HomeMy Public PortalAbout19940323 - Agendas Packet - Board of Directors (BOD) - 94-10 t_
Open Space
MI P D ENINSULA REGIONAL OPEN DISTRICT SPACE S RICT
I
Meeting 94-10
REGULAR MEETING
BOARD OF DIRECTORS
AGENDA*
6:00 P.M. 330 Distel Circle
Wednesday Los Altos, California
March 23, 1994
(6:00) ROLL CALL
CLOSED SESSION (Personnel Matters)
(7:30) ** ORAL COMMUNICATIONS -- Public
ADOPTION OF AGENDA
*** ADOPTION OF CONSENT CALENDAR -- G. Babbitt
*** APPROVAL OF MINUTES
March 9, 1994 (Consent Item)
March 14, 1994 (Consent Item)
*** WRITTEN COMMUNICATIONS (Consent Item)
BOARD BUSINESS
*** 1. Adoption of Action Plan for the Implementation of the Basic Policy of the
Midpeninsula Regional Open Space District for the 1994-1995 Fiscal Year C. Britton
(7:45) 2. 1994-1995 Salary Range Adjustment for the District's Office, Supervisory, and
Management Staff-- C. Britton
(7:55) 3. Acceptance of Insurance Coverage for 1994-1995 -- J. Fiddes
(8:00) 4. Adoption of Budget for Fiscal Year 1994-1995 -- C. Britton
Resolution Approving the Budget for 1994-1995 Fiscal Year
(8:30) 5. Appointment of Auditor for 1993-1994 Fiscal Year -- J. Fiddes
(8:35) 6. Adoption of Revised Employee (Ranger) Residence Policies - J. Escobar
(8:40) 7. Revision of District's Rules of-Procedure to Incorporate Brown Act Changes -
C. Britton
Resolution Amending District's Rules of Procedure
*** 8. Annual Claims List for Fiscal Year 1994-1995 -- J. Fiddes
330 Distel Circle * Los Altos, California 94022-1404 0 Phone: 415-691-1200 * FAX: 415-691-0485
Board of Oirec'tors Pete Siemens,Robert M(Kibbin, Ieena Henshaw,("it ny Babbitt,Nonette Hanko,Betsy Crowder,Wing de Wit
III
i
(8:55) INFORMATIONAL REPORTS -- Directors and Staff
*** REVISED CLAIMS (Consent Item)
CLOSED SESSION (Litigation, Land 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: The Chair will invite public comment on agenda items at then time
each item is considered by the Board of Directors. You may address the Board concerning other
matters during oral communications. Each speaker will ordinarily be limited to 3 minutes. When
recognized, please begin by stating your name and address. Please fill out the speaker's form so
your name and address can be accurately included in the minutes.
Alternately, you may comment to the Board by a written communication, which the Board
appreciates.
***All item on the consent calendar shall be approved without discussion by one motion unless a
Board member removes an item from the consent calendar for separate discussion. A member o t
public me request under oral communications that an item be removed,from the consent calendar.
RESPONSE ACTION PROPOSED BY STAFF
Board President Acknowledge/Respond
Director Acknowledge/Respond
Staff Acknowledge/Respond
MARDraft Response Attached
Staff to be Directed to Prepare Draft
Response for Board Consideration per
Board Directive(s)
1425 Highland View Ct. No Response Necessary
Los Altos, CA 94024
13 March 1994
Board of Directors
Midpeninsula Regional Open Space District
300 Distel Circle
Los Altos, CA 94022
RE: PLEASE HELP FUND DEER HOLLOW FARM!
Dear Board of Directors:
I am a teaching docent at Deer Hollow Farm and my husband brings his telescope in the
summer to give star parties for the summer campers. We know what a valuable resource
Deer Hollow Farm is, both as an environmental education center and a working farm.
Either would be wonderful; both make it a treasure.
We hope that the District could help with the funding! Mountain View can no longer
afford to foot the entire bill. We are also urging all nearby cities and the county to help
share the cost of running Deer Hollow Farm. Please put Deer Hollow Farm on the next
budget of the Midpeninsula Regional Open Space District.
Sincerely,
Donna Poulos and Darwin Poulos
Open Space
A 11, $''1111''111161111.......................................
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION
Donna and Darwin Poulos
1425 Highland View Court
Los Altos, CA 94024
Dear Mr. and Mrs. Poulos:
Thank you for your March 13, 1994 letter expressing your support for Deer Hollow Farm.
