HomeMy Public PortalAbout20080326 - Agenda Packet - Board of Directors (BOD) - 08-09Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 08-09
SPECIAL AND REGULAR MEETINGS
BOARD OF DIRECTORS
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
6:00 p.m.
Wednesday, March 26, 2008
330 Distel Circle
Los Altos, California
Please Note: 6:00 p.m. Special Meeting Closed Session Start Time
7:30 p.m. Regular Meeting Start Time
A G E N D A*
The Special Meeting Closed Session will begin at 6:00 p.m. At 7:30 p.m., the Board will convene the
Regular Meeting, and, at the conclusion of the Regular Meeting, the Board may reconvene the Special
Meeting Closed Session.
6:00 ROLL CALL
SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT - CLOSED SESSION
1 Conference with Real Property Negotiator - California Government Code § 54956.8
Real Property - 22451 Prospect Rd, Saratoga, CA (Santa Clara County APN 366-07-013)
Agency Negotiator - Mike Williams, Real Property Manager
Negotiating Party - Duff Devine
Under Negotiation - Price and terms of real property negotiation
2 Conference with Legal Counsel – Anticipated Litigation – California Government Code
§54956.9(b) – One Case
7:30 REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT
ROLL CALL
REPORT ON RETURN FROM CLOSED SESSION (The Board shall publicly state any
reportable action taken in Closed Session pursuant to Government Code Section 54957.1(a)).
**
ORAL COMMUNICATIONS – Public
SPECIAL ORDER OF THE DAY
Resolution of the MROSD Board of Directors Honoring General Manager Craig Britton’s
Retirement – P. Siemens
Meeting 08-09 Page 2
**
***
***
ADOPTION OF AGENDA
ADOPTION OF CONSENT CALENDAR – P. Siemens
APPROVAL OF MINUTES
• JANUARY 30, 2008
• FEBRUARY 13, 2008
WRITTEN COMMUNICATIONS
BOARD BUSINESS
7:40* 1 Final Approval of Amendment to the Use and Management Plan for El Sereno Open Space
Preserve to Establish a Permit-Only Parking Area and Designate Recreational Uses on Overlook
Trail and determine Amendment is Categorically Exempt from CEQA – A. Christenson
8:25* 2 Adoption of the Action Plan for the Implementation of the District’s Basic Policy for Fiscal Year
2008-2009 – C. Britton
8:40* 3a
3b
Approval of the Fiscal Year 2008-2009 Budget Recommendations of the Administration and
Budget Committee – Administration and Budget Committee
Adoption of the Budget for Fiscal Year 2008-2009 including a Three-Point Salary Increase for
All General Manager Appointed Employees – G. Sam
8:55* 4
Proposed Lease and Management Agreement with Peninsula Open Space Trust for the One-Half
Interest in the Peninsula Open Space Trust (Behroozi) Property Located Adjacent to the
Kennedy-Limekiln Area of Sierra Azul Open Space Preserve, and determine Project is
Categorically Exempt from CEQA – M. Williams
9:05* 5
Approval of Cost-of-Living Salary Adjustment and Meritorious Pay Award for District General
Counsel and Approval of District General Counsel’s Employment Agreement – Board Appointee
Evaluation Committee
9:10* 6 Approval of General Manager’s Meritorious Pay Award – Board Appointee Evaluation
Committee
9:15* 7 Choose Typography and Color Scheme for the New District Logo – Legislative, Finance and
Public Affairs Committee
*** 8 Approve Agreement to Participate in the CalPERS California Employer’s Retiree Benefit Trust
Fund (CERBT) Program to Pre-fund Other Postemployment Benefits for GASB 45 – G. Sam
*** 9
Assign the Ad Hoc Board Appointee Evaluation Committee to Recommend a Process to Develop
Goals and Objectives for Board Appointees as Part of the Performance Evaluation Process – G.
Sam
*** 10 Approve Issuing a Permit to Enter and Construct to the County of Santa Clara for a Bridge
Replacement Project on Stevens Canyon Road at Saratoga Gap Open Space Preserve – M.
Reeves
*** 11 Approval of Annual Claims List for Fiscal Year 2008-2009
Meeting 08-09 Page 3
*** REVISED CLAIMS
INFORMATIONAL REPORTS – Reports on compensable meetings attended. Brief Reports or
announcements concerning activities of District Directors and Staff; opportunity to refer public or Board
questions to staff for factual information; request staff to report back to the Board on matter at a future
meeting; or direct staff to place a matter on a future agenda.
SPECIAL MEETING CLOSED SESSION continued (if necessary)
REPORT ON RETURN FROM CLOSED SESSION (The Board shall publicly state any
reportable action taken in Closed Session pursuant to Government Code Section 54957.1(a)).
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.
CERTIFICATION OF POSTING OF AGENDA
I, Gregory L. Sam, District Clerk for the Midpeninsula Regional Open Space District (MROSD), declare that the foregoing agenda for the
March 26, 2008 Special and Regular Meetings of the MROSD Board of Directors was posted and available for review on March 21, 2008
at the Administrative Offices of MROSD, 330 Distel Circle, Los Altos California, 94022. The agenda is also available on the District’s
web site at http://www.openspace.org.
Signed this 21st day of March 2008 at Los Altos, California.
District Clerk Date: 03/21/08
RESOLUTION NO. 08-14
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
HONORING GENERAL MANAGER CRAIG BRITTON
ON THE OCCASION OF HIS RETIRMENT
_______________________________________________________________________________________
WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District recognizes the key element of its
mission, its objective, its purpose, and indeed its very reason for being, is the acquisition and permanent preservation of open
space land, and the Board has continually worked to acquire such land through any and all legal means available; and
WHEREAS, in 1977, in a decision that reportedly raised eyebrows from Sierra Azul to Pulgas Ridge and from Ravenswood to
Long Ridge, the Board hired Mr. L. Craig Britton as Land Acquisition Manager and, after rising through the many, many ranks
between land acquisition manager and general manager, Mr. Britton was named to the top spot at the District in 1994 after a
mere 17 years of tutelage; and
WHEREAS, after what some describe as a contentious, notorious, sometimes litigious, yet ultimately, and surprisingly,
successful career in open space preservation, Mr. Britton is retiring as General Manager of the Midpeninsula Regional Open
Space District, thus drawing the curtains on his career in environmental protection; and
WHEREAS, Mr. Britton’s charge was simply to work toward purchasing and permanently protecting a regional open space
greenbelt on the San Francisco Peninsula, to preserve and protect the natural lands, unspoiled wilderness, watersheds,
viewsheds, fragile ecosystems, and wildlife habitats within existing District lands; to balance the increasingly heavy and varied
public uses on the trails; to assure continued District funding; and to inform and educate the public about the District’s
activities, operations, and objectives; and
WHEREAS, during his 30-year tenure with the District, Mr. Britton has guided the District through a remarkable growth:
from approximately 3,900 acres to nearly 60,000 acres; from eight open space preserves to 26; and from 13 employees to 90;
and, against all odds, accomplishing the expansion of the District’s conservation area to include a substantial portion of the
San Mateo County coastside; and
WHEREAS, among the key issues that Mr. Britton leaves for his successor are: the continuing golf ball saga at Fremont Older
with the Saratoga Country Club, Mt. Umunhum cleanup, toxic runoff from Site 25 at Moffett Field, a variety of attractive
nuisances, a paradigm shift to “grazing: good; invasive plants: bad,” along with the incredible opportunity to preserve coastside
land; and
WHEREAS, the hallways of the District will sadly not include the afternoon aroma of freshly popped popcorn emanating
from Craig’s office around 3 p.m., staff will not have to huddle to decipher Craig’s notes on various memos, frogs, alas, will
no longer bound from the general manager’s office, shrimp will not have to be the food of choice for working lunches,
Monday all staff meetings will be quiet and subdued, new employees will gladly not be mandated to sample Hobee’s cuisine;
and
WHEREAS, through all the trials and tribulations the District has endured in its efforts to preserve land, in his 30 years with the
District, Mr. Britton has never lost sight of the organization’s goals and objectives, has built a dedicated and tireless staff who
shares his vision, has sustained consistent political support at the local, state, and federal levels, has created lasting and
productive partnerships with other agencies and non-profit organizations, which have greatly enhanced the District’s
effectiveness, and has defended and protected the District itself from unwarranted criticism, disparagement, and attack.
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District, on
behalf of its staff and its constituents, does hereby commend, applaud, and give its highest honors to Mr. L. Craig Britton for his
exemplary and unflagging work for open space, for his unwavering dedication and commitment to the ideals of the District, for
his foresight, acumen, and creativity in helping build the District into one of the premier and most successful open space
districts in the country, and for his continuing work in permanently preserving and protecting an open space legacy for future
generations; the Board further offers Mr. Britton its best wishes in his retirement and in whatever endeavors and trails he
chooses to follow, or blaze, in the future.
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT BOARD OF DIRECTORS
____________________________________ ______________________________________
Pete Siemens, Board President Mary Davey
____________________________________ ______________________________________
Jed Cyr Curt Riffle
____________________________________ ______________________________________
Nonette Hanko Larry Hassett
____________________________________ Adopted by the Board of Directors on March 26, 2008
Ken Nitz
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 08-02
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
January 30, 2008
MINUTES
SPECIAL MEETING
I. ROLL CALL
President P. Siemens called the Special Meeting to order at 5:40 p.m.
Members Present: Jed Cyr, Nonette Hanko, Mary Davey, Ken Nitz, Larry Hassett and
Pete Siemens arrived at 5:45 p.m.
Members Absent: Curt Riffle
Staff Present: Craig Britton, Sue Schectman and Bobbi Peckham
II. CLOSED SESSION
P. Siemens publicly stated that there were no reportable items from the Closed Session
regarding Item 1.
REGULAR MEETING
III. P. Siemens called the Regular Meeting to order at 7:34 p.m., and asked for the Roll Call.
Members Present: Jed Cyr, Nonette Hanko, Mary Davey, Ken Nitz, Curt Riffle
(arrived at 7:50pm), Larry Hassett and Pete Siemens
Members Absent: None
Additional Staff Present: Camille Tavlian, M. Freeman, Michael Williams, Lisa
Infante, Kristi Britt, Gordon Baillie, David Sanguinetti, Rudy Jurgensen and Duncan
Simmons.
IV. ORAL COMMUNICATIONS – There were none.
Meeting 08-02
V. ADOPTION OF AGENDA
Motion: J. Cyr moved that the Board adopt the Agenda. K. Nitz seconded the
motion. The motion passed 6 to 0.
VI. NEW STAFF INTRODUCTION
M. Freeman introduced Gretchen Laustsen as the newest member of the Planning
Department. He gave some background information about her. She is currently working
on the GIS database that documents the District’s water rights within the San Gregorio
watershed. Gretchen Laustsen said she was happy to be at the District and that she was
looking forward to working with everyone. The Board welcomed her.
VII. ADOPTION OF CONSENT CALENDAR
K. Nitz removed Agenda Item 6 and the Revised Claims from the Consent Calendar. K.
Nitz asked about claim numbers 8280, 8300, 8310, and 8311. Staff answered his
questions or said they would reply via e-mail with answers.
N. Hanko said she would be voluntarily recusing herself from Revised Claim numbers
8276, 8326-R, and 8343-R. M. Davey said she would be recusing herself from Revised
Claim numbers 8276 and 8326-R.
C. Britton reviewed some edited changes to letters in the Written Communications
packet.
Motion: J. Cyr moved that the Board adopt the Consent Calendar, including
Written Communications; Agenda Item 7 Appointment of District
Representatives to the Governing Board of the Midpeninsula Regional
Open Space District Financing Authority; Approve the President’s
appointments of Directors Hassett and Riffle to Serve on the Governing
Board of the Midpeninsula Regional Open Space District Financing
Authority Along with the By-Laws Dictated by Board President and
Treasurer Assignments; Agenda Item 8 Approve Appointment of
Director Siemens as the District’s Representative to the California Joint
Powers Insurance Authority (CALJPIA) Board of Directors and
Appointment of Two Alternates: General Manager, L. Craig Britton, and
Administration/ Human Resources Manager Gregory L. Sam; Agenda
Item 9 Concur with Staff to Expend Up to $7,000 for an Event Honoring
the General Manager’s Retirement and Celebrating the District’s Success
Over the Last 35 Years; and Revised Claims 08-02. L. Hassett seconded
the motion. The motion passed 6 to 0 on Agenda Items 7, 8 and 9. The
Revised Claims 08-02 passed 4 to 0 on Revised Claim numbers 8276 and
8326-R with two recusals from M. Davey and N. Hanko; passed 5 to 0 on
Revised Claim number 8343-R with one recusal by N. Hanko, and the
remaining Revised Claims passed 6 to 0.
Page 2
Meeting 08-02
VIII. BOARD BUSINESS
A. Agenda Item No. 1 – Approval for Removal of Five Eucalyptus Trees at Pulgas
Ridge Open Space Preserve; Authorize the General Manager to Direct Staff to
Remove Specified Eucalyptus Trees at Pulgas Ridge Open Space Preserve;
Determine that the Recommended Actions are Categorically Exempt from the
California Environmental Quality Act (CEQA) Based on the Findings Contained
in this Report - (Report R-07-131)
L. Infante presented the staff report. She reviewed the plan to remove five
Eucalyptus trees from Pulgas Ridge Open Space Preserve. She said that this is a
long-term restoration project that began with the purchase of the land in 1985.
She showed aerial photos of the property. She showed the past removal of acacia
trees. She said that weed suppression at this site is a huge task as the soil is
highly disturbed and contaminated and degraded. Natural regeneration helps in
this process.
L. Infante said that the current phase is more intensive and it includes the removal
of the heritage eucalyptus trees, which mean that they are all greater than 12” in
diameter by San Mateo County Code. In order to get permits to remove these
trees, staff developed intensive long-term restoration plans. She showed the
current restoration sites. She showed the area where six trees were previously
removed in 2006.
L. Infante reviewed why staff is requesting approval to remove these trees that do
provide habitat for native wildlife in the area. She said there were several
reasons, including the high level of invasiveness of eucalyptus trees, they have an
affect on the under story flora, and there are effects that are not so easy to see,
such as eucalyptus litter changed the eco-system function and soil composition.
She said that eucalyptus trees are highly flammable and are a fire hazard. She
added that eucalyptus trees are used by birds for nesting and that in a study, about
40 species of birds use eucalyptus trees to nest. The types of birds are considered
“generalists” and are typically associated with urban habitats.
She showed a slide of how quickly eucalyptus trees spread. She pointed out that
the eucalyptus trees on Pulgas Ridge have not spread and she said that was due to
continuous efforts by staff and volunteers to cut down small seedlings.
K. Nitz said that he disagreed and said that eucalyptus trees did spread at Pulgas
Ridge by going down the hill. He said that was one of the main reasons they had
started this process.
K. Nitz asked about bringing the property back to a natural condition, but he
noted that when the pine trees were removed the thistles grew and the thistles
were left untreated and are now spreading. L. Infante said that staff had recently
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Meeting 08-02
been to Pulgas to remove the thistle and she said her bigger concern is the spread
of the stink-wart.
P. Siemens asked for clarification of which trees would be removed under the
permit. L. Infante indicated the trees on a slide.
L. Hassett asked if the eucalyptus trees hiding the water tank are supposed to be
removed. K. Nitz said they are supposed to be removed. L. Infante said it was
not in their plan right now. The trees in that area will not be removed until the
water tank is removed.
N. Hanko said she was not prepared to support this plan. She said she was
concerned about the pine bark beetle, if it was found to be there. She said she is
still not satisfied for what is being planned for the eucalyptus. These are big trees
that have been there a long time, and they provide shade for people and animals.
She would rather staff put its time into the infestation problems.
C. Britton said that this is a complete program of slow removal of eucalyptus
trees, which the Board has approved. The plan includes introducing native
species to the preserve. He said that they are in year two of a three-year permit.
K. Nitz added that he is impressed with the restoration process. He said a lot of
plants that have been planted are doing really well.
P. Siemens asked how well the oak trees are doing on the preserve. L. Infante
said they are doing quite well.
Motion: M. Davey moved approval for the removal of five Eucalyptus trees
at Pulgas Ridge Open Space Preserve; Authorize the General
Manager to direct staff to remove specified Eucalyptus trees at
Pulgas Ridge Open Space Preserve; Determine that the
recommended actions are categorically exempt from the California
Environmental Quality Act (CEQA) based on the findings
contained in this report. J. Cyr seconded the motion.
Vote: The motion passed 5 to 1 with an abstention from C. Riffle. N.
Hanko voted against the motion.
B. Agenda Item No. 2 – Approval of New District Logo; Concur with the
Legislative, Funding and Public Affairs Committee’s (LFPAC) Recommendation
and Accept this Design as the New District Logo; Accept LFPAC’s
Recommendation for the Committee to Review and Select Typography, Color and
the District Patch - (Report R-08-03)
K. Britt presented the staff report. She gave some background information on the
new District logo project. There were three phases to the project. Phase one was
Page 4
Meeting 08-02
the research, conceptualizing and drafting of the design; phase two included
refining the design and adding typography; and phase three was adding color to
the black and white logo. She said that they are currently in phase two, the
refinement stage. She said there had been several meetings since the contract was
approved in October 2007. Mortenson Design presented nine original draft logos
for the LFPAC committee to consider. At that meeting the Committee narrowed
the options down to the top three designs and requested some modifications to the
chosen designs. Mortenson Design returned to the Committee with the top three
designs with a total of eight variations. There were three staff meetings to present
the three concepts and eight versions to get their input and feedback on the
designs. The LFPAC Committee reviewed the staff’s comments. Mortenson
Design presented two additional modifications and these were also provided to
staff to get any additional feedback from them.
K. Britt said that tonight staff would present the top three designs with a total of
ten variations for the Board to comment and consider. She handed out
information showing the proposed designs. She said that Gordon Mortenson of
Mortenson Design was at the meeting and that he will discuss the designs and
their development.
Mr. Mortenson described the three designs. He said that there were three basic
different points of view in creating the designs. The first idea was the original
idea presented, a snap shot of the open space – rolling hills, vegetation, animal
life. He received comments that water was not represented and so he looked at a
way to add water. He showed the different variations of the first design. He said
that on another variation, they designed an abstract way to show water. Another
version combined two water ideas.
N. Hanko, chairman of the LFPAC Committee, said that the Committee did its
very best to present as many ideas so that the whole Board could decide on the
logo. She said the logo is a very personal thing. She said that the Committee
decided they wanted staff input. She said that the Committee did not take a vote
on which logo it preferred because they felt it was important to get all of the ideas
out to the full Board. The Committee did receive a report from staff and that the
most popular logo from the group was Variation 4.
C. Riffle thanked Mr. Mortenson and the Committee. He asked what the
objectives are of trying to either correct or enhance the logo. K. Britt said that
one of the objectives was to design a logo that is more modern than what the
District has currently. She said that the District has two identities; the logo on the
letterhead, and the logo on the field staff uniforms and Board podium and
vehicles. She said that from a practical viewpoint, the District does not have a
unified identity. K. Britt said that this process will unify the District’s identity
and also show something more modern, and easier to apply.
Page 5
Meeting 08-02
C. Riffle asked what they really want the logo to say. Mr. Mortenson replied that
he thought they would want the logo to show the open space environment and he
said that was the goal in every version of the proposed logos. C. Britton added
that the proposed version works well in color or black and white, and the design is
modern and has flare. He said that water became an important element because of
the annexation to the coast.
C. Riffle asked if the logo that they choose will be the only logo used on the
District letterhead, the website, trucks, patches, etc. K. Britt said that was correct.
P. Siemens asked if it would be a patch also and she said it would be. She said
that once the logo is approved, the next action item would be the development of
the patch design. There was some discussion of how a patch could look with
lettering, but K. Britt stated that this would be a future action item for the staff
and Board to review once a logo is decided upon.
M. Davey said that it is difficult to choose a logo without seeing the lettering.
Mr. Mortenson said he understood; however, he explained that the reason they
work on the logo first, is that it should represent the idea of open space as a
symbol, without any wording. He said that the typography may change the way
the logo looks, however, they have not had any problems in the past where
typography upset the look of the logo.
L. Hassett said that Mr. Mortenson has worked very closely with the Committee
and has been very helpful in explaining the process should work. He said the
committee said that the wording would work with all of the top five logo versions.
He agreed that the logo must work on its own.
C. Riffle said that M. Davey brings up a good point, but that he agreed with L.
Hassett, that he was satisfied with working on the logo just as it is. C. Riffle
asked if they considered agriculture, because agriculture is becoming something
the District is doing. K. Britt said that it was part of the response in the
questionnaire. Mr. Mortenson said they did consider adding agriculture, but a
decision must be made about what to leave in and what to leave out. He said that
they can only include so much.
P. Siemens asked why an oak tree was shown and not a redwood tree. He said
that the redwood is unique to this area. K. Nitz said he wondered about that too.
He said he liked version four. His second question was if they had considered
making the logo round instead of square. Mr. Mortenson said they had
considered making the logo round and that in some instances it could be changed
to a round symbol.
Mr. Mortenson said that one reason an oak tree was used rather than a redwood
tree had to do with composition. Redwoods are more vertically oriented trees,
and they wanted something that conformed with the shape of the hills and did not
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Meeting 08-02
compete. K. Nitz asked if they tried using a redwood tree and Mr. Mortenson said
that they did try experimenting with symbols of trees that were more vertical.
C. Riffle asked if the signage at the preserves would have this logo on them. K.
Britt said they would eventually. She said she is working on a list of items that
contain the District logo and the associated costs. There would be phased
approach in implementing the new logo.
L. Hassett said that field staff clearly preferred version four. He asked what the
feedback was on K. Nitz’s idea, logo one version six. K. Britt said five and six
received comments about the tree and why they were not using a specific species.
She said that version four of logo one was the dominantly preferred version.
J. Cyr commented that the committee wrestled with the logo. He said he trusts
Mr. Mortenson and his guidance. He said that the version four works at many
different levels.
Motion: J. Cyr moved that the Board approve a new District logo; Concur
with the Legislative, Funding and Public Affairs Committee’s
(LFPAC) recommendation and accept this design as the new
District logo; Accept LFPAC’s recommendation for the
Committee to review and select typography, color and the District
patch. C. Riffle seconded the motion.
Discussion: C. Britton thanked K. Britt for her work on the project.
N. Hanko said that it was important for the staff to have a chance
to review the logo ideas and give their feedback. She said she was
satisfied that the committee had done its job.
L. Hassett said that he also supports this version and that it was
very important to have staff’s input on the design. He said it is a
strong design and not easily dated, and described the elements of
the logo he likes.
K. Nitz said that he was worried about the swoosh and that the
design was too cartoon-ish. He said he was okay with the design,
but that he would abstain from the vote because there was no
typography.
M. Davey asked if they would use an acronym in the typography,
similar to POST, would they use MROSD. Mr. Mortenson said
that acronym’s are difficult to use and for people to remember
what they mean.
Vote: The motion passed 6 to 0 with K. Nitz abstaining from the vote.
Page 7
Meeting 08-02
C. Agenda Item No. 3 – Proposed Preliminary Action Plan for the Implementation
of the District’s Basic Policy for Fiscal Year 2008-2009; Review the Proposed
Preliminary Action Plan for Fiscal Year 2008-2009 and Discuss Possible
Modifications for Review by the Administration and Budget Committee as a Part
of the Budget Development Process - (Report R-08-19)
C. Britton introduced the report. He said that this report sets the stage for the budget.
He asked each manager to give a short synopsis of their program and then the Board
can ask questions.
D.
I. Real Property Department
A. Land Purchase, Funding and Negotiation
B. Property Management
C. Land Protection
M. Williams highlighted the proposed purchase of the POST/Mindego Ranch
property, a significant addition to Russian Ridge. He said there would be a
Coastal Conservancy Grant for that purchase (under grant projects).
C. Riffle asked about staff resources and that M. Williams was not asking for new
additional staff. M. Williams said that was correct, but that there was a current
vacancy. C. Britton added that from a budgetary standpoint it will be a difficult
year for positions because the tax revenue will be falling and they are waiting to
hear from Sacramento about invoking their 8% take-away. He said that they have
not looked at the total cost of all of the positions as they fall under the 7%
guideline.
C. Riffle asked about the general department emphasis. He asked if grant
requests is a key component for the Real Property program. C. Britton said that
grants are an aggressive part of the program. M. Williams said that they are
always looking for grant funding.
K. Nitz said he was glad to see the lease for the stable on the Bear Creek
Redwood Master Plan.
M. Williams said that his department will continue working with Planning and
Operations for purchased properties that may have possible grazing uses.
C. Riffle asked if M. Williams should have something written in his action plan
about getting the new General Manager up to speed. M. Williams asked if the
Board would like him to include some language about that, and they said they
would like to see it under “Land Purchase”.
Page 8
Meeting 08-02
K. Nitz asked about page 8, number 7 (under Land Protection), asked about why
it referred to resource management agencies, and said it could just state “other
agencies” and not limit it to resource management agencies. M. Williams said
that was fine. K. Nitz asked why they would need to create an ordinance to
present to the Board. S. Schectman replied that an ordinance would be developed
specifically for this.
N. Hanko commented further on number 7, the ordinance to be adopted. She said
that they should consider having a document (brochure) available to the public
explaining the ordinance and making it clear what the public should expect from
the District and what the District expects from the public.
C. Riffle asked about page 8, evaluating purchasing land and the cost and asked if
they should look at it financially. M. Williams said they do look at that,
especially with new properties, the cost of clean-up issues. C. Britton said this is
reflected under the Operations program.
L. Hassett asked if there is adequate timing to do analysis of the purchase of
property and the costs associated required. C. Britton gave an example and said
that the best they can do is make a guess sometimes about the costs. M. Williams
said that their practice is to bring in Planning and Operations when considering
purchasing a property to get their impressions for costs. C. Britton gave the
upcoming agenda item about the Beatty property as an example of looking at the
different aspects of purchasing a property.
K. Nitz asked if they could make the District “greener”. He said he would like
everyone to start thinking in that direction. C. Britton said he thought this would
fall under Administration and somewhat under Operations, especially D. Topley’s
interest in this area.
II. Planning Department
A. Advance Planning and Geographic Information Systems
B. Resource and Stewardship Planning
C. Public Access Improvements and Staff Facilities
M. Freeman asked the Board to follow along with the green sheet hand out that
showed the Planning Department’s notes. He said he was requesting a new
position for a Senior Resources Planner to reflect the growing demand for
resource purposes. He said that the request for this new position reflects the
many programs underway and growing, including conservation grazing, efforts to
protect water quality, and CEQA compliance. This position will also increase the
supervisory capacity within the Planning Department. He said he was working
closely with D. Sanguinetti in mirroring their departments so that they will work
more efficiently with each other in the growing resource management programs.
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Meeting 08-02
M. Freeman reviewed the emphasis of the Coastal Protection program. He said
the new GIS coordinator will allow the opportunity for data collection and
analysis and mapping in-house. He said that they are anticipating completing
both of the Master Plans under their Long-Range planning. Grant funding has
been applied for the Almaden site project. They will be looking at a
comprehensive use and management plan for Russian Ridge to incorporate the
Rapley and Mindego ranches in the process.
M. Freeman said that the emphasis for their GIS program would be to consolidate
their data and educating the staff on what they have and how to use it to apply
toward projects. He said a new project is to introduce the public to the GIS data
through the website. He said this is a key project in Public Affairs too. He said
they will also be working with Operations to assess the feasibility of developing a
land management database. He pointed out page 4 regarding completing the
upper section repairs at Alpine Road and then managing it as a regional trail. He
said that San Mateo County is very interested in this project.
He reviewed their plan for Resource and Stewardship Planning and the projects
that fall under this section.
M. Freeman reviewed the public access projects, and gave an update on trails. He
said there are two new projects under this section, if they receive grant funding.
M. Freeman said that staff has interviewed architects and they hope to bring a
contract for the upgrades to the Administration and Skyline Field offices. The
architect is laying out a plan with alternatives, so he will be working with the
Budget committee to tell staff how much they can spend to make the buildings
“green”. P. Siemens asked if there are grants available. M. Freeman said that
PG&E has funded projects.
N. Hanko said that the Planning program was presented very well and she hoped
they would be able to accomplish the projects described.
L. Hassett referred to the focus of going green and said the focus is the cost, but
he said he thought staff should bring in information about the long-term savings
by going green. He said he is hoping the MOU with San Mateo County will be in
place. M. Freeman said he worked on this to keep the District in front of San
Mateo County staff.
C. Riffle asked about page 2 under Key Projects, Sierra Azul, he asked about the
Alma College site and if they were planning on tearing the buildings down. M.
Freeman said the intent is to determine the cost benefit of keeping the buildings
and listing them on the historic registry, but that some buildings were too
damaged to keep in place. C. Britton gave some additional edits for this section.
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Meeting 08-02
K. Nitz referred to page 2, and asked if M. Freeman would add anything about
helping Real Property with getting the lease at Bear Creek. M. Freeman said they
could add that. K. Nitz asked about page 3, number 3 he asked why the slender
false broom eradication was taken out. M. Freeman said that the eradication of
slender false broom is an ongoing activity that Operations is responsible for.
K. Nitz asked if Skyline was included in the comprehensive use and management
plan for Russian Ridge. M. Freeman said that Skyline was not included because
he wanted to narrow the focus of the project.
K. Nitz asked if the improvements at Windy Hill would be completed. M.
Freeman said that this is a “b” priority, but it is being worked on. K. Nitz said
that they should be working at preserves where the public goes.
K. Nitz asked if staff would be looking at ponds other than those at Driscoll
Ranch. M. Freeman said that consultants are hired and working on the Driscoll
ponds and at Schilling Lake. C. Britton said that the cattails at Alpine Pond are
being worked on separately.
P. Siemens asked about page 2, the update of the District wide Master Plan and
Regional Open Space Study, if there was a way to consolidate these. M. Freeman
said they could combine them. P. Siemens asked about page 5, the off-site study
review, if they are still following the Moffett Trail. M. Freeman said they were
reviewing that as part of the Bay Trail. C. Britton clarified the question for P.
Siemens.
P. Siemens referred to page 9 and asked about allowing bicycles in the area. He
asked if this would be a problem. M. Freeman said it could be similar to the
problem at El Corte de Madera if it is not addressed.
III. Operations Department
A. Field Operations – D. Sanguinetti
B. Resource Management – C. Roessler
D. Sanguinetti handed out additional information. He said it is the Operations
Department commitment to continue to provide the most responsible stewardship
to the District lands. He said there were additional staff proposals, including a
new ranger position for the Foothills area, an Open Space Technician to the
Skyline area, a Resource Specialist with a partial focus on grazing, and elevating
the Resource Management Specialist position to Senior Resource Management
Specialist, which would raise the level from a Planner II level to a senior level.
He said the key projects are to move field staff assistance on resource
management projects to miscellaneous on-going projects. He said this will
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Meeting 08-02
emphasize the importance of resource management. It is an on-going, regular
component.
He said they want to develop, budget and implement a pilot seasonal ranger
program. This is a good time to implement this program, as there are a number of
ranger positions open at the District currently. This will provide an opportunity
to observe a ranger to see if they fit in with the District. There has been a great
deal of success with the seasonal Open Space Technician program.
D. Sanguinetti referred to the handout that they plan to implement the Santa Clara
County Sheriff’s contract, once it has been approved. They will also look into
improving response times with San Mateo County Sheriff’s office. He said that
this is an addition to their program.
K. Nitz referred to item 2, the radio system, and noted that it is now a three to five
year and that a year and half has gone by. C. Britton said it was always a three to
five year program, and that they hoped to have it completed in three, but told the
Board it might take longer. D. Sanguinetti said they are in year two and hope to
complete in year three. K. Nitz suggested inserting the starting year and proposed
ending year so that the time frame is specific.
K. Nitz suggested adding the word, “draft” in front of the words “Maintenance
Operations Manual” because it is not completed yet. C. Britton suggested the
wording to be, “Newly Completed Draft of the Maintenance Operations Manual”,
and K. Nitz said that would be fine as long as the word “draft” was included.
K. Nitz referred to page 5, number C, regarding working with the database
consultant on improving reporting abilities of current citations. D. Sanguinetti
said they are still looking on how to utilize gathering the information. They are
moving into the beta-testing program. They eventually want to have a database
where they can get the information quickly.
K. Nitz asked how many total new positions were being requested for the
upcoming year. D. Sanguinetti said they are asking for three new positions and
the elevating of one position.
N. Hanko said that this is the only time of the year to review the proposed Action
Plan. She said that she has said before that this item should be a single item for
discussion at a Board meeting, so that the Board can give their whole attention to
each of the department’s proposals. She said that she will make a motion that the
Board holds a Special Meeting for a single agenda item for the presentation of the
Preliminary Action Plan each year. K. Nitz agreed, as did L. Hassett. J. Cyr said
he supported the motion. S. Schectman gave some guidance on how to insert
language into the Administration’s section that this report is done annually at a
Special Meeting.
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Meeting 08-02
D. Sanguinetti asked if the Board had any questions about the Resource
Management section.
C. Riffle suggested adding language about reaching out to neighbors and visitors
to educate them about what the District is doing. He said that so much work is
being done under resource management that it would be good for people to know
what is going on. P. Siemens said that this language could fall under the Public
Affairs program. R. Jurgensen said that this is covered in his program too.
C. Riffle referred to page 9, 3-C, and asked about developing the native grass seed
increase contract. C. Roessler replied that it is difficult to purchase native grass
seed, so the only way to get native seeds is to hire a contractor to collect the seeds
and it takes about two to three years to grow enough. She said that the District
has a small amount left in its stock, so they will need to get this program started
again to replenish the seed stock.
C. Riffle asked about the bluebird nesting and said he didn’t know the District
was doing this. D. Sanguinetti said that they have been doing this for a number of
years. He said the Rangers are very active in the placing and checking of the
boxes so that the bluebird population has a chance to compete.
C. Riffle asked about the wildlife surveys and if there was a plan associated with
the surveys. C. Roessler replied that they do specific surveys for the rare species,
and there has been community interest in the bluebird and deer surveys. She said
that volunteers on an annual basis do the surveys.
K. Nitz asked about page 7, 1-C, if it referred to pond management. C. Roessler
replied that the most important ponds to focus on are the Driscoll pond series.
Staff has done surveys District wide, but in the next year the focus will be on the
Driscoll ponds, followed by the Monte Bello ponds.
K. Nitz referred to page 8, 2-A, asked if there are specific Sudden Oak Death
(SOD) trees being examined. C. Roessler said that they are not sure if the trees at
Los Trancos suffer from SOD’s. She said she changed the language in this
section so that staff would have more flexibility on deciding what type of trees
they will treat, instead of just treating heritage trees.
K. Nitz asked about hiring a mapping consultant and why they were proposing
this when there is in-house GIS staff. C. Roessler explained that the software
they were going to purchase had too many problems, but after staff looked into it
and speaking with other agencies, they decided not to recommend purchasing the
program. Now they are looking into a program used by the National Parks
Service to adopt a system they are using instead.
K. Nitz referred to the wildlife surveys and tracking wildlife sightings and asked
if the data is input into a spreadsheet now. C. Roessler said that there is a specific
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Meeting 08-02
form that staff has been trained to fill out and she inputs the important sightings in
a database for her to track quickly. He mentioned the deer sightings and how to
figure out wildlife corridors and where they go, and he asked if the forms asked
for the location of the sighting. C. Roessler said the form did have this; however,
she added that the level of surveys they are doing would not help staff determine
wildlife corridors. K. Nitz asked how wildlife corridors are determined. C.
Roessler said she has seen reports on interpretation of habitat connectivity, using
aerials and habitat use. M. Freeman added information about how wildlife
corridors are determined.
L. Hassett commented about the large tree at Los Trancos and asked if staff is not
sure what is killing it. C. Roessler said that was correct. She said non-invasive
samples have been taken to the best labs in California and they are not certain
what is causing the tree to die.
IV. Public Affairs Department
A. Public Information and Outreach
B. Legislative, Funding and Organizational Relations
C. Community Programs
R. Jurgensen said they did not propose any new positions; however, he said they
recommend not hiring the Community Affairs Supervisor, but, instead, hiring a
Communications Specialist. He said this position will offer a more active role in
the media and drafting material for the department.
P. Siemens asked if the website staff needed to be a full time position, rather than
what was proposed last year as being a half-time website coordinator and half-
time communications specialist. R. Jurgensen said that there is a huge need to get
the website up-to-speed, the website staff works with all of the departments on
keeping different parts of the site up to date with projects and information. He
said she spends much of her time fixing links that are not working, or uploading
documents. He added that they are submitting an ambitious web program in their
Action Plan for the next year.
R. Jurgensen replied to C. Riffle’s previous question about research management
public outreach and he referenced page 2, under the first Key Project, shows the
research management outreach goals. C. Riffle asked, if by example, if that
would cover explaining grazing at Driscoll, and R. Jurgensen said it would.
N. Hanko said a reference under “Other Projects and Activities” on page 4,
number 2, about completing and distributing the Good Neighbor Policy brochure.
She said that in order to do this, the Public Affairs department needs to work with
LFPAC to develop revised policies for Board consideration and to hold annual
good neighbor public meetings. She said this is clear under the Administration
section; however, it is not clear that an annual meeting is to be held under the
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Meeting 08-02
Public Affairs section. R. Jurgensen said that he will add a sentence to this
section to reference the annual meeting. N. Hanko said that the Board had special
meetings to hear what their neighbors had to tell them and she said she did not
want to loose that option. C. Britton asked for clarification about what type of
annual meeting the Board wanted to hold. N. Hanko replied that nothing was in
the Action Plan about having any meetings and that her point was that there
should be something stated about it in the plan.
N. Hanko also reminded staff that they were supposed to be updating the
Notification Policy and that this was not shown in the Action Plan either. S.
Schectman said that the Notification Policy was mentioned under the Legal sub-
program.
K. Nitz referred to page 3, about having web pages in foreign languages and said
that was very important. R. Jurgensen said they were going to have assistance by
foreign speakers, and they have text drafted and hope to have this done fairly
quickly. He said the languages they are going to use are Spanish, Vietnamese,
and Chinese and they would be directed to the foreign language page from the
home page. Not all of the website pages would be translated.
K. Nitz referred to page 4, number 5, he asked how many Tails and Trails books
were left. R. Jurgensen said there were a few hundred left to sell.
K. Nitz asked if staff would consider producing a calendar instead of a coffee
table book. C. Britton said that they had many beautiful pictures taken by former
Board member, Deanne Little, and he said they could be made into a coffee table
picture book. K. Nitz suggested looking at producing a calendar each year. C.
Britton said that he would like to also see a screen saver that they could send out
to people.
K. Nitz referred to page 12 and asked why the maps of GIS coordinates language
was struck-out. R. Jurgensen said that they are still working on a prototype that
will allow them to do this. He said they want to transition the maps from
Illustrator to GIS. Once that is done, then they will have maps that feature GIS
coordinates and they will work with Planning on that project.
K. Nitz referred to page 14, number 23, and asked about the progress. R.
Jurgensen said that staff is still working on this project.
K. Nitz asked for clarification on number 6, on page 7 of 14. C. Britton said that
the end of the two-year session is in November, so in January the Board will be
approving a new Legislative Program.
P. Siemens asked if the ARMS Program is new and he was told it is. R.
Jurgensen said that staff will be sending out a memo about this program. He said
P. McKowan led this and that he worked with Operations to develop a program
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Meeting 08-02
that enables the District volunteers to work on projects without District staff
supervision. K. Nitz asked if Board members could be part of this program. R.
Jurgensen said that this program will start small to see how it goes.
