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HomeMy Public PortalAbout20050824 - Agenda Packet - Board of Directors (BOD) Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 05-19 REGULAR AND SPECIAL MEETING BOARD OF DIRECTORS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 6:00 p.m. Wednesday, August 24, 2005 330 Distel Circle, Los Altos, California AGENDA* Please Note: 6:00 p.m. Closed Session Special Meeting Start Time 7:30 p.m. Regular Meeting Start Time 6:00 ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT—CLOSED SESSION The Closed Session will begin at 6:00 p.m. At the conclusion of the Closed Session, the Board will adjourn the Special Meeting Closed Session to the Regular Meeting, and, at the conclusion of the Regular Meeting, the Board may reconvene the Special Meeting Closed Session. 1. Conference with Real Property Negotiator—California Government Code § 54956.8 Real Property—San Mateo County APNs 078-270-010, -020, -030; 078-290-010, -020, -030, -060; 082-140-020; 082-170-010, -040; 900 Sears Ranch Road, 5701 La Honda Road, La Honda 94020 Agency Negotiator—Mike Williams, Real Property Manager Negotiating Party— Walter Moore, Vice President, POST Under Negotiation— Price and terms of payment 7:30* REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ROLL CALL ORAL COMMUNICATIONS— Public PLEDGE OF ALLEGIANCE ADOPTION OF AGENDA—L. Hassett ADOPTION OF CONSENT CALENDAR—L. Hassett APPROVAL OF WRITTEN COMMUNICATION BOARD BUSINESS 7:40* 1 Appointment of Peter Cook and Tracy Hammond as District Peace Officers; Adopt the Attached Resolutions of the Board Appointing Peter Cook and Tracy Hammond as Peace Officers—J. Maciel 7:45* 2 Presentation by the California Coastal Conservancy on their San Francisco Bay Area Conservancy Program 8:15 3 Approve Recommendations to Temporarily Open an Approximately 150-foot Single-Track Trail Connection Between Spring Ridge Trail and Meadow Trail to Multi-Use, Including Dogs on Leash, at Windy Hill Open Space Preserve; Determine that the Recommended Actions are Categorically Exempt Under the California Environmental Quality Act(CEQA)—A. Ruiz Meeting 05-19 Page 2 8:25* 4 Authorize the General Manager to Amend a Contract with LFR Levine-Fricke to Provide Environmental Services in an Overall Amount Not to Exceed $29,475 for Petroleum Product Release Source Investigations at Pulgas Ridge Open Space Preserve—K. Lenington 8:35* 5 Approve the Response From the Board of Directors to the San Mateo County Grand Jury Report Dated June 8,2005 Regarding Their Review of Special Districts—C. Britton 8:45* 6 Adopt Electronic Communications Policy Applicable to Communications To and From the Board of Directors— Legislative, Finance and Public Affairs Committee REVISED CLAIMS 9:00* INFORMATIONAL REPORTS— Brief reports or announcements concerning pertinent 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. CLOSED SESSION CONTINUED IF NECESSARY ) 9:10* ADJOURNMENT TIMES ARE ESTIMATED AND ITEMS MAY APPEAR EARLIER OR LATER THAN LISTED. AGENDA IS SUBJECT TO CHANGE OF ORDER. TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during Oral Communications. Each speaker will ordinarily be limited to three minutes. Alternately,you may comment to the Board by a written communication, which the Board appreciates. 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. DRAFT RESPONSE PREPARED BY WAFF FOR BOARD CONSIDERATION SUBJECT: Sierra Azul/Bear Creek Redwoods Open Space Preserve Master Plan Dear Ms. Jacobs: Thank you for your electronic message dated August 1, 2005 regarding the Bear Creek Stables as a component of the master planning process for the Sierra Azul/Bear Creek Redwoods Master Plan Project. The Board of Directors reviewed your letter at its regular meeting on August 24, 2005. We appreciate your comments in support of Bear Creek Stables at Bear Creek Redwoods Open Space Preserve. The District has received a wealth of comments from the public, including equestrians who board horses at Bear Creek Stables, expressing their interest in retaining the existing stable operation. In fact, many of the participants at the April 4 public workshop provided written comments regarding their desire to continue Bear Creak Stables. If interested, you can view these and other comments from the project's first workshop on our project website at www.openspace.org/masterplan. District staff is currently compiling and reviewing the public comments received for the Master Plan project and will consider your input together with the resource information when evaluating the potential challenges and opportunities for Bear Creek Stables. Thank you again for your communication. We look forward to your continued participation in the Master Plan process and hope that you will be able to attend our upcoming second public workshop scheduled for the fall. The second workshop will present maps and summaries of the key challenges and opportunities regarding land management and visitor use. If you have any questions regarding the Master Plan project, please contact Ana Ruiz, Project Planner, at (650) 691-1200. Sincerely, Pete Siemens Board Director, Chair of the Master Plan Ad Hoc Committee PS:ar cc: MROSD Board of Directors S:\Board Meetings\2005 Reports\05-19 Aug 24\Written Comm_0805 Bear Creek Stables—Jacobs—Master Plan.doc f MROSD Master Plan From: To: <masterplan@openspace.org> Sent: Monday,August 01, 2005 1:27 PM Subject: In support of keeping Bear Creek Stables as an integral part of the Master Plan To: Pete Siemens, District Board Director and Chair of the project Ad Hoc Subcommittee District Board Members Cathy Woodbury, Planning Director for the District Ana Ruiz, Project Planner and Project Manager Matt Freeman, District Senior Planner Kirk Lenington, District Resource Planner Donna Plunkett, EDAW, Lead Project Consultant I am writing in support of keeping Bear Creek Stables as an integral part of your plans for the preserve. The stable has been a community resource for many years, and its reputation among horsemen native to Los Gatos has always been good. Under its current management, by Glenda and Paul Smith, Bear Creek Stable has become an exemplary horse facility. While it lacks the kind of improvements favored by"show" barns, it is the finest stable of any I have seen, in terms of the level of true horsemanship practiced. Good horsemanship is modeled in the following ways: Horses receive top-notch care through management's practices in feeding, cleaning, providing regular vet clinics and monitoring the horses' overall conditions, including notifying owners (in a friendly manner)if their horses'care requires modification. A ranch hand is always at the stable to monitor horses and maintain security, unlike other stables where horses and facilities are often left unattended. Glenda and Erfert Fenton (assistant manager)often go way above and beyond their scope of duties -- at no charge -- by providing special veterinarian-recommended care for boarders' horses. Erfert often makes special night-time trips to the stable to check on an ailing horse. Management and boarders practice the "natural horsemanship" movement's kind and gentle methods of horse training. When boarders are acting unsafely, such as having children ride horses without wearing helmets, they are gently told about how to be safe by other boarders. No tiers of boarders exist(those with more expensive horses are treated no differently than those whose horses were rescued from the auction block for$300). • The stable offers a family atmosphere where children ride, and then do homework with other kids. Glenda and many boarders generously share their knowledge and expertise with less experienced horse owners. For example, Glenda and others patiently showed me how to bandage my horse's leg (a first-time experience for me), ensuring that the horse's leg would not be permanently injured by incorrect bandaging. My personal experience at Bear Creek Stables also includes helping my autistic six-year-old nephew learn to ride a very positive experience for him), with the professional assistance of a trainer and fellow boarder, ( rY P P ) who donated her time. Glenda and other boarders welcomed and encouraged us. Because of the all these practices, the barn is a showcase of what good horsemanship is all about, and therefore a wonderful communityresource.The stable could help educate those interested in becoming in volved with P 9 horses. It might also be used for teaching clinics b fine horsemen if the District should decide that the 9 9 Y educational benefits for the public would fit with the Master Plan.. Horses are part of the cultural heritage of the area, I believe that keeping a well-runequestrian facility helps keep a link with the history of the Santa Cruz Mountains. In the Workshop I Meeting Summary, it is noted that some people suggested using the Alma College site as an educational center focused on mountain history. I support 8/1/2005 DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION SUBJECT: Sierra Azul/Bear Creek Redwoods Open Space Preserve Master Plan Dear Ms. Jacobs: Thank you for your electronic message dated August 1, 2005 regarding the Bear Creek Stables as a component of the master planni ng in pro cess for the Sierra Azul/Bear Creek g p Redwoods Master Plan Project. The Board of Directors reviewed your letter at its regular meeting on August 24, 2005. We appreciate your comments in support of Bear Creek Stables at Bear Creek Redwoods Open Space Preserve. The District has received a wealth of comments from the public, p including equestrians who board horses at Bear Creels Stables, expressing their interest in retaining the existing stable operation. In fact, many of the participants at the April 4 public workshop provided written comments regarding their desire to continue Bear Creak Stables. If interested, you can view these and other comments from the project s first workshop on our project website at www.openspace.or�7/masterplan. District staff is p J currently compiling and reviewing the pub lic comments received for the Master Plan project and will consider your input together with the resource information when evaluating the potential challenges and opportunities for Bear Creek Stables. Thank you again for your communication. We look forward to your continued participation in the Master Plan process and hope that you will be able to attend our upcoming second public workshop scheduled for the fall. The second workshop will present maps and summaries of the key challenges and opportunities regarding land management and visitor use. If you have any questions regarding the Master Plan project, please contact Ana Ruiz, Project Planner, at(650) 691-1200. Sincerely, Pete Siemens Board Director, Chair of the Master Plan Ad Hoc Committee PS:ar cc: MROSD Board of Directors S:ABoard Meetings\2005 Reports\05-19 Aug 24\Written Comm_0805 Bear Creek Stables_)acobs_Master Plan.doc this idea, and think that the role r" -uses in that history should be highlighted. Thank you for taking the time to u_ .moult with many people and communities in -./eloping your Master Plan. Sincerely, Wendy Boxer Jacobs i 11 2005 8 t i Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-05-97 Meeting 05-19 August 24, 2005 AGENDA ITEM I AGENDA ITEM II Appointment of Peter Cook and Tracy Hammond as District eace 0 ers GENERAL MANAGER'S RECOMMENDATION 1.) Adopt the attached Resolution of the Board appointing Peter Cook as a peace officer. 2.) Adopt the attached Resolution of the Board appointing Tracy Hammond as a peace officer. DISCUSSION At your meeting of January 14, 1976, you decided that District rangers should be appointed peace officers as outlined under Section 830.31(b) of the Penal Code of the State of California(see Report R-76-2). Peter Cook and Tracy Hammond have met the necessary Penal Code requirements to qualify them for appointment. The passage of the attached Resolutions will complete the appointment process. Prepared by: Gordon Baillie, Management Analyst Contact person: John A. Maciel RESOLUTION NO. 05- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPOINTING PEACE OFFICER The Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve as follows: The following person is hereby designated as a peace officer of the Midpeninsula Regional Open Space District pursuant to Section 830.3 l(b)of the Penal Code of the State of California,to enforce the Midpeninsula Regional Open Space District Land Use Regulations and those state and local regulations related to the protection and safe use of District land, enforcement of which is specifically authorized by the District: Peter Cook RESOLUTION NO. 05- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPOINTING PEACE OFFICER The Board of Directors of the Midpeninsula Regional Open Space District does hereby resolve as follows: The following person is hereby designated as a peace officer of the Midpeninsula Regional Open Space District pursuant to Section 830.31(b)of the Penal Code of the State of California,to enforce the Midpeninsula Regional Open Space District Land Use Regulations and those state and local regulations related to the protection and safe use of District land, enforcement of which is specifically authorized by the District: Tracy Hammond Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-05-86 Meeting 05-19 August 24, 2005 AGENDA ITEM 2 AGENDA ITEM Coastal Conservancy on their n Francisco Bay Area Presentation b the Californiay y Y Conservancy Program GENERAL MANAGER'S RECOMMENDATION r No formal action is necessary. DISCUSSION Nadine Hitchcock, San Francisco Bay Program Manager of the California Coastal Conservancy, will make a presentation and discuss the grant program for projects in the nine-county Bay Area. Prepared by: L. Craig Britton, General Manager Contact person: Same as above I Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-05-95 Meeting 05-19 August 24, 2005 AGENDA ITEM 3 AGENDA ITEM Tempefafil�-Open a Short Trail Connection at Windy Hill Open Space Preserve GENERAL MANAGER'S RECOMMENDATIONS (AMENDED 8/24/05) 1. Determine that the recommended actions are categorically exempt under the California Environmental Quality Act (CEQA) as set out in this report. 2. Te .,perar-ily op Open an approximate 150-foot single-track trail connection between Spring Ridge Trail and Meadow Trail to multi-use, including dogs on leash, at Windy Hill Open Space Preserve. DISCUSSION At the meeting of June 1, 2005, the Board considered a draft letter under Written Communications prepared in response to a request from Betsy Carpenter of Portola Valley for a trail connection at Windy Hill. At that meeting, the Board of Directors unanimously approved the draft response and directed the Use and Management Committee to discuss prioritization of pending trail projects at Windy Hill Open Space Preserve including Ms. Carpenter's requested trail connection. The Use and Management Committee, which includes Directors Deane Little, Jed Cyr, and Pete Siemens, held a meeting on August 11, 2005 to review and develop recommendations to the Board prioritizing trail planning at Windy Hill. The Committee considered a request from The Sequoias residents to open a short trail connection between Spring Ridge Trail and Meadow Trail to create additional trail loop options in lower Windy Hill where the topography is generally less challenging (refer to Exhibit A). The Committee recommends the temporary opening of a single-track, multi-use trail to connect Spring Ridge Trail and Meadow Trail pending the completion of a comprehensive use and management assessment for Windy Hill Open Space Preserve; staff anticipates adding the road and trail inventory project to next fiscal year's Action Plan, with a use and management process taking place the following year. Signs would be posted at each end of the proposed trail explaining its temporary status. Staff evaluated the area and determined that there would be no significant environmental impacts to existing resources; the route is already disturbed and the Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-05-95 Meeting 05-19 August 24, 2005 AGENDA ITEM 3 AGENDA ITEM Temporarily Open a Short Trail Connection at Windy Hill Ope Space Preserve GENERAL MANAGER'S RECOMMENDATIO 1. Determine that the recommended actions are categorically exempt under the CaTiToRnia Environmental Quality Act (CEQA) as set out in this report. 2. Temporarily open an approximate 150-foot single-track trail connection between Spring Ridge Trail and Meadow Trail to multi-use, including dogs on leash, at Windy Hill Open Space Preserve DISCUSSION At the meeting of June 1, 2005, the Board considered a draft letter under Written Communications prepared in response to a request from Betsy Carpenter of Portola Valley for a trail connection at Windy Hill. At that meeting, the Board of Directors unanimously approved the draft response and directed the Use and Management Committee to discuss prioritization of pending trail projects at Windy Hill Open Space Preserve including Ms. Carpenter's requested trail connection. The Use and Management Committee, which includes Directors Deane Little, Jed Cyr, and Pete Siemens, held a meeting on August 11, 2005 to review and develop recommendations to the Board prioritizing trail planning at Windy Hill. The Committee considered a request from The Sequoias residents to open a short trail connection between Spring Ridge Trail and Meadow Trail to create additional trail loop options in lower Windy Hill where the topography is generally less challenging (refer to Exhibit A). The Committee recommends the temporary opening of a single-track, multi-use trail to connect Spring Ridge Trail and Meadow Trail pending the completion of a comprehensive use and management assessment for Windy Hill Open Space Preserve; staff anticipates adding the road and trail inventory project to next fiscal year's Action Plan, with a use and management process taking place the following year. Signs would be posted at each end of the proposed trail explaining its temporary status. Staff evaluated the area and determined that there would be no significant environmental impacts to existing resources; the route is already disturbed and the R-05-95 Page 2 ground fairly compacted. Only mowing, the removal of the existing barriers, and the installation of temporary signage would be needed to open the proposed trail route. CEQA COMPLIANCE The District concludes that opening a short 150-foot single-track trail to multi-use on a temporary basis will not have a significant effect on the environment. The project is categorically exempt from the California Environmental Quality Act (CEQA) under Section 15304 as follows: Section 15304 exempts certain minor alterations of land, water, or vegetation. The project would require minor mowing, removal of closure barricades, and installation of temporary signage to open a single-track trail. PUBLIC NOTIFICATION A copy of the agenda was sent to all persons requesting the proposed trail and to the neighboring The Sequoias facility. Prepared by: Ana Ruiz, AICP, Open Space Planner 11 Contact Person: Same as above Windy Pill Open Spac , Preserve All M. Proposed a "' Temporary I o,,rr� Trail , _,loll ✓1 r Coal Mine Ridge "1 �\ � - � � `< � r 1 t/� ck Rids�� ✓i� �,\_. " Audobon SocietyN. J Trail Use -"------ Hiking Only Multi-Use t j — — Hiking and Equestrian Use J Scale 1:18,500 Exhibit A: Preserve Map 0 0.125 0.25 0.5 Produced by Midpeninsula Regional Open Space District, August 2005 Miles Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-05-93 Meeting 05-19 August 24, 2005 AGENDA ITEM 4 AGENDA ITEM Authorization to Amend a Contract with LFR Levine-Fricke to Provide Environmental Services in an Overall