At our Regular Meeting last night, the District's Board of Directors reviewed your
comments. We share your concern about the future of Deer Hollow Farm.
The District recognizes the importance of Deer Hollow Farm to the community. We know
the farm has been a valuable resource to the children who participate in the City of Mountain
View's programs, as well as the preserve visitors who enjoy the farm when they use the
trails. The District's contributions to the program include cooperative maintenance projects
and leasing the site to the city free of charge.
Like the City of Mountain View and other local agencies, we have been forced to make
budget cuts. The State's financial problems have created an uncertain future for the
District's funding. Even so, we are very interested in working with the city to find a viable
solution, and will do what we can to help. Representatives from the District, the City of
Mountain View, and Santa Clara County have been meeting to discuss this matter. We
appreciate your support for Deer Hollow Farm.
Sincerely,
Ginn y Babbitt
President, Board of Directors
GB:CRB:kh
cc: Board of Directors
Open Space . . . for room to breathe 20th Anniversary 1972-1992
330 Distel Circle - Los Altos, California 94022-1404 Phone:415-691-1200 FAX:415-691-0485
General Manager:Herbert Grench Board ofD irectors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wini de Wit
Open Space A! 4#1 J11011
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-94-36
Meeting 94-10
March 23, 1994
AGENDA ITEM
Adoption of Action Plan for the Implementation of the Basic Polic of the Mid peninsula
P P F Y Pe
Regional Open Space District for the 1994-1995 Fiscal Ye'r
NDA3'tON GENERAL MANAGER'S RECOMME -
Adopt the 1994-1995 Action Plan for the Implementation of the Basic Policy o tthe
Midpeninsula Regional Open Space District.
DISCUSSION
You tentatively adopted the proposed Action Plan for the 1994-1995 fiscal year at your
March 9 meeting (see report R-94-27).
No changes are recommended in the plan at this time.
Copies of the proposed Action Plan discussed at your March 9 meeting are available at the
District office for public review.
Prepared by:
Jean H. Fiddes, Administrative Services Manager
Contact person:
Same as above
330 Distel Circle Los Altos, California 94022-1404 Phone: 415-691-1200 FAX:415-691-0485
Board of Oiredors;fete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-94-35
Meeting 94-10
March 23, 1994
AGENDA ITEM
1994-1995 Salary Range Adjustment for the District's ffice, Supervisory, and Management Staff
iF
GENERAL MANAGER'S RECOMMENDATION
Approve the attached 1994-1995 salary pay plan, which 1"__ !des a 2.5 point (2.5%) salary range
adjustment for the District's, office, supervisory, and management staff.
DISCUSSION
On October 14, 1992, the Board adopted the Ralph Andersen and Associates compensation report (see
report R-92-108). The report stated, in part, that "in order to maintain competitiveness with the labor
market, the entire salary table should be adjusted annually to account for cost of living (COLA)
increases." Ralph Andersen and Associates recommended that the best way to determine cost of living
increases is to survey the other agencies in our labor market and set the District's COLA adjustment
consistent with our labor market group. Consumer price index data should also be referenced, but it
is not the best indicator because it does not relate specifically to labor costs.
The attached chart, entitled 1994 Salary Survey Data, reflects salary adjustment information for the
agencies in our labor market group. The majority of agencies have not yet determined 1994 COLAs,
if any. Of those that have scheduled COLAs in 1994, the range of increases is 0% to 3.5%.
Consumer Price Index (CPI) data for the San Francisco-Oakland-San Jose Area for the period of
February 1993 to February 1994 (the most recent available) shows a 1.3% change for the all urban
consumers category and a 1.0% change for the urban wage earners and clerical workers category.
Taking the survey and CPI data into consideration, I recommend that the Board approve, effective April
1, 1994, a 2.5 point (2.5%) across-the-board cost-of-living salary adjustment for the District's office,
supervisory, and management staff. The 2.5 point increase would maintain competitiveness with the
District's public sector labor market, as well as help staff keep pace with the day-to-day cost of living
in this area.
This information has been reviewed with the employee steering committee and with staff, and no
objections have been made to the proposed 2.5 point cost of living adjustment. Employees represented
by Local 715 will receive a 2.5 point cost of living adjustment effective April 1, 1994.