N. Hanko asked about the newsletter being sent out electronically and that there
was no longer a hard copy of it. R. Jurgensen said that the newsletter referred to
was not the District’s Open Space Views newsletter, but the Volunteer Newsletter
sent out by P. McKowan. This is a separate newsletter just for the volunteers and
docents. He said that people can sign up to receive the Open Space Views
newsletter electronically, but that it is still produced and mailed out.
M. Davey thanked R. Jurgensen for section 1 on page 13 about researching the
feasibility to reimburse school districts to allow children to visit the open space.
R. Jurgensen said that they will be looking for funding for this program. P.
Siemens suggested that they find out if the school districts have money in their
budgets for transportation. He suggested they start by contacting the district
offices before calling the individual schools.
C. Riffle asked that something be added about the Board being available to speak
on behalf of the District. P. Siemens agreed that was a good idea. R. Jurgensen
said he would add it and appreciated their participation.
P. Siemens commented on page 10, number 1, about the Daniels Nature Center
having a donors’ plaque for recognition for contributions on behalf of the upkeep
of the center.
V. Administration Department
A. Administration - G. Sam
B. Human Resources – G. Sam
C. Legal Services – S. Schectman
G. Sam said he was proposing a half-time Administrative Assistant position to
serve both the Legal program and the General Manager. He said the new General
Manager was interested in having a support person. C. Britton said that he had
never wanted an assistant. S. Schectman said that adding this position is a
reflection of the growing number of staff and the additional work load. L. Hassett
asked if there was space to put the new person for this position. C. Britton said
there really was not a place for the person to sit.
K. Nitz asked if there were two Senior Accounting Specialists. G. Sam said that
there is only one Senior Accounting Specialist and that he had just wanted to
rearrange the order of the listed staff. M. Davey said the rearrangement was very
logical.
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Meeting 08-02
N. Hanko referred to page 6, number 14, the Good Neighbor Policy meetings, and
she said this should be stated that this is an on-going project, rather than
completed. C. Britton suggested rewording this section.
N. Hanko asked that they find the right area under Administration to insert
language that the Preliminary Action Plan be presented as a single item at a
special meeting on an annual basis.
K. Nitz referred to page 5, number 10, and asked what software they are using
now. G. Sam said they are using Microsoft 2000 and Microsoft XP currently. He
said that Microsoft will not support these programs in the near future, so they
need to look at obtaining new software for the District. G. Sam said they will be
moving toward upgrading to Microsoft 2007 over time.
K. Nitz referred to page 4, number 6, and asked that new Board chairs be added.
P. Siemens agreed that this should be added.
K. Nitz referred to page 12, number 1, asked for clarification. G. Sam said the
HRIS system is an HR software package to improve efficiency. It is a database.
S. Schectman said that she anticipated a decision in the Riverside case and the
AG opinion. She said the Public Notification Policy is included under the Legal
Services Program.
K. Nitz asked if she was working on the Bear Creek stable lease. S. Schectman
said that Duncan Simmons was working on that project. He asked that it be
added to the Action Plan because it was not listed.
No formal action was required. The Board of Directors accepted the report.
D. Agenda Item 4 – Approval of Santa Clara County Funding Agreement to Support
District’s Purchase of the Beatty Trust Property as an Addition to the Kennedy-
Limekiln Area of Sierra Azul Open Space Preserve (Santa Clara County APNs
558-35-001, 558-36-011 and 558-36-012); Determine that the Recommended
Actions are Categorically Exempt from the California Environmental Quality Act
(CEQA) As Set Out in the Report; Adopt the Resolution Authorizing the
Execution of the Funding Agreement with the County of Santa Clara Towards the
Purchase of the Beatty Trust Property, Including Conveyance of an Open Space
Easement Over the Beatty Trust Property to the County – (Report R-08-14)
Motion: K. Nitz moved approval of Santa Clara County Funding
Agreement to support District’s purchase of the Beatty Trust
Property as an addition to the Kennedy-Limekiln area of Sierra
Azul Open Space Preserve (Santa Clara County APNs 558-35-001,
558-36-011 and 558-36-012); Determine that the recommended
actions are categorically exempt from the California
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Meeting 08-02
Environmental Quality Act (CEQA) as set out in the report; Adopt
Resolution No. 08-05 authorizing the execution of the Funding
Agreement with the County of Santa Clara towards the purchase of
the Beatty Trust Property, including conveyance of an Open Space
Easement over the Beatty Trust Property to the county. M. Davey
seconded the motion. The motion passed 7 to 0.
E. Agenda Item 5 – Approve Board Policy for Meeting Compensation,
Reimbursement of Authorized Necessary Expenses for Performance of Official
Duties, and Adoption of Ethics Training Requirements Pursuant to AB 1234;
Approve the Resolution Adoption a Board Policy for Meeting Compensation,
Reimbursement of Authorized Necessary Expenses for Performance of Official
Duties, and Adoption of Ethics Training Requirements Pursuant to AB 1234 –
(Report R-08-13)
J. Cyr asked about Board members keeping written records of the training. He
asked if this is part of the law. P. Siemens suggested removing this requirement.
S. Schectman said that AB1234 states the District is required to maintain records;
however she said she strongly advised the Board members to keep their own
records. She said that any trainer is required to provide a certificate stating they
attended the training. She said it is a good idea for the Board members to keep
these documents. S. Schectman said that staff can request duplicate certificates if
they are needed.
P. Siemens asked if the law does not require that the Board member maintains
documentation. S. Schectman said that was correct. P. Siemens said that he
would make a motion to delete the Board member requirement to maintain the
documentation. S. Schectman said it can be struck, but she said she still advised
them to keep their own records.
C. Britton said that they would strike that language from Section 2 of the
Resolution and from the Policy, last page under D.
Motion: J. Cyr moved approval of the Board policy for Meeting
Compensation, Reimbursement of Authorized Necessary Expenses
for Performance of Official Duties, and adoption of ethics training
requirements pursuant to AB 1234; Approval of Resolution No.
08-06 for adoption a Board policy for Meeting Compensation,
Reimbursement of Authorized Necessary Expenses for
Performance of Official Duties, and Adoption of Ethics Training
Requirements pursuant to AB 1234 as amended. K. Nitz seconded
the motion. The motion passed 7 to 0.
F. Agenda Item 6 – Approve the Board President’s Recommendations for
Appointments to the Standing and Ad Hoc Committees and Appointments as
Board Representatives to Other Bodies, as Contained in this Report, Including the
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Meeting 08-02
Determination of Compensation Status for Attendance at Board Committee
Meetings – (Report R-08-18)
K. Nitz said that ad hoc committees are usually temporary and for a specific
reason. He noted that the Board Appointee Evaluation Committee has been listed
for a number of years and said it is not temporary, but it is for a specific subject.
He asked S. Schectman why this is considered an “Ad Hoc” committee. S.
Schectman said it has a designated function until it is disbanded. She said it
would be in order to disband it; however, her concern is that they may want to
meet with a Board appointee, so if it is disbanded, then a new committee would
need to be formed. P. Siemens said they would be better off to reappoint Board
members for the next fiscal year. C. Britton suggested adding the fiscal year for
the Committee so that it is time-specific. There was general consensus.
Motion: K. Nitz moved, as amended, the approval for the Board President’s
recommendations for appointments to the Standing and Ad Hoc
Committees and appointments as Board representatives to other
bodies, as contained in this report, including the determination of
compensation status for attendance at Board committee meetings.
C. Riffle seconded the motion. The motion passed 7 to 0.
VIII. INFORMATIONAL / COMPENSABLE MEETING REPORTS
S. Schectman gave instructions on how the Board can deliver information about their
compensable meetings. They can either give the information orally, or in written form to
the District Clerk.
C. Riffle said his compensable meetings included the January 16 Board meeting and
tonight’s meeting (1/30). He said the mountain lion seminar was very well done.
J. Cyr said he was giving his compensable meeting report in written form to the District
Clerk. He attended the mountain lion seminar and said that staff did a superb job. He
said a question came up at the meeting that a docent was able to answer about how to
reach the District’s emergency numbers. He requested a card with these numbers. C.
Britton said it was in process.
N. Hanko said she was submitting her compensable meeting report to the District Clerk.
She met with POST to meet with the person designing the donation plaque for the people
making donations towards the Mindego Hill project.
K. Nitz said his compensable meetings were the January 16 Board meeting and tonight’s
meeting (1/30). He asked D. Sanguinetti if the trees that were cut down at Los Trancos
were left at the site or were they chipped. D. Sanguinetti said they left the trees at the
site. K. Nitz asked about the water tank and asked if it was still there. M. Williams said
he would look into that and reply back. K. Nitz said he hiked at Pulgas in the rain and
that it was very nice.
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Meeting 08-02
M. Davey said her compensable meetings included the January 16 Board meeting and
tonight’s meeting (1/30). She said she spoke on behalf of the District at a sustainable
conference hosted by the League of Women’s Voters and Liz Kniss. She said it was a
standing room only group that included a show and tell about all of the activities going
on in Santa Clara County regarding sustainability.
L. Hassett said his compensable meetings were the January 16 Board meeting and
tonight’s meeting (1/30).
P. Siemens said he submitted his compensable meeting report to the District Clerk.
C. Britton said that they would be moving away from using or having bottled water at
Board meetings. He pointed out a letter in the FYI’s that he wrote to David Lewis based
on Save the Bay’s legislative proposal. He said the FYI’s also contains the fourth quarter
Resource Management report. And, he noted that a memo about the progress on the
Sheriff’s contract was also included in the FYI’s. C. Britton offered a mountain lion
calendar to a member of the Board. The calendar was a gift from Lynn Saddler,
President and CEO of the Mountain Lion Foundation. He gave a brief update on staff’s
work with the Town of Woodside.
M. Williams said there would be a special meeting about the Mindego property. He said
he wanted to schedule a meeting of the Real Property Committee. There was discussion
about finding a date to schedule this and other meetings for other Board committees.
IX. ADJOURNMENT
The Regular meeting of the Board of Directors of the Midpeninsula Regional Open Space
District adjourned at 11:57 pm.
Lisa Zadek
Recording Secretary
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Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 08-04
SPECIAL AND REGULAR MEETING
BOARD OF DIRECTORS
February 13, 2008
MINUTES
SPECIAL MEETING
I. ROLL CALL
President P. Siemens called the Special Meeting to order at 4:35 p.m.
Members Present: Pete Siemens, Jed Cyr, Nonette Hanko, Mary Davey, Ken Nitz,
Curt Riffle and Larry Hassett
Members Absent: None
Staff Present: Craig Britton, Sue Schectman, Bobbi Peckham, Matt Freeman
II. CLOSED SESSION
P. Siemens stated that there were no reportable items from the Closed Session. He said
that the Board would be returning to the Closed Session after the end of the Regular
Meeting.
REGULAR MEETING
III. P. Siemens called the Regular Meeting to order at 7:45 p.m., and asked for the Roll Call.
Members Present: Pete Siemens, Jed Cyr, Nonette Hanko, Mary Davey, Ken Nitz,
Curt Riffle, and Larry Hassett
Members Absent: None
Additional Staff Present: Greg Sam, Camille Tavlian, Michael Williams, Gordon
Baillie, David Sanguinetti, Vicky Gou, Annetta Spiegel, Casey Cleve, Benny Hsieh,
Rudy Jurgensen and Duncan Simmons.
Meeting 08-04
IV. ORAL COMMUNICATIONS – There were none.
V. ADOPTION OF AGENDA
Motion: J. Cyr moved that the Board adopt the Agenda. K. Nitz seconded the
motion. The motion passed 7 to 0.
VI. ADOPTION OF CONSENT CALENDAR
C. Riffle stated that he had not received the Minutes listed on the Consent Calendar. C.
Britton said that the Minutes were not completed in time so they would be on the next
Board meeting’s agenda.
K. Nitz asked about Revised Claim number 84_7-R, which staff answered to his
satisfaction.
Motion: J. Cyr moved that the Board adopt the Consent Calendar, including
Written Communications; Agenda Item 6 Appoint Maze & Associates
as the District’s Auditors for Fiscal Year 2007-2008 and Authorize the
General Manager to Execute an Engagement Letter Agreement in the
Amount of $22,860.00; Agenda Item 7 Authorize the Transfer of $12,000
from the Real Property Department’s New Land Commitments Budget
Category 8102-24 to the Planning Department’s Coastside Protection
Program Budget Category 5219-37; Authorize Payment of Additional
Legal Fees to the Law Firm of Shute, Mihaly & Weinberger in the Matter
of Citizens for Responsible Open Space v. LAFCO and Midpeninsula
Regional Open Space District and Additional Legal Matters in an Amount
Note to Exceed $25,000.00; Agenda Item 8 Approve the Settlement and
Adopt Resolution No. 08-xx Authorizing the General Manager to Execute
the Release and Settlement Agreement with Gulf Insurance Company for
the Claim of Damages to District Property Upon Payment of $43,179.31;
Agenda Item 9 Adopt the Recommendations Amending the Preliminary
Use and Management Plan for the 40-acre Former Fletscher Property
within the Mt. Umunhum Area of Sierra Azul Open Space Preserve (Santa
Clara County Assessor Parcel Nos. 562-22-043 and –044); and Revised
Claims 08-02. L. Hassett seconded the motion. The motion passed 7 to 0
on Agenda Items 6, 7, 8 and 9. The Revised Claims 08-03 passed 6 to 0
on Revised Claim numbers 8347, 8248 and 8413-R with two recusals from
M. Davey and N. Hanko, and the remaining Revised Claims passed 7 to 0.
VII. NEW STAFF INTRODUCTION
G. Sam introduced the District’s new Network Specialist, Benny Hsieh, who started
working at the District in late January. He gave some background information about B.
Hsieh. The Board welcomed B. Hsieh to the District. B. Hsieh said that he had hiked the
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Meeting 08-04
District preserves and that he looked forward to exploring more the preserves and doing
his part to preserve the greenbelt.
VIII. BOARD BUSINESS
A. Agenda Item No. 1 – Information Report on District Web Updates - (Report R-
08-25)
V. Gou, the Web Content Coordinator, presented the informational report. She
gave a PowerPoint presentation starting with a slide of the District’s homepage.
She said that the site was redesigned in 2004 and it is still a well-designed site.
V. Gou reviewed the primary objectives of the website. She said the first
objective is to serve as a marketing or branding tool. It is important to have an
on-line presence. The second objective is to serve as a communications tool. The
District’s website serves as an information warehouse for people, and the site also
works as a two-way communications tool. She said that another objective of the
site is to promote the environment and advocacy and engagement is critical. The
site encourages people to get outdoors and be involved in the District’s activities,
and participate with the volunteer programs.
V. Gou said that she uses Google Analytics to gather information for the website.
She reviewed the use statistics. There were 60,000 page views per month. A
page view is when a page is loaded and she described how that is determined.
The second parameter tracks how many unique computers visit the website and
she said that last month there were about 12,000 computer visits. She said that
the average person who visits the site views three pages, and they spend about 3
minutes per visit.
V. Gou said one of her first projects was to select an e-communications tool that
would allow staff to send HTML graphical e-mails to large lists of people. She
showed a slide of a message using MailChimp, the program chosen to be used.
She said this program was efficient, but maintains privacy of e-mail addresses.
She said there were significant cost savings; the program costs $25 per month.
V. Gou said that a goal is to transition people from the print version of the Open
Space Views newsletter to receiving an electronic version. She said that there are
currently 1,100 subscribers to the newsletter. There are environmental benefits
and cost savings associated with moving toward an electronic distribution of the
newsletter.
V. Gou showed a slide of the on-line store’s home page. She said that this site is
something that the volunteers and docents have asked for through the years. She
pointed out that it is not just a shopping site, but another opportunity to direct
people to other parts of the District’s website. They are also working on a lobby
display and a display at the Daniel’s Nature Center to display the merchandise.
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Meeting 08-04
V. Gou said that one project she is working on is to migrate the District’s site to a
different web-hosting company. She did some research and chose Crystal Tech as
the web host. They offer higher security standards, run more frequent back-ups,
and their control panel gives more control of managing the files and backing up
the database. Crystal Tech’s technical support is very responsive. They also
offer a 50% discount for non-profits, so the District is paying about $10.00 per
month.
V. Gou said that the Employment page is one of the most popular pages. She said
they moved to the CalOpps program.
In the future, staff would like to add some interactive media, and Google
Mapping, and they are looking into adding an on-line credit card capability for
people to make donations. They are also looking to diversify the website and will
be adding some foreign language pages.
K. Nitz thanked her for the good work. He asked if the District gets any money
from people clicking on the ads under Google Search. V. Gou said she did not
believe they did. He asked if the District policies are on the searchable location.
V. Gou asked for clarification and K. Nitz gave an example and said that he didn’t
see the policy or ordinance he was looking for. V. Gou said the search engine
used is the Google Search engine, which is very sensitive to key words. She said
that the ordinances are on the website.
C. Britton said that V. Gou has done a great job on the website. He said he had
needed to be convinced by staff to hire a fulltime, dedicated web person and he is
delighted with the work she has accomplished.
C. Riffle said he thought she was doing a great job. He asked if there is a way to
alert users about an activity that is coming up. V. Gou said that with MailChimp
they might be able to set up such a system. He asked if the District has a link on
any of its partner sites, such as REI. V. Gou said that this is a good idea, but that
she has not had time to do the research. C. Britton said that they have limited
having the District’s link on only public agency websites. S. Schectman gave
some information about their legal constraints in this matter.
A. Spiegel, HR Analyst, gave a report on the new recruitment software, CalOpps.
She said that interested people can apply on-line through CalOpps. The CalOpps
website has 63 agencies that include cities, similar agencies, and other
government agencies. The employment application form can be filled out on-line.
N. Hanko said that she was glad to see the telephone number for the District on
the site.
The Board accepted the staff report. No formal Board action was required for this
item.
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Meeting 08-04
B. Agenda Item No. 2 – Information Report on GIS Program Development; Receive
an Oral Report on Several Key GIS Projects Identified in the 2007-2008 Action
Plan - (Report R-08-12)
C. Cleve presented the staff report on the GIS program. She said she would focus
on the Real Property dedication database, better integration of new information
into the District’s GIS, and expanded 3-D visualization.
She said she would review the Real Property GIS database. The reason they
needed to develop this database was that staff needed to know information about a
particular parcel. She said that currently the only way to find out the origination
of a particular parcel was through institutional knowledge or extensive research.
The file system is organized based on “grantor,” so it is necessary to know the
name of the grantor. Staff has created a link between GIS and the Real Property
database. They did this by mapping all of the parcels and fee transactions and
then they linked the information to the Real Property database. She gave a
demonstration of how staff could use the system with a PowerPoint presentation.
P. Siemens asked if easements are shown as well. M. Williams said that he
thought it did. C. Cleve said that anything that is in the database, she could create
maps from.
K. Nitz asked if this information was connected to a Resource Management
database. C. Cleve said it was not, but that they have built a system that they can
connect in the future as they create future databases. It would be possible to link
it.
C. Cleve said that she seeks out organizations that provide GIS data layers. She
showed an example showing the most up-to-date information on Sudden Oak
Death observations. Staff is also making improvements in tracking invasive
weeds. Operations is developing an invasive weeds database where they will be
tracking weed locations and treatments.
K. Nitz asked if they are able to keep a timeline about the data. C. Cleve said that
they have not yet implemented this database, but part of the weed database is a
time element. She said that C. Roessler and L. Infante are working on the design
of the database and she will be working on linking the database to the GIS
system.
P. Siemens asked where staff gets the basic GIS data. C. Cleve said they get the
information from GPS and explained how field staff map sites they document
from the GPS information.
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Meeting 08-04
J. Cyr asked if there is a link to the photo library. C. Cleve said that they have not
for the weed database, but they can for other databases. She said it is easy to
incorporate photos links.
C. Cleve described a completed project she worked on with M. Manning on a
spatial water rights database for the San Gregorio Creek Watershed. M. Manning
asked a ranger to go out to the site and collect GPS points of diversion for each of
the water rights within the San Gregorio Creek Watershed, and he took
photographs of the points of diversion. C. Cleve said that they were then able to
link the photos to the GIS database and link the locations to the photos to the
report. Then the information was linked to Google Earth, and she showed how
they use Google Earth at their office.
P. Siemens said he appreciated the presentation and found it very informative.
J. Cyr said it is a tremendously useful tool in helping to educate the public about
the District and the work staff is doing.
The Board accepted the staff report. No formal Board action was required for this
item.
C. Agenda Item No. 3 – Field Enforcement Activity for 2007 and Ten-Year Field
Activity Summary; Accept the 2007 Miscellaneous Enforcement Activity
Summary and the Ten-Year Field Activity Summary - (Report R-08-17)
G. Baillie presented the staff report. He started with reviewing the bicycle
violations and said that they were much the same as in prior years.
G. Baillie said that dogs prohibited on sites had increased considerably the past
year, as has dog off-leash violations. He said that after-hour use has increased. J.
Cyr asked if the off-hour violations were District wide or specific to certain
preserves. G. Baillie said he did not know if there was a particular trend.
L. Hassett asked about the after-hours violations. He asked if the after-hours
incidents occurred very late in the evening, or if they kept track of the times. D.
Sanguinetti said that there is a half-hour grace period. D. Sanguinetti said that
staff has now posted parking signs and if they see a car parked after-hours they
are handing out parking citations, rather than going in the preserves and searching
for people. L. Hassett suggested that, specifically with Thornewood, that the
closing time be strictly enforced.
K. Nitz asked when the southern preserves were closed to bicycles. G. Baillie
said they were closed in 2000.
C. Riffle asked about the 1,788 violations, and he asked if the percentage of
certain violations was about the same and if the fact that more land and trails are
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Meeting 08-04
being opened to the public is a correlation. G. Baillie said he thought there was.
There is steady growth.
C. Britton asked if anything stood out to G. Baillie this year since he’s been doing
this report for ten years. He said there were no big statistical jumps.
Josh Moore, 2111 Latham Street, Mountain View, CA, the president of ROMP,
thanked staff for this informative report. He said it is great to have this kind of
information available to the public. He said that the biking issues are constant
and consistent; they are not appearing to increase. He said he would find it useful
if staff could include a report on illegal trail building and to see what type of
funds are spent to remediate the unauthorized trails.
P. Siemens asked if this information would be difficult to add. D. Sanguinetti
replied that this information is put in the “other” category, but in the future they
will track this information separately.
N. Hanko asked if staff keeps track of the trails where violations occur. D.
Sanguinetti said they do track the trails in the Skyline area and they keep the
information in a binder. C. Britton suggested that staff name the preserve but not
specific trails. D. Sanguinetti said that he would be meeting with Mr. Moore of
ROMP and will be discussing when there are bicycle violations in particular. J.
Cyr suggested that staff could just state the type of terrain where violations occur,
rather than naming the preserve. D. Sanguinetti said he did not have a problem
naming the preserve, but he did not want to be specific about where in the
preserve the events occur.
C. Riffle asked if there were any specific trends by preserve. G. Baillie said they
do not track specific trends by preserve, but they are working on switching over
from a manual system to a database that offers better reporting tools.
No formal Board action was required for this item. The Board of Directors
accepted the report.
D. Agenda Item 4 – Annual Progress Report on Ranger Bicycle Patrol Program for
Calendar Year 2007; Accept this Informational Report on the Ranger Bicycle
Patrol Program, and Authorize Staff to Discontinue the Specialized Annual
Report and Substitute an Informational Item to the Board if Circumstances
Regarding the Program Change – (Report R-08-15)
C. Britton asked if the Board would accept Agenda Item 4 and Agenda Item 5 as
Consent Items because they are informational reports that come before the Board
every year. He said that staff is asking if in the future both of these reports could
be informational reports rather than agenda reports.
Motion: N. Hanko moved the General Manager’s recommendation to
accept Agenda Item 4 as a Consent item and to authorize staff to
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Meeting 08-04
discontinue the specialized annual report for the ranger bicycle
program and substitute an annual informational report for this
program to the Board if circumstances regarding the program
change. J. Cyr seconded the motion.
Discussion: J. Cyr said he was not in favor of no longer receiving these two
reports, but he is in favor of the recommendation to receive the
reports as an FYI.
Vote: The motion passed 7 to 0.
E. Agenda Item 5 – Annual Progress Report on the Use of Radar on District Lands
for Calendar Year 2007; Accept this Informational Report on the Radar Program,
and Authorize Staff to Discontinue the Specialized Annual Report and Substitute
an Informational Item to the Board if Circumstances Regarding the Program
Change – (Report R-08-16)
Motion: M. Davey moved the General Manager’s recommendation to
accept Agenda Item 5 as Consent item and to authorize staff to
discontinue the specialized annual radar program report and
substitute an annual informational report for this program to the
Board if circumstances regarding the program change. N. Hanko
seconded the motion.
Vote: The motion passed 7 to 0.
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Meeting 08-04
VIII. INFORMATIONAL / COMPENSABLE MEETING REPORTS
S. Schectman gave instructions on how the Board could deliver information about their
compensable meetings. They could either give the information orally, or in written form
to the District Clerk.
C. Riffle said his compensable meetings were the February 8 General Manager interview
meeting and tonight’s meeting (2/13). He made a comment that he is receiving items by
e-mail and through the mail, such as the meeting agenda, and he said he is happy to
receive just e-mail. G. Sam said that this may have been a mix-up. C. Britton asked if
other Board members were interested in receiving agendas for committee meetings (not
the full Board packet) through e-mail. The Board replied with how they preferred to
receive the information.
C. Riffle asked if the Board could use the Outlook calendar to help staff in scheduling
committee meetings. He was told that staff would look into it.
K. Nitz said he walked at Pulgas Ridge and noticed signs were installed on four trees. He
questioned the number of trees to be cut down this year. He said the Board had approved
removing five trees. He said he sent a memo to M. Freeman who forwarded it to D.
Sanguinetti and he had not heard back. D. Sanguinetti said he is working on the reply.
K. Nitz said he hiked at Windy Hill and took some pictures of the sedimentation
problems and will send the photos to staff. He said he went to REI and asked R.
Jurgensen if his staff worked with Inner City Outings from the Sierra Club. He said they
are an outreach for inner-city children. R. Jurgensen said they do not, but that they
would look into it. K. Nitz commented on the Alma College article and asked if they had
approved the $30,000.00. He said the article misrepresented what the District’s goals
were for this project.
N. Hanko said her compensable meetings included February 8, which was the General
Manager interviews, the February 13 ABC meeting, and tonight’s meeting (2/13). She
said she attended the General Manager Retirement Committee meeting to discuss the
retirement party preparations, which are not compensable.
M. Davey said her compensable meetings included February 8, the General Manager
interview meeting, the February 13 ABC meeting, and tonight’s meeting (2/13).
J. Cyr said his compensable meetings included the February 8 General Manager
interview meeting, and tonight’s meeting (2/13). He visited Picchetti and handed out a
brochure he picked up at the winery and pointed out that there was a very small reference
on the back of the brochure that the District owns the property. N. Hanko agreed that
other than the normal District signage at the entrance of the preserve, there is nothing
inside the building. C. Britton asked R. Jurgensen if staff had seen this brochure in
advance. R. Jurgensen said they had not reviewed this brochure. P. Siemens asked if the
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Meeting 08-04
District was supposed to review the winery’s brochure before they are published and C.
Britton said they are supposed to review them. M. Williams added that the language on
the brochure is what was agreed upon, but that the print could be larger or more
prominent. J. Cyr said he hiked in Uvas Canyon right after a rain and said the trails were
in great shape and the waterfalls were fantastic. He asked that his cell phone number be
added to his emergency contact card and suggested that the dispatch telephone number be
added. C. Britton handed J. Cyr his new cards that include the dispatch telephone
number. J. Cyr thanked staff.
L. Hassett said his compensable meetings were February 8 and February 13. He attended
the Woodside Town Council meeting along with District staff. He said the Town
Council approved the District’s development plan for Thornewood. He commended the
great staff work in preparing for this meeting, and he commended the Woodside
community to make sure there was a positive outcome.
P. Siemens said his compensable meetings were February 8 and tonight’s meeting (2/13).
C. Britton attended the San Mateo County Board of Supervisors meeting and they
unanimously approved putting the 1/8-cent sales tax item on the June 2008 ballot. He
handed out a card with staff telephone numbers on it and said that the staff will receive
the same card. He said that P. Siemens and he attended the retirement party honoring Mr.
Williams for his 18 years with the Santa Clara County Water District. He thanked L.
Hassett for speaking at the Woodside meeting and said L. Hassett made some poignant
remarks. He remarked that they received a 7 to 0 vote from the Town Council of
Woodside. He said the first ABC meeting occurred today and they are working on the
budget for next year.
S. Schectman gave an update on the Riverside case, stating that the Supreme Court has
deferred its decision until March 20th.
D. Sanguinetti gave an update on the Santa Clara County Sheriff’s agreement. He said
they are still working on it and are anxious to get the agreement completed. S.
Schectman added some additional information about the process.
M. Freeman said that staff was contacted by the Department of Fish and Game and they
were informed that their application for $148,000.00 in grant funding was approved. The
grant funds will go towards the $300,000 project to restore logging roads in the
Pescadero watershed. The Board congratulated staff.
M. Williams said that the County of San Mateo is required to show conservation
easements on parcel maps because of an Assembly Bill that passed a few years ago. He
said that District staff would be submitting maps to San Mateo County to be included.
IX. ADJOURNMENT
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Meeting 08-04
P. Siemens adjourned the Regular meeting of the Board of Directors of the Midpeninsula
Regional Open Space District adjourned at 9:38 pm., and stated that the Board would re-
convene the Special Meeting Closed Session.
P. Siemens stated that there were no reportable items at the conclusion of the Special
Meeting Closed Session.
The Special Meeting Closed Session adjourned at 11:45 p.m.
Lisa Zadek
Recording Secretary
Page 11
E-MAIL CORRESPONDENCE
Date: March 27, 2008
To: Robert Cortese,
Subject: Remote Controlle rict Preserves
Dear Mr. Cortese:
Thank you for your e-mail of February 21, 2008, regarding your desire
to fly a model glider on District Land. Currently, the District allows
model glider operation, by permit, only at our Windy Hill Open Space
Preserve in San Mateo County. Please contact our Operations Department
Administrative Assistant, Leslie Wright (650-691-1200) and she will be
happy to assist you with maps and a District permit. The area where
you can fly your glider is just off of Skyline Boulevard, on the top of
Windy Hill Proper. All gliding activities would need to be facing east
from the top of the hill. Due to a concern for traffic safety, gliders
are not allowed to fly on the west side of Windy Hill Proper to avoid
distraction of drivers on State Highway 35 (Skyline Boulevard).
Sincerely,
Pete Siemens, President
MROSD Board of Directors
cc: MROSD Board of Directors
-----Original Message-----
From: Greg Sam
Sent: Thursday, March 13, 2008 6:40 PM
To: 'robert cortese'
Cc: BOARD; Craig Britton;
Subject: RE: 02/23/2008 - - Contact Board
March 13, 2008
Dear Mr. Cortese:
Thank you for your e-mail of February 21, 2008 (revised February 25),
regarding the use of remote controlled model gliders on Bald Mountain
at Sierra Azul Open Space Preserve. District staff is still researching
your question of whether there are any rules against using remote
controlled gliders on District land. Once the research is completed, a
determination will be made and the Board of Directors will issue a
response to you. It is anticipated that the Board will be able to
promptly reply back after its next regularly scheduled meeting on March
26, 2008.
Sincerely,
Pete Siemens, President
MROSD Board of Directors
cc: MROSD Board of Directors
-----Original Message-----
From: Greg Sam
Sent: Monday, February 25, 2008 5:58 PM
To: 'robert cortese'
Cc: BOARD; Craig Britton; vid Sanguinetti
Subject: RE: 02/23/2008 - Contact Board
Dear Mr. Cortese:
Thank you for your e-mail of today (February 25, 2008), regarding the
use of remote controlled model gliders on Bald Mountain at Sierra Azul
Open Space Preserve. We appreciate your interest in this matter. The
District's current process for responding to written correspondence
from the public is for the Board of Directors to review and prepare a
response at their next regularly scheduled meeting. Your e-mail will be
forwarded to the Board for their consideration at their next regular
meeting on March 12, 2008. The District will promptly issue a response
after this date.
Should you have any questions, please feel free to contact me at your
convenience.
Sincerely,
Gregory L. Sam, District Clerk
Administration/Human Resources Manager
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
650.691.1200 (main)
650.691.0387 (fax)
gsam@openspace.org
www.openspace.org
-----Original Message-----
From: robert cortese [mailto:
Sent: Monday, February 25, 20
To: Kenneth C. Nitz
Cc: Vicky Gou; Greg Sam; Camille Tavlian; General Information; Craig
Britton; BOARD
Subject: Re: 02/23/2008 - - Contact Board
Dear Openspace.org,
Today I was out at Bald Mountain flying my model glider. I live in
Almaden Valley, so it's a fairly short drive for me to get there.
I started flying at 8am till around 11am. Then I headed home for a
bit, came back up around 1pm hoping for some more glider fun and
arrived to find that the wind had died. There was also a lot of rain,
so I decided to take a nap in my car while waiting for the NOAA
predicted winds to return.
The rain and hail was making patter noises hitting the car roof. I
tuned my radio to 91.1 KCSM Jazz, leaned my seat back and dozed off.
My dog was with me and she napped too.
I woke up around 2:30. My dog was growling at the fogged up window,
then I heard a knock. Knowing it was probably an authority figure, I
scrambled to get the car key turned to where I could roll down the
power window.
I was greeted by Ranger Jeff Smith. He had seen my car earlier, and
came back to check on me. He was really nice. I explained I had been
flying my glider up there earlier that morning, and had returned in
the afternoon hoping to catch some more wind. There was a little
civil discrepancy on if gliders were allowed up on bald mountain,
which is why I am writing you today.
The best he could point out in the rules and regulations was section
808. Section 808 talks about real aircraft (helicopters, planes, hot
air balloons) but glancing through the entire rulebook there is
absolutely no mention anywhere about model aircraft. It does say,
"excluding unpowered human flight."
My glider does not have a propulsion system of any kind. It does have
batteries that run the receiver, and the tiny servo motors for moving
the flaps, but other than that it's basically unpowered flight to
which there is an exclusion for in section 808.
Bald Mountain has a really great south east facing slope. One of only
a handful here in the bay area (sierra road comes to mind) Since there
is no rules saying if it is or isn't allowed, could an exception be
made for non-propulsion RC gliders? I'm not only asking this on my
behalf, but on the behalf of all RC Glider pilots in the bay area.
Yours Truly,
Robert Cortese
R-08-43
Meeting: 08-09
March 26, 2008
AGENDA ITEM 1
AGENDA ITEM
Final Approval of Amendment to the Use and Management Plan for El Sereno Open Space
Preserve to Establish a Permit-Only Parking Area and Designate Recreational Uses on Overlook
Trail
GENERAL MANAGER’S RECOMMENDATIONS
1. Approve the Use and Management Plan Amendment for El Sereno Open Space Preserve
to establish a 6-car permit-only parking lot at the end of Overlook Drive past Gate ES05;
issue a maximum of six permits per day and 30 permits per month; provide enforcement
of “no parking” ordinances at the end of Overlook Drive adjacent to the Preserve, and
other operational components of the Plan as set out in this report; formally designate
Overlook Trail as open to hiking, bicycling, and on-leash dog use; and determine that the
recommended actions are categorically exempt from the California Environmental
Quality Act (CEQA) based on the record before the Board and as set out in this report.
BACKGROUND
Staff is proposing the establishment of a six-car permit-only parking lot near Gate ES05 and the
formal designation of recreational use on Overlook Trail in order to provide some additional
public access opportunities in the northern area of El Sereno Open Space Preserve. The northern
area of the El Sereno Preserve features Overlook Trail, which crosses the former Hayes,
Richmond, Krone-Bishop, Lovell, and Moore properties. These properties were purchased by
the District between 1975 and 2004 for a total cost of $5,460,000. The purchase of the former
Hayes property in 2004 provided the opportunity to establish parking in the northern area of the
Preserve, near Gate ES05. A permit-only parking lot was presented to the Board of Directors as
a potential benefit of the purchase and described in Report R-04-132.
The use and management planning process for the proposed 6-car permit-only parking lot began
in the fall of 2006. The first Use and Management Committee meeting was held on site on
December 8, 2006. Staff met with the Board of Directors of the Montgomery Highlands
Homeowners’ Association (MHHA) on September 11, 2007. The second Use and Management
Committee meeting was held at the District office on December 20, 2007. Finally, the proposed
Use and Management Plan Amendment came before the District’s Board of Directors for
tentative approval on March 11, 2008. The Board voted 5-2 to tentatively approve the Use and
Management Plan Amendment.
R-08-43 Page 2
The purpose of bringing the proposed Use and Management Plan Amendment before the Board
at this meeting is to enable staff to respond to pertinent public comment received at or after the
March 11, 2008 meeting and for the Board to determine whether to take final action to approve
the project. All public comments received to date have been provided to the Board.
Staff and Board members have received public input on the proposed Use and Management Plan
Amendment at two public Use and Management Committee meetings, at a staff meeting with the
MHHA Board, at a Special Meeting of the Board of Directors, and through project
correspondence. Pertinent issues raised by members of the public prior to March 5, 2008 are
addressed in Report R-08-36. Additional pertinent questions and concerns are discussed below.
DISCUSSION
Vehicle Traffic on Neighborhood Roads
Based on a review of documented monthly use levels at the District’s three existing permit-only
parking lots, staff has concluded that the proposed permit-only parking lot would generate a
negligible amount of additional traffic in the Montgomery Highlands neighborhood. This
minimal additional traffic would not constitute a hazard. The information in the permit materials
and regulatory conditions further ensure that there will be a negligible traffic impact. However,
MHHA representatives and members continue to express concern that the additional traffic
generated by the proposed permit-only parking lot would be a potential hazard given the
character of neighborhood roads. In order to respond further to this concern, staff recommends
adopting a limit on the number of permits issued per month. Staff recommends that no more
than 30 parking permits be issued per month. This limit would fulfill the District’s goal of
providing some limited public access, and do so in a manner that would generate a negligible
amount of additional traffic in the Montgomery Highlands neighborhood. The 30-car per month
limit is also reflective of use levels at the District’s current permit-only lots. Based upon staff’s
review of permit data and assessment of use and capacity of the three existing permit-only lots, it
is staff’s conclusion that the average level of use of the proposed permit-only lot will be
significantly lower than its daily and monthly capacity.
The limit on the number of permits issued per month would be in addition to the permit system
administrative guidelines outlined on page four of Report R-08-36. The maximum capacity of
the lot would remain six permitted vehicles per day. This capacity would provide an opportunity
for simultaneous permitted use by six cars if there were an occasional need, but would ensure a
de minimis impact on traffic and traffic hazard. The costs of building a six-car lot are virtually
the same as the cost of a smaller lot. Modifying the existing clearing to accommodate six
vehicles is therefore sensible from a planning perspective because it allows for rare occasions of
higher daily use for minimal additional cost.
The parking permit conditions also address the MHHA’s concerns about the perceived negative
impacts of any increased public use of the neighborhood roads. The parking permit would
inform permittees of District Land Use Regulations, educate them about the nature of the
neighborhood roads, and instruct them to drive carefully. MHHA representatives and members
have stated that drivers who are not familiar with the neighborhood roads drive slowly, which
further decreases any likelihood of hazard. Although staff’s assessment is that the project would
R-08-43 Page 3
not create a traffic hazard, the District would also be willing to work with the MHHA, if
requested, to design and install additional signage if desired by the neighbors.
