of departmental priority one projects. While revenues are projected to experience annual increases for the foreseeable future,the Board must still carefully consider the addition of positions to ensure they are necessary and sustainable. As part of the ABC's review of the FY2013-14 Proposed Budget,the Committee reviewed the following proposed position additions: Assistant General Manager 0.0 permanent FTE)—After evaluating the District's aggressive workplan over the next few years, the Board recommended the addition of a second Assistant General Manager to support the General Manager and staff. R-13-35 Page 3 • Administrative Assistant(1.0 permanent FTE)—An Administrative Assistant would perform data entry in support of the new IAFS (Integrated Accounting and Finance Software system) and would be shared by the Planning and Natural Resources Departments • Volunteer Program Lead(VPL)(0.5 permanent FTE)—This position would increase from part-time to full-time to support the District's growing volunteer programs. • Temporga GIS Intern(0.5 temporary FTE)—A temporary GIS Intern in the Planning Department would backfill permanent staff working on the Vision Plan project. This position is outside the OpEx guideline. • Limited-Term Project Manager(1.0 temporary FTE)—A new position would work on various projects in the Operations Department, enabling the Planning Department to focus on the Vision Plan. This position would be charged to the capital budget. After reviewing the budgetary impact of these position additions at its March 7, 2013 meeting, the ABC has confirmed the financial sustainability of the positions and recommends the Board approve them as part of the FY2013-14 Proposed Budget. The ABC has reviewed the FY2013-14 Proposed District Action Plan and Budget and ensured they meet the District budgetary guidelines. The ABC recommends the Board approve the general Manager's proposed annual Action Plan and Budget. FISCAL IMPACT Approval of the proposed FY2013-14 Budget by the Board will authorize$41,006,413 to accomplish the District's work plan for FY2013-14. PUBLIC NOTICE Public notice was provided as required by the Brown Act. No additional notice is required. CEQA COMPLIANCE This proposed action is not a project under the California Environmental Quality Act(CEQA) and no environmental review is required. NEXT STEPS If approved by the Board, staff will begin implementing the FY2013-14 Action Plan and Budget effective April 1, 2013. Responsible Department Manager: Kate Drayson, Administrative Services Manager Prepared by: Kate Drayson,Administrative Services Manager Lynn Tottori, Sr. Management Analyst R-13-35 Page 4 Contact person: Yoriko Kishimoto,Chair Action Plan and Budget Committee 1 I i I I i Midpeninsula Regional ` Open Space District R-13-36 Meeting 13-07 March 13, 2013 AGENDA ITEM 5B AGENDA ITEM Adoption of the Midpeninsula Regional Open Space District Fiscal Year 2013-14 Action Plan GENERAL MANAGER'S RECOMMENDATION Adopt the Midpeninsula Regional Open Space District Action Plan for Fiscal Year 2013-14. SUMMARY The District's annual Action Plan is reviewed by the Board of Directors each February and the final Action Plan is brought to the Board for approval in March. It is recommended the Board approve the Fiscal Year(FY)2013-14 Action Plan presented to the Board on February 27, 2013 (R-13-26). li DISCUSSION The proposed FY2013-14 Action Plan was reviewed by the Board of Directors at its regular meeting held on February 27, 2013 and no substantive changes were requested by the Board. FISCAL IMPACT Fiscal impact is identified for each Key Project within the Action Plan document. The proposed annual District budget is linked to the Action Plan to reflect project costs and link them with project details. For more information on the FY2013-14 Budget, please refer to Board Item No. 5C. BOARD COMMITTEE REVIEW The Action Plan and Budget Committee reviewed the proposed FY2013-14 Action Plan on February 5 and 7 and March 7 and recommends approval by the full Board. PUBLIC NOTICE