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HomeMy Public PortalAbout19910814 - Agendas Packet - Board of Directors (BOD) - 91-26 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 91-26 REGULAR MEETING BOARD OF DIRECTORS 7 :00 P .M. 201 San Antonio Circle Wednesday Building C - Suite 135 August 14 , 1991 Mountain View, Calif . (7 :00) * ROLL CALL CLOSED SESSION (Litigation, Land Negotiations , Labor Negotiations , and Personnel Matters) APPROVAL OF MINUTES (July 17 , 24 and 25, 1991) WRITTEN COMMUNICATIONS ORAL COMMUNICATIONS -- Public** ADOPTION OF AGENDA BOARD BUSINESS (7 : 45) 1 . Agreement with Peninsula Open Space Trust to Transfer Ownership of David C . Daniels Nature Center at Skyline Ridge Open Space Preserve to District -- C . Britton (7 : 55) 2. Proposed Addition of Tymes Property to Cathedral Oaks Area of Sierra Azul Open Space Preserve C. Britton Resolution Authorizing Acceptance of Purchase Agreement-Bargain Sale, Authorizing Officer to Execute Certificate of Acceptance of Grant to District , and Authorizing General Manager or Assistant General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve - Lands of Tymes) (8 :05) 3 . Approval of New Senior Ranger (Crew) Position and Proposed Modifications in Senior Ranger Job Specification and Salary Range - C . Britton (8 : 15) 4 . Proposed Changes in Fringe Benefit and Personnel Policies and Procedures for Non-Represented Employees - J . Fiddes 201 San Antonio Circle,Suite C-1 35 • Mountain View,California 94040 • Phone:(415)949-5500 • FAX:(415)949-5679 General manager:Herbert Grench Board ofDirectors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop (8 :20) *** 5. Approval of License Agreement for South Skyline Volunteer Firefighters to Install a Water Line and Hydrant on Long Ridge Open Space Preserve - N. Hanko 6. Authorization to Solicit Bids for Construction of a Bridge and Trail at Skyline Ridge Open Space Preserve - N. Hanko 7 . August 28 Regular Board Meeting Cancellation - N. Hanko 8 . Final Adoption of the Preliminary Use and Management Plan for the Olivier Property Addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve - N. Hanko (8 :25) INFORMATIONAL REPORTS -- Directors and Staff CLAIMS CLOSED SESSION (Litigation, Land Negotiations, Labor Negotiations, and Personnel Matters) ADJOURNMENT -*NOTE.* Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. TO ADDRESS THE BOARD: When an item you 're concerned with appears on the agenda, the Chair will invite you to address the Board at that time; on other matters you may address the Board under Oral Communications. An alternative is to comment to the Board by a Written Communication, which the Board appreciates. Each speaker will ordinarily be limited to 3 minutes. when recognized, please begin by stating your name and address. We request that you fill out the form provided so that your name and address can be accurately included in the minutes. Denotes Express .Item Afffrff OF PUBLIC MEETINGS The Trails Committee will meet Tuesday, September 17, 1991 at the District office beginning at 7:30 p.m. The purpose of the meeting will be to continue developing Trail Use Guidelines. The Trails Committee will meet Saturday, September 28, 1991 beginning at 10:00 a.m. The purpose of the meeting will be to visit one or two preserves and discuss site specific problems. Notice of specific location of this meeting will be given prior to the September 17 meeting. I 'I Open Space � 1 1 MIDPENINSULA REGIONAL OPEN P S ACE DISTRICT Meeting 91-23 l SPECIAL MEETING BOARD OF DIRECTORS July 17, 1991 MINUTES I i I . ROLL CALL President Nonette Hanko called the meeting to order at 6 :20 P.M. II. Members Present: Ginny Babbitt, Richard Bishop, Betsy Crowder, Katherine Duffy, Nonette Hanko, Teena Henshaw, and Robert McKibbin. III . Personnel Present: Herbert Grench Mary Hale, Mary dert Gun , and Joan Combs . IV. ADOPTION OF AGENDA N. Hanko stated that item two (Board-Manager Relations Workshop) on the agenda would be discussed during Closed Session as a personnel matter. She stated that the agenda as amended was adopted by Board consensus. V. BOARD BUSINESS A. Fin al Selection of Logo Shapes an d Colors (Report ort R-91 - 88 dated July 8 , 1991) Consultant Deborah Mills presented the results of staff reviews of the shape and color options for truck decals and shoulder patches. The Board reviewed variations of type and line placements for the three shapes that had been selected for further developed at its May 30 , 1991 special meeting, as well as various color options. The Board selected Shape 17-A as the preferred design shape , and requested staff to return at the May 24 regular meeting with refinements of its final choice of shape and colors . The Board agreed that birds should appear on the logo. The Board also reviewed alternative designs for preserve entrance signs, and requested staff to return on May 24 with mockups of signs in Optima typeface, with and without the logo at the bottom. 201 San Antonio Circle,Suite C-135 • Mountain View,California 94040 - Phone:(415)949-5500 • FAX:(415)949-5679 General Manager,Herbert Grench Board of Directors:Katherine puffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop Meeting 91-23 Page two VI. CLOSED SESSION N. Hanko stated that the board-manager relations workshop item would be discussed under personnel matters in Closed Session. H. Grench announced that a potential acquisition of a portion of the former Azzarello property APN 544-05-23 , -24 , -26 , and -28 would be discussed in Closed Session. The property owner is Santa Clara County, and the District would be negotiating with Douglas Gaynor. The Board recessed to Closed Session at 7 : 22 P .M. VII. ADJOURNMENT The meeting adjourned at 9:39 P.M. Joan Combs Secretary Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 91-24 REGULAR MEETING BOARD OF DIRECTORS July 24 , 1991 MINUTES I . ROLL CALL President Nonette Hanko called the meeting to order at 7 : 35 P .M. Members Present : Katherine Duffy, Robert McKibbin, Teena Henshaw, Ginny Babbitt, Nonette Hanko, and Betsy Crowder. Richard Bishop arrived at 7 : 45 P.M. Personnel Present: Herbert Grench, Mary Hale, Jean Fiddes , Kathleen Hart, Del Woods , and Annette Coleman. APPROVAL OF MINUTES June 26 , 1991 B . Crowder said item E on page 4 under Motion should read "Deka Property Addition" , not "Long Ridge Property Addition" . Motion: K. Duffy moved that the Board approve the minutes of June 26 , 1991 as corrected. G. Babbitt seconded the motion. The motion passed 6 to 0 . July 9, 1991 Motion: T. Henshaw moved that the Board approve the minutes of July 9 , 1991 . G. Babbitt seconded the motion. The motion passed 6 to 0 . July 10 , 1991 H. Grench said the revised chart of priorities from the workshop should have been attached, instead of the memorandum from G. Ball . Motion: R. McKibbin moved that the Board approve the minutes of July 10, 1991 as corrected. B . Crowder seconded the motion. The motion passed 6 to 0 . WRITTEN COMMUNICATIONS N. Hanko stated that the Board had received the following written communications : 1 . A letter dated July 3 , 1991 from Linda Kahn, 3051 Colonial Way #33 , San Jose, regarding limited access to El Sereno, Open Space Preserve . She said that a draft response was attached for Board consideration. Meeting 91-24 Page 2 2 . A letter dated June 27 from Robert Nellis , 22322 Regnart Road, Cupertino, on behalf of the Regnart Ridge Homeowners ' Association, requesting an amendment to the Fremont Older Use and Management Plan to allow trail access to the ridge trail from their adjacent open space land. She noted that staff ' s response to the letter was attached. G. Babbitt said that since the state of access at El Sereno is still problematic, she feels further response is necessary at this time. H. Grench said the draft response accurately represents the District ' s current position. R. McKibbin suggested pointing out the two access routes which are available. G. Babbitt suggested changes to alter the tone of the letter. N. Hanko agreed to make these changes , and to include a map. Referring to the letter from Robert Nellis , K. Duffy said Kathy Nellis had called her and apologized for the trail . D. Woods said the project has been field checked and the trail slope exceeds 20% in some places . He said the District standard is 7-10% slope , so the trail will have to be changed. K. Hart stated no additional written communications had been received. IV. ORAL COMMUNICATIONS Ranger Phil Hearin, 266 W. Campbell Ave. , Campbell , gave a report on the District Volunteer Program, highlighting a few of the many successful projects , including the July 20 project at Razorback Ridge on Windy Hill Open Space Preserve. Harry Haeussler , 1094 Highland Circle , Los Altos , said he rode up Razorback Ridge earlier in the day and he complimented the volunteers on their work. He suggested trimming brush higher, with a pole clipper, for horseback riders and recommended a volunteer project on Hamms Gulch Trail . N. Hanko thanked P . Hearin for his report and urged all Board members to take part in volunteer projects . V. ADOPTION OF AGENDA N. Hanko stated that the agenda was adopted by Board consensus . VI . BOARD BUSINESS A. Selection of District Logo (Report R-91-94 dated July 18 , 1991) M. Hale introduced Deborah Mills , who showed the Meeting 91-24 Page 3 Board refinements of the logo design based on decisions made at the last Board meeting. D. Mills displayed 10 different design variations . The Board agreed by consensus on a final logo design. A discussion followed on sign design. D. Mills displayed various type faces , including Optima , which is used on District stationary. She spoke in favor of consistent typeface on all District materials . The Board agreed by consensus to use consistent typeface, include hills on District signs , have all capital letters on the preserve signs , and to use a red tailed hawk as the bird on the logo. B . Response to Santa Clara County Grand Jury Letter (Rtport R-91-90 dated July 131 1991) R. McKibbin recommended eliminating the last sentence of the second paragraph. After discussion, the Board agreed to change the second sentence in the second paragraph to .. . . . . several major issues are being researched" . Motion: R. McKibbin moved that the Board approve the draft response as amended to the Santa II Clara County Grand Jury' s report regarding access to the Mt. Umunhum Area of Sierra Azul Open Space Preserve . B. Crowder seconded the motion. The motion passed 7 to 0 . C . Amendment to the Use and Management Plan for Rancho San Antonio Open Space Preserve and Authorization to Solicit Bids for Reconstruction of the Deer Hollow Farm Access -B.ridge (Report R-91-91 dated July 10 , 1991 ) D. Woods reviewed the staff report, noting that the cost estimate for the replacement bridge is now $115, 000 . He said that $70 , 000 had been budgeted for the project and reported that construction would start October 7 and go for 8 to 10 weeks . He discussed projects that will be deferred during the year from which additional funds for the bridge would be transferred. Discussion centered on the reasons the designated projects were being deferred . D. Woods noted that staff could return to the Board at a later date to request funding from the general fund if there was time to complete any of the deferred projects . Motion: R. McKibbin moved that the Board adopt the amendment to the Use and Management Plan for the Rancho San Antonio Open Space Preserve to allowofor the reconstruction of the access bridge to Deer Hollow Farm Meeting 91-24 Page 4 I and that the Board authorize staff to advertise for bids for the reconstruction of the access bridge in accordance with the plans and specifications presented. G. Babbitt seconded the motion. The motion passed 7 to 0 . D. Preparation of Plans and Specifications for Public Access Improvements at Windy Hill Open Space Preserve (Report R-91-89 dated July 11, 1991) C Director McKibbin expressed concern about using funds budgeted for the El Corte de Madera dump cleanup for the Windy Hill project. D. Woods said our relationship with Mr. Hosking precludes preceding with the cleanup project at this time. K. Duffy said the Budget Committee should identify clearly how money is shifted in the budget and review which projects budgeted for were not completed. R. McKibbin said the Budget Committee will look at this matter. H. Grench suggested that the General Manager be instructed to return to the Board if additional funds were needed to complete any of the projects that staff thought would be deferred. B. Crowder said Portola Valley wants to know when the site plans for Windy Hill Open Space Preserve would be ready. D. Woods said plan p preparation will take about 8 weeks , and staff will use the plans to seek grant funding. He said that the plan could not be submitted for building permits to Portola Valley without funding in place. i Motion: T. Henshaw moved that the Board authorize staff to enter into a professional services contract with Callandar Associates to prepare plans and specifications for public access improvements at Windy Hill Open Space j Preserve in an amount not to exceed I $35, 000 . R. McKibbin seconded the motion. The motion passed 7 to 0 . Motion: R. McKibbin moved that the Board direct the General Manager to return to the Bo ard if additional funds we re needed to implement deferred projects . T. Henshaw seconded the motion. The motion passed 7 to 0 . I H. Grench, referring to the previous agenda item, said that the amendment to the Rancho San Antonio Open Space Preserve Use and Management Plan technically required a second reading. The Board I Meeting 91-24 Page 5 agreed by consensus to suspend a second reading for the item. E. Co-sponsorship of 1992 International Open Space Conference (Report R-91-87 dated July $ , 1991) Motion: R. McKibbin moved that the District co- sponsor the 1992 International Open Space Conference by making a $1000 contribution to it. G. Babbitt seconded the motion. The motion passed 7 to 0 . F. Replacement on Finance Committee (Report R 91 93 dated July 15 , 1991) Motion: N. Hanko moved that the Board approve the replacement of Director McKibbin with Director Crowder on the Finance Committee . R. McKibbin seconded the motion. The motion passed 7 to 0 . VII . INFORMATIONAL REPORTS R. Bishop reported that the Finance Committee had met the previous week and decided to arrange fo r or a public poll to see wh at their attitude would be toward a fund-raising measure for the District. He said the committee discussed various methods of raising funds and are awaiting the result of legislation in Sacramento which would allow the passing of a fund raising measure by a majority vote, rather than 2/3 vote . ! N. Hanko reported on the successful Docent Ap preciation Party held on July 20 , which was attended by five Board members . N. Hanko thanked B . Crowder and R. Bishop for their efforts . N. Hanko said that she and S . Norton will be meeting with supporters of a new open space district in Santa Cruz County next week . N. Hanko said that Santa Clara County has decided on a redistricting plan based on census information, and the District should review the census data to determine if ward adjustments were necessary. She said she will work with J. Fiddes on the project. B. Crowder stated that she had attended a Woodside Town Council meeting regarding Teague Hill and the council had tentatively voted to have an advisory vote on the November ballot to determine whether the Council shoul d form an assessment district to raise funds to purchase a portion of Teague Hill Open Space Preserve for up to three million dollars . B . Crowder reported she had received a call from a Portola Valley Planning Commissioner who runs on Windy Hill Open Space Preserve who said he meets illegal bicyclists on the Meeting 91-24 Page 6 , I preserve every night at supper time . He said he saw 11 in one hour on Hamms Gulch Trail , and some of them were very abusive . Discussion focused on specific patrols to curb the illegal bicycle use. N. Hanko said there will be a number of changes on the planning calendar and she will talk with D. Zucker and H. Grench about them. H. Grench reported that he and N. Hanko attended the Town of Los Altos Hills ' dedication of the Artemus Ginzton Trail on Saturday, July 13 . He said the Committee for Green Foothills newsletter, Green Footnotes contains an article on the Vidovich property. He noted he spoke to the Humanist Community at Stanford on "Open Space, How Much is Enough?" H. Grench requested that the written interim program evaluation for 1991-1992 be waived this year because of staff workload and an oral presentation be substituted. Motion: R. Bishop moved that the mid-year evaluation be done orally rather than through a written report. R. McKibbin seconded the motion. The motion passed 7 to Q . H. Grench reported that John Escobar has scheduled a meeting with Rubin Diaz , Assistant Sheriff of Santa Clara County, to talk about new and improved patrol procedures for the Mt . Umunhum area. H. Grench said the District has received support from various organizations for the Land and Water Grant application for the Saratoga Gap acquisition, noting most recently the Santa Clara County Parks Commission voted to support it . He said that Tom Nolan, President of the San Mateo -County Board of Supervisors noticed what the commission had done and had placed an item in support of the grant application on the Board of Supervisor ' s agenda . H. Grench said that he is attending meetings of the Local Government Task Force Committee for Santa Clara County which is focusingits attention tion an impacts p s of redevelopment projects on funding for local agencies . He said the task force committee will write a final report on this topic . H. Grench reported on an event planned for Sunday, August 11 involving the scow ow schooner Alma, a vessel restored by the National Park Service . He stated that he had been working on a task force organized by William Penn Mott, to draw other park agencies into the schooner event to showcase their own treasures and that the District could publicize an event at Ravenswood Open Space Preserve which would