The amount of traffic that would be generated by the permit-only parking lot is far less than what
would have been generated by residential development of the parcels had they not been
purchased by the District as open space. Santa Clara County does not have an ordinance that
limits the number of parking spaces a residence may have. The County recently approved the
construction of an 8-car garage at a residence with HS-d1 zoning located on a narrow and
winding private road in a hillside neighborhood adjacent to the Montgomery Highlands
neighborhood. In addition, the County has approved the construction of a residence on Overlook
Drive with a 1700 square foot garage which could comfortably accommodate six cars. This
residential development is illustrative of the size, vehicle capacity, and potential traffic
generation from just some of the development that could have occurred had the District not
purchased the parcels that comprise the northern area of the El Sereno Preserve. The proposed
project at maximum use level would result in fewer vehicle trips than would be generated had
two additional single-family residences been developed on the District’s parcels.
Recreational Uses on Overlook Trail
The proposed Use and Management Plan Amendment would result in a negligible expansion of
recreational uses on Overlook Trail. While Overlook Trail is not heavily used, it has a history of
hiking, bicycling, and dog use, by both neighbors and other members of the public, which pre-
dates District acquisition. The proposed Amendment would formalize those uses that are already
occurring.
Overlook Trail is classified according to the District’s Trail Use Guidelines as a Class A trail,
suitable for a variety of recreational uses due to its width, good line of sight, relatively gentle
grade, and gentle side slope. For the first two-thirds of a mile past Gate ES05, the trail grade
averages approximately five to six percent. Just below a prominent knoll that affords a
spectacular panoramic view of the valley and the peaks of Umunhum, Hamilton, and Diablo,
there is a short section of trail (approximately 400 feet in length) with a grade of eleven percent.
The rest of the trail is very nearly level. Overall, the trail is in very good condition, with only a
few spots where minor maintenance will be necessary to fill in ruts or surface rills. The trail is
scheduled for maintenance after April 15 of this year, when the grading season begins.
Use of Neighborhood Roads by Vehicles Without Permits
MHHA representatives and members have expressed concern that the establishment of a permit-
only parking lot could result in increased use of neighborhood roads by vehicles that do not have
permits and have not been invited by the District. Overlook and Cañon Drives and the
surrounding private roads would not be displayed on public maps, signboards, or the District’s
website. Maps made available to the public, including brochure maps and signboard maps,
would only show the proposed permit-only parking lot, trails, and trail use information. In
response to continued neighbor concern, these maps would also include a prominent statement
that public use of the privately-maintained neighborhood roads is prohibited. The parking permit
would also state that hiking or biking on Overlook and Cañon Drives is prohibited (see page
seven of Report R-08-36 for more information). Therefore, staff’s conclusion is that the
proposed lot would not result in an increase in unpermitted vehicles.
R-08-43 Page 4
To further respond to neighbor concerns, however, the District would also install regulatory and
boundary signage at the Overlook Trail trailhead. Regulatory signage is used District-wide to
help ensure that preserve visitors engage in appropriate types of use and comply with District
Land Use Regulations. Standard regulatory signs would be placed at both ends of Overlook
Trail well within the Preserve. This signage will replace the current regulatory sign adjacent to
Gate ES05 and therefore will not be visible from Overlook Drive to further respond to neighbor
concern about attracting new visitors. These signs would state that hiking, bicycling, and dogs on
leash are allowed on Overlook Trail, and vehicles, fires, and weapons are prohibited. In
addition, “Private Property Ahead / Do Not Trespass” signs will be placed at the Preserve
boundary to advise visitors that the right to pass is subject to the permission of the property
owners. These regulatory and “no trespassing” signs will supplement the “no parking” signs that
would be installed at the Overlook Drive cul de sac.
Pre-Existing Bicycling Use on Neighborhood Roads
Comments were received concerning cyclists’ use of the network of roads in and around the
MHHA neighborhood. Neighbors state this has been a pre-existing use pattern. MHHA
representatives and members expressed concern that the proposed permit-only parking lot would
contribute to this pre-existing use. As described previously in this report, the District’s proposed
permit-only parking lot and the associated permit system have been designed to directly address
this concern. The permit conditions prohibit bicycling on the neighborhood roads. Signage and
brochures will contain the same prohibition.
While the neighbors report frequently encountering cyclists on neighborhood roads, recent
visitor survey data show that, even if this pre-existing use pattern does exist, very few cyclists
enter or exit Gate ES05. In addition, visitor surveys indicate that Preserve use does not occur
during peak traffic hours.
A cyclist commented that he believes he and others have prescriptive rights to bicycle on roads
in the neighborhood. Staff cannot determine whether cyclists or others have prescriptive rights
to use of the roads, but should such rights exist, they would exist whether or not the Board were
to approve this permit-only lot and formalize the recreational uses on Overlook Trail. The
proposed Use and Management Plan Amendment will neither create prescriptive rights nor
extinguish such rights as may exist.
Staff concludes that, in light of the above-described permit and signage program, no increase in
bicycling on neighborhood roads will occur as a result of the project. In fact, the totality of the
proposed District actions, and the District’s desire to work with the MHHA if requested to
employ additional signage, may decrease this pre-existing use.
Enforcement of District Regulations
District patrol schedules are determined in part by the relative visitor use an area receives.
Current patrol practices include regular passes through Overlook Trail on a weekly basis. It has
been the District’s experience that District ownership and patrol has stopped illegal and
dangerous activities, like off-road vehicle use and bonfires, which occurred on the former Krone-
Bishop property prior to District purchase. It is also the District’s experience that formal access
R-08-43 Page 5
deters unlawful activity in a preserve. However, if the new permit-only parking lot is
established, Ranger staff would increase patrol of the area as use of the lot is implemented. The
increased level of patrol would help ensure that the permit-only parking lot and trail are properly
used, and that illegal parking does not occur in the Overlook Drive cul de sac adjacent to the
Preserve. Thereafter, patrol practices will continue on a regular basis and can be increased in the
event a heightened level of enforcement of District regulations is needed.
The presence of a District employee resident at the former Hayes property further increases the
District’s capability to properly regulate and oversee the site. It is the District’s experience that
having an employee resident on site establishes a presence that deters prohibited activities and
enhances the District’s ability to manage the Preserve. Under the Employee Residence Program,
the employee resident is required to perform security duties. These duties include availability for
callout in the event of an emergency at any hour; notifying and providing support to other
responding agencies in the event of an emergency; responding to problems on the Preserve; and
assisting visitors and neighbors in a helpful manner in all off-duty contacts. The residence is
currently being repaired, with the expectation that it will be occupied by April 1, 2008.
Fire Risk
Representatives and members of the MHHA expressed concern that the establishment of the
permit-only parking lot would increase fire risk in El Sereno Open Space Preserve and the
Montgomery Highlands neighborhood. David Sanguinetti, the District’s Operations Manager,
has extensive experience with implementation of the District’s fire management practices. He
has reviewed the proposal and concluded that the proposed permit-only parking lot will not result
in any increased fire risk. The small lot will be base rocked and located in a cleared area. The
District’s current operational practice is to keep vegetation adjacent to and in all staging areas
cleared and trimmed. Regulatory signs at Gates ES05 and ES06 prohibit smoking and campfires.
In addition, seasonal signage is installed at all parking areas and trailheads during designated fire
season to educate the public and to further avoid fire risk. Staff also works with the Santa Clara
County Fire Department on the overall vegetation clearance and surface condition of its
Preserves, including Overlook Trail (see page eight of Report R-08-36 for more information).
Potential Trail Connections to Villa Montalvo
In her correspondence to the District and at the March 11, 2008 Special Meeting, Ms. Twaddell
suggested that the District focus its energies on establishing a trail connection between El Sereno
Open Space Preserve and Villa Montalvo Arboretum. Ms. Twaddell contends that visitors
wishing to access the El Sereno Preserve could stage at Villa Montalvo, which provides ample
parking and other visitor amenities. Establishing such a connection is a long-term goal of both
the District and the Santa Clara County Parks Department; a conceptual trail corridor is depicted
on the District’s 1998 Regional Open Space Study and on the Countywide Trails Master Plan.
Ms. Twaddell described an overgrown road that extends west from the vicinity of the proposed
permit-only parking lot toward Villa Montalvo, and she encouraged staff to contact two
neighbors who are familiar with the road and other potential connections.
District staff have hiked along the road, which appears to dead-end at San Tomas Aquinas Creek.
This was confirmed by the neighbors who were contacted by staff. One long-time resident of the
area described a network of horse trails in the upper portion of the canyon, and suggested that a
trail connection gaining access to the upper hills and canyons would be magnificent. The
R-08-43 Page 6
topography is exceedingly steep and the terrain is rugged. Connecting Overlook Trail to the
network of existing trails located in upper Villa Montalvo would require over two miles of new
trail construction, with an elevation gain of over 600 feet to climb and then descend the steep
ridge that divides the two properties. Numerous switchbacks and creek crossings would be
required at Villa Montalvo given the configuration of the property boundaries within the canyon.
Overall, it appears that such a trail would be steep and technical in nature and would lend itself
to those looking for a moderate or challenging hike. While the long time resident contacted by
staff at Ms. Twaddell’s request also felt that pursuing a future trail at Villa Montalvo could
obviate the need for parking inside Gate ES05, staff concludes that this option is currently
infeasible for the reasons stated.
MHHA Road Maintenance Costs
Comments were received concerning the District’s obligation to contribute to maintenance and
repair costs for use of Overlook and Cañon Drives pursuant to the Montgomery Highlands
Homeowners’ Association bylaws. Staff has reviewed a copy of the bylaws. Membership in the
Association is voluntary and the bylaws do not contain a methodology for determining road
maintenance and repair cost allocation. Staff has requested that the District be provided with any
additional documents pertaining to the Association and has not received further information.
While staff has not found any evidence of having formally joined the Association, the District
has paid the invoices it has received from MHHA. On January 16, 2008 the District paid $300
for annual dues for 2007-2008, and on August 24, 2005 the District paid $300 for annual dues
for July 1, 2005 to June 30, 2006. Without an adopted methodology for apportionment, staff is
not able to calculate the District’s contribution to road maintenance at this time. However, staff
will meet with the MHHA to discuss cost apportionment and the District will pay its fair share of
road maintenance costs.
District’s Legal Right to Approve a 6-Car Permit-Only Parking Lot
Comments were received requesting a broader explanation of the District’s legal right to
establish the proposed permit-only parking lot. This issue was addressed on page six of Report
R-08-36. As the owner of access easements, the District, just as a private owner, may use its
easements for reasonable access purposes. An easement holder may also increase use of an
access easement so long as the increased use does not overburden the underlying land, and future
development of the easement holder’s land and corresponding additional use of the access
easement was reasonably foreseeable. Reasonable access purposes include use by tenants and
invitees. The District’s proposed use is consistent with these principles. The District is not
inviting the general public to use its access easement. The proposed permit-only parking lot will
have a de minimis effect on the number of vehicles using the access easement and will be used
only by District personnel or invitees. Since development of the parcels that comprise the
northern area of El Sereno Preserve was reasonably foreseeable, increased vehicular traffic was a
foreseeable future use of the easements. In this particular case, the proposal will have a de
minimis effect on the quantity of vehicles using the easements. No qualitative change in use will
result, as the easement use will remain the same: a limited number of District vehicles, driven by
either District personnel or a limited number of its invitees, will use the easement to access
District land.
R-08-43 Page 7
USE AND MANAGEMENT PLAN AMENDMENT
Public Access: Establish a 6-car permit-only parking lot. Limit the number of permits issued to
no more than six per day and 30 per month. Formally designate Overlook Trail as open to
hiking, bicycling, and on-leash dog use.
Patrol: Routinely patrol Overlook Trail and the permit-only parking lot. Enforce “no parking”
ordinances at the end of Overlook Drive adjacent to the Preserve.
Signs: Install “no parking” signs at the end of Overlook Drive adjacent to the Preserve. Install
appropriate regulatory signs at both ends of Overlook Trail inside the Preserve. Install “no
trespassing” signs at the Preserve boundary. Install additional informational signage as
appropriate by request and in conjunction with the MHHA.
Barriers: Install a new gate and stile on Overlook Trail past the permit-only parking lot
to prevent vehicle use of Overlook Trail.
FUNDING
The estimated cost of the proposed project is approximately $10,000, including all materials and
equipment rental. Construction of the permit-only parking lot and accompanying trailhead
improvements would be completed by District crew.
CEQA COMPLIANCE
Project Description
The project consists of the approval of a Use and Management Plan Amendment for El Sereno
Open Space Preserve to establish a 6-car permit-only parking lot at the end of Overlook Drive
past Gate ES05; issue a maximum of six permits per day and 30 permits per month; provide
enforcement of “no parking” ordinances at the end of Overlook Drive adjacent to the Preserve,
including the installation of “no parking” signs; install regulatory signage inside the Preserve;
install a new gate and stile inside the Preserve past the permit-only lot; and formally designate
Overlook Trail as open to hiking, bicycling, and on-leash dog use. The parking lot site and
design are described in Report R-08-36. The establishment of the parking lot involves minor
brushing and grading. Site improvements would consist of applying base rock, installing wheel
stops, constructing a low single-rail fence and a very short wood retaining wall, and installing a
new gate and stile. The existing and proposed recreational uses on Overlook Trail are described
above and in Report R-08-36.
CEQA Determination
For the reasons stated in Report R-08-36 and in this report, and based on the record in this
matter, the District determines that this project will not have a significant effect on the
environment and is categorically exempt from CEQA under Sections 15301 and 15304 of the
CEQA Guidelines as follows:
Section 15301 exempts the minor alteration of existing public structures or facilities, involving
negligible or no expansion of existing use. The establishment of the 6-car permit-only parking
R-08-43 Page 8
lot is a minor alteration of an existing clearing. The base rocked parking area will be
approximately 60 feet by 40 feet in size. A maximum of six cars will park at designated wheel
stops within this area. The establishment of the 6-car permit-only parking lot and formalization
of existing recreational uses on Overlook Trail will result in a negligible increase in use of
Overlook Trail and of the access roads, Overlook and Cañon Drives. Therefore, the proposed
Use and Management Plan Amendment qualifies as categorically exempt from CEQA under
Section 15301.
Section 15304 exempts minor alterations to public land that do not involve removal of healthy,
mature, scenic trees. The establishment of the 6-car permit-only parking lot will require only
minor brushing and grading. The project does not involve removal of healthy, mature, scenic
trees. The area is flat with no slopes exceeding 10%. Therefore, the proposed Use and
Management Plan Amendment qualifies as categorically exempt from CEQA under Section
15304.
The actions proposed in the Use and Management Plan Amendment are also exempt under
Section 15061, there is no possibility the actions may have a significant effect on the
environment. For the reasons stated in this report, the proposed Use and Management Plan
qualifies as exempt under Section 15061, as there is no possibility this Amendment may have a
significant effect on the environment.
PUBLIC NOTIFICATION
Property owners of land located adjacent to or within 300’ of El Sereno Open Space Preserve,
property owners in the Montgomery Highlands neighborhood (including Overlook, Cañon, and
Littlebrook Drives) and Sheldon Road neighborhood (including portions of Linda Vista Avenue,
Overlook Road, and Sheldon Road), and interested parties have been mailed written notices of
tonight’s meeting concerning this Use and Management Plan Amendment.
CONCLUSION
The District has been very responsive to neighbor concerns in proposing this minor project.
While staff understands that some neighbors do not want the northern area of El Sereno Open
Space Preserve to be visited by members of the public, the District is seeking to meet the
expectations of all of its constituents by fulfilling its mission to provide opportunities for
ecologically sensitive public enjoyment and education. The proposed Use and Management Plan
Amendment would formalize the recreational uses that are already occurring and establish a
small permit-only parking lot with de minimis visitor and vehicle use. The project will not have
a perceptible impact on the Montgomery Highlands neighborhood, and will not exacerbate the
issue of existing bicycling use on neighborhood roads. Staff concludes the project is a modest,
responsible, and lawful way to enable the District to invite a few additional users to visit an area
of the Preserve that was protected for public enjoyment at significant taxpayer cost.
Prepared by:
Andrea Christenson, Open Space Planner I
Contact person:
Same as above
R-08-42
Meeting 08-09
March 26, 2007
AGENDA ITEM 2
AGENDA ITEM
Adoption of the Action Plan for the Implementation of the District’s Basic Policy for Fiscal Year
2008-2009
GENERAL MANAGER’S RECOMMENDATION
Adopt the 2008-2009 Action Plan for the Implementation of the Basic Policy of the
Midpeninsula Regional Open Space District.
DISCUSSION
You reviewed the proposed Preliminary Action Plan at your January 30, 2008 meeting, and
changes were discussed at that time (see Report R-08-19). All of your comments and proposed
changes were discussed with the Administration and Budget Committee and incorporated into
the attached Action Plan. There are a few minor corrections recommended by Administration
and Budget Committee. You will note Board and Committee changes are reflected by
underscored and stricken-through text on individual pages and noted with a vertical line in right-
hand margin. Staff will provide a short explanation of the changes at your meeting. Following
your approval, the Action Plan will be printed in final form.
Prepared by:
Elaina Cuzick, Management Analyst
Contact person:
L. Craig Britton, General Manager
Real Property/ page 1
REAL PROPERTY DEPARTMENT
Programs
A. Land Purchase, Funding, and Negotiation
B. Property Management
C. Land Protection
To Implement the
BASIC POLICY OBJECTIVES:
The District seeks to purchase interest in the maximum feasible area of strategic open space land
within the District planning areas, including bay lands and foothills. The District seeks to link its
open space lands with federal, state, county, city parklands, and watershed lands.
General Department Emphasis for 2008-2009
The Department’s emphasis will be to purchase lands funded under the District's Financing
Authority that are critical to fill-in and complete the open space greenbelt. Other open space
land purchases will be pursued through available grant funding, bargain sales, gifts and long-
term options. The District will continue to work diligently with Peninsula Open Space Trust
(POST) to purchase land and to further the District’s overall open space land purchase goals
especially within the Coastal Protection Area of San Mateo County. The Property Management
Program will focus on maximizing rental income consistent with Open Space Management
policies, working with Operations and Planning Departments to implement grazing and
agricultural leases, assessing viability of retaining structures or make recommendations to the
Board for their disposition, and maintaining and improving District rental structures as needed.
The Land Protection Program will focus on conducting comprehensive land purchase studies,
monitoring land use planning activities where interests in land may be enhanced, and protecting
District interests in land by resolving conflicts arising from easement and encroachment issues.
The Department will continue to work on improving communications with other departments to
enhance the District’s work environment. As a result of the approval of the Water Quality,
Safety and Supply, Flood Control, Natural Resource Protection Park Improvements Bond Act of
2006 (Proposition 84), the District will apply for competitive grants to maximize available grant
funding.
Staff Resources
(Regular, full-time positions, unless otherwise indicated)
Real Property Manager
Senior Real Property Planner
Real Property Specialist (2)
Administrative Assistant
Real Property/ page 2
2008-2009
A. Land Purchase Funding and Negotiation
Objective
To provide for the purchase of all real property rights necessary to secure an open space
greenbelt in the coastal area, foothills, and bay lands, including rounding out and improving
public access to existing preserves and connecting District preserves with other public lands.
Key Projects
1. New Land Commitments – Convert the budgeted funds in the New Land Commitments
budget category into open space lands at desirable prices, focusing on properties which
are critical to protecting the greenbelt, including rounding out and improving public
access to existing preserves, connecting to other preserves and to other public lands,
protecting natural habitat and resources, and furthering the completion of the Bay Area
Ridge Trail and the San Francisco Bay Trail. Work with POST to purchase the POST
(Mindego Ranch) property as a key addition to the Russian Ridge Open Space Preserve
Pursue properties providing a connection from Purisima Creek Redwoods Open Space
Preserve including the POST (Lobitos Ridge, Blue Brush Canyon & Purisima Farms
Uplands properties) to the San Mateo Coast. Balance the desirability of potential
purchases with the availability of budgeted funds, including, if possible, private financing
with favorable terms.
2. Land Purchase Grant Projects – To augment land purchase funds, explore new grant
opportunities, focusing on highly competitive land purchase projects for specific grant
programs. Seek new grant funds through existing grant programs such as Land and
Water Conservation Fund, Habitat Conservation Fund (HCF), Coastal Conservancy’s
regular and San Francisco Bay Area Programs, Recreational Trails Program, Wildlife
Conservation Board, and Bay Area Ridge Trail grants. Pursue grant applications with
California Coastal Conservancy to help purchase properties that complete the Purisima to
the Sea Trail Connection, extend Russian Ridge Open Space Preserve (POST Mindego)
to the west, and create staging and loop trail opportunities at Mills Creek Open Space
Preserve (POST Madonna Creek). Pursue legislative extension of Habitat Conservation
Fund grant project for property addition to Purisima Creek Redwoods, and pursue
Habitat Conservation Fund assistance to secure valuable habitat properties along the
Purisima to Sea Trail corridor. Pursue grant opportunities with the Santa Clara Valley
Water District for property additions to Sierra Azul and El Sereno Open Space Preserves.
Implement remaining Proposition 40 Bond Act Per Capita Grant funding for property
addition to Russian Ridge Open Space Preserve and apply for related competitive grants
as they become available under Proposition 84.
3. Gifts, Bargain Sales and Joint Land Purchases – Augment land purchase funds,
explore bargain sales and/or gifts where possible. Complete joint land purchase projects
with Santa Clara County Parks in Stevens Creek Canyon and the Moody Gulch property
as an addition to Bear Creek Redwoods Open Space Preserve. Work closely with POST
Real Property/ page 3
to pursue purchase of open space that provides potential regional and coastal lands,
including a key addition to the Russian Ridge Open Space Preserve (POST Mindego).
Work with the City of Saratoga and the County of Santa Clara on land purchase project
along the Highway 9 scenic corridor. Continue to pursue gifts or purchase of delinquent
property tax sales of the “paper subdivision” lots in the Redwood Park subdivision to
round out the Purisima Creek Redwoods Open Space Preserve and lots in the Hacienda
Park subdivision to round out Sierra Azul Open Space Preserve.
4. Alternative Land Purchase Methods – Obtain Board approval of appropriate options, at
market prices or less, to purchase desirable properties that might be affordable through
grant applications in future years. Explore various alternative terms of purchase
(installment purchases, defeasable fee, exchange of agricultural easements to preserve
open space lands, etc.) to offer advantages and incentives to landowners, as well as cost
savings to the District. Complete fee and easement exchange on lands adjacent to Monte
Bello and Fremont Older Open Space Preserves. Pursue fee and easement exchange to
link the Bay Trail between Ravenswood Open Space Preserve (SFPUC) to U.S. Fish and
Wildlife Preserve to the north.
Other Projects and Activities
1. Work with Operations and Planning Departments to view new properties being
considered for purchase and help assess management issues and costs associated with
these lands.
2. Maintain a multi-year spending plan for open space land purchases that optimizes use of
cash and borrowed funds to accomplish land purchase goals within budget constraints.
3. Work closely with Legal Program to draft purchase agreements and related real estate
documents to clear and perfect title on District open space lands.
4. Assist Planning, Operations, Administration and Public Affairs Departments, where
appropriate, with policy development review as a result of the approved Coastal
Protection Program.
5. Work jointly with Planning and Operations Departments to transition responsibility for
planning, management, and operation of newly purchased lands. Assist with structure
disposition and site remediation efforts.
6. Prepare policy recommendations for inventoried Land Conservation Contracts
(Williamson Act) on District lands in San Mateo County.
7. Explore additional methods to protect open space lands for less than the total cost of fee
land purchases (open space easements, purchase of development rights, development
dedication, exchange or sale of development rights, cooperation with private individuals,
land trusts, groups, etc.).
Real Property/ page 4
8. Encourage other agencies to purchase through various means, including grants, park and
open space lands that are consistent with their goals and which complement the District’s
greenbelt program.
9. Initiate and maintain contacts with landowners, real estate appraisers and brokers,
developers, architects, engineers, zoning and planning officials, and financial institutions.
10. Maintain a relocation assistance program utilizing staff and consultants as necessary.
11. Compile current information on real estate market activity, including ordering
preliminary title reports on a timely basis for research into potentially available
properties.
12. Catalog information of special interest, such as deed restrictions, encumbrances,
financing and tax considerations. This activity includes the establishment and
continuation of a working relationship with title companies and other information
sources.
13. Review and organize District funding measure files and complete necessary
documentation required for past public refinancings.
14. Continue working with Legal Services and the Planning Department to pursue global
solutions to streamline the purchasing and planning processes, including: a
Memorandum of Agreement with San Mateo County to identify land purchases that are
exempt from the requirements of the Subdivision Map Act, and a Memorandum of
Agreement with San Mateo County clarifying the consistency of District land purchases
with the County General Plan.
15. Work with Legal Services to oversee the operation and management the Guadalupe Land
Co. in Sierra Azul Open Space Preserve, and investigate a grant of conservation
easement to appropriate land trust or government agency.
16. Purchase the final section of the Bay Trail between Palo Alto Baylands and the
Ravenswood Open Space Preserve.
17. Work with Administration and Operations Departments to streamline and implement
assessment agreement for San Mateo County Mosquito Abatement District. Continue to
work with Operations and Administration Departments on Coastside Protection Program
agreements with La Honda Pescadero Unified School District and San Mateo County
Fire to pay and track service fees for existing and new land purchases on the coast.
18. Continue to promote positive employee relations and effective workplace
communications within the department and throughout the District.
Real Property/ page 5
2008-2009
B. Property Management Program
Objective
To manage all of the District's revenue-producing activities in such a way as to maximize income
from property management accounts consistent with open space management policies,
incorporating compatible new programs when possible.
Key Projects
1. Property Management Accounts – Administer rental accounts, communication, and
agricultural leases, consistent with open space management policies, maintain and
enhance revenue stream through competitive and current rate structure, effective
maintenance programs, and communication with tenants.
2. Rental Structures – Carry out maintenance and improvements to rental houses to keep
buildings and grounds in a safe, sanitary, and attractive condition and to increase net
rental income. Continue annual inspection of District rental and employee residences in
conjunction with Operations Department. Administer long-term and recurring
maintenance priorities on rental properties. For structures with no feasible alternative
use, Wwork with Planning and Operations Departments to assess the economic viability
of maintaining marginal rental structures and make recommendations to the Board for
their disposition of at Long Ridge, Russian Ridge and Monte Bello Open Space
Preserves.
3. Historic Leases – As part of the new historic Picchetti Ranch Lease, work with
Operations and Planning Departments to monitor compliance with Site and
Implementation Plan. Oversee lease compliance and renovation requirements at the
historic Thornewood estate, and Fremont Older house.
4. Grazing, Agricultural, and Other Leases – Work with Operations and Planning
Departments to monitor Grazing Leases at the Driscoll Ranch property addition to La
Honda Creek Open Space Preserve, at Tunitas Creek Open Space Preserve, and at the
former Big Dipper Ranch area of Skyline Ridge Open Space Preserve. Work with
Operations and Planning Departments to implement an interim Grazing Lease at
Russian Ridge Open Space Preserve (POST Mindego Ranch) in accordance with the use
and management process. Negotiate long-term Agricultural Lease for Chestnut Orchard
at the Skyline Ridge Open Space Preserve, and complete Lease Amendment to the
Agricultural Lease for Christmas Tree Farms at Skyline Ridge and Monte Bello Open
Space Preserves. As part of the Bear Creek Redwoods Master Plan, work with Planning
and Operations Departments to negotiate a long-term lease arrangement and site plan
with existing stable tenant.
Real Property/ page 6
Other Projects and Activities
1. Prepare annual rental surveys on District rental housing and employee residences. Work
with Operations and Planning Departments to maintain and improve employee residence
structures.
2. Maximize communication lease income at existing PG&E tower at Pulgas Ridge Open
Space Preserve, at Black Mountain in Rancho San Antonio Open Space Preserve and at
Rolfe Repeater Site at Russian Ridge Open Space Preserve. Negotiate Lease Options
with Sprint at P ulgas Ridge Open Space Preserve and with San Mateo County at the
Rolfe Repeater Site at Russian Ridge Open Space Preserve.
3. Assist Operations and Planning to renovate potential future employee residence at
Driscoll Ranch property addition to La Honda Creek Open Space Preserve. Work with
Operations to monitor Driscoll Ranch residences as part of 50-year grazing lease.
4. Investigate new Property Management proposals as initiated by other groups or
individuals that would be compatible with District goals and objectives.
5. Administer lease extension of tenant office space at 330 Distel Circle. Assist Planning
and Administration Departments with planning for expansion into the tenant-occupied
portion of the Distel office building.
Real Property/ page 7
2008-2009
C. Land Protection Program
Objective
To preserve and protect District open space lands by conducting land purchasing planning
activities to identify purchasing priorities and, once purchased, to further protect District lands
from incompatible and encroaching land use activities.
Key Projects
1. Land Conservation Planning – Provide comprehensive land conservation planning and
analysis to guide the land purchase program, including reviewing and updating purchase
priorities. Conduct subregional planning studies in the areas surrounding Russian Ridge,
Mills Creek, Purisima Creek Redwoods, Monte Bello, Teague Hill, and Ravenswood
Open Space Preserves, including portions of the planned California Coastal Trail, Bay
Area Ridge Trail, Stevens Creek Trail, and San Francisco Bay Trail.
2. Property Rights Protection – Preserve District real property rights, including fee
interest and easement rights. Resolve property rights disputes at the Monte Bello
(Lysons) and Sierra Azul Open Space Preserves. Coordinate closely with Operations and
Legal Services to defend the District’s interests in property rights disputes.
3. Encroachment Resolution – Protect open space lands from encroachments. Resolve
encroachment issues through a variety of means, including abatement compliance,
obtaining restoration or mitigation of damaged or affected areas, exchanging land or
other property interests, and boundary line adjustments in order to maximize open space
protection. Resolve encroachment issues at Thornewood, El Sereno, Saratoga Gap, Mills
Creek and Sierra Azul Open Space Preserves. Coordinate closely with Operations and
Legal Services to defend the District’s interests in property rights disputes.
4. Conservation Easement Monitoring Program –Oversee the District’s conservation
easement monitoring program, enforce easement terms and conditions, and prepare
baseline reports for new conservation easements, utilizing volunteers as appropriate.
Incorporate any newly purchased conservation easements into the monitoring program.
Work with San Mateo and Santa Cruz County Recorder’s and Assessor’s offices to
ensure all District conservation easements are documented in the Recorder’s database and
described on the Assessor’s parcel maps in compliance with Section 27255 of
Government Code.
5. Master Plan Implementation – Assist Planning and Operations Departments to
implement the La Honda Creek Open Space Preserve Master Plan, and the Sierra Azul
and Bear Creek Redwoods Open Space Preserve Master Plan, as identified in the adopted
implementation matrix.
Real Property/ page 8
Other Projects and Activities
1. Update land purchase and site dedication information. Continue to implement the Real
Property Database linking the historic and current Assessor’s Parcel Numbers in Santa
Clara, San Mateo and Santa Cruz Counties with the Planning Department’s GIS database.
2. Provide site-planning information to assist in developing terms and conditions for
negotiating land purchases.
3. Prepare Board reports for property purchases, and conduct due diligence investigations as
necessary. Collaborate with Planning and Operations Departments to facilitate
incorporation of newly purchased land into the District greenbelt, including resolving
property line disputes.
4. Assist the Operations and Planning Departments in preparing grazing leases and in
screening and selecting tenants for existing, and new District lands where grazing is a
desirable land management tool.
5. Work with Operations Department in negotiating road agreements with adjoining
property owners to ensure District's real property rights are protected and to minimize the
District's maintenance responsibilities as appropriate.
6. Assist Planning Department in monitoring proposed land development or land use
changes that could negatively impact public or private open space lands in and around the
District preserves. Participate in the local development review process to encourage
dedications, exchanges, or purchases of land or easements for open space purposes where
there is a relationship to the District’s land protection interests.
7. Develop encroachment procedural guide to assist staff in resolving encroachment issues
on District land. In coordination with Legal Department, research encroachment
ordinances adopted by other resource management agencies for possible application in
developing a District encroachment ordinance to present to the Board.
8. Work with Planning and Legal Departments to update Use and Management Planning
Process.
Planning/Page 1
OPEN SPACE PLANNING DEPARTMENT
Programs
A. Advance Planning and Geographic Information Systems
B. Resource and Stewardship Planning
C. Public Access Improvements and Staff Facilities
To Implement the
BASIC POLICY OBJECTIVES:
The District follows management policies that ensure proper care of the land, provide
public access appropriate to the nature of the land, and that are consistent with ecological
values and public safety.
The District works with, and encourages, public and private agencies to preserve,
maintain and enhance open space.
The District protects and restores the natural diversity and integrity of its resources for
their value to the environment and the public, and provides for the use of the preserves
consistent with resource protection.
General Department Emphasis for 2008-2009
Planning efforts will focus on providing new public access opportunities while preserving
and protecting the diversity and integrity of the District’s natural and cultural resources.
Planning staff will concentrate their efforts on completing a number of significant
projects that are underway. Key advance planning projects will include completing
master plans for Sierra Azul / Bear Creek Redwoods and La Honda Creek Open Space
Preserves. Staff will continue to focus on obtaining permits and construction of new
staging areas at El Sereno and El Corte de Madera Creek Open Space Preserves.
Resource planning efforts will focus on completion of the 5-Year Resource Management
Strategic Plan (during the agreed upon “transition” year), completing agreements with the
resource agencies to streamline project permitting, and initiation of remediation planning
at La Honda Creek, Sierra Azul, and Russian Ridge Open Space Preserves.
Staff Resources
Planning Manager
Senior Planner
Senior Resource Planner*
Resource Planner II
Open Space Planner II (2)
Geographic Information Systems Coordinator
Open Space Planner I (2)
Resource Planner I
Planning Technician (2)
Administrative Assistant
GIS Intern (1/2)
Planning/Page 2
*Position subject to formulation of Resource Program staffing and organization plan
2008-2009
A. Advance Planning and Geographic Information Systems
Objectives
To formulate plans, policies and procedures for the management and development of
open space preserves. Develop and maintain Geographic Information System (GIS) data
sets necessary to support projects throughout the District.
Key Projects
1. Coastside Protection Program – Work with Board and stakeholders to amend
elements of the District’s Basic Policies in accordance with the Service Plan
conditions of approval. Begin research, agency outreach, and GIS data
development necessary to update the District-wide Master Plan and Regional
Open Space Study.
2. Master Plans – Work with stakeholders, Board and staff to complete 30-year
master plans for the two planning areas. Complete CEQA review of the preferred
alternative. Unique elements of the two master plans include:
• La Honda Creek Open Space Preserve. Incorporate Driscoll Ranch into the
planning process, establish a conservation grazing program, and integrate
endangered species habitat protection with public access.
• Sierra Azul/Bear Creek Redwoods Open Space Preserves. Identify a new
field office location, confirm long-range vision for Mt. Umunhum, and
address disposition of former Alma College buildings. Pending grant funding,
assess the condition of the former Alma College site and establish priorities
for potential site rehabilitation and public access improvements. Assist the
Real Property Department in preparing a lease for Bear Creek Stables.
3. Russian Ridge Comprehensive Use and Management Plan – Begin preparing a
comprehensive resource inventory of recent property additions to the Preserve
(POST Mindego Ranch and former Rapley property), initiate a conservation
grazing assessment, and conduct preliminary research to identify potential staging
areas and regional trail connections.
4. Accessibility Plan for Trails ADA Compliance – Evaluate the District’s current
Accessibility Plan. Coordinate with Operations Department to identify
maintenance improvements and opportunities to enhance accessibility, and with
the Public Affairs Department to assist with outreach efforts. Revise and present
Accessibility Plan to Board.
5. GIS Development –Finalize procedures to facilitate collection of field-based data
and better integrate special-status species locations and other resource information
Planning/Page 3
into the GIS database. Update database with the latest resource and parcel data,
prepare a comprehensive catalog of the District’s data, and provide GIS and GPS
training to staff. Develop a prototype brochure map using GIS software. Assist
the Operations Department in determining the cost/benefit of developing a land
management and maintenance database that integrates with the District’s GIS.
Other Projects and Activities
1. Continue to promote positive employee relations and effective workplace
communication within the department and throughout the District.
2. Land Purchase Support – Provide support on key land purchase projects as requested,
including property site assessments, interim use recommendations, and CEQA
review. Incorporate land purchases and site dedication information into the District’s
GIS. Update the Use and Management Planning process to comply with Service Plan
requirements, and work with Counties to streamline the land purchase process. Assist
with interagency and stakeholder coordination and planning for new properties in
accordance with Coastside Service Plan requirements. Assist with structures
assessment and determination projects.
3. Land Protection Support – Provide support to determine remediation and restoration
of land and resources damaged through encroachments.
4. Work with the Public Affairs Department to support key public outreach events.
Assist in the design of interpretive programs at the Red Barn and Daniels Nature
Center/Alpine Pond. Collaborate with the Web Content Coordinator to post
information to the website and explore opportunities to expand use of the website to
share maps, geographic data, and planning information.
5. Standard Details and Specifications – Work with the Operations Department to
complete handbook of technical standards and Best Management Practices (BMPs)
for construction, repair, and maintenance of roads, trails, and other improvements.
6. Permits to Enter – Review alterations to District land or installation of facilities
proposed by other agencies or private parties in conjunction with Real Property
Department. Develop permit conditions to ensure protection, preservation, or
restoration of the affected lands. Work with Operations to monitor activities to
ensure compliance with conditions.
7. Stevens Creek Shoreline Nature Study Area Remediation and Restoration – Work
with Legal Counsel to represent the District’s interest in the U.S. Navy’s proposed
toxic cleanup of Moffett Air Field Site 25 to a standard permitting restoration of the
District’s property to tidal wetlands.
8. Regional Trail Connections – Coordinate with Real Property staff to survey and
record a trail connection location between St. Joseph’s Hill and Sierra Azul. Evaluate
the feasibility of aligning the proposed Juan Bautista de Anza National Historic Trail
Planning/Page 4
through Rancho San Antonio Open Space Preserve (grant-funded by the National
Park Service). Coordinate with San Mateo County to explore design and funding
options to upgrade upper Alpine Road and abandon the County Right of Way.
Complete design and initiate permitting on a trail to bypass the major Alpine Road
landslide.
9. Outside Project Review – Review agendas and minutes of Cities, Counties, Special
Districts, and other agencies. Comment on site-specific projects within close
proximity to, or that affect District lands. Review other agencies’ policies and
regional planning efforts, and comment as necessary to ensure regional coordination
and implementation of the District’s mission.
• San Francisquito Creek Joint Powers Authority Activities
• Peninsula Highway Corridor Study
• South Bay Salt Pond Restoration (Former Cargill lands)
• TMDL Process for San Gregorio, Pescadero, Guadalupe and San Francisquito
Creek Watersheds
• San Jose Water Company Timber Harvest Plan
• Bay Area Open Space Council Green Vision Plan
• San Mateo County Trails Master Plan
• San Mateo County General Plan
10. Unanticipated Projects – Provide research and planning for unanticipated projects that
may arise due to new land purchases, resource agency actions, regional planning
efforts, and other activities.
11. Off-leash Dog Policy – Conduct research on user and resource conflict issues;
research other local agencies’ policies and programs, solicit public input, and begin
drafting a policy for Board review.
2008-2009
B. Resource and Stewardship Planning
Objectives
To protect the District’s natural and cultural resources and ensure regulatory compliance
by maintaining up-to-date resource inventories and conducting environmental
assessments and other focused scientific study of the District’s lands. To prepare
environmental restoration, habitat enhancement and resource management plans in
conjunction with the Operations Department.