Prepared by: Deirdre Dolan, Administrative Analyst
Contact Person: Jean Fiddes, Administrative Services Manager
330 Distel Circle , Los Altos, California 94022-1404 Phone: 415-691-1200 * FAX:415-69 1-0485
Board of Directors:Fete Siemens,Robert McKibbin,Teeny Henshaw,Ginny Babbitt, Nonette t lanko,Betsy Crowder,Wim de Wit
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
PAYPLAN 1994-1995
Eff. 4/l/94
MONTHLY* ANNUALLY*
CLASSIFICATION STEP NO. MIN-MAX MIN-MAX
Receptionist 192 - 217 1906 - 2445 22,877 - 29,339
Administrative Clerk 196 - 221 1984 - 2544 23,806 - 30,530
Open Space Technician* 209 - 234 2258 - 2896 27,094 - 34,746
Secretary 210 - 235 2280 - 2924 27,364 - 35,094
Lead Open Space Technician 214 - 239 2373 - 3043 28,476 - 36,519
Planning Technician 217 - 242 2445 - 3135 29,339 - 37,625
Public Affairs Assistant 217 - 242 2445 - 3135 29,339 - 37,625
Office Manager/Sec'y to G.M. 220 - 245 2519 - 3230 30,228 - 38,765
Ranger 222 - 247 2570 - 3295 30,835 - 39,544
Accounting Specialist 225 - 250 2647 - 3395 31,770 - 40,743
Docent Coordinator 225 - 250 2647 - 3395 31,770 - 40,743
Volunteer Coordinator 225 - 250 2647 - 3395 31,770 - 40,743
Equipment Mechanic-Operator 232 - 257 2838 - 3640 34,061 - 43,682
Open Space Planner I 232 - 257 2838 - 3640 34,061 - 43,682
Administrative Assistant 238 - 263 3013 - 3864 36,157 - 46,369
Supervising Const. & Maint. Ranger 239 - 264 3043 - 3903 36,519 - 46,833
Supervising Patrol Ranger 239 - 264 3043 - 3903 36,519 - 46,833
Research Attorney 247 - 272 3295 - 4226 39,544 - 50,713
Administrative Analyst 247 - 272 3295 - 4226 39,544 - 50,713
Open Space Planner II 247 - 272 3295 - 4226 39,544 - 50,713
Resource Planner 247 - 272 3295 - 4226 39,544 - 50,713
Support Services Supervisor 247 - 272 3295 - 4226 39,544 - 50,713
Visitor Services Supervisor 247 - 272 3295 - 4226 39,544 - 50,713
Area Superintendent 254 - 279 3533 - 4531 42,397 - 54,371
Real Property Representative 257 - 282 3640 - 4668 43,682 - 56,019
Senior Planner 257 - 282 3640 - 4668 43,682 - 56,019
Administrative Services Manager 270 - 295 4143 - 5313 49,714 - 63,754
Public Affairs Manager 270 - 295 4143 - 5313 49,714 - 63,754
Operations Manager 277 - 302 4442 - 5696 53,300 - 68,357
Planning Manager 277 - 302 4442 - 5696 53,300 - 68,357
Asst. G.M./Land Acquisition Mgr.** 297 - 322 5420 - 6954 65,035 - 83,450
* The salary range for Seasonal Open Space Technician is $10.68 to $11.79 per hour with
actual individual rate to be determined at time of hire. Range is 20 points to 10 points
below Open Space Technician range.
** Position under review.
Forty hours per week basis.
1994 SALARY SURVEY DATA
Cfty of Cupertino (July) City of Saratoga (July)
3.5% increase eff. 6/14/93 for Miscellaneous; 0% 7/93
3.0% increase eff. 6/14/93 for Mgmt & 1994 unknown
Confidential
(No increase in 1992)
1994 unknown
EBRPD (April) City of San Jose (Varies)
Anticipate 3% - tied to CPI; eff. 4/94 0% in 1993; still negotiating for `94
4% increase 4/93 ($137.15 added to each step)
Cry of Los Altos (July) City of San Mateo (March)
0% increase in 1993; 1994 unknown SEIU to get 2% eff. March `94. Received
0% in `93.