involve Fish & Wildlife, East Palo Alto, Menlo Park, and San Mateo County. He said that staff had suggested two additional events : Meeting 91-24 Page 7 dedication of a section of the Bay Trail and a bicycle ride across the Dumbarton Bridge . H. Grench gave a report on the District publications Connections , Volunteer Voice , and Walks and Hikes . He discussed issues concerning writing, distribution, production, and graphics . The Board agreed to consider the issues raised at the Public Communications workshop scheduled for October . R. Bishop verified that there was an understanding that no drastic changes would be made in these publications without advising the Board. Annette Coleman reported on three minor accidents on the preserves . VIII . CLAIMS Motion: T. Henshaw moved that the Board approve Revised Claims 91-14 . R. McKibbin seconded the motion. The motion passed 7 to 0 . Ix. CLOSED SESSION H. Grench announced that the potential acquisition of the Tymes property would be discussed in Closed Session. He stated that the property is Santa Clara County assessors parcel number 558-29-016 , and the negotiators are LaRoy and Sharon Tymes . The Board recessed to Closed Session at 10 : 00 P .M. X. ADJOURNMENT The meeting was adjourned at 10 : 40 P.M. Kathleen Hart Recording Seccretary r Claims No. 91-14 Meeting 91-24 Date: July 24, 1991 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 961 250.00 Acme and Sons Sanitation Sanitation Services 962 208.23 Barron Park Supply Company Equipment Parts 963 595.00 Diane Blackman Reimbursement--Training Registration 964 13.48 Baker Graphics, Inc. Bluelines 965 1,000.00 Geoff Ball & Associates Professional Services 966 570.00 Louis Bordi Discing 967 20.00 California Park & Recreation Subscription Society, Inc. 968 196.02 California Water Service Company Water Service 969 29.88 Clark's Auto Parts/Machine Shop Vehicle Parts 970 160.44 Annette Coleman Reimbursement--Field Supplies 971 585.00 William Cotton & Associates Consulting Services 972 22.58 Crest Copies, Inc. Bluelines 973 5,000.00 Dana Property Analysis Appraisal Services 974 300.00 Dennis Danielson Reimbursement--Educational Assistance 975 3,814.23 Design Concepts Consulting Services 976 111.21 Dittmer's Gourmet Meats Local Meeting Expense 977 580.00 * Divine Catering Catering-Docent Event 978 350.00 Dixie Wood Preservers and Pest Control Exterminators 979 675.00 The Dun and Bradsteet Seminar Registration--D.Wcods, M.Gunder Corporation Foundation S.Cochrarr-Marioni,H.Grench & D.Blackma, 980 2,000.00 Earth Systems Consultants Geotechnial Engineering 981 599.20 Expedite Graphic Products Signs 982 65.10 Jean Fiddes Reimbursement--Local Meeting Expense 983 300.00 First American Title Guaranty Preliminary Title Report Company 984 65.00 First American Title Insurance Reconveyance Fee Company 985 4,974.50 First Interstate Bank Note Paying Agent Fees 986 47.59 Foster Bros.Security Systems,Inc. Keys and Supplies 987 102.00 Rucker Fuller Furnishings 988 1,418.00 Flinn, Gray & Herterich Insurance Vehicle Insurance Brokers 989 232.50 Garcia Pump & Well Well System Repair 990 489.00 Herbert Grench Reimbursement--Out-of-Town Meeting Exoense 991 54.18 Mary Gundert Private Vehicle Expense 992 383.61 The Hcme Depot Field Supplies 993 315.00 Honeywell Protection Services Burglar Alarm Maintenance 994 750.00 JCP Geologists-Engineers Consulting Services 995 2,226.67 Jeda Publications, Inc. Brochures and Stationery Printing 996 75.00 K. Maintenance Company Painting 997 16.10 Langley Hill Quarry Drain Rock 998 423.00 Los Altos Garbage Company Dumpster Rental 999 49.95 Learn Key, Inc. Resource Document 1000 133.54 Magnus,5en Buick-Pontiac-t�iC,Inc. Vehicle Parts 1001 1,771.66 Meyers, Nave, Riback & West Legal Services 1002 619.75 Minton's Lumber and Supply Field Supplies i *Emergency check issued on July 17,1991. Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 91--25 SPECIAL MEETING BOARD OF DIRECTORS j July 25, 1991 MINUTES I. ROLL CALL President Nonette Hanko called the meeting to order at 3: 11 P.M. Members Present: Ginny Babbitt, Richard Bishop, Betsy Crowder, Kay Duffy, Nonette Hanko, Teena Henshaw, and Robert McKibbin. Personnel Present: Herbert Grench. II . BOARD-MANAGER WORKSHOP The Board held a closed personnel session for the performance evaluation of the general manager, including the Board-general manager relationship. The session was facilitated by consultant George Sipel. The meeting was recessed at 5:20 P .M. for dinner and reconvened at 5: 45 P.M. III. ADJOURNMENT The meeting was adjourned at 10:05 P.M. Herbert Grench General Manager �I i RESPONSE ACTION PROPOSFI STAFF Board President Acknowledge/Respo:sd n 4M Director_Ackno,ledge/Re•sPond J VL 2 -/ Staff Acknowledge/Respond (y Draft Response Attached Staff to be Directed to Prepare Daft / Response for Board Consideration per Board Directives) No Response Necessary 21.E WE wa-� / t 4-1-' vit � G V i JUL 2 41991 CAPUTO, LICCARDO, RICHARD P CAPUTO SALVADOR A RO LiCCARDO SSI, STURGES C6 MCNEIL TELEPHONE RONALD R Rossi ROBERTS STURGES (408)244-4570 R DONALD McNEIL DAVID HAMERSLOUGH CRAIG NEEDHAM SUSAN R.REISCHL RESPONSE ACTION PROPOSED BY STAFF GREGORY D.HULL MARTHA LouISE CARON A PROFESSIONAL LA,k CORPOf Board President Acknowledge/Respond ROBERT C.COLYAR WILLIAM I PURDY HI LAURA LICCARDo HARP DANN B.JONES 1960 THE ALAMEDA.SUITE < Director Acknowledge/Respond M.JEFFERY LOPEZ PAUL F CAPUTO SAN JOSE,CALIFORNIA 93126- Staff Acknowledge/Respond ANDREW M OLDHAM MAXINE MONAGHAN 7_ Draft Response Attached Staff to be Directed to Prepare Draft Response for Board Consideration per July 18, 1991 Board Directive(s) No Response Necessary Board of Directors MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 201 San Antonio Circle, Suite C-135 Mountain View, California 94040 RE: ACCESS TO THE EL SERENO OPEN SPACE PRESERVE Dear Board Members: The undersigned represent the respective interests of those individuals now pitted against one another in a lawsuit entitled Anderson et al. vs. Manseau, et al„ currently on file in the Superior Court of the County of Santa Clara. As I am sure you are well aware, the lawsuit has been filed on behalf of plaintiffs to establish a prescriptive easement over the property owned by the residents of Sheldon Road. The history of use over Sheldon Road as an access to the El Sereno Open Space Preserve dates back into the mid to late 1970s, and this fact is well documented in your own internal memoranda from that time. When this land was originally acquired by the Midpeninsula Regional Open Space District ("MROSD") it was acquired with taxpayer dollars for the benefit of present and future taxpayers. The obvious intent of claiming such lands for the public is for the public use and inherent in the public's ability to use these areas is the fundamental right of access. Unfortunately, as is demonstrated by the current lawsuit, there is limited access in and out of the park. It has been our understanding since before the inception of this lawsuit that the MROSD has had the available funds necessary for acquiring additional property in order to alleviate the problem now being encountered and challenged in the underlying lawsuit. However, the MROSD has assumed a "stone wall" position and is forcing the parties in the lawsuit to fight it out among themselves in order to resolve this problem. However, there have been alternative proposals suggested tothe MROSD, including one proposal from an owner of property adjacent to the El Sereno Open Space Preserve, involving a swap of land, which would solve the access problem once and for all. However, in keeping with the MROSD's stone-wall position, nothing has occurred in this regard. Board of Directors MIDPENINSULA REGIONAL OPEN SPACE DISTRICT July 18, 1991 Page 2 It has become abundantly clear that the MROSD is now in violation of the very charter which empowers it to create these open space preserves, and its continued lack of involvement is evidence of bad faith which will ultimately result in the MROSD being involved in this lawsuit. In fact and in reality, cross-complaints as well as amendments to the original complaint are now being prepared to bring the MROSD into the lawsuit on a number of theories, all of which we believe will be successful at the time of trial. It is time for the MROSD to step forward to the bargaining table and participate in a candid and forthright effort aimed at resolving this issue in an expeditious and economical manner. We certainly do hope that cooler heads will prevail and that this matter can be resolved amicably between the parties in accordance with the accepted notions of good business ethics, and that the underlying lawsuit can be dismissed saving all parties concerned, including the MROSD, literally hundreds of thousands of dollars in attorneys' fees. We strongly suggest that a meeting be arranged between representatives of the parties in the above- referenced lawsuit, as well as representatives of the MROSD, to openly discuss this matter with an aim toward an expeditious and amicable resolution. AP , LI DO, ROSSI, STURGES & McNEIL R ALD R. ROSSI Attorney for Plaintiffs MILLER & LEA J,A�MES G. LEA Attorney for Defendants RRR/JGL:clm cc: clients Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION Ronald R. Rossi , Esq. Caputo, Liccardo, Rossi , Sturges & McNeil 1960 The Alameda, Suite 200 San Jose , CA 95126-1493 Dear Mr. Rossi and Mr. Lea: At our regular meeting last night, the District ' s Board of Directors reviewed your July 18 , 1991 letter regarding Sheldon Road access to El Sereno Open Space Preserve . The District has spent considerable staff and Board hours trying to resolve the Sheldon Road access issue. This has included time spent with both the Sheldon Road property owners and with members of the Committee for Open Space Access (COSA) . The District has been caught in the middle on this matter. We have acknowledged that Sheldon Road is a private road, but we are also aware of historic public use of the road, which may lead to prescriptive access . Our desire is to improve public access to the preserve near Sheldon Road. However, the high cost of properties in the area is prohibitive , many of the local roads are private , and the terrain makes it difficult to build appropriate alternative access along the northern boundary of El Sereno Open Space Preserve . The District has not violated its charter , as suggested in your letter. The District ' s Basic Policy and Master Plan carefully define the District ' s goals and objectives . Public recreation and the development of public use facilities are secondary to the District ' s acquisition program. The Basic Policy clearly identifies limitations and constraints to allowing public access . I have attached a copy of the Basic Policy and the Land Acquisition Policies and Procedures for your information. Although we are concerned about providing access to our lands , recreational use is not always the primary reason for acquiring certain properties . El Sereno Open Space Preserve was originally acquired to provide a scenic backdrop to the Los Gatos and Saratoga area. In addition, watershed preservation and the protection of the native flora and fauna were crucial . Recreational use was considered limited because of the poor access , lack of trails , and the steepness of the site . The District has not "assumed a stonewall position" on this issue . We have thoroughly researched alternatives , including the 201 San Antonio Circle,Suite C-135 - Mountain View,California 94040 • Phone:(415)949-5500 • FAX:(415)949-5679 General Manager:Herbert Grench BoardoiDirectors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop proposed land swap mentioned in your letter . The land swap would not have solved the problem.� The trail route that would go through the parcel proposed for exchange would simply extend public use further onto Overlook Road, which is another private road that the public habitually uses . It is even more narrow and treacherous than the existing route . Also, the high cost to complete the project and an unwilling seller precluded the District ' s ability to complete the exchange. The unstable slopes and drainage problems would require extensive engineering provisions and expensive trail construction. Our efforts to resolve this issue have been sincere . If you or the parties involved have any new ideas that may provide an acceptable solution for all concerned, District representatives would certainly be willing to meet with you. Sincerely Nonette Hanko, President Board of Directors NH:kh cc : Board of Directors Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-91-101 (Meeting 91-26 August 14 , 1991) REPORT August 5 , 1991 TO: Board of Directors FROM: C. Britton, Assistant General Manager RESPONSIBILITY AND PREPARATION: D. Woods , Principal Open Space Planner; C . Bruins , Administrative Assistant SUBJECT: Agreement with Peninsula Open Space Trust to Transfer Ownership of David C. Daniels Nature Center at Skyline Ridge Open Space Preserve to District Recommended Actions : 1 . Authorize the President to accept ownership of the David C. Daniels Nature Center at Skyline Ridge Open Space Preserve from Peninsula Open Space Trust as per agreement. 2 . Approve expenditure of $29 , 068 from the Land Management budget account , to be used as the District ' s contribution toward construction of the building. 3 . Acknowledge the generous contribution and support Peninsula Open Space Trust has given toward the development of Skyline Ridge Open Space Preserve. Discussion: At your November 28 , 1990 meeting, you approved an agreement with Peninsula Open Space Trust (POST) to construct the David C . Daniels Nature Center (see report R-90-144 dated November 21 , 1990) . In addition, you approved the District ' s expenditure of $23 , 500 toward construction of the building. The building has been completed and final permits have been signed- off by the County of San Mateo. The project is a culmination of over six years of planning, design, and construction efforts . The concept of the nature center was initially proposed in the 1985 Master Plan for Skyline Ridge Open Space Preserve. POST funded the Master Plan, and later worked closely with District staff in directing architects and engineers during the planning and design phase for the Successful in obtaining donations , POST committed $65, 00 for the construction of the building and agreed to administer the construction phase of the project. Staff greatly appreciates POST' s efforts in helping to make this project a reality. R-91-101 Page 2 POST initially contracted with Tom Jackaby, General Contractor, to build the nature center for $80 , 400 . Before construction began, County of San Mateo required additional engineering, which increased the construction contract to $89 , 800 . In addition to the contract, there were costs associated with permits , plan checks , and preparation of the recognition plaque, bringing the total project cost to $94 , 068 . The construction phase lasted three months and was capably administered by Merwin (Bucky) Mace, Project Manager for POST. The agreement between the District and POST stipulates that the District pays the balance of any additional costs over and above POST' s commitment of $65, 000 . This balance amounts to $29 , 068 . Funding in the amount of $23, 500 was previously approved by you and included in the current Land Management budget . The additional $5, 568 is not specifically budgeted and will be transferred from the New Land Commitment budget account if , toward the end of the fiscal year, other scheduled capital improvement projects can not be implemented due to this overrun. POST has offered to contribute an additional $5, 000 for interior outfitting of the building. District staff will be proposing a procedure and schedule for developing the building' s interior in the upcoming review of the Comprehensive Use and Management Plan for Skyline Ridge. POST and other interested parties and individuals will be included in the planning process . The Use and Management Plan is anticipated to be presented to you in late September or October. Open Space 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-91-95 (Meeting 91-26 August 14, 1991) REPORT August 6, 1991 TO: Board of Directors FROM: C. Britton, Assistant General Manager RESPONSIBILITY AND PREPARATION: D. Woods, Principal Open Space Planner; A. Cummings, Enviro- nmental Analyst; C. Bruins, Administrative Assistant SUBJECT: Proposed Addition of Tymes Property to Cathedral Oaks Area of Sierra Azul Open Space Preserve Recommended Actions: 1 . Adopt the accompanying Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement-Bargain Sale, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager or Assistant General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Sierra Azul Open Space Preserve, Lands of Tymes) . 2. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the property as an addition to Sierra Azul Open Space Preserve. 3. Indicate your intention to withhold the property from dedication as public open space at this time. Introduction The proposed acquisition consists of a 9. 8-acre parcel located on north facing slopes near the head of Soda Spring Canyon. The relatively gentle and stable terrain in the upper part of the property offers a potential trail route connecting Soda Springs Road with a proposed trail up Soda Spring Canyon, eventually linking with Priest Rock Trail and the PG&E Road to El Sombroso. An overgrown and eroded road leads from a branch of Wood Road into the property. There are no existing structures . R-91-95 Page 2 1. Property Identification Property owner: LaRoy Tymes Size: 9.761 acres 2. Location and Boundaries (see attached map) Regional setting: East of Lexington Reservoir on north- facing slopes near the head of Soda Spring Canyon. Road access: Wood Road branches north from Soda Springs Road about one and one-half miles east of Lexington Reservoir. The first driveway branching north from Wood Road leads to the former Mayr property, now part of the Cathedral Oaks Area of Sierra Azul Open Space Preserve. The second driveway branching north provides access to Tymes and private property adjacent to the east. Wood Road itself continues east through various small private parcels, eventually connecting back to Soda Springs Road. Boundaries: Cathedral Oaks Area of Sierra Azul Open Space Preserve surrounds southern tip of property; private property adjoins remainder. Nearby public lands: Lexington Reservoir County Park and the Cathedral Oaks Area of Sierra Azul Open Space Preserve lie to the west; the Limekiln Canyon Area of Sierra Azul Open Space Preserve is located on the other side of Soda Springs Canyon approximately one-fourth mile to the north. Nearby landmarks: Priest Rock, Lexington Reservoir and Mt. Thayer. 