Notice was provided pursuant to the Brown Act. No additional notice is necessary. R-13-36 Page 2 CEQA COMPLIANCE No compliance is required as this action is not a project under the California Environmental Quality Act (CEQA). The Action Plan contains anticipated projects that will require further Board review and approval, some of which may be subject to CEQA review. These projects will comply with all CEQA requirements prior to proceeding as a normal part of the implementation process. NEXTSTEP Projects listed in the FY2013-14 Action Plan will be implemented according to the schedules described in the Action Plan. Responsible Department Manager: Kate Drayson, Administrative Services Manager Prepared by: Kate Drayson, Administrative Services Manager Contact person: Stephen E. Abhors, General Manager Kate Drayson, Administrative Services Manager Midpeninsula Regional Open Space District R-13-37 Meeting 13-37 March 13, 2013 AGENDA ITEM 5C AGENDA ITEM Adoption of the Midpeninsula Regional Open Space District Fiscal Year 2013-14 Budget GENERAL MANAGER'S RECOMMENDATION Adopt the attached Resolution approving the budget for Fiscal Year 2013-14 (FY2013-14) and the Classification and Compensation Plan(Exhibit A to the Resolution). DISCUSSION The proposed FY2013-14 District Budget was presented for initial review at the February 27, 2013 regular meeting of the Board of Directors(Report R-13-27) and is presented again for final consideration and approval (see Table 1). The proposed budget for FY2013-14 totals $41,006,413. A summary of the major expenditure categories is reflected below and more detail is provided in Exhibit B. Table 1: Proposed FY2013-14 District-wide Budget Revenue Property Tax $30,051,000 73% Other Revenue $4,495,000 11% Transfers In $6,460,413 16% Total $41,006,413 100% Expenditures Operating Expenditures $17,460,000 43 % Capital Expenditures $ 5,496,726 13% Land, Debt, and Associated Costs $16,873,965 41 % Strategic Plan/Special Projects $ 850,900 2 % Property Management $ 324,822 1 % Total District Expenditures $41,006,413 100% The proposed FY2013-14 District budget was developed based on the District Controller's FY2013-14 property tax revenue forecast of$30.05 million, with spending limited to the Operating and Capital spending Guidelines of 55%and 10.5% of property tax revenue, respectively. The proposed budget reflects work to be completed on the District's 97 projects listed in the Action Plan, with particular focus on the District's Key Strategic Plan projects. EXHIBIT A: Midpeninsula Regional Open Space District Revised Classification and Compensation Plan Fiscal Year 2013/2014 - Effective 4/01/2013 (last revised 4/01/12, 1/25/12, 6/27/12, 11/26/2012) Step Range Hourly Range $ Monthly Range $ Annual Range $ Time Classification Title Minimuml Maximum Minimum Maximum Minimum Maximum Minimum Maximum Base Seasonal Open Space Technician Range 6 17.334 21.648 3,005 3,752 36,055 45,027 Part-time Farm Maintenance Worker Range 19 23.810 29.735 4,127 5,154 49,525 61,850 Full-time Open Space Technician* Range 19 23.810 29.735 4,127 5,154 49,525 61,850 Full-time Administrative Assistant Range 20 24.391 30.461 4,228 5,280 50,733 63,358 Full-time Accounting Technician Range 22 25.610 31.984 4,439 5,544 53,269 66,526 Full-time Human Resources Technician Range 22 25.610 31.984 4,439 5,544 53,269 66,526 Full-time Lead Open Space Technician* Range 23 26.251 32.783 4,550 5,682 54,601 68,189 Full-time GIS Technician Range 23 26.251 32.783 4,550 5,682 54,601 68,189 Full-time Senior Administrative Assistant Range 24 26.891 33.583 4,661 5,821 55,933 69,852 Full-time Ranger Range 25 27.563 34.422 4,778 5,967 57,331 71,599 Full-time Equipment Mechanic/Operator Range 25 27.563 34.422 4,778 5,967 57,331 71,599 Full-time Public Affairs Program Coordinator Range 25 27.563 34.422 4,778 5,967 57,331 71,599 Full-time Information Technology Technician Range 25 27.563 34.422 4,778 5,967 57,331 71,599 Full-time Executive Assistant Range 27 28.941 36.144 5,016 6,265 60,198 75,179 Full-time