Amount Not to Exceed $29,475 for Petroleum Product Release Source Investigations at Pulgas Ridge Open Space Preserve. ' GENERAL MANAGER'S RECOMMEN ION Authorize the General Manager to amend a contract with LFR Levine-Fricke to provide environmental services in an overall amount not to exceed $29,475 for petroleum product release source investigations at Pulgas Ridge Open Space Preserve. BACKGROUND On February 26, 2004, following a period of especially heavy rains, a District ranger on patrol noticed a strong petroleum smell and observed a petroleum product emerging from the ground within a roadside ditch at Pulgas Ridge Open Space Preserve. At that time the District initiated an emergency spill response with San Mateo County who treated the release as a surface oil spill and advised the District to contract with a company to clean and dispose of contaminated litter and soils from the site. District staff continue inspecting the site on a regular basis, particularly during heavy rainfall events. On October 27, 2004 a soil sample was collected from the site where the petroleum substance was observed emerging from the ground to verify that the area was free of contaminants. Results of the soil sample analysis indicated that the petroleum product components were consistent with fuel oil and were present at concentrations exceeding state permissible levels. District staff contacted the San Mateo County Environmental Health Department with these results and requested information on the required next steps. The County requested a history of the site and a summary of the actions taken by the District since purchase of the property. Following transmittal of the requested information to the County, a District ranger on patrol again observed petroleum product emerging from the ground at the same location on January 8, 2005. District staff initiated a first response and the site was again cleaned and secured. District staff contacted County Environmental Health and met with County staff on site on January 12 and 13, 2005. San Mateo County Environmental Health Division, Groundwater Protection Program has opened a file for the site and is the overseeing agency for what is considered an unauthorized release of waste to waters and/or soil of the State. As the overseeing agency for the State, the Environmental Health Department will be reviewing all investigation and clean-up activities until the site is cleaned of all discharged petroleum product and the District is notified that no further action is required. Therefore, all actions i R-05-93 Page 2 proposed for the site must comply with the conditions imposed on the site by the County and all work plans must be approved prior to action. These conditions include the preparation and submittal of quarterly status reports and submittal of technical reports detailing all investigative and remedial actions associated with the site. DISCUSSION Suspecting the source of the product to be an underground storage tank associated with the former boiler house used to heat the former Hassler Health Home, the District contracted with LFR Levine-Fricke to conduct a geophysical investigation of the site to locate a possible source of the petroleum product. On February 15 and March 8, 2005 these investigations were conducted, however there was no positive identification of a likely underground storage tank. The largest underground abnormality identified during the investigation was in the area of the former boiler house, which is believed to be the reinforced concrete foundation of the boiler house. Because no other likely abnormalities were identified during the initial geophysical investigation, staff is proposing to continue focused subsurface source investigations at the location of the former boiler house. These investigations will involve the removal of surface soils covering the former boiler house foundation and the demolition of the foundation in order to expose the underlying soils. This location will then be inspected for an underground storage tank and the exposed soils analyzed for possible contamination with petroleum hydrocarbons. FUNDING The District originally contracted with LFR Levine-Fricke in January 2005 to conduct investigations and locate the source of the petroleum product at the site. This contract and subsequent amendment was for an amount not to exceed $6,675 under the Planning Department Unanticipated Projects budget in Fiscal Year 2004-2005; however, only $5,233 was spent. Anticipating further work at the site, a budget amount was established in the Planning Department Budget in Fiscal Year 2005-2006 of$27,980 for this project. The District continued the contract for services with LFR Levine-Fricke with another contract amendment, bringing the total contract for services amount to $9,475 as of June 2005. The additional services being provided by LFR Levine-Fricke under this amendment are estimated at $20,000 which would bring the total contract for services to $29,475. However, as mentioned above, $5,233 was spent in Fiscal Year 2004-2005 under the Unanticipated Projects program; therefore, the total expenditure from the Pulgas Ridge Soil Investigation Project is $24,242 for this Fiscal Year. Fiscal Year Project Number Adopted Budget Expenses 2004-2005 8213-38 $25,000 $5,233 2005-2006 8213-34-0501 $27,980 $24,242 R-05-93 Page 3 CEQA COMPLIANCE This project involves limited earthwork for investigating subsurface soil conditions at Pulgas Ridge Open Space Preserve. The District concludes that the source investigations will not have a significant effect on the environment. It is categorically exempt from the California Environmental Quality Act (CEQA) under Section 15330 of the CEQA Guidelines as follows: Section 15330 exempts minor actions to prevent, minimize, stabilize, mitigate, or eliminate the release or threat of release of a hazardous waste or substances. Prepared by: Kirk Lenington, Resource Planner Contact Person: Kirk Lenington, Resource Planner Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-05-92 Meeting 05-19 August 24, 2005 AGENDA ITEM 5 AGENDA ITEM Approval of Response to San Mateo County Grand Jury R ort dated' UnS-S-,-,?,005 GENERAL MANAGER'S RECOMMENDA Approve the attached Response from the Board of Directors to the San Mateo County Grand Jury's Report of June 1, 2005 regarding their review of Special Districts DISCUSSION On June 8, 2005, the District received a report from the San Mateo County Grand Jury entitled "Review of Special Districts." More specifically, the Grand Jury investigated whether the county's 23 independent special districts make reasonable efforts to comply with state law, provide good business and resource management, and offer efficient and responsive service. State law requires that no later than 90 days after submission of the report, the governing body of the public agency shall comment to the presiding judge of the superior court on the findings and recommendations of the Grand Jury. As the governing body of the Midpeninsula Regional Open Space District, the District Board is required to submit the District's response. The response is due by September 6, 2005. Staff has prepared the attached Response to be signed by the President of the Board of Directors to the Honorable Norman J. Gatzert and recommends Board approval. This Response will be forwarded to the Clerk of the Court of San Mateo County by way of the Court Executive Office and the Grand Jury through their website, as required by law. A copy will be kept on file with the District Clerk. Prepared by: Michelle Jesperson, Management Analyst Contact person: L. Craig Britton, General Manager °oo or s� w Superior Court of San Mateo County Hall of Justice and Records a �*moo 400 County Center Redwood City,CA 94063-1655 Court Executive Officer (650)599-1711 Clerk&Jury Commissioner FAX(650)363-4698 Rt:L;EIVED JUN 09 2005 June 8,2005 eAIDPENINSULA REGIONALOMN SPACE DIMICT Governing Board Midpeninsula Regional Open Space District 330 Distel Circle Los Altos,CA 94022 Re: REVIEW OF SPECIAL DISTRICTS Report Dear Governing Board: The 2004-2005 Grand Jury filed a report on June 8, 2006 which contains findings and recommendations pertaining to your agency. Your agency must submit comments,within 90 days,to the Hon.Norman J. Gatzert. As you are the public agency that has been commented upon by the Grand Jury,your comments are due no later than September 6,2005 to: Hon.Norman J. Gatzert Judge of the Superior Court Hall of Justice 400 County Center;2"d Floor Redwood City,CA 94063-1655. For all responses,the responding person or entity shall indicate one of the following: 1. The respondent agrees with the finding. 2. The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. Additionally,as to each Grand Jury finding,the responding person or entity shall report one of the following actions: 1. The recommendation has been implemented,with a summary regarding the implemented action. �, I 2. The recommendation has not yet been implemented,but will be implemented in the future,with a time frame for implementation. 3. The recommendation requires further analysis,with an explanation and the scope and parameters of an analysis or study, and a time frame for the matter to be prepared for discussion by the officer or director of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This time frame shall not exceed six months from the date of publication of the Grand Jury report. 4. The recommendation will not be implemented because it is not warranted or reasonable, with an explanation therefor. Please submit your responses as follows: 1. Responses to be placed on file with the Clerk of the Court by the Court Executive Office. • Prepare original on letterhead,address and mail to Judge Gatzert. v/ 2. Responses to be placed at the Grand Jury website. • Copy response and send by e-mail to: gran ' ry((WsamnateocourUrg. (Insert agency name / if it is not indicated at the top of your response.) 3. Responses to be placed with the clerk of your agency. • File a copy of the response directly with the clerk of your agency. Do not send this copy to 1 the Court. `J For up to 45 days after the end of the term,the foreperson and the foreperson's designees are available to clarify the recommendations of the report. To reach the foreperson,please call the Grand Jury Clerk at(650)599-1711. If you have any questions regarding these procedures,please do not hesitate to contact Thomas F. Casey III, County Counsel,at(650)363-4756. Very truly yours, Rodina Catalano Acting Court Executive Officer RC:mc Enclosure cc: Hon.Norman J.Gatzert Thomas F.Casey III 2 Review of Special Districts Issue Have the County of San Mateo's 23 independent special districts made reasonable efforts to comply with California State law, to provide good business and resource management, and to offer efficient and responsive service? Summary II The diverse mix of function,purpose, and location of the special districts prevented the development of a uniform standard of inquiry that was useful for all districts. The Grand Jury report recommendations are generalized suggestions addressed to all in support of good government and business practices. No single entity is being addressed in this report. However, the Sequoia Healthcare District was selected for a more penetrating review and the results of that review are issued under a separate report. The purpose of this report is to raise public interest and awareness of these largely unsupervised agencies that have many of the same powers as the County and cities and which operate with limited external review. This Grand Jury urges future Grand Juries to continue the precedent of selecting one or more special districts, in each term, for a detailed review. While the County Controller actively fulfills his financial examination responsibilities, the Grand Jury appears to be the only agency pursuing district oversight and addressing the issues of accountability, transparency, and efficiency. A summary of district responses can be found in the comparative report attachments in the Appendix. The first attachment contains information that is public record with the special district identified. The other attachments do not identify the district as the information was received under cover of confidentiality. Finally, except for the financial data, the information provided by the districts is self- assessed. It was not verified by the Grand Jury and is presented without comment, recommendation, or conclusion. 1 I efa.M• Review of Special Districts Issue Have the County of San Mateo's 23 independent special districts made reasonable efforts to comply with California State law, to provide good business and resource management, and to offer efficient and responsive service? Background Special districts are the California Legislature's contribution to the creation of local governments. Independent districts are agents of service that generally provide a specific function in a specific geographic area and are governed by an independently elected board. In comparison, cities and counties provide a variety of services throughout an entire geographic area. Independent special districts are created and supported by local residents. Along with the authority to provide services or facilities, special districts are empowered to raise money for operations. They can enter into contracts,'acquire assets, exercise power of eminent domain,hire employees, issue debt,tax, assess, charge fees, etc. Special district board officials are accountable to voters and to the customers who use their services. State law requires special districts to have public meetings (Brown Act), avoid economic conflict of interests,perform appropriate record keeping, have elections, and submit annual financial reports to the State and County controllers as well as having independent, annual audits. Special districts generate revenues from several sources,including property taxes and fees for services. There are two kinds of disticts; Enterprise and Non-enterprise districts. Enterprise districts run much like businesses, delivering specific services to paying customers. Such services encompass harbors, hospitals,waste disposal, and water. Non- enterprise districts deliver services that generally do not lend themselves to fees for service and rely primarily on property tax revenues to fund their operations such as fire protection, recreational, and open space districts. 2 Finally, special districts are created in response to urgent community needs. These needs, over time, may decline, disappear, or require a change in operating models. This can leave a district in search of a reason for being or offering services that can be more efficiently provided elsewhere. The California Legislature, recognizing this problem, has empowered LAFCO (Local Agency Formation Commission)to be its instrument of change. Each county has a county LAFCO agency that is concerned with the creation, reor anization, and dissolution of government entities. The results of a Grand J in- g g mY depth district review, if deemed appropriate, could be presented to LAFCO for analysis and response. The purpose of this report is to raise public interest and awareness of these largely unsupervised agencies that have many of the same powers as the County and cities within it, and operate with limited external review. Investigation Procedure The Grand Jury, as currently constituted, lacks both the time and resource to perform a detailed audit of all these agencies. To compensate for these deficiencies, the Grand Jury determined that the most effective method of inquiry was to require the districts to complete a six-page questionnaire and to select one district for a more in-depth interview. The last section of this report is a copy of the questionnaire. The questionnaire requested the following information: • Identification and contacts • Purpose or charter • Financial data • Meeting and public access • Supervision and control • Control of financial resources Findings Compensation The law does not strictly define special district board member compensation, though there are restrictions depending on the district's defined purpose. Salaries may be allowed but most districts provide remuneration based on per meeting attendance. Fringe benefits such as health insurance are allowed and districts can pay health and welfare benefits to retired elected officials depending on prior length of service. The overriding determinate of compensation paid is that serving on a district's governing board is a voluntary act of community service and not a government career. Ethical Behavior and Conflict of Interests The law does little to address board member behavior. Issues such as expense account padding, diversion of public funds to private uses, excessive travel costs, nepotism, etc., 3 may not be revealed in periodic audit reports but through investigative journalism or citizen complaints. There were no such revelations communicated to this Grand Jury. Defined Purpose Three of the agencies indicated the had not created a written document defining the g Y g purpose of their district and a fourth said it was being developed. Maintainin Accurate and Complete Records g P All districts indicated their books and records were automated and they employed the services of accounting professionals in the preparation of financials documents. Computer Security Practices All districts employ the use of computer systems in the management and control of their enterprise. Security practices are independent of particular technologies and are applicable to all organizations, whether commercial or governmental, and should be undertaken as a matter of good business practice. Compliance With Brown Act Requiring Public Access All districts indicated compliance with statutes governing public expression and access. Effective Use of Financial Resources Large, unproductive financial reserves are a waste and misuse of taxpayer resources. Unfortunately, there are no published standards or guidelines for determining when reserves are too much. Many of the smaller districts have no investment portfolios at all and fully one-third of the districts appears to have large reserves that need to be examined for appropriateness. Appropriate Supervision and Control All districts indicated they had or would soon have a policy and procedures manual and each had a system for monitoring and responding to resident service requests. Cost Efficient Service Delivery Seven of the districts had three or fewer employees with four having no employees at all. For these agencies, service to residents may be outsourced to third parties or other agencies. Conclusions It was clear that the questionnaire could not provide the level of information required to answer the investigative issue with any detail or certainty. And still the Grand Jury wanted some sense of how the special districts perform. Effective Community Communication Excluding assessments appearing on tax bills or the charging of a fee for service, there is generally minimal interchange between citizens and districts except around election time. 4 Districts should become keenly aware of their responsibility to provide timely notice of meetings and meeting frequency, and issues under consideration. Districts that have not created a written document of purpose.should create the document and disseminate the information to residents as a matter of good business. Internal Control Audits Certified financial audits performed by accounting professionals include an evaluation of the system of internal controls and a review of expenditures for appropriate authorization and purpose. The County Controller has reported receiving a copy of the certified financial audits from all twenty-three of the districts. Each was issued without qualification and the information provided fairly represented the financial positions of the Districts. Financial Reserves Rather than dismissing the issue of determining when large reserves are too large because there is no accepted standard of measurement, each district should include as part of its public reporting a description as to why the reserves are maintained;when the resources can be expected to be expended; what is the estimated total cost of the anticipated expenditure; and why the expenditure is necessary for the accomplishment of the special districts purpose. The districts, working with the cooperation of the County Treasurer, should undertake a study to develop guidelines for investment reserves. Cost Effective Delivery of Service Future Grand Juries examining special districts should consider selecting districts without or with few employees, for review, to determine if the services they provide are cost effective. Recommendations The following recommendations are addressed to the 23 San Mateo County special districts listed below: Bayshore Sanitary District Broadmoor Police Protection District Coastside County Water District Cohna Fire Protection District East Palo Alto Sanitary District Granada Sanitary District Half Moon Bay Fire Protection District Highlands Recreational District Ladera Recreational District Los Trancos Water District Menlo Park Fire District Midpeninsula Regional Open Space District Mid-Peninsula Water District 5 Montara Water& Sanitary District North Coast County Water District Peninsula Health Care District Point Montara Fire Protection District Sequoia Healthcare District Skyline County Water District SMC Harbor District West Bay Sanitary District Westborough County Water District Woodside Fire Protection District The San Mateo County Special Districts,by January 1, 2006, shall: 1. have a written document defining their purpose(s). All districts should communicate their purpose(s) to homeowners and residents in the district. 