3. Topography and Hydrology Prominent topographic features: Creek in' Soda Springs Canyon forms the northern boundary of parcel. Dry tributary forms western boundary. Elevation range: 1, 400 feet at the southern tip to 1, 080 feet at Soda Springs Creek. Slope steepness: Upper half of property has gentle, rolling topography; lower half steep. Slope exposure: North-facing slopes. Watershed: Soda Springs Canyon, which flows into Lexington Reservoir. R-91-95 Page 3 4. Geology and Soils Seismology: San Andreas Fault approximately one and one- half miles to the west. Soil classification: Highly erodible Los Gatos-Maymen type. Soil stability: On steeper slopes, rapid runoff and low soil permeability result in high erosion and landslide potential. Gentler slopes in upper part of property appear more stable. 5. Flora and Fauna Plant communities: Chaparral, giving way to mixed evergreen forest on the lower canyon slopes. A number of large pines, some killed by fire, occupy the middle slopes. Dominant flora: Chamise, baccharis, manzanita, scrub oak, and toyon in chaparral areas; bay, madrone, live oak, pine and poison oak in moist areas. Typical fauna: Blacktailed deer, brush rabbit, coyote, various species of snake, lizard, rodent and bird. 6. Visual Qualities Viewshed: Forms portion of scenic backdrop above Lexington Reservoir and State Highway 17 . Vistas: Lexington Reservoir basin to the west; Soda Springs Canyon and Priest Rock to the north; Sierra Azul ridge to the east 7 . Existing Improvements A badly eroded road enters the eastern side of the property, branching from a driveway connecting Wood Road to a private residence to the east. The eroded road ends in a relatively level area in the center of the property. The presence of old boards and some corrugated metal roofing indicate there was once a structure on the property. Nearby are a wooden workbench and some old hoses and tarps. 8. Existing Use None R-91-95 Page 4 9. Planning Considerations Political boundaries: Unincorporated Santa Clara County; within District boundaries. Zoning: Hillside (HS) , requiring a 20 to 60-acre minimum lot size, depending on slope. Master Plan rating: Low ranking for suitability as open space. Use and Management Plan review: Anticipate review in August, 1993. Regional plans: The Trails and Pathways Plan for Santa Clara County (1982) identifies a trail corridor north of Soda Springs Canyon, connecting Lexington Reservoir with Priest Rock, El Sombroso and Mt. Umunhum. The proposed trail across the subject property would link with this trail, providing additional access from Soda Springs Road and creating shorter trail loops. 10. Potential Use and Management The property offers suitable terrain fora potential trail connecting Soda Springs Road with a proposed trail up Soda Springs Canyon, eventually linking with Priest Rock Trail and the PG&E Road to El Sombroso. Protection of the property from grading and development will help preserve the Los Gatos Creek Watershed. 11. Public Safety Review A detailed inspection will be performed on the site prior to your final adoption of the Preliminary Use and Management Plan. The purpose of the inspection is to identify existing and potential safety hazards. The site will remain closed until the inspection has occurred and any identified safety hazards have been eliminated. 12. Preliminary Use and Management Recommendations Signs: Install private property signs and preserve boundary signs where appropriate. Roads: Build water bars to reduce erosion on overgrown road into property. Cleanup: Remove corrugated roofing and other debris. Site Emphasis designation: Conservation Management Unit R-91-95 Page 5 (CMU) 13. Name The property should be named as an addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve. 14. Dedication I recommend that you withhold the property from dedication to allow for the trade of development rights, or sale of a portion or all of the property, if the District is not successful in acquiring other necessary land in the area. 15. Terms The full purchase price for this single, legal 9. 8 acre residential building site would be $75, 000, on a bargain- sale basis, payable in cash at close of escrow. The attached agreement is the District ' s standard form and the purchase price is fair and reasonable based upon current real estate market conditions in the area. 16. Funding The District' s 1991-1992 fiscal year budget includes $14. 5 million for new open space acquisitions; $10.0 million in cash outlay and $4. 5 million in notes. The following is a current summary of cash expenditures for open space acquisition for the 1991-1992 fiscal year: Land Acquisition Funds for this Fiscal Year-Cash $10, 000, 000.00 Previously Approved Acquisitions (Escrows closed) (727 , 000.00) Previously Approved Acquisitions (Escrows not closed) (67, 000.00) The Tymes Property Acquisition Recommended for Approval on this Agenda (75, 000 .00) Remaining Cash Balance for Future Acquisitions this II Fiscal Year $ 9,131,000.00 RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING ACCEPTANCE OF PURCHASE AGREEMENT- BARGAIN SALE, AUTHORIZING OFFICER TO EXECUTE CERTIFICATE OF ACCEPTANCE OF GRANT TO DISTRICT, AND AUTHORIZING GENERAL MANAGER OR ASSISTANT GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (SIERRA AZUL OPEN SPACE PRESERVE - LANDS OF TYMES) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpenin- sula Regional Open Space District does hereby accept the offer contained in that certain Purchase Agreement-Bargain Sale between LaRoy Tymes and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement on behalf of the District. Section Two. The President of the Board of Directors or other appropriate officer is authorized to execute a Certifi- cate of Acceptance on behalf of the District. Section Three. The General Manager or the Assistant General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager or Assistant General Manager further is authorized to execute any and all other documents in escrow necessary or appropriate to the closing of the transaction. Section Four. The General Manager of the District is authorized to expend up to $5, 000 to cover the cost of title insurance, escrow fees, and other miscellaneous costs related to this transaction. Section Five. It is intended and hereby authorized that the District' s General Fund will be reimbursed in the amount of $75, 000 from the proceeds of the next long-term District note issue. * * * * * * * * * * * �� ��� %-� ,..^�,✓ _ .. riche p�"'�'e.�: ~^"-^ �. ,"' 1.- :'+ f'i I. '. - � �� ' q/HO �C -� .---�1, .�—ram, �- �60D�'�J�l. ,_ •'- i.. � l , �\ LIMEKILN CANYON AREA - fir. ' "mi:E;fi{•"�: i+. �1- Proposed acqulsltio Tymes Property:: �. P�. � � � fir__--�'�,� ^•''� , ,T ' <r WOD RD. O s , v t k SODA SPRINGS RD ��: ✓ 43 WD J 4i. '...vrtu 1Wb Mon€eG' .9 ums c s ' -'+p�^ALvo • i AUGRETuu $e(Eoo .9 ,.B � qo �$ '2 e�ossoM C10 RaL 1.$ _ �. ' c i I / I• ��� >� , L2'• �' GipO�N"NMON p•(ot504wru .7 ✓ \ ��( �����1 � ..r ., EL SERENO V "f it Los �noWm!E Gaf oS r-_ �• Cyo•, �`..` 7� IAI( •I:'��a l� 4 SEZs V — J r s w SIERRA r —�__��r��� •.. �t�k \ ` 5� 4.7 . <s-, AM, q os SITE MAP , `` 3 � - S.P. - I IT�i-. - 3.7 cy -u�,< _.. 4�t4•..._.-. - 4,.. _a _�.o��;- '•. PROPOSED ADDITION TO THE `- qUq CATHEDRAL OAKS AREA OF ApEfCrOfl Me+ptlts GATE � _ • EL 600 CgemekehPah iGl SIERRA AZUL OPEN SPACE PRESERVE Esta Jul Redwood °o� p E ER aro •ioim+-!L F o \ \V its�, •Holy gRyf �p0"F" Quit" 25 4.7 •, '� Scale: 1" = 2000' - 0" North 3 N .,� - - 'PURCHASE AGREEMENT- BARGAIN SALE This Agreement is made and entered into by and between LAROY W. TYMES, a married man as his sole and separate property, hereinafter called "Seller" and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District formed pursuant to Article 3 of Chapter 3 of Division 5 of the California Public Resources Code, hereinafter called "District . " WITNESSETH WHEREAS, Seller is the owner of certain real property which has open space and recreational value, located within an unincorporated area of the County of Santa Clara, and being more particularly described within the body of this Agreement; and WHEREAS , District was formed by voter initiative to solicit and receive conveyances of real property by purchase, exchange, gift, or bargain purchase for public park, recreation, scenic and open space purposes ; and WHEREAS , District desires to purchase said property for open space preservation and as part of the ecological and aesthetic resources of the midpeninsula area; and WHEREAS , Seller wishes to sell and convey the entirety of said property to District at a price below fair market value, and District wishes to purchase said property at such bargain price upon the terms and conditions set forth herein. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED as follows : 1 . Purchase and Sale . Seller agrees to sell to District and District agrees to purchase from Seller, Seller ' s real property located within an unincorporated area of the County of Santa Clara , State of California, containing approximately Nine and Seven Hundred Sixty-one Thousands (9 .761) acres , more or less , and commonly referred to as Santa Clara County Assessor ' s Parcel No. 558-29-016 . Said property to be conveyed together with any easements , rights of way, or rights of use which may be appurtenant or attributable to the aforesaid lands , and any and all improvements attached or affixed thereto. All of said real property and appurtenances hereinafter called the "Subject Property" or the "Property. " 2. Purchase Price. The total purchase price ( "Purchase Price" ) for the Property shall be Seventy-five Thousand and No/100 Dollars ($75, 000 . 00) , which shall be paid in cash at the Closing (as defined in Section 3 hereof) . 3 . Escrow. Promptly upon execution of this Agreement , in accord- ance with Section 11 herein, an escrow shall be opened at First American Title Guaranty Company, 329 S . San Antonio Road, Los Altos , CA 94022 , phone number (415) 941-3320 , or other title company acceptable to District Purchase Agreement - Tymes Page 2 (hereinafter "Escrow Holder") through which the purchase and sale of the Property shall be consummated. A fully executed copy of this Agreement shall be deposited with Escrow Holder to serve as escrow instructions to Escrow Holder; provided that the parties shall execute such additional supplementary or customary escrow instructions as Escrow Holder may reasonably require. This Agreement may be amended or supplemented by explicit additional escrow instructions signed by the parties , but the printed portion of such escrow instructions shall not supersede any inconsistent provisions contained herein. Escrow' Holder is hereby appointed and instructed to deliver, pursuant to the terms of this Agreement, the documents and monies to be deposited into the escrow as herein provided, with the following terms and conditions to apply to said escrow: (a) The time provided for in the escrow for the close thereof shall be on or before September 27 , 1991 , provided, however, that the parties may, by written agreement, extend the time for Closing. The term "Closing" as used herein shall be deemed to be the date when Escrow Holder causes the Grant Deed (as defined below) to be recorded in the Office of the County Recorder of Santa Clara County. (b) Seller and District shall , during the escrow period, execute any and all documents and perform any and all acts reasonably necessary or appropriate to consummate the purchase and sale pursuant to the terms of this Agreement. (c) Seller shall deposit into the escrow on or before the Closing an executed and recordable Grant Deed covering the Property. Closing: (d) District shall deposit into the escrow, on or before the W The required Certificate of Acceptance for the Grant Deed, duly executed by District and to be dated as of the Closing. (ii) District ' s check payable to Escrow Holder in the amount of Seventy-five Thousand and No/100 Dollars ($75, 000 . 00) . (e) District shall pay for the escrow fees , the CLTA Standard Policy of Title Insurance, if required by District, and all recording costs and fees . All other costs or expenses not otherwise provided for in this Agreement shall be apportioned or allocated between District and Seller in the manner customary in Santa Clara County. All current property taxes on the Property shall be handled in accordance with Section 4986 of the Revenue and Taxation Code of the State of California. (f) Seller shall cause First American Title Guaranty Company, or other title company acceptable to District and Seller, to be prepared and committed to deliver to District a CLTA standard coverage Policy of Title Insurance, dated as of the Closing, insuring District in the amount Purchase Agreement - Tymes Page 3 of $75, 000 . 00 for the Property showing title to the Property vested in fee simple in District, subject only to: M current real property taxes , and (ii) such additional title exceptions as may be acceptable to District. In the event District disapproves of any additional title exceptions and Seller is unable to remove any District disapproved exceptions before the time set forth for the Closing, District shall have the right either: (i) to terminate the escrow provided for herein (after giving written notice to Seller of such disapproved exceptions and affording Seller at least twenty (20) days to remove such exceptions) and then Escrow Holder and Seller shall, upon District ' s direction, return to the parties depositing the same, all monies and documents theretofore delivered to Escrow Holder or; (ii) to close the escrow and consummate the purchase of the Property. (g) Escrow Holder shall , when all required funds and instruments have been deposited into the escrow by the appropriate parties and when all other conditions to Closing have been fulfilled, cause the Grant Deed and attendant Certificate of Acceptance to be recorded in the Office of the County Recorder of Santa Clara County. Upon the Closing, Escrow Holder shall cause to be delivered to District the original of the policy of the title insurance if required herein, and to Seller Escrow Holder ' s check for the full purchase price of the Subject Property (less Seller ' s portion of the expenses described in Section 3 (e) ) , and to District or Seller, as the case may be, all other documents or instruments which are to be delivered to them. In the event the escrow terminates as provided herein, Escrow Holder shall return all monies, documents or other things of value deposited in the escrow to the party depositing the same. 4 . Rights and Liabilities of the Parties in the Event of Termination. In the event this Agreement is terminated and escrow is canceled for any reason, all parties shall be excused from any further obligations hereunder, except as otherwise provided herein. Upon any such termination of escrow, all parties hereto shall be jointly and severally liable to Escrow Holder for payment of its title and escrow cancellation charges (subject to rights of subrogation against any party whose fault may have caused such termination of escrow) , and each party expressly reserves any other rights and remedies which it may have against any other party by reason of a wrongful termination or failure to close escrow. 5. Leases or Occupancy of Premises . Seller warrants that there exist no oral or written leases or rental agreements affecting all or any portion of the Subject Property. Seller further warrants and agrees to hold District free and harmless and to reimburse District for any and all costs , liability, loss , damage or expense, including costs for legal services , occasioned by reason of any such lease or rental agreement of the Property being acquired by District, including, but not limited to, claims ' for relocation benefits and/or payments pursuant to California Government Code Section 7260 et seg. Seller understands and agrees that the provisions of this paragraph shall survive the close of escrow and recordation of any Grant Deed (s) . Purchase Agreement Tymes Page 4 6 . Seller ' s Representations and Warranties . For the purpose of consummating the sale and purchase of the Property in accordance herewith, Seller represents and warrants to District that as of the date this Agreement is fully executed and as of the date of Closing: 6 .01 Authority. Seller has the full right, power and authority to enter into this Agreement and to perform the transactions contemplated hereunder. 6 . 02 Valid and Binding Agreements . This Agreement and all other documents delivered by Seller to District now or at the Closing have been or will be duly authorized and executed and delivered by Seller and are legal , valid and binding obligations of Seller sufficient to convey to District the Subject Property described therein, and are enforceable in accordance with their respective terms and do not violate any provisions of any agreement to which Seller is a party or by which Seller may be bound or any articles , bylaws or corporate resolutions of Seller. 6 .03 Good Title. Seller has and at the Closing date shall have good, marketable and indefeasible fee simple title to the Subject Property and the interests therein to be conveyed to District hereunder, free and clear of all liens and encumbrances of any type whatsoever and free and clear of any recorded or unrecorded option rights or purchase rights or any other right, title or interest held by any third party except for the exceptions permitted under the express terms hereof , and Seller shall forever indemnify and defend District from and against any claims made by any third party which are based upon any inaccuracy in the foregoing representations . 