Resource Management Specialist I Range 29 30.388 37.951 5,267 6,578 63,208 78,938 Full-time Planner I Range 29 30.388 37.951 5,267 6,578 63,208 78,938 Full-time Docent Program Manager Range 30 31.129 37.025 5,396 6,418 64,749 77,012 Full-time Volunteer Program Manager Range 30 31.129 38.876 5,396 6,739 64,749 80,863 Full-time Planner II Range 31 31.908 39.848 5,531 6,907 66,368 82,884 Full-time Management Analyst I Range 31 31.908 39.848 5,531 6,907 66,368 82,884 Full-time Accountant Range 31 31.908 39.848 5,531 6,907 66,368 82,884 Full-time Resource Management Specialist II Range 33 33.503 39.848 5,807 6,907 69,686 82,884 Full-time Public Affairs Specialist Range 33 33.503 39.848 5,807 6,907 69,686 82,884 Full-time Training and Safety Specialist Range 35 35.178 43.933 6,098 7,615 73,171 91,380 Full-time Real Property Specialist Range 35 35.178 43.933 6,098 7,615 73,171 91,380 Full-time Manaclement Analyst II Range 35 35.178 43.933 6,098 7,615 73,171 91,380 Full-time Supervising Ranger Range 35 35.178 43.933 6,098 7,615 73,171 91,380 Full-time Maintenance, Construction & Resource Supervisor Range 35 35.178 43.933 6,098 7,615 73,171 91,380 Full-time Website Administrator Range 36 36.036 45.0041 61246 7,801 74,955 93,609 Full-time Information Technology Administrator Range 36 36.036 45.0041 6,246 7,801 1 74,955 93,609 Full-time EXHIBIT A: k Midpeninsula Regional Open Space District Revised Classification and Compensation Plan Fiscal Year 2013/2014 - Effective 4/01/2013 (last revised 4/01/12, 1/25/12, 6/27/12, 11/26/2012) Step Range Hourly Range $ Monthly Range $ Annual Range $ Time Classification Title Minimuml Maximum Minimum Maximum Minimum Maximum Minimum Maximum Base Planner III Range 39 38.784 48.436 6,723 8,396 80,671 100,747 Full-time GIS Administrator Range 40 39.730 49.617 6,887 8,600 82,638 103,204 Full-time Senior Management Analyst Range 41 40.723 50.858 7,059 8,815 84,704 105,784 Full-time District Clerk Range 41 40.723 50.858 7,059 8,815 84,704 105,784 Full-time Media Communications Supervisor Range 42 41.716 52.098 7,231 9,030 86,770 108,364 Full-time Senior Resource Management Specialist Range 42 41.716 52.098 7,231 9,030 86,770 108,364 Full-time Area Superintendent Range 43 42.759 53.401 7,412 9,256 88,939 111,073 Full-time Human Resources Supervisor Range 43 42.759 53.401 7,412 9,256 88,939 111 ,073 Full-time Senior Planner Range 43 42.759 53.401 7,412 9,256 88,939 111 ,073 Full-time Assistant General Counsel I Range 46 45.992 57.438 7,972 9,956 95,664 119,471 Full-time Assistant General Counsel II Range 48 48.292 57.438 8,371 9,956 100,447 119,471 Full-time Administrative Services Manager Range 51 51.974 64.909 9,009 11,251 108,106 135,010 Full-time Natural Resources Manager Range 51 51.974 64.909 9,009 11,251 108,106 135,010 Full-time Operations Manager Range 51 51.974 64.909 9,009 11,251 108,106 135,010 Full-time Planning Manager Range 51 51.974 64.909 9,009 11,251 108,106 135,010 Full-time Public Affairs Manager Range 51 51 .974 64.909 9,009 11,251 108,106 135,010 Full-time Real Property Manager Range 51 51.974 64.9091 9,009 1 11,251 108,106 135,010 Full-time Range-64 66,334 82:842 1-1-�98 1-4,359 137,974 172,311 Assistant General Manager Range 59 63. 175 78.897 10,950 13,6751 131,400 164,100 1 Full-time Notes: OST will receive an additional 1% stipend for Class A or B license; Lead OST 1% for Class A. The Classification and Compensation Plan does not include the Board Appointee Group. Compensation for this Group is set out below. Hourly Monthly Annual Effective Last Board Appointee Group Salary Salary Salary Date Revised General Manager $93.424 $16,193 $194,321 4/1/2012 2/29/2012 Controller - Part-time position $39.424 $6,833 $82,002 4/1/2010 7/8/2009 General Counsel $83.204 $14,422 $173,064 4/1/2012 2/29/2012 Midpeninsula Regional ' Open Space District To: Board of Directors From: Stephen E. Abbors Date: March 8, 2013 Re: FYIs i I FYI — Map Brochures to be Printed in Color Public Affairs March 1, 2013 The Public Affairs team is planning on printing map brochures in color as they come up for reprints. At the same time, they will be using a less-dense paper stock and being more strategic in re-ordering to take advantage of economies of scale. As a result overall cost of printing in color should be even or just marginally higher than printing in black and white. This will NOT affect the overall Public Affairs printing budget. No additional funds requested. The first map scheduled to be printed in color is Windy Hill Regional Open Space Preserve. 