2. update or complete policy and procedure manuals. 3. insure that all computer systems adhere to good computer security practices. p Y e g P Yp Thesepractices should include though not limited t t g o, he following: system authorization and access control,backup and recovery of files, computer system ap plication lication documentation disaster Tannin hardware and software upgrade pp planning, p1� maintenance, physical and environmental protection, control of input and output, security awareness training, and personnel cross training and education. The district should contact the County's Information Systems Department for standards and recommendations. 4. expand financial reporting to include information about reserves. Include a description of why the reserves are maintained, when the accumulated resources can be expected to be expended,what is the estimated total cost of the anticipated expenditures, and why the expenditure is necessary for the accomplishment of the special district's charter. 5. develop guidelines for the amount of invested reserves needed for support of current operations as well as anticipated capital programs utilizing the experience and expertise of the County Treasurer. 6 Appendix Special Districts Public Information Spreadsheet - Sheet 1 P p Reporting Fiscal Taxes, Fees, Total Net Special District Document Period etc. etc Income Expenses Income P P Los Trancos Water District GJ Form 2003-2004 447,986 291,122 739,108 306,863 432,245 SMC Harbor District Finc Stints 2002-2003 2,854,614 3,355,674 6,209,688 5,214,186 995,502 Skyline County Water Dist Finc Stints 2002-2003 116,957 815,877 932,834 762,583 170,251 Granada Sanitary District GJ Form 2002-2003 1,342,290 101,570 1,443,860 1,271,716 172,144 Broadmoor Police Protect Ca.Form 2002-2003 1,433,413 63,529 1,496,942 1,287,836 209,106 West Bay Sanitary District Finc Stints 2002-2003 289,441 7,027,341 7,316,782 6,601,623 715,159 Bayshore Sanitary District Ca.Form 2002-2003 119,352 1,006,427 1,125,779 941,830 183,949 Highlands Recreational Dist Finc Stints 2002-2003 998,991 0 998,991 890,413 108,578 Half Moon Bay Fire Protect GJ Form 2003-2004 6,992,260 0 6,992,260 6,814,511 177,749 Colma Fire Protection Dist Finc Stints 2002-2003 801,350 0 801,350 1,495,068 -693,718 East Palo Alto Sanitary GJ Form 2002-2003 418,099 1,654,548 2,072,647 2,518,404 -445,757 Point Montara Fire Protect GJ Form 2003-2004 1,659,872 0 1,659,872 1,461,819 198,053 Mid-Peninsula Water Dist Finc Stints 2002-2003 272,515 4,904,257 5,176,772 5,304,253 -127,481 Midpeninsula Reg Open Space Finc Stints 2003-2004 22,852,728 0 22,852,728 3,596,590 19,256,138 Woodside Fire Protection Dist Finc Stints 2002-2003 7,888,407 0 7,888,407 7,299,878 588,529 Ladera Recreational District Finc Stints 2002-2003 665,494 0 665,494 351,208 314,286 Peninsula Health Care District Finc Stints 2002-2003 3,735,697 1,783,204 5,518,901 3,974,464 1,544,437 North Coast County Water Dist Ca.Form 2002-2003 616,760 5,436,634 5,436,637 5,109,801 326,836 Menlo Park Fire District Finc Stints 2002-2003 17,838,979 606,202 18,445,181 19,144,496 -699,315 Westborough County Water Ca.Form 2002-2003 246,611 2,531,004 2,777,615 2,759,808 17,807 Coastside County Water Dist Ca.Form 2002-2003 1,042,731 3,454,371 4,497,102 4,189,751 307,351 Montara Sanitary District Ca. Form 2003-2004 257,416 2,037.051 2,294,467 1,390,086 904,381 Sequoia Healthcare District I Ca.Form, 2002-2003 9,371,504 1,662,103 11,033,607 3,885,024 7,148,583 7 i Special Districts Public Information Spreadsheet — Sheet 2 Debt Capital Funds Investment Number Special District Service Projects Equity Investments Advisor Employees Los Trancos Water District 101,332 183,702 3,744,624 0 None 0 SMC Harbor District 858,230 418,200 18,394,969 9,217,129 Independent 31 Skyline County Water Dist 38,550 298,966 2,564,621 471,855 Independent 5 Granada Sanitary District 15,874 0 20,255,149 9,048,653 NR 1 Broadmoor Police Protect 0 0 878,755 0- None 10 West Bay Sanitary District 0 2,252,552 49,375,719 6,118,825 Ca.Treasurer 23 Bayshore Sanitary District 0 0 3,064,408 0 None 0 Highlands Recreational Dist 0 21,963 2,262,581 0 None 56 Half Moon Bay Fire Protect 0 124,934 7,535,691 0 None 44 Colma Fire Protection Dist 0 664,360 3,497,675 0 None NR East Palo Alto Sanitary 3,425,063 0 5,610,736 0 None 4 Dint Montara Fire Protect 0 6,336 904,946 0 None 0 Mid-Peninsula Water Dist 150,426 1,447,955 13,124,160 1,350,052 Ca.Treasurer NR dpennnsula Reg Open Space 9,485,482 10,972,062 48,465,705 43,803,842 Santa Clara Treas. 19 Woodside Fire Protection Dist 0 115,000 13,605,134 6,288,349 SMC Treasurer 6 Ladera Recreational District 80,327 54,598 2,581,423 300,152 SMC Treasurer NR Peninsula Health Care District 0 1,785,714 39,314,260 17,088,810 SMC Treasurer 0 North Coast County Water Dist 0 NR 12,632,803 12,591,328 NR NR Menlo Park Fire District 2,250,398 270,975 16,341,685 10,210,830 SMC Treasurer 101 Westborough County Water 0 NR 8,459,532 4,235,457 NR 3 Coastside County Water Dist 262,311 750,627 35,701,754 7,534,893 NR 17 ontara Sanitary District 59,075 0 10,280,860 0- NR 3 Sequoia Healthcare District 01 0 63,922,959155,273,2901 Independent 1 i I 8 Special Districts Public Information Spreadsheet — Sheet 3 Surplus Brown Act Mission Procedure Track Special District Property Compliance Statement Manual Complaints Los Trancos Water District Yes Yes Yes No Informally SMC Harbor District No Yes Yes Yes Yes Skyline County Water Dist No Yes No Yes Yes Granada Sanitary District No Yes No Yes Yes roadmoor Police Protect. No Yes In Process In Process Yes West Bay Sanitary District No Yes Yes Yes Yes Bayshore Sanitary District No Yes Yes Yes Yes Highlands Recreational Dist No Yes Yes Yes Yes Half Moon Bay Fire Protect No Yes Yes Yes Yes Colma Fire Protection District No Yes Yes Yes Yes East Palo Alto Sanitary No Yes Yes Yes Yes Point Montana Fire Protect No Yes Yes Yes Yes Mid-Peninsula Water District No Yes Yes Yes Yes Re Mid peninsula en Space No Yes Yes Yes Yes P g�P P Woodside Fire Protection Dist No Yes Yes Yes Yes adera Recreational District No Yes Yes Yes Yes Peninsula Health Care District No Yes Yes Yes Yes North Coast County Water Dist No Yes Yes Yes Yes Menlo Park Fire District No Yes Yes Yes Yes Westborough County Water No Yes No Yes Yes Coastside County Water Dist No Yes Yes Yes Yes ontara Sanitary District No Yes Yes Yes Yes Sequoia Healthcare District Yes Yes Yes Yes Yes i I i i i I i i i 9 Special Districts Public Information r - p Spreadsheet Sheet, 4 Finances Audit CPA Special District Computerized Agency Opinion Los Trancos Water District Yes CG Uhlenberg NR SMC Harbor District Yes Caporicci&Larson Yes Skyline County Water Dist Yes Maze Associates Yes Granada Sanitary District Yes Grice,Lund&Tarkington NR roadmoor Police Protection Yes Welhngs&Company No West Bay Sanitary District Yes Vaurinek,Trine,Day&Co Qualified ayshore Sanitary District Yes Vaurinek,Trine,Day&Co NR Highlands Recreational Dist Yes CG Uhlenberg Yes Half Moon Bay Fire Protect Yes CG Uhlenberg NR Cohna Fire Protection District Yes Wellings&Company Yes East Palo Alto Sanitary Yes Vargas&Company NR Point Montara Fire Protect Yes CG Uhlenberg NR Mid-Peninsula Water District Yes Vaurinek,Trine,Day&Co Yes Midpeninsula Reg Open Space Yes Macias Gini&Company Yes Woodside Fire Protection Dist Yes CG Uhlenberg Yes Ladera Recreational District Yes CG Uhlenberg Yes Peninsula Health Care District Yes Pearson,Del Prete&Co Yes North Coast County Water Dist Yes Maze Associates NR Menlo Park Fire District Yes Patel&Associates Yes Westborough County Water Yes CG Uhlenberg NR Coastside County Water Dist Yes Maze Associates Yes Montara Sanitary District Yes Stephen L Carey NR Sequoia Healthcare District Yes Vaurinek,Trine,Day&Co NR 10 -I � /^�.pending Board Approval � August 24, 2OO5 � Honorable Norman lGutzed Judge of the Superior Court Hall ofJustice � c 400Cnun\yCente2 Floor Redwood City, C& V40h3'|655 � RE: Midpeninsula Regional Open Space District's Response to 2004-2005 Grand Jury Report � � Regarding the Operational Status oF Special Districts � � � Dear Judge Norman Ga1zeh, � I am writing to provide comments on behalf of the Midpeninsula Regional Open Space District � � (MROSD) regarding tile 2004-2005 Grand Jury's findings and recommendations for Special � Districts in San Mateo County. � � VVhi|c we agree that it is important to raise public awareness about tile transparency, accountability, and efficiency o[the business practices o[Special Districts, we respectfully submit that overall, the review iu unjustly oridou| ofSpecia| Diotrictaund, moreinnportandy, tbo report makes findings and conclusions that are not applicable toMROSD. III addition, tile report has financial and employee data information oil the spreadsheets pertaining 1oM|k(lSD that v/c � request bc corrected. Please find below our response to the report including: (\)u brief history of � � MROSD, (2) our response bz each oftile findings, conclusions, and recommendations inthe report, and(3)corrections 0o data errors specific o» MR{)SD. � History wf the District � � Through dhc determined efforts of local conservationists, MROSO was created as anon- entcrprime Special District hv successfully placing u voter initiative, Measure R, oil the ballot in � 1472. &1 that time, the MK[lSD was created in northwestern Santa Clara County. Voters then expanded the K4}l(}S[) boundary in |g76to include southern San Mateo County. ln 1992, � M}l08D further expanded by annexing u small portion of Santa Cruz County. � � Most recently,with the final approval of the Coastside Protection Program on September 7, 2004 by Sail Mateo County Local Agency Formation Commission (LAFCo), the MROSD boundary was extended to the Pacific Ocean in San Mateo County, from the southern borders of Pacifica to � 1hcSanMateu-SuntuCruzCounty |inc. ThepurpouenfMR(}SDisuuinnportaoitodoyaahvvox over 30 years ago when the District was created. As we celebrate our 50,000"' acre of land under protection, M}lO8D continues to meet the needs of its constituents: preserving and protecting u greenbelt of open space and providing opportunities for public recreation, education, and enjoyment for the benefit of all residents of the District and the Bay Area. Page / of 5 L ,pending Board Approval Findings |) Compensation ' M&USD disagrees in part with the finding. MQ()8D'mcnub|ing legislation, Public Resources Code(PRC) Section 5500etocq` establishes allowable Board nnembmrcompcnma1ion and other benefits. M4ROSD provides the allowable remuneration to I}ound Members uaestablished in PQC Section 5536o[$\00per meeting, not to exceed $500 in u given month. &4ROSD does not provide boohh or other � benefits tuthe Board Members,as is allowable by 9QC Section 5536; however, uQou,d Member may, on his or her own volition, elect to participate in health cure pnog,unna � provided to MD[)SD employees, by paying the fo|| cost ofthe premiums and any other � associated tees. � � 2) Ethical Behavior and Conflict of Interest-MROSDdimugreeawiihthimfinding. MROSD is subject to a comprehensive set of statutes that strictly regulates the conduct of its � elected Board Members, including tile Political Reform Act, the Brown Act Government � Code 1090`op,ohibition against interest in District contracts, and statutory restrictions on � � expense reimbursement(see PKC Section 5536.5). K1|l()SC) strictly conforms with these � statutes. ��|�03D also has transparent policies and procedures in place to prevent any � � such activity as described in this finding, including"expense account padding, diversion of public funds to private uses, excessive travel costs, nepotism, etc."These policies and � procedures include Budget Guidelines for Board Conference Expenses, Reimbursement � � of Director's Expenses Memorandum, and connp}etionof the Statement ofEconomic � Interest, California Form 700 in accordance with the Po|idou| Reform Act. � � ]) Defined Puq2ose-MR(J8D has u defined purpose in our mission statement: "To acquire � � and preserve 'om���n8uft����u�l�d�pe��m�;p��omd��� � Mema�r�environment,- uwdprwi opportunitiesfor ecologically xenmitivopm0/ic � � enjoyment ia set out iu its enabling � � legislation. i � 4) Maintaining Accurate and Complete Records-K1RUSD agrees with this finding. � � 5) Computer Security Practices-MROSDagrees with this finding. Currently, MROSD has � the following measures in place to ensure secure computer computeo with � � password protection and user restrictions for privacy and protection purposes` antivirus � software, daily network and data backup,documented hardware and software, in-house � data safe, disaster recovery plan,email 3P/\N4 filter provided byuthird party vendor, and � firewo\| with content filter. | i 6) Compliance with Brown Act Requiring Public Access-MR{}S[} agrees with this finding � and strictly complies with the Brown Act in performing all of its functions. / � 7) Effective Use of Financial Resources-K4R0G\}disagrees with this finding that: ^1urgc i � � unproductive Goonniu| reucnxeu are a waste and misu000ftuspoye,resourcem-und districts appear to have large reserves that need k/ he examined for uppnnpdatrnexa."The | purpose ofM|lOSD ia1opurchase land umopen space. As such, &4Fl(]S[> has developed, � through hood indebtedness and ostuh|iabcd limits onoperational growth, financial / reserves sufficient to purchase land when tile opportunity arises. Opportunities to � purchase land in the market place often arise on all unexpected basis and cannot be | � predicted. Theoo[bvc, it is not possible ho budget exact amounts for land puncbunco in u specific fiscal year. Furthermore, i[land that MR()SD has identified as desirable open Page Zqf5 � /���� � � � L, _,yuxo9ng Board Approval space is not purchased in dle next 20years, dne land wiU |ike|vbedeveloped and no longer available for purchase hvthe District. MROSDomm only accomplish its mission by having financial reserves available for land purchases. O) Appropriate Supervision and Control—M1RO8D disagrees in part with this finding. MRO8[) has numerous policies and procedures for basic operations and responding to constituent requests, including thc K4B0Sl] Basic Policy that outlines the mission, objectives, and policies for purchasing land, resource management, and public participation. The Operations Department has an extensive set of policies for performing its services. The Board of Directors has its own Rules o[Procedure.Numerous Administrative Policies are approved by the General Manager toenable MQ0SDto most efficiently conduct its business. Our policies are revisited and revised as appropriate. For example, MR()SD is Currently revising its Good Neighbor Policy, u policy that guides MR{}SD interactions with neighboring landowners and occupants. 9) Cost Efficient Service,,DeliySry—MROSDhannopoaidononthiyfindingbeoauscitia � not applicable. MROSD has over 75 employees, not including seasonal or temporary employees who carry out rnUCll of the necessary fieldwork during the summer months. M|lOS[) policies and procedures require prudent use o[taxpayer dollars, limit overall expenditures to ensure conservative growth, and when appropriate, rely heavily ontile � services of outside contruoto,a, consultants, and vendoo1opec��rmn tasks vvhonthis iathe � most cost-efficient or effective way to deliver services. � � Conclusions � I Effective Community Communication—MR()SD disagrees with the conclusion that "there is gcncru|k/ minimal interchange between citizens and districts except around election timnc." MNOSD communicates regularly with its constituents. In addition 0oour � hi-mnonth|y public meetings that are announced via the wehaite, posted agendas, and � regular mail, Mf\{)SD holds public workshops and Board committee noeedogy inviting � � tile public to participate in learning about the activities ofthe District. M8R()9C) puh|iybco � u quarterly newsletter that includes information about District programs, projects, und � � numerous outdoor opportunities to learn more about tile District and the uo1uru| resources � within our preserves. The newsletter is posted on the District website and [nailed to over � 30.000 homes and businesses Within ourjurisdiution. Tile M|lO8Dv/*bmito, � vvv/vv.uponspoce.mrg, also provides extensive information about the District, its services, � activities, history, and other relevant infbrmadon. The public is invited to respond to � surveys on the website, to give the District feedback via ernail, and communicate directly � with our Board Members. MFl()SDpurticipo1eu in |ouu| area community events such uy � Art and Wine festivals and environmental fairs, to educate the public about the purpose � of the District and tile outdoor and educational opportunities we provide. Finally,the � District has an Ombudsperson who is available to assist residents ofthe District in their � � interaction with the District and facilitates resolution when needed. � � 2) Internal Control Audits—MRu3D agrees with tile conclusion; we conduct unannual � audit that is performed by accounting professionals and issued without qualification. � � J) Financial Reserves—&4KOSD disagrees with this conclusion. Please see responses to � Financial Resources in the Findings section and under Rcuonuonenda1ions. � Page Jof 5 � �� L._ pending Board Approval 4) Cost Effective Delivery of Service—The conclusion is not relevant to MROSD, a district with over 75 employees. Recommendations 1) Defined Purpose. This recommendation was implemented prior to the Grand Jury investigation. MROSD has a defined mission statement and purpose that is communicated regularly to our constituents through our quarterly newsletter and brochures, website, public workshops, community meetings, and various local area events that occur throughout the year. 2) Update and Complete Policy and Procedure Manuals. This recommendation was implemented prior to the Grand Jury investigation. MROSD has numerous policies and procedures in place to govern the District's operations and public services,which are routinely updated. (See also response to Finding No. 8). 