Mgmt Assoc. received 2.5% in `93;
received 0% in `92. 1994 unknown
City of Los Gatos (July) County of San Mateo (July)
0% increase in 1993 3% increase eff. 7/93
1994 unknown 1994 unknown
City of Milpitas (January & July) City of Santa Clara (January)
3.5% increase eff. January `94 Still negotiating; anticipate 0% increase Jan
3.5% increase eff. July `94 `94; received 4.64% increase Jan `93
City of Mountain View (July) County of Santa Clara (July)
No increase 7/l/93, but 4 personal leave days SEIU - 0% in `93; contract extended to
added at Christmas (one time only). Assume 7/94
2% - 2.5% on 7/94 for S.E.I.U. CEMA - 3% in 8/93; new contract 6/94
City of Palo Alto (May) City of Sunnyvale (June)
3% increase eff. 5/93 for SEIU and 7/93 for 2% increase eff. 8/93, plus 2% at 55.
Mgmt and Confidential Increase scheduled 6/94 and 6/95; 90% of
1994 unknown CPI
Marin County Open Space District (July) Marin Water District (July)
Contract extended 1 yr to 6/94 with no salary 4% increase eff. 7/93.
increases. Last increase 1% eff. 1/93 1994 unknown
Consumer Price Index Data for SF-Oakland-SJ Area:
Dec 92-93 Jan 93-94 Feb 93-94
All Urban Consumers 1.9% 1.7% 1.3%
Urban Wage Earners & Clerical 1.7% 1.6% 1.0%
Workers
Open Space
R-94-40
Meeting 94-10 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
March 23, 1994
AGENDA ITEM
Acceptance of Insurance Coverage for 1994-1995 \,
GENERAL MANAGER'S RECOMMENDATION-
Accept the package (property and general liability), auto, umbrella liability, public entity
errors and omissions coverage, and fidelity bond insurance coverage bid totalling $138,950
from Flinn, Gray & Herterich based on the quotations shown on Exhibit A from CIGNA,
General Accident, Fireman's Fund, Swett & Crawford, and Chubb for the period of April 1,
1994 through March 31, 1995.
Discussion: Flinn, Gray & Herterich of Palo Alto, the District's insurance broker, has
submitted the attached bid package totaling $138,950. This total is $334 less than the
District's 1993-1994 insurance premiums that totalled $139,284.
The coverage period is April 1, 1994 through March 31, 1995. The bid information is:
1) Package (Property and General Liability): CIGNA has bid $68,110, a 2% decrease
over the 1993-1994 premium of $69,379.
2) Auto: General Accident Insurance has bid $29,794, a 6.5% increase from the 1993-
1994 premium of $27,976.
3) Umbrella Liability Coverage: Fireman's Fund has quoted $26,000 for the District's
$5 million-limit umbrella liability coverage. This compares to the 1993-1994
premium of$28,000, and represents a 7% decrease in the premium.
4) Public Entity Errors and Omissions Coverage: Swett & Crawford Insurance
Company has bid $9,246. The bid is a 8.7% increase over the 1993-1994 premium
of$8,503.
5) Fidelity Bond Coverage: Chubb's premium bid is $5,800, 7% more than the 1993-
1994 premium of$5,420.
Prepared by:
Jean H. Fiddes, Administrative Services Manager
Contact person:
Same as above
330 Distel Circle Los Altos, California 94022-1404 • Phone: 415-691-1200 FAX: 415-691-0485
Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit
R-94-40 Page 2
EXHIBIT A
INSURANCE COVERAGE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
1994-1995
COVERAGE COMPANY BID QUOTATION
Package (Property and
General Liability) CIGNA $ 68,110
Auto General Accident $ 29,794
Umbrella Liability Fireman's Fund $ 26,000
Public Entity Errors and Swett & Crawford $ 9,246
Omissions
Fidelity Bond Chubb $ 5.8
$138,950
Open Space
------------------------
`Y L�
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-94-34
Meeting 94-09
March 23, 1994
AGENDA ITEM
Adoption of Budget for Fiscal Year 1994-1995
GENERAL MANAGER'S RECOMMENDATION
1. Adopt the attached resolution approving the b4for 11995 fiscal year.
2. Authorize the filling of the second, regular full-time planning technician position
effective April 1, 1994.
DISCUSSION:
The proposed budget for the 1994-1995 fiscal year was presented for review at your March
9, 1994 meeting (see reports R-94-28, R-94-30, and R-94-32). As noted at your March 9
meeting, only one new position is proposed to be filled as of April 1, 1994, and it is the
second, regular full-time planning technician position. This position had been proposed in
the 1992 staffing reorganization plan, but was put on "hold" because of the state budget
crisis and its potential impact on the District.