1. Resource Management Strategic Plan – Work with the staff, public, and the Board
to update the five-year plan to guide resource planning and management activities
from FY 2009-2014. Address the organizational structure, staff roles and
responsibilities, and infrastructure needs necessary to implement the Plan.
Planning/Page 5
2. Resource Policy Development – Coordinate with Operations to prepare draft
wildland fire management and cultural resources policies for review by Board. Bring
all of the recently drafted policies to the Board for final approval and CEQA
determination.
3. Conservation Grazing Program Development – Prepare an interim Grazing
Management Plan for new property additions to Russian Ridge Open Space Preserve
(POST Mindego Ranch). Assess grazing infrastructure needs at La Honda, Tunitas,
Russian Ridge, and Skyline Ridge Open Space Preserves and implement high priority
projects. Assist the Real Property and Operations Departments to monitor the grazing
leases at Skyline Ridge and Tunitas Creek Open Space Preserves.
4. Resource Agency Permit Streamlining – Continue working with appropriate
agencies, including San Mateo County, to refine and streamline the environmental
review and permitting process for District projects. Complete the Memorandum of
Agreement with the Regional Water Quality Control Board and the US Army Corps
of Engineers for routine maintenance and drainage facility improvements. Cross-train
representatives from the Operations Department in preparing and obtaining permits
for maintenance projects and small improvements that are not part of the Capital
Improvement Program.
5. Pond Management Plan – Coordinate with the U.S. Fish and Wildlife Service and
the California Department of Fish and Game to complete the pond management plan
for Driscoll Ranch. Conduct surveys and habitat assessment for the San Francisco
garter snake. Develop plan as template for use in future pond management planning
efforts.
6. Environmental Remediation – Complete site characterization at Driscoll Ranch and
Mindego Ranch to define more precisely the extent of contamination. Coordinate
with resource agencies to determine necessary remediation activities and prepare
plans and associated CEQA documentation. Pending grant funding, contract for
preparation of a mercury remediation plan for the Hicks Flat area of Sierra Azul Open
Space Preserve. Continue participating in the Guadalupe Creek Watershed TMDL
process to identify further remediation requirements, if any. Review soil sampling
and contamination investigations completed to date at Mount Umunhum to support
lobbying efforts for cleanup funding by the Federal Government.
Other Projects and Activities
1. Regional Resource Inventory – Continue ongoing studies and data collection to
complete a District-wide GIS inventory of natural and cultural resources that supports
Resource Management and Planning activities. Staff anticipates that this project will
continue annually.
2. Road and Trail Design Improvements* – Implement Prop 50 (Coastal Non-point
Source Pollution Control Program) grant-funded erosion control projects at
Thornewood and Los Trancos Open Space Preserves. Coordinate with grant partners
to identify and prioritize implementation projects at La Honda Creek Open Space
Planning/Page 6
Preserve per the Prop 40 (Integrated Watershed Management Program) grant-funded
watershed assessment. Prioritize projects for planning and design at Windy Hill and
Coal Creek Open Space Preserves based on results of San Francisquito Creek
Watershed Roads and Trails Assessment.
3. Small Grants Program – Coordinate with the Operations and Public Affairs
Departments to solicit grant proposals designed to inform guide the District’s land
management decisions, and administer the program.
2008-2009
C. Public Access Improvements and Staff Facilities
Objectives
To emphasize preservation and enhancement of resources in Use and Management Plans
and in the design of public access improvements. To give the highest priority to resource
protection projects and grant-funded construction projects.
Public Access Improvements
1. El Corte de Madera Creek Watershed Protection Program – Continue planning,
design, and phased implementation of priority road and trail upgrades and water
quality protection measures. Year-five projects:
• Coordinate with Operations to complete Giant Salamander Trail realignment and
contract for construction of new bridge
• Contract for the conversion of El Corte de Madera Creek Trail from road-width to
single-track trail width and install new bridges
• Continue water quality monitoring to identify and measure sediment movement
through Preserve
• Complete the Leaf Trail realignment
2. El Corte de Madera Creek Staging Area* –Finalize plans and specifications for the
staging area and Bay Area Ridge Trail segment. Secure permits and pursue grant
funding for construction.
3. Thornewood Trail Improvements – Coordinate with Operations Department to
construct the new Bridle Trail. Coordinate with Legal and Real Property
Departments to finalize the Schilling Lake Trail remediation plan.
Other Projects and Activities
1. Fremont Older Staging Area – Continue working with Real Property and Legal
Counsel to prepare a plan for the relocation / reconfiguration of the staging area as
part of a land exchange agreement and legal settlement. Explore the feasibility of
relocating the staging area to an adjacent property, pending land negotiations.
Planning/Page 7
2. El Sereno Permit Lot – Pending Board review and approval, coordinate with
Operations to construct a six-car permit staging area at the end of Overlook Drive.
3. Pescadero Creek Watershed Roads and Trails – Pending grant funding, prepare plans
and specs and submit permit applications for watershed protection projects.
4. Windy Hill Improvements – Complete design of a wildlife observation deck at Sausal
Pond and submit plans to Town of Portola Valley.
5. Alma College Site Conditions Assessment – Pending grant funding from the Santa
Clara County Historical Heritage Commission, assess historical and structural
integrity of buildings and landscape features, and prepare treatment recommendations
for use of the site. Initiate site specific public access planning and identify priority
capital improvement and feasible structural rehabilitation projects.
6. Stevens Canyon Ranch Historic Resources Assessment – Pending grant funding from
the Santa Clara County Historical Heritage Commission, assess historical and
structural integrity of buildings and landscape features, and prepare treatment
recommendations for use of the site. Initiate site specific public access planning and
identify priority capital improvement and structural rehabilitation projects.
7. Miscellaneous Repair, Restoration and Other Projects
• Fremont Older Road Repairs – Pending permits, contract for Regnart Road
culvert replacement. Assist Operations staff in realigning the steep section of
Woodhills Trail.
• Long Ridge Road Repairs – Coordinate with Operations to implement high
priority repairs along School and Ward Roads (pending field staff availability).
• Russian Ridge Road Repairs – Submit permit applications to replace drainage
structures and upgrade Rapley Ranch Road. Coordinate with Operations
Department to replace culverts at the former Smith and Quam property driveways.
• Skyline Road Repairs – Implement road surface drainage and stream crossing
improvements to upgrade the patrol access road, which also provides access to the
inholding at Big Dipper Ranch.
• Provide permitting assistance on a variety of road and trail improvement projects
to determine the need for resource agency permits and consultation.
• Conduct road and trail erosion assessments at Rancho de Guadalupe and Bear
Creek Redwoods Open Space Preserve to identify necessary upgrades prior to
opening sites to the public.
Planning/Page 8
Staff Facilities
1. Skyline Field Office –Prepare plans for expansion of field office. Coordinate
with Operations and Real Property departments in preparation of a long-range
strategic plan for the field offices to meet staff, equipment, and storage needs.
2. Administration Office Improvements and Build-out – Prepare plan for office
build-out, improvements, and landscaping; determine feasibility and cost of
adding solar panels. Secure permits and begin project implementation.
3. Driscoll Ranch House Improvements – Assist Real Property and Operations
Departments to determine improvements necessary to upgrade District house for
use as an employee residence. Contract for necessary structural and utility
upgrades.
*Denotes grant-funded project
Administration/Page 1
ADMINISTRATION DEPARTMENT
Programs
A. Administration
B. Human Resources
C. Legal Services
To Implement the
BASIC POLICY OBJECTIVE:
Efficiently and effectively administer the affairs of the District on behalf of the public so as to
maximize accomplishment of the goals and objectives of the District within existing financial,
legal and other constraints.
General Program Emphasis for 2008-2009
Continue to support the District-wide efforts for improving leadership, supervisory and
communication skills among all staff, including opportunities for employee input, in order to
enhance employee morale and the District’s work environment. Foster staff participation in
carrying out the District’s short and long-term goals and objectives. Maintain the District’s
viability as an open space acquisition and management agency, and support the Coastal
Protection Program implementation.
Staff Resources
(Regular, full-time positions unless otherwise indicated)
General Manager
General Counsel
Controller (25% time)
Assistant General Counsel
Administrative Assistant (50% time)*
Administration/Human Resources Manager
Management Analyst – Human Resources
Human Resources Technician
Management Analyst – Administration
Network Specialist
Senior Administrative Assistant
Receptionist/Administrative Clerk
Senior Accounting Specialist
Accounting Clerk
*Administrative Assistant (50% time) – Proposed new position to support the Board-appointed
General Manager and General Counsel positions.
Administration/Page 2
2008-2009
A. Administration Program
Objective
To provide overall coordination, direction and administration of all District activities so as to
maximize the accomplishment of the Board’s policies and directives, implement the Action Plan
and promote the District’s viability and visibility as an open space land purchase and
management agency.
Key Projects
Administration
1. New General Manager Transition/Orientation – Assist the new General Manager in
transitioning into his/her new position at the District.
2. Administrative Office Expansion – Assist the other Departments in planning, coordinating
and implementing the Administrative Office expansion. Provide hardware and software
solutions and computer wiring in support of the expansion.
3. District “Green Environment Initiatives” – Administer and coordinate District-wide
“green environment” initiatives such as the installation of solar panels, use of green building
materials for the Administrative Office expansion, promoting the purchase and use of
recycled products and purchase of hybrid or alternative powered vehicles and fuel.
4. Action Planning Meeting – Schedule and convene an annual sSpecial Board mMeeting
during the budget process to specifically review and discuss each department’s proposed
preliminary Action Plan for the following fiscal year., prior to commencement of the budget
process.
District Clerk
3.5.November 2008 Board Elections – Administer and coordinate District Board elections
(Wards 3, 4 and 7) in November 2008 with San Mateo and Santa Clara County Election
Offices.
4.6.Records Management System – Evaluate recommendations from records management
consultant and develop a records management policy to increase efficiency in file retrieval
and reduce hard copy storage. Develop project plan and timeline and secure funding to
implement consultant recommendations including protection of important District records,
files and other documents from fire and other damage.
5.7.Policies and Procedures Manuals - Develop, organize and update staff and Board policy
and procedure manuals for all Departments and the field offices.
Administration/Page 3
6.8.Boardroom Audio/Recording System and Chairs – Evaluate operating condition of the
District’s outdated aging audio, and recording system and chairs in the Boardroom and the
portable sound system. Plan and implement project to replace equipment and chairs if
necessary.
Finance and Accounting
7.9.District Funding – Continue to provide multi-year information/scenarios on District’s short
and long-term finances, including bonded indebtedness and cash flow. Continue to monitor
the availability of grant funds for major land purchase and development projects. Continue to
pursue alternate sources of additional funding for land purchases throughout the District,
including the newly annexed Coastside Protection Area and open space management needs.
Research the need for and financial impacts of additional borrowing for land purchases.
Information Technology
8.10. Connect Field Offices to Administrative Office via Virtual Private Network (VPN) -
Complete project to link field offices to the Administrative Office to allow access to key
files, forms, records, databases and other information via a District intranet. Create and
install e-mailboxes for field personnel.
9.11. Back-up Systems for Computer Server and Website – Design and implement a back-
up system for the computer server for both the Administrative Office and field offices to
protect against loss of data and information stored on the District network. Work with the
Public Affairs Department to research and implement a back-up system for the District’s
website.
10.12. Upgrade Software - Upgrade the District’s computer systems to MS Windows XP Pro
and MS Office 20032007.
11.13. Phone and Voice Mail System – Evaluate options for the replacement of the District’s
phone and voicemail system. Develop project to replace system if necessary.
Other Projects and Activities
Administration
1. Resource Management - provide analysis and recommendations on budgeting and
organizational structure and staffing for increased resource management efforts.
2. Continue to foster a management team approach for overall management of the District’s
activities.
3. Ombudsperson – Facilitate communication and staff assistance as needed to support the
Ombudsperson program and renew the existing contract or recruit for a new Ombudsperson
as necessary.
Administration/Page 4
3.4.Evaluate the current process and impact to staff of providing back-up coverage of the front
lobby receptionist position. Develop and implement new process to improve front lobby
coverage and minimize staffing impacts to Support Team members.
4.5.Plan, organize and coordinate annual District events: Staff Recognition, State-of-the District
and Holiday events on behalf of the Board and staff. Lead the staff activities of the “Fun”
Committee. Plan and coordinate other staff events as needed.
6. Assist the Board of Directors in the planning of annual special Board meetings(s) to be held
as part of the Board’s “Good Neighbor Policy” including Coastal meetings.
5.7.Provide administrative support for Coastside Protection Program agreements with the La
Honda Pescadero Unified School District and San Mateo County Fire Department and track
the long-term financial impacts of additional land purchases on the coast.
6.8.Continue use of recycled products, whenever feasible, in accordance with the District’s
purchasing policy.
7.9.Write and revise current Administrative Policies and Procedures as needed, including seeking
employee input and participation as part of the process.
District Clerk
8.10. Coordinate preparation and distribution of all materials for the Board’s regular and
special meetings including posting all materials on the District website.
9.11. Develop a procedures manual for all administrative processes related to the District Clerk
function and responsibilities.
10.12. Evaluate the cost effectiveness of leasing office equipment at the main office. Explore
feasibility of purchasing equipment in the future to reduce overall cost.
Finance and Accounting
11.13. Implement GASB 45 actuarial results by designing pre-funding program to finance the
District’s current and future retireement benefit obligations. Set aside annual pre-funding
appropriation in the District’s operating budget.
12.14. Continue to monitor the state budget and post-Proposition 1A activities relative to the
health of the District’s finances and budget.
13.15. Provide financial management and accounting services, investment of cash assets and
ensure compliance with new and existing government accounting standards and generally
accepted accounting principles.
Administration/Page 5
14.16. Facilitate and coordinate the annual year-end audit with new auditing firm. Prepare
materials for annual audit.
15.17. Coordinate with Planning and Real Property Departments regarding complying with
grant reporting and tracking requirements.
Budget Administration
16.18. Manage, monitor and revise the District budget. Coordinate the annual and mid-year
budget processes with the Administration and Budget Committee, Board, staff and all
departments.
17.19. Continue to monitor and assure compliance with purchasing policies and budget control
through review of all purchases and training of staff on District policies and procedures.
18.20. Provide analysis and recommendations on budgeting, organizational structure and
staffing for District departments and projects as needed.
19.21. Coordinate the annual Action Plan development and program evaluation processes.
Risk Management/Contract Administration
20.22. Provide training, policy development and other proactive risk management prevention
and awareness processes as recommended by CalJPIA.
21.23. Develop training and easy-to-use guidelines on contract administration and insurance
requirements for staff.
Information Technology
22.24. Continue to service, maintain and upgrade the District’s network and computer systems
as needed to increase efficiency and reliability.
23.25. Provide day-to-day technical support and ongoing training to all staff and field offices
regarding District network and computer systems.
24.26. Fund and continue implementation of the District’s integrated database program.
25.27. Continue implementation of the District’s digital image library.
Other Projects and Activities Time/Resources Permitting
1. Conduct inventory of District network and computer systems and standardize software
applications for each department.
Administration/Page 6
2. Develop a managed computer network system to centrally monitor our internal network,
wireless network and field office networks.
3. Develop a District policy and guidelines for administering contracts.
Administration/Page 7
2008-2009
B. Human Resources Program
Objective
To administer and coordinate the District’s human resources function and activities to enhance
the overall quality and effectiveness of the District’s work environment for all employees.
Key Projects
1. Pre-employment Hiring Processes - Develop “best practice” policy and procedures to
consider requiring pre-employment physical examinations, drug screening and criminal
history fingerprint checks when appropriate for all employment candidates.
2. Web Based Online Application Program – Install and implement a new web based online
application program through the public agency JPA CalOpps to allow employment applicants
to apply online, automate the recruitment process and reduce paper volume and staff time.
3. Ethics Training for Board members – Facilitate and coordinate mandatory ethics training
for Board members this fiscal year in compliance with AB 1234.
3.4.Performance Evaluation Standards - Design and implement new performance evaluation
forms. Train all supervisors on the new forms and appraisal methods. Assist all departments
with timely and equitable evaluations.
4.5.Storage of Confidential Files – Identify a secure and separate storage area for the District’s
human resources and personnel files as part of the Administrative Office expansion. Transfer
files to new location to provide better access by Human Resources staff.
Other Projects and Activities
1. Continue to facilitate the District’s Employee Relations/Organizational Communications
Program. Coordinate, monitor and support positive employee relations and effective
organizational communication. The program consists of methods for improving
communication among all employees and management staff; employee input opportunities;
enhancing management, supervisory, leadership and communication skills; and maintaining a
greater emphasis on people management versus task management.
2. Plan and conduct recruitment processes for all vacant positions in order to fill vacancies as
soon as possible. Ensure consistency in hiring procedures. Provide a comprehensive new
employee orientation for all new employees.
3. Administer compensation and benefit programs for all employees. Evaluate District benefit
programs to determine if improved benefits can be offered to employees at a lower cost.
Administration/Page 8
4. Provide human resources support and employee and labor relations services to all
departments. Maintain positive and productive working relationships with represented and
non-represented employees.
5. Assess training needs, identify training resources and schedule in-house training programs as
needed to develop and improve leadership, management, supervisory, communication and
risk management skills. Continue efforts to engage in succession planning.
6. Review the District’s ergonomic program and requirements to provide a safer and healthier
work environment for employees.
7. Facilitate mandatory ethics training for Board members this fiscal year in compliance with
AB 1234.
8.7.Develop new comprehensive Ranger recruitment brochure as part of a new strategy to fill
Ranger vacancies in a more timely and effective manner.
9.8.Amend and refine the recently adopted Personnel Rules and Regulations as needed.
10.9. Manage and promote the District’s Health and Safety Program including attendance at all
Safety Committee meetings and facilitating periodic Safety Fairs and other health and safety
related activities.
Other Projects and Activities Time/Resources Permitting
1. Research a user friendly an effective and compatible Human Resources Information System
(HRIS) to increase productivity and efficiency in the Human Resources Office.
2. Create a special separate recruitment page on the District website.
Administration/Page 9
2008-2009
C. Legal Services Program
Objective
To provide timely legal services to the Board and to all District Departments; to advise and assist
the Board and staff in developing and implementing District policies, regulations and ordinances,
and in accomplishing District projects in accordance with law.
Key Projects
1. Real Property Department
Provide legal advice concerning District real property matters, including real property
purchases, disposition, management, title and encroachment issues, easement issues,
leases, licenses, and permits to enter District land. Anticipated major projects include:
• Litigation – Defend District in litigation concerning the District’s water system at
Bear Creek Redwoods Open Space Preserve, Chiocchi et al. v. MROSD; Note:
Settlement agreements have been reached in the Lysons and Fogarty lawsuits.
Additional work is needed to finalize the settlements.
• Encroachment and Property Rights Claims – Assist Real Property Department in
resolving encroachments including Saratoga Gap, Mills Creek and Sierra Azul Open
Space Preserves; assist in resolution of access easement claims including Sierra Azul
Open Space Preserve; Continue working with the Real Property, Planning, and
Operations Departments identifying and resolving property rights issues on District
land; assist in resolving trail and land stability issues at Thornewood Open Space
Preserve. Note: Picchetti Winery Lease completed.
• Land Purchase and Property Management –
Assist Real Property Department to accomplish key land acquisition projects,
including a significant addition to Russian Ridge Open Space Preserve;
potential additions to Purisima Creek Open Space Preserve to connect the
Preserve to the San Mateo Coast, and Bear Creek Redwoods Open Space
Preserve.
Assist Real Property Department in connection with District ongoing operation
and management of Guadalupe Land Co. property as a corporate asset and
investigate options for grant of conservation easement to an appropriate land
trust or government agency (Sierra Azul Open Space Preserve); assist in
transactional documents to accomplish easement exchanges (Monte Bello and
Fremont Older Open Space Preserves). Note: Conservation easement prepared
and in process for conveyance by Guadalupe Land Company; other projects
ongoing.
Administration/Page 10
Work with Real Property to assess legal options for District operations within
San Mateo County for lands subject to Williamson Act contracts; assist in
developing policy recommendations for such lands. Note: Global nonrenewal
of Williamson Act contracted lands in Santa Clara County completed.
Work with Real Property on implementing, administering, and drafting grazing,
and agricultural, and other leases, including Bear Creek Stables and addition to
Russian Ridge Open Space Preserve; Note: Grazing Leases completed for
Tunitas Creek and Skyline Ridge Open Space Preserves.
2. Administration Department
• Risk Management
Provide advice and monitor current claims and litigation against the District; represent
the District’s interests in insurance and CAJPIA coverage matters; provide oversight of
matters handled by outside counsel; investigate and maximize insurance coverage for
claims filed against the District; obtain appropriate pollution liability insurance coverage
for property purchases where applicable. Note: Secured CJPIA coverage for Chiocchi
litigation which will be ongoing; obtained insurance payment for Pulgas Ridge Open
Space Preserve petroleum cleanup; obtained pollution liability insurance for Driscoll
Ranch purchase.
• Human Resources
Assist in carrying out labor relations functions; provide legal advice on personnel
matters. Anticipated major projects: Note: Personnel Manual completed.
• Assist in November 2008 General Election for Wards 3, 4, and 7; assist in compliance
with AB 1234 including policy development and ongoing biannual ethics training for
Board Members.
3. Operations Department
Continue to assist in the development of Cooperation Agreements for provision of law
enforcement and emergency services with sister agencies; work with Operations in resolving
jurisdiction issues to assist in developing such agreements. Work with Operations to clarify
the issue of peace officer jurisdiction outside of District lands. Determine appropriate policy
recommendations in light of Attorney General Opinion request submitted by Assemblyman
Ruskin; Provide legal support to Resource Management Program. Note: Permit to enter
private lands to remove slender false brome completed; Draft Attorney General Opinion
submitted by internal AG counsel; working with Santa Clara County Counsel on contract to
provide additional law enforcement services to Sierra Azul Open Space Preserve.
4. Planning Department
• Remediation
Administration/Page 11
Advise on the Navy remediation project at Site 25 (Stevens Creek Nature Study Area);
provide advice concerning resolution of mercury TMDL and remediation issues at the
Rancho de Guadalupe property (Sierra Azul Open Space Preserve), Driscoll Ranch (La
Honda Open Space Preserve) Mt. Umunhum, and Russian Ridge Open Space Preserve.
• Other Projects
Assist in staging area project at Fremont Older Open Space Preserve; assist in resolution
of trail remediation and development projects at Thornewood Open Space Preserve.
Advise on planning, CEQA and other issues concerning staging areas at El Sereno and El
Corte de Madera Open Space Preserves.
• Advance Planning
Assist with: final adoption and CEQA review of Resource Management Policies; Master
Planning Projects and CEQA review for Sierra Azul/Bear Creek Redwoods and La
Honda Creek Open Space Preserves; Revision of District Master Plan, Regional Open
Space Study, and Basic Policies for the Coastside Protection Area; Update of Use and
Management Planning Process.
• Coastal Protection Program – Continue to provide advice concerning legal
requirements applicable to implementing the Coastal Protection Program and LAFCo’s
Conditions of Approval; draft and review necessary Program documents, including
policies required by Service Plan; . Note: Appellate proceedings completed; awaiting
decision from Court of Appeals and potential post-appeal proceedings.
5. Public Affairs Department
Advise on legislative and contamination issues concerning Mt. Umunhum; pursue state
legislation as needed in response to outcome of Riverside County dedication case; Attorney
General opinion regarding ranger peace officer authority; and status of AB 697 regarding
District financing regarding ranger term options; trademark new district logo; assist with
drafting of new Good Neighbor brochure.
6. Project Streamlining
• Development of streamlined District public works and professional consultant contract
forms and procedures.
Continue to revise existing contract templates to better suit Departmental
needs and improve ease of use including short form contracts for routine
public works projects. Note: Contract templates initially revised to
streamline; draft short form contract and revised consultant contract
prepared; ongoing project.
Administration/Page 12
Determine how to achieve efficiencies in the contracting process by measures
such as delegation of administrative functions to staff and accomplishing more
routine projects by simpler bidding procedures where appropriate. Note:
Ongoing project. Delegation of administrative function of filing notices of
completion for public works contracts completed.
Provide inter-departmental training on adopted contracting procedures and
forms. Note: ongoing project.
• Development of streamlined CEQA review processes for routine ongoing projects (e.g.,
routine structure maintenance, routine preserve maintenance and drainage projects); work
with Planning and Real Property to explore other approaches to streamline the
environmental review process. Note: Project deferred due to other priorities; providing
CEQA assistance to Operations, Real Property, and Planning will be ongoing projects.
• Continue working with Real Property and Planning Departments to pursue global
solutions to streamline the acquisition, planning and permitting processes, and
Memorandum of Agreement with San Mateo and Santa Clara Counties clarifying the
consistency of acquisitions with County planning requirements. Note: MOU with Santa
Clara County completed.
7. Updating of Board Policies
• Update Use and Management Planning Process and Public Notification Policy to reflect
appropriate and current practices. Note: Project in process; will be presented to Use and
Management Committee for its review and recommendation to the Board
• Work with LFPAC to develop an appropriate Rule of Procedure on Board
Reconsideration of Agenda Items; return to Board with recommended policy for
consideration. Note: Project in process.
• Drafting of District Permit Fee and Cost Recovery Policy, including cost recovery for
staff time in encroachment resolution
8. Other Projects and Activities
• Provide legal research concerning historic parcels and chains of title to assist in resolving
real property issues and in support of Planning and Real Property projects.
• Provide advice concerning legal requirements applicable to the District such as the
Brown Act, conflict of interest laws, election law, and the California Environmental
Quality Act.
• Assist Departments in bidding processes and contract administration for public works and
professional services contracts.
Administration/Page 13
• Prepare and review District legal documents such as contracts, easements, leases,
permits, regulations and ordinances.
• Represent the District’s legal interests in matters involving other government agencies.
• Advise the District on court rulings and legislation affecting the District and assist in
drafting and pursuing legislation proposed by the District.
PUBLIC AFFAIRS DEPARTMENT
Programs
A. Public Information and Outreach
B. Legislative, Funding and Organizational Relations
C. Community Programs
To Implement the
BASIC POLICY OBJECTIVE:
The District educates and makes clearly visible to the public the purposes and actions of
the District, and actively encourages public input and involvement in the District’s
decision-making process and other activities.
General Department Emphasis for 2008-2009
Maximize the general public’s awareness and understanding of, and involvement with the
District, its goals, and its activities, employing a variety of means and methods to reach
all communities served and other target audiences. Implement the top priorities of the
District’s legislative plan and protect the District’s funding structure. Continue to offer a
variety of community programs, which enhance visitors’ experiences, provide
opportunities to educate, and involve people in the preservation, restoration and
enjoyment of open space. Provide District materials and information to community
members and public officials, to ensure full knowledge and understanding of the District,
its programs and activities.
Staff Resources
(Regular, full-time positions, unless otherwise indicated)
Public Affairs Manager
Communications Specialist
Public Affairs Specialist
Web Content Coordinator
Volunteer Programs Coordinator
Docent Programs Coordinator
Community Programs Aide
Administrative Assistant
Public Affairs/Page 1
2008 -2009
A. Public Information and Outreach
Objective
To generate additional support among opinion leaders, key policymakers, and the general
public for District acquisition, preservation, restoration, and interpretive/education
projects and programs, including coastal protection, by increasing the positive perception
and awareness of the District’s mission, objectives, accomplishments, programs, and
effective management of public lands and financial resources.
Key Projects
1. Community Outreach – Plan and implement activities and presentations to
increase the District’s outreach to and involvement with community groups.
Explore new outreach opportunities to connect with underserved communities,
children, and new user groups. Continue to participate in outreach events with
emphasis on events held near current master plan project areas; promote
awareness of preserves other than Rancho San Antonio. Listen to community
concerns and improve constituents’ knowledge of the District. Host and
participate in events such as the Ridge Trail Cruz and the Westwind Barn.Host
events and provide activities – such as the Pulgas Ridge staging area and trail
dedication. Proactively produce and distribute information and materials about
the District and its programs. Seek out partnerships, and attend meetings with
various groups and organizations (such as the Bay Area Open Space Council, Bay
Area Ridge Trail Council, Geocachers of the Bay Area). Continue to work with
the Operations and Planning Departments to increase public awareness of
resource management goals and successes at priority sites, such as slender false
brome in Woodside. When possible, involve volunteers and docents, managers,
other departments and Board members along with District volunteers in outreach
opportunities with organizations and District presentations at community outreach
events.
2. Master Plan Support – Manage the District’s communications and public
outreach during the adoption and implementation of the Sierra Azul/Bear Creek
Redwoods Open Space Preserves and La Honda Open Space Preserve master
plans.
3. Web Site and E-Communications Management – Continue to use the District
Web site as a two-way communication tool to reach out and communicate with
the community and support all District departments.
• Increase use of new e-communications capability (e-mail
newsletter; electronic alerts).
• Develop and implement new features and tools to boost site
appeal, drive traffic, and improve accessibility for new user groups
Public Affairs/Page 2
(mapping tools, video and podcasts, and pages in foreign
languages).
• Promote and manage the online store.
• Improve current site functionality.
• Consider feasibility of creating an office Intranet.
• Implement better analytical tools to track site traffic and measure
performance more comprehensively and accurately.
• Continue to work with e-Nature to refine and promote the “e-
nature” wildlife guides (customizable to District preserves), thus
providing a way for the public to research information on flora and
fauna within District Preserves.
• Work with other departments to ensure the Web site maintenance
and revisions reflect current District messaging, provide
consistency, and maintain functionality and aesthetic integrity.
• Work with contractor, as needed, to update and maintain Web site
pages. Lead District Web team.
4. Visitor Estimate Survey - Continue to implement program to estimate the
number of visitors to District preserves in rotating seasons and preserves
surveyed.
5. New Logo Implementation - Work with all District departments to
coordinate a phased implementation of the new District logo and continue to
develop a broad District Style Guide in order to ensure consistent use of the
District’s visual identity. Work with the Legal Department on trademarking
the logo.
Public Affairs/Page 3
Other Projects and Activities
1. Investigate creating an incentive program to encourage people to improve
their health by recreating on District preserves. Potentially build a program in
partnership with health organizations.
2. Complete and distribute the Good Neighbor brochure based upon the amended
policies. Design and provide public education follow-up activities after the
process is complete. Hold an annual public meeting to review the Good
Neighbor Policy and its implementation and effectiveness.
3. Continue work to enhance the District’s reputation as a leader among open
space districts locally and statewide. Proactively promote regular media
coverage of District activities and accomplishments and quickly respond to
media reports and inquiries. Build relationships with reporters, conduct
editorial board visits and reporter briefings; place positive feature stories; and
work to place editorials, where appropriate, in order to focus attention on
positive work the District is conducting, especially in resource management.
4. Proactively participate in decision-making processes, monitor opportunities
for public outreach, and improve department awareness by attending other
District departments’ regularly scheduled and project-specific team meetings.
5. Continue to promote the District’s guidebook Tales & Trails.
6. Explore the feasibility of producing a District coffee table picture book and a
District calendar.
7. Determine cost of producing and distributing a District screensaver and, if cost
effective, produce it for general distribution.
8. Continue to promote positive employee relations and effective workplace
communication within the department and throughout the District.
9. Continue to support the Planning Department in: 1) Raising public awareness
of the Watershed Protection Program and the proposed staging area and trail
project at El Corte de Madera Creek Open Space Preserve; 2) Providing media
and other support, as needed and 3) Providing media and community outreach
activities, such as docent-led hikes, resource management projects, and Web site
updates.
10. Continue to provide assistance to the Planning and Operations departments in
educating the public regarding appropriate preserve and trail use, and interacting
with wildlife; modify and update publications to reflect any policy or rule
Public Affairs/Page 4
changes, as needed, and respond to associated public and media requests for
information.
11. Work with the Planning Department to create new site maps for preserve
brochures (such as La Honda and Bear Creek Redwoods) or special activities, like
geocaching, and continue updating, producing, and distributing existing site maps,
brochures, and other collateral materials. Also work with the Planning
Department to develop a prototype template for transitioning maps from
Illustrator to GIS.
12. Produce the District’s quarterly newsletter, Open Space Views. Continue to
update the mailing list; continue mailing four issues per year, including the
Annual Report. Publish the District’s 2008-2009 Annual Report in the fall.
13. Conduct special events and celebrations of other noteworthy events such as
the Ridge Trail Cruz and VIP tours in San Mateo and/or Santa Clara County for
elected officials and representatives.
14. Introduce the new General Manager to media representatives and constituent
organizations, as needed.
15. Continue to provide staff support to District Committees such as the sign
committee, policy review committee, the “Fun” committee.
16. Work with the Planning Department to design, write, and edit content for
District signs and signboards.
17. Develop District advertisements for public meetings, announcements, docent
and volunteer recruitment, etc., as needed.
18. Demonstrate care for the environment by using recycled materials and soy-
based inks in materials used and distributed by the District whenever possible.
Research eco-friendly caterers, suppliers, etc.
19. Work with Administration to complete the integration of various District
databases.
Public Affairs/Page 5
2008-2009
B. Legislative, Funding, and Organizational Relations
Objective
To carry out the high priority elements of the District’s legislative plan and to inform
other public agencies and private organizations about the District's activities and goals.
Key Projects
1. State Legislation – Work with the District's legislative advocate and with
legislators and their staff to sponsor and support the Board-approved Legislative
Program. Update Legislative Program to respond to changing political landscape.
Seek coordination and support from other special districts.
2. Seek Regional Funding – Work with the Bay Area Open Space Council to create
a special, personalized license plate and work to obtain permanent funding for the
San Francisco Bay Area Program of the State Coastal Conservancy. Generate
new ideas and corresponding legislation and seek passage.
3. Seek Local Funding – Support any efforts by the San Mateo County Parks for
the Future initiative to increase the local sales tax by 1/8th cent on the 2008 ballot.
4. Federal Legislation – Work with members of Congress and State and local
agency leaders to develop and implement a strategy to carry out the Board-
approved legislative program, including to seek Federal legislative assistance in
securing funding for the cleanup of the former Almaden Air Force Station at Mt.
Umunhum in Sierra Azul Open Space Preserve, which is a “Formerly Used
Defense Site,” or FUDS. Focus on completing current direction on Mt.
Umunhum utilizing the services of the District retained Washington DC based
lobbyist.
5. District Funding Measure –Continue analysis of the need for a future District
funding measure to be submitted to the voters.
6. At the end of current legislative session in Sacramento, prepare for Board
approval of a new State legislative program
Other Projects and Activities
1. Continually review and, working with legal counsel, analyze legislation,
determine recommended District positions on bills, and take appropriate action, if
any, on bills.
Public Affairs/Page 6
2. Work with legislators, legislative committees, state and federal administrators,
other agencies, private organizations, and interested citizens to provide
information and to lobby regarding state legislation and specific local issues.
3. Support federal, state, or local legislation that will benefit the District.
4. Provide support and services for specific District projects requiring legislative
support, such as grant applications and regional and state awards. Obtain letters
of support for grant applications, such as Habitat Conservation Fund and Wildlife
Conservation Board grants.
5. Maintain contact and exchange information with other organizations and
agencies. Cooperate on special projects with organizations such as the regional
Bay Area Open Space Council, and participate in special events, such as
conferences and seminars, to keep District staff and the Board informed of current
issues.
6. Continue to provide staff support to the Legislative, Funding, and Public Affairs
Committee, and work as needed to develop District positions on and involvement
in statewide open space issues.
7. Provide a District presence in key legislative activities, meetings, and conferences
in Sacramento, directly and/or with the District’s legislative advocate.
8. Work with the District’s legislative delegation and the Sacramento-based lobbyist
to maintain and protect the District’s current percentage share of the local
property tax funding.
Public Affairs/Page 7
2008-2009
C. Community Programs
Objective
To engage and involve a diverse range of community members and District staff in
programs and activities to further their enjoyment and understanding of open space.
Support District staff in achieving the District’s objectives by providing high quality,
ecologically sensitive public programs, involving community members as volunteers,
providing outreach events, and working in partnership with other organizations as well as
inspiring stewardship of open space.
Key Projects
1. Expand Community Programs – Implement the new Advanced Resource
Management Squad (ARMS) program pilot by recruiting 5-10 volunteers. Work
with Operations to determine best supervisory practices.
2. Resource Management - Increase community awareness of and participation in
resource management efforts by developing interpretive themes to support
Strategic Plan objectives. Incorporate resource management topics into training
and enrichment programs.
3. Encourage participation and increase awareness of Outdoor Activities and
other Community Programs – Continue to evaluate publicity and media
outreach on Outdoor Activities.
4. Expand Team Volunteer Trail Patrol Days Program – Expand use of new
program where 15-20 Trail Patrol Volunteers hike and ride a preserve at the same
time to increase public outreach and patrol presence at preserves needing
additional patrol support.
5. Master Plan Interpretive Materials - After the master plans have been adopted,
develop materials to interpret natural and cultural resources of La Honda Creek
OSP and Sierra Azul/Bear Creek Redwoods OSP and provide information
regarding the Preserve’s history. Plan and begin developing an interpretive
project/display for the Red Barn at La Honda Creek Preserve and for a self-guided
interpretive “nature discovery” trail around Alpine Pond at Skyline Ridge
Preserve.
Public Affairs/Page 8
Other Projects and Activities
Docent Program
1. Work with contractor to refurbish and enhance the interior natural communities
display cases/vitrines at the Daniels Nature Center. This project is partially funded
by a POST grant.
2. Revise and update online docent reporting and proposal forms. Evaluate setting
up a database to capture statistics and other information provided via forms.
3. Continue to monitor new Outdoor Activity reservation procedures (started in
December 2007) and evaluate benefits/constraints to participation follow-through,
etc.
4. Recruit, screen and train Outdoor Activity Docents, Outdoor Education Leaders,
and Nature Center Hosts. Outdoor Activity Docent training will be offered in
2008 for the second time using a new training model with primary instruction
provided by contractor/naturalist Diane West-Bourke. Continue to provide
enrichment opportunities for active docents 2-4 times per year.
5. Offer a broad range of public interpretive outdoor activities on open space
preserves, encouraging docents to conduct new engaging activities at less-utilized
preserves.
6. Maintain and operate the David C. Daniels Nature Center with docent
involvement. Continue to implement the District’s Spaces and Species
environmental education program and explore opportunities for new constituent
groups to visit and use the Nature Center. Leverage partnership with POST to
support the Daniels Nature Center.
7. Arrange, publicize, reserve spaces for, and work with field staff to support the
Fremont Older House and Garden Tours (May 4, 2008) and quarterly Outdoor
Activities.
8. Continue to provide public request activities, including soliciting and scheduling
docents and coordinating with the Operations department, as needed, for permits.
9. Continue to engage interested docents in support of planning and resource
management projects.
10. Continue to work with the Operations Department to implement an Alpine Pond
cattail management plan.
11. Develop a self-evaluation instrument for the docent program.
Public Affairs/Page 9
Volunteer Program
1. Continue to provide volunteer support for resource management projects by
working with staff to schedule, conduct, and evaluate a sustainable number of
resource management volunteer projects and by implementing the new ARMS
program.
2. Coordinate safe, educational, and productive volunteer service projects
throughout the year at various open space preserves.
3. Recruit, screen, and train new ARMS, Trail Patrol, Crew Leader, and Special
Project volunteers to assist staff in maintaining and protecting District preserves.
Offer enrichment opportunities for active volunteers.
4. Work with Real Property to complete volunteer/staff monitoring of all District
conservation easements and similar monitoring needs.
5. Continue to conduct individual evaluation hikes and rides for Trail Patrol
members. Use pre-evaluation surveys utilizing the District’s new online survey
system to increase efficiency of the time spent on the evaluation hike or ride.