3) Ensure Computer System Security. MROSD currently has many computer security mechanisms and practices in place. MROSD will contact the County's Information System Department for published standards and specific recommendations to determine if additional improvements are needed. This will be completed no later than January 1, 2006. 4) Expand Financial Reporting to Include Information about Reserves. This recommendation requires further analysis as to whether additional information about the District's financial reserves, including why the reserves are maintained, when the accumulated resources expect to be expended, and why the expenditure is necessary for the accomplishment of the District's mission, can be included in our financial/audit reports. The MROSD Controller will discuss this issue with our auditors to determine the best way to provide information about the reserves to the public. This information will also be presented to the Administration and Budget Committee of the Board of Directors prior to January 1, 2006. 5) Develop Guidelines for the Amount of Invested Reserves. This recommendation will not be implemented because MROSD's reserves are necessary to provide the ability for the District to quickly respond to opportunity purchases of high priority open space land. The agency's Administration and Budget Standing Committee reviews the amount of the District's reserves annually based upon the Controller's multi-year analysis of the income and expenses, including capital improvement projects, borrowing power, and anticipated land purchase opportunities. This information is then forwarded to the full Board of Directors at its regular public meetings in March of each year as a part of the annual budget deliberation and adoption process. (See also response to Finding No. 7). Corrections Corrections to the Appendix information are as follows: see page 5 Page 4 of 5 | L. '.pending Board AMnmvo Special Districts Public Information Spreadsheet—Sheet | Special Report Fiscal Taxes,etc. Fees, Total Expenses Net District Document Period etc. Income Income* Net Income= Total Expenditures minus Bond Issuance(1,297,336)and Escrow(1,844,183) expenses Special Districts Public Information Spreadsheet—Sheet 2 Special Debt Capital Funds Investments Investment Number District Service Projects Equity Advisor_ Employees Treasurer We appreciate that the Grand Jury took an interest in Special Districts and took the time to review the services of Special Districts within the County of San Mateo. We are committed to operating u public agency that is in [u|| compliance with all applicable |mwo` rules, and regulations. MROSD provides a valuable service to our constituents and has always strived to be"transparent, ! accountable, and eRicicnt."These business practices will continue tohcun integral part ofthe District's goals and purpose uav/econtinue to serve tile public tn the best of our ability. Thank you for the opportunity to respond to the 2004-2005 Grand Jury recommendations. Sincerely, LanyRunoeo � Board President � � � � � � � � � � � � � � | � Page of � Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-05-91 Meeting 05-19 August 24, 2005 AGENDA ITEM 6 AGENDA ITEM Consideration of Adoption of Electronic Communications Policy Applicable to Communications To and From the Board of Directors LEGISLATIVE FINANCE AND PUBLIC AFFAIRS COMMITTEE'S (LFPAC) RECOMMENDATION Adopt the attached Electronic Communications Policy. DISCUSSION At your meeting of July 27, 2005, the Board considered a proposed Electronic Communications Policy to address the use of e-mail by Board members and to address other electronic communications issues that government agencies are facing (see Report R-05-85). After Board discussion, the Board generally agreed with LFPAC's recommended Policy, but referred the Policy to LFPAC to address some requested revisions. At its last meeting on August 3,2005 LFPAC reviewed the revisions, finalized its discussions,agreed upon the attached Electronic Communications Policy and is recommending that the Board consider and adopt it. Attached is a redline version of the Policy with the revisions requested by the Board, as well as the revisions recommended by LFPAC in response to the Board's discussion. Submitted by: Legislative, Finance and Public Affairs Committee (Directors, Hanko, Cyr and Nitz) Contact Person: Legislative, Finance and Public Affairs Committee Chair,Nonette Hanko Attachment: Midpeninsula Regional Open Space District Electronic Communications Policy i MIDP0NVNS0LA REGIONAL OPEN SPACE DISTRICT Electronic Communications Policy U. : Use of electronic media is necessary and useful for District Board members and staff in order to improve communication and efficiently perform their District duties. The purpose of this policy is to insure the proper use of District electronic media and to set out tile policy the District and Board members will fb||ovv when using electronic rncdiaund the District's electronic communication system. This policy will also insure that use of District electronic media complies with applicable iuv/` including the Public Records Act and Brown A»(. � This policy shall be observed and administered by District staff in compliance with the District Electronic � � Communications Systems Use and Access Policy. This policy is applicable 1oall users of the District's electronic Communication systems. � 0&, Definitions � A. District's Electronic Communication —Diakict�x�n�ddcvi�caor designed � . . - � �|�utu�nicoU� procrs� �m�mni� orskxc information such umcomputem, ntero. muodexns` data � 6�� and electronic n�oi| ("E-mail").^ ' � � ' � 0 �m�r—uBourdn��nubc� �mp|o�co oontn�kx, 00nmukunt vo|un}��roronyoth�rp�rxonvJm � , � � uses the District's electronic communication system. � C. E-mmil—electronic text or visual communication, including its attachments. � D. K8yeutrnoiu Mcdiu—o method for processing urtransmitting information in electronic form, � � including E-mail, software programs and the Internet. � 111. General Procedures A. Protocol for Electronic Communications. E-mailby nature represents and reflects upon~ _ _ � District's public image and integrity. Users should insure that their messages are respectful, � professional, and are consistent with District policies. E-mail should be written in the uun/o � professional and respectful manner as communications sent or received via written channels. � B. Nw Use af PurmwnaU0-MaQ. District Board members and employees shall not use their honeor � � business E-mail uucour8m or addresses for any communication pertaining to District business. � � Board members should communicate with the public and staff solely via their designated District � E-mail oddn:mmra. Board mcmbco shall not commingle E-mailpcduiningto District business � vvi�bth�irhnru� orbu�incam E-mail. � � � � C. Electronic Communications between Board Members Concerning District Business. � � Communications from u Hounj member to another Board nocnnherormenmbccmconcerning � � District business should be"one way"and marked "For Information (}n| No � Reply Requested." � D. Electronic Communication bvm Quorum of the Board mruBoard SbmmWimg Committee. A � � majority of the members ofthe Board, or, in tile case of Board Standing Committee regarding � matters within the Cnnnnuittec`ujuriod(cdou, shall not send nr exchange facts about or engage in � � discussions regarding District issues via E-mail or oil the Internet, including chat rooms, news groups, on-line forums or|is1seryslist serves(collectively referred to as"Internet forums"). � � i E. District Staff Response to Electronic Communications from the Public. The District will answer all communications to its designated E-mail address(inf9(a)opens ace.org). Correspondence to info(),openspace.org will be checked each business day and questions routed by a designated Public Affairs Department staff member to the appropriate department for an answer. Questions will be answered in a timely manner. If the District's answers to individual constituent questions are relevant to and impact a larger group of constituents, the District may post the question (without naming the author)and answer on the District's Web site in the Q&A section at www.openspace.or r/., about us/faus.asr). E-mail addressed to individual staff members or to a department should be treated as written business correspondence. F. Board Electronic Communications with the Public. The public may electronically communicate with the Board through the District's Web site at: www.openspace.orv/about us/board of directors.aW. E-mail from the public addressed to the District in general or to the Board of Directors will be treated as a written communication pursuant to Section 1.48 of the District's Rules of Procedure. E-mail addressed to the Board will be forwarded to the District Clerk for preparation of a draft response for Board consideration. E-mail addressed to one Board member may, at his or her discretion: 1)consider it an individual communication to which he or she may respond; 2)ask that it be treated as a written communication; 3) inform the Board of it during Informational Reports; or 4)ask that it be forwarded to the full Board as part of its information packet at the next available Board meeting. Such E-mail may also be forwarded to staff for response as set out in Section H. When a Board member responds to individual E-mail from the public and desires to forward his or her response to such E-mail to the Board he or she may forward his or her response and the individual E-mail to the District Clerk for inclusion in the Board's informational packet at the next available Board meetin , to other BoaFd members er staff iH e0lifOffllit�'With this PO!ie�'. if sueh E mail is G. Board Electronic Communication with Staff. Board members and staff shall communicate with each other PiStFiet staff regarding District business solely via their designated District E- mail addresses. H. District Electronic Communications with the Public. District staff will post official information on upcoming and prior district meetings, workshops and events on the District Web site, including agendas, minutes and staff reports. Prior agendas, minutes and staff reports will be posted for the current and prior calendar year. Limited staff FeSOUFeeS do not allow the The District will not generally to answer questions or respond to comments made in Internet forums. The District will post answers to such questions on its Web site if the questions are deemed important by a Board member or by District staff. If a Board member desires staff to prepare a response to a question or comment received by E- mail or made in an Internet forum,the Board member may forward the question to the General Manager and request that staff prepare an appropriate response in a reasonable period of time. If preparation of a response will require significant staff time to research or draft the response, an interim response to the questioner or commenter will be sent as soon as possible acknowledging receipt of the inquiry and informing the sender that a response is being prepared. IV. Web Site Electronic Communications Policy Revised 8/12/05 i A. District Web Site. The District uses the Web site to disseminate information to the public about the District, official business of the District's Board of Directors and District preserves. This information shall be published and maintained by District staff in the appropriate department relevant to the information presented. Files made available through the District Web site shall be consistent with the District Web publishing templates, and the Privacy and Terms of Use Policy. The Public Affairs Department is the primary point of contact for inquiries regarding District information disseminated through the Web site, in addition to being the point of contact for any media inquiries through the Web site. The Web site should be maintained in conformity with the District's gy"Web Strategy and Maintenance Plan." B. Web Site and Internet Services—For District Business Purposes Only. The District's Web site and Internet connection exists solely for the purpose of conducting District business and is not intended for personal use. C. Prohibited Uses. Electronic communications systems of the District are not to be used in any way that violates any District policy, including this Electronic Communications Policy. V. Specific Procedures A. Retention of E-Mail. E-mail is intended to be a temporary medium of transmission of communication and should not be used for permanent storage of records. Because E-mail should not be used for permanent storage, E-mail is deemed to constitute preliminary drafts, notes, or intra-agency or interagency memoranda that are not retained by the District in the ordinary course of business. If a Board member desires to retain information received by E-mail,the information Should be either printed as a hard copy and then deleted, or transferred to an electronic file specifically designated and used solely for District business purposes. The District Clerk and General Counsel are available to assist users in determining how to address questions concerning the application of these procedures. B. Public Records Act. District records, whether paper or electronic, are governed by the public disclosure requirements of the Public Records Act. Disclosure may be required regardless of who sends or receives a communication or document. In the event that the District receives a request for disclosure of District records that includes E-mail, the person responsible for the requested records must use his or her best efforts to preserve all District E-mail covered by the request until it is determined whether the E-mail must be disclosed. The District Clerk and/or General Counsel must be contacted concerning any request for disclosure of any District records applicable to E- mail or other electronic records of any user subject to this policy. C. Confidentiality. 1) California law requires that certain information be treated as confidential and not be distributed to others inside or outside the District who do not have authorization to view such information. Board members may occasionally receive confidential electronic information. Some examples of confidential information are: personnel records, internal investigations, information relating to litigation or potential litigation, attorney-client communication, information relating to labor negotiations, or information relating to confidential real estate negotiations. When Board members receive confidential information, it should be marked "Confidential Information"so that Board members are alerted to the nature of the information. Electronic Communications Policy Revised 8112/05 | | | 2) Confidential information should not be sent or forwarded to individuals or entities not � � authorized to receive that information and should not he sent or forwarded VoDistrict � employees not authorized to view such information. 3) Board members and employees shall exercise caution in sending confidential information 6v � E-mail as compared to written memoranda, letters or phone calls, because of the ease with � � which such information can lose confidentiality hy inadvertent or intentional diversion orre- transmission by others. � 4) The District's General Counsel should be contacted concerning any questions about whether � � uoomrnunico1ion is confidential. � V1' Compliance with this Policy: It is the responsibility of every user to insure that ke or she they ioa*e � in compliance with this Electronic Communications Policy. � � � � � � � � � � � � � � � � � � � � � � � � � � � Electronic Communications Policy Revised8M205 � � � Regional Open we S0 ------------------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: L. Craig Britton, General Manage DATE: August 19, 2005 RE: FYI's ►ceg►undr "PC" ace 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT August 11, 2005 Supervisor Liz Kniss Santa Clara County Board of Supervisors County Government Center,East Wing, 10'h Floor 70 West Hedding Street San Jose, CA 95110-1705 Ms. Colleen Oda,Planner County of Santa Clara Environmental Resources Agency County Planning Office 70 West Hedding Street East Wing, 7 h Floor San Jose, CA 95110 Subject: Appeal of Grading Permit and Conditions of Approval for Rhys Vineyards Winery (File Number 4242-9-60-04G) Dear Supervisor Kniss and Ms. Oda: The Midpeninsula Regional Open Space District is submitting this letter in support of the appeal of the grading permit for the Rhys Vineyards Winery project referenced above. The District was first made aware of this project through an inquiry made by a neighboring property owner to the project site and subsequent request by District staff to the County for information on the proposed project. The District did not receive notification of the issuance of a Negative Declaration or the Grading Permit for the project even though the project parcel is located directly across HWY 35 from the District's Long Ridge Open Space Preserve and the District's preserve is the receiver of drainage from the project parcel. The District is increasingly concerned with the proposed project and the nature by which the County has proposed to address adherence to the California Environmental Quality Act through the segmented analysis of impacts for each y p phase of the proposed project. This error is clearly detailed wrtlun the project description which reads; "This grading permit project involves only the first phase of a proposed 3-phase master plan." As each phase of the proposed project will require a permit from the County and accompanying CEQA review, impacts from the entire project must be reviewed cumulatively and cannot be reviewed in segments; a significant and fatal flaw in the environmental analysis that is discussed in more detail by the Committee for Green Foothills in their appeal letter dated August 4,2005. The District has additional concerns regarding the adequacy of the analysis of impacts of the proposed project. Most significantly,the analysis failed to look at biological impacts to fisheries within Peters Creek stemming from increased erosion and altered hydrology resulting from the grading on the project site. This is an impact that the District has particular concern over due to the District's land holdings immediately downstream of the project site. I 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:650-691-1200 Fax:650-691-0485 • E-mail:mrosd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, Deane Little,Nonette Hanko,Larry Hassett,Kenneth C.Nitz • General Manager:L.Craig Britton Rhys Vineyards Winery Gr Permit Appeal August 11,2005 Page 2 of 2 We have had the opportunity to review the appellant letters to the grading permit as well as the project materials prepared by the County staff and the project applicant. In reviewing these materials,we support the appeal reasons and requests made by the appellants and we urge the County to grant the appeal to this project. Should you have any questions,please contact Kirk Lenington,Resource Planner at(650)691- 1200. S Sincerel in&cerel L. Cra on Manager General Mannager cc: Supervisor Rich Gordon, San Mateo County Board of Supervisors MROSD Board of Directors Cathy Woodbury,Planning Manager PAChron File\Kirk\Appeal Letter Rhys Vineyards 8-11-05.doe For