Controller Michael Foster will be present at your March 23 meeting to brief the Board on the
District's long-term cash projections.
Prepared by:
Jean H. Fiddes, Administrative Services Manager
Contact Person:
L. Craig Britton, General Manager
330 Distel Circle • Los Altps, California 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485
Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
ADOPTING BUDGET FOR FISCAL YEAR 1994-1995
The Board of Directors of the Midpeninsula Regional Open Space District does
resolve as follows:
Section One. The budget for the Midpeninsula Regional Open Space District for the
fiscal year 1994-1995 is adopted as set forth in Exhibit A.
Section Two. The District's allocation of property taxes collected shall correspond to
the maximum tax rate of one percent of assessed valuation for all agencies within each
county.
Section Three. A total tax rate of ten cents ($0.10) per $100 assessed valuation is
adopted or such lesser amount as may be allowable by law.
Section Four. An adjustment to the New Land Purchases budget category shall be
made to reflect any difference between actual revenue and budgeted revenue.
Section Five. Monies are hereby appropriated in accordance with said budget.
I
EXHIBIT A
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Budget for Fiscal Year 1994-1995
I. REVENUES
A. Tax Revenues $ 10,140,000
B. Grant Income 81,000
C. Interest Income 390,000
D. Rental Income 423,000
E. Sale of Surplus Property 2,500,000
F. Other Income 5%000
TOTAL INCOME $ 13,584,000
NET PROCEEDS FROM NOTE ISSUE 4,875,000
TOTAL INCOME PLUS FINANCING $ 189459,000
II. DECREASE IN RESERVES ( 769,400)
III. EXPENDITURES
A. Debt Services
1. Interest $ 3,384,760
2. Principal 2,463,240
DEBT SERVICE SUBTOTAL $ 518481000
B. Salaries
1. General Manager Appointees $ 2,158,900
2. Salary Incentive Awards 21,300
3. General Manager 861000
4. Legal Counsel 47,000
5. Controller 7,900
Benefits
1. General Manager Appointees $ 634,500
2. General Manager 22,500
C. Directors' Fees $ 27,000
SALARIES AND BENEFITS SUBTOTAL $ 3,005,100
i
EXHIBIT A PAGE 2
E. Services & Supplies
1. Legal Services $ 23,000
2. Regular Outside Services 56,300
3. Contract Services 363,400
4. Election/Annexation 101,000
5. Library and Subscriptions 2,850
6. Rents and Leases 119400
7. Utilities 47,200
8. Postage 39)150
9. Printing and Duplicating 13,500
10. Insurance 119,500
11. Advertising 9,800
12. Maps and Aerials 1,200
13. Private Vehicle Expense 14,900
14. District Vehicle Expense 151,000
15. Business Meeting Expense 10,100
16. Personnel Development 47,850
17. Maintenance/Repair Equipment 17,950
18. Operating Expenses - Distel 44,600
19. Computer Expenses 22,050
20. Office Supplies/Small Equipment 9,750
21. Field Supplies/Small Equipment 29,900
22. Outside Maintenance Services 175)100
23. Property Taxes & Permits 5,900
24. Communications - Publications 66,950
25. Communications - Special Projects 18,500
26. Volunteer Program 8,700
27. Miscellaneous 450
SERVICES AND SUPPLIES SUBTOTAL $ 1,412,000
F. Fixed Assets
1. Previous Land Commitment $ 300,000
2. New Land Purchases 4,500,000
I Option Fees 150,000
4. Land Bank Payments 200,000
5. Site Acquisition Expense 113,500
6. Site Preparation Expense 50,000
7. Structures and Improvements 808,000
8. Field Equipment 271700
9. Office Equipment 59,100
10. Vehicles 55,000
FIXED ASSETS SUBTOTAL $ 8,963,300
TOTAL OF ALL EXPENDITURES $191228)400
Open Space
R-94-41 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 94-10
March 23, 1994
AGENDA ITEM
Long-Term Cash Flow Projections — 1994-2004
DISCUSSION
Attached are long-term cash flow projections covering four different assumptions of revenue
and operating expense growth. Also attached is a summary of the total amount of new land
which could be purchased during the period 1994-2004, under each set of assumptions. The
cases considered were the following:
CALPAW Tax Revenue Operating Expense
Passes Growth Growth
Case #1 No 5%/year 6%/year
Case #2 No 5%/year 8%/year
Case #3 Yes 5%/year 8%/year
Case #4 Yes 5%/year 9%/year
The cash flow projection for each case is presented on a separate page. The projected cash
receipts and spending for each fiscal year are listed in a separate column. The ending cash
balance at the end of each year becomes the beginning cash balance for the next year.