0 Midpeninsula Regional .. c Open Space OPEN TO: General Manager FROM: Gordon Baillie Monthly Field Activity Summary Report Between 11112013 And 113112013 CITE WARNING JCR KNOWN TOTALS TOTALS DISTRICT VIOLATIONS VIOLATIONS ENFORCEMENT 183 Bicycle Citations&JCRs Issued 59 Bicycle after hours 3 0 0 0 3 Bicycle Operation with headset/earplugs 0 1 0 0 1 Parking Citations Issued 61 Closed area-bicycle 7 4 0 0 11 All Written Warnings Issued 57 Helmet required 6 7 0 0 13 Police Assistance 6 Trail use speed limit 0 8 0 0 8 Closed Area Enter temporary/regular closed area 15 8 0 0 23 LAW ENFORCEMENT 49 Dog Law Enforcement 49 Dog in prohibited area 5 3 0 0 8 Leash required-Dog 14 8 0 0 22 ACCIDENTS/INCIDENTS 7 Other Medical-Bicycle Accident 1 After hours 7 9 0 0 16 Medical-Hiking/Running Accident 2 One-way trail 0 4 0 0 4 Smoking-undesignated area 2 1 0 0 3 Medical-Other First Aid 2 Permit Vehicle Accident 2 Permit Required 0 1 0 0 1 DISTRICT TOTAL 59 54 0 0 113 MUTUAL AID 6 CITE WARNING JCR KNOWN TOTALS NON DISTRICT VIOLATIONS VIOLATIONS HazMat 1 Other Lost Person Search 1 0 1 0 0 1 Medical-Motorcycle Accident 1 NON DISTRICT TOTAL 0 1 0 0 1 Vehicle Accident 3 GRAND TOTAL 59 55 0 0 114 i I II 'JCR Juvenile Contact Report Wednesday,March 13,2013 Page I of 4 PARKING VIOLATIONS CITE WARNING TOTALS DISTRICT 57 3 60 Disabled Parking: Permit Required unpa 1 0 1 Prohibited Areas(Signed) 1 0 1 Prohibited Areas(Red curb) 1 0 1 Prohibited Areas(Nondesignated area) 2 0 2 Prohibited Areas(Blocking traffic) 0 1 1 Prohibited Areas(Blocking gate) 1 2 3 Prohibited Areas(After hours) 50 0 50 Take up more than one marked parking s 1 0 1 PARKING VIOLATIONS CITE WARNING TOTALS NON DISTRICT 3 0 3 Disabled Parking—Paved/Marked. 1 0 1 No parking after hours 1 0 1 Parking—State Highway 1 0 1 60 3 63 DATE OCCURRENCES OF SPECIAL INTEREST Jan 02 A District ranger was flagged down in the parking lot by a woman who said that she was leading a Rangers: 1 AR 13SO01 docent hike when she slipped in the mud,falling and landing on her wrist. She said that she heard a "pop"when she landed. The ranger taped the wrist and the victim was taken to a nearby clinic for X- rays. She declined an offer to have paramedics respond,and signed an Against Medical Advice(AMA) form at the scene. Preserve Skyline Ridge Location Single track trail in the tree farm that connects to the Chestnut Trail Jan 04 A District ranger was informed by residents of damage to District fencing at the October Farm(part of Rangers: 1 IR 13SO02 Purisima Creek Redwoods Open Space Preserve). The residents explained that a delivery truck,which was too large for the road,had dropped off some pallets and backed into the cattle fence knocking three fence posts over. A second resident gave the ranger the name of the supervisor at the delivery company to contact about the damaged fencing. Preserve Purisima Creek Redwoods Location October Farm Jan 05 An auto burglary occurred in the preserve parking lot. The victim called three days after the event to Rangers: 1 IR 13FO11 report the crime. She stated that credit cards were taken and that$6,000 of fraudulent charges had been made. She also filed a report with the Santa Clara County Sheriffs Office. Preserve Rancho San Antonio County Park Location Parking Lot Jan 05 District rangers discovered evidence of reckless driving in the disabled parking lot. Several feet of split Rangers: 2 IR 13SO04 rail fence had been struck by a vehicle. There were fresh tire tracks and it appeared that the vehicle had hit the fence at a high rate of