6. Continue to organize lunchtime enrichment presentations for volunteers during
outdoor service projects. Identify appropriate speakers such as Board members
and District docents. Coordinate logistics and schedule a number of trial
presentations.
7. Volunteer Leadership/Management Training for Staff – Reconstruct annual
Working w/ Volunteers District training sessions into a two-part training to
accommodate complete program training for new staff and program review
training for all staff.
8. Continue to coordinate with International Mountain Biking Association (IMBA)
members to include more members in the District’s Trail Patrol program.
9. Recruit District volunteers to help in conducting the Visitor Estimate Survey.
[District will use trail counter equipment only].
10. Work with Admin/HR to evaluate and recruit for potential volunteer opportunities
in assisting the Support Staff Team.
11. Sustain effective communication with Operations by scheduling regular field days
and attending full staff meetings at both offices.
Public Affairs/Page 10
12. Worker’s Compensation Update – Work with Administration Department to
develop and implement systems to contact and ensure each non-episodic and
episodic volunteer has the opportunity to choose a pre-designated physician.
Community Programs Projects and Activities
1. Research the feasibility of establishing a mechanism for providing financial
assistance to schools for transportation to Spaces & Species field trips/Daniels
Nature Center.
2. Evaluate backlog of maintenance tasks and needed improvements for visitor
amenities. Examples include the Stevens Creek Nature Trail signs, backpack
camp, taxidermy upkeep, Russian Ridge deck, SOD impacts to interpretive trail at
Los Trancos.
3. Organize, coordinate, and conduct the 2008 Volunteer Recognition Event on
September 13, at a Foothills Area preserve and assess other recognition activities
for docents and volunteers that demonstrate the District’s appreciation for the
efforts and contribution of volunteers and docents.
4. Sustain effective communication between Community Programs staff, field staff
and other departments involved with Community Programs.
5. Conduct “Earth Day” (April 22) and National Trail Days (June 7) events that
provide appropriate ways for the community to be involved in projects or outdoor
activities that celebrate the environment and our natural resources during the
period of time associated with these nationally recognized events. Research other
conference/trade show venues (for example, Green Festival) for outreach.
6. Continue evaluating training programs and events by using on-line surveys.
7. Provide Community Programs updates to the Board.
8. Utilize new E-News and E-Newsletter Systems to communicate project and event
schedules, provide updates, and supply general District info to District volunteers.
9. Continue to implement special public access to current and new grant-funded
properties, as required, by scheduling docent-led tours (such as Miramontes
Ridge), and provide additional docent-led hikes and volunteer projects to support
master-planning efforts, as needed.
10. Design, create, and distribute replacement Volunteer & Docent uniforms featuring
the new logo design.
Public Affairs/Page 11
Operations/Page 1
OPERATIONS DEPARTMENT
Programs
A. Field Operations
B. Resource Management
To Implement the
BASIC POLICY OBJECTIVE:
The District follows management policies that ensure proper care of the land, that provide public
access appropriate to the nature of the land, and that are consistent with ecological values and
public safety.
General Department Emphasis for 2008-2009
Continue to provide responsible stewardship of all District lands by furnishing those public
safety, maintenance, construction, and expanded resource management activities necessary to
protect and enhance the natural resources and ensure safe and appropriate use of District lands.
Implement Board-adopted Resource Management Policies, Trail-Use Policies and Guidelines,
and focus on enhancing field staff safety.
Staff Resources
Operations Manager
Area Superintendents (2)
Support Services Supervisor
Management Analyst
Senior Resource Management Specialist **
Resource Specialist I (2)*
Supervising Rangers (4)
Maintenance/Construction Supervisors (2)
Maintenance/Resource Supervisors (2)
Administrative Assistant
Field Office Administrative Assistants ½ Time (2)
Rangers (17)*
Equipment Mechanic-Operators (4)
Lead Open Space Technicians (4)
Open Space Technicians (11)*
Farm Maintenance Worker
Training Coordinator (1/2) Time (1)
8,500 Seasonal Open Space Technician hours
3,500 Seasonal OST hours for resource management
1,000 hours for Resource Management Intern
Operations/Page 2
* Proposed addition of (1) Resource Specialist (Focus ½ of time on grazing)
* (1) Ranger for Foothills
* (1) OST for Skyline
* 2,000 hours for Seasonal Ranger program
*Additional or Converted Positions
** Position subject to formulation of Resource Program staffing and organization plan
2008-2009
A. Field Operations Program
Key Projects
1. Continue to implement Year IV of the El Corte de Madera Creek Watershed Protection Plan.
Assist the Planning Department in implementation of the third phase of the El Corte de
Madera Creek Watershed Protection Plan, as approved by the Board.
2. Continue to implement improvements recommended by the radio consultant and approved by
the Board of Directors within the scheduled three to five year time frame. Continue efforts to
procure a new radio frequency for District use.
3. Develop, budget for, and implement a pilot Seasonal Ranger program to assist in recruitment
for regular ranger staff, provide additional staffing at peak times and better utilize the
expertise of regular ranger staff.
4. Complete the review process for the newly completed draft Maintenance Operations Manual,
publish and implement the Manual with copies for all maintenance staff, and provide
orientation to the staff on the use of the manual.
5. Implement Board Policy direction, and administrative goals, regarding recommendations
from the Land Management Cost Evaluation and Efficiency Study. Create a working team to
determine the need for, and scope of, a Computerized Maintenance System. If such a system
is deemed necessary and beneficial, then ensure that any such system can integrate with the
work of other departments.
6. Work with Planning and Real Property departments to Review review options for a system to
calculate future management costs of lands, which are being considered for purchase.
7. Once permit approval is received from the Town of Woodside, then assist the Planning
Department with trail re-alignment in the Dennis Martin Road area of Thornewood Open
Space Preserve.
8. Work with the Planning Department on the location and creation of a South Area Office, and
staff the facility once it is located (and constructed if necessary).
9. Upon Board approval, implement the agreement with the Office of the Santa Clara County
Sheriff for the provision of additional patrol services by Santa Clara Sheriff’s deputies on
Operations/Page 3
District lands per the terms of the agreement. Explore the feasibility and desirability of
having a similar agreement with the Office of the San Mateo County Sheriff.
10. Provide the new General Manager with area familiarization tours to familiarize her/him with
District lands, and Operations issues and concerns.
Other Projects and Activities
1. Public Safety Services
a. Monitor public use and land use regulation compliance. Assist in the education of the
visiting public on proper use of District preserves.
b. Enforce District land use regulations by providing active ranger patrol and after-hours
call-out response.
c. Respond to accidents and other emergencies occurring on District lands.
d. Respond to fires on District lands, and adjacent lands when District property is
threatened, or where specified by written agreements.
e. Identify and mitigate potential hazards on open space preserves to enhance public
safety.
f. Monitor special events, use permits, and resource protection related impacts on
District lands.
g. Conduct focused ranger patrol to address undesignated trail construction and use at
Sierra Azul and El Corte de Madera Creek Open Space Preserves.
h. Assist the Land Protection Specialist with identification and mitigation of
encroachments to District preserves.
i. Work with Santa Clara County Fire and other fire agencies to host a controlled burn
on District lands, as part of the Joint Fire Academy and/or routine fire agency
training, to provide training opportunities for District staff and other local fire
agencies.
j. Work with the Legal Services to clarify the issue of the extent of District Peace
Officers’ jurisdiction.
2. Land and Facilities Management
a. Work with the Real Property and Planning Departments to secure newly purchased
properties and to incorporate them into the regular patrol and maintenance schedules.
b. Maintain lands in an environmentally sensitive manner, utilizing resource
management practices.
c. Maintain buildings, vehicles, and equipment to maximize utility and longevity.
Operations/Page 4
d. Provide supervision and assistance to volunteer projects.
e. Assist in the repair and maintenance of structures that are a part of the District
employee residency program.
f. Participate with the Planning Department in the development of Master Plans and Use
and Management Plan recommendations.
g. Assist the Planning Department in the development of a Site Plan for the Skyline
Field Office to address growth needs.
3. Management and Administration
a. Continue to provide public safety training for sworn and non-sworn staff to promote staff
safety when they encounter illicit activities on District lands.
b. Continue the liaison efforts with local police, fire, municipal court, and other public
jurisdictions. Continue to work with other agencies to develop Memoranda of
Understanding, where appropriate and feasible.
c. Continue to work with a database consultant to improve the reporting abilities of the
current citations and incidents database to streamline the monthly and yearly reporting
systems. Lay the foundation for having the information seamlessly integrate into the
existing database structure.
d. Complete the beta testing of the electronic Incident and Accident report forms, and have
them available for regular field use.
e. Use established purchasing practices to purchase vehicles and equipment for the best price.
f. Coordinate occupational health and safety program for field operations.
g. Continue to utilize Influencing Skills and to integrate workplace enhancement methods
into the daily activities of the Operations Department.
h. Coordinate with Planning Department to provide training for various Operations
Department’s positions in the use of GIS and/or GPS software and technology to provide
better information gathering and presentation skills.
i. Provide assistance and support to the Public Affairs Department as a participant in the
District’s Web Team. Post appropriate department-related materials to the web in
compliance with the Webmaster protocols.
j. Continue to provide assistance and support to the Administration and Public Affairs
Departments to complete the database integration project, as appropriate for Operations.
Operations/Page 5
k. Confirm that the District’s role as a first response medical provider conforms with Santa
Clara, and San Mateo and Santa Cruz Counties’ protocols and requirements, and
registration requirements, if any. Clearly communicate to cooperating agencies, and to
District staff, the District’s role and limitations in the provision of emergency medical
care.
l. Review current manual permit issuance process and develop a plan to
automate/computerize the process to increase efficiency and to provide a system of
record keeping for the permits.
4. Miscellaneous
a. Support the goals of the Public Affairs Department by providing staff for special events
and other projects, as time permits.
b. Participate in the development of Trail Use Policies and Guidelines.
c. Work with the Planning Department on a joint committee to develop Maintenance
Standard Guidelines.
d. Continue to ensure clear and open communications with the Real Property Department
through designated staff.
e.Work with the Public Affairs Department to host a tour of District lands for East Bay
Regional Park District Board members and staff and any other planned V.I.P events.
f.e. Continue to promote positive relations and effective workplace communications within
the department and throughout the District.
g.f. Ensure field staff assistance in implementation of resource management projects as
identified in the Resource Management Plan including, but not limited to: slender false
brome removal, sudden oak death response, invasive plant removal and research and
inventory of natural resources on District land.
Operations/Page 6
2008-2009
B. Resource Management Program
Objective
Inventory and analyze the state of District natural resources, including the natural resources of
specific preserves to identify needs and priorities. Address immediate and critical resource
management issues utilizing District staff, volunteers, contractors and consultants to maximize
the District’s responsiveness. Revise the Resource Management Strategic Plan to address the
resource management needs of District land. Maintain regular contact and work with other
agencies, local authorities, researchers and specialists in the field to restore or manage the
District's natural resources.
Key Projects
1. Resource Management Strategic Plan – Work with the Planning Department to Implement
an interim Year of the Resource Management Strategic Plan:
a. Continue removal of priority invasive plants; and implementation of the Pulgas Ridge
Open Space Preserve Habitat Restoration Plan by removing additional area of eucalyptus,
and controlling broom and other invasive plants. Review restoration plan and notify
interested parties and the Board before any large eucalyptus trees are removed at Pulgas
Ridge.
b. Obtain County grading permit and agency approval to avoid special status species in
order to implement the next phase of restoration of Christmas tree farm at Skyline Ridge
Preserve. Phase in work areas if permits approved in time for construction season.
c. Identify rare and invasive species and vegetation community and wildlife habitat types on
new properties in coordination with Planning Department.
d. Prepare final revisions of the Resource Management 5-Year Strategic Plan with Planning
Department.
2. Sudden Oak Death
a. In accordance with the Board’s direction, assist research of SOD-resistant trees and
treat susceptible trees with approved fungicide. Continue to identify and fund Sudden
Oak Death research relevant to land management issues.
b. Assist CALFIRE and FireSafe Committees in obtaining grant funds to remove
hazardous trees along major evacuation routes.
c. Continue monitoring Sudden Oak Death, map confirmed and suspected locations,
implement precautionary actions, and educate District visitors about Sudden Oak
Death. Participate in scientific symposiums and research.
Operations/Page 7
3. Slender False Brome
In accordance with the Board’s direction complete the following tasks:
a. Work with the Legal, Public Affairs, and Real Property Departments to implement the
public outreach campaign, sSecure rights-of-entry, and continue to treat and monitor
brome on neighboring properties.
b. Pursue grant funding to assist adjacent landowners and agencies in mapping and
controlling slender false brome on their lands.
c. Continue to monitor and remove all resprouts of slender false brome at Thornewood, La
Honda, Saratoga Gap and El Corte de Madera Open Space Preserves.
4. Grazing Plan
Work with the Planning and Real Property Departments to monitor grazing operations and
maintain grazing infrastructure at the Alpine Road area of the Skyline Ridge Open Space
Preserve, the Driscoll Ranch portion of La Honda Open Space Preserve, and the Tunitas
property.
Other Projects and Activities
1) Resource inventory – Inventory and record observed flora, fauna, natural and geologic
features, and biotic communities, and contribute information to the natural diversity database.
Focus on mapping of rare plant populations and developing GIS maps, and marbled murrelet
habitat in Skyline region. Coordinate mapping and GIS database development with Planning
Department staff.
2) Invasive Plant Tracking and Monitoring System – Work with the Planning Department
and mapping consultant to continue updating invasive plant information, and utilize this
information to prioritize resource management efforts. Support field staff in developing
GIS/GPS equipment and skill to report on invasive plant treatment areas. Develop methods
for projecting estimates of long-term, large area efforts.
3) Grassland Management
a. Control resprouts of Harding grass on north end of Russian Ridge Open Space Preserve.
b. Implement different methods of yellow star thistle control and restoration of native
grasses in Rogue Valley at Rancho San Antonio Open Space Preserve. Implement
experimental seeding of native grasses in yellow starthistle areas.
c. Develop a multi-year native grass seed increase contract.
d. Utilize prescribed burns to meet grassland management goals and provide wildland fire
training.
Operations/Page 8
4) Resource Management Policies - Assist the Planning Department in the development of
wildlife corridors and cultural/historic resource policies, and finalize all revised resource
management policies with the Board.
5) Wild Pig Population Control Program – As necessary, continue trapping program in the
South Skyline area and Foothills area. Coordinate with local agencies.
6) Wildlife Surveys – Conduct annual surveys of bluebird nesting and fall deer herd and share
information with regional groups. Track special wildlife sightings, especially mountain
lions, and share information with surrounding land agencies. With Planning Department and
consultant, implement second phase of marbled murrelet habitat surveys in the Skyline area.
7) Regional Cooperation - Continue to participate in regional resource groups such as the
Santa Cruz Mountains Bioregional Council, California Invasive Plant Council, Weed
Management Areas in San Mateo and Santa Clara Counties, Bay Area Rapid Detection
Network, Society for Conservation Biology, California Oak Mortality Task Force, and native
plant and wildlife organizations.
8) Small Grants Program – Implement the first year of a small grants program to fund
research to assist District staff in land management decisions and to develop and strengthen
local partnerships with researchers and academic institutions.
9) Continue to work with, and encourage, local research institutions, such as Stanford
University, San Francisco State University, San Jose State University and other universities
to conduct scientific studies that would be beneficial to the District.
10) Implement a pilot phase of the Advanced Resource Management Stewards program with
Public Affairs to allow trained volunteers to work independently on defined resource
management projects without site supervision by District staff.
11) Alpine Pond – develop long-term plan for managing pond vegetation and sediment; negotiate
necessary regulatory approvals, and commence the cattail removal project if feasible.
R-08-41
Meeting 08-09
March 26, 2008
AGENDA ITEM 3a
AGENDA ITEM
Approval of Fiscal Year 2008-2009 Budget
ADMINISTRATION AND BUDGET COMMITTEE RECOMMENDATION
Approve the proposed fiscal year 2008-2009 budget as initially presented on March 12, 2008
(Report R-08-34), and as presented in the staff report 08-44 (Agenda Item 3b), and adopt the
Administration and Budget Committee recommendations as contained in this report.
DISCUSSION
The charge of the Administration and Budget Committee (the “Committee”) is to review the
proposed budget to ensure it reflects a realistic view of projected income and expenses with
respect to the financial resources needed to carry out the planned work program (Department
Action Plans) for the coming fiscal year.
The Committee met seven times with the General Manager, Controller, the department managers
and various staff. After review of the Duties and Responsibilities of the Committee, the
Committee began review of the proposed budget by departments. The review included
consideration of the previous year’s budgets, expenditures, projections and the proposed Action
Plan for 2008-2009. The Committee reviewed the requested changes to the Action Plan made by
the Board and approved those changes on your behalf. The Committee also reviewed the Capital
Improvement Program, the Five-Year Staff Facilities Plan, the Property Management Annual
Income & Expense Budget, Operation Department’s Five-Year Equipment Schedule, and the
Integrated Resource Planning and Management Budget prepared by the Operations and Planning
departments. The Committee reviewed the proposed budget in relationship to the Operating
Growth Guideline and has further recommendations as noted below.
Note: Since the presentation of the initial fiscal year 2008-2009 budget on March 12th, two
changes in the overall budget have been introduced. The previous land commitments budget has
increased by $1,900,000 to cover a pending land purchase (Beatty Property) that will be finalized
in the new fiscal year, and a reduction of general liability insurance to the Real Property,
Administration and Operations departments of $36,886 due to CALJPIA moving to an 8-year
schedule from a 4-year schedule for retroactive payments to the insurance pool for losses
incurred.
Capital Improvement Program (CIP) Budget & Guideline
The Committee reviewed and is satisfied with this year’s proposed Capital Improvement
Program adjusted budget, which includes $1,500,700 for Public Access Improvements and
Planning Projects, $1,725,000 for Staff and Administrative Facilities and $25,000 for
Unanticipated Capital Improvement projects. The Board approved a new Budget Guideline for
the Capital Improvement Program in 2006 which includes the costs for current and future master
planning processes, regional resource inventories, road and trail inventories and grazing
R-08-41 page 2
assessment and plans. The Guideline allows for $700,000 averaged over a 5-year period. While
this year’s proposed CIP budget 5-year average is $791,870 (including legal fees – see
recommendations below), which exceeds the Guideline by $91,870, the Committee was satisfied
that the proposed budget is acceptable in light of two factors: 1) the proposed projects are
important and are an integral part of the Action Plan, and 2) many of the projects are works in
progress with completion dates which cannot accurately be predicted, resulting in an actual
historical expenditure average for CIP projects of only 64%, making the expected CIP
expenditure amount to be $506,797, which is within the Guideline.
Staff Facilities Growth Guideline
The Staff Facilities proposed budget is $1,725,000 which includes funds for the expansion and
remodel of the Administrative Office and Skyline Field Office. The Administrative Office
remodel includes renovating the existing tenant space in the north wing; updating and improving
work, storage, and meeting areas; replacing the existing roof over the south wing; updating the
HVAC system; exploring a solar energy system; and expanding storage and filing capacity. The
project may also include minor landscaping improvements; expanding and renovating the
existing kitchen; expanding outdoor eating or meeting spaces; and improving existing roof
drainage. The Skyline Field Office expansion/remodel will provide sufficient locker
room/restrooms for staff, updating the HVAC system and providing a mud room addition and a
conference room addition to the facilities. Where financially possible green alternatives will be
used in both expansion and remodel activities. The budget includes an estimate of $1 million for
anticipated “green” alternatives as part of the overall cost.
The Guideline allows 3.5% of the District’s annual operating budget averaged over a 10-year
period to be used for staff facilities. For fiscal year 2008-2009 the Guideline is $466,614. The
proposed staff facilities 10-year average is $329,329 which is under the Guideline.
Operating Budget Growth Guideline
The District’s Operating Growth Guideline (attached Exhibit A) currently provides for an
average growth of 7% in operating expenses as a budget cap. Operating expenses include
salaries and benefits, services and supplies, and fixed assets associated with the administration of
the District’s five departments. Expenditures for land acquisition (including costs associated
with land purchases such as appraisals, site engineering fees, and title insurance), debt service,
property management (which is on a “net” income basis), and capital improvements (including
Planning Projects) are considered outside the Guideline definition. The Guideline was last
amended in 2006.
Last year the Guideline was adjusted by $564,933 to encompass District costs associated with
the five-year agreement with the employees for enhanced PERS benefits, to integrate the Coastal
Protection Program costs in the operating budget, and cover the cost of the Santa Clara County
Sheriff’s contract (which was not actually completed, but has been re-budgeted).
The proposed 2008-2009 operating budget of $13,331,834 is over the 7% Guideline by
$484,295. Although, in the last ten years, the District’s actual expenses have consistently been at
95% of the operating budget or lower, which if applied to the proposed operating budget would
reduce the anticipated overall expenditures to $666,592 under the 7% Guideline. Even though
this has proven to be the case in the past, the Committee is concerned about the 7% Guideline
and its usefulness in the coming years as a method of controlling operating expenses.
Consequently, the Committee would request that the Board meet with the new General Manager
R-08-41 page 3
in the upcoming fiscal year and conduct a Board workshop to evaluate the District’s financial
budget guidelines. Please see Committee recommendations below.
Operating Expense Guideline
The Committee annually reviews the ratio of tax revenues to operating expenses. Per the
Guideline, operating expenses have been below 50% of tax revenues. This has been a “rule of
thumb” Guideline in the past, but the Controller predicted that this ratio will rise to 60% over the
next 10 years. The ratio for the 2008-2009 budget is 52.0%, but is expected to be under 50%
based upon actual expenditures. Therefore, it is recommended that this model also be included as
a part of the proposed Budget workshop recommended below.
Coverage Ratio Guideline
This Guideline was proposed by the Controller and would provide a “cushion for future
borrowing.” It is calculated by dividing the difference of the tax revenue less operating expenses
by the sum of the debt service and $2 million. Maintaining this ratio ensures that $2 million can
be set aside to service additional debt issued to fund purchases of new land. The proposed 2008-
2009 budget less a coverage ratio of 129% which meets this proposed Coverage Ratio Guideline
of greater than 100%.
Controller’s Report
The Controller met with the Committee and presented a financial review of the following: (1) the
fiscal year 2007-2008 projected expenses; (2) the 2006 to 2008 tax revenues; (3) the 2007-2008
tax revenue vs. budget; (4) the 2008-2009 total revenue estimates; (5) 2008-2009 Debt Service:
and (6) cash flow projections over the next ten years. The final Controller’s report was presented
to the full Board on March 12, 2008. The Committee is not recommending any additional debt
obligations at this time.
RECOMMENDATIONS
The Administration and Budget Committee recommends that the Board:
1. Accept the recommendation of staff to approve the proposed fiscal year 2008-2009
budget.
2. Direct this Committee to review the fiscal year 2007-2008 actual versus projected
expenditures after completion of the annual audit. Midway through the fiscal year,
review the fiscal year 2008-2009 budget and expenditure status, and meet with the
Controller for a review of the District’s financial status
3. Schedule a Board Budget workshop in the upcoming fiscal year:
a. Have the Committee meet with the new General Manager to review the fiscal year
2008-2009 budget, the budget process, and the budget guidelines and develop an
agenda for a Board workshop to evaluate the District’s financial budget guidelines
including considering additional budget controls.
b. Have the Committee propose dates for the workshop, provide materials, and
facilitate the Board workshop regarding the District’s budget guidelines.
R-08-41 page 4
4. Direct departments to ensure that all “miscellaneous expense accounts” be limited to
less than $5,000. If a budgeted miscellaneous expenditure is $5,000 or greater, the
department will be required to meet with accounting personnel to designate new
budget categories as necessary.
5. Agree to extend the time period from 18 months to 5 years from the close of escrow
date for identified projects that are associated with new land purchases, such as
demolitions and site clean-up, as specified in the staff report. The period of 18
months has been shown to be an insufficient amount of time to accomplish these
projects given other Planning department priorities.
6. Agree that for new land purchases, the tasks and funding for immediate site security
and safety measures will be itemized in the staff report as presented to the Board at
the time of purchase approval and will be carried out by the Operations department
within 12 months following close of escrow.
7. Agree that legal fees anticipated as part of land access improvements are to be
associated with the corresponding project under the Capital Improvement Program
(CIP) budget and should therefore be outside the 7% Operating Guideline. Director
Nitz voted against this recommendation.
Prepared by:
Administration and Budget Committee (Directors Riffle, Nitz, and Davey)
Contact person:
Curt Riffle, Chair-Administration and Budget Committee
Attachments:
Exhibit A – Operating Growth Guideline
Exhibit B - Operating Growth Guideline Analysis
Exhibit C – 2008-2009 Integrated Resource Management Budget
Exhibit A
Budget Growth Guidelines for District Operating Expenses and Capital Improvements
Adopted 3/24/99
Amended 3/27/02
Amended 3/24/04
Amended 03/22/06
This document defines guidelines for “operating expenses” (routine expenses associated with the
day-to-day operation of the District), and “capital improvements” (capital expenses relating to
public access facilities, field operation facilities and administrative facilities).
BUDGET GROWTH GUIDELINE FOR OPERATING EXPENSES
Operating expenses include salaries and benefits, services and supplies, and fixed assets
associated with the administration of the District's five programs. Expenditures for land
acquisition including appraisals, title insurance, legal costs, site engineering, and other various
land acquisition site expenses, property management, special projects, and capital improvements,
including master planning, are considered outside operating expenses.
• This guideline is intended to cover regular operating expenses for the District’s five
major programs and includes periodic operating expenses such as large printing projects,
election expenses, minor repairs from natural disasters, normal staff increases, and
program and salary reviews.
• Operating expenses will be tracked and generally should not exceed seven percent growth
from one year to the next provided, however, the Administration and Budget Committee
recognizes that, since this is a guideline, overbudgeting and underbudgeting may occur
and an effort be made to balance growth from one year to the next.
• Operating expenses may on occasion, exceed seven percent in years when tax revenue
growth is anticipated to exceed five percent and the ratio between proposed operating
budget and projected tax revenues is below fifty percent.
• The budget growth guideline can be adjusted when it is significantly impacted by
changing conditions, such as a major shift in program goals. Ongoing expenses
associated with managing lands within the Coastal Protection Area, would be an example
where the baseline could be adjusted.
• Certain non-routine large-scale projects that have a cumulative expense of over $50,000
may be excluded from the guideline. These large-scale projects may or may not result in
major shifts to programs. Examples include preserve master planning, coastal annexation
study and recovery from a major natural disaster.
See attached graph, which shows a ten-year scenario based upon this guideline.
Exhibit A
CAPITAL IMPROVEMENTS GUIDELINE
Capital improvements include field staff and administrative facilities in addition to public access
facilities. A five year average should be applied to allow for flattening of substantial fluctuations
that ordinarily occur in the program.
1) Public access improvements include capital projects that enhance public access to
preserves such as roads, toilets, trails, parking, signs and historical preservation.
These projects usually include master planning, design and permits for construction
of new facilities and major repairs to existing facilities. Demolitions which provide
for public use of previously closed areas also fall into this category. Funding is
limited to an average of $500,000 $700,000 per year over a five year period. Grant
income and donations can be used to offset expenses that exceed the limit.
2) Field staff and administrative facilities improvements include major improvements to
field offices, shops and facilities and the District administrative office. The guideline
for improvements to staff facilities limits the ten-year average of the staff facilities
budget to 3.5% of the District’s annual operating budget for that fiscal year.
3) It is the responsibility of the Administration and Budget Committee to review the
proposed Capital Improvement Budget and the Planning work program in order to be
satisfied that the public access aspects of the guidelines are aggressively pursued by
staff. However, it is recognized that fund balances between public and staff capital
improvements will vary year to year.
Exhibit B
Printed: 3/19/2008 - 9:48 AM
OPERATING BUDGET ANALYSIS
4,000,000
5,000,000
6,000,000
7,000,000
8,000,000
9,000,000
10,000,000
11,000,000
12,000,000
13,000,000
14,000,000
1998-99
1999-00
2000-01
2001-02
2002-03
2003-04
2004-05
2005-06
2006-07
2007-08
2008-09
11.8% 7.4% 13.5% 12.2% 7.4% 2.7% 0.0% 18.0% 13.4% 8.9% 10.3%
7% Growth 2001 - 2008 Operating Budget Actual Expenditures (Full Budget)Adusted 7% Growth 08 ->7% Growth 1998-2001
2008/09 Operating Budget is $13,331,834,
which is $484,295 Over Adjusted 7% Growth
G id li
ERAF shift starting
FY 04-05
%
Operati
ng
Budget
Growth
(based
on Mid-
year)
For Operating Budget,
amount shown is mid-
year adjusted starting in
2000/01
Averaged Tax Growth for the
Last 10 Years is 7.3%.
Adjusted 7% Growth Line by
$564,933 including: $382,000 for
PERs cost increases; $78,933 for
Coastal costs; and $104,000 for a
sheriff's contract
Anticipated Expenses for 08/09 $12,665,242 based on
average underspending of ($666,592) over the last 10
years.
Adjusted 7% Growth Line for
Salary and Benefit Increases in
the Amount of $436,157 and
$150,000 for RSA County Park
$12,847,539
Integrated Resource Planning and Management Program
Budget Summary: FY 2008-2009
Natural Resource Planning and Management
Project/Description
Department
Budget
FY 2008-2009 Budgeted Amount
Cultural/Historic Resources
Alma College Site Conditions Assessment Planning $ 66,000
Stevens Canyon Ranch House Assessment Planning $ 40,000
Ecological Restoration
Skyline Ridge Tree Farm Restoration Operations $ 45,000
Conservation Grazing Rangeland Infrastructure
Improvements
Planning
Operations $ 45,000
Grassland Restoration Operations $ 35,000
Mindego Ranch Rangeland Management Plan Planning $ 20,000
Restoration (District-wide) Operations $ 16,000
Pulgas Restoration Operations $ 3,000
Environmental Remediation
Hicks Flat Mercury Remediation – SWRCB
Cleanup and Abatement Account Grant Planning $ 83,0001
Driscoll Ranch Remediation Real Property
Planning $ 60,0002
Mindego Ranch Remediation Real Property
Planning $ 30,0002
Mt. Umunhum former Almaden Air Force Station
Remediation
Public Affairs
Planning $ 10,000
Rare, Threatened and Endangered Species
Management
Driscoll Ranch Ponds Management Plan Planning $ 35,000
Harrington Creek Corridor Riparian Corridor
Protection Planning $ 12,000
Biological monitor during special projects Operations $ 11,000
Resource Inventory
Species surveys of new properties Operations $ 62,000
Russian Ridge Comprehensive Plan Resource
Inventory Planning $ 29,000
Certified Engineering Geologist On-call Services Planning $ 25,000
GIS/GPS program infrastructure & maintenance Planning $ 11,335
New Property Assessments Planning
Real Property Staff time
Resource Program Planning and Policy Development
Sierra Azul/Bear Creek Redwoods Master Plan
CEQA Planning $ 36,000
La Honda Creek Master Plan CEQA Planning $ 30,000
Small Grants Program
Planning
Operations
Public Affairs
$ 25,000
Page 1 of 3
Resource Program Planning and Policy Development
(cont.)
Staff, Docent and Volunteer Training
Planning
Operations
Public Affairs
Operations - $ 10,550
Public Affairs – Staff time
Resource Management Policy Revisions Planning
Operations
Staff Time
Consultants - $ 2,000
Resource Management 5-Year Strategic Plan
Planning
Operations
Public Affairs
Staff Time
Vegetation Management
Invasive Plant Management & Control District-wide Operations
Public Affairs $ 168,700
Sudden Oak Death Operations $ 77,000
Slender False Broom Operations $ 58,000
Alpine Pond Vegetation Management Plan Operations $ 35,000
Water Quality Protection
El Corte de Madera Watershed Protection Program Planning $ 354,000
Regnart Road Culvert Replacement Engineering and
Construction Planning $ 100,200
Fremont Older Woodhills Trail Realignment Planning $ 25,000
Upper Alpine Road Slide Bypass Trail Planning $ 47,000
Bear Creek Redwoods/Rancho de Guadalupe Road
and Trail Inventories Planning $ 44,000
Big Dipper Ranch Roads Sediment Control – DFG
Fisheries Restoration Grant Planning $ 33,3001
School and Ward Road Upgrades Planning
Operations $ 32,600
Big Dipper Ranch Inholding Driveway
Improvements
Planning
Operations $ 30,000
Thornewood Trails – Bridle Trail Construction Planning $ 26,000
In-stream Water Quality Monitoring Program Planning
Operations $ 25,000
Rapley Ranch Road Creek Crossing Engineering
and Permit fees Planning $ 21,500
Los Trancos Road and Trail Repairs
- Proposition 50 Grant Planning $ 3,0001
Schilling Lake Management Plan Planning $ 3,000
Guadalupe River Watershed Mercury TMDL Planning
Legal Staff time
Long-term permits with Regulatory Agencies Admin
Planning
Staff time
Permit fees - $ 2,500
Wildlife Management
Pig Control Operations $ 26,200
Wildlife Monitoring Operations Staff time
1 Grant Funded Project
2 Project Funded through Real Property Department – not counted against growth guideline
SUB -TOTAL all categories $ 1,853,885
SUB -TOTAL excluding grant funded
and Real Property funded projects $ 1,644,585
(13.9% Growth from FY 07-08)
Page 2 of 3
Primary Resource Planning and
Management Staff Time
% Time
Salary + Benefits
Planning Department
Planning Manager 50% $ 73,600
Senior Planner 50% $ 62,030
Senior Resource Planner 100% $ 125,765
Resource Planner II (9 months) 100% $ 72,060
Resource Planner I 100% $ 105,620
Open Space Planner II (2) 60% $ 131,320
Open Space Planner I (2) 60% $ 92,880
GIS Coordinator 75% $ 66,330
Planning Technician (2) 60% $ 88,690
GIS Intern 50% $ 10,355
Sub-total $ 828,650
Operations Department
Operations Manager 25% $ 33,715
Area Superintendents (2) 25% $ 61,200
Senior Resource Management Specialist 100% $ 125,755
Resource Specialist (1 + 1 for 6 months) 100% $ 141,310
Resource Intern/Temporary Employee 100% $ 19,870
Resource Supervisors (2) 50% $ 103,740
Maintenance Supervisors (2) 25% $ 51,980
Equipment Maintenance Operators (4) 40% $ 151,600
Open Space Technicians (OST) 40% $ 439,115
Seasonal OST 3,500 hours $ 63,530
Rangers (20) 15% $ 241,520
Seasonal Ranger 15% $ 8,720
Sub-total $ 1,442,055
Public Affairs Department
Public Affairs Manager 20% $ 32,000
Volunteer Coordinator 60% $ 52,925
Docent Coordinator 10% $ 9,520
Sub-total $ 94,445
Real Property Department
Real Property Manager 10% $ 15,480
Senior Real Property Planner 25% $ 23,570
Real Property Specialists (2) 25% $ 47,210
Sub-total $ 86,260
Administration Department
General Manager 10% $ 22,410
Administration/Human Resources Manager 10% $ 14,245
Legal Counsel (2) 25% $ 91,060
Management Analyst 10% $ 10,020
Sub-total $ 137,735
Subtotal – Staff Time $ 2,589,145
Subtotal - Categories/Projects (see above)$ 1,853,885
GRAND TOTAL ALL CATEGORIES & STAFF TIME $ 4,443,030
S:\Resource Management\Budget info\Resource Management Budget Summary FY08_09.doc
Page 3 of 3
R-08-45
Meeting 08-09
March 26, 2008
AGENDA ITEM 3b
AGENDA ITEM
Adoption of the Budget for Fiscal Year 2008-2009 including a Three-Point Salary
Increase for all General Manager Appointed Employees.
GENERAL MANAGER’S RECOMMENDATIONS
1) Approve a three-point (3) salary increase for the Office, Supervisory and
Management employees beginning April 1, 2008. The five-year Memorandum
of Agreement (MOA) with the represented employees also provides a three-
point salary increase in Year 3, which commences with the 2008-2009 District
fiscal year.
2) Approve the following proposed new or revised staff positions:
a. Planning Department: a new Senior Resource Planner position including
the proposed job description (see Attachment I).
b. Operations Department: reclassification of the Resource Management
Specialist position to a new Senior Resource Management Specialist
including the proposed job description (see Attachment I); an additional
Resource Specialist I position; one new Ranger position for the Foothills
Field Office; one new Open Space Technician position for the Skyline
Field Office; and an additional 2,000 hours of seasonal time for a new
seasonal ranger program.
c. Administration Department: an additional half-time Administrative
Assistant to provide support to the General Manager and Legal Services.
3) Adopt the attached Resolution approving the budget for Fiscal Year 2008-
2009 and the amendment to the Classification and Compensation Plan
(Exhibit A to the Resolution) reflecting the three-point (3) point salary
increase for all District employees, including the two newly-created positions.
R-08-45 Page 2
DISCUSSION
The proposed Fiscal Year 2008-2009 budget was presented for initial review at your
March 12, 2008 meeting (Report R-08-34). The budget is presented again for your final
consideration and approval (see Exhibit B to the Resolution – Budget Summary). The
$65,122,915 budget breaks down as follows:
Land Purchases $38,687,000
Debt Service $7,587,704
Operating Expenses $13,331,834
Property Management $150,677
Public Access/Planning $1,500,700
Staff Facility Improvements $1,725,000
Other Special Projects $200,000
Coastside Protection $15,000
Unanticipated CIP $25,000
GASB 45 $1,900,000
TOTAL $65,122,915
Note: Since the presentation of the initial Fiscal Year 2008-2009 budget at your first
meeting of March, two changes in the overall budget have been introduced. The previous
land commitments budget has increased by $1,900,000 to cover the pending land
purchase of the Beatty property that will close escrow in the new fiscal year, and a
reduction of general liability insurance to the Real Property, Administration and
Operations Departments of $36,886 due to CALJPIA moving to an eight-year (8)
schedule (instead of the current four (4) year schedule) for retroactive payments to the
insurance pool for incurred losses.
Further details of the Fiscal Year 2008-2009 proposed budget are included in Exhibit B,
FY 2008-2009 Budget Summary.
Included in the proposed FY 2008-2009 budget is a three-point (3) salary increase for all
General Manager appointed employees, including the District Field Employees’
Association, which was approved by the Board at your meeting of August 9, 2006
(Report R-06-86) as part of a five-year Memorandum of Agreement (MOA) with the
represented field employees.
At your meeting of August 9, 2006, you also approved certain benefit enhancements for
the Office, Supervisor and Management Employees, which are included in this proposed
budget. The Office, Supervisory and Management employees of the District are not a
represented group. Therefore, any salary adjustment proposed for the non-represented
employees is approved annually by the Board of Directors. The General Manager’s
recommendation included in the attached resolution includes a three-point (3) salary
increase for this group of employees, which is the same as the represented field
employees per their MOA. No salary increases for the Board Appointee positions are
included in the budget, as the Board approves those, if any, after the appointees’ annual
R-08-45 Page 3
evaluations. Any salary increases for Board appointees will then be included in the
District’s mid-year budget adjustment process.
Also included in the budget and the FY 2008-2009 Classification and Compensation Plan
is the addition of several new and revised positions:
Planning Department: addition of a new Senior Resource Planner position and proposed
job description. Staff is recommending that the salary be established at the same level as
the Planning Department’s current Senior Planner position.
Operations Department: reclassification of the Resource Management Specialist to a new
Senior Resource Management Specialist position and proposed job description. Staff is
recommending that the salary be established at the same level as the Planning
Department’s current Senior Planner and proposed Senior Resource Planner positions.