7 . Integrity of Property. Except as otherwise provided herein or by express written permission granted by District, Seller shall not, between the time of Seller ' s execution hereof and the close of escrow, cause or allow any physical changes on the Property. Such changes shall include but not be limited to grading, excavating or other earthmoving activities , cutting or removing trees , shrubs , brush or other vegetation, and damaging or demolition of improvements or structures on the Property. 0 8 . Hazardous Substances . "Hazardous substance" as used herein means and includes polychlorinated biphenyls (PCBs) , benzene , asbestos or any other substance the placement, storage or removal of which is prohibited or regulated by federal , state or local law. (a) Seller warrants and represents that : (i) During Seller ' s ownership of the Property Seller has not placed or stored or allowed to be placed or stored any hazardous sub- stance on the Property. (ii) Seller has no knowledge of the presence on the Property of any hazardous substance, whenever or however placed or stored. Purchase Agreement Tymes Page (b) If hazardous substances are subsequently found to exist on the Property, District may exercise its right to bring an action if necessary to recover cleanup costs from Seller or any other person or persons who are ultimately determined to have responsibility for the hazardous substances on the Property. However, under no circumstances shall Seller be held liable for costs other than those incurred in the cleanup of the hazardous substances resulting from Seller' s ownership and operation of the Property. 9 . Waiver of Statutory Compensation. Seller and District understand and agree that Seller may be entitled to receive the fair market value of the Property as provided for by the Federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970 (Public Law 91-646) the Uniform Relocation Act Amendments of 1987 (Public Law 100- 17) , Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Statutes , 246-256 , and California Government Code Section 7267 , and following. Seller hereby waives any and all existing and/or future rights Seller may have to the fair market value of said Property, appraisals , etc. , as provided for by said Federal Law and any corresponding California Government Code Sections , and District agrees to provide Seller with an executed IRS Form 8283 as evidence of the Bargain Sale price accepted from Seller hereunder . 10 . Miscellaneous Provisions . 10 . 01 Choice of Law. The internal laws of the State of California, regardless of any choice of law principles , shall govern the validity of this Agreement , the construction of its terms and the interpretation of the rights and duties of the parties . 10 . 02 Attorneys ' Fees . If either party hereto incurs any expense, including reasonable attorneys ' fees , in connection with any action or proceeding instituted by reason of any default or alleged default of the other party hereunder , the party prevailing in such action or proceeding shall be entitled to recover from the other party reasonable expenses and attorneys ' fees in the amount determined by the Court , whether or not such action or proceeding goes to final judgment. In the event of a settlement or final judgment in which neither party is awarded all of the relief prayed for, the prevailing party as determined by the Court shall be entitled to recover from the other party reasonable expenses and attorneys ' fees . 10 . 03 Amendment and Waiver . The parties hereto may by mutual written agreement amend this Agreement in any respect. Any party hereto may: M extend the time for the performance of any of the obligations of the other party; (ii) waive any inaccuracies in representations and warranties made by the other party contained in this Agreement or in any documents delivered pursuant hereto; (iii) waive compliance by the other party with any of the covenants contained in this Agreement or the perfor- Purchase Agreement Tymes Page 6 mance of any obligations of the other party; or (iv) waive the fulfillment of any condition that is precedent to the performance by such party of any of its obligations under this Agreement. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. 10.04 Rights Cumulative . Each and all of the various rights , powers and remedies of the parties shall be considered to be cumulative with and in addition to any other rights , powers and remedies which the parties may have at law or in equity in the event of the breach of any of the terms of this Agreement. The exercise or partial exercise of any right, power or remedy shall neither constitute the exclusive election thereof nor the waiver of any other right, power or remedy available to such party. 10 .05 Notices . All notices , ' consents , waivers or demands of any kind which either party to this Agreement may be required or may desire to serve on the other party in connection with this Agreement shall be in writing and may be delivered by personal service or sent by telegraph or cable or sent by registered or certified mail , return receipt requested, with postage thereon fully prepaid. All such communications shall be addressed as follows : Seller: LaRoy Tymes 4032 Campana Drive Palo Alto, CA 94356 (415) 855-9549 FAX: (408) 446-4630 District: Midpeninsula Regional Open Space District Old Mill Office Center Building C, Suite 135 201 San Antonio Circle Mountain View, CA 94040 Attn: Herbert Grench, General Manager (415) 949-5500 FAX: (415) 949-5679 Copy To: Stanley R. Norton, Esq. 407 Sherman Avenue Palo Alto, CA 94306 (415) 324-1366 FAX: (415) 327-9151 If sent by telegraph, facsimile communication or cable, a conformed copy of such telegraphic , facsimile or cabled notice shall promptly be sent by mail (in the manner provided above) to the addressee . Service of any such communication made only by mail shall be deemed complete on the date of actual delivery as shown by the addressee ' s registry or certification receipt or at the expiration of the third (3rd) business day after the date of mailing, whichever is earlier in time. Either party hereto may from time to time, by notice in writing served upon the other as Purchase Agreement - Tymes Page 7 aforesaid, designate a different mailing address or a different person to which such notices or demands are thereafter to be addressed or delivered. Nothing contained in this Agreement shall excuse either party from giving oral notice to the other when prompt notification is appropriate, but any oral notice given shall not satisfy the requirement of written notice as provided in this Section. 10 .06 Severability. If any of the provisions of this Agreement are held to be void or unenforceable by or as a result of a determination of any court of competent jurisdiction, the decision of which is binding upon the parties, the parties agree that such determination shall not result in the nullity or unenforceability of the remaining portions of this Agreement. The parties further agree to replace such void or unenforceable provisions which will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provisions . 10 . 07 Counterparts . This Agreement may be executed in separate counterparts , each of which shall be deemed as an original , and when executed, separately or together, shall constitute a single original instrument, effective in the same manner as if the parties had executed one and the same instrument . 10 . 08 Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances , shall be deemed to be, or be construed as , a further or continuing waiver of any such term, provision or condition or as a waiver of any other term, provision or condition of this Agreement . 10 . 09 Entire Agreement. This Agreement is intended by the parties to be the final expression of their agreement; it embodies the entire agreement and understanding between the parties hereto; it constitutes a complete and exclusive statement of the terms and conditions thereof , and it supersedes any and all prior correspondence , conversa- tions , negotiations , agreements or understandings relating to the same subject matter. 10 . 10 Time of Essence. Time is of the essence of each provision of this Agreement in which time is an element. 10 . 11 Survival of Covenants . All covenants of District or Seller which are expressly intended hereunder to be performed in whole or in part after the Closing, and all representations and warranties by either party to the other, shall survive the Closing and be binding upon and inure to the benefit of the respective parties hereto and their respective heirs, successors and permitted assigns . 10 . 12 Assignment. Except as expressly permitted herein neither party to this Agreement shall assign its rights or obligations under this Agreement to any third party without the prior written approval i III Purchase Agreement - Tymes Page 8 of the other party. 10 . 13 Further Documents and Acts . Each of the parties hereto agrees to execute and deliver such further documents and perform such other acts as may be reasonably necessary or appropriate to consummate and carry into effect the transactions described and contemplated under this Agreement. 10 .14 Binding on Successors and Assigns . This Agreement and all of its terms , conditions and covenants are intended to be fully effective and binding, to the extent permitted by law, on the successors and permitted assigns of the parties hereto. i 10. 15 Captions . Captions are provided herein for convenience only and they form no part of this Agreement and are not to serve as a basis for interpretation or construction of this Agreement, nor as evidence of the intention of the parties hereto. 10 .16 Broker' s Commission. District shall not be responsible for any real estate commission or other related costs or fees in this transaction. Seller agrees to and does hereby indemnify and hold District harmless from and against any and all costs , liabilities , losses , damages , claims , causes of action or proceedings which may result from any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of Seller in connection with this transaction. 10.17 Pronoun References . In this Agreement, if it be appropriate, the use of the singular shall include the plural , and the plural shall include the singular, and the use of any gender shall include all other genders as appropriate . 11 . Acceptance. Provided that this Agreement is signed by Seller and returned to District on or before July 19 , 1991 District shall have until midnight August 28 , 1991 to accept and execute this Agreement and during said period this instrument shall constitute an irrevocable offer Ili by Seller to sell and convey the Property to District for the consideration and under the terms and conditions herein set forth. As consideration for the tender of said offer, District has paid and Seller acknowledges 'receipt of the sum of Ten Dollars ($10. 00) . Provided that this Agreement is accepted by District, this transaction shall close as soon as practicable in accordance with the terms and conditions set forth herein. . I //I Purchase Agreement - Tymes Page IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers to be effective as of the date of final execution by District in accordance with the terms hereof . MIDPENINSULA REGIONAL OPEN SPACE SELLER DISTRICT APPROVED AS TO FORM: LaRoy We Tymes Date• LZI, Stanley Norton, District Counsel ACCEPTED FOR RECOMMENDATION: L. Craig Britton, SR/WA Land Acquisition Manager APPROVED AND ACCEPTED: President, Board of Directors ATTEST: District Clerk Date. Purchase Agreement - Tymes Page 10 CONSENT OF SPOUSE I certify that: 1) I am the spouse of LaRoy W. Tymes who is described as the Seller in the foregoing Agreement to Purchase - Bargain Sale. 2) I hereby confirm that the real property which is the subject of the Agreement to Purchase - Bargain Sale is my husband ' s separate property. 3) I have read the terms and provisions of the Agreement to Purchase - Bargain Sale and consent and approve of the same. Executed on 1991 , at Santa Clara, California. S"h < l aron K. Tymes Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-91-97 (Meeting 91-26 August 14, 1991) REPORT August 8, 1991 TO: Board of Directors FROM: C. Britton, Assistant General Manager RESPONSIBILITY AND PREPARATION: J. Escobar, Operations Supervisor; J. Fiddes, Administrative Services Manager SUBJECT: Approval of New Senior Ranger (Crew) Position and Proposed Modifications in Senior Ranger Job Specification and Salary Range Recommended Actions: 1. Approve the creation and filling of a second senior ranger (crew) position; 2. Approve the amended senior ranger job specification; and 3 . Approve a five-point (5.1%) special adjustment increase effective immediately in the senior ranger salary range, and 4. Commit to funding and filling of at least one additional ranger position during the first quarter of the 1992-1993 fiscal year. Discussion: The 1991-1992 Operations, Maintenance, and Volunteers Subprogram budget includes funding for a second senior ranger (crew) based on the conversion of an existing ranger position to a senior ranger position. Currently, there is one senior ranger (crew) position assigned to the Foothills area; the new senior ranger (crew) would be assigned to the Skyline area. A senior ranger (patrol) is assigned to each geographical area. Senior rangers will become the supervisors-of-record for the open space technician and ranger position and will conduct performance evaluations; the supervising rangers are currently the supervisors-of-record of these field positions. The shift will provide for enhanced contact between supervisors and field staff members as the number of field personnel increases. The senior ranger job specification (Exhibit A) reflects the supervisory responsibilities that the senior rangers will be assuming. Changes were also made to make the specification more succinct (a copy of the current specification is attached for comparison) . Besides wording relating to supervisory R-91-97 Page 2 responsibilities , the only substantive change is the deletion of substitution of a maximum of one additional year of experience for one year of education. Based primarily on the shift in supervisory responsibilities, staff reviewed the position's salary range. Agencies surveyed in the recent supervising ranger classification study (see report R- 91-81 dated July 1 , 1991) were used for the senior ranger study. The administrative services manager, operations supervisor, and two current senior rangers (D. Danielson and J. Kowaleski) reviewed the data and position specifications for comparable positions. Attached Exhibit B shows the senior ranger position in relation to identified comparable positions. I recommend a special five-point salary range adjustment effec- tive immediately to recognize the additional supervisory respon- sibilities of the senior rangers and to enhance the District ' s senior ranger competitive position with respect to the surveyed organizations. With the adjustment, the new salary range for the senior ranger position would be step number 226 to step number 251 , ($2, 674 to $3, 429 monthly; $32, 087 to $41 , 150 annually) . Staff met with B.W. (Rusty) Smith, Senior Field Representative for S.E. I.U. - Local 715, and representatives of the District ' s bargaining unit on August 7 to discuss the creation of the second senior ranger (crew) position, the transfer of supervision responsibilities , and the conversion of a ranger position, which is part of the bargaining unit, to fill the position. Though not opposed to the concept of creating the new senior ranger posi- tion, Local 715 is not supportive of the change if it means a reduction of a position currently in the bargaining unit. Local 715 ' s representatives indicated that they would prefer the new senior ranger position be created without converting an existing ranger position. However, they also indicated that Local 715 could support the conversion if there was a commitment from the Board that at least one additional ranger position be funded in fiscal year 1992-1993. Staff would plan to fill the position during the first quarter of the 1992-1993 fiscal year. Separate from Local 715' s desire to replace the converted position, staff , prior to the August 7 meeting, determined that at least one new ranger position would be requested for funding in fiscal year 1992-1993. Staff is requesting that the Board make a commitment at this time to fund an additional ranger position as part of the 1991-1992 budget to replace the position being converted to senior ranger. The position would be filled during the first quarter of the 1992-1993 fiscal year. The senior ranger position was created in October, 1988 with the upgrading of two ranger positions to patrol senior rangers (see report R-88-121 dated October 20, 1988) . At that same time, the existing crew coordinating ranger temporary assignment was converted to a regular, full-time senior ranger (crew) position. Though the 1988 specification provided for supervision responsi- bilities , actual supervision duties, including being supervisor- of-record for designated field personnel and conducting perfor- mance evaluations , did not shift to the senior rangers because of the existing staffing structure and staff size. Exhibit A D RAF"r SENIOR RANGER DEFINITION: Under general direction, is first-level supervisor for designated field personnel; supervises , trains , and evaluates performance of designated personnel . Directs day-to-day patrol , maintenance, and administrative functions of assigned work group. Provides input for budget preparation and monitors and approves expenditures . Assists Supervising Ranger who is responsible for overseeing a geographical or operational field sub-unit (s) . TYPICAL TASKS: Supervises, trains, and evaluates performance of designated personnel . Implements patrol and maintenance work schedules. Performs a variety of administrative duties related to supervision of assigned personnel , record keeping, inventory, and information research. Coordinates ongoing or special maintenance and operations tasks on