speed. The fence sustained major damage and possibly damaged the vehicle,as white paint was found on the fence. No suspects were found in the area. Preserve Skyline Ridge Location Parking lot Jan 05 A District ranger investigating an illegal bike trail in the preserve saw a duffel bag stuffed into the crook Rangers: 1 IR 13SO03 of a tree in a closed portion of the preserve. The duffel bag contained canned food and gear,possibly a marijuana cultivation food supply drop. The area was searched but no other evidence was found. The supplies were taken to the Skyline Field Office for disposal. Preserve Saratoga Gap Location Near Hwy.9 call box SC-09-021 Wednesday,March 13,2013 Page 2 of 4 Jan 05 An auto burglary occurred at the preserve parking lot. The rear window of the vehicle was smashed and Rangers: 1 IR 13F006 a purse containing a wallet,credit cards,and a digital camera were stolen. A Santa Clara County Police: 1 Sheriffs Deputy responded and took a report, including the description of a suspicious vehicle that the victims had seen in the parking lot. Preserve Sierra Azul Location Jacques Ridge Parking Lot Jan 06 A District ranger was approached by a visitor,who reported an injured hiker. The hiker had slipped in Rangers: 2 AR 135005 the mud and twisted his ankle. Dispatch also received a report of the incident and notified District rangers. San Mateo County Fire was requested to respond and they were guided to the accident site by a District ranger. The patient was transported to the lower parking lot and was released to his family and was advised to seek further medical attention. Preserve Windy Hill Location Spring Ridge Trail Jan 07 A District ranger on patrol observed two men walking on the adjacent private driveway. They ducked Rangers: 1 IR 135006 under the split rail fence to access the trail. They were advised that the driveway was not a public access and to use the District entrance. Later while hiking on the Betsy Crowder Trail,the ranger observed the same two men near Sausal Pond,and while looking through binoculars saw that they were smoking. When approached the second time,the ranger smelled marijuana. The men were contacted again and cited for smoking prohibited and released. Preserve Windy Hill Location Sausal Pond area Jan 09 Two vehicles were burglarized in the preserve parking lot. Sunglasses,the owner's manual, registration, Rangers: 1 IR 13F013 and other paperwork were taken from one of the vehicles. The owner's manual, sandals,a small amount of cash,and some old maps were taken from the other vehicle. The victims were given information to call the Santa Clara County Sheriffs Office to report the crimes. Preserve Sierra Azul Location Jacques Ridge Parking Lot Jan 12 District rangers were requested to respond to a 911 call to help a bicyclist being threatened by a dog. Rangers: 2 IR 135013 The bicyclist was unable to pass a large dog that was barking aggressively near the preserve gate. The rangers checked the area and found the bicyclist, but the dog had left. The visitor stated the dog was blocking the Coal Creek Trail near the house above the gate.The owner of the dog has been contacted numerous time by the Area Superintendent regarding complaints about there dog,and warned that the dog must be contained or on a leash and under control. The owner assured the rangers the dog would not be a problem in the future. Preserve Coal Creek Location Coal Creek Gate CC03 Jan 15 A repeat violator who has a history of interfering with District Rangers fled from a ranger and a Rangers: 2 IR 13F019 supervising ranger who were attempting to stop him for an after-hours use violation.The subject fled down the trail. Assistance was requested from the Los Gatos Police Department. The trail was searched but the person was never located. Preserve Off District Lands-Foothills Location Lexington Reservoir County Park Jan 20 District rangers were requested to respond to a bicycle accident inside the preserve. Upon arrival they Rangers: 4 found the patient on the side of the trail