Other new positions include: one (1) Resource Specialist I position; one (1) Ranger
position for the Foothills Field Office; one (1) Open Space Technician position for the
Skyline Field Office and an additional 2,000 hours of seasonal hours for a new seasonal
ranger program.
Administration Department: addition of an additional half-time Administrative Assistant
to provide dedicated support to the General Manager and Legal Services.
Prepared by:
Gregory L. Sam, Administration and Human Resources Manager
Elaina Cuzick, Management Analyst
Contact person:
L. Craig Britton, General Manager
Attachments:
1. Resolution Approving the Fiscal Year 2008-2009 Budget
2. Attachment I – Senior Resource Planner and Senior Resource Management
Specialist Job Description
3. Exhibit A to the Resolution – FY 2008-2009 Classification and Compensation
Plan
4. Exhibit B to the Resolution – FY 2008-2009 Budget Summary
RESOLUTION NO. 08-______
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
ADOPTING BUDGET FOR FISCAL YEAR 2008-2009
The Board of Directors of the Midpeninsula Regional Open Space District does
resolve as follows:
Section One. Adopt the budget for the Midpeninsula Regional Open Space
District for the Fiscal Year 2008-2009 as set forth in Exhibit A attached hereto.
Section Two. Approve amendment to the Position Classification and
Compensation Plan as set forth in Exhibit B attached hereto, including the new Senior
Resource Planner and Senior Resource Management Specialist classifications and the
proposed job description for each position indicated in Attachment I to the Budget
Report.
Section Three. Upon approval of the Board of Directors, an adjustment to the
New Land Purchases budget category shall be made to reflect any difference between
actual revenue and budgeted revenue as appropriate to fund District operations.
Section Four. Monies are hereby appropriated in accordance with said budget.
* * * * * * * * * * * * * * * * * * * *
Attachment I
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
SENIOR RESOURCE PLANNER / SENIOR RESOURCE MANAGEMENT SPECIALIST
Class specifications are intended to present a descriptive list of the range of duties performed by
employees in the class. Specifications are not intended to reflect all duties performed within the job.
JOB OBJECTIVES
Under general direction, to supervise and coordinate the development and implementation of
multidisciplinary programs, projects and policies related to the planning and management of the District’s
natural and cultural resources; to provide leadership in developing new resource plans and management
strategies; to conduct and oversee research, monitoring, and field observations to assess any threats to
natural resources and to evaluate project impacts; to oversee various resource planning, management,
enhancement, and restoration projects; to supervise and direct the work of staff and consultants on
resource planning and management projects; to review District projects for compliance with federal, state,
and local regulations; to secure project approvals and permits from regulatory agencies; and to prepare
and manage a variety of tasks relative to assigned areas of responsibility.
EXAMPLES OF IMPORTANT RESPONSIBILITIES
The following tasks are typical for positions in this classification. Any single position may not perform all of
these tasks and/or may perform similar related tasks not listed here:
Direct the development and implementation of programs, plans, and policies pertaining to the
protection, restoration, and enhancement of the District’s natural and cultural resources.
Direct, coordinate, and review the work plans for assigned projects and activities; assign projects and
tasks to staff and consultants; monitor workflow; review and evaluate work products, methods, and
procedures; meet with staff to identify and resolve issues.
Oversee research regarding site conditions, protection and restoration; survey field sites for flora and
fauna population distribution; analyze environmental impacts of projects and recreational use on
District lands; prepare restoration plans for specific areas and reserves.
Conduct or participate in a variety of public meetings; respond to questions and inquiries from the
general public and agency personnel regarding natural resource issues.
Participate in the development, budgeting, and administration of assigned program elements; forecast
funds needed for staffing, equipment, materials, and supplies; monitor and approve expenditures.
Attend and participate in professional group meetings; stay abreast of new trends and innovations in
the field of resource management and the preservation and management of natural habitats.
Coordinate with other agencies, organizations, task forces, etc. as appropriate to represent the
resource management interests and objectives of the District.
Establish and maintain open communication with Area Superintendents, field supervisors and other
program staff; coordinate activities and work cooperatively in a professional manner.
Provide interdepartmental coordination, consultation, and advice to ensure that proposed capital
improvement and maintenance projects meet the District’s resource protection objectives; provide
assistance in procuring regulatory agency permits and approvals for construction, maintenance, and
stewardship projects; stay abreast of new regulations and laws affecting the District’s management of
its lands and devise strategies to ensure compliance with federal, state, and local regulations.
Develop and maintain resource inventories of District lands; oversee the collection of field-based data
by staff and consultants; work with the GIS Coordinator to populate the GIS with data related to the
distribution, abundance and habitat conditions for listed species.
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ATTACHMENT I
Senior Resource Planner / Senior Resource Management Specialist (Continued)
Perform related duties and responsibilities as required.
QUALIFICATIONS
Knowledge of:
Advanced principles and practices of ecology, conservation biology, wildlife and vegetation
management.
Principles of supervision, training, and performance evaluation.
Local flora, fauna, geological and aquatic resources.
Advanced methods and techniques of wildland resource protection and restoration.
Advanced methods and techniques of research, analysis, and report preparation.
Basic understanding of GPS and GIS computer technology for data collection, mapping, and analysis.
Principles of budget preparation and control.
Ability to:
Provide professional leadership in the development and implementation of resource plans, policies,
and management programs.
Supervise, direct, and coordinate the work of assigned staff.
Evaluate environmental impacts of proposed projects and recommend appropriate measures.
Assess threats to natural resources through field observations.
Coordinate the work of outside consultants and volunteers.
Conduct research on natural resource issues; analyze data; develop plans and management
prescriptions; and present technical recommendations in clear and concise reports.
Organize information and data and develop priorities to address resource management issues.
Prepare and deliver clear and concise reports and presentations to organizations, agencies and the
general public.
Interpret and apply applicable Federal, State and local laws, codes and regulations.
Respond to requests and inquiries from the general public.
Communicate clearly and concisely in English, both orally and in writing.
Establish and maintain effective working relationships with those contacted in the course of work.
Education and Experience Guidelines
Any combination of education and experience that would likely provide the required knowledge and
abilities is qualifying. A typical way to obtain the knowledge and abilities would be:
Education:
Equivalent to a Bachelor’s degree from an accredited college or university with major course
work in ecology, biology or a related field. A Master’s degree is desirable.
Experience:
Five years of increasingly responsible experience in the analysis and preservation of
ecological systems.
License or Certificate
Possession of a valid driver’s license.
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ATTACHMENT I
Senior Resource Planner / Senior Resource Management Specialist (Continued)
PHYSICAL DEMANDS AND WORKING CONDITIONS
The physical demands herein are representative of those that must be met by an employee to
successfully perform the essential functions of this job. Reasonable accommodations may be made to
enable individuals with disabilities to perform these essential job functions.
Environment: Office and field environment; travel from site to site to conduct observations of natural
resources; exposure to inclement weather conditions and plant and wildlife endemic to open space
lands.
Mobility: Walking, standing or sitting for prolonged periods of time; traversing rough terrain; light to
moderate lifting and carrying.
Vision: Visual acuity to review detailed mapping and observe the condition of District natural
resources and open space land.
Communication: Speaking and hearing to exchange information.
Exempt
Approved April 2008
Exhibit A
Minimum Maximum Minimum Maximum Minimum Maximum Minimum Maximum
Seasonal Open Space Technician 242.50 252.50 18.094 19.992 3,136 3,465 37,636 41,583
Receptionist/Administrative Clerk 249.50 274.50 19.403 24.898 3,363 4,316 40,358 51,788
Farm Maintenance Worker 262.50 287.50 22.089 28.346 3,829 4,913 45,945 58,960
Open Space Technician* 262.50 287.50 22.089 28.346 3,829 4,913 45,945 58,960
Accounting Clerk 264.50 289.50 22.535 28.917 3,906 5,012 46,873 60,147
Administrative Assistant 264.50 289.50 22.535 28.917 3,906 5,012 46,873 60,147
Community Programs Aide 264.50 289.50 22.535 28.917 3,906 5,012 46,873 60,147
Training Coordinator (half-time position) 264.50 289.50 22.535 28.917 3,906 5,012 46,873 60,147
Lead Open Space Technician* 272.50 297.50 24.406 31.319 4,230 5,429 50,764 65,144
Ranger 273.50 298.50 24.651 31.633 4,273 5,483 51,274 65,797
Planning Technician 273.50 298.50 24.651 31.633 4,273 5,483 51,274 65,797
Human Resources Technician 275.50 300.50 25.148 32.271 4,359 5,594 52,308 67,124
Senior Administrative Assistant 275.50 300.50 25.148 32.271 4,359 5,594 52,308 67,124
Docent Programs Coordinator 278.50 303.50 25.912 33.251 4,491 5,764 53,897 69,162
Network Specialist 278.50 303.50 25.912 33.251 4,491 5,764 53,897 69,162
Volunteer Coordinator 278.50 303.50 25.912 33.251 4,491 5,764 53,897 69,162
Equipment Mechanic Operator 281.50 306.50 26.699 34.261 4,628 5,939 55,534 71,263
Senior Accounting Specialist 281.50 306.50 26.699 34.261 4,628 5,939 55,534 71,263
Open Space Planner I 283.50 308.50 27.237 34.951 4,721 6,058 56,653 72,698
Resource Specialist I/Resource Planner I 283.50 308.50 27.237 34.951 4,721 6,058 56,653 72,698
Public Affairs Specialist 283.50 308.50 27.237 34.951 4,721 6,058 56,653 72,698
Communications Specialist 283.50 308.50 27.237 34.951 4,721 6,058 56,653 72,698
Website Content Coordinator 283.50 308.50 27.237 34.951 4,721 6,058 56,653 72,698
Maintenance & Resource Supervisor 288.50 313.50 28.630 36.739 4,963 6,368 59,550 76,417
Supervising Ranger 288.50 313.50 28.630 36.739 4,963 6,368 59,550 76,417
Annual Range $
Classification Title
Step Range Hourly Range $ Monthly Range $
Midpeninsula Regional Open Space District
Classifcation and Compensation Plan
Fiscal Year 2008/09 - Effective 04/01/08
03_exhibit_a_position_class_comp_plan
3/24/2008 Page 1 of 2
Exhibit A
Minimum Maximum Minimum Maximum Minimum Maximum Minimum Maximum
Annual Range $
Classification Title
Step Range Hourly Range $ Monthly Range $
Real Property Specialist 298.50 323.50 31.633 40.592 5,483 7,036 65,797 84,431
GIS Coordinator** 298.50 323.50 31.633 40.592 5,483 7,036 65,797 84,431
Open Space Planner II** 298.50 323.50 31.633 40.592 5,483 7,036 65,797 84,431
Resource Management Specialist** 298.50 323.50 31.633 40.592 5,483 7,036 65,797 84,431
Support Services Supervisor 298.50 323.50 31.633 40.592 5,483 7,036 65,797 84,431
Management Analyst 302.50 327.50 32.921 42.244 5,706 7,322 68,476 87,868
Senior Real Property Planner** 308.50 333.50 34.951 44.850 6,058 7,774 72,698 93,288
Senior Planner** 308.50 333.50 34.951 44.850 6,058 7,774 72,698 93,288
Senior Resource Planner** 308.50 333.50 34.951 44.850 6,058 7,774 72,698 93,288
Senior Resource Management Specialist** 308.50 333.50 34.951 44.850 6,058 7,774 72,698 93,288
Area Superintendent 313.50 338.50 36.739 47.144 6,368 8,172 76,417 98,060
Assistant General Counsel 323.50 348.50 40.592 52.089 7,036 9,029 84,431 108,345
Administration/Human Resources Manager 330.50 355.50 43.528 55.856 7,545 9,682 90,538 116,180
Operations Manager 330.50 355.50 43.528 55.856 7,545 9,682 90,538 116,180
Planning Manager*** 330.50 355.50 43.528 55.856 7,545 9,682 90,538 116,180
Public Affairs Manager 330.50 355.50 43.528 55.856 7,545 9,682 90,538 116,180
Real Property Manager 330.50 355.50 43.528 55.856 7,545 9,682 90,538 116,180
Assistant General Manager 348.50 373.50 52.089 66.842 9,029 11,586 108,345 139,031
Notes:
New positions - Senior Resource Planner and Senior Resource Management Specialist.
Does not include Board appointee positions: General Manager, General Counsel and Controller.
* OST will receive an additional 1% stipend for Class A or B license; Lead OST 1% for Class A.
** Will receive an additional 4% stipend for Masters degree in a related field.
***Will receive an additional 4% stipend for Landscape Architecture license used for District business.
03_exhibit_a_position_class_comp_plan
3/24/2008 Page 2 of 2
Midpeninsula Regional Open Space District
2008/2009 Budget Summary
Exhibit A
Adopted Mid Year Proposed
Budget Budget Budget
I. Revenues
A. Tax Revenues 23,714,000 24,650,000 25,632,000
B. Grant Income 3,921,000 1,878,000 9,157,000
C. Interest Income 1,600,000 2,000,000 1,480,000
D. Property Management-Rental Income 846,000 846,000 926,000
E. Other Income 250,000 250,000 250,000
TOTAL REVENUES 30,331,000 29,624,000 37,445,000
II. Change in Reserves (21,431,944) (21,410,216) (27,677,915)
III. Expenditures
A.
1. Interest 5,566,476 5,566,476 5,043,740
2. Principal 1,851,613 1,851,613 2,543,964
Debt Service Subtotal 7,418,089 7,418,089 7,587,704
B. Salaries
1. Board Appointees 376,833 392,429 370,342
2. Board Appointee Meritorious Awards 0 15,684 0
3. General Manager Appointees 6,108,388 5,983,626 6,498,952
Salaries Subtotal 6,485,221 6,391,739 6,869,294
C. Benefits 2,549,049 2,603,717 4,537,993
D. Director's Fees 25,000 25,000 25,000
Salaries and Benefits Subtotal 9,059,270 9,020,456 11,432,287
Debt Service
Page 1 of 2
Midpeninsula Regional Open Space District
2008/2009 Budget Summary
Exhibit A
Adopted Mid Year Proposed
Budget Budget Budget
E. Services and Supplies
1. Legal Services 97,500 151,500 140,000
2. Regular Outside Services 176,863 178,263 223,000
3. Contract Services 993,330 908,490 1,009,665
4. Election Expense 0 0 110,412
5. Library and Subscriptions 10,700 11,400 12,490
6. Management Agreements 50,000 50,000 50,000
7. Rents and Leases 132,550 101,550 110,000
8. Utilities 159,850 159,050 170,184
9. Postage 47,235 67,535 44,940
10.Printing and Duplicating 41,200 38,250 40,075
11.Insurance 116,100 173,096 223,551
12.Advertising 8,700 13,950 12,400
13.Maps and Aerials 20,350 9,850 8,000
14.Private Vehicle 13,900 10,400 12,800
15.District Vehicle 295,500 295,500 334,965
16.Business Meeting 13,750 12,150 17,360
17.Personnel Development 127,617 109,667 143,242
18.Maintenance/Repair of Equipment 31,600 31,600 31,050
19.Computer Expenses 60,890 83,395 69,540
20.Office Supplies/Small Equipment 32,100 41,500 62,335
21.Field Supplies/Small Equipment 200,300 173,400 241,800
22.Outside Maintenance Services 517,800 550,300 610,030
23.Permits, Fee, Property Taxes 42,900 43,600 48,400
24.Miscellaneous 800 900 900
25.Communications - Publications 100,150 119,525 95,000
26.Communications - Special Projects 12,550 10,050 9,500
27.Volunteer Program 34,150 34,150 35,275
Services and Supplies Subtotal 3,338,385 3,379,071 3,866,914
F. Fixed Assets
1. New & Prior Land Purchases 30,000,000 29,960,000 20,000,000
2. Real Property Support Costs -
Appraisals, Title, Legal, Engineering 300,000 185,000 18,687,000
3. Guadalupe Land Company 0 0 0
4. Structures and Improvements 859,200 533,600 2,890,510
5. Field/Office Equipment 450,000 182,200 342,500
6. Vehicles 338,000 355,800 316,000
Fixed Assets Subtotal 31,947,200 31,216,600 42,236,010
TOTAL EXPENDITURES 51,762,944 51,034,216 65,122,915
Page 2 of 2
R-08-26
Meeting: 08-09
March 26, 2008
AGENDA ITEM 4
AGENDA ITEM
Proposed Lease and Management Agreement with Peninsula Open Space Trust for the One-Half
Interest in the Peninsula Open Space Trust (Behroozi) Property Located Adjacent to the
Kennedy-Limekiln Area of Sierra Azul Open Space Preserve (Santa Clara County Assessor’s
Parcel Numbers 537-09-007 and 537-09-008).
GENERAL MANAGER’S RECOMMENDATIONS
1. Determine that the recommended actions are categorically exempt from the California
Environmental Quality Act (CEQA), as set out in this report.
2. Authorize the General Manager to sign the Lease and Management Agreement with
Peninsula Open Space Trust and, subject to approval by the General Manager and
General Counsel, to approve minor revisions to this agreement which do not substantially
change any material terms of the agreement.
3. Adopt the Preliminary Use and Management Plan contained in this report.
DISCUSSION
On November 14, 2007, you approved the purchase of the 71.34-acre Behroozi Trust property as
an addition to the Kennedy Limekiln Area of Sierra Azul Open Space Preserve (see report R-07-
98). In a separate transaction, Peninsula Open Space Trust (POST) received a gift of an
undivided one-half interest in an adjacent 83.08 acre property from the Behroozi Trust. The
other one-half interest is privately owned as tenants in common with POST. The attached Lease
and Management Agreement is based on POST’s desire that the District manage POST’s
undivided one-half interest in the property as a natural extension to the Sierra Azul Open Space
Preserve.
DESCRIPTION (See Attached Map)
The undeveloped 83.08-acre property is located east of Los Gatos and is adjacent to the Kennedy
Trail along its western boundary. The property is surrounded by District land making it a natural
addition to the Sierra Azul Open Space Preserve. A highly visible ridgeline extending below the
Kennedy Trail continues diagonally through the property to the northeast. The Rancho de
Guadalupe area of the Sierra Azul Open Space Preserve is located east and south of the property.
R-08-26 Page 2
The rectangular shaped property is bordered by the recently purchased 71.43-acre Behroozi Trust
property to the north, the Preserve to the west, south and east, and touches a private property on its
northeast corner. The property would be considered a single buildable parcel: however,
development of the property would be very problematic due to the steep, rugged terrain and difficult
access.
Moderate to steep sloping hillsides of the property includes oak woodland, grassland and
chaparral on the upper ridges. The northeast-facing slopes are wooded with oak, bay, and
madrone. The land is essentially undisturbed, providing excellent watershed protection and
wildlife habitat. These slopes are prominently visible from the Kennedy Trail and the Ranch de
Guadalupe area of the Preserve.
The property is highly visible from Hicks Road, a county scenic road, and trails located on the
surrounding Open Space Preserve and nearby Almaden Quicksilver County Park. The nearby
Kennedy Trail is a popular recreational route and an important patrol access, and is also host to a
portion of the regional Bay Area Ridge Trail. The property is bisected by a tributary of Pheasant
Creek. The property enjoys excellent views of the Santa Clara Valley and the surrounding open
space and park lands. Leasing (and managing) the property from POST will help protect the
scenic ridgeline, views from the Kennedy Trail and valuable watershed and wildlife habitat.
USE AND MANAGEMENT
PLANNING CONSIDERATIONS
POST holds an undivided one-half ownership interest in this property. Consultation with the
remaining one-half interest private owner will be required for use and management planning.
The property is located in an unincorporated area of Santa Clara County and zoned HS
(Hillside), requiring a 20- to 160-acre minimum lot size based upon a slope density formula. The
property consists of one legal parcel.
PRELIMINARY USE AND MANAGEMENT RECOMMENDATIONS
Under the terms of the Lease and Management Agreement, the property will be maintained in a
natural condition and no changes to land use are anticipated. Any changes would require
consultation and cooperation with the remaining one-half interest private property owner. If changes
to land use are proposed in the future, the plan would be subject to further environmental review and
public input.
Public Access: Closed to public use at this time.
Patrol: Routinely patrol the property.
Signs: No signs will be installed at this time.
Site Safety Inspection: There are no known safety hazards on the site.
R-08-26 Page 3
CEQA DETERMINATION
PROJECT DESCRIPTION
The project consists of the lease and management of a one-half interest in an 83.08-acre property
as part of Sierra Azul Open Space Preserve and the concurrent adoption of a Preliminary Use and
Management Plan for the property. While under POST’s ownership the District will manage the
property under the terms of the management agreement which keeps the land in a natural
condition, and closed to the public.
CEQA DETERMINATION
The District concludes that this project will not have a significant effect on the environment. It is
categorically exempt from CEQA (California Environmental Quality Act) under Article 19,
Sections 15301 and 15061 of the CEQA Guidelines as follows:
Section 15301 exempts operation, repair, maintenance, permitting, leasing licensing, or minor
alteration of existing public or private structures, facilities, mechanical equipment, or
topographical features, involving negligible or no expansion of use beyond that existing at the
time of the lead agency’s determination.
The actions proposed in the Preliminary Use and Management Plan are also exempt under
Section 15061, as there is no possibility the actions may have a significant effect on the
environment
TERMS & CONDITIONS
The Lease and Management Agreement has a five year term allowing the District to patrol,
manage the property and enforce its ordinances. If POST is unable to cancel property taxes on
their half interest in the property, the District will be responsible for reimbursing POST for any
property taxes paid by POST. The lease can be extended for an additional five year term by the
General Manager, which would be reported back to the Board at the next available meeting as an
informational item.
Attachments:
Exhibit A Map
Exhibit B Lease and Management Agreement
Prepared by:
Michael C. Williams, Real Property Manager
Map prepared by:
Erica Simmons, Open Space Technician
Contact person:
Michael C. Williams, Real Property Manager
Almaden Quicksilver County Park
Sierra Azul OSP
Rancho de Guadalupe Area
Kennedy Trai l
Ridge Trail
Hicks Ro adPheasant Ro ad
Ar n erich R o ad
POST (Behroozi)83.08 Acres1/2 Interest Parcel
Pheasant Creek
CherrySpringPond
Kennedy-Limekiln Area
POST (Behroozi)Sierra A zul Open Space Preserve
0 0.5 10.25
MilesProduced by Midpeninsula Regional Open Space District, March 2008
Printing Date: March 14, 2008
File: G:\Projects\Sierra_Azul\Behroozi\POSTBehroozi_Trust.mxd cc
Exhibit A
LEASE AND MANAGEMENT AGREEMENT
BEHROOZI PROPERTY
THIS LEASE AND MANAGEMENT AGREEMENT (“Lease”) dated for
reference purposes as of , is between PENINSULA OPEN SPACE TRUST, a California non-
profit public benefit corporation (“POST”), and MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT, a Public District formed pursuant to Section 3 of Chapter 3 of Division 5 of the
California Public Resources Code (“District”).
R E C I T A L S:
A. WHEREAS, POST is an undivided one-half interest owner of a parcel of
real property located in unincorporated Santa Clara County, California, generally known as the
Behroozi Property, containing approximately 83.08-acres, and more particularly described in
Exhibit “A”, which is attached hereto. The Behroozi Property is referred to herein as the
“Property;” and
B. WHEREAS, POST desires to lease the Property to District and District
desires to lease POST’s interest in the Property from POST upon the terms and conditions set
forth below.
C. WHEREAS, the Property is located adjacent to District land and therefore
it is most efficient and in the District’s interest to lease and manage POST’s interest in the
property.
A G R E E M E N T:
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, POST and District (collectively, the “Parties”)
hereby agree as follows:
1. Lease. For and in consideration of the mutual covenants and agreements by the Parties
contained in this Lease, POST does hereby lease to District, and District does hereby lease from
POST, POST’s undivided one-half interest in the Property.
2. Property Leased AS IS. District hereby acknowledges and agrees that for the purposes of
this Lease (a) District has had an adequate opportunity to inspect, evaluate, investigate and test
the Property including, without limitation, the physical, economic and legal condition thereof;
and (b) POST has disclaimed the making of any representations or warranties regarding the
Property other than those expressly set forth herein. Consequently, District specifically
acknowledges and agrees that District hereby leases and accepts the Property in its existing “AS-
IS” condition.
3. Lease Term.
3.1 Initial Lease Term. District shall have and hold the Property for a term
commencing on the Effective Date and ending on the earlier of (A) the conveyance of POST’s
undivided one-half fee title to the Property to District by POST; or (B) five (5) years from the
Page 1
Effective Date (the “Lease Term”). As used herein, the term “Effective Date” shall be the date
this Lease is executed by both POST and District.
3.2 Renewal/Extension of Lease Term. District may, at least 60 days prior to the
expiration date of the Lease Term, give POST written notice of its desire to renew this Lease. In
that event, District and POST agree to meet and negotiate in good faith in an effort to reach
mutual agreement upon the terms and conditions of such a lease renewal, including rent and the
extended lease term. The District’s General Manager shall have the authority to execute such a
lease renewal for a term not to exceed five (5) additional years, provided that the annual rent
does not exceed $1,000.00.
4. Rent. District promises to pay rent (“Rent”) to POST, at the address of POST set forth in
Section 15.5 below (or such other address as POST may designate to District in writing from
time to time), in an amount equal to Ten Dollars ($10.00) annually. POST and District agree that
this amount is reasonable in view of District’s performance of its covenants and agreements
contained herein (including, without limitation, those regarding indemnification, maintenance,
operation and insurance of the Property).
5. POST’s Representations, Warranties and Covenants: POST covenants, represents and
warrants as follows:
5.1 Organization. POST is duly organized and validly existing under the laws of the
State of California.
5.2 Requisite Action. All requisite corporate and legal action has been taken by
POST in connection with POST’s execution of this Lease, and has been taken or will be taken in
connection with the agreements, instruments or other documents to be executed by POST
pursuant to this Lease in order to lawfully consummate the transactions contemplated here.
5.3 Title. To POST’s knowledge, POST owns a one-half undivided fee simple title to
the Property. POST has not executed any contract to sell the Property or any part thereof or
granted an option to purchase the Property or any part thereof or granted a right of first refusal
with respect to the Property or any part thereof.
6. Insurance; Indemnity; Notification.
6.1 District shall maintain and keep in force a policy of general commercial liability
insurance with a carrier licensed to do business in California and reasonably acceptable to POST,
insuring against claims for personal injury, death or property damage occurring in, on, or about
the Property to afford protection to the limit of not less than Two Million Dollars ($2,000,000)
aggregate limit with respect to bodily injury or death and to property damage. All such policies
of insurance shall name POST as an additional insured. District may satisfy this subsection by
providing self-insurance through a government self-insurance pool, which shall provide no less
than the same limits of coverage.
6.2 Indemnification. District agrees to indemnify, defend, and save POST harmless
from any liability, loss, cost, expense or claim of any nature resulting from any damage to person
Page 2
or property arising out of the negligent or intentional acts or omissions of the District in the
exercise of any of its rights or obligations pursuant to this Lease.
6.3 Notification. POST and District agree to notify each other in writing within ten
(10) days after POST or District, as the case may be, receives any written complaint or claim
with respect to this Lease or the Property. The delivery of written notification shall include a
copy of all pleadings if a complaint is filed, or of all correspondence and exhibits if a claim is not
filed.
7. Legal Responsibility and Indemnification. During the life of this Lease, District shall
have full legal responsibility for management, control and operation of POST’s interest in the
Property and the condition thereof and for all activities conducted thereon, and in this respect,
except as otherwise set forth herein, District shall hold POST harmless from and defend POST
against any and all claim or liability for injury or damage to any persons or property whatsoever
occurring during the life of this Lease in, on, or about the Property arising out of any condition of
the Property or of any act, neglect, fault or omission by the District with respect to District
responsibilities as set out in this Lease. POST likewise agrees to indemnify, defend and hold
harmless District and its agents, officers, officials, and employees against any and all claims or
liability for injury or damage to persons or property arising out of or resulting from the negligent
acts or fault of POST, or its agents, employees, officers, or servants, in connection with the
Property. In the event of concurrent negligence, each party will bear responsibility for its acts in
proportion to its fault under the doctrine of comparative negligence.
8. Real Property Taxes and Assessments. POST hereby promises to pay, prior to
delinquency, all Impositions. For the purpose of this Lease, “Impositions” means all taxes,
assessments, rates, charges, license fees, municipal liens, levies, excises or imposts, whether
general or special, or ordinary or extraordinary, of every name, nature and kind whatsoever, if
any, lawfully imposed by any governmental authority or entity (other than District), that may be
levied, assessed, charged or imposed or may be or become a lien or charge upon the Property or
any part thereof; or upon the Rent, or upon the income of POST. Impositions also include, but
are not limited to, the payment of installments on any bonds or periodic charges imposed or
required by any governmental authority or entity (other than District). POST acknowledges that
it may be entitled to certain exemptions from real property taxes that otherwise would be
imposed on the Property. POST will use its best efforts and file all necessary documents and
applications to obtain such tax exemption. If POST’s application for real property tax exemption
is disapproved, and during the term of the Lease POST pays real property taxes assessed against
the Property, District shall reimburse POST for such payment.
9. Use and Management of the Property.
9.1 Use. During the term of this Lease and any extension thereof, District agrees to
use the Property for the purpose of open space preservation and to use the Property as part of the
ecological, recreational and scenic resources of the mid-peninsula area, and for any other related
legal use that is consistent with the purposes for which District was formed and consistent with
the legal rights of any and all owners of any interest in the Property. Without limiting the
generality of the foregoing, District shall specifically have the right to maintain all existing trails
and improvements incidental thereto on the Property for any purpose consistent with the
Page 3
purposes set forth in Article 3 of Chapter 3 of Division 5 of the California Public Resources
Code. Notwithstanding anything herein to the contrary, District shall not, without POST’s prior
written consent (which consent may be granted or withheld in POST’s discretion), make or
permit to be made any physical alterations or changes to the Property other than as may be
reasonably necessary for the purpose of preventing unauthorized access to the Property or to
comply with the terms of this Lease.
9.2 Management. District shall be responsible for management of POST’s interest in
the Property for that period of time from the date of execution of this Lease until District or
another public agency acquires fee title ownership of POST’s interest in the Property from
POST. District may install gates, appropriate signing, and fencing as necessary in the sole
opinion of District and may undertake such other steps as District deems necessary or
appropriate for the proper and safe management of the Property, consistent with the rights of any
and all owners of an interest in the Property.
9.3 Patrol. District will patrol and manage the Property in a manner consistent with
adjacent District holdings with the goal that the Property is kept in a safe and sanitary condition
and that deleterious or incompatible uses of the Property are prohibited. Should any trespass or
other unauthorized use or activities occur upon the Property, District may exercise its authority
to correct these matters including, where necessary, enforcing District regulations and ordinances
on the Property. The Property shall be deemed to be property under the control of District for
purposes of Public Resource Code Section 5558 and shall be deemed to be “District Lands” as
defined in the District Ordinance No. 93-1, subject to the rights of any and all owners of any
interest in the Property.
9.4 Compliance with Laws. District shall comply with any and all federal, state, and
local laws, statues, codes, ordinances, regulations, rules, orders, permits, licenses, approvals and
requirements applicable to the use and occupancy of the Property by District and District shall
not commit and shall not knowingly permit others to commit waste upon the Property.
9.5 Surrender of Property. Except as otherwise provided in this Lease, upon the
expiration or earlier termination of the Lease Term, to the maximum extent the same is
reasonably within the control of District, District shall surrender the Property in substantially the
same condition as it was in upon the Effective Date, except for any changes to such condition
made or caused to be made by POST or any of POST’s agents, lenders, contractors, engineers,
consultants, employees, subcontractors, licensees, invitees and representatives.
9.6 Maintenance and Utilities. During the Lease Term, District shall not use the
Property for any purpose whatsoever except as expressly provided in this Lease. District shall be
solely responsible for the cost of providing any utilities or other services necessary for District’s
use and occupancy of the Property and District shall promptly pay and/or discharge any liens that
may be recorded against the Property or District’s leasehold interest therein resulting from any
work performed or materials ordered by or on behalf of District. During the Lease Term, District
shall maintain and repair the Property in such manner as reasonably necessary to preserve its
existing character; provided, however, that District shall not be obligated to make any material
capital improvements to
Page 4
the Property.
9.7 Removal of Improvements; Damage to Property. Except as POST may
otherwise agree or direct in writing, in POST’s sole discretion, upon expiration or termination of
this Lease, District shall remove from the Property any improvements made or installed by or on
behalf of District. District further acknowledges and agrees that this Lease shall continue in full
force and effect notwithstanding any damage, destruction or casualty to the Property or any
portion thereof, and District expressly waives any right to terminate this Lease as a result of such
damage, destruction or casualty (including, without limitation, any rights granted under Section
1932, subdivision 2, and Section 1933 of the California Civil Code).
10. Assignment and Subletting. District may not assign or sublease this Lease to any other
party without the prior written consent of POST, which consent shall not be unreasonably
withheld or delayed with respect to an assignment to a party that expressly assumes in writing all
of District’s obligations and liabilities hereunder; provided, however, that under no
circumstances will POST withhold its consent to an assignment to another governmental entity
or to a non-profit organization whose principal purpose is environmental conservation and/or
habitat preservation so long as such entity or organization expressly assumes in writing all of
District’s obligations and liabilities hereunder. In the event of an assignment or subletting,
District shall remain liable for the payment of all Rent and the performance of all of District’s
obligations under this Lease, except if and to the extent such obligations are released in writing
by POST.
11. Mortgaging of Leasehold Estate. During the Lease Term, District may not encumber its
leasehold estate without the prior consent of POST, which consent shall not be unreasonably
withheld or delayed.
12. Mortgaging of Fee. During the Lease Term POST may not encumber its fee estate in the
Property without the prior consent of District, which consent shall not be unreasonably withheld
or delayed.
13. Remedies Upon Default.
13.1 POST Remedies. POST shall have the right to terminate this Lease only on
condition that (a) District has failed or refused to perform any of the material covenants or
conditions of this Lease on District’s part to be kept and performed; (b) POST has provided
written notice to District of such material default, specifying in reasonable detail the alleged
nature of the default and specifically referencing each article, section and subsection of this
Lease POST believes in default; and (c) within thirty (30) days of its receipt of such written
notice, District has failed to commence a cure or, if said default is of such nature that the same
cannot be rectified or cured within said thirty (30) day period, and District has failed to
commence the rectification or curing thereof within said thirty (30) day period and/or District
fails thereafter diligently to cause such rectification or curing to proceed to completion.
POST shall have the right to terminate this Lease in the event District defaults under any
of the terms or conditions of this Lease and such default remains uncured for a period of thirty
(30) days following written notice to District of the nature of such default. Notwithstanding the
Page 5
foregoing, however, if the nature of such default is such that it cannot be cured within thirty (30)
days, District shall not be considered in default of this lease so long as District commences the
cure of such default within thirty (30) days and thereafter diligently attempts to complete such
cure as soon as reasonably practical.
13.2 District Remedies. If POST fails or refuses to perform any of the provisions,
covenants or conditions of this Lease on POST’s part to be kept or performed, District shall have
the right to take any action permitted at law or in equity to enforce the provisions, covenants and
conditions of this Lease. However, prior to exercising such right or remedy under this Lease that
District may have against POST on account of any such default, District shall provide thirty (30)
days’ written notice to POST of such default, specifying in reasonable detail the alleged nature of
the default and specifically referencing each article, section and subsection of this Lease District
believes to be in default. Notwithstanding any other provision hereof, District agrees that if said
default is of such a nature that the same cannot be rectified or cured within said thirty (30) day
period, then such default shall be deemed to be rectified or cured if POST within said thirty (30)
day period shall have diligently commenced the rectification or curing thereof and shall
diligently continue thereafter to cause such rectification or curing to proceed to completion.
14. Condemnation.
14.1 Condemnation Award. If the whole or any part of the Property is taken or
condemned by any authority (other than District) for any public use or purpose during the Lease
Term or any extension thereof, any remaining proceeds shall be paid to and retained by POST.
14.2 District Rights. Notwithstanding the foregoing, District hereby reserves the
right to bring any and all separate claims as may permitted by law to compensate District for any
and all claims it may have for the taking of any of District’s property in connection with such
condemnation or other taking, as well as to assert any legal rights or challenges to the authority
of the condemning agency to institute such condemnation proceedings.
14.3 Condemnation of Less Than Entire Property. If less than the entire Property
shall be taken pursuant to such condemnation action, then this Lease shall continue in effect with
respect to the portion of the Property not so taken, except that the Rent payable shall be reduced
by a fraction, the numerator of which shall be the number of acres taken or condemned, and the
denominator of which shall be the acreage of the Property prior to such condemnation.
15. Miscellaneous Provisions.
15.1 Invalidity. If any term or provision of this Lease or the application to any person
or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or
the application of such term or provision to persons whose circumstances other than those as to
which it is held invalid or unenforceable, shall not be affected.
15.2 Successors and Assigns. Subject to the limitations set forth above, the terms,
conditions and covenants of this Lease shall be binding upon and shall inure to the benefit of
each of the Parties, their heirs, personal representatives, successors or assigns, and shall run with
the land; and where more than one party shall be lessors or lessees under this Lease, the words
Page 6
“POST” and “District” whenever used in this Lease shall be deemed to include all lessors or all
lessees, as the case may be, jointly and severally.
15.3 Writing. No waivers, alterations or modifications of this Lease or any agreements
in connection with this Lease shall be valid unless in writing duly executed by both POST and
District.
15.4 Construction. The captions appearing in this Lease are inserted only as a matter
of convenience and in no way define, limit, construe or describe the scope or intent of such
paragraphs of this Lease or in any way affect this Lease. Any gender used shall be deemed to
refer to any other gender more grammatically applicable to the party to whom such use of gender
relates. The use of singular shall be deemed to include the plural and, conversely, the plural shall
be deemed to include the singular.
15.5 Notices. Any notice, demand or request required hereunder shall be given in
writing at the addresses set forth below by any of the following means: (a) personal service;
(b) telephonic facsimile transmission; (c) nationally recognized overnight commercial mail
service; or (d) registered or certified, first class U.S. mail, return receipt requested.
If intended for District, shall be addressed as follows:
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
Attn: General Manager
TEL: (650) 691-1200
FAX: (650) 691-0485
If intended for POST, shall be addressed to:
Peninsula Open Space Trust
222 High Street
Palo Alto, CA 94301
Attn: Audrey Rust, President
TEL: (650) 854-7696
FAX: (650) 854-7703
Such addresses may be changed by notice to the other Party given in the same
manner as above provided. Any notice, demand or request sent pursuant to either clause (a) or
(b), above, shall be deemed received upon such personal service or upon dispatch by electronic
means (provided, however, that a dispatch by facsimile transmission that occurs on any day other
than a business day or after 5:00 p.m. Pacific time shall not be deemed received until 9:00 a.m.
Pacific time on the next business day). Any notice, demand, or request sent pursuant to clause
(c), above, shall be deemed received on the business day immediately following deposit with the
commercial mail service and, if sent pursuant to clause (d), above, shall be deemed received
forty-eight (48) hours following deposit in the U.S. mail.
Page 7
15.6 Authority to Sign. The parties executing this Lease on behalf of POST and
District represent that they have full legal authority and power to sign this Lease on behalf of
POST and District, respectively.
15.7 Indemnification. District and POST each agree to indemnify and hold harmless
the other against and from any and all causes, claims, actions or proceedings arising from any
breach or default in the performance of any obligation on the other’s part to be performed
pursuant to the terms of this Lease, and from and against all costs, attorneys’ fees, expenses and
liabilities incurred in or about such claim or any action or proceeding brought thereon. If any
action or proceeding is brought against POST or District by reason of any such claim, District or
POST, upon notice to the other, shall defend the same at their expense by counsel reasonably
satisfactory to the defended entity.