designated District lands. Assists in development and/or administration of policies and procedures , budget, bid solicitation, contract administration, Use and Management Plans , and maintenance plans. Supervises patrol of District lands , provides visitor information, and enforces State and local laws and District policies . Performs fire suppression duties as needed and a variety of maintenance and construction duties related to the development and upkeep of District properties and facilities. Supervises use of vehicles and shop equipment as assigned. Provides input for analysis of operations and maintenance procedures and development of improved and/or simplified methods to maximize cost-effective uses of labor and equipment. Estimates materials , time, requirements, and costs of proposed maintenance and/or development projects . Coordinates , as appropriate, with police and fire agencies regarding matters of mutual concern affecting public safety. Files reports with police and courts regarding individuals in violation of District ordinances . May make presentations to public and private groups and serve as District liaison with individuals or group representatives seeking to use District lands for special events. Meets with neighborhood groups or concerned citizens regarding site problems . Performs other related work and duties as assigned. DRAFT PAGE 2 EMPLOYMENT STANDARDS: Individual must be at least 21 years old. This position requires education equivalent to graduation from a two-year college with a degree in an appropriate field and a minimum of two years of full-time paid experience in the protection, operation, or maintenance of a park, forest, public recreation area, or the equivalent. A currently effective and valid California driver ' s license is a condition of initial and continual employment in this classification. Possess or obtain a Standard CPR card and an Advance First Aid Card for higher) , and have completed an approved 832 P.C. class . Experience or training in wildland firefighting is desirable. PHYSICA4_ RECUIREMENTS: Physical strength and agility to perform duties of position. Have normal hearing; normal visual function and visual acuity of not less than 20/30 in each eye with correction; and sufficient swimming ability for self- preservation. KNOWLEDGE OF: Principles and practices involved in the maintenance, operations , and protection of open space lands ; principles and practices of supervision and training; some knowledge of or demonstrated ability to learn aspects of budget preparation and administration, and project management. ABILITY TO: supervise, train, and evaluate assigned employees; motivate staff members , analyze day-to-day operations and maintenance needs and make recommendations to supervisor on such needs; communicate clearly and concisely in writing and orally; establish and maintain effective working relationships with District staff and members of the public. SPECIAL NOTE: Will be appointed a Peace officer in accordance with the California Penal Code. Field work often performed alone. Must work odd hours and on weekends and holidays , wear District uniform, and adhere to safety procedures . Residence in District housing may be required. This is a non-exempt position. Approved by Board of Directors October 26, 1988 Amended by Board of Directors August _, 1991 RRENT SPECIFICATION Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SENIOR RANGER DEFINITION: Under general direction of Supervising Ranger, a Senior Ranger is the first-level supervisor for designated field and ranger personnel . Incumbents are responsible for assisting in the day-to-day coordination of patrol , maintenance, and administrative functions of geographical or operational field sub- unit (s) . As assigned by a Supervising Ranger , will assist with the hiring of designated field personnel , provide supervision, and evaluate the performance of assigned field personnel . Patrols District lands , provides visitor information and assists supervisor in developing informational educational programs for the public . Performs a variety of semi-skilled and skilled maintenance and construction work on District properties and facilities . Performs assigned tasks in the areas of budget preparation and monitoring, personnel and policy and/or Use and Management Plan development or review to assist Supervising Ranger who is responsible for overseeing a geographical or operational field sub-unit (s) . TYPICAL TASKS : Assists Supervising Ranger with hiring, supervision, and training of field and other personnel ; implements patrol and maintenance work schedules , and performs such work, including field patrol and maintenance activities . Patrols of the lands ; provides District lands to insure the safe use visitor information and enforces State and local laws and District policies . Performs fire suppression duties as needed; performs a variety of maintenance and construction duties related to the lands , trails , fences , and development and up-keep of District gates , as well as maintenance of a variety of District facilities . Performs a variety of administrative duties related to record keeping, inventorv, information research, and the supervision of assigned personnel . Coordinates ongoing or special maintenance and operations tasks on designated District lands . Assists Supervising Ranger with development and/or administration of policies and procedures , budget , bid solicitation, Use and Management Plans , and maintenance plans . Assists Supervising Ranger with analysis of operations and maintenance procedures and development of improved and/or simplified methods to cost effectively maximize equipment and labor utilization. Supervises use of vehicles and shop equipment as assigned , coordinates , as appropriate with police and fire agencies regarding matters of mutual concern affecting public safety. Files reports with police and courts regarding individuals in violation of District ordinances . May make presentations to public and private groups . Mav serve as District liaison with individuals or group representatives seeking to use District lands for special events to ensure that such activities are compatible with District Phone: (415) 949-5500 •- FAX: (415) 949-5679 201 San Antonio Circle, Suite C-135 -Mountain View, California 94040 - Renshaw Robert McKibbin,Edward Shelley Genera Manager:Herbert Crench Board of Directors:Richard Bishop,Betsy Crowder,Katherine Duffy,Nonette Hanko,Teena H regulations and Use and Management Plans . May meet with neighborhood groups or concerned citizens regarding site problems ; performs other related work and duties as assigned. EMPLOYMENT STANDARDS : Individual must be at least 21 years old. This position requires education equivalent to graduation from a two-year college with a degree in an appropriate field and a minimum of two years of full-time paid experience in the protection, operation, or maintenance of a park, forest , public recreation area, or the equivalent . A maximum of one additional year of experience may be substituted for one year of education. Individual must possess a valid California driver ' s license . Individual must possess or obtain a Standard CPR card and an Advance First Aid Card for higher) , and have completed an approved 832 P .C . class . Experience or training in wildland firefighting is desirable . PHYSICAL REQUIREMENTS : Individual must possess strength, endurance and agility, and must be mentally alert , physically sound and emotionally mature . Individual must have normal hearing; normal visual function and visual acuity of not less than 20/30 in each eye with correction; weight proportional to height; and sufficient swimming ability for self-preservation. KNOWLEDGE OF: Principles and practices involved in the maintenance, operations , and protection of open space lands ; basic principles , practices , and techniques of supervision, personnel management and organization; some knowledge of or demonstrated ability to learn aspects of budget preparation and administration, and project management. ABILITY TO: Supervise and evaluate the work of subordinate personnel ; motivate staff members , analyze day-to-day operations and maintenance needs and make recommendations to supervisor on such needs ; communicate clearly and concisely in writing and orally; establish and maintain an effective working relationship with District staff and members of the public . SPECIAL NOTE: The individual filling this position will be appointed as a Peace Officer in accordance with the California Penal Code . Field work is often performed alone . Individual must work odd hours and on weekends and holidays , and must wear the prescribed uniform. Residence in District housing may be required. This is a non-exempt position. Approved by the Board of Directors October 26 , 1988 IJ N W W P h cn ci cn o cn 0� cn o cn 0 0 0 0 0 0 0 0 0 O O O C7 O O O O O U City of San Jose Q,r/Tlllll J1I1Jll7ldlllllJ 049 Sr. Park Ranger 6/91 049 n EBMUD Supervising N �IIIIlIIQI��IIJI&4rwzIWA 7AAWZ 3930 Ranger Nturalist 4/91 . 3930 .... . . .. .. . ..... zel rD Ln Ma r i n Water District �1�/�Iffj�J�j�Ijj� l 3 662 0 Senior Ranger * `-`� 3662 Q �.. 0 EBRPD Road and Trails 3633 cn + Supervisor 4/91 :3493 cn 7 w EBRPD Park Supervisor i3633 0 (D �D III Rated Park 4/91 ., : . :3493 Aj z MROSD +5 oint ad 'ust- 3669 cn ... fD ment 3429 cn Santa Clara County -+- � '3624 n C+ Sr. Park Ranger 7/91 13387 State of CA 1, ��IIIlIIIIIIIIIILIQlIIl 3340 _ `^ Ranger 11 ::3340 D MROSD Current 3490 0 70 Senior Ranger 13262 San Mateo County Park :3140 rD Ranger III 4/91 .m.. . .. ,z �, .. 3140 .� Palo Alto /Il/ll/Tlllll117I 3303 o Z3 Senior Ranger 5/91 .. , _ ,� . 3087 Marin County Senior '2721 O.S. Park Ranger 6/91 2721 r+ m x c+ S O .+. Cr L Open Space . ..............................4=::..... MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-91-98 (Meeting 91-26 August 14 , 1991) REPORT August 7 , 1991 TO: Board of Directors FROM: C. Britton, Assistant General Manager PREPARED BY: J. Fiddes, Administrative Services Manager SUBJECT: Proposed Changes in Personnel Policies and Procedures for Non-Represented Employees Recommended Actions: Adopt the proposed changes in the Personnel Policies and Procedures Manual for non-represented District employees , including amending the vacation accrual schedule for new employees and increasing personal leave hours . Discussion: The following changes are proposed in the Personnel Policies and Procedures Manual for non-represented District employees : Night Shift Differential - New; add a statement that field personnel shall receive a differential of $1 . 25 per hour for each hour actually worked past 7 :00 P.M. on any shift. The differential shall apply to overtime hours the same as straight time hours. Disciplinary Action (Section 20) - Delete items (12) misuse of sick leave benefits (covered under abuse of leave privileges) and (17) failure to meet prescribed fitness standards for position in the listing of actions that my constitute grounds for disciplinary action. Acting Appointment (Section 31) - See attached proposed changes . For non-exempt employees , threshold for acting pay would be five consecutive working days rather than twelve days . Overtime and Compensatory Time (Non-Exempt Employees) (Section 32) See attached proposed changes. Non-exempt employees can accrue up to twenty-four hours of extra time (36 hours of CTO) . Holiday and Personal Leave (Section 34) See attached proposed change. Items rearranged so they fall under either holidays or personal leave. Holiday bank option language added (primarily for field employees) for when an employee has to work on a scheduled holiday. Personal leave hours increase to 16 from 12 per calendar year. R-91-98 Page 2 Vacation (Section 35) - See attached proposed changes . The primary change is the new vacation accrual schedule for prospective employees : Years of Service Accrual Per Hour Paid Days/Year (Full Time) 1-2 0 . 03846 hr. 10 3-4 0 . 04615 hr . 12 5-9 0 . 05769 hr. 15 10+ 0.07692 hr. 20 The vacation accrual change applies to new employees only and would not impact anyone currently on the staff . Current employees would continue to accrue three weeks vacation annually through their ninth year of employment and switch to four weeks vacation after nine years . The proposed changes covered in this report were presented to non- represented staff members for consideration in early June along with the 1991-1992 proposed changes in medical , dental , and vision plan premiums . At a June 13 staff meeting discussion focused primarily on the proposed change in the vacation accrual rate. Following the discussion, staff had the opportunity to vote for one of three options relating to the proposed vacation accrual change for prospective employees and the proposed increase in personal leave time. The options were: 1) implement now vacation accrual change for prospective employees and increase personal leave time by four hours for all employees ; 2) implement April 1 , 1992 vacation accrual change for prospective employees and increase personal leave time by four hours for all employees ; and 3) status quo - maintain current vacation accrual rate and number of personal leave hours . A majority of the employees voting favored implementing now the vacation accrual rate for prospective employees , as well as increasing the personal leave hours . This vote was subsequently confirmed by non-represented employees attending a July 29 staff meeting. The proposed vacation accrual schedule is the same that will be implemented for bargaining unit members hired on or after April 1 , 1992 . The attached Exhibit A, dated February 8 , 1991 , compares the District ' s current vacation schedule to fourteen other schedules at local jurisdictions . Sick Leave (Section 36) - See attached proposed changes . Leave of Absence Without Pay (Section 37) - See attached proposed change. Potential leave period extended from four to six months . Under general leave section, statement added than an employee of either gender may request general leave for the purpose of caring for his/her children. Leave of Absence With Pay (Section 38) - See attached proposed changes . For bereavement leave , definition of immediate family has been expanded. R-91-98 Page 3 NOTE: Shaded wording to be deleted. Underscored bold wording to be inserted. Section 31. Acting Appointment (a) Exempt Employee - An exempt employee formally assigned by the General Manager to perform the work of a higher classification, normally due to a position vacancy, shall be paid at least five points more than his or her current salary or the minimum salary range assigned to the higher classification whichever is greater, for a specific period of time designated by the General Manager as long as the acting appointment exceeds fifteen working days. Acting pay shall begin on the first day the employee is assigned the higher classification responsibilities. Assignment of appropriate duties of a higher classification during the temporary absence of an employee due to vacation, illness, or short-term leave may be made without benefit of additional compensation. (b) Non-Exempt Employee - A non-exempt employee formally assigned by the General Manager to perform the work of a higher classification, normally due to a position vacancy or a temporary absence of an employee due to vacation, illness, or short-term leave shall be paid at least five points more than his or her current salary or the minimum salary range assigned to the higher classification, whichever is greater, for a specific period of time designated by the General Manager as long as the acting appointment exceeds :twelve five consecutive working days. Acting pay shall begin on the first day an employee is assigned the higher classification responsibilities. After the five r�days thncsMd, acting pay shall be retroactive to the first day of the acting auaointowt assignment If more than one non- exempt employee is formally assigned by the General Manager to perform the work of a higher classification, the employees involved shall be compensated on a pro-rata basis. (c) An acting appointment shall not be given for more than six months, unless due to extraordinary circumstances the General Manager authorizes an extension of the period on a month to month basis. (d) The need for acting appointments to be made shall be evaluated on a case-by-case basis. Section 32. Overtime and Compensatory Time (Non-Exempt Employees) Overtime (a) Overtime may be allowed, and overtime compensation shall be paid to non-exempt employees pursuant to any separate policy adopted by the Board of Directors, pursuant to this section, and in keeping with the legal requirements of the Fair Labors Standard Act and legislative amendments as they apply to public agencies. Overtime sha21 be defined as that time autbarized and actually marked by an employee in excess of fort p boos within the wtark xriod. Section or Program Leaders shall assign to each employee regular work duties and responsibilities which can normally be accomplished within the established eight hour workday and the forty hour workweek. (b) Only - 1Kan-exempt regular District employees are eligible for overtime compensation. No overtime can be worked by a non-exempt regular employee without prior approval of the appropriate Section or Program Leader or designee. Non-exempt employees wCierfcrrauiioryzed': ork 1rt.excess'of>farty:hvurs yn: Ie.wor .period : . ra an �oatmhmye :shal3be. t d atthete hy rats eaf.pay_:for:hours are eaecess of :forty tis shall be compensated at the rate of one and one- half times the employee's regular hourly rate of pay for hours worked in excess of forty hairs in the work period. Holiday and vacation time, sick leave, and leaves of absence with pay are included in the computation of hours worked for the purpose of calculation of overtime. R-91-98 Page 4 Ctory Time Off (c) Compensatory time off may be requested by a non-exempt employee in lieu of all or part of overtime pay. Time off requests are subject to the approval of an employee's Section and/or Program Leader or designee. If an employee's request for compensatory time off in lieu of overtime pay is approved and is taken within the same forty hour 0010eek nark period in which the corresponding extra hours were worked, the time off is computed at a straight time rate since the time-and-one- half compensation rate only applies after forty hours have been worked in the workweek nark period. If an employee's request for compensatory time off in lieu of overtime pay is approved and is taken off after the forty hour w6kkvieek wark period in which the corresponding extra hours were worked, said time off is computed at a one-and-one-half rate basis. (d) 'With approval, an An employee may accumulate up to twelve tKu hours of nsary tume::ptf::and extra hours (36bo= of GTV). if If payment is subsequently requested for said accumulated compensatory time, it shall be paid at the �tloyee,s overtime hourly rate At wtudx t was:earned. t ro . each.ehdc r:worked ted rgnent :f At r ytus u tee ou Section im--ancl c Via f 34. Holidays and Personal Leave Holidays (a) The eleven and one-half paid holidays to be observed each year shall be set by the General Manager prior to January 1 annually. These holidays shall normally consist of: New Year's Day Martin Luther King Jr. Day Presidents' Day Memorial Day Independence Day Labor Day Columbus ,Day Veterans' Day Thanksgiving The day after Thanksgiving Last four hours of last workday preceding the Christmas Day observance Christmas Day In addation :;reqular:full time emplees. 