Immediate Release Contact: Anne Sharman August 11, 2005 Director ofCommunications Phone: (650) 854-7696 � California Coastal Commission Clears Way � for POST to Provide Public Access at Pigeon Point � (Menlo Park, Calif.) - On August 10, the California Coastal Commission denied an � . appeal that opposed plans by the Peninsula Open Space Trust (POST) to restore public access at Pigeon Point near Pescadeno. In their finding today, the Coastal � Commission deemed that the appeal failed to raise any substantial issues. The Commission's action clears the way for POST to move forward with plans to build trails leading to Whaler's Cove next to Pigeon Point Light Station. � "We are extremely pleased with the Coastal Commission's decision," said POST � President Audrey Rust. "Whaler's Cove is n beloved spot along the coast, popular with local residents and tourists alike. The Commission's move gives POST the green � light to begin to construct the trails along the bluff top and beach so that day trippers, hikers and schoolchildren can all experience the natural splendor ofthis � place updosa." � Whaler's Cove is remarkable for its panoramic ocean views and rugged coastal � beauty, including a picturesque beach, jutting rocks, sparkling tide pools and an � historic lighthouse nearby. It is an ideal location for spotting migrating birdsand � gray whales, which occasionally svvirn in close to shore and can be seen breaching in the cove's shallow waters. � POST plans ho build walking trails, an information kiosk, a seating area, and an overlook deck otthe 3-acre site, which it acquired in 3000thnough its Saving the Endangered Coast campaign. POST transferred the property earlier this year to � California State Parks for permanent protection and continues to hold an easement � � to build the trails. The cove was closed to the public in 1995when a local hotel developer began � building a nine-unit nnohe| on the land. POST stepped in and bought the property for $2 G5 million, halting construction that have blocked public cove . ' � � and views of the ocean from nearby Highway 1. � Now that the Coastal Commission has ruled on the appeal, POST plans to begin building the bluff-top trails later this month. The new paths will comprise port of the California Coastal Trail, a segment of which will be called Me|'s Lane, in honor of conservationist, former Sunset book and magazine co-founder and POST co-founder � Melvin B. Lane. Trail construction should be completed this hu||. � #### POST isa leading private, nonprofit land trust dedicated to preserving the beauty, character and diversity of the San Francisco Peninsula landscape. Since its founding in 1977, the � organization has been responsible for saving nearly 55,000 acres as permanent open space and parkland in San Mateo and Santa Clara Counties, Included in that total are 14,259 acres of coastal land POST has protected in the last four years through its $200 million Saving the Endangered Coast campaign. � � � � / Regional Open Sp. ,,--e � MIDPENINSULA REGIONAL OPEN SPACE DISTRICT August 11, 2005 Distribution List (attached) Re: Trails at Windy Hill Open Space Preserve Dear Windy Hill Open Space Preserve Visitors: Thank you for your interest in the trails at Windy Hill Open Space Preserve. The District's Board of Directors considered your recent letters at their regular meeting last night. In your letter, you inquire specifically about an area where people have veered off the Spring Ridge Trail just below the intersection with the Betsy Crowder Trail to connect to the Meadow Trail. Although the area has no official trail designation, it has received a fair amount of use in the past, as evidenced by the trampled vegetation and compacted ground surface. These impacts on the land from use where there is no official trail prompted District Rangers to post signs indicating that the area is closed for resource protection. Our most recent trail projects at Windy Hill include the completion of the Meadow Trail, which I am happy to know you enjoy, and the completion of draft design plans for an observation deck at Sausal Pond. Currently, the District is in the midst of a busy construction season, managing a number of new trail construction projects at various other Preserves. However, we will discuss prioritization of pending trail projects, including your request for a trail connection at Windy Hill, at our next Use and Management Committee meeting scheduled for August 11 at 2:00 p.m. at the District's Administrative Office. We understand that the District's General Manager has written you a separate letter advising you of the Use and Management Committee meeting and enclosed an agenda for that meeting. We will keep you apprised of the timing for consideration of new trails at Windy Hill. Sincerely, Larry assett, President Board of Directors cc: MROSD Board of Directors LH:ar 33o Distel Circle 650-6gri2oo info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nonette Honko,tarry Hossett,Kenneth C Nitz L.Craig Britton Distribution List: Shirley Biggerstaff Gloria H. Olsen 501 Portola Road, 48026 501 Portola Road, 48065 Portola Valley CA 94028 Portola Valley CA 94028 Margaret C. Brandon Betty Sorensen 501 Portola Road, 48132 501 Portola Road, 48053 Portola Valley CA 94028 Portola Valley CA 94028 Betsy Carpenter Anita Tenzer 501 Portola Road, #8065 501 Portola Road, #8026 Portola Valley CA 94028 Portola Valley CA 94028 David S. Colburn Marilyn J. Walter 501 Portola Road, 48145 20 Coyote Hill Portola Valley CA 94028 Portola Valley CA 94028 Dorothy B. Kennedy Jeanne Wohlers 501 Portola Road, #8001 190 Fox Hollow Road Portola Valley CA 94028 Woodside, CA 94062 Ruth H. Koehler 501 Portola Road,48032 Portola Valley CA 94028 Susan L. Lattin 501 Portola Road, 48004 Portola Valley CA 94028 Barbara W. Mulligan 501 Portola Road, #8183 Portola Valley CA 94028 i AUb -1 Peninsula Open Space Trust Board of Directors August 10, 2005 Susan Ford Dorsey,Chair Allan F. Brown Vince S.Garrod Christina A.Holloway Mr. Craig Britton Larry Jacobs General Manager Karlaene Kabccnell M.D. Charlene Midpeninsula Regional Open Space District ce Robert C.Kirkwood 330 Dlstel Circle Norman E.Matteoni I,os Altos, CA 94022 Dianne McKenna David W. Mitchell Paul Newhagen William Reller Karie Thomson Dear Craig, Mark A.Wan Coastal Campaign I'm writing to thank you for formally encouraging the Coastal Commission to Advisory Council deny appeal number A-2-05-009 regarding coastal access at Pigeon Point. Robert Augsburger Sheldon Po.D. Robertt V.,Brown Thanks to the support of MROSD and many other partners and friends of Patricia Compton POST, the Coastal Commission unanimously denied the appeal today. Your Lois Crozier-Hogle efforts will insure that Pigeon Point is accessible to the public for generations Phyllis Draper David L.Fletcher to come. Robert B.Flint,Jr. Elaine French Sukey Grousbeck Thank you for your efforts to reinstate public access to Pigeon Point. Rosemary Hewlett Patricia L.Hooper Mary Hufty,M.D. Best wishes, Suzanne B.King Melvin B.Lane Robert W.McIntyre George M.Marcus Jacqueline Mayer Robert H.Miller Gordon E.Moore,Ph.D. Audrey C. Rust/ Bette Moorman President Janet Morris Susan Orr F.Ward Paine Paul O.Reimer Barbara Doyle Roupe Alexander H.Schilling,Jr. T.Chester Wang Anne M.Westerfield Rosemary Young Leah Zaffaroni President Audrey C.Rust 3000 Sand Hill Road, 1-155 Menlo Park,California 94025 Tel: (650)854-7696 Fax: (650)854-7703 www.ol)ensliacetrust.org Recycled Paper Regional Open Sp.4ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT August 12, 2005 Distribution List (attached) Re: Windy Hi Open Hill n Space Preserve P p Dear Windy Hill Trail Users: Thank you for your interest in the trails at Windy Hill Open Space Preserve, specifically the Spring Ridge Trail system. As some of you may know, we have received a number of letters regarding this connector trail. As a result the District's Use and Management Committee met yesterday to discuss the trail segment connection between Spring Ridge Trail and Meadow Trail, 1 The Committee will be making a recommendation at the upcoming Board of Directors Meeting that the District re-establish this trail connection. This trail connector will be open on an interim, temporary basis to all trail users until such time as the Windy Hill Open Space Preserve's overall trail plan is reviewed (in approximately two years). The next Regular Board Meeting is scheduled on August 24, 2005 beginning at 7:30 p.m. and is open to the public. If you would like to review the Agenda and Staff Report for this item, please be sure to visit the District's Web site at www.opens pace.org after 4:00 p.m. on Friday, April 19, 2005. Sincer y, L. Craig Britton General Manager cc: MROSD Board of Directors 33oDist',elCircle 550-691-1200 info@openspace.org BOARD DIRE(:TORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-691-0485 fax www,o ens ace.or Deane Little Nornette Hornko Lorry Ho.ssett Kenneth C Nitz L.Craig Britton P P � 9 Y Distribution List: Shirley Biggerstaff Gloria H. Olsen 501 Portola Road, #8026 501 Portola Road, #8065 Portola Valley CA 94028 Portola Valley CA 94028 Margaret C. Brandon Betty Sorensen 501 Portola Road, #8132 501 Portola Road, #8053 Portola Valley CA 94028 Portola Valley CA 94028 Betsy &. Alan Carpenter Anita Tenzer 501 Portola Road, #8065 501 Portola Road, #8026 Portola Valley CA 94028 Portola Valley CA 94028 David S. Colburn Marilyn J. Walter 501 Portola Road, #8145 20 Coyote Hill Portola Valley CA 94028 Portola Valley CA 94028 Dorothy B. Kennedy Jeanne Wohlers 501 Portola Road, #8001 190 Fox Hollow Road Portola Valley CA 94028 Woodside, CA 94062 Ruth H. Koehler Helen Baden 501 Portola Road, #8032 180 N. Castanya Way Portola Valley CA 94028 Portola Valley CA 94028 Susan L. Lattin Mr. & Mrs. W. Keehn 501 Portola Road, #8004 501 Portola Road, #8130 Portola Valley CA 94028 Portola Valley CA 94028 Barbara W. Mulligan Trish Hooper 501 Portola Road, #8183 501 Portola Road, #8033 Portola Valley CA 94028 Portola Valley CA 94028 Louis Salerno Jennifer Harris 75 Golden Oak Drive 501 Portola Road, #8004 Portola Valley CA 94028 Portola Valley CA 94028 Page I of 3 Gordon Baillie From: Gordon Baillie Sent: Friday, July 15, 2005 2:39 PM To: 'julian@chocholaks.net' Cc: General Information; John Maciel; Craig Britton; Sally Thielfoldt; Michael Newburn (E-mail); Sango Sanguinetti (E-mail); Brendan Downing (E-mail); Brian Malone (E-mail); Dennis Danielson (E-mail);Tom Lausten (E-mail) Subject: RE: You guys are AWESOME! Dear Mr. Chocholak, Thank you so much for your very kind comments regarding the District Rangers. I am very glad that the experience turned out to be a positive one, and that your friend was safe. We also very much appreciate your understanding and support for the District's enforcement efforts. These efforts are designed to ensure that everyone has a safe and enjoyable experience in the preserves. I will pass your comments along to our District's managers and supervisors. Again, many thanks for your kind comments. Gordon MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Cordon Baillie Management Analyst/Court Liaison Midpeninsula Regional Open Space District (650)691-1200(office Line) (650)691-0485 (Facsimile) GBaillie@OpenSpace.org www.0pcnSpace,org ----- Original Message ----- From: U. Julian Chocholak 111" <julian@chocholaks.net> To: <info@ open space.org> Sent: Monday, July 11, 2005 11:15 PM Subject: You guys are AWESOME! >I want to say "Thank you!" • I had an unusual evening bike ride at Fremont Older today, where I got • separated from my biking partner for more than an hour and wound up •enlisting the help of two Rangers trying to find her. •Now, Gladys and I have been friends for nearly three years, and have •been biking the Bay Area trails together for most of that time. We're •both fairly experienced riders, although she's not quite as balanced on 8/18/2005 Page 2 of 3 > her bike as she'd like to be and u_ result is somewhat more > accident-prone than most riders. She also has mild asthma and on >occasion has neglected to bring her inhaler on a ride. > We reached a crossroads, she opted for the smoother way down, I opted > for the more advanced down/up/down/up/down. We agreed on a meeting ways, > point and went our separate w , expecting to see each other in about p g > 10 minutes to continue our ride. We know Fremont Older well - we've > been biking it about twice a week now for more than two years. >An hour later, after I had biked most of the upper trails (the Toyons, r 1>BaY vie w etc. h twice in an effort to find e left messages ssages on her cell >phone and asked every hiker and biker I passed if they'd seen a lone > woman on a bike ANYWHERE that night (nobody had), I was admittedly >getting a little worried. >Not panicky, but just - well, when a lone woman who knows the park >doesn't show up at a meeting point, a guy's mind can't help but send up >a few warning flares. >Eventually, I ran into Ranger Jeff down near Seven Springs. I just > asked if he'd seen a lone woman on a bike, not trying to raise any > alarm, but before I knew it he had planned a quick 2-man search back up > to the water tank near Garrod Stables (with him in his truck and me on > m bike), hitting all the probable intersections on the way up. He Y g >radioed a second ranger who was already up on the hill, and in the next > 15 minutes we had pretty much searched the entire upper portion of the park. >We didn't know it, but Gladys was already back at the car at this point >pulling her cell phone out to find a few messages from me. After >comparing notes with her this evening, it seems we were chasing each >other in the same direction like idiots, missing each other at >intersections literally by seconds. So much for "experienced" bikers. > So. No alarm, no panic, nobody hurt or gasping for air in the bushes - >just a missed connection. >But your two rangers were an incredible help. Jeff even drove all the > way back to where we'd parked(at the little strip mall on S. Foothill > Blvd.)just to see if Gladys'car was still there. Now THAT is going >above and beyond. >I've been stopped for speeding on the trails. I know that the 15mph > limit is safe and logical for the number and types of trail users, but > sometimes I forget. Downhills are fun. You guys keep me in check. Good. >I've been stopped for being in the park longer than 30 minutes after > sunset. Hey, you've gotta close sometime, I know the rules, I just > didn't time things well after the time change. I'm sure you hear that a > lot! *grin* >What I'm trying to say is this: every encounter I've had with the >Fremont Older Rangers has been positive, regardless of whether I was in 8/18/2005 Page 3 of 3 > the wrong, or just looking for hc._a , or just passing by barely under > 15mph. Nobody writes thank-you's after getting a speeding ticket or > being lectured about the park rules. Heck, it didn't even occur to me > to do such a thing. >But we should. Know why? Because those people sitting there with their > radar guns at the bottom of a hill are exactly those same people who'll > drop everything they're doing to help search for a misplaced friend on a > hillside. > > And when everything turns out okay, they don't roll their eyes or > lecture you on staying together and being more responsible. No. As you > shake their hand and thank them for their help, they say "It's always > better to search sooner rather than too late." >Dude. You guys are awesome. Thank you for everything. > > Sincerely, > >J. Julian Chocholak III >julian@chocholaks.net > I 8/18/2005 I. Ilk r hail t 'pf Is f 20 Coyote Hill h Portola Valley,CA 94028-8017 August 15, 2005 �rinv� Hil�,�ortnin'✓a��ey '^»:, R E rL) L.Craig Britton, General Manager MROSD AM 16 2005 330 Distel Circle Los Altos, CA 94022-1404 11DPENINSULARIEG,pNALOFE� ;PACE D1STRlDT Dear Craig Britton: Thank you for your letter of August 12 indicating that the District's Use and Management Committee will be recommending the re-establishment of the trail segment connection between Spring Ridge Trail and Meadow Trail. I It is so important that seniors have the opportunity for healthy outdoor exercise, and with Windy Hill in our back yard this segment of trail gives us good reason to be active. It has become our favorite. Because I will away on August 24, please add my voice in support of this connector trail. SincereW�A ly, Marilyn J. alter cc: MROSD Board of Directors State of California-The Resources Agency Arnold Schwarzenegger,Govemor � DEPARTMENT OF PARKS AND RECREATION Ruth Coleman,Director ® STATE PARK AND RECREATION COMMISSION s P. O. Box 942896 Sacramento, California 94296-0001 (916)653-0524 • FAX: (916)653-4458 ,. PUBLIC NOTICE CALIFORNIA STATE PARK AND RECREATION COMMISSION, NOTICE IS HEREBY GIVEN that the State Park and Recreation Commission, pursuant to authority contained in Sections 539, 5002.3, 5019.50, 5080.03, 5080.20, et al of the Public Resources Code, Section 11120 et seq. of the Government Code, and pursuant to law, will meet on Friday, September 23, 2005 at 9:00 a.m. at the Santa Clara County Government Center, 70 West Hedding Street, in San Jose, California. The meeting facility is wheelchair accessible. Agenda items include consideration and action on the Department of Parks and Recreation's recommendation for approval of the Amended General Plan/Final Environmental Impact Report for The Forest of Nisene Marks State Park, and consideration and recommendation of the draft California Recreation Policy for adoption by the Director. Copies of the Amended General Plan/Final Environmental Impact Report (July 2005)for The Forest of Nisene Marks State Park are available for public review at these locations: Aptos Library, 7695 Soquel Drive, Aptos; Santa Cruz City Library, 224 Church Street, Santa Cruz; State Parks Santa Cruz District Office, 303 Big Trees Park Road, Felton; Sunset State Beach, 201 Sunset Beach Road, Watsonville, and on the Internet at www.parks.ca.gov/defauIt.asp?pagp_id=21501. NOTICE IS GIVEN that any person may file a statement regarding hearing items by writing to the address above or by presenting oral or written statements at the hearing at 9:30 a.m. or as soon thereafter as the matter may be heard. Inquiries or requests for information should be directed to Louis Nastro, LNastro@parks.ca.gov, 916/653-0524, or to the State Park and Recreation Commission, Box 942896, Sacramento, CA 94296- 0001. California State Parks does not discriminate against individuals with disabilities. Visitors who wish assistance should contact Mr. Nastro at the address above at least 72 hours prior to arrival. Regional Open SP -e t MIDPENINSULA REGIONAL OPEN SPACE DISTRICT August 18, 2005 Mr. Rick Weissenbom, Lead Remedial Project Manager Base Realignment and Closure Program Management Office West 1230 Columbia Street, Suite 1100 San Diego, CA 92101-8571 RE: Review of the Draft Addendum to the Revised Final Station-Wide Feasibility Study for Site 25 (Draft Feasibility Study Addendum) Dear Mr. Weissenborn: The Midpeninsula Regional Open Space District, as landowner of a portion of the subject property referred to as Site 25,has reviewed the Draft Addendum to the Revised Final Station-Wide Feasibility Study for Site 25. We are generally pleased with the approach, science and goals outlined in this document, that are the direct result of considerable hard work on the part of the Navy and their consultants,NASA, and the Regional Water Quality Board and Environmental Protection Agency. However, we respectfully submit the following comments and questions: Site and Property Boundaries The District reiterates its grave concern about the accuracy of the property boundary information for Site 25 that is presented in the Draft Feasibility Study