complaining of hip pain. She explained that she took a turn too AR 13S019 fast and the bike slid out from under her,and that she landed on her left hip. She could not stand on her directly leg but had hobbled out for about 1/4 mile from the actual accident scene. Fire arrived and transported the victim to her vehicle at Skegg's Point where she signed and Against Medical Advice (AMA)form. Her riding companion advised she would take the patient to the hospital. Preserve El Corte de Madera Creek Location Tafoni Trail Jan 21 An encroachment was discovered along Mt. Umunhum Road in Sierra Azul OSP. A resident on Mt. Rangers: 2 IR 13F026 Umunhum Road was found to have cut a fence to gain access with his motorcycle on an unauthorized trail. An"Area Closed"sign had been removed,two small jumps were built, and about 1/2 mile of trail was being used by the motorcycle. Real Property was contacted regarding the encroachment. Preserve Sierra Azul Location Mt. Umunhum Road Jan 21 A District ranger was first on scene of a traffic accident involving two vehicles. One vehicle lost control Rangers: 4 MA 135021 and veered into an oncoming vehicle. There were four individuals involved:two patients had moderate injuries and two patients had major injuries. District rangers provided patient care,assessment and traffic control. The injured were transported by helicopter and ground ambulance. Preserve Off District Lands-Skyline Location Hwy. 35,approx. .5 mi south of Rapley Ranch Rd. Wednesday,March 13,2013 Page 3 of 4 Jan 25 District rangers were first on-scene of a vehicle accident. The driver lost control and rolled the vehicle. Rangers: 3 MA 13SO23 When the rangers arrived the driver was walking around. He declined any medical assistance, but a Police: 2 ranger still requested fire and CHP. The driver denied drinking alcohol,but there was an open container beside the overturned car. The driver was evaluated by Fire. The driver was arrested for driving under the influence by CHP and the vehicle was removed by a tow company. Preserve Off District Lands-Skyline Location Hwy.35, 1/2 mile north of Hwy.9 Jan 25 The Skyline Area Superintendent located an at-risk woman reported by dispatch in a vehicle in the Rangers: 3 AR 13SO22 Skyline Ridge parking lot. She had overdosed on prescription drugs. When asked how many pills she Police: 2 had taken she responded over 10 pills. San Mateo County sheriff ordered a 72 hour psychiatric hold and she was transported to a hospital. Preserve Skyline Ridge Location Parking lot Jan 28 A District ranger was involved in recovering two vehicles from over the side of Highway 9. CHP and a Rangers: 1 IR 13SO26 tow truck company hauled the vehicles(one possibly stolen)out of District property and took possession of them. The vehicle suspected of being stolen,was missing its seats,license plates,and its catalytic converter. The VIN number on the trunk had been scratched off. The vehicles seemed to be from separate incidents; both had gone over the east side of the highway,traveling approximately 200 feet before coming to rest down a steep slope in a gully. Preserve Saratoga Gap Location Vehicle recovery over the side of Hwy.9 Jan 31 A District ranger arriving at the SFO gate,found a dog tied there. The dog did not have any Rangers: 1 IR 13SO27 identification. An unknown person left a note pinned to the gate stating that the dog was found on District property. Animal control was requested,who took control of the dog. Preserve Skyline Ridge Location Skyline Field Office DATE VANDALISM DETAIL Jan 05 Evidence that a vehicle damaged several feet of split rail fence. VL Preserve Skyline Ridge Location Parking lot Jan 19 Outside side wall tagged with grafltti. VL Preserve Pulgas Ridge Location Parking Lot/Restroom Jan 26 Red stripe removed from"No Bikes"sticker on SCNT reg sign. VL Preserve Monte Bello Location Parking lot Jan 27 Graffiti on the back of the resource protection sign. VL Preserve El Corte de Madera Creek Location Tafoni formation Wednesday,March 13,2013 Page 4 of 4