11 be.eligible for<twelve Yxn�rs person. :leave. t�.me:anrnaally (b) Regular part-time employees are eligible for the same paid holidays and persvna2 leave:ta on a prorata hour basis according to the average number of hours they work. (c)(k) ::An employee ri susperusicinfi an unauthorized:absences .ar an unpaid I of:absence:the::day before Or:: day after a:pai. holiday isbbserved.or both* a.:pa%d:holiday �;c�erved.sh l hot.receise canpensataon,ar citlr credit forthe holiday; An employee who is in paid stags the day before and after a bolidyy shall be eligible for paid boliday benefits as described berein. (d)fe) If a paid holiday falls on Saturday, the holiday shall be observed on the preceding Friday. If a paid holiday falls on Sunday, the holiday shall be observed on the following Monday. For employees scheduled to nark Saturday and Sunday, holidays nR 11 be caerved on the actual day they occur. R-91-98 Page 5 ( (h Holidays which occur during an employee's vacation shall not be� charged against vacation time. (f)(1) .<A. replacemetit..hol day will be >assigned.by an employee`s:superErisor if the employee is scheduled'to`work cat a.d goofed holiday: An emp.Zoyee who works on a scheduled boliday bas three choices for oca ensatian: 1. Cne and ooe-balf times the regular rate of pay plus a reRlaoemfflt balidav Within the follo dnv two Weeks, provided the supervisor and the employee can reach mutual aft cn the replactm mt day. 2. (be and cne-ball tims bis or ber normal pqy plus the nunber of bans added to his/her baladaY bank_ 3. ?nv and one-&Zf times bis ar ber normal pay (gl(j) When a holiday falls on a regularly assigned day off, a non-exempt employee will be tixmpertsated l y. f h r ur el :'s s.ApeM— receive the corresponding ntnber of boas in bisIber boliday bank (h) The baliday bank will be administered acowduig to the following ttto mcps- 1_ Time from the bolidav bank must be used an eight ban- (i.e., full-da ) incnwn .bower, Zf the total balance remaiaw in the bank is less than ei t botrrs, the employee shall be allowed to use the balance subject to 13 below. 2. ftloyees may use ampulated holiday time to cover portions of scheduled vacations 3. ftloyees wbo wish to schedule time off covered by the bohday bank sball submit requests to their supervisor. Such requests shall be approved with due omsideratian for the desires of the staff and for the requirts of the work location 4_ An time in the 'boll bank"on December 31 of an sball be d to — -Y '''��"�' �' v year Dar the employee in cash at the current rate of pay 5. Byloyees who terminate dunes the calendar year she U be paid for all time remainirxl in their boliday bank at the current rate of racy W(1) The General Manager may grant, with the appropriate Program Leader's recommendation, permission to an 1 to wor k rk on a designated employee a ignored holiday in exchange far taking another regular work day off. The employee shall be compensated at his or her regular hourly rate for each hour worked. Personal Leave fZ Regular full-time employees shall be eligible fcr sixteen bans persanal leave time each caZeradar year. Regular part-time employees shall be eligible for a pro-rated nunber of boors of personaZ leave time according to the avezve ntmber of hours wwked (k} d? ;dal leave heaursare red:at theemplayee's dscretion,:butthe employee:must receive apprc�sral fr©mh� :or her:supervzsr.poor .t�i:usulgpersonal :leave.hours }�t:least; fort eight .hours :ncstic 1s required for:; such :leave ; Program :readers may;:; >n unusual eirc umstances, a wive an b=. oyee's.,request.for pe ::3 eager ours lien less than:fart- eight }trrs' :tiat�c :;can`be given Kith forty-eight hours' advance notice and supervisor approval, an emrpZoyae ma Y use Xrsanal leave bairs at bislher discretion In emteryewy situations, supervisors may approve use of personal leave with less than forty-eight hours' notice. &ept in emergency situations, no reascan for use of personal leave need be given. R-91-98 Page 6 (1)(e) Personal leave hours must be taken in one hour minimum increments and cannot be carried over from one calendar year to another. (m)(f) Employees will not be reimbursed for unused personal leave hours at the time they terminate District employment. If an employee terminates during the year, having obserged a �orti©n ar all: of ,has or. her ..pez-sbhAl leave; oII .the::,Adcmin stratiye Serve ces ;:Manager .w 1 determi iue, based a the panel holiday:a 1.farmu3 s,:wheth6r':thee plvyee must re mbixs e:,the 3Jzstr et:for::;any A . .:3 ea..... :used If At 'zs neeessary,::: an. loyee;to:r mbur:e thestct, tine.employee'::�last'ixayche�k wi13 be adjusted approprn.ately_ used mare personal leave boor than the particn of the year narked, the e9p1ovee will reimburse the Distnct the difference. (n)(g) f a1h employee Ajz>d jcu the staff during the course of a calendar year, the zsistrat�ve � iaztager vtf�ne;fhe eiplc :©f the flf':pema heave hours ava�lab e, :basetl.c ::the asd h4l day. . f0004A will ze+ceive a pro-rata number of personal leave hours far the remainder of that calendar year. Section 35. Vacation (a) All regular District employees shall accrue vacation time with full pay according to their date of hire, hours worked, and the provisions of the probationary period. All regular part- tim e District 1 shall accrue vac ation time employees on a pro-r eta basis 'un accordance ce with the number of hours paid, exclusive of overtime. #b) A11 regiular:IIistrzctemplces::shall a .vacativn t�me:_at zherate.'of.. } 5?69. jq rs per hemur.pad, :exctusaveof;avert ,-far a:total ©f fifteen:days pex<Year da�rsng>the flrst.i�ise full ea a ar years": f siaploym+ent (c) After>ii5 ne fu21 :eel aular:;years.of .emrp1. 't .vaeatscvu :Hume shall a crue,at<.the'rate:o f (1,0769$ hours:per :nCxtr:paid, exclusive .of overtie, for all .regular;full--time ;I3striet employees fora tcytal of>_twenty:<days.per year. (b) All regular District employees employed before August 15, 1991 shall accruefully-paid vacation according to the following schedule: Years of Accrual Per DayslYear Service Hour Paid (Fulltime)* 1 - 9 0.05769 hr. 15 10+ 0.07692 hr. 20 *Days/year for part-time regular employees will be automatically pro- rated to the same percentage as their hours per week bear to 40 (c) All regular District employees hired on or after August 15, 1991 shall accrue full-uaid vacation according to the following schedule: Years of Accrual Per Daysiyear Service Hour Paid (Fulltime)* 1 - 2 0.03846 hr. 10 3 - 4 0.04615 12 5 - 9 0.05769 hr. 15 10+- 0.07692 hr. 20 * /year*Dws/year for -time regular employees will be automatically rated to the same a as their hours week bear to 40. percentage per I R-91-98 Page 7 (d) Employees may accrue up to two times the amount of their annual vacation time without loss of vacation days. Unused yacaticaZ time over:the:amcxuat which:.ecuild be:accrued;>sn two years shall.be remieved f c n the employee's :vaeatieur accrua record:.wi� out. reiinburs ment >tp :.tip employee. Ihtployees wbo reach this acawl limit will not accrue any additicaoal vacatiaa days unZess and until the amount of their accrued vacaticn time falls below the aca-ual limit. (e) Employees are not entitled to use accrued vacation time during their probationary period unless special permission is granted by the employee's Program Leader andtheaeral Manager Employees who have worked more than six months but less than twelve months for the District may request permission from their Section and/or Program Leader and tb0:.: raZ .Hager to use their accrued vacation time. Special consideration of vacation needs of employees can be considered on a case by case basis by the Cnera :Mariacjer Se+ctiaa and/or Prngrata Leader upon request. (f) Vacation shall normally not be taken in increments of less than four hours for full-time employees or one-half the length of a regular workday for part-time employees. (g) Section and/or Program Leaders or their designee shall approve vacation requests fran their respective staff members with due consideration for the desires of the entire staff and for the work requirements of the section. Vacation schedules may be altered to allow the section to meet emergency or unanticipated situations. (h) Upon termination, employees shall be compensated at their current hourly rate of pay for any vacation accrued but not used.- ha.e: f l y c feted,tl at3aa�arl, mod pert hating:emp]ogees .who have successfully 0cMpleted>tl e�r>probati ovary.:periods shall receive:;a lump: sum:payment:far:aoerued�;Yxat.:aanused,.;eacat on. with:::theit1inal paychecl in :lieu of ;taking:;a specific vacat cua ;larobabionary:::employee :shall.:not::have earned vacation until<the arapletion.©f;the.pro. -;Lonary,per od: TEsrminating mrploya swill receive their vacatiau cash-nett with their- final p3�z'beck (i) Employees are not eligible to accrue vacation during a leave of absence without pay. Employees are eligible to accrue vacation during a leave of absence with pay. (j) In the event a temporary employee is hired to fill a regular staff position, the employee will be able to apply the amount of time he or she was a temporary employee toward his or her vacation accrual rate. Section 36. Sick Leave (a) All regular District employees shall accrue sick leave with full pay at a rate of 0.04615 hours per hour paid, exclusive of overtime, for a total of 12 days per year for full-time employees during their:emplt. Sick leave shall accrue from the date of employment and may be accumulated on an unlimited basis. (b) Employees are eligible to use sick leave for the following reasons: (1) Personal illness or physical disability. (2) Quarantine c�fany..esloyee a physician fear: t"by PhYs cutoff .elated:... �. . y. .. �ab�7.�:ty; (3) Tliness of spouse ar.children.living;nth with3.n;the household::and:requiring»the employee to remain at have>:subject.to:Section: {g}'bel©w: Illness or disability of anycaae livanv in the employee's bouse wha is related to the employee by birth or the eylo ree to be unavailable for wiark, subject to ( ) below; (4) Tip: unction with:_an on�the-iph: Y Leave; Abr]93X' S CCfi9XaSatiM; (5) Medical and dental appointments. R-91-98 Page 8 (c) Sick leave shall be recorded on the employee's time card,.''.Andnot less than c�ne_h4ur of:::sick leave may;"be.ICI ;tor..aay.portion of a'>regulaFly sc Cluled::Workday missed due:to illness: Sick leave must be used in inereoents of one bour eat for medical and dental appointments W111 Sick leave may be used by employees for medical or dental appointments. hb Not less than one hour of sick leave may be charged for a medical or dental appointment, and sick leave usage over one hour will be computed in tenths of an hour. lead prise lege; l be cause #car c�scipl�rtary:=act�ar Any employee who is unable to report to work because of any of the reasons set forth in Section 36 (b) shall report the reason for absence to his or her supervisor rlt?later one hnr after the e to te.`:s scl educed:starter.tune: cFay an.emp Loyee.�s:.urrable:tQ_report. .mirkthe designated starting time east davbe/she is unable to report to wnrk unless pWically unable to do so. Sick leave with pay may not be authorized for compensation unless such a report is made. For a prolonged illness, special arrangements regarding notifying a supervisor may be made. W10): Unused sick leave shall not be compensated for in any way in the event of resignation or dismissal from District employment. (g) An employee may use up to three c�tt:,EV16 ?rk days.;of accrued.sick leave per.::incident.to a:s unlit c f six days per year to care for-:mefnber of:his or:her.family* limited to hi�s}aand wife anchor ch Idied"I' withirx:t1 hcxiaselii ld anfyaae Iivu�in the employee's bouse wbo is related to the employee by birth, adoption, or marriage requiring the emloyee to be uoavazZable for wor (h) If an employee is ill on a designated paid holiday, the holiday shall be charged as holiday time and shall not be charged against sick leave. (i} In]the event an: plcryee bEcc_ _: ;;rr sn3urel while cn.ar approved:paid va tan,leave the €t�aplg .:may.pet rt on his ar.hey srpexv�scr axe:Progxatz header #flr permissf an to;:iise a sick.:leave ; ;`leu of.vacat�arr time .dne tca extracirc)tnarsr: unoes. svalved Bach.request,taill.be evaluated on.:its cnme�traorctrnary. rcatarraes and< erfts ...A doctor`.s certf#]cafe should a <. mpany;each rerluest a :::may::be.reguirec� by t1 >emplci ree�s s rpery Visor: samples :off e�ctraordirfary:c ciamstances:that, tinght }e:consi. xe :<:apprapnat '�nder<the pro�nsxori=are severe. llnesso# mare than_three:days, :treatment farir►jurers:su#fered.:irs an asxsdentFhospttalizatfgxt dice to illr�;ss:'or...isijisrfes, or :emergency :surcTery des ;cif g:ircurm.stances that would ncl nat:: all er :t2z ld, a minor:case z3f..the:f lr t s�rnsequesees ref Set >lag,. .nr >typ�ial .infirmtit�es cxxmn�on.tei the area ]where an ; plciyee ::is vacationing An employee wbo Is mured or wbo beccoes ill while on vacation may petition the Pe�1 Officer to be paid for sick leave in lieu of vacation provided that the ��1OY _ a. was boadtaZized dwing the period for w#tic!b sick leave is claimed, or b. received medical treatment or dia wls and presents a statement indicating ijbiess or disability signed by a physigian covex7ng the period f or whicb sick leave is claimed. Requests for sick leave in lieu of vacation sba.0 be =moved if the prnvis.ion(s) noted above are satisfied. (J) Ih:the event.:an An employee ;is absent on paid sick leave :for more :than three;;days f ;tY e 1EMPi0yee nay be five days or mane wz11 be required to file with submit to the appropriate supervisor a written statement frcan a physi- an:! 3zcensed practitioner:certifying.that<t ie employee's td .ticttt prevted fhe..emple .:from ,pe�xfarnig the::duties gsf.'hi s err::her posi tiettz, :and/or:that; physical.condo*ion., :3nnproved to the exfei�t ghat the:e}npleryee:i s capable v.:f;perfvrm3 ng:hi s oc her MoMa7 :dirties: verification from a physician o licensed practi bmw of bzs/ber illness or injury and ability to return to wx r1r. R-91-98 Page 9 (k) In.the event If an employee uses all of his or her accrued sick leave, the employee may request his or her accrued vacation leave be deducted for each day absent due to illness or injury. In the absence of accrued vacation time, the days absent due to illness or injury shall be recorded as unpaid leave days; if the unpaid leave days absent due to illness or injury exceed five working days,.Section 37 would become effective. (1) Sic} leave, notA ex d UPto ten days of sick leave, may be advanced an employee by the General Manager on a case-by-case basis. Upon termination, the employee must reimburse the District for any advanced sick leave not covered by subsequent accrual. (m) may';use :ctf SIX Heave may:::require a:,state f rei .an. employee's .dQctAr. or .licensed pra titi43l1er 1� of the sick leavepdvilege shall be cause for disciplinary actiao Section 37. Leave of Absence Without Pay (a) Disability Leave: In the event a regular District employee is unable to perform the duties of his or her position because of illness or injury, a leave of absence without pay may be granted for a period not to exceed :fart six months. An extension on a month to month basis of up to an additional four six months may be granted by the General Manager, upon written request, on a case by case basis. (1) Any employee requesting such a leave shall make the request in writing to the General Manager and attach supporting statements from attending physicians) regarding the physical disability. Such statements must indicate that the duration of the leave requested is necessary for recovery from the disability. The General Manager's approval or denial of the request shall be final and binding. (2) An employee on disability leave, during the time he or she is unable to work, may use accrued vacation and sick leave. During the period the disabled employee uses accrued vacation and sick leave, vacation and sick leave benefits shall continue to accrue at the regular rate, but shall be discontinued on the date when all such paid benefits have been used. Leave of absence without pay shall commence at that time. (3) The District, with the General Manager's approval, may continue to provide and pay the premiums for health, dental, life insurance, and other insurance benefits to the same extent provided other regular District employees up to a maximum of three months after vacation and sick leave benefits have been used. If the leave extends beyond the three months, the employee may elect to continue such benefits for up to` ve addition -months the duration of the leave, and premiums for such extended coverage shall be paid by the employee. Such extensions) of coverage shall be subject to any restrictions in the applicable