Addendum and preceding documents. First, the maps in each document are inconsistent and appear to show inaccurate parcel boundary line information of the District's property. For example, Figure 2, Site Location Map, shows the District's eastern boundary as a series of nonlinear lines that roughly follows the edge of the former soil fill area(the "peninsula")when in fact this portion of the boundary between the District and NASA is a single course, i.e., a straight line. Please explain or correct this discrepancy. Some of the maps show small portions of what are apparently wetlands located outside the Site 25 boundary line,potentially within the District parcel, and identified by sampling as contaminated areas. This is particularly evident in Figures 3 through 6. The use of the Thiessen polygon method of interpolation, described as "constructed around individual sampling locations, so the sides of each polygon are equidistant from adjacent sampling locations" (FS Report Addendum,page 23), appears to be compromised in this location due to the proximity of the sampling locations to the peninsula and to the purported property boundary between NASA and the District. Please explain how the Thiessen method will be applied in this area. Further, since these areas are identified as wetlands, it is conceivable that contamination through sedimentation has also affected these areas in years when rainfall amounts have been extraordinarily high, resulting in full flooding of the area from the 33o Distel Circle 650-691-1200 info@openspace.org BOAR D OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nanette Hanko,Larry Hassett,Kenneth C.Nitz L.Craig Britton Mr. Rick Weissenborn Base Realignment and Closure August 17, 2005 Page 2 stormwater collection at Moffett, as well as directly receiving runoff from the contaminated upland soils of the peninsula. Please explain why these wetland areas appear to be excluded from Site 25. relationship is between the e It has never been made clear to the District what the p Navy and NASA regarding the peninsula. This area was originally part of the investigation in the Station-wide Environmental Assessment(SWEA) of Operating Unit 6 (OU6). Is it part of the remediation required of Site 25? By letter of July 27, 2005, from NASA to the Environmental Protection Agency, information regarding the level of contamination on the peninsula is discussed. It is clear from that letter and report that further sampling is necessary to delineate both the lateral and vertical extent of the contaminants. Further, since this is artificial fill, placed apparently without substantive documentation or permits, and contaminated, at minimum, with PCBs, it is premature to move forward with the actual physical clean-up of Site 25. It appears very unlikely that the source of the soils, removed from some other portion of Moffett and placed in the wetlands, was"clean" and may in fact contain multiple toxins at or above action levels. Without an approved plan to address this potential source for an on-going contamination of t clean-up set out in the subject District land the pur poses sought to be served b he pm'p g Y p J document are unlikely to be achieved. Please provide a detailed description of the boundaries of Site 25. Please describe and explain the relationship of the peninsula contamination to the clean-up discussed in the subject document. Please confirm or deny that the peninsula area is part of the cleanup required for Site 25. Property Restrictions and Status of District Property The District acquired its parcel using a grant from the Land and Water Conservation Fund and is restricted in its' use of that land by the provisions of a contract (copy attached for your information) and by the provisions of the Land and Water Conservation Fund Act of 1965 [978 Stat. 897 (1964)]. You will note in particular the restrictions requiring a commitment of the land to public access and recreational use. This land has also been dedicated as public open space. I have attached a copy of the pertinent statutory authority(Public Resources Code §5540)that further restricts the District's ability to utilize this parcel for any purpose inconsistent with public open space. Remediation of the Contaminated Former Soil Fill Area (Peninsula) According to the maps in the Draft Feasibility Study Addendum, and as discussed above, the former soil fill area that protrudes into the stormwater basin appears not to be a part of Site 25. Yet, previous sampling results of the peninsula indicate PCB hot spots and a potential sediment plume that may be migrating from the peninsula into the stormwater basin on both District and NASA property(refer to Figure 6, Total PCB Concentrations at Site 25; NASA's Draft Sampling and Analysis Plan for the Former Soil Fill Area, August 2005; and NASA's Fact Sheet on PCBs in Surface Soils, March 2005). The District therefore reiterates its very serious concern about the potential for recontamination of the stormwater basin if the potential source contamination on the peninsula is not first properly addressed. The District understands that NASA is taking the lead role on the remediation i Mr. Rick Weissenbom Base Realignment and Closure August 17, 2005 Page 3 of the peninsula and has issued an initial Draft Sampling and Analysis Plan for the former soil fill area. In the interest of ensuring a successful remediation of Site 25,we ask that you explain the timeline for the remediation of the peninsula, the responsible parties who will lead the remediation, and how the cleanup of the peninsula will be folded into the timeline for the cleanup of Site 25. Also,please specify whether the cleanup goals of the peninsula will match the cleanup goals of Site 25, and what steps will be taken to ensure that the peninsula is not a source of future contamination of Site 25. Lastly, do consider adding the remediation of the peninsula in the Record of Decision if NASA does not complete the remediation by the time the Record of Decision is finalized. Continued District Participation Please continue to notify the District regarding the status and remediation of Site 25. The District, as a landowner in the subject area,will continue to participate at Site 25 meetings to stay abreast of the project and to provide input throughout the process. Thank you for your consideration of our comments. If you have any questions, please contact Ana Ruiz, Open Space Planner II, at (650) 691-1200. Sincerely,,, ely, L. CraigBritton General Manager LCB:ar:dms cc: MROSD Board of Directors Mr. Frank Gray CA Department of Fish and Game Ms. Adriana Constantinescu, Office of Spill Prevention and Response Registered Geologist 1700 K Street Water Quality Control Board P.O.Box 944209 Regional Q tY San Francisco Bay Region Sacramento, CA 94244-2090 1515 Clay Street, Suite 1400 Oakland,CA 94612 Ms. Sandy 011iges,Deputy Director National Aeronautics and Space Administration Ms. Lida Tan,Remedial Project Manager Ames Research Center MS218-1 U.S. Environmental Protections Agency Moffett Field, CA 94035 Region 9 75 Hawthorne Street SFD-8-3 Scott Gromko San Francisco, CA 9410 Base Realignment and Closure Program Management Office West 1230 Columbia Street, Suite 1100 San Diego,CA 92101-857 Regional Open S, ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT To: Craig Britton, General Manager From: John Maciel, Operations Manage Subject: Update on Protocols and Field Si e 4afety Tips for Staff Date: August 19, 2005 Craig, I As a follow-up to the serious incident that occurred on August 5, 2005 in Sierra—Azul Open Space Preserve, the Operations Department has been reviewing its protocols and practices involving staff. A number of steps have taken place during the past two weeks to increase staff awareness and reduce their personal risk. The following actions have taken place: 1. On August 10`" Supervising Rangers, Area Superintendents and I conducted an administrative review of the August 5t" incident. As an outcome of that review, some interim Marijuana Cultivation Protocols have been developed for Ranger staff(see attached). 2. On August 15t" at the administrative staff meeting, a safety training was conducted by me on Safety Tips when working in the field. A handout was made available with the tips outlined (see attached). Prior to this an e-mail was sent out to all office staff in April by Michael Newburn about being cautious when off trail hiking.(see attached) 3. Each field office conducted an all staff meeting on August 17t" and part of that agenda was to discuss the incident of August 5th and review safety precautions with staff. At that meeting,patrol staff received copies of the new interim marijuana cultivation response protocols and all staff reviewed the Safety tips handed out on Monday to Administrative staff. At that time staff was informed that additional safety guidelines would be developed for maintenance staff. 4. Also, at the request of staff and Operations Management, a Critical Incident Debriefing session is scheduled for Ranger staff on August 24t" lead b an eg Y g counselor experienced in this typeg of debriefing. These are a few steps being taken to minimize the risk of staff doing their job in the field. The Operations Department will continue evaluating operational procedures and making changes when appropriate. I am pleased to report that Kyle Kroll, the Fish and Game Warden injured in the incident is now home recovering. If any additional information is requested, please let me know. 330 Distel Circle • Los Altos, CA 94022-1404 . Phone:650-691-1200 Fax: 6=50-691-0485 * E-mail: mrosd@openspace.org • Web site:www.openspace.org �7CaEEr t omd 4)?Dircc tors:Fete Siemens,Mary C. Davey, led Cyr, Deane Little, Nonette Hanko, Larry Hassett, Kenneth C. Nit/, m General Manager:L.Craig Britton i MEMORANDUM MIDPENINSULA REGIONAL OPEN SPACE DISTRICT August 17, 2005 Policy Ops-Patrol 2005-01 Date August 17, 2005 ' To: All Patrol Staff Supersedes N/A Amendments Amends any previously From: John Maciel, Operations Mana published instructions .'C re arding marijuana sites. Subject: Interim Marijuana Cultivation Site Response Protocols For the purpose of increased safety of District Rangers the following protocols are effective immediately. These protocols are both a reiteration of existing protocols, with some additional restrictions which are designed to enhance Ranger safety when responding to marijuana incidents. Finding a or sus real ected cultivation site: p • If a Ranger discovers or suspects he/she has found a possible marijuana cultivation site,the Ranger shall leave the area immediately, notify the on-duty supervisor, and only return to the site in the accompaniment of an armed law enforcement officer. • If a Ranger discovers, or receives a report of a small number of marijuana plants g p � J that he/she can remove at the time of the discovery then the Ranger shall immediately contact the on-duty supervisor for approval to remove the plants and shall notify the appropriate law enforcement agency. Eradication of marijuana cultivation sites: • Participation in any eradication detail must be cleared through an Area Superintendent. • Participation of District patrol staff requires at least two Rangers, one of which must be a Supervising Ranger or Area Superintendent. • Rangers may not accompany law enforcement officers during the raid of any cultivation sites. • Rangers may only participate in the removal and clean-up of a cultivation site after the entire site has been deemed safe by the appropriate law enforcement agency. CADocuments and Settings\jmaciel\Local Settings\Temporary Internet Files\OLK2F\Marijuana-Interim Cultivation Site Response Protocols 8-2005.doc Safety Tips for Administrative Staff Visiting the Field John Maciel August, 2005 Pre-Plannin • If the site you're visiting is a closed preserve or if you are going into a remote area of a preserve call the Area Superintendent or a Supervising Ranger to inquire about the area, and ask if there is anything you should be aware of. • Have a good map of the area, be knowledgeable of different access roads to get into or out of the area. Preparing to leave for the Site Visit: • Make sure you sign out at the front desk. Be specific as to which preserve you are going to visit. Let a co-worker know where you will be. • If you're using a District Vehicle, make sure it is operating correctly and has plenty of fuel. • If you're going to a remote area,make sure you know the radio channel that works in that area. • If you're going to be away from you're vehicle, check out a portable radio and make sure it working correctly. Arriving at Your Destination: • When approaching the gate entrance to your access point take a look at the whole area as you approach. Do you see vehicles parked? Are the vehicles occupied? How are they parked? Be knowledgeable of you're surroundings. • If you observe individuals standing around or milling about a vehicle, park in another area if you can, and take a moment to observe if anything is going on. • If someone approaches your vehicle while you are still in it, don't get out of your vehicle. Role down you're window to address their question and leave the vehicle running. • If someone requests assistance or a ride, advise them that you will call someone to assist. Let them know the District does not permit employees to give members of the public rides. • If things don't seem OK, then leave the area immediately and call Mountain View dispatch or a Ranger, depending on the nature of your concern. Working in the Preserve: • Be observant of things on the trail. • Be aware of new or different smells. • Be observant of littered items; bags of garbage, piece of a garden hose or anything which doesn't belong there. • If you observe anything that doesn't fit in or belong there, don't touch it. Report it to a Ranger. • If you observe some type of illegal activity, don't make contact. Call Mountain View Dispatch or a Ranger, depending on the type of illegal activity. O:\Maciel\Safety'rips for Field Work.doc I Page 1 of 1 Sally Thielfoldt From: Michael Newburn Sent: Wednesday, April 27, 2005 10:47 AM To: Ana Ruiz; Anne Koletzke; Brendan Downing; Brian Malone; Bunny Congdon; Chris Braley; Cindy Roessler; David Sanguinetti; David Topley; Del Woods; Dennis Danielson; Doug Vu; Duncan Simmons; Elaina Cuzick; Foothills Ranger; Gloria Ison; Gordon Baillie; John Dickey; Jonas Roddenberry; Kathleen Hart; Julie Norton; Kirk Lenington; Kristi Altieri; Margaret Reimche; Matt Freeman; Matthew Sagues; Meredith Manning; Michael Bankosh; Michael Jurich; Michelle Jesperson; Mike Foster; Minh Tran; Paul McKowan; Renee Fitzsimons; Skyline Crew; Skyline Ranger; Stan Hooper; Craig Beckman; Tom Fischer; Tom Lausten; Holden Neal 9 p Cc: Cathy Woodbury; John Maciel; Mike Williams; Sally Thielfoldt; Rudy Jurgensen; Craig Britton; Tom Lausten Subject: Sierra Azul Safety Concerns SAFETY CONCERN For those employees 9 ees who might hike off trail during the course of your work, I would like to inform you of a safety concern for Sierra Azul Preserve. We unfortunately have had numerous illegal marijuana plantations discovered in the Sierra Azul Preserve over the last few years, which creates a hazard for anyone who might accidentally walk into these gardens. We have become aware of suspicious activity in the Hicks Road area of Sierra Azul. If for any reason you might need to hike off trail in Sierra Azul, please contact myself, any Supervising Ranger or Ranger at the Foothills Office to discuss when and where you will be hiking. This is just a precaution to make sure that you will not be going into an area of concern and the patrol staff will know where you are. Michael R. Newburn, Area Superintendent Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA. 94022 mnewburn@openspace.org www.openspace.org I i I I i I i I I 4/27/2005 SENT VIA EMAIL August 16, 2005 Planning Commission City of Curpertino 10300 Torre Avenue Cupertino, CA 95014-3202 SUBJECT: Gate of Heaven Cemetery— Use Permit Application Honorable Commissioners, Thank you for the opportunity to comment on the permit application submitted by Gate of Heaven Cemetery to the City of Cupertino. The Midpeninsula Regional Open Space District manages the 165-acre Rancho San Antonio County Park, which borders the cemetery, as well as the 3,800-acre Rancho San Antonio Open Space Preserve, adjacent to the cemetery. This is the most heavily used Preserve out of the total of 26 managed by the District in Santa Clara and San Mateo Counties. This area also serves as an open space outlet to residents of the adjacent and surrounding urbanized areas. Currently all gravestones are inset in the ground and cannot be seen from adjacent open space and park lands. The proposal would allow installation of upright gravestones and terraced walls in portions of the cemetery. Though the proposed sites for upright gravestones are not directly visible from District land, the District opposes their installation as a change to the existing open space character of the cemetery. The initial permit for the Cemetery was granted by the County of Santa Clara before the annexation of this area into the City of Cupertino. The County must have recognized that the Cemetery is located on the urban fringe adjacent to extensive natural areas. We applaud the County's resulting requirement in the Use Permit for flush gravestones to reduce the visual impacts of this use. The mere annexation of this territory into the City has not changed the adjacency of the Cemetery to extensive natural areas, and the reasons for inset gravestones are just as valid now as they were then. Furthermore, the current permit proposal shows only anticipated development for the next 10 years. Less than half of the 58 acres is currently in use, but over time the long- range goal would be to develop the entire property. Some of the undeveloped land directly borders public land and is clearly visible when entering and exiting the preserve. We would not like a precedent set that-paves"the way for the installation of upright gravestones and terraced walls in the undeveloped areas of the cemetery not covered in the current plan. Cupertino Planning Commission August 16, 2005 Page 2 We commend Gate of Heaven for finding a suitable site for the proposed crucifix that is not visible from surrounding open space land. We also thank them for addressing our concerns over the existing corporation yard by planting screening trees between the yard and District land. In the future the District suggests planting Oaks rather than Redwoods as they are more effective as a screen and better suited to the local environment. Thank you for the opportunity to review and comment on the plans. If you would like to discuss this matter further, please feel free to contact planning manager Cathy Woodbury at (650) 691-1200. Sincerely, /s/ L. Craig Britton L. Craig Britton, General Manager cc: MROSD Board of Directors Robert Lindberg, Gate of Heaven Claims No 05-15 Meeting 05-19 Date 8/24/05 Midpeninsula Regional Open Space District # Amount Name Description 3245 $784.13 Acme&Sons Sanitation Pumping/Disposal Fee&Weekly Services 3246 $89.07 AT&T Telephone Service 3247 $916.98 Barg Coffin Lewis&Trapp Legal Services-Guadalupe Watershed 3248 $240.00 CARPOSA Conference Registration 3249 $300.00 CARPOSA Agency Membership Dues 3250 $575.24 Cascade Fire Equipment Company Field Supplies 3251 $119.35 Cimino,Jim Reimbursement-CalPERS Conference 3252 $140.00 Clark Pest Control Pest Control Services-Hosking Barn 3253 $261.05 Clean Source Janitorial Supplies 3254 $1,247.22 CMK Automotive Inc. Vehicle Maintenance Service 3255 $27.46 Conoco Phillips 76 Fuel 3256 $378.10 Continuing Education of the Bar Law Courses 3257 $38.76 CSK Auto Vehicle Supplies 3258 $274.84 Custom Alignment Vehicle Repair 3259 $1,121.74 Deborah Mills-Design Concepts Brochures-Monte Bello,Sierra Azul&Dog Access 3260 $1,075.00 Del Rey Building Maintenance Cleaning-Daniels Nature Center/Cleaning Windows& Blinds-AO 3261 $23,670.47 Donald Hays Trail Contractor Construction Of Ridgetop Trail At Pulgas Ridge 3262 $28,570.95 EKI Soil Screening&Level Survey-Driscoll Ranch 3263 $215.28 Forestry Suppliers,Inc. Field Supplies 11 1 Foster Brothers Lock&Ke 3264 $ 8 9 y Services 3265 $968.80 Freeman,Matt Reimbursement-National Land Conservation Conference 3266 $53.70 G&K Service Shop Towel Service 3267 $177.79 Guy Plumbing&Heating,Inc. Plumbing Repair-Faucet,Quam Residence 3268 $106.80 Hasler Financial Services,LLC Property Tax On Postage Meter 3269 $5,781.03 Jakaby Engineering Design&Engineering Services-E►Sereno,Overlook Drive 3270 $10.77 Keeble&Shuchat Photography Photo Processing 3271 $525.00 Michael F.Cox Property Site Inspection 3272 $300.00 Montgomery Highlands Association Annual Road Dues-Hayes Property 3273 $210.87 Moore Medical Corp. Medical Supplies 3274 $150.00 Muniquip Delivery Of Trail Building Equipment 3275 $292.90 Orlandi Trailer Trailer Accessories 3276 $80.11 Paterson,Loro Reimbursement-Uniform Expense 3277 $15.38 Pearson Buick,Pontiac&GMC Vehicle Supplies 3278 $104.46 Peninsula Digital Imaging Photos For Special Parks District Forum 3279 $120.74 Petrotek Fuel Hose Repairs 3280 $499.69 Pine Cone Lumber Carriage Bolts&Hardware-Pulgas 3281 $4,639.50 "1 Post Haste Direct Mail Services Postage-Annual Report/Fall 2005 3282 $185.99 Pringle Tractor Co. Tractor Supplies 3283 $34.15 Rancho Ace Hardware&Garden Shop Field Supplies 3284 $40.19 Rayne Water Conditioning Water Conditioner Service 3285 $7,138.83 Rich Voss Trucking,Inc. Rock Delivery Charges-Big Dipper Residence Road-For Repair of Road 3286 $837.19 Roy's Repair Service Vehicle Repairs&Service 3287 $72.54 San Jose Water Company Water Service 3288 $10.00 San Mateo County Public Health Tick Testing 3289 $60.00 Sanguinetti,David Reimbursement-Cell Phone 3290 $886.00 Santa Rosa Junior College New Recruitment Academy Training 3291 $192.24 SBC Telephone/Fax Service-SFO&FFO 3292 $140.30 Skyline County Water District Dust Abatement 3293 $5,500.00 Standard&Poor's Analytical Services-2005 Refunding Promissory Notes Page 1 of 2 Claims No 05-15 Meeting 05-19 Date 8/24/05 Midpeninsula Regional Open Space District # Amount Name Description 3294 $251.47 Staples Credit Plan Office Supplies 3295 $716.40 Tadco Supply Janitorial Supplies-Deer Hollow Farm&Rancho San Antonio 3296 $1,466.79 Target Specialty Products Landscaping Supplies 3297 $3,148.20 The Bank of New York Note Paying Agent Fee-1999 Bonds,Second Issue 3298 $458.92 Tires on the Go Tires 3299 $3.84 United Parcel Service Parcel Shipping 3300 $143.45 United Rentals Highway Tech. Directional Sign 3301 $540.54 Unlimited Graphics&Sign Network Vehicle Decals 3302 $4,400.00 Valley Tree Care Tree Removal Service-FFO/Tree Work At Deer Hollow Farm 3303 $118.75 Valterria,Thomas Reimbursement-Uniform Expense 3304 $7,500.00 Vavrinek,Trine,Day&Co.,LLP Auditor Services For Fiscal Year 04/05-Final Payment 3305 $393.66 Woods,Del Reimbursement-Mileage Total $108,441.54 *1 Urgent Check Issued 8/18/05 Page 2 of 2 Claims No 05-15 Meeting 05-19 Date 8/24/05 Revised Midpeninsula Regional Open Space District # Amount Name Description 3245 $784.13 Acme&Sons Sanitation Pumping/Disposal Fee&Weekly Services 3246 $89.07 AT&T Telephone Service 3247 $916.98 Barg Coffin Lewis&Trapp Legal Services-Guadalupe Watershed 3248 $240.00 CARPOSA Conference Registration 3249 $300.00 CARPOSA Agency Membership Dues 3250 $575.24 Cascade Fire Equipment Company Field Supplies 3251 $119.35 Cimino,Jim Reimbursement-CaIPERS Conference 3252 $140.00 Clark Pest Control Pest Control Services-Hosking Barn 3253 $261.05 Clean Source Janitorial Supplies 3254 $1,247.22 CMK Automotive Inc. Vehicle Maintenance Service 3255 $27.46 Conoco Phillips 76 Fuel 3256 $378.10 Continuing Education of the Bar Law Courses 3257 $38.76 CSK Auto Vehicle Supplies 3258 $274.84 Custom Alignment Vehicle Repair 3259 $1,121.74 Deborah Mills-Design Concepts Brochures-Monte Bello,Sierra Azul&Dog Access 3260 $1,075.00 Del Rey Building Maintenance Cleaning-Daniels Nature Center/Cleaning Windows& Blinds-AO 3261 $23,670.47 Donald Hays Trail Contractor Construction Of Ridgetop Trail At Pulgas Ridge 3262 $28,570.95 EKI Soil Screening&Level Survey-Driscoll Ranch 3263 $215.28 Forestry Suppliers,Inc. Field Supplies 3264 $118.91 Foster Brothers Lock&Key Services 3265 $968.80 Freeman,Matt Reimbursement-National Land Conservation Conference 3266 $53.70 G&K Service Shop Towel Service 3267 $177.79 Guy Plumbing&Heating,Inc. Plumbing Repair-Faucet,Quam Residence 3268 $106.80 Hasler Financial Services,LLC Property Tax On Postage Meter 3269 $5,781.03 Jakaby Engineering Design&Engineering Services-El Sereno,Overlook Drive 3270 $10.77 Keeble&Shuchat Photography Photo Processing 3271 $525.00 Michael F.Cox Property Site Inspection 3272 $300.00 Montgomery Highlands Association Annual Road Dues-Hayes Property 3273 $210.87 Moore Medical Corp. Medical Supplies 3274 $150.00 Muniquip Delivery Of Trail Building Equipment 3275 $292.90 Orlandi Trailer Trailer Accessories 3276 $80.11 Paterson,Loro Reimbursement-Uniform Expense 3277 $15.38 Pearson Buick,Pontiac&GMC Vehicle Supplies 3278 $104.46 Peninsula Digital Imaging Photos For Special Parks District Forum 3279 $120.74 Petrotek Fuel Hose Repairs 3280 $499.69 Pine Cone Lumber Carriage Bolts&Hardware-Pulgas 3281 $4,639.50 '1 Post Haste Direct Mail Services Postage-Annual Report/Fall 2005 3282 $185.99 Pringle Tractor Co. Tractor Supplies 3283 $34.15 Rancho Ace Hardware&Garden Shop Field Supplies 3284 $40.19 Rayne Water Conditioning Water Conditioner Service 3285 $7,138.83 Rich Voss Trucking,Inc. Rock Delivery Charges-Big Dipper Residence Road-For Repair of Road 3286 $837.19 Roy's Repair Service Vehicle Repairs&Service 3287 $72.54 San Jose Water Company Water Service 3288 $10.00 San Mateo County Public Health Tick Testing 3289 $60.00 Sanguinetti,David Reimbursement-Cell Phone 3290 $886.00 Santa Rosa Junior College New Recruitment Academy Training 3291 $192.24 SBC Telephone/Fax Service-SFO&FFO 3292 $140.30 Skyline County Water District Dust Abatement 3293 $5,500.00 Standard&Poor's Analytical Services-2005 Refunding Promissory Notes Page 1 of 2 ',, Claims No 05-15 Meeting 05-19 Date 8/24/05 Revised Midpeninsula Regional Open Space District # Amount Name Description 3294 $251.47 Staples Credit Plan Office Supplies 3295 $716.40 Tadco Supply Janitorial Supplies-Deer Hollow&Rancho San Antonio 3296 $1,466.79 Target Specialty Products Landscaping Supplies 3297 $3,148.20 The Bank of New York Note Paying Agent Fee-1999 Bonds,Second Issue 3298 $458.92 Tires on the Go Tires 3299 $3.84 United Parcel Service Parcel Shipping 3300 $143.45 United Rentals Highway Tech. Directional Sign 3301 $540.54 Unlimited Graphics&Sign Network Vehicle Decals 3302 $4,400.00 Valley Tree Care Tree Removal Service-FFO/Tree Work At Deer Hollow 3303 $118.75 Valterria,Thomas Reimbursement-Uniform Expense 3304 $7,500.00 Vavrinek,Trine,Day&Co.,LLP Auditor Services For Fiscal Year 04/05-Final Payment 3305 $393.66 Woods,Del Reimbursement-Mileage 3306 R $1,984.17 Acme&Sons Sanitation Replace Portable Restroom/Weekly Service 3307 R $162.73 ADT Security Services Alarm Service-Skyline Field Office 3308 R $58.65 AT&T Telephone Service 3309 R $211.51 Beckman,Craig Reimbursement-Uniform 3310 R $75.00 CA Sustainable Winegrowing Alliance CSWA Workbook 3311 R $165.13 California Water Service Company Water Service 3312 R $75.00 CARCD Registration-Bay Area Grasslands Conference 3313 R $17,787.32 Casey Construction Demolition And Construction Services- Pulgas Ridge Staging Area 3314 R $248.66 Federal Express Express Mailing 3315 R $144.96 Fry's Electronics Computer Supplies 3316 R $169.37 Great Printing&Copies Printing-Notice Postcards 3317 R $3,500.00 Hexagon Transportation Cons.,Inc. Transportation/Traffic Analysis-Driscoll Ranch 3318 R $33.75 Lab Safety Supply Field Supplies 3319 R $1,069.06 LFR Levine Fricke Design&Engineering Services-ECDM Project 3320 R $103.60 McKowan,Paul Reimbursement-Postage For Invitations To Volunteer Recognition Event 3321 R $170.82 Moffett Supply Co.Inc. Janitorial Supplies 3322 R $471.44 National Flare Company,Inc. Field Supplies 3323 R $338.71 Peninsula Digital Imaging Printing-Invitations For Volunteer Recognition Event 3324 R $144.06 Petty Cash Training&Seminars,Office Supplies,Parking&Mileage Reimbursement, Local Business Meeting Expense 3325 R $95.73 PIP Printing And Document Services Envelopes-Volunteer Recognition Event 3326 R $329.47 Rich Voss Trucking,Inc. Rock Delivery Charges-Big Dipper Driveway 3327 R $204.00 Sunnyvale Dodge Vehicle Repair 3328 R $586.72 Target Specialty Products Landscaping Supplies 3329 R $27.59 United Parcel Service Parcel Shipping 3330 R $150.00 Verisign Email Security Service 3331 R $378.14 Verizon Cell phone 3332 R $600.00 W.J.Sorich Enterprises 2005 Road Dues-Sorich Road 3333 R $81.02 West Payment Center Monthly Legal Subscription 3334 R $102.47 Williams,Michael Reimbursement-Mileage Total $137,910.62 *1 Urgent Check Issued 8/18/05 Page 2 of 2 Regional Open , .ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: L. Craig Britton, General Manager DATE: August 24, 2005 i RE: FYI's I I i I I � c�EA�Ear _ATEROFFICE MEMORANDUM August 15, 2005 TO: L. Craig Britton, General Manager FROM: G. Baillie, Management Analyst SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY Month July Year 2005 DISTRICT VIOLATIONS CITES TOTALS OTHER CRIMES TO Bicycles Poss marijuana<1 oz. I Closed area 1 2 Marijuana cultivation 2 Speed 2 10 Under influence of controlled Helmet 3 14 substance 2 Night-riding 0 0 Vehicle burglary 5 Dogs Petty theft (base keys) I Prohibited area 3 5 Resisting Peace Officer I Off-leash 10 12 Off-road vehicles 1 2 ACCIDENTS/INCIDENTS Closed area 0 3 Bicycle accident 3 After hours 39 55 Equestrian accident 0 Fishing 0 0 Hiking/running accident 3 Swimming 0 0 Other first aid 7 Vandalism 0 9 Search&Rescue I Parking 19 23 Vehicle accident I Parking after hours 21 25 LZ air evacuation 0 Dumping 0 0 Fire I Camping 1 3 Campfires 0 0 ENFORCEMENT Weapons Parking citations 40 Actual contact 0 1 Other citations 63 Report only 0 0 Written warnings 53 Evidence of 0 1 Arrests 2 Release of wildlife (fox) 0 1 Police assistance 2 Smoking 2 2 Group w/out permit 0 1 MUTUAL AID Off trail bicyclist 0 1 Accident 2 Fireworks 0 1 Fire (vehicle) I Bicyclist w/headset 0 1 Fire (acres) I Reckless driving I I Law enforcement 2 Unauthorized planting(pines) 0 1 Landing zone off-site I Encroachment 0 1 Encroachment 0 1 SUMMARY OF SIGNIFICANT INCIDENTS BY DATE Date I B. Guzman responded to a report of a person down at Rancho. When he arrived a woman was being evaluated by medical personnel. The person was uncooperative, and was subsequently arrested by Santa Clara Sheriff's Office for being under the influence of a controlled substance. They also determined that the woman was homeless. I A wallet was stolen from a car parked in the Monte Bello lot on Page Mill. 5 An empty case of spent fireworks was discovered in the Monte Bello parking lot off Page Mill Road by the patrol ranger opening gates on the morning of July 5. The fireworks apparently had been discharged the night before, after rangers had gone off duty. 7 Rangers received a report of five juveniles drinking alcohol near the water tank at Rancho. When B. Malone and K. Carlson contacted them they found bottles of hard alcohol. All five were cited for after hours. One girl was picked up by her mother. After having a difficult time determining the identity of four of the subjects, Santa Clara County Sheriff s deputies were requested. K. Carlson then observed strange behavior from the juveniles, who later admitted to taking mushrooms. All four were arrested for being under the influence of a controlled substance. 8 R. Parry found a pile of about 100 keys in the middle of the road at a gate on Mt. Umunhum. The keys appear to be to the residential apartments of the old Air Force base. R. Parry noticed that one of the roll-up doors to the old shop building was now partially opened and a window to the shop was broken. 12 J. Smith, A. Correia, and T. Lausten responded to a vegetation fire in Sierra Azul. The fire was contained quickly by Santa Clara County Fire. Arson investigators from Santa Clara County, CDF, and Alcohol, Tobacco and Fire Arms conducted an investigation. The point of origin was approximately 50 feet inside gate SA-01. Fire damaged the portable restroom, valued at $1800 that the District has to replace. There were two separate witnesses who saw a black Jeep Grand Cherokee leaving the area at the same time the fire began. The fire consumed approximately V2 acre. 13 B. Malone cited two juveniles in Windy Hill for after hours and warned them for possession of BB guns. The boys said it was "for protection against mountain lions." 14 At Windy Hill four people were issued citations for after hours. Five different people were cited on the 16 th, and three others were cited on the 28', all for after hours violations. 17 L. Paterson observed a person driving at an estimated 30 mph inside the Skyline Ridge parking lot. The car went into the equestrian lot and spun a 'donut'. He kicked up so much dust and gravel that the lower area of the car was completely covered by a dust/debris cloud. The driver was cited for reckless driving, a misdemeanor violation. 18 A neighbor on Reynolds Road called in to report after hours and paint ball violations at the former North House in Sierra Azul. Several rangers responded, but found no one in the area. The North house had been broken in to and there was evidence of paint ball activity. 18 A person came to J. Smith's residence, stating that there was a bicyclist down on the Cora Older Trail in Fremont Older who was unresponsive and possibly deceased. J. Smith responded and began patient assessment. A medic arrived on scene and took over patient care. He pronounced the victim deceased. The Cora Older Trail was closed and M. Jurich provided traffic control. T. Lausten also responded and worked with the coroner and sheriff's deputies. The man had been riding while his wife was hiking. 22 B. Guzman responded to a vegetation fire on Kennedy Road between Top of the Hill Drive and Fawndale, adjacent to Sierra Azul. CDF and Santa Clara Fire had already put out the blaze. This is the same location as a fire last month. 23 B. Guzman observed a vehicle parked in the driveway at the North house on Reynolds Road. A vehicle search produced beer. Five occupants were cited for being in the preserve after hours and the driver was also cited for having a vehicle in a closed area. 1 h at open for a vehicle in Sierra Azul and the passenger of out saying she 23 B. Malone held the e g p P g g yt g was scared and wanted a ride home. The vehicle plate came back to a Honda. A check of the Vehicle Identification Number(VIN) came back to a Cadillac so B. Malone requested sheriff's deputies. The driver was uncooperative and would not follow instructions. The driver's license was pending. The passenger had a suspended license. The driver swore and called B. Malone numerous names throughout the contact, until the deputy arrived. The driver was released and the passenger was transported by a deputy to San Jose. 23 A tow truck broke down on Hicks Road. A second tow truck was called to assist the first one. The rescue tow truck was towing the first tow truck down Hicks Road when the brakes apparently failed. Both vehicles went off Hicks approximately .7 miles south of Mt. Umunhum Road. The two people in the cab jumped from the tow truck prior to its exiting the roadway. Both people were injured and were transported to Stanford Hospital, one by ground ambulance and one by air ambulance. The vehicles came to rest in a dry streambed after hitting a heritage oak tree. Multiple towing agencies aided in the recovery of both vehicles. The CHP is still investigating the cause of the accident. Both fuel tanks ruptured and one lost its entire fuel load, soaking the ground with an estimated 100 gallons of diesel fuel. A Fish and Game warden was contacted and responded to take a report. Several items were left behind, including a large tire, a battery,part of a toolbox, a hood, and other debris. The towing agency was later contacted for debris clean-up and stated that it will be cleaned up. 24 At Windy Hill a man tried to pet a dog without asking the owner's permission. The dog bit him on the hand. The owner was cooperative and provided the victim with information. She explained that the dog was rescued from an abusive situation and was probably afraid of the man's walking stick. Patrol rangers in the area provided medical assistance. San Mateo County Animal Control was notified and has contacted the dog owner. 25 At Windy Hill a wallet with credit cards and two pairs of binoculars were stolen from one vehicle and a designer purse containing cash, credit cards, house keys and a cell phone was taken from another vehicle. 27 B. Guzman was leading the Santa Clara County Sheriff's Marijuana Eradication Team to an old growing site in Rancho de Guadalupe when they discovered several hundred growing plants, along with black irrigation tubing. The Team is planning an eradication of the plants. 27 B. Guzman was leading the Team to a site in the creek drainage above Canon Road in El Sereno where he had recently discovered a garbage bag containing approximately fifty empty black plastic pots and a new pair of Toppers. They discovered 12 potted marijuana plants and more gardening supplies. The Team is planning an eradication of the plants. 30 A. Correia discovered extensive graffiti in the Jacques Ridge lot. On the restroom it covered two exterior walls, both sides of the door, and the roof. There was also graffiti on the plexiglass of the signboards and two signs in the parking lot. A. Correia and K. Carlson used graffiti remover and paint to cover/remove the vandalism. T. Lausten received a phone call from a man stating he saw two women and four to five men in the lot the previous day. One male from the group was using a marker on the restroom. 30 At El. Corte de Madera a bicycle rider fell on the Methuselah Trail, sustaining a fractured clavicle. CDF, responded.rangers Kings Mountain Volunteer Fire and He was transported by g ambulance to the hospital. July vandalism 3 PG&E lock was cut off at the Ravenswood lot. 4 A Cal Water lock was cut at Rancho and vehicle tracks were found throughout the grasslands inside the preserve near the water tank. 7 The inside of the door and toilet were marked with ink in the restroom at Monte Bello parking lot. 8 A door was partially opened and a window was broken on the shop building at the former base on Mt. Umunhum. 15 In the Russian Ridge parking lot a hand rail and split rail on the fence next to Alpine Pond access trail had been destroyed by a large blunt force,presumably a vehicle. 21 Graffiti was found in Devils Canyon cave in Long Ridge. 24 The front door of a former residence at Long Ridge was pried open, damaging the door frame. 