15.8 Broker. POST and District represent to each other that it has had no dealings with
any real estate broker or agent or finder in connection with this Lease and each shall indemnify
and defend the other from and against any and all claims for commissions or finder’s fees that
may be claimed as a result of the action of either party.
15.9 Entry by POST. POST reserves and shall at any and all times have the right to
enter the Property at reasonable business times upon giving at least forty-eight (48) hours’ prior
written or oral notice to District, to inspect the same for compliance with this Lease or to post
notices of nonresponsibility, except in the event of an emergency for which notice will not be
required, all without being deemed guilty of an eviction of District and without abatement of
Rent, provided that the use of the Property by District and its employees, licensees and invitees
shall be interfered with as little as is reasonably practicable.
15.10 Quiet Enjoyment. So long as District shall perform the terms to be performed by
District hereunder, District shall have the absolute peaceful, quiet use and possession of the
Property without interference or hindrance on the part of POST until the termination of this
Lease and the end of the Lease Term.
15.11 Estoppel Certificate. POST and District shall, at any time and from time to time
upon not less than twenty (20) days’ prior written notice from the other, execute, acknowledge
and deliver to the other a statement in writing (a) certifying that this Lease is unmodified and in
full force and effect (or, if modified, stating the nature of such modification and certifying that
this Lease as so modified, is in full force and effect) and the dates to which the Rent and other
charges are paid in advance, if any, and (b) acknowledge that there is not, to such party’s
knowledge, any uncured defaults on the part of the other party, or specifying such defaults, if
any, that are claimed, and (c) certifying such other items as any party may reasonably request.
The failure of either party to deliver such statement within such time shall be conclusive upon
the other party (a) that this Lease is in full force and effect, without modification except as may
be represented by POST, (b) that there are no uncured defaults in the other party’s performance,
and (c) that not more than one month’s Rent has been paid in advance.
15.12 Conflict of Laws. This Lease shall be governed by and construed pursuant to the
laws of the State of California.
Page 8
15.13 Attorneys’ Fees. If either party should bring suit or seek arbitration under this
Lease, or because of the breach of any provision of this Lease, then all costs and expenses,
including reasonable attorneys’ fees, incurred by the prevailing party therein shall be paid by the
other party, which obligation on the part of the other party shall be deemed to have accrued on
the date of the commencement of such action or arbitration and shall be enforceable whether or
not the action is prosecuted to judgment.
15.14 Waiver. The waiver by either party of any breach of any term, covenant, or
condition herein contained shall not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant or condition herein contained nor shall any custom or practice
that may arise between the Parties in the administration of the terms hereof be deemed a waiver
of, or in any way affect, the right of POST or District to insist upon the performance by District
or POST in accordance with said terms.
15.15 Time. Time is of the essence with respect to the performance of every provision
of this Lease in which time or performance is a factor.
15.16 Prior Agreements. This Lease contains all of the agreements of the Parties with
respect to any matter covered or mentioned in this Lease, and no prior agreement or
understanding pertaining to any such matter shall be effective for any purpose.
15.17 Amendments. No provision of this Lease may be amended or added to except by
an agreement in writing signed by the Parties or their respective successors-in-interest.
15.18 Applicable Law; Severability. As used herein the term “all Applicable Laws”
shall mean and refer to all state, federal and local ordinances, statutes and laws including but not
limited to all such statutes, laws and ordinances referred to in Section 16.2 below. Any provision
of this Lease that shall prove to be invalid, void or illegal in no way affects, impairs or
invalidates any other provisions hereof, and such other provisions shall remain in full force and
effect.
15.19 Signs. With POST’s prior consent (which consent shall not be unreasonably
withheld or delayed), District shall have the right to place signs on or about the Property so long
as such signs comply with all Applicable Laws, including applicable zoning laws.
16. Hazardous Substances.
16.1 Use. District shall not store, use, generate, transport, introduce, or dispose of any
Hazardous Substances in or on the Property, or knowingly allow or permit any other person or
entity to do so, except in compliance with all Applicable Laws, including any obligation to notify
POST of same, except that District may store, use, generate, transport, introduce, or dispose of
such quantities of Hazardous Substances normally used for the purpose of District’s routine and
customary janitorial, pest control, and vegetation management and control operations. District
shall submit to POST copies of all permits, reports, or other documentation pertaining to
Hazardous Substances, if any, submitted by District to any governmental agency at the same
time such documents are submitted to the governmental agency.
Page 9
16.2 Definition. “Hazardous Substances” means any hazardous substance, pollutant,
or contaminant as defined by the Comprehensive Environmental Response, Compensation and
Liability Act of 1980, as amended and reauthorized, hydrocarbon and petroleum products and
byproducts; pesticides regulated under the Federal Insecticide, Fungicide and Rodenticide Act,
as amended; asbestos, polychlorinated biphenyl and other substances regulated under the Toxic
Substances Control Act, as amended; chemicals and compounds subject to the Occupational
Safety and Health Standards, Hazard Communication, as amended; radioactive materials or
radioactive wastes; toxic wastes under the Resource Conservation and Recovery Act, as
amended; hazardous substances as defined in Chapter 6.5, Division 20 of the California Health
and Safety Code, and any other hazardous substance, pollutant or contaminant defined in
regulations promulgated pursuant to statutes described above. Hazardous Substances shall not
include any substance that occurs naturally in the soil or the Property or in the groundwater
thereunder.
16.3 District’s Obligations. District shall be responsible for all investigation,
remediation and monitoring for any Hazardous Substances to the extent required by all
Applicable Laws with respect to Hazardous Substances.
16.4 District’s Indemnity. District shall indemnify, defend, and hold POST harmless
from any expenses, fees, claims, liabilities or costs arising from, and shall perform (or cause
others to perform), all investigation, remediation and monitoring required by any Applicable
Laws with respect to any Hazardous Substances, to the extent required by any Applicable Laws
with respect to Hazardous Substances.
16.5 POST’s Obligations. POST shall be responsible for all investigation,
remediation and monitoring for any Hazardous Substances introduced or permitted to be
introduced in, on, or under the Property by POST or any of its employees, agents, contractors,
invitees, or licensees (“POST Hazardous Substances”) to the extent required by any Applicable
Laws with respect to Hazardous Substances.
16.6 POST’s Indemnity. POST shall indemnify, defend, and hold District harmless
from any expenses, fees, claims, liabilities or costs, and shall perform (or cause others to
perform), all investigation, remediation and monitoring required by any Applicable Laws with
respect to Hazardous Substances arising from any POST Hazardous Substances.
16.7 Survival. POST’s and District’s obligations under this Article 16 shall survive the
expiration or earlier termination of this Lease, including, without limitation, any termination
resulting from any default by POST or District under the Lease.
17. Arbitration of Disputes. If a dispute arises out of or relates to this Lease or the
performance or breach thereof, the parties agree first to participate in non-binding mediation in
order to resolve their dispute. If the parties are unable to resolve their dispute through mediation,
or if there is any remaining unresolved controversy or claim subsequent to mediation, any
remaining unresolved controversy or claim shall be settled by arbitration. The parties shall
jointly select one arbitrator who shall be a retired or former judge of the Superior Court of
California. The arbitration shall be conducted in accordance with the rules set forth in California
Code of Civil Procedure Sections 1280 et seq. Hearings shall be held in Santa Clara County,
Page 10
California. If the parties are unable to agree upon an arbitrator, the arbitration shall be conducted
by Judicial Arbitration and Mediation Services, Inc. in accordance with the rules thereof. If
arbitration is required to resolve a dispute, it shall in all cases be final and binding.
NOTICE: BY INITIALING IN THE SPACE BELOW, YOU ARE AGREEING TO HAVE
ANY DISPUTE ARISING FROM THE MATTERS INCLUDED IN THE
“ARBITRATION OF DISPUTES” PROVISION DECIDED BY NEUTRAL
ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP
ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A
COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW, YOU ARE
GIVING UP YOUR JUDICIAL RIGHTS TO AND APPEAL UNLESS THOSE RIGHTS
ARE SPECIFICALLY INCLUDED IN THE “ARBITRATION OF DISPUTES”
PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING
TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE
AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR
AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.
WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT
DISPUTES ARISING FROM THE MATTER INCLUDED IN THE “ARBITRATION OF
DISPUTES” PROVISION TO NEUTRAL ARBITRATION.
///
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Lease and Management Agreement
POST AND DISTRICT, by their execution below, indicate their consent to the terms of
this Lease.
POST INITIAL __________ DISTRICT INITIAL ____________
DISTRICT:
MIDPENINSULA REGIONAL OPEN
SPACE DISTRICT, a Public District
formed pursuant to Section 3 of Chapter 3
of Division 5 of the California Public
Resources Code
By:
L. Craig Britton
Its: General Manager
Date:
POST:
PENINSULA OPEN SPACE TRUST, a
California non-profit public benefit corporation
By:
Audrey Rust
Its: President
Date: ______________________________
APPROVED AS TO FORM:
By: ____________________________
Susan Schectman, General Counsel
Date: ____________________________
ATTEST:
By: _____________________________
Greg Sam, District Clerk
Date: _____________________________
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Lease and Management Agreement
EXHBIT A
The following described real property in the unincorporated area in the County of Santa Clara,
State of California:
ALL OF LOTS 12 AND 13, OF SECTION 25, TOWNSHIP 8 SOUTH, RANGE 1 WEST,
MOUNT DIABLO BASE AND MERIDIAN ACCORDING TO THE OFFICIAL PLAT OF
SURVEY OF THE SAID LAND RETURNED TO THE GENERAL LAND OFFICE BY
SURVEYOR GENERAL OF THE UNITED STATES ON APRIL 17, 1882.
Page 12
219230.1 MI244-001 1
DISTRICT GENERAL COUNSEL EMPLOYMENT AGREEMENT
This Employment Agreement (“Agreement”) is entered into this 26th day of March 2008, by and
between Midpeninsula Regional Open Space District, a California public agency (“District”),
and Susan M. Schectman (“the General Counsel”).
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Designation of District General Counsel
SUSAN M. SCHECTMAN is appointed and employed as legal counsel for the District.
The designation of the position is General Counsel.
2. Essential Duties
The General Counsel shall perform her duties consistent with due diligence, according to
the highest and most professional standards, and in compliance with all federal, state and
local laws, ordinances, rules and regulations which are applicable to or associated with
the performance of such duties.
A. Administrative Duties
1) The General Counsel shall attend all regular and special meetings of the
District Board of Directors as needed. The General Counsel’s duties in
this connection shall be to render advice and opinions with respect to
legal matters which may arise during such meetings, except legal matters
which may pertain to proceedings wherein specialized legal services are
to be provided by special counsel or which do not fall within the General
Counsel’s scope of duties.
2) The General Counsel shall also attend meetings of committees and staff
of the District when requested to do so by the District Board of Directors
or the District General Manager.
3) When requested to do so by the District Board of Directors or District
General Manager, the General Counsel shall prepare and review
resolutions, notices, contracts, leases, ordinances and other legal
documents and papers in matters pertaining to the District, and shall also
examine for legal sufficiency all documents submitted to her by the
District.
4) The General Counsel shall perform legal research as required to attend
to the legal needs of the District and shall review legislation and court
decisions to determine their effect upon District affairs.
5) The General Counsel shall cooperate with and assist the District, its
officers, directors, agents and employees on all general legal matters
219230.1 MI244-001 2
pertaining to the District, including the enforcement of District laws,
ordinances and codes.
6) The General Counsel shall also perform such other related and
appropriate legal services for the District as may be requested by the
District Board of Directors or the District General Manager.
B. Litigation Duties
When requested to do so by the District Board of Directors, the General Counsel
shall represent the District in legal and administrative proceedings to which the
District may be a party.
3. Acting General Counsel
The General Counsel shall select another person or persons to act as General Counsel to
the District in cases where the General Counsel is unable to act due to illness, vacation or
other reason. The selection of Acting General Counsel shall be subject to the approval of
the District Board of Directors where the appointment exceeds three weeks.
4. Limitation on Duties
A. The General Counsel’s position shall be full time and her regular work hours shall
be generally 40 hours of service per week, including attendance at Board or Board
Committee meetings.
B. It is recognized that the District normally contracts with special counsel in certain
matters pertaining to the District, such as labor relations, worker’s compensation,
general liability and bond issues. In the event legal services are provided by
special counsel, the General Counsel will be responsible for general oversight in
such cases to ensure the District is effectively represented and for providing
general legal assistance and support to the special counsel as needed.
5. Compensation and Benefits
A. As compensation for the services to be performed hereunder, the General Counsel
shall receive an annual salary at the rate of $164,725.60, effective April 1, 2008.
B. Annual Salary Adjustment and Performance Review: The Board shall annually
review the General Counsel's performance. At that time, the parties may propose
to modify or amend this Agreement and the Board may consider an annual salary
adjustment for the General Counsel. Any such annual salary adjustment shall be
effective on April 1st.
C. Meritorious Pay: The District may grant the General Counsel meritorious pay,
ranging from 0% to 5% over and above the General Counsel’s annual salary.
Such meritorious pay shall be based on the Board’s annual review of the General
Counsel’s performance. Evaluation shall be based upon criteria and objectives to
219230.1 MI244-001 3
which the Board and the General Counsel have mutually agreed. Meritorious pay
shall not be a salary adjustment, but rather recognition for performance during the
previous year of service.
D. Benefits: The General Counsel shall receive the benefits available to regular full
time employees of the District including those set out in the District’s “Personnel
Policies and Procedures Manual” on the same terms available to these employees,
except for medical insurance coverage of the health plan selected by the General
Counsel for which District will pay the full family premium. The General
Counsel may participate in any District optional benefit plan at her own cost.
E. Retirement Plan: The District contracts with the California Public Employees’
Retirement System (“PERS”) to provide its employees the Local Miscellaneous
2.5% at 55 retirement plan (“the Plan”). The District shall pay all but 1% of the
General Counsel’s required 8% contribution to PERS, resulting in an Employer
Paid Member Contribution (“EPMC”) of 7%, and will pay the District’s employer
contribution in accordance with the District’s Plan. Effective April 1, 2008, the
District shall pay all but 2% of the General Counsel’s required 8% employee
contribution, resulting in EPMC of 6% and will pay the District’s employer
contribution in accordance with the District’s Plan.
F. Leave: The General Counsel shall earn leave as set forth in the District’s
“Personnel Policies and Procedures Manual” and “Administrative Leave Program
for Managers”.
G. Mileage Allowance: The General Counsel will be eligible to receive mileage
reimbursement at the applicable District rate for use of her personal vehicle on
District business.
H. Special Compensation. The District shall report the value of EPMC to PERS as
special compensation. The full terms of the attached District Resolution
implementing this provision are incorporated herein by reference. In the event that
for any reason PERS disallows any of General Counsel’s salary or compensation
to be included in the calculation of the value of the General Counsel’s retirement
benefit, the General Counsel shall have no claim or recourse of any kind against
the District.
6. Termination and Severance Pay The General Counsel may terminate this Agreement
upon forty-five (45) days’ written notice to District. District may terminate this Agreement by
written notice to the General Counsel at any time. The General Counsel serves at the pleasure of
the District Board of Directors and may be discharged without cause. In the event that the
District terminates the General Counsel’s employment for reasons other than malfeasance,
commission of an illegal act, or current drug abuse, the Board shall compensate the General
Counsel in an amount equal to six (6) months’ salary as of the date of termination.
7. Entire Agreement This instrument and the attached resolution regarding PERS contain
the entire agreement of the parties and may be changed only by an agreement in writing signed
by the parties hereto.
219230.1 MI244-001 4
8. Effect of Waiver No waiver by a party of any provision of this Agreement shall be
considered a waiver of any other provision or subsequent breach of the same or of any other
provision, including the time for performance of any such provision. The exercise by a party of
any remedy provided in this Agreement or at law shall not prevent the exercise by that party of
any other remedy provided in this Agreement or at law.
9. Supersedes Prior Agreement This Agreement supersedes any and all previous
employment agreements and amendments thereto entered into by and between the District and
the General Counsel.
10. Amendment No amendment, alteration, or variation in the terms of this Agreement is
valid unless made in writing and signed by both parties.
11. Notices: Any notices to be given by either party to the other shall be made in writing by
either personal delivery or by mail, registered or certified, postage prepaid, with return receipt
requested. Notices delivered personally shall be deemed received as of actual receipt; mailed
notices shall be deemed received as of five days after the date postmarked. Mailed notices shall
be addressed to the respective parties as follows:
To the District: Midpeninsula Regional Open Space District, 330 Distel Circle, Los Altos,
California 94022, Attention: Clerk of the Board of Directors.
For Schectman: Same as above.
IN WITNESS WHEREOF, the parties hereto have executed this Employment Agreement
effective this 26th day of March 2008, at Los Altos, California.
MIDPENINSULA REGIONAL OPEN GENERAL COUNSEL:
SPACE DISTRICT:
By: ____________________________ ________________________
Pete Siemens, President Susan M. Schectman
Date: ____________________________ Date: __________________
ATTEST: __________________________________
Greg Sam, District Clerk
RESOLUTION NO. 08-12
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA
REGIONAL OPEN SPACE DISTRICT APPROVING PAYING AND REPORTING THE
REDUCED VALUE OF PERS EMPLOYER PAID MEMBER CONTRIBUTIONS
(EPMC) FOR THE BOARD APPOINTEE GROUP
WHEREAS, the governing body of the Midpeninsula Regional Open Space District has
the authority to implement Government Code Section 20636 (e) (4) pursuant to Section 20691;
and
WHEREAS, the governing body of the Midpeninsula Regional Open Space District has
a written labor policy or agreement which specifically provides for the normal member
contributions to be paid by the employer and reported as additional compensation; and
WHEREAS, one of the steps in the procedures to implement Section 20691 is the
adoption by the governing body of the Midpeninsula Regional Open Space District of a
Resolution to commence paying and reporting the value of said Employer Paid Member
Contributions (EPMC); and
WHEREAS, this Resolution to decrease the District's EPMC from seven -percent (7%)
to six -percent (6%) effective April 1, 2008 shall supersede Resolution No.. 07-16, which set
EMPC at seven -percent (7%) for the Board Appointee group.
6 This benefit shall apply to all employees of the Board Appointee group of the
Midpeninsula Regional Open Space District: General Manager, General Counsel
and Controller,
• This benefit shall consist of paying six -percent (6%) of the normal member
contributions as EPMC, and reporting the same percent (value) of compensation
earnable [excluding Government Code Section 20636 (c)(4)] as additional
compensation.
O The effective date of this Resolution shall be April 1, 2008,
NOW, THEREFORE, BE IT RESOLVED that the governing body of the
Midpeninsula Regional Open Space District elects to pay and report the value of EPMC, as set
forth above.
* * *
* * *
* * * * *
*
* *
* * * * *
RESOLUTION No. 08.12
PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space
District on February 27, 2008 at a Special and Regular Meeting thereof, by the following
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Jed Cyr, Mary Davey, Larry Hassett, Curt Riffle,
Ken Nitz, Nonette Hanko, Pete Siemens
None
None
None
Secretary r)
Board of Directors
r
Board of Directors
1, the District Clerk of the Midpeninsula Regional Open Space District neredy ceruiy urai
the above is a true and correct copy of a resolution duly adopted by the Board of Directors of
the Midpeninsula Regional Open Space District by the above vote at a meeting thereof duly
held and called on the above day,
Regional Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-08-50
Meeting 08-09
March 26, 2008
AGENDA ITEM 6
AGENDA ITEM
Approval of Meritorious Pay Award for the General Manager.
AD HOC BOARD APPOINTEE EVALUATION COMMITTEE’S RECOMMENDATIONS:
1. As a result of the Board's evaluation of the General Manager's performance for the period of
March 10, 2007 through March 9, 2008, the Ad Hoc Board Appointee Evaluation Committee
recommends a 5% meritorious pay award, based on the General Manager's outstanding
performance.
2. Adopt the attached resolution approving the General Manager's 5% meritorious pay award
totaling $8,960.43.
DISCUSSION
The Board completed its annual evaluation of the General Manager's performance at its March 11,
2008 meeting. The Board was very pleased with the General Manager’s performance and
outstanding success on overall District programs. The Ad Hoc Board Appointee Evaluation
Committee was instructed to serve as the District’s negotiator and met with the General Manager to
review a performance award. No compensation review was required, as the General Manager will be
retiring from District service on April 13, 2008. Based on the Board's review of the General
Manager's performance during the evaluation period, the Committee recommends that a 5%
meritorious pay award of $8,960.43 (based upon an annual salary of $179,708.64) be granted to the
General Manager. This award is not a salary adjustment, but rather is granted as a one-time award in
recognition of his performance during his year of District service from March 10, 2007 through
March 9, 2008 as mentioned above. The Board is very pleased with the General Manager's
outstanding performance during the past year. Significant District accomplishments, included the
following:
Administration Department:
1. Adopted and implemented the updated Personnel Policies and Procedures (which was 7 years
in the making). *
2. Completed GASB 45 actuarial valuation for the District’s retiree medical obligation. Will be
implementing the pre-funding strategy beginning in FY 2008/09. *
3. Key Recruitments – successfully recruited and filled key management and staff vacancies due
R-08-50 Page 2
to anticipated retirements, staff departures and newly created positions: General Manager,
Operations Manager, Administration/Human Resources Manager, Real Property
Administrative Assistant, Management Analyst, Network Specialist, GIS Coordinator, and
Web Content Coordinator. *
4. Made major progress towards connecting the field offices with the Administrative Office
through a Virtual Private Network (VPN) system to allow field offices access to District files,
forms, databases and other information.
5. Successfully coordinated and completed important District events: General Manager
Retirement Event (to come), State-of the District, Staff Recognition and Holiday Party. *
6. Implemented CalOpps - a new web-based online application program to allow employment
applicants to apply online, automate the recruitment process and reduce paper volume and
staff time on administering recruitments.
7. Developed, monitored, and revised District FY 2007/08 budget. Coordinated Action Plan
development, implementation and program evaluation processes. *
8. Provided financial management and accounting services, including investment of temporarily
idle funds and compliance with new government accounting standards. Assured compliance
with purchasing policies through review of all purchases and ongoing education of staff.
Solicited RFP’s and selected new audit firm for three-year contract.
9. Coordinated preparation and distribution of all materials for the Board's regular and special
meetings including uploading of Board meeting agendas, minutes and reports to the District’s
web site. *
10. Continued upgrading of the District’s network computer system to increase the efficiency,
effectiveness and reliability of our information technology systems. Provided day-to-day
technical support to the Administrative and field offices; continued to assess the District’s IT
systems, developed resources and managed technological change and improvements.
11. Employee Relations/Organizational Communications Program – coordinated, monitored and
supported positive employee relations and effective organizational communication. Enhanced
management, supervisory, leadership and communication skills and maintained a greater
emphasis on people management versus task management. *
Real Property Department:
1. Purchased or under contract: 980 acres of open space including 707-acre Tunitas Creek, 57-
acre Beatty (Sierra Azul), 54-acre BDS (Sierra Azul), 9-acre Smith (Monte Bello), 71-acre
Behroozi (Sierra Azul), 80-acre Merrill Trust (Sierra Azul) properties. *
2. The 707.48-acre POST Tunitas Creek Ranch property was purchased at no cost to the District
with a $462,500 Habitat Conservation Fund (HCF) grant, a gift value of $3,782,500 for a total
Fair Market Value of $4,245,000. *
R-08-50 Page 3
3. In contract to purchase 57-acre Beatty property with a 50% grant ($950,000) from Santa
Clara County Parks providing excellent staging and trail opportunities for Sierra Azul. *
4. Entered into a long-term lease extension for the historic Picchetti Winery at a fair market rent
of $4,250 per month and site plan monitoring. **
5. Agreed upon an MOU with Santa Clara County regarding lot line adjustments and the
District's exemption for the mapping requirements of the Subdivision Map Act.
6. Filed for non-renewal on Williamson Act contracts in Santa Clara County (including the
Town of Los Gatos and the City of Palo Alto). **
7. Obtained approval of $500,000 HCF grant for the POST (Madonna Creek Ranch) property
adjacent to Mills Creek Preserve. *
8. Submitted initial grant requests to the Coastal Conservancy and HCF for the Purisima to the
Sea connection and to Coastal Conservancy for Madonna Creek Ranch. *
9. As part of the Behroozi 71-acre property purchase, negotiated a gift to POST of a 50%
interest in the adjoining 83-acre Behroozi property. **
10. As part of Merrill Trust 80-acre property purchase, negotiated a gift to POST of the adjoining
81-acre property. **
11. Negotiated lease amendment with Driscoll Ranches releasing the former Folger residence to
District ownership and control for future management of the 3,671 acre POST Driscoll Ranch
property.**
Operations Department:
1. Completed Phase III of the El Corte de Madera Resource Protection Plan. Realigned and
narrowed the Giant Salamander Trail for reduced silt loading of the El Corte de Madera
Creek, which is part of the protected San Gregorio Watershed.
2. Reviewed and developed a working matrix of practices recommended by LA Consulting on
the Land Management Efficiency Study. Many of LA Consulting’s recommendations were
implemented which has improved staff’s time management and documentation. The Staff
Report on this matter came before the Board at the Regular Meeting of March 12, 2008.*
3. Assist and support Planning with the La Honda Creek and Sierra Azul Master Plans. **
4. Completed Trail Layout and construction of the Page Mill Trail, connecting Los Trancos
Open Space Preserve with Palo Alto Foothills Park in preparation for a celebration officially
recognizing the historic connection (driving the “Golden Spike”).**
5. Worked with Resource Planning in developing and presenting to the Board the initial 5- Year
Strategic Resource Management Plan.**
R-08-50 Page 4
6. Worked with Resource Planning in establishing grazing on the former Big Dipper/Silva
property at Skyline Ridge. Housed the Resource Management Specialist (under a new Board
approved District employee housing program) on site in the former Silva Residence for on-
site monitoring and management of the grazing operation.
7. Successfully conducted a Vegetation Management Controlled Burn on Russian Ridge to
reduce Harding Grass biomass and to improve the habitat for native forbs (wildflowers). **
8. Worked with the Legal, Public Affairs, and Real Property Departments to develop a public
outreach campaign and secure rights-of-entry in order to treat Slender False Brome on
neighboring properties.
9. Scouted out a viable trail route at Thornwood, addressing the issues involved with the current
Dennis Martin Creek Trail. Assisted Planning in obtaining permits by making presentations
and leading hikes on the proposed alignment.
Public Affairs Department:
1. Proposed, designed and implemented the visitor estimate survey. **
2. Planned and completed the initial portion of the project to design a new District logo. Several
meetings were held with LFPAC, District staff and the full Board. *
3. Planned and carried out the District poll and two focus groups. **
4. Designed and completed the process to enable District to allow volunteers to work
unsupervised (ARMS): Task Force Team was formed; other agencies interviewed; a program
outline, budget, and training program created. Program was approved in December 2007 and
kicked off in January 2008.
5. Media: Public Affairs has distributed a total of 43 releases in calendar year 2007 and four (4)
releases in 2008. Consistently placed a variety of positive articles in papers from the
Chronicle, and the San Jose Mercury News to the Half Moon Bay Review. **
6. Revitalized the campaign to clean up Mt. Umunhum by hiring a Washington D.C. lobbyist
firm. *
7. Several improvements were made to the Web site: Created an electronic version of District
newsletter Open Space Views; designed e-mail notification blast now used by Public Affairs
and Planning Departments; converted volunteer and docent newsletters to electronic format
and discontinued use of printed version; Designed and uploaded the District’s online store;
changed home page photos on regular basis.
8. Conducted media spokesperson training for staff and Board.
9. Organized lots of events:
a. Coordinated 2nd Annual Ridge Trail Cruz with BARTC – in just second year maxed
out on attendance.
R-08-50 Page 5
b. Volunteer Recognition Event at Los Trancos; over 150 participants; provided hikes on
the new Foothills Park/Los Trancos trail connection. Awarded District Volunteers and
Docents w/ 35th Anniversary T-shirts at projects and outdoor activities. *
c. Coordinated (3) Earth Day and (2) National Trail Day events.
d. Pulgas Ridge Ribbon Cutting Event for new “Dusky-Footed Wood Rat Trail.” *
e. Lois Crozier-Hogle Bench dedication at Rancho San Antonio. *
f. Fremont Older House tour.
g. Westwind Barn Event.
h. Dick Bishop Trail dedication at Pulgas Ridge. *
10. AB 697 – worked with legislators to achieve passage of bill to extend payback of
District’s notes to 30 years. Currently started in Senate-based Government Committee -
Passed Assembly by a unanimous vote. *
11. Volunteers: Recruit, screen, and train new Trail Patrol, Crew Leader, Community Outreach
and Special Field Project volunteers to assist staff in maintaining and protecting District
preserves. Offer enrichment opportunities for active volunteers.
Volunteer Trail Patrol – 30 new members
Crew Leaders – over 300 hours assisting w/ OSPs
Special Field Project Volunteers – 2 Eagle Scout and 1 Girl Scout Bronze projects
Enrichment Opps – Author Richard Walker, ‘The Greening of SF Bay Area’; Planning Dept
Presentation; Building the District Greenbelt by Craig Britton; etc.
Planning Department:
1. La Honda Creek Master Plan—excellent public participation process including a very well
received Open House; the Draft Plan cleared Ad Hoc Committee and will be presented to full
Board in spring.
2. Thornewood—U&M Plan approved; permits pending with the Town of Woodside (a multi-
year project); trail construction planned for Spring/Summer of 2008. *
3. Resource Management Strategic Plan—very strong interdepartmental collaboration to
produce a comprehensive plan (staff consensus achieved); Board tentatively approved plan. *
4. Resource Planning Grants—secured $250,000 for water quality protection in San Francisquito
Creek Watershed (at Thornewood and Los Trancos), $150,000 for Pescadero Creek (Big
Dipper and Old Page Mill Road); and $40,000 for FEMA-related storm. repairs at Alpine
Road.
5. Resource Policies—Board tentatively approved Forestry and Ecological Succession Policies,
and had a well-received workshop on Wildland Fire Management to kick off that policy. **
6. GIS—hired outstanding Coordinator and started addressing years-long backlog of projects
including “Virtual Del” land holding database, Google Earth integration, California
Department of Fish and Game, etc.
R-08-50 Page 6
7. Permit streamlining-- Completed 10 year MOA with California Department of Fish and
Game, and are in final negotiations with Regional Water Quality Control Board and U.S.
Army Corps of Engineers.
8. Conservation Grazing—Completed U&M Plans for Big Dipper and Tunitas and selected
tenants; completed draft plan for La Honda and interim plan for Mindego.
9. ECdM Staging Area—Completed design and secured U&M Committee approval.
10. Staffing—hired GIS Coordinator (Casey), Planner II (Tina), filled Open Space Planner I
vacancy with Andrea after competitive recruitment, and hired Gretchen as Planning Tech.
ITEMS SLATED TO COME BEFORE THE BOARD PRIOR TO THE GENERAL
MANAGER’S RETIREMENT:
1. El Sereno Open Space Preserve Use and Management Plan Amendment to establish a 6-car
permit parking lot on the former Hayes property. *
2. El Corte de Madera Open Space Preserve Use and Management Plan Amendment to establish
a public parking lot fronting on Skyline Boulevard. **
3. Purchase of the POST Mindego Ranch property, totaling 1,047 acres at a net cost of
$14,436,000 (which includes a gift from POST of $6,000,000 below their $28,500,00
purchase price, a grant from the Coastal Conservancy of $7,500,000 and a grant of $564,000
in per capita funds from Proposition 40). *
4. Purchase of the 90-acre Hicks Creek Stables Property. **
5. A management agreement with POST for the former Behroozi property gift of a 50% interest
in 83 acres of land associated with the District’s purchase of the adjoining 71-acre home site.
**
6. A management agreement with POST for the former Merrill Trust property gift of 81 acres
associated with the District’s purchase of the adjoining 80-acre property. **
* Direct Involvement by General Manager ** Indirect Involvement by General Manager
Some Little known facts:
1. After the close of escrow of the former Beatty property of 57 acres (with a $950,000 grant
from the County of Santa Clara) and the property purchases mentioned above, the
District’s total acreage will be 57,242.99
2. In its history, not including the above-mentioned projects, the District has received nearly
$40 million in land acquisition grants and over $52 million in land gifts at a total cost
(including grants and gifts) of nearly $343 million.
R-08-50 Page 7
Submitted by:
Ad Hoc Board Appointee Evaluation Committee
(Directors Siemens, Cyr and Riffle)
Contact person:
Pete Siemens, Chair
RESOLUTION NO. 08-____
A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE MIDPENINSULA REGIONAL OPEN SPACE
DISTRICT APPROVING 2007-2008 MERITORIOUS PAY
AWARD FOR THE DISTRICT GENERAL MANAGER
WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District
entered into a District General Manager Employment Agreement (“Agreement”), dated August
25, 2004, with L. Craig Britton, employing him as the District's General Manager; and
WHEREAS, the Agreement provides for an annual review of the General Manager's
performance, which the Board has completed; and
WHEREAS, the Board, based on its annual review of Britton's performance, desires to
grant him meritorious pay of 5% or $8,960.43 over and above Britton's salary in recognition of
his outstanding performance during the previous year of service.
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the
Midpeninsula Regional Open Space District does grant the General Manager by adoption of this
resolution a 5% meritorious pay award in the amount of $8,960.43 over and above the General
Manager's salary for meritorious service in Fiscal Year 2007-2008.
* * * * * * * * * * * * * * * * * * * * * * *
R-08-48
Meeting: 08-09
March 26, 2008
AGENDA ITEM 7
AGENDA ITEM
Choose Typography and Color Scheme for the New District Logo.
LEGISLATIVE, FUNDING AND PUBLIC AFFAIRS COMMITTEE’S (LFPAC)
RECOMMENDATION
Review and select typography and color for the new District logo.
DISCUSSION
At your January 30, 2008 meeting you evaluated the final three logo designs and decided on one
top choice as the new District logo. At the same meeting you also assigned LFPAC with
completing Phases II and III of the logo project, which includes review and selection of
typography, color, and the District patch.
The LFPAC Committee met on February 27, 2008 and selected the typography, and met on
March 12, 2008 and chose two different color schemes for the new logo. The Committee decided
to submit both of the final two designs to the full Board for its consideration.
LFPAC also approved two variations of a District patch design on March 12, 2008, and the
Committee members have asked that District field staff be given the opportunity to select one
design version that will become the new District patch.
The District patch will be presented as an Informational Report to the Board at a future meeting.
Prepared by:
Rudy Jurgensen, Public Affairs Manager
Contact person:
Nonette Hanko, Chair
Legislative, Funding and Public Affairs Committee
R-08-51
Meeting: 08-09
March 26, 2008
AGENDA ITEM 8
AGENDA ITEM
Approve Agreement to Participate in the CalPERS California Employer’s Retiree Benefit Trust
Fund (CERBT) Program to Pre-fund Other Post-Employment Benefits for GASB 45.
GENERAL MANAGER’S RECOMMENDATIONS
Approve Agreement and Election to Pre-fund Other Post-Employment Benefits through the
CalPERS Employer’s Retiree Benefit Trust Fund (CERBT) Program to set aside funds in an
irrevocable 115 Trust Plan to fund the District’s GASB 45 obligation contingent on the Board’s
approval of the District’s Budget for Fiscal Year 2008-2009, at the Regular Board Meeting of
March 26, 2008 (Agenda Item 3b).
DISCUSSION
The District participates in the CalPERS retirement program providing employees with the
2.5%@55 retirement plan. The District also participates in the CalPERS health program and has
approximately 80 active employees and five (5) retirees receiving healthcare benefits.
On June 21, 2004, the Governmental Accounting Standards Board (GASB) adopted Statement
No. 45, which requires state and local government agencies to account in their financial
statements other (than pension) post employment benefits (OPEB). One of the most common
forms of retiree benefits (other than pension) in local government is health plan coverage.
Currently, the District provides a retiree healthcare benefit of $300 per month (which will
increase to $350 per month on January 1, 2009) for employees who retire from the District with
at least five years of service.
The intent of GASB 45 was to bring governmental accounting standards more in line with
private company standards. Though GASB has no power to change how governments fund
retiree health, pension and other benefits, it does govern the rules that auditors must follow in
providing options on the reliability of governmental financial statements.
In December 2007, the District retained the firm of Bartel Associates to perform its GASB 45
actuarial valuation study. The results showed that the present value (measure of the District’s
obligation for expected retiree healthcare benefits attributed to both past and future service for
current employees and retirees) of the District’s retiree health obligation is $1.949 million. The
Annual Required Contribution (ARC) in FY 2008/09 to payoff the District’s obligation over 30
R-08-26 Page 2
years was calculated to be $177,000. This figure is adjusted 3.2% annually to reflect an increase
in payroll costs.
As with other local government agencies, staff is proposing the District join the CalPERS
California Employer Benefit Trust (CERBT) Program to set aside funds in an irrevocable 115
Trust Plan to payoff its GASB 45 obligation. This is referred to as “pre-funding.” The CERBT
Program is expected to yield a long-term rate of return of 7.75%, which is a higher rate than the
District could receive if it kept its cash in the Santa Clara County pooled investment fund. In
order to realize significant savings over both the short and long-term, staff is proposing the
District make a payment of $1.9 million in fiscal year 2008/09 to help pay off its GASB 45
obligation instead of making just its ARC payment amortized over 30 years. This amount is
included in the proposed FY 2008/09 Budget. The District Controller, General Manager and
Administration and Budget Committee all support this recommendation. Payment of the $1.9
million is contingent upon the Board approving the FY 2008/09 budget as proposed which
includes the GASB 45 cost factored into next year’s expenses.
GASB 45 does not require a government agency to pay its ARC every year. Historically, most
public sector agencies have accounted for OPEB using a “pay-as-you-go” approach (pay bills as
they come due); few have pre-funded or set aside monies for OPEB benefits. However, this can
be detrimental to an agency, as the unfunded liability must be reported on an agency’s financial
statements. Reporting GASB 45 unfunded accrued liability on financial statements makes it
more difficult to obtain a desired rate of interest when attempting to borrow money on the open
market. It can also impact an agency’s bond rating. Pre-funding of OPEB liabilities generally
contributes to a higher bond rating as bond rating companies monitor the funding status of retiree
benefit obligations, and help determine the interest rates paid on debt. Conversely, using a “pay
as-you-go approach” can adversely affect an agency’s bond rating.
On a last note, pre-funding results in a reduction in costs in the long-term as investment earnings
from the CalPERS CERBT Program would supplement employer and employee contributions
for retiree healthcare costs. Investment earnings from funds set aside today will reduce future
budget pressures tomorrow. Pre-funding helps secure expected retiree benefits for employees by
creating a pool of assets, strengthening the financial ability to continue to offer retiree benefits in
the long-term.
As of January 31, 2008 there are currently 25 public agencies participating in the CERBT Fund
with $115.2 million assets under management.