benefit policy or plan. (4) An employee on disability leave as described above may be subject to a complete medical examination by a District selected physician, paid for by the District, in order to ascertain whether or when the employee is able to resume his or her work assignments. (b) Maternity Disability Leave: In the event a regular District female employee is unable to perform her assigned work duties for reasons attributable to or because pregnancy use of her infant child's physical health, a leave of absence without pay may be granted for a period not to exceed _four six months. An extension on a month to month basis of up to an additional our sixmonths may be granted by the General Manager, upon written request, on a case by case basis. Disability leave sections (1), (2), (3), and (4) above shall also apply to a maternity disability leave. An employee may continue to work during pregnancy as long as it is the judgment of her supervisor that she is able to perform the normal duties of her position in a satisfactory R-91-98 Page 10 I manner. The employee's physician may be required to certify that performance of an employee's job duties is not endangering the health of the employee or the fetus. In the case of a pregnant field staff member, the District will investigate the possibility of whether less physically demanding work assignments can be made in order to allow the employee to continue to work for a longer period of time during her pregnancy. (c) General Leave for Other Than Disability or Maternity Iisabilty Reasons: A leave of absence without pay and fringe benefits may be granted a regular District employee who has been in the service of the District for a period of at least one year for a period not to exceed three six months provided such a leave can be scheduled without adversely affecting the operations of the District. Request for such a leave shall be directed in writing to the General Manager and shall contain justification for the leave. An employee of either gender may request general leave far purpose of caritg for Ais/Aer children (either natural or tive). If the requested leave of absence without pay and fringe benefits is approved the General � by Manager, the g employee P oyee may, to the extent available under the applicable plan,lan, elect to continue he alth, dental, life insurance, and other insurance benefits, in which case premiums for such extended coverage shall be paid fully by the employee. (d) Adjustment of Anniversary Date/Vacation Accrual: If an employee is on leave of absence without pay in excess of two complete pay period, the employee's anniversary date for purposes of evaluation, pay increases and vacation accrual shall be extended by the number of days included in the period of leave without pay. Section 38. Leave of AbsenceWith nth Pay A leave of.absence with pay.maybe requested:by regular.:27istrict:employees for:the purposes specified in this,s section: . ach request shall:be judged by emPlciYee's:< ection arsd! r Program:Leadex ori::its merits andac�ording .tnthe guidelines provided.: n this_sectiori (a) Bereavement Leave: A leave of absence with pay not to exceed three consecutive working days will be granted a regular District employee in the event of the death of a member of the employee's immediate family. The CeheralManager Adnini.strative Services Manager may allow � the use of accrued sick leave for up to two days to supplement the three days of bereavement leave when travel to distant locations or other circumstances require the employee's absence in excess of three days. False information 4lVen by the employee cc)ncerning.the death or relationship Ad the deceased.shall be cause for disciplinary action For purges of bereavement leave, "immediate family" small mean the mother, father, gramonther, grandfather, scan or daugbter of the emplo ve or the spouse of the employee, and the spouse, sag-zn- aN, daughteria-law, brother, sister, grra,�r� �td, brother-in-law or sister-in-law of the employee, or any reZative living in the immediate household of the emplaem b '( ) Witness or Ju ry Duty: A leave of absence with pay will be granted a regular District employee subpoenaed as a witness or called fo r r jury as long as any compensation the employee receives for such duty, except for meal and mileage reimbursements, is waived or signed over to the District. Regularly 1 schedu led egul y worktime lost because of such duty shall not affe ct the employee's accrual of vacation, sick, or personal holiday time. (c) Military Leave: A regular employee who.Vitas suc essful3y;c�arpleted t3s Qr her:prc7bafiorkuy, period.and who is a member of the National Guard or a reserve component of the Armed Forces o _f the United State s shall be anted gr a temporary, short-term military leave with pay, up to one month in one fiscal year, when the employee receives bona fide orders to temporary active Po or training duty. Such leave, which shall be requested in writing from the General .Maaager Administrative Services , shall be granted without loss of time PaY, or other leave R-91-98 Page 11 and without impairment to merit ratings or other rights or benefits to which the employee is entitled unless the employee fails to return to his or her position at the District immediately following the expiration of the period for which he or she is ordered to duty or fails to reimburse the District for an n Y compensation' received ed from the United States Government for services rendered while on military leave fran the District. I i MIDPENINSULA REGIONAL OPEN SPACE DISTRICT OLD MILL OFFICE CENTER,BUILDING C,SUITE 135 201 SAN ANTONIO CIRCLE,MOUNTAIN VIEW,CALIFORNIA 94040 (415)949-5500 LETTER OF TRANSMITTAL To: REED DILLINGHAM Date: 25 SEPTEMBER 89 DILLINGHAM ASSOCIATES 2927 NEWBURY ST. BERKELEY, CA Subject: SKYLINE RIDGE OPEN SPACE PRESERVE_ SKYLINE TRAIL PROJECT — BRIDGE @ HORSESHOE DAM We are sending you the following item(s): Payment request Bid documents X Plans and specifications — Contracts (BRIDGE ABUTMENT) For the following action: For your records For your action X For your information _ For your review Please return signed copies Comments: Open Space Management Program By: hl*y�k- MAY G44DERT Herbert Grench,Genera!Manager,Board of Directors.,Katherine Duffy,Robert McKibbin,Teena Henshaw,Edward Shelley,Nonette Hanko,Gerry Andean,Richard Bishop :HIBIT A MROSD 2/8/91 DESIGNATED PERSONAL AGENCY VACATION HOLIDAYS LEAVE DAYS TOTAL Years Days MROSD 1 - 9 15 11. 5 1. 5 28 10+ 20 33 Santa Clara County 1 10 11 + 4 26 (715) 2 - 4 12 "birthday holiday" 28 5 - 9 16 (added to vacation) 32 10-14 18 34 15-19 20 36 20+ 22 38 EBRPD 1 - 5 12 13. 5 zero 25. 5 6 -10 15 28 . 5 11-15 18 31 . 5 16-20 21 34. 5 20+ 21 + one day for each year over 20 34.5+ City of Milpitas 1 - 4 11 13 zero 24 5 - 9 16 29 9+ 21 34 City of Palo Alto 1 - 4 10 12 2. 5 24 . 5 5 - 8 15 29.5 9+ 20 34.5 City of Los Altos 1 - 4 10 10 2 22 5 -14 15 27 15+ 20 32 City of Mtn. View 1 - 5 12 11 1 24 6 -15 17 29 16+ 22 34 San Mateo County 1 - 5 13 12 zero 25 6 -10 16 28 11-15 19 31 16-20 22 34 City of Sunnyvale 1 - 4 11 11 zero 22 5 -10 16 27 10-25 21 32 25+ 26 37 City of San Jose 1 - 5 10 12 zero 22 6 -10 15 27 11-12 17 29 13-14 19 31 15+ 21 33 i DESIGNATED PERSONAL AGENCY VACATION HOLIDAYS LEAVE DAYS TOTAL ! City of Santa Clara Employee Assn. 1 - 4 10 11 . 5 2 23. 5 5 - 9 15 28 . 5 10+ 21 34. 5 AFSCME 1 - 4 10 12. 5 1 23. 5 5 - 9 15 28 . 5 10+ 20 33. 5 City of San Mateo 11 2 SEIU "Blue Collar" . 5- 4 11 24 5 -10 16 29 11-12 18 31 13 20 33 14+ 22 35 Employee Assn. 1 - 4 10 23 5 -10 15 28 11 17 30 12 18 31 13-15 20 33 16-20 21 34 21+ 22. 5 35. 5 City of San Francisco 1 - 4 10 13 3 26 5 -14 15 31 ill 15+ 20 36 Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-91-92 (Meeting 91-26 August 14 , 1991) REPORT August 2 , 1991 TO: Board of Directors FROM: C. Britton, Assistant General Manager RESPONSIBILITY AND PREPARATION: M. Gundert, Open Space Planner SUBJECT: Approval of License Agreement for South Skyline Volunteer Firefighters to Install a Water Line and Hydrant on Long Ridge Open Space Preserve Recommended Action: Authorize General Manager or Assistant General Manager to approve the attached License Agreement for South Skyline Volunteer Firefighters to install a water line and hydrant at Long Ridge Open Space Preserve for firefighting purposes . Discussion: The Use and Management Plan for Long Ridge Open Space Preserve was presented at your July 25, 1990 meeting (see report R-90-87 dated July 18 , 1990) . Final adoption occurred at your August 22, 1990 meeting (see report R-90-98 dated August 16 , 1990) . The plan contained a recommendation to complete an agreement with the South Skyline Volunteer Firefighters (SSVFF) to install a water line and fire hydrant on the preserve. The water source is the Jikoji tank, located approximately 200 feet from Skyline Boulevard. SSVFF is in the process of developing an agreement with Jikoji for use of the water for fire fighting purposes . Staff has prepared an agreement with SSVFF for the water line and hydrant. Construction and maintenance will be conducted by the SSVFF. Installation of the improvements would occur following your approval of the license agreement. The terms of this agreement have been reviewed by District counsel and adequately protect the District for this private but beneficial use of public land. The agreement also provides for a 60 day cancellation by either party and the General Manager or Assistant General Manager would have the cancellation authority on behalf of the District. I I Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT LICENSE AGREEMENT This License Agreement is by and between the Midpeninsula Regional Open Space District, a public District (hereinafter "MROSD"), and the South Skyline Volunteer Firefighters (hereinafter "SSVFF"). The parties hereby agree as follows: 1.0 Purpose MROSD grants SSVFF permission to enter the portion of the District's Long Ridge Open Space Preserve shown on the attached map (hereinafter the "Property") for the sole purpose of installing and maintaining a 4" water line and hydrant. The water line and hydrant will only be used for fire protection purposes. The water line is not intended to serve any other purpose. r tank and run a distance of approximately h Jiko'i Ovate to The water line will begin at the � pp Y 200 feet, terminating at a hydrant just inside the wooden split rail fence adjacent to the CalTrans pullout on Highway 35 (see attached sketch). Access to the Property during construction will be from the roadside pullout. 2.0 Construction Conditions I II The construction project shall be subject to the following conditions: a. The construction techniques and materials shall conform to the specifications and standards of the County of Santa Cruz. b. SSVFF will be responsible for obtaining all necessary permits for the construction project. II C. SSVFF shall notify MROSD at least 48 hours prior to commencement of work. d. Once construction begins, the project will be completed within 45 II� working days. e. Trench shall be a minimum of 2 feet deep with a 4" sand bedding and a 6" sand cover over the waterline. Backfill maybe native material but II must be compacted. 201 San Antonio Circle,Suite C-135 • Mountain View,California 94040 • Phone:(415)949-5500 • FAX:(415)949-5679 General Manager:Herbert Grench Board ofDirectors:Katherine Duffy,RobertMcKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop I f. SSVFF will leave the site in a condition equal to or better than that which was originally found. 9. SSVFF shall notify MROSD upon completion of work. h. SSVFF shall remedy any damage or erosion resulting from the installation of said water line and hydrant as long as this permit is in effect. 3.0 Maintenance Conditions Maintenance of the water line shall be subject to the following conditions: a. When practical, SSVFF shall provide MROSD with 24 hours notice prior to accessing the site for the purposes of maintaining the water line. b. Maintenance of the water line shall be subject to the construction conditions listed above. 4.0 Term This license shall commence at the time of execution hereof by MROSD and shall continue until terminated by either party is hereinafter set forth. This license to enter is cancelable upon 60 days written notice by either party. Should either party terminate this license, SSVFF shall be responsible for removal of the water line and hydrant, and returning as near as possible the site to its natural state. 5.0 Notice Any notice or notices required or permitted to be given pursuant to this license may be personally served on the other party by the party giving such notice, or may be served by U.S. mail to the following address: MROSD: Herbert Grench, General Manager Midpeninsula Regional Open Space District 201 San Antonio Circle, C-1 35 Mountain View, CA 94040 (415) 949-5500 (415) 949-5679 (FAX) III SSVFF: SSVFF Secretary South Skyline Volunteer Firefighters 12900 Skyline Boulevard Los Gatos, CA 95030 6.0 Damage and Liability SSVFF shall be responsible for any and all personal injury and property damage on the Property caused by its acts or omissions as a result of the water line and hydrant, and shall indemnify MROSD against any and all claims, liabilities, or losses, including attorneys fees, on account thereof. The above license agreement has been read and understood and is hereby agreed to and accepted. SOUTH SKYLINE VOLUNTEER FIREFIGHTERS i III By Date Print MIDPENINSULA REGIONAL OPEN SPACE DISTRICT By Date Attest i I I i Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-91-100 (Meeting 91-26 August 14 , 1991) REPORT August 5, 1991 TO: Board of Directors FROM: C. Britton, Assistant General Manager RESPONSIBILITY AND PREPARATION: D. Woods , Principal Open Space Planner; M. Gundert , Open Space Planner; C. Bruins , Administrative Assistant SUBJECT: Authorization to Solicit Bids for Construction of a Bridge and Trail at Skyline Ridge Open Space Preserve Recommended Actions : Authorize staff to advertise for bids for the reconstruction of the bridge across the spillway at Horseshoe Lake and a trail from the bridge to the southern boundary of the preserve (see nap) in accordance with the plans and specifications to be presented. Discussion: At your May 25, 1988 meeting, you approved the application for Land and Water Conservation Funds for a trail construction project at Skyline Ridge Open Space Preserve (see report R-88-60 dated May 25, 1988) . The project entailed construction of a bridge across the dam spillway at Horseshoe Lake, a trail extending from the dam to the southern boundary of the preserve, a short hiking trail on a ridge above Horseshoe Lake, development of a picnic area and trail signing. The application was successful and a matching grant for $28 , 380 . 00 was awarded by the State Department of Parks and Recreation. The District is responsible for providing the matching $28 , 280 . 00 to complete the project . Plans and specifications for the bridge and trail extending to the preserve ' s southern border were prepared by a landscape architect. They have been approved by the state engineer and a building permit has been issued by San Mateo County for the project. A copy of the plans and specifications will be available for your review at your August 14 , 1991 meeting. A preliminary cost estimate for this construction project was prepared by the landscape architect . The construction cost was estimated at $36 , 000 . The remaining funds of $20 , 560 in this grant project will fund construction of a hiking trail through a Douglas fir forest above Horseshoe Lake, a picnic area, and trail signing. The hiking trail will be constructed under contract with the Trail Center. I SKYLINE RIDGE OPEN SPACE PRESERVE Coal Creek Open Space Preserve Monte Bello Open Space Preserve pageO Mill ; Road ✓ r \ Alpine Road t v.., ©!\ ` ✓; r I it 2000 AI inez �.. 0• - S/r \ H �r Pond ' _��j 2200 •t: • `.; �,; y/� , �' • z �7Ga ¢ ' " .z 2400 �•5• ,• .^ ©, >J1.5 1Y 1800 r/ aw C. .a .2 4 J• ' d i r • • _ r oe �• �, �- Lake �� a • .a : Bridge 2200 • •• Location ,� t 2200 1600 2000 2000 N. 7800 ak ®�.�.._.. Trap �`a' i r neft Gre. Project x J. 1 � zzoo I ` 2400 0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 Long Ridge Open Space Preserve Now One Mile Map Legend Trail,Use QRanger Facility Q Handicapped Parking 0• 0 Trail distance in miles =_____= Vehicle driveway ••�u•• Hiking,Running �--� No public entry Vehicle Parking # REStfOOfT1S ■9 ■ Hiking,Running,Bicycling T S Private or leased lands oEquestrian Parking Whole Access Trail - Hiking,Running,Bicycling,Equestrian t No public entry Open .Space _ 2 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-91-96 (Meeting 91-26 August 14 , 1991) REPORT August 1 , 1991 TO: Board of Directors FROM: C. Britton, Assistant General Manager SUBJECT: August 28 Regular Board Meeting Cancellation Recommended Action: Cancel your regular meeting of August 28 , 1991 . Discussion: Due to vacation schedules and other conficts , at least three Board members will not be able to attend the August 28 meeting. Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-91-99 (Meeting 91-26 August 14 , 1991) REPORT August 5, 1991 TO: Board of Directors FROM: C. Britton, Assistant General Manager RESPONSIBILITY & PREPARATION: C. Bruins , Administrative Assistant SUBJECT: Final Adoption of the Preliminary Use and Management Plan for the Olivier Property Addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve Recommended Action: 1 . Adopt the Preliminary Use and Management Plan for the Olivier property addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve, including the naming, as contained in report R-91-82 . 