28 Locks were cut on gates SA-08 and SA-33 in Sierra Azul. 30 An extensive amount of graffiti sprayed on the restroom, signs and signboard was discovered at the Jacques Ridge lot in Sierra Azul. i BAYAREA I� UG ,2t , °t ( t 0 ( I I. STEERING COMMITTEE August 22, 2005 STEVE ASSORS East Say Municipal Utility District CRAIG ANDERSON LandPafhs JIM BALL Solano Land Trust Craig Britton, General Manager TINA BATT Muir Heritage Land Trust Midpeninsula Regional Open Space District RALPH BENSON Sonoma Land 330 Distel Circle BOBBERNER ER Altos, Mann GREG A BETTS Agricultural Land Trust Los ltos, CA 94022 GREO City of Palo Alto MARY BIGGS Bodega Land Trust CRAIG BRITTON Dear Mr. Britton, li Midpeninsula Regional Open Space District CRAIG BRONZAN City of Brentwood R O N BROWN I'm writing to express my thanks for your recent renewal as a Save Mount Diablo HARRI La BURGESS $3 500 Sustaining Member to the Bay Area Open Space Council. Your American land Conservancy , , sry ValisyyConservancyON r continued support and involvement have enabled the Council to be a very DAN CATHER City of Walnut Creak effective collaboration of parks and open spaces organizations throughout JANET COBS California Oak Foundation the greater Bay Area. LAURA COHEN Rail to Trails Conservancy PATRICK CONGDON Banta Clara County Open Spade AuthorityWe have a very busy year ahead with a change in leadership and KEN NETH CRAIG Livermore Are Recreation and Park District BOB DOYLE the continuation of many programs and initiatives. We are currently East Bay Regional Park District HARRY ENGLEBRIGHT developing our work plan and budget for the upcoming fiscal year. I hope Tn-City and County Cooperative Planning Group CaliforniaB State RA Hs lFoandafion that you'll keep us informed about issues at the Midpeninsula Regional NADtat HITCHCOCK Open Space District as well as how the Council can support you. California State Coastal Conservancy JOHN HOFFNAGLE Land Trust of Naps County BETH HUNING San Francisco Bay Joint Ventura One of your benefits as a Member is to receive a complimentary LISA KILLDUGH County of Santa Clara copy of the new Bay Area Protected Lands Map. I now have a large stock ELLEN KOLAND Half Moon Bay Open Space Trust of maps ready to distribute. I can mail you a map today but will also bring ANDREA MACKENZIE Sonoma County Ag.Preservation and Open Space District boxes of the maps to upcoming Executive Committee and Steering JEREMY MADSEN Greenbelt Alliance JANET M DE Committee meetings. Please let me know of your preference. You can San Francisco Bay RI Trail Project RON MISKA contact me at(650) 593-3281 or Cecily@openspacecouncil.org. Morin County Open Space District CHRIS POWELL Golden Gets National Recreation Area SKIP RADZIEWICZ If you have any questions or comments in the meantime, please Greater Vail ejo Recreation District SCOTT REESE don't hesitate to contact me. City of San Jose NANCY RICHARDSON Land Trust for Santa Clara County KERRY Jo RICKETTS-FERRIS Sincerely City of Oakland " BETTINA RING Wilderness Land Trust JESSE ROSEMAN Butters Land Trust AuDREY RUST Peninsula Open Space Trust Cecily Harris' PHILIP SALES county of Sonoma Development Director FRED SMITH City of Brisbane MIKE STALLINGS City of Daly City BRIAN STEEN Sempervirens Fund KAREN SWEET Alameda County Resource Conservation District TERRI THOMAS The Presidio TrustRICToconta s aAgricultuural Trust f co County B A Y AREA OPEN SPACE COUNCIL HOLLY VAN HOUTEN Bay Area Ridge Trail Council Cecily Harris,Development Director The NatureyCona rvancy 4 Cronfield Avenue,San Carlos,CA,94070•phone:650-593-3281 •fax:650.593-3290 Trust for p I RT land cecily@openspacecouncil.Org•www.openspacecouncii.org J Regional Open Sp -e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT August 19, 2005 CELEBRATING 30 YEARS OF OPEN SPACE PRESERVATION Mr. John H. Gruver 722 Buena Vista Moss Beach, CA 94038-9717 Re: Purisima Creek Redwoods Open Space Preserve Dear Mr. Gruver: Thank you for taking the time to write your memo of July 21, 2005 and send photos regarding District maintenance work at Purisima Creek Open Space Preserve. The Board of Directors reviewed your correspondence at their regular meeting of August 10, 2005. We share your concern about native plants and animals and normally try to minimize any negative effects of our maintenance work. It was very unfortunate that the leopard lilies were trampled. Staff will inspect this trail and restore any areas which have been damaged,to the best of their ability. Furthermore, staff will re-look at maintenance practices for this area, as well as other similar areas. Our field staff is trained annually on identifying native and non-native plants. When clearing vegetation, they follow specific standards for each type of trail and road to provide visitors safe use of the preserves. While clearing vegetation, they try to avoid small areas of attractive plants, but this is not always possible. Sometimes it is necessary to use heavy equipment, especially on roads vs. trails. Heavy equipment, as you can imagine, is less flexible in avoiding areas, especially if the operator is working on slopes or maintaining a safe distance from trail users. We remove vegetation adjacent to dirt roadways such as Purisima Creek Trail and Grabtown Gulch Trail to maintain access for District patrol and maintenance vehicles. These roads also need to be kept open for fire and medical vehicles to respond to injuries of recreational users or other emergencies. Our single-track trails, on the other hand, are not used for vehicle access and are cleared to a smaller width, usually with hand tools. Throughout our preserves we have surveyed and mapped locations of threatened and endangered species. We have trained our field staff to be cautious when working in those areas. Although the leopard lily is not a threatened or endangered plant, it is enjoyed by preserve visitors, and should be protected. Again, Mr. Gruver, we appreciate you contacting us regarding your concerns. We have shared these concerns with District staff and will continue to work with staff to minimize the impact of any maintenance work on the land. District staff is normally very sensitive about damage to the local environment and they work hard to minimize such damage. 33o Distel Circle 650-6g1-1200 info@openspace.org BOARD OF DIRECTORS:Pete Siemens,Mary Davey,Jed Cyr, GENERAL MANAGER: Los Altos CA 94022-1404 650-691-0485 fax www.openspace.org Deane Little,Nanette Hanko,Larry Hassett,Kenneth C.Nitz L.Craig Britton Mr. John Gruver August 19, 2005 Page Two The District has a program to control non-native invasive plants. In Purisima, we are currently focusing on removal of French broom on Harkins Ridge Trail. An effort is also made to eradicate poison oak on or near trails. If you would be interested in helping with the invasive plant program, check our website (www.openspace.org) for volunteer projects this winter which will continue the process of removing broom plants from high priority areas. If you have any further questions, please feel free to contact our Operations Manager, John Maciel at (650) 691-1200 Sincerely, Larry Hassett Board President cc: Senator Dianne Feinstein Senator Barbara Boxer Senator Jackie Speier Assemblyperson Leland Yee MROSD Board of Directors i � Pamela Naito From: Pamela Naito Sent: Monday, August 22. 2OO53:28PK8 To: Pamela Naito Subject: Windy Hill Open Space Preserve: Trail Connector Dear Windy Hill Trail Users: � Thank you for your interest inthe trails at Windy Hill Open Space Preserve, specifically the Sprin Ridge Trail system. Ae � some of you may know, we have received a number of letters regarding the trail. As a result, the District's Use and � Management Committee met August 11. 2O05to discuss the trail segment connection between Spring Ridge Trail and � Meadow Trail. � The Committee is making a recommendation at the upcoming Board of Directors Meeting that the District re-establish this trail connection. This temporary basis to all trail users unh| such time oothe � � . � Windy Hill Open Space Preserve's overall trail plan is reviewed (in approximately two ) The matter io scheduled for � the regular Board Meeting on August 24, 2005 beginning at 7:30 p.m. and is open to the public. If you would like to review the Agenda and Staff Report for this itom, please be sure to visit the District's Web Site at Sincerely, L Craig Britton General Mana W1idpeninou|a Regional Open Space 0othc( (650)691-1200 fax (G5O)SS1'D485 � � � 1 MICHIGAN STATE UNIVERSITY MSU-DOE-PLANT RESEARCH LABORATORY EAST LANSING MICHIGAN 48824-1312 USA JONATHAN WALTON TELEPHONE(517)353-4885•FAX(517)353-9168 PROFESSOR OF PLANT BIOLOGY E-MAIL: WALTON rCMSU.EDU August 15, 2005 MidPeninsula Regional Open Space Preserve 330 Distel Circle Los Altos, CA 94022-1404 TO WHOM IT MAY CONCERN: Two weeks ago, while visiting a friend who lives in Portola Valley, I had the pleasure of walking on your trails. We met a woman who encouraged us to write on behalf of the 149-foot trail segment connecting Spring Ridge Trail and Meadow Trail. Later on our walk we saw the aforementioned segment. In fact, it is very short and straight; one can easily see one end from the other end. It appears to be a normal stretch of ground with no particular environmental sensitivity. She justifiably pointed out that having the connecting trail allows for more versatile hikes of different lengths and types. Your are very fortunate to have the beautiful Coast Ranges right outside your doors for hiking and recreation. It is extraordinary that you (collectively) have been able to preserve them from development. If you don't want the 149 feet anymore, I would be glad to take have even that little bit of your mountains here in central Michigan. But in the meanwhile, for my next hike, I hope you open up that stretch again. Best regards, r )Jonathan Walton August 17'h,2005 AUb 19 2005 To the Mid-Peninsula Regional Open Space Preserve, This is a request to have you look into re-opening a small stretch of trail in Portola Valley. It concerns the 149' section that at one time joined the lower portion of Spring Ridge Trail with Meadow Trail. There is now a wire fence stretched across the side of each trail, which are in site of each other. Without this barrier one can avoid the swampy area on the"road"trail back to Willowbrook Rd. parking. It makes for an easier, and safer loop come winter. Please consider this request. Thank you, Pat Allen Bert & Pat Allen 4510 Alpine Rd. Portola Valley, CA 94028 650.851.0938 UA, p Regional Open Space g P ---- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT INTER-OFFICE MEMORANDUM To: C. Britton, General Manager From: M. Williams, Real Property Manager Date: August 23, 2005 Subject: Portola Valley Investments("Dennis Martin Road")Property Addition to Thornewood Open Space Preserve The Judgment Quieting Title to Dennis Martin Road was recorded for the subject transaction on August 18, 2005 and title to and possession to Dennis Martin Road consisting of approximately 3.26-acres passed to the District. As part of this transaction, the District obtained six (6)quitclaim deeds from abutting owners to Dennis Martin Road and a quiet title action was completed perfecting District title to Dennis Martin Road on May 10, 2005. DEDICATION&AC UISITION CHART INFORMATION Preserve County Ownership Status: Board Approval Date & & Grantor Acres (Fee,Easement,Lease, & Area A.P.N. Mgmt Agreement) Resolution Number Thornewood San Mateo Portola Investments 3.26 Fee N/A No APN Mgmt.Status:• Dedication Date Closing Date (Open,Closed,CMU, & Type Purchase Price GIS Code or Other) Status(Intended or Withheld) August 18,2005 1 Open N/A N/A Misc.Notes: A commitment was made to the District's Board of Directors to initiate and prepare a Preliminary Use and Management Plan for future access and management of Dennis Martin Road as part of the Thornewood Open Space Preserve involving the Town of Woodside,the neighbors and the public. cc: Board of Directors Administration Operations—See Misc.Notes Accounting Planning—See Misc.Notes Public Affairs 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:650-691-1200 Fax:650-691-0485• E-mail:mrosd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Flanko,Larry Hassett,Kenneth C.Nitz• General Manager:L.Craig Britton Page 1 of 1 Craig Britton From: Garnetta Annable(garnetta_annable@hotmail.com] Sent: Tuesday, August 23, 2005 10:24 PM To: lames@aol.com; lawrence.ames@lmco.com; garnetta.annable@pag.co.santa-clara.ca.us; arust@openspacetrust.org; info@ridgetrail.org; mbeasley@greenbelt.org; brian@greenfoothills.org; Craig Britton; Burnhamdm@aol.com; ecarruth@earthlink.net; Pattyquoiahall@earthlink.net; jan.hintermeister@sbcglobal.net; virholtz@jps.net;johnson@mti.sjsu.edu; Lisa.Killough@prk.sccgov.org; robertlouislevy@yahoo.com; NAQCPAKIT@aol.com; vocinam@yahoo.com; pciesla@stanford.edu; imahorse@stanford.edu; mikeinsj@gmail.com; sbay@ridgetrail.org; pamelajp@sbcglobal.net;joel@robinslaw.com; president@romp.org; fasaba@yahoo.com; weden@ix.netcom.com; greg@westfamilyweb.net Cc: mikeboulland@yahool.com; rockart@ix.netcom.com; johnsj@juno.com;jw321@sbcglobal.net Subject: Board of Supervisors Action 8/23/05 Yes On Parks Committee and Supporters -- Today we moved a step closer to reauthoring the County Park Charter in June 2006. With the leadership of Supervisors Pete McHugh, Chair Finance & Goverment Operations, and Jim Beall, the Board voted unanimous to pass a resolution directing staff to place extension of the Park Charter on the June 2006 ballot. The Board knows that we are seeking full funding of the Charter at $1.425 per $100 assessed value for 12 years. The Board is looking for consensus from the committee regardinging acquisition and development. The Department makes a strong argument for the new Charter to allocate the funds: not less than 15% acquistion up to 5% development September 20th 7:00 pm, United Way Building, The Alameda, San Jose is our next meeting. Please plan to attend. If you cannot attend, please let us hear from you before the hearing with your comments and thoughts on this important component of the Charter. 8/24/2005 Adjacent Resident Temporary Use Permit Policy Policy OP-05-02 Objective Date August 24, 2005 The objective of this administrative policy is to provide Supersedes N/A consistent standards for issuance of Temporary Use Permits to Amendments allow those individuals who live close or adjacent to a closed preserve, or closed area within a preserve, access for compatible low-intensity recreational uses when such access is safe and appropriate, as determined by the District. Definition Adjacent Resident. An Adjacent Resident is a person who lives in close proximity to a specified closed preserve, or closed area within a preserve, and who can (and will agree to) gain access to the area without the need to drive and park a vehicle. Closed Area Limitations on Access Access will only be provided to areas which are deemed safe and appropriate, at the sole discretion of the District. Restrictions may be placed on access for such factors as: protection of cultural, historical or biological resources, fire concerns, safety hazards or where resource management or restoration projects are being conducted. Access may also be limited to protect the rights of adjacent owners or to prevent trespass on to adjacent private property. A permit will not be granted when entry to such an area can only be made by driving and/or parking a vehicle, even if such parking can be done in a legal manner. The General Manager of Midpeninsula Regional Open Space District will issue permits in accordance with the Basic Policy of the Midpeninsula Regional Open Space District as adopted by the Board of Directors. This policy identifies that timing and level of access for low intensity public recreational use of District open space land will be evaluated before the land is opened to public access. Access for hiking is typically unrestricted, other activities such as bicycling, equestrian or dog access will be considered on a case by case basis, as determined by District staff. When access is permitted, it is typically provided as an interim measure to allow for the continuation of temporary use while a Use and Management Plan or Master Plan for the preserve or area is being developed. The provision of such temporary use shall not create a precedent to continue such use upon completion of a final plan. The temporary access permitted through this program will ordinarily be for a term of up to one (1) year; however, it may be revoked at any time at the District's sole discretion, or if the permittee fails to comply with the permit conditions. Permit holders will be required to have a copy of the Permit in their possession while on the particular closed preserve or area. Page 1 of 2 Adjacent Resident Temporary Use Permit Policy Procedures 1. The General Manager will decide which area(s) within a closed preserve are suitable for the issuance of Adjacent Resident Temporary Use Permits. 2. The General Manager will approve the appropriate types of interim uses which may be temporarily permitted for the closed preserve and/or closed areas within a preserve. 3. The Operations, Planning and Real Property Managers will recommend the specific conditions to be placed on the Temporary Use Permits for approval by the General Manager. 4. A map and written description will be produced by the Planning Department showing the areas where access is allowed, and areas where access is not permitted. Where necessary, specific locations for entry may be specified. 5. Appropriate Temporary Use Permit conditions for access to an area will be developed and will be incorporated into the standard permit form. The conditions may be general, , and in addition may contain specific conditions suitable for a given closed preserve or closed area (see attached sample of the Temporary Use Permit). 6. Residents who live close or immediate) adjacent to the reserve will be notified in Y J P writing by the Operations Department of the opportunity to apply for a Adjacent Resident Temporary Use Permit. Information about the access opportunities and limitations will be included. 7. The Operations Administrative Assistant will issue the Adjacent Resident Temporary Use Permits as appropriate. Approv-a --a____.-_.. L. Craig Britton, General Manager Date: Page 2 of 2 O:\Permits\Adjacent Resident Permit Policy\Adjacent Resident Temporary Use Permit Policy rNIDPENINSULA REGIONAL OPEN SPACE DISTRICT PRESERVE NAME OPEN SPACE PRESERVE ADJACENT RESIDENT TEMPORARY USE PERMIT -'DAD Name: Number of People: Organization: Address: Comments: City: State: Zip: ADJACENT RESIDENT Day Phone: Home #: TEMPORARY USE PERMIT Fax#: Email: $f ' 'tNF 'lltl 37C►J1l Property as shown on the map (on reverse) is open to adjacent residents by permit. Property shown as closed on the map remains closed by order of the Board of Directors pending the completion of a Use and Management Plan or Master Plan. SPECtAE 'C NI l 70'N�-MU$T R��4 No bicycles or dogs are permitted. Stay on the trails or roadways. No cross-country travel is permitted. See map on reverse for current information on preserve access. Avoid all closed areas as shown on the attached map. This Permit is for walk-in access that does not require parking (even at locations where it is legal to park). Access to the Preserve is prohibited between 112 hour after sunset and sunrise. Compliance with all District Ordinances is required. Violation of District Ordinances may result in revocation of this Permit in addition to other possible consequences of the violation, such as a citation. The Permit grants permissive use only and does not create a permanent or prescriptive right to continue use or access to the preserve or area. PLEASE RESPECT ALL PRIVATE PROPERTY. Additional conditions specific to this area and/or preserve to be listed here (including information about equestrian or dog access)......... DIRECTt(JNS preserve or area map will be attached. PLEASE CARRY PERMIT WITH YOU Permit conditions accepted by: Date: Approved by: Date: Expiration Date Date: Rev.August 24,2005 O:\Permits\Adjacent Resident Permit Policy\Generic DRAFT Adjacent Resident Use Permit Form 8-24-2005.doc