Prepared by:
Bunny Congdon, Senior Accounting Specialist
Gregory L. Sam, Administration and Human Resources Manager
Contact person:
Gregory L. Sam, Administration and Human Resources Manager
Attachments:
1. Agreement and Election to Pre-fund Other Postemployment Benefits Through CalPERS
2. Delegation of Authority to Request Disbursements
CALIFORNIA EMPLOYER'S RETIREE BENEFIT TRUST PROGRAM ("CERBT")
AGREEMENT AND ELECTION
OF
Midpeninsula Regional Open Space District
(NAME OF EMPLOYER)
TO PREFUND OTHER POST EMPLOYMENT
BENEFITS THROUGH CaIPERS
WHEREAS (1) Government Code Section 22940 establishes in the State Treasury the
Annuitants' Health Care Coverage Fund for the prefunding of health care coverage for
annuitants (Prefunding Plan); and
WHEREAS (2) The California Public Employees' Retirement System (CatPERS) Board
of Administration (Board) has sole and exclusive control and power over the
administration and investment of the Prefunding Plan (sometimes also referred to as
CERBT), the purposes of which include, but are not limited to (i) receiving contributions
from participating employers and establishing separate Employer Prefunding Accounts
in the Prefunding Plan for the performance of an essential governmental function (ii)
investing contributed amounts and income thereon, if any, in order to receive yield on
the funds and (iii) disbursing contributed amounts and income thereon, if any, to pay for
costs of administration of the Prefunding Plan and to pay for health care costs or other
post employment benefits in accordance with the terms of participating employers'
plans; and
WHEREAS (3) Midoeninsn.la Regional O en Space District
(NAME OF MPLp ER)
(Employer) desires to participate in the Prefunding Plan upon the terms and conditions
set by the Board and as set forth herein; and
WHEREAS (4) Employer may participate in the Prefunding Plan upon (1) approval by
the Board and (ii) filing a duly adopted and executed Agreement and Election to Prefund
Other Post Employment Benefits (Agreement) as provided in the terms and conditions
of the Agreement; and
WHEREAS (5) The Prefunding Plan is a trust fund that is intended to perform an
essential governmental function within the meaning of Section 115 of the Internal
Revenue Code as an agent multiple -employer plan as defined in Governmental
Accounting Standards Board (GASB) Statement No. 43 consisting of an aggregation of
single -employer plans, with pooled administrative and investment functions;
Rev 0l /O9/2OOB
NOW, THEREFORE, BE IT RESOLVED THAT EMPLOYER HEREBY MAKES THE
FOLLOWING REPRESENTATION AND WARRANTY AND THAT THE BOARD AND
EMPLOYER AGREE TO THE FOLLOWING TERMS AND CONDITIONS:
A. Representation and Warranty
Employer represents and warrants that it is a political subdivision of the State of
California or an entity whose income is excluded from gross income under Section 115
(1) of the internal Revenue Code.
B. Adoption and Approval of the Agreement; Effective Date, Amendment
(1) Employer's governing body shall elect to participate in the Prefunding Plan by
adopting this Agreement and filing with the CalPERS Board a true and correct original
or certified copy of this Agreement as follows:
Filing by mail, send to: Ca1PERS
Constituent Relations Office
CERBT (OPEB)
P,O, Box 942709
Sacramento, CA 94229-2709
Filing in person, deliver to:
CaIPERS Mailroom
Attn: Employer Services Division
400 Q Street
Sacramento, CA 95814
(2) Upon receipt of the executed Agreement, and after approval by the Board, the
Board shall fix an effective date and shall promptly notify Employer of the effective date
of the Agreement.
(3) The terms of this Agreement may be amended only in writing upon the agreement
of both CaIPERS and Employer, except as otherwise provided herein. Any such
amendment or modification to this Agreement shall be adopted and executed in the
same manner as required for the Agreement. Upon receipt of the executed amendment
or modification, the Board shall fix the effective date of the amendment or modification,
(4) The Board shall institute such procedures and processes as it deems necessary to
administer the Prefunding Plan, to carry out the purposes of this Agreement, and to
maintain the tax exempt status of the Prefunding Plan. Employer agrees to follow such
procedures and processes.
Rev 01/09/2008
2
C. Actuarial Valuation and Employer Contributions
(1) Employer shall provide to the Board an actuarial valuation report on the basis of the
actuarial assumptions and methods prescribed by the Board. Such report shall be for
the Board's use in financial reporting, shall be prepared at least as often as the
minimum frequency required by GASB Statement No. 43, and shall be:
(a) prepared and signed by a Fellow or Associate of the Society of Actuaries
who is also a Member of the American Academy of Actuaries or a person
with equivalent qualifications acceptable to the Board;
(b) prepared in accordance with generally accepted actuarial practice and
GASB Statement Nos. 43 and 45; and,
(c) provided to the Board prior to the Board's acceptance of contributions for
the valuation period or as otherwise required by the Board..
(2) The Board may reject any actuarial valuation report submitted to it, but shall not
unreasonably do so. In the event that the Board determines, in its sole discretion, that
the actuarial valuation report is not suitable for use in the Board's financial statements or
if Employer fails to provide a required actuarial valuation, the Board may obtain, at
Employer's expense, an actuarial valuation that meets the Board's financial reporting
needs. The Board may recover from Employer the cost of obtaining such actuarial
valuation by billing and collecting from Employer or by deducting the amount from
Employer's account in the Prefunding Plan.
(3) Employer shall notify the Board of the amount and time of contributions which
contributions shall be made in the manner established by the Board.
(4) Employer contributions to the Prefunding Plan may be limited to the amount
necessary to fully fund Employer's actuarial present value of total projected benefits, as
supported by the actuarial valuation acceptable to the Board. As used throughout this
document, the meaning of the term "actuarial present value of total projected benefits"
is as defined in GASB Statement No. 45. If Employer's contribution causes its assets in
the Prefunding Plan to exceed the amount required to fully fund the actuarial present
value of total projected benefits, the Board may refuse to accept the contribution.
(5) Any Employer contribution will be at least $5000 or be equal to Employer's Annual
Required Contribution as that term is defined in GASB Statement No. 45. Contributions
can be made at any time following the seventh day after the effective date of the
Agreement provided that Employer has first complied with the requirements of
Paragraph C.
Rev 01/09/200B
3
D. Administration of Accounts, Investments, Allocation of Income
(1) The Board has established the Prefunding Plan as an agent plan consisting of an
aggregation of single -employer plans, with pooled administrative and investment
functions, under the terms of which separate accounts will be maintained for each
employer so that Employer's assets will provide benefits only under employer's plan..
(2) All Employer contributions and assets attributable to Employer contributions shall be
separately accounted for in the Prefunding Plan (Employer's Prefunding Account).
(3) Employer's Prefunding Account assets may be aggregated with prefunding account
assets of other employers and may be co -invested by the Board in any asset classes
appropriate for a Section 115 Trust..
(4) The Board may deduct the costs of administration of the Prefunding Plan from the
investment income or Employer's Prefunding Account in a manner determined by the
Board.
(5) Investment income shall be allocated among employers and posted to Employer's
Prefunding Account as determined by the Board but no less frequently than annually..
(6) If Employer's assets in the Prefunding Plan exceed the amount required to fully fund
the actuarial present value of total projected benefits, the Board, in compliance with
applicable accounting and legal requirements, may return such excess to Employer.
E. Reports and Statements
(1) Employer shall submit with each contribution a contribution report in the form and
containing the information prescribed by the Board.
(2) The Board shall prepare and provide a statement of Employer's Prefunding Account
at least annually reflecting the balance in Employer's Prefunding Account, contributions
made during the period and income allocated during the period, and such other
information as the Board determines.
F. Disbursements
(1) Employer may receive disbursements not to exceed the annual premium and other
costs of post employment healthcare benefits and other post employment benefits as
defined in GASB 43,
(2) Employer shall notify CalPERS in writing in the manner specified by Ca1PERS of the
persons authorized to request disbursements from the Prefunding Plan on behalf of
Employer.
Rev 01/09/2008
4
(3) Employer's request for disbursement shall be in writing signed by Employer's -
authorized representative, in accordance with procedures established by the Board,
The Board may require that Employer certify or otherwise establish that the monies will
be used for the purposes of the Prefunding Plan.
(4) Requests for disbursements that satisfy the requirements of paragraphs (2) and (3)
that are received on or after the first of a month will be processed by the 15«' of the
following month.. (For example, a disbursement request received on or between March
1st and March 31st will be processed by April 15th; and a disbursement request
received on or between April 1st and April 30th will be processed by May 15th, )
(5) CaIPERS shall not be liable for amounts disbursed in error if it has acted upon the
instruction of an individual authorized by Employer to request disbursements. In the
event of any other erroneous disbursement, the extent of CaIPERS` liability shall be the
actual dollar amount of the disbursement, plus interest at the actual earnings rate but
not less than zero,
(6) No disbursement shall be made from the Prefunding Plan which exceeds the
balance in Employer's Prefunding Account,
G. Costs of Administration
Employer shall pay its share of the costs of administration of the Prefunding Plan, as
determined by the Board,.
H. Termination of Employer Participation in Prefunding Plan
(1) The Board may terminate Employer's participation in the Prefunding Plan if.
(a) Employer gives written notice to the Board of its election to terminate,
(b) The Board finds that Employer fails to satisfy the terms and conditions of
this Agreement or of the Board's rules or regulations.
(2) If Employer's participation in the Prefunding Plan terminates for any of the foregoing
reasons, all assets in Employer's Prefunding Account shall remain in the Prefunding
Plan, except as otherwise provided below, and shall continue to be invested and accrue
income as provided in Paragraph D.
(3) After Employer's participation in the Prefunding Plan terminates, Employer may not
make contributions to the Prefunding Plan.
Rev 01/09/2008
5
(4) After Employer's participation in the Prefunding Pia n terminates, disbursements
from Employer's Prefunding Account may continue upon Employer's instruction or
otherwise in accordance with the terms of this Agreement,
(5) After thirty-six (36) months have elapsed from the effective date of this Agreement
(a) Employer may request a trustee to trustee transfer of the assets in
Employer's Prefunding Account. Upon satisfactory showing to the Board
that the transfer will satisfy applicable requirements of the Internal
Revenue Code and the Board's fiduciary duties, then the Board shall
effect the transfer within one hundred twenty (120) days. The amount to
be transferred shall be the amount in the Employer's Prefunding Account
as of the disbursement date and shall include investment earnings up to
the investment earnings allocation date immediately preceding the
disbursement date.. In no event shall the investment earnings allocation
date precede the transfer by more than 120 days,
(b) Employer may request a disbursement of the assets in Employer's
Prefunding Account. Upon satisfactory showing to the Board that all of
Employer's obligations for payment of post employment health care
benefits and other post employment benefits and reasonable
administrative costs of the Board have been satisfied, then the Board shall
effect the disbursement within one hundred twenty (120) days,. The
amount to be disbursed shall be the amount in the Employer's Prefunding
Account as of the disbursement date and shall include investment
earnings up to the investment earnings allocation date immediately
preceding the disbursement date, In no event shall the investment
earnings allocation date precede the disbursement by more than 120
days.
(6) After Employer's participation in the Prefunding Plan terminates and at such time
that no assets remain in Employer's Prefunding Account, this Agreement shall
terminate.
(7) If, for any reason, the Board terminates the Prefunding Plan, the assets in
Employer's Prefunding Account shall be paid to Employer after retention of (1) amounts
sufficient to pay post employment health care benefits and other post employment
benefits to annuitants for current and future annuitants described by the employer's
current substantive plan (as defined in GASB 43), and (ii) amounts sufficient to pay
reasonable administrative costs of the Board,
(8) If Employer ceases to exist but Employer's Prefunding Plan continues to exist and if
no provision has been made by Employer for ongoing payments to pay post
employment health care benefits and other post employment benefits to annuitants for
current and future annuitants, the Board is authorized to and shall appoint a third party
administrator to carry out Employer's Prefunding Plan, Any and all costs associated
Rev 01/09/2008 6
with such appointment shall be paid from the assets attributable to contributions by
Employer..
(9) If Employer should breach the representation and warranty set forth in Paragraph
A., the Board shall take whatever action it deems necessary to preserve the tax-exempt
status of the Prefunding Plan.
I, General Provisions
(1) Books and Records.
Employer shall keep accurate books and records connected with the performance of
this Agreement, Employer shall ensure that books and records of subcontractors,
suppliers, and other providers shall also be accurately maintained. Such books and
records shall be kept in a secure location at the Employer's office(s) and shall be
available for inspection and copying by CaIPERS and its representatives,
(2) Audit..
(a) During and for three years after the term of this Agreement, Employer
shall permit the Bureau of State Audits, CaIPERS, and its authorized
representatives, and such consultants and specialists as needed, at all
reasonable times during normal business hours to inspect and copy, at the
expense of CaIPERS, books and records of Employer relating to its
performance of this Agreement.
(b) Employer shall be subject to examination and audit by the Bureau of State
Audits, CaIPERS, and its authorized representatives, and such
consultants and specialists as needed, during the term of this Agreement
and for three years after final payment under this Agreement. Any
examination or audit shall be confined to those matters connected with the
performance of this Agreement, including, but not limited to, the costs of
administering this Agreement. Employer shall cooperate fully with the
Bureau of State Audits, CaIPERS, and its authorized representatives, and
such consultants and specialists as needed, in connection with any
examination or audit. All adjustments, payments, and/or reimbursements
determined to be necessary by any examination or audit shall be made
promptly by the appropriate party.
(3) Notice..
(a) Any notice, approval, or other communication required or permitted under
this Agreement will be given in the English language and will be deemed
received as follows:
Rev 01/09/2008
7
1. Personal delivery. When personally delivered to the recipient.
Notice is effective on delivery.
2. First Class Mail, When mailed first class to the last address of the
recipient known to the party giving notice. Notice is effective three
delivery days after deposit in a United States Postal Service office
or mailbox.
3. Certified mail. When mailed certified mail, return receipt requested.
Notice is effective on receipt, if delivery is confirmed by a return
receipt.
4. Overnight Delivery. When delivered by an overnight delivery
service, charges prepaid or charged to the sender's account, Notice
is effective on delivery, if delivery is confirmed by the delivery
service.
5.. Telex or Facsimile Transmission. When sent by telex or fax to the
last telex or fax number of the recipient known to the party giving
notice. Notice is effective on receipt, provided that (i) a duplicate
copy of the notice is promptly given by first-class or certified mail or
by overnight delivery, or (ii) the receiving party delivers a written
confirmation of receipt. Any notice given by telex or fax shall be
deemed received on the next business day if it is received after
5:00 p.m. (recipient's time) or on a nonbusiness day.
6. E-mail transmission. When sent by e-mail using software that
provides unmodifiable proof (1) that the message was sent, (ii) that
the message was delivered to the recipient's information processing
system, and (iii) of the time and date the message was delivered to
the recipient along with a veritable electronic record of the exact
content of the message sent.
Addresses for the purpose of giving notice are as shown in Paragraph B.(1) of this
Agreement.
(b) Any correctly addressed notice that is refused, unclaimed, or
undeliverable because of an act or omission of the party to be notified
shall be deemed effective as of the first date that said notice was refused,
unclaimed, or deemed undeliverable by the postal authorities, messenger
or overnight delivery service.
(c)
Any party may change its address, telex, fax number, or e-mail address by
giving the other party notice of the change in any manner permitted by this
Agreement.
Rev 01/09/200B
8
(d) All notices, requests, demands, amendments, modifications or other
communications under this Agreement shalt be in writing. Notice shall be
sufficient for all such purposes if personally delivered, sent by first class,
registered or certified mail, return receipt requested, delivery by courier
with receipt of delivery, facsimile transmission with written confirmation of
receipt by recipient, or e-mail delivery with verifiable and unmodifiable
proof of content and time and date of sending by sender and delivery to
recipient. Notice is effective on confirmed receipt by recipient or 3
business days after sending, whichever is sooner,
(4) Modification
This Agreement may be supplemented, amended, or modified only by the mutual
agreement of the parties. No supplement, amendment, or modification of this
Agreement shall be binding unless it is in writing and signed by the party to be charged
(5) Survival
All representations, warranties, and covenants contained in this Agreement, or in any
instrument, certificate, exhibit, or other writing intended by the parties to be a part of
their Agreement shall survive the termination of this Agreement until such time as all
amounts in Employer's Prefunding Account have been disbursed.
(6) Waiver
No waiver of a breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and
signed by the party waiving the breach, failure, right, or remedy. No waiver of any
breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure,
right, or remedy, whether or not similar, nor shall any waiver constitute a continuing
waiver unless the writing so specifies.
(7) Necessary Acts, Further Assurances
The parties shall at their own cost and expense execute and deliver such further
documents and instruments and shall take such other actions as may be reasonably
required or appropriate to evidence or carry out the intent and purposes of this
Agreement.
Rev 01 /09/2006
9
A majority vote of Employer's Governing Body at a public meeting held on the 26th.
in the year 2nns , authorized entering
day of the month of march
into this Agreement.
Signature of the Presiding Officer:
Printed Name of the Presiding Officer: Pete Siemens
Name of Governing Body: MPOSD Board of Directors
Name of Employer: Midpeninsula Regional Open Space DiS ri i
Date:
BOARD OF ADMINISTRATION
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
BY
KENNETH W. MARZION
ACTUARIAL AND EMPLOYER SERVICES BRANCH
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
To be completed by CaIPERS
The effective date of this Agreement is:
Rev Dr/09/2008
10
CaIPERS
DELEGATION OF AUTHORITY
TO REQUEST DISBURSEMENTS
RESOLUTION
OF THE
MROSD Board of Directors
(GOVERNING BODY)
OF THE
Midpeninsula Regional Open. Space District
(NAME OF EMPLOYER)
The
the positions of
MRO,SD Board of Directors delegates to the incumbents in
(GOVERNING BODY)
General Manager
Administration Manager
(TITLE)
(TITLE)
and
authority to request on behalf
of the Employer disbursements from the Other Post Employment Prefunding
Plan and to certify as to the purpose for which the disbursed funds will be used.
Title
Witness
Date
OPEB Delegation of Authority (2/07)
R-08-47
Meeting 08-09
March 26, 2008
AGENDA ITEM 9
AGENDA ITEM
Assign the Ad Hoc Board Appointee Evaluation Committee to Recommend a Process to
Develop Goals and Objectives for Board Appointees as a Part of the Performance Evaluation
Process.
GENERAL MANAGER’S RECOMMENDATION
Assign the Ad Hoc Board Appointee Evaluation Committee to recommend a process to develop
goals and objectives for Board Appointees as part of the performance evaluation process.
DISCUSSION
General Manager Craig Britton announced that he would be retiring from the District on April
13, 2008, after 30 years of service with the District. The Board conducted an extensive
executive search for a new General Manager and approved the appointment of Mr. Steve Abbors
to the position on February 27, 2008, with a start date of April 14, 2008. With the appointment of
Mr. Abbors, there was interest from the Board to develop a goals and objectives evaluation
process for all of the District’s Board appointees, which are the General Manager, General
Counsel and Controller. Therefore, in accordance with your policies, this request is being
forwarded in order for the full Board to officially request that this assignment be considered by
the Ad Hoc Board Appointee Evaluation Ad Hoc Committee (composed of Directors Siemens,
Riffle and Cyr).
Prepared by:
Gregory L. Sam, Administration/Human Resources Manager
Contact person:
Same as above
R-08-44
Meeting: 08-09
March 26, 2008
AGENDA ITEM 10
AGENDA ITEM
Approve Issuing a Permit to Enter and Construct to the County of Santa Clara for a Bridge
Replacement Project on Stevens Canyon Road at Saratoga Gap Open Space Preserve.
GENERAL MANAGER’S RECOMMENDATIONS
1. Consider the recommended action under the California Environmental Quality Act
(CEQA) as set out in this report.
2. Approve the attached Permit to Enter and Construct to the County of Santa Clara for
replacement of County bridges 37C-576 and 37C-577 along Stevens Canyon Road at
Saratoga Gap Open Space Preserve.
DISCUSSION
The Santa Clara County Roads and Airports Department (“County”) desires to replace two
Stevens Canyon Road bridges that are past their useful life expectancy and have begun to fail.
The two bridges are located within the upper reaches of Stevens Canyon (see attached Area
Map). The construction of the new bridges will involve a slight realignment of the existing
roadway that will affect approximately 3,700 square feet of District lands (see attached Plat
Maps). The realignment of the roadway will also result in excess right-of-way consisting of
approximately 3,038 square feet that the County will no longer require and will quitclaim to the
District.
The proposed Permit to Enter and Construct (“Permit”) would allow the County to enter District
lands to complete the bridge replacement project, and would require the County to return to the
District upon completion of the project to obtain a grant of easements for the approximately
3,700 square feet of affected lands, and in exchange the County will quitclaim to the District all
excess right-of-way along Stevens Canyon Road contiguous with any District lands. That
transaction will correct the County’s recorded right-of-way, as portions of the existing roadway
fall outside of the recorded right-of-way as it travels through the canyon.
The County expects to commence work on the bridge replacement project later this spring, and
anticipates completing the project within approximately two years. The Permit will run from
June 1, 2008 through December 31, 2010.
District staff has also identified a 4.7-acre surplus County parcel located off of Congress Spring
Road (Highway 9) that would be a logical addition to the District’s Saratoga Gap Open Space
Preserve (see attached Area Map). The parcel is located within a steep drainage and is
R-08-44 Page 2
surrounded on three sides by District lands. The County acquired this parcel through tax sale in
1974. Although not a part of this permit, the County Roads and Airports Department has
pledged to seek approval from the County Board of Supervisors for transfer of this parcel to the
District in exchange for mitigation credit for this project and future County Roads projects
affecting District lands, or where the County’s mitigation requirements by other agencies could
be met by undertaking natural resource restoration or improvement projects on District lands.
TERMS AND CONDITIONS
The County agrees to deliver to the District upon completion of the bridge replacement project a
recordable quitclaim of all excess right-of-way adjacent to District lands along Stevens Canyon
Road. The District would grant an easement to the County for the affected District lands. The
County is responsible for obtaining all permits and environmental compliance required for the
project.
CEQA COMPLIANCE
Project Description
As the Lead Agency on this project, the County of Santa Clara adopted a Mitigated Negative
Declaration (MND) on April 6, 2004. The project consists of replacing two existing bridges that
are located on Stevens Canyon Road (a county road) and that cross Stevens Creek. The project
would involve the phased demolition and reconstruction of the two bridges and related roadway
improvements. The MND considered the bridge replacement project and found that, with the
incorporation of mitigations, the project would not have a significant effect on the environment.
Mitigation measures prescribed by the MND included surveys for California red-legged frogs
and replacement plantings for impacted big-leaf maple/white alder riparian vegetation.
The action to be taken by the District consists of granting permission to the County to enter and
disturb approximately 3,700 square feet of District open space lands as part of the County’s
bridge replacement project. Upon completion of the project, the District will grant permanent
road easements to the County for the affected lands and the County will quitclaim excess
portions of its existing road right-of-way to the District.
CEQA Determination
As a responsible agency under the California Environmental Quality Act (CEQA), the District
considered the MND and now determines that no substantial changes in the project or in the
circumstances under which it will be undertaken have occurred.
Report prepared by:
Michael Reeves, Real Property Specialist
Map prepared by:
Gretchen Laustsen, Planning Technician
Contact Person:
Michael Reeves
Attachments:
- Area Map
- Plat Maps (2)
- Permit to Enter and Construct
S a r a t o g a G a p
O p e n S p a c e P r e s e r v e
Monte
Bello
·|}9
·|}9
Congres s
Springs
Roa d
Skyli ne
Indian
Road
Nutmeg Tr ail
Skyline-t o-the-
Sea Tr a il
Heather
Heights
Road
R oad
S a n A n d r e a s R i f t Z o ne
S a n A n d r e a s R i f t Z o ne
Trail
Stevens Canyon Road
·|}35
·|}35
Stevens Creek
Oil Creek
Santa Clara Co. Surplus Parcel
Bridge Replacement Locations
I
0 0.25 0.50.125
Miles
Permit to Enter and Construct Stevens Canyon Road Bridge Replacement Project
Exhibit A: Area Map
Produced by Midpeninsula Regional Open Space District, March 2008
._ , POINT OF
I-4 ovp N,, BEGINNING
s �,
LEGEND
(A) EMERSON RD VIEWER REPORT (JUNE 4, 1888)
FILE # 356, OFFICE OF THE CLERK OF THE BOARD
7/8" REBAR `. NS OF SUPERVISORS IN THE COUNTY
'` "Zvi_ OF SANTA CLARA, CALIFORNIA
0A, (B) TRANSIT BOOK # 1128 PAGE 96
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EXHIBIT "B"
PLAT
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AUGUST 21, 2007
A.P.N. ASSESSORS PARCEL NUMBER
1" = 4-0'
S 78'30'00" W
e' _2 ��
-- I MIDPEN1NSULAREGIONAL \r-23.39'
OPEN SPACE DIST.
DOCUMENT NUMBER 16984040
L ✓ A.P.N. 351-16.023
cp O DETAIL
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PLAT TO ACCOMPANY
DESCRIPTION
AUGUST 21, 2007
SEE DETAIL
SAWYER, KEVIN, ET AL
DOCUMENT NUMBER 16432043
A.P.N. 351-27-006
EASTERLY LINE
PARCEL A
500 M. 40
N76.3°'004
]� 69,W
S 004`6''5`5" E
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EASTERLY LINE
PARCEL A
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4
TRUE POINT
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POINT OF BEGINNING
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S88'30'00'W (A)
1.I5 CH CA) 75,90'
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cif
0
S24•00'00'W
22,16'
=PENINSULA REGIONAL OPEN SPACE DIST.
DOCUMENT NUMBER 16984040
A.P.N. 351-27-002
DETAIL
LEGEND
1" = 20'
(A) EMERSON RD VIEWER REPORT (JUNE 4, 1888)
FILE # 356, OFFICE OF THE CLERK OF THE BOARD
OF SUPERVISORS IN THE COUNTY
OF SANTA CLARA, CALIFORNIA
(B) TRANSIT BOOK # 128 PAGE 97
A.P.N. ASSESSORS PARCEL NUMBER
PAGE 1 OF 1
Owner: Midpeninsula Regional Open Space District
Location: Stevens Canyon Road
APNs: 351-16-023 and 351-27-02
PERMIT TO ENTER AND CONSTRUCT
This permit to enter and construct is between the Midpeninsula Regional Open Space
District, ("District") and the County of Santa Clara, its contractors and consultants (collectively,
"County”).
District and County hereby agree:
1. Premises. District grants County permission to enter District lands ("the Premises”),
comprised of portions of Santa Clara County Assessor’s Parcel Numbers 351-16-023 and 351-
27-002, as such are more particularly described in Exhibit A and depicted on Exhibit B, both
attached hereto and incorporated by this reference, for construction of County Replacement
Bridges 37C-576 and 37C-577 (the “Project).
2. Term. This permission shall commence at 12:01 AM on June 1, 2008 and shall terminate at
11:59 PM on December 31, 2010, except as to those matters which are to specifically survive
such termination.
3. Easements. Upon completion of the Project, County shall promptly submit to District:
A. Legal descriptions of the area actually occupied by and necessary for the replacement
bridges and appurtenant approaches, supports and drainage improvements (the “as-
builts”) in the form of recordable easement deeds.
B. Legal descriptions for such excess right-of-way created by the Project as exists along
Stevens Canyon Road contiguous to any District property at that time in the form of
recordable quitclaim deeds.
4. Project Conditions.
A. County is solely responsible for all permits and environmental compliance required for
the Project.
B. County shall minimize impacts to woody vegetation. Prior to start of operations on the
Project, County shall install tree protection as needed.
C. County shall incorporate into the Project all practicable erosion control and water quality
Best Management Practices.
5. Indemnification. County shall indemnify, reimburse, hold harmless and defend District
from all liability, damages, loss, costs and obligations, including court costs and reasonable
attorney’s fees, arising out of any claim, suit, judgment, loss or expense occasioned by, but not
limited to, injury or death of any person or persons, or loss or damage to any property, arising
out of any negligent or intentional act or omission of County, its officers, agents, contractors,
employees and invitees relating to this permit to enter.
District shall indemnify, reimburse, hold harmless and defend County from all liability,
damages, loss, costs and obligations, including court costs and reasonable attorney’s fees, arising
out of any claim, suit, judgment, loss or expense occasioned by, but not limited to, injury or
death of any person or persons, or loss or damage to any property, arising solely out of the
negligent or intentional act or omission of District relating to its acts pursuant to this permit to
enter.
6. Notices. Any notice required to be given hereunder, or which either party may wish to give,
shall be in writing and shall be personally delivered or sent by certified or registered mail,
postage prepaid, addressed as follows:
TO COUNTY TO DISTRICT
County of Santa Clara Midpeninsula Regional Open Space District
Roads and Airports Department Attn: Real Property Department
Real Estate Section 330 Distel Circle
101 Skyport Drive Los Altos, CA 94022
San Jose, CA 95110
or to such other place as either party may otherwise designate from time to time by written
notice.
IN WITNESS WHEREOF, the parties execute this permit to enter:
COUNTY DISTRICT
Date: Date:
Michael J. Murdter, Pete Siemens
Director President, Board of Directors
Roads and Airports Department Midpeninsula Regional Open Space District
County of Santa Clara
APPROVED AS TO FORM AND Attest: _________________________
LEGALITY: Greg Sam
District Clerk
Theresa Fuentes, Approved as to form:
Deputy County Counsel
_______________________________
APPROVED: Susan Schectman
General Counsel
Office of the County Executive
EXHIBIT "A"
LEGAL DESCRIPTION
STEVENS CANYON ROAD
AUGUST 21, 2007
Being a portion of the northwest quarter of the southwest quarter of Section 32, Township 7 South,
Range 2 West, Mount Diablo Base and Meridian, and also being in the unincorporated area of the County
of Santa Clara, State of California, described as follows:
PARCEL ONE:
Beginning at a 7/8" rebar in the center of Stevens Canyon Road, as said rebar is shown in that certain
Tr [lush Book Number 128 at Page 96, found in the Office of the County Surveyor in the County of Santa
Clara, California; Thence from said 7/8" rebar, along the center line of a 40 foot right of way as described
in the Brnerson Road Viewers Report dated June 4, 1888, filed in the Office of the Santa Clain County
Clerk of the I3oa€d of Supervisors in File Number 356,
South 57°.30'00" .East 214..50 feet to a 4" rebar as shown in said Transit Book;
Thence continuing along said center line of said 40 foot right of way the following two courses:
1) South 52°15'00" East 128.70 feet,
2) South 42°45'00" East 214.50 feet;
Thence leaving said centerline, South 78°30'00" West 2.3,39 tcet to a point in the general southerly right of
way line of said 40 foot right of way, said point being the TRUE POINT OF BEGINNING of Parcel One;
Thence along said general southerly tight of way line North 42°45'00" West 93.95 feet;
Thence leaving said general southerly right of way line South 27°20'21" East 59.97 feet;
Thence South 04°25' 12"East 96.26 Icet to a point on said general southerly right of way line, said point
herein after coiled point "A";
T11rencc along said general southerly right of way line North 19°45'00" East 85,27 feet to the TRUE
POINT OF BEGINNING of Parcel One, containing 2,429.01 square feet (0.056 acres) of land, more or
less.
PARCEL TWO;
BEGINNING at Point "A" as said point "A" is described above in Parcel One, thence southeasterly along
a curve concave northerly, with a radial bearing of South 86°05'20" West, having a radius of 80.00 feet,
through a central angle el 67°05'20" and an arc length of 9.3 68 feet;
Thence South 71°00'00" East 9.25 feet to said general southerly right of way line;
Thence along said general southerly right of way line North 40°.30'00" West 9626 feet to said point "A"
Containing 1,025.35 square feet (0 02 acres) of land , more or less.
See Exhibit "13" attached hereto and evade a part hereof.
This description was prepared by me or under my direction in conformance with the requirements of the
Professional Land Surveyors Act
l2 ick Thompson, L.S. 6707
Expires: 6-30-08
LS, 6707
Exp. 6 "9c' -60
? 2/ _G'7
Date
Page I of 1
EXHIBIT "A"
LEGAL DESCRIPTION
STEVENS CANYON ROAD
August 21, 2007
Being a portion of the northeast quarter of the southeast quarter of Section 31, Township 7 South,
Range 2 West, Mount Diablo Base and Meridian, and also being in the unincorporated area of the County
of Santa Clara, State of California, described as follows:
BEGINNING at a 7/8" rebar in the center of Stevens Canyon Road, as said rebar is shown in that certain
Transit Book Number 128 at Page 97, said Transit Book found in the Office of the County Surveyor in the
County of Santa Clara, California; Thence from said 7/8" rebar, South 24°0000"West 22.16 feet to the
general southerly right of way line of Stevens Canyon Road as described in the Emerson R.oad Viewers
Report dated June 4, 1888, filed in the Office of the Santa Clara County Clerk of the Board of Supervisors
in File Number 356,
Thence northerly along said right of way line, North 40°30'00" West 30.76 feet to the TRUE POINT OF
BEGINNING of this description;
Thence continuing along said southerly right of way line North 40°30'00" West 25.08 feet;
Thence North 76°30'00" West 12,69 feet to the easterly line of Parcel A as said Parcel A is shown on that
certain Record of Survey filed in Book 500 of Maps at Page 40, Records of said County;
Thence leaving said southerly right of way line, along said easterly line South 00°46'55" East 10,93 feet;
Thence leaving said easterly line South 68°41'45" East 30,57 feet to said general southerly right of way
line and also to the TRUE POINT OF BEGINNING of this description and containing 248.35 square
feet (0.006 acres), more or less,..
See Exhibit "B" attached hereto and made a part hereof.
This description was prepared by me or under my direction in conformance with the requirements of the
Professional Land Surveyors Act
Rick Thompson, L.S,#6707
Expires: 6-30-08
Date
Page 1 of 1
R-08-46
Meeting 08-09
March 26, 2008
AGENDA ITEM 11
AGENDA ITEM
Annual Claims List for Fiscal Year 2008-2009
CONTROLLER'S RECOMMENDATION
Approve the annual claims list, including debt service payments for Fiscal Year 2008-2009.
DISCUSSION
In accordance with Section 1.53 of the District's Rules of Procedure, this list of annual claims for
fiscal year 2008-2009 is submitted for Board approval. All items are in accordance with the
budget being presented for approval at your March 26, 2008 meeting. Staff will submit a revised
annual claims list in the middle of fiscal year 2008-2009 to reflect necessary changes, if any.
The debt service claims list reflects payments required by current outstanding debt. Attachment
A lists the District's current debt service annual claims for fiscal year 2008-2009, and
Attachment B provides a detailed list of debt service obligations.
ANNUAL CLAIMS
ITEM DESCRIPTION AMOUNT
Debt Service $7,587,704
Directors’ Fees 25,000
Staff Salaries 6,869,294
Retirement Funds 3,207,743
Group Insurance Premiums 1,127,476
State-Mandated Insurance 202,774
Monthly Vehicle Expense (General Manager-$400/month) 4,800
Utilities - PG&E 103,776
Legislative Consultant (Public Policy Advocates) 13,800
Dispatch Services (City of Mountain View) 113,000
Deer Hollow Farm Agreement (City of Mountain View) 50,000
Janitorial Services – 3 offices 28,200
Landscaping Services (330 Distel Circle) 5,200
Antenna Site Rental - Pinnacle (Repeater Site) 3,800
R-07-44 Page 2
ITEM DESCRIPTION AMOUNT
Fuel - Valley Oil Company 145,000
Slaght Living Trust (Employee housing rental-Sierra Azul) 17,000
Shell Oil 17,500
Kansas State Bank – SFO Building Lease 3,900
Protection One Alarm Service for District Office 1,250
American Tower Corporation (Coyote Peak Repeater) 8,400
Ricoh Americas Corp. – Copier Leases 23,500
Avaya - Telephone Lease & Maintenance Agreement 5,800
Hasler Postage Machine Lease 2,800
Recording Services 8,000
Windy Hill – Patrol 5,000
Payroll Services (ADP) 19,500
Unemployment Insurance 23,000
Megapath T1 and DSL Line 8,200
Skyline County Water District 3,500
Bank Fees 200
Total $19,635,117
Prepared by:
Bunny Congdon, Senior Accounting Specialist
Michael L. Foster, Controller
Contact person:
Michael L. Foster, Controller
R-07-44 Page 2
ITEM DESCRIPTION AMOUNT
Fuel - Valley Oil Company 145,000
Slaght Living Trust (Employee housing rental -Sierra Azul) 17,000
Shell Oil 17,500
Kansas State Bank — SFO Building Lease 3,900
Protection One Alarm Service for District Office 1,250
American Tower Corporation (Coyote Peak Repeater) 8,400
Ricoh Americas Corp. — Copier Leases 23,500
Avaya - Telephone Lease & Maintenance Agreement 5,800
Hasler Postage Machine Lease 2,800
Recording Services 8,000
Windy Hill -- Patrol 5,000
Payroll Services (ADP) 19,500
Unemployment Insurance 23,000
Megapath T1 and DSL Line 8,200
Skyline County Water District 3,500
Bank Fees 200
Total $19,63.5,117
Prepared by:
Bunny Congdon, Senior Accounting Specialist
Michael L. Foster, Controller
Contact person:
Michael L, Foster, Controller
ATTACHMENT "A"
ANNUAL CLAIMS
DEBT SERVICE
FISCAL YEAR 2008-2009
NOTEHOLDER-LAND
PRINCIPAL INTEREST
Aine 16,887.01 1,182.08
Lazenby 8,224.96 493,.48
Daloia 13,851.89 10,919.19
Hunt 0.00 82,500.00
BONDS PAYABLE
1999 Rev. Bonds
2004 Revenue Bonds
2005 Refunding
2007 Bonds - Series A
2007 Bonds - Series B
Subtotal -Notes
38,963.86 95,094,75
1,085,000.00
145,000.00
140,000.00
0..00
1,135,000„00
446,058..76
1,424,280.00
198,275.00
2,592,275.00
287,756.25
Subtotal -Notes 2,505,000.00 4,948,645.01
TOTALS --NOTEHOLDERS & BONDS
2,543,963.86 5,043,739.76
TOTAL DEBT 7,587,703.62
ATTACHMENT "B"
DEBT SERVICE 08/09
Payable t0
Aine
Dalaia
Hunt
Lazenby
1999 Rev.Boeds
2004 Notes
2005 Refunding
2007 Series A
2007 Series B
03/31/08
Close of Escrow Original Note Rate k Term Remaining Principal
01/18/89
10/11/02
04/2003
08/31/88
01/27/99
01/30/2004
07/28/2005
12/15/2006
12/15/2006
192.000.00
240,000.00
1,500,000.00
100,000.00
1,840,000.00
2,032,000.00
29,663,021.15
31,900,009.95
4,630,000.00
52,415,000.00
6,785,000.00
25,393,031.10
127,425,031.10
7.0 20 years
6.25 15 Years
5.50 10 years
6.00 20 years
5.40 30 years
2-5: 30 years
4k-51 10 years
4:-5k 20 years
5.15% 5 years
16,887.01
179,834.45
1,500,000.00
8,224.96
1,688,059.41
1,704,946.42
*Includes Accretions
32,966,301.15
32,074,724.95 *
4,395,000.00
52,415,000.00
6,155,000.00
128,006,026.10
129,710,972.52
Final Paym.Due Payable 08/09
12/18/08
10/10/17
04/01/23
08/31/08
18,069.09
24.771.08
82,500.00
8,718.44
Principal Interest
16,867.01
13,851.89
0.00
8,224.96
1,162.08
10,919.19
82,500.00
493.46
115,989.52
134,058.51
22,076.85 93,912.67
38,963.86 95,094.75
04/01/2031 1,531,056.76
04/01/2033 1,569,280.00
09/01/2015 338.275.00
09/01/2027 2,592,275.00
09/01/2012 1,422,756.25
1,085,000.00
145,000.00
140,000.00
0.00
1,135,000.00
446.058.76
1,424,280.00
198,275.00
2.592.275.00
287,756.25
7,453,645.01 2,505,000.00 4,948,645.01
7,587,703.62 2,543,963.86 5,043,739.76