2 . Indicate your intention to withhold the property from dedication as public open space at this time. Discussion: At your July 10, 1991 meeting, you approved the acquisition of the one-acre Olivier property addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve (see report R-91-82 dated June 27 , 1991) . You also tentatively adopted the Preliminary Use and Management Plan for the addition, including naming the property as an addition to the Cathedral Oaks Area of Sierra Azul Open Space Preserve , and indicated your intention to withhold the land as public open space at this time . In accordance with your adopted Land Acquisition Notification Procedures , final adoption of the Preliminary Use and Management Plan was deferred until after close of escrow to allow further time for public comment. Escrow on the property closed on July 30 , 1991 . Staff has received no further public comment. Open Space 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C . Britton, Assistant General Manager DATE: August 14 , 1991 SUBJECT: F. Y. I . Music ,. for special JUL occasions 3 0 199) by cockta4zl Mid Penninsula Regional Open Sgace District 201 San Antonio Circle KRISTIN STEENBERG Suite C-135 ky �: for booking: Mountain View, Ca. 94040 ` ` Z Dear Members, Just a quick note to thank you for giving us the opportunity to play last week at your luncheon for the j docents. It was truly a delightful experience to play Mozart and Haydn in such a beautiful setting , and for such a cordial and pleasant group of people! I also want to thank you for inviting us to join you for lunch and the ceremonies. The meal was delicious, and the entertainment and awards were fun. I hope to see many of you again, as I took advantage of picking up some of the literature about the available walks. That was a special treat, as I'm always looking for new natural places to experience. I hope our music was to your liking and I look forward to the possibility of working for you again in the future. Sincerely, fr4iostin Steenberg .::.::::::::..... ..... N::•:::hr...r..• v`}•.e.r.:r. '• v..r.r:::::vn.. ::xv.:_::,:v..v::..:•.;:....... ........:..::'n.;}:'v::ii: Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT July 25, 1991 Linda Kahn 3051 Colonial Wav #33 San Jose, CA 95128 Dear Ms , Kahn: The District ' s Board of Directors reviewed vour Julv_ 3 letter concerning the Sheldon Road access to our E1 Sereno Open Space Preserve at our regular meeting last night. i We appreciate your interest in the recreational benefits , as well as the public accessibility, of our preserves . Although we are also concerned about providing access to our lands , recreational use is not always the primary reason for acquiring and preserving some properties. El Sereno Open Space Preserve was originally acquired to provide a scenic backdrop to the Los Gatos and Saratoga area. In addition, the protection of the native flora and fauna and watershed preservation were crucial . Recreational use was considered limited due to the poor access , lack of trails , and the steepness of the site. i The Board is aware of the increase of bicycle and pedestrian use of Sheldon Road, the conflict with the neighbors , and subsequent fencing which has occurred. Our Board and staff have worked to: 1) Locate an affordable regional access point along the northern boundary of the preserve, and 2) Encourage a reasonable compromise between COSA and the Sheldon Road neighbors . You mention an offer for an "alternative route" for trail users and refer to an article in the San Jose Mercury News . The area in question is not "free" and would not create safe regional public access to the site. The trail route that would utilize this parcel would simply transfer public use to Overlook Road, another private road. In addition, the high cost to complete the project precluded District ' s ability to pursue the exchange. Access to E1 Sereno Open Space Preserve is available via Bohlman Road and Montevina Road (see enclosed map) . ) 201 San Antonio Circle,Suite C-135 - Mountain View,California 94040 - Phone:(415)949-5500 - FAX:(415)949-5679 General Manager:Herbert Grench Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonene Hanko,Betsy Crowder,Richard Bishop We continue to hope that solutions are found to resolve this issue but the District feels caught in the middle on this matter. Our staff will continue to look for a reasonable , affordable regional public access to the northern boundary of our preserve. This , however, could take some time. For your information, the Mt . Hamilton area and the City of San Jose are not within the District boundaries . The District does not receive any revenue from property owners in those areas , nor do we have any responsibility for any lands in those areas . Sincerely, Nonette Hanko, President Board of Directors NH:kh cc: Board of Directors COSA Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT July 25, 1991 Honorable Daniel Creed, Presiding Judge Santa Clara County Grand Jury. Superior Court Building 191 North First Street San Jose , CA 95113 Re: Grand Jury Report - Mt . Umunhum Area of Sierra Azul Open Space Preserve Dear Judge Creed: The District ' s Board of Directors was pleased to consider the Grand Jury' s report regarding the Mt. Umunhum Area of the District ' s Sierra Azul Open Space Preserve at our meetings of June 21 and July 24 . We appreciate the Grand Jury' s fact-finding about this difficult access matter. This letter is the Board' s response to the report and recommendations . 1) Preparation of a legal opinion regarding the public ' s right to cross the existing paved road on the way to the top of Mt. Umunhum is in process and is expected to be completed within six months . This is a very complicated matter and there are several major issues that are being researched. 2) The District ' s self-restrictive policies regarding use of eminent domain do allow for its use as a last resort . However, the District has been able to negotiate over the last several years purchase of eight of the twelve properties that include the road without use of eminent domain. This approach has avoided negative landowner and public sentiment regarding use of eminent domain, expenditure of funds for legal fees and court costs , and possible excess payments for the lands. Until the federal government completes its clean-up of the former Almaden Air Force Base, there is no good public destination point near the top. This completion, which could easily take another two years , allows time for preparation of the legal opinion and for further attempts to negotiate purchase of additional property rights along the road, before resorting to legal action. 3) District staff has been instructed to review and revise materials distributed to the public regarding access to the Mt. Umunhum Area so as to inform citizens more clearly about the existing situation. 201 San Antonio Circle,Suite C-1 35 - Mountain View,California 94040 - Phone:(415)949-5500 - FAX:(415)949-5679 General Manager:Herbert Grench Board of Directors:Katherine Duffy,Robert McKibbin,Teena Henshaw,G inny Babbitt,Nonette Hanko,Betsy Crowder,Richard Bishop 4) The District ' s general manager, assistant general manager, and operations supervisor met with Sheriff Gillingham and his aide on July 2. They agreed upon an approach that should greatly improve the information that the sheriff ' s deputies can utilize to make decisions in the field regarding the public ' s rights . This approach will involve neighboring landowners. Please convey our thanks to Mr. Augustine, to the Grand Jury and especially to the Cities and Special Districts Committee. Sincerely, Nanette Hanko President NH:dmz cc: MROSD Board of Directors Albert Augustine, Jr. Santa Clara County Clerk Midpeninsula Regional open Space District Clerk Open Spare MIDPENINSULA REGIONAL OPEN SPACE DISTRICT August 9, 1991 Ronald and Rolayne Stortz 13100 Montebello Road Cupertino, CA 95014 Subject: Monte Bello Open Space Preserve - Picchetti Winery Lease Provisions, Tree cutting. Dear Ronald and Rolayne: I am very distressed to learn that there has been extensive tree cutting in the vineyard area. I have received a report that at least seven oak trees have been seriously damaged and at least two trees have been entirely removed. This a particularly serious matter as unnecessary damage or removal of any vegetation is inconsistent with the mission and purpose of the District. Even if the damaged trees survive they will never regain their natural form and appearance. The lease agreement prohibits you from cutting, or allowing others to cut, any trees on the Premises, unless the prior written consent of the District is obtained. Unauthorized cutting of trees is a violation of both State law and District regulations. You will be required to compensate the District for the damage that has occurred. The District is investigating the extent of the damage and will assign a monetary value. I think you should be aware at this point that State law provides for up to triple damages for the wrongful cutting of trees. If you have any questions, please call me. �. 1 ' ,rely, L. era'g-Brittorn, Land Aquistion Manager cc: Board of Directors, Midpeninsula Regional Open Space District 201 San Antonio Circle, Suite C-135 • Mountain View, Califor is 94040 • Phone: (415) 949-5500 • FAX: (415) 949-5679 General Manager:Herbert Grench Board of Directors:Richard Bishop,Betsy Crowder,KaRSerine Duffy;Nonette Hanko,Teena Henshaw,Robert McKibbin,Edward Shelley CAPITOL OFFICE ADDRESS A�, ,� w � COMMITTEES: STATE CAPITOL BUILDING BANKING,FINANCE 3 PUBLIC P.O.BOX 942849 INDEBTEDNESS SACRAMENTO.CA 94249-0001 ELECTIONS,REAPPORTIONMENT (916)445-3305 &CONSTITUTIONAL AMENDMENTS NATURAL RESOURCES WAYS AND MEANS DISTRICT OFFICE ADDRESS ,/,7��', 456 EL NJOSPASE CAIE 95137GGA 2V� SAN DOSE,CA 95130 (408)446-4114 5TA?� CHARLES W. QUACKENBUSH ASSEMBLYMAN,TWENTY-SECOND DISTRICT August 12, 1991 Mr. Leon F. Pauser 6218 Vie de Adrianna San Jose, CA 95120 Dear Mr. Pauser: Thank you for sending a follow-up letter detailing your concerns regarding the Midpeninsula Regional Open Space District (MROSD) and Sierra Azul Open Space Preserve. I apologize for taking so long to respond, but I never received your first letter. As a member of the Assembly Public Safety Committee, I understand your frustration at a seeming lack of concern for the public that MROSD and the county sheriff have displayed. Unfortunately, a tremendous amount of mis-information and confusion has surrounded the issue of public access to the Air Force base atop Mt. Umunhum via Mt. Umunhum Road. On your behalf, I contacted Craig Britton, MROSD' s Land Acquisition Manager, and expressed your concerns . Apparently, in April 1986, MROSD purchased the Air Force base property which is at the peak of Mt. Umunhum. While the Air Force base had been officially closed since 1980, a considerable amount of toxic cleanup was still required as of 1986 before the area could be opened to the public . Thus , at the time of purchase, easement rights to the top of Mt. Umunhum via Mt. Umunhum Road were given only to MROSD personnel, and persons owning parcels of land with access off Mt. Umunhum Road. Since that time, MROSD has acquired an additional 56 parcels of land to build Sierra Azul Open Space Preserve and public access to it. In the process, MROSD has reduced the number of private land holders in the area from 16 to four. Over the same period, MROSD has posted signs marking off private land holdings in an attempt to assist the public in differentiating park lands from private property. Unfortunately, Printed on Recycled Peer Page Two August 12, 1991 a few overly aggressive land owners seem to have no respect for MROSD' s efforts . All too frequently, these important markings have been unlawfully removed. In addition, other signs have been posted on private and park lands . The combination of inaccurate signs with a preserve that has not been completely developed, has led to hostile confrontations between private land owners and members of the public attempting to enjoy park lands . Currently, in accordance with recommendations. received from the Santa Clara County Grand Jury, MROSD is working to clarify the public ' s right to travel along Mt. Umunhum Road to the summit. MROSD is also reviewing and revising all materials distributed to the public regarding Mt. Umunhum. While MROSD does have the authority to use eminent domain to acquire remaining parcels of land, MROSD policy allows for its use only as a means of last resort. Regardless of MROSD policy, the use of eminent domain given current conditions makes little sense. Eminent domain results in high court costs as civil battles are fought over land purchased at higher prices than market conditions might otherwise dictate. In addition, even if full public access to all portions of Mt. Umunhum Road were obtained, the summit area would still be closed to public access until all toxic dumps are cleaned up. I am sorry that you have experienced abrasive attitudes from private land owners in the Mt. Umunhum area when trying to visit Sierra Azul Open Space Preserve. However, until all parcels of land leading to the top of Mt. Umunhum are purchased and toxic cleanup is completed, only portions of Mt. Umunhum Road will be open to the public . I understand that Mt. Umunhum Road represents some of the best bicycling terrain in the area, but for now it must be afforded the same respect as any other driveway or private access road. Please continue to send me your views on other issues of importance to you. Sincerely, Chuck Quackenbush CQ:rkl cc : Sheriff Chuck Gillingham L. Craig Britton, MROSDV Claims . 91-15 Meeting 91-26 Date: Aug.14, 1991 REVISED MIDPENINSULA REGIONALOPEN SPACE DISTRICT # Amount Name Description _ ------------------------------____ .----.__.--_ ------__-------_{ ' 1037 500.00 Acme and Sons Sanitation Sanitation Services 1038 114.75 Allen Equipment Company Equipment Rental 1039 2,814.75 Alves Petroleum, Inc, Fuel 1040 291.20 AT&T Telephone Equipment j 1041 60.00 Joel Barker Structure Repairs 1042 301.08 Big Creek Lumber 1043 57.75 Ruth Blanchard Private Vehicle Expense 1044 3,600.00 Louis Bordi Discing 1045 64.65 L. Craig Britton Reimbursement--Local Meeting Expense 1046 2,136.51 Bridge Radio Services, Inc. Equipment and Installation 1047 15.45 Dick Bruhn Inc. Uniform Expense 1048 246.29 California hater Service Company Water Service 1049 110.00Campbell's Towing Vehicle Towing 1050 5,426.20 Cannis Consulting Engineers Engineering Services 1051 58.85 Coastside Proflame Tank Rental 1052 1,950.00 Canputer Resource Center Ccmputer Training 1053 271.83 Conservatree Office Supplies 1054 73.47 Crest Copies, Inc Bluelines 1055 9,000.00 Deloitte and Touche 1990/1991 Audit 1056 3,765.42 Design Concepts Design and Consulting Services 1057 437.50 Linda Early Consulting Services 1058 297.90 Jean Fiddes Reimbursement--Conference and Training Registrations and Office Supplies 1059 75,000.00 First American Title Guaranty Land Purchase-Tymes j i Company 1060 456.50 David B. Fisher Legal Services 1061 2,592.00 Flinn, Gray & Herterich Vehicle Insurance 1062 274.36 Foster Bros. Security Systems Keys and Locks 1063 1590.14 Garcia Well & Pump Company Water Pump 1064 1,000.00 GeoForensics, Inc. Geotechnical Study 1065 356.86 Goodco Press Printing 1066 100.00 Herbert Grench Reimbursement--Conference Expense 1067 303.10 Virg Harkins Signs Signs 1069 420.00 J & J Water Trucks Water Delivery 1070 5,756.61 J. Thcmas Jakaby Construction Services 1071 75.00 JCP Geologist-Engineers Geotechnical Services 1072 57.20 Jobs Available Advertisement 1073 126.43 Emma. Johnson Reimbursement--Office Supplies Private Vehicle Expense 1074 210.24 Ed Jones Ccmpany Uniform Expense 1075 611.13 Konica Business Machines Maintenance Agreement 1076 200.00 Lopez Gardening Gardening Service--Distel 1077 824.26 Los Altos Garbage Company Dumpster Rental 1078 200.00 na's Building Maintenance Janitorial ic ---Distel 1079 55.82 Sheryl Cochran Marioni Private Vehicle Expense i 1080 62.43 Marie McGough Reimbursement--Office Supplies 1081 15.15 Micro Accounting Solutions Consulting is 5 1082 1,679.14 Minton's Lunber & Supply Field Supplies i 1083 314.20 Mountain View Garden Center Field Supplies I Claims No. 91-15 Meeting 91-26 Date: Aug. 14, 1991 REVISED MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1084 219.00 NEC Technologies, Inc. Equipment Repair 1085 12.16 Noble Ford Equipment Part 1086 75.20 Norney's of Mountain View Office Supplies 1087 84.80 Office Club Office Supplies 1088 1,000.00 Open Space America Co-Sponsorship of 1992 International Open Space Conference 1089 1,236.14 Pacific Bell Telephone Service 1090 3,105.84 Pacific Gas & Electric Campany Utilities and Installation 1091 800.00 Pacific Institute of Defensive Training Expense Tactics 1092 1,099.92 Page & Turnbull, Inc. Architectural Services 1093 29,068.36 Peninsula Open Space Trust Daniels Nature Center Constructim 1094 48.00 Warren Phillips Reimbursement---Medical Services 1095 45.00 Pillsbury, Madison & Sutro Seminar Registration-E. Johnson 1096 66.00 Pro-Flame Propane Gas 1097 5.22 Rancho Hardware Field Supplies 1098 15.60 Regal Dodge Vehicle Part 1099 172.04 REI Uniform Expense 1100 303.19 Rich's Tire Service Tires 1101 921.96 Ray's Repair Service Vehicle Repairs 1102 136.43 S & W Equipment Equipment Rental 1103 175.00 Jane Saltrian Consulting Services 1104 632.00 San Jose Mercury News Advertisement 1105 785.28 Santa Clara County Sheriff's Patrol Services Department 1106 2,674.00 Service Manufacturing Company Service Body 1107 480.00 Shelton Roofing Company, Inc. Roof Repair 1108 9.71 Smith Equipment Company Equipment Part 1109 676.56 Teater & Etc. Graphic Services 1110 157.35 Tejima and Associates, Inc. Consulting Services lill 330.63 Telephone Emporium Equipment Repair 1112 13,559.40 Thcmson Lithograph Printing of Annual Report 1113 54.20 University Art Center Office Supplies 1114 9.18 Unocal Fuel 1115 1,020.54 USRentals Equipment Rental 1116 224.00 Utility Truck Bodies, Inc. Truck Equipment 1117 40.37 Vallee Safety Supply Company Uniform Expense ills 183.76 Value Business Products Office Supplies 1119 60.00 Michele Vierra Structure Repairs 1120 381.04 West Coast Rebar Companu Steel Bars 1121 589.46 Western Allied Service Ccmpany Equipment Repair 1122 321.37 WMI Services: Port-o-Let Sanitation Services 1123 975.57 The %brkingman's Emporium Uniform Expense 1124 730.69 Graniterock Concrete 1125 216.50 Langley Hill Quarry Baserock 1126 1,023.00 Los Altos Medical Clinic Medical Services 1127 525.00 Christi anna Seidel Consulting Services 1128 972.06 Petty Cash Private Vehicle Expense, Local Meeting Expense, Film and Developing, Resource Documents, Drafting, Field and Office Supplies and Educational Assistance