Revenues and proceeds from issuance of debt are added, expenses and land payments
subtracted. The ending cash balance must be sufficient to cover the reserve requirements of
then-outstanding public debt plus a modest cushion.
The 1993-1994 figures are identical in each case. The 1994-1995 column for Case #1
contains the budget figures proposed for your adoption on March 23. The 1994-1995 figures
for the other cases vary slightly due to the impact of either CALPAW passage or any
decision to step up long-term operating expense growth. In all future years, in all cases,
bond issuance and land purchases are included as they can be afforded within the indicated
operating cash flow for each year. Operating cash flow is calculated as total revenue minus
all spending except land purchase payments. Since the District must service its debt from
operating cash flow, i.e., we cannot borrow money to pay operating expenses or debt
service, the operating cash flow line must be generally positive.
Tax revenue growth after 1994-1995 is estimated at 5%/year in all cases. This is less than
the tax revenue growth experienced in the 1980's but above that obtained in the last two
years. The CALPAW assumption,is very significant as the District's share of CALPAW
grants would total approximately $60 million over about five years. Receipts from grants
and joint projects are expected to remain relatively low. Projected "other" income is,the
same in each case.
330 Distel Circle * Los Altos, California 94022-1404 w Phone: 415-691-1200 - FAX: 415-691-0485 C#7
Board of Oirectors:Pete Siemens,Robert M(Kibbin,Teena Henshaw,Ginny Babbitt, Nanette Hanko,Betsy Crowder,Wim de Wit
l
R-94-41 Page 2
Projected internal expenses have been broken down into three categories. "Facilities Costs"
include projected spending on District operating facilities such as the headquarters building
and ranger offices and shop facilities. "Major Improvements" include all major site emphasis
projects listed in the latest Capital Improvement Plan (C.I.P.) All other operating expenses,
including minor C.I.P. projects, are listed on the "Operating Expenses" line. Projected
facilities costs and major improvements are the same in each case. The operating expense
figure shown in each case for 1994-1995 is the proposed budget. Operating expense figures
for 1995-1996 and beyond reflect the percentage annual growth over 1993-1994, shown
above in the assumption table.
Current debt service is what is required by the District's outstanding debt (the same in each
case). Projected new debt service reflects the cost of servicing new debt issued in each case.
In Cases #1 and #2, new bonds are issued in the amounts allowed by projected operating
cash flow. Proceeds are then used to purchase new land. In Cases #3 and A, it is assumed
that the District would, through the balance of the decade, concentrate on completing land
purchases funded by CALPAW grants, conserving its debt capacity to fund a continuing
active land purchase program in 2000 - 2004.
The "Priority Purchases" line includes the District's final commitment to POST on the
Phleger property plus completion of the Hosking, Jamison, and Moody Gulch projects. The
"Cumm New Land" line at the bottom of each case shows the cumulative new land !
purchased starting with 1994-1995. The total of new land purchases for each case are
summarized on the page entitled "MROSD New Land Purchase Resources."
CONCLUSIONS
1. If CALPAW is not approved by the voters and no other significant source of new
revenue is found, the continuation of a meaningful land acquisition program would be
dependent upon tight control of operating expense growth. If operating expenses
were allowed to increase at a rate of three percentage points above the growth in tax
revenue (Case #2), then only $35 million of new land can be purchased over ten years
($12 million of which is already committed to top priority projects). If operating
expense growth was held to one percentage point over tax revenue growth (Case #1),
the amount of new land purchase resources increases to $59 million. The difference
in total (ten year) operating expenses between Case #1 and Case #2 is only $7 million
but the impact on annual operating cash flow, and therefore the affordable level of
debt financing, is more significant. At current interest rates, it takes about $75,000
of operating cash flow to service $1 million of debt. Thus the difference in projected
2003-2004 operating expenses between Case #1 and Case #2, $1.57 million, could
service an additional $21 million of debt (and its associated land purchases). This
i impact of varying levels of operating expense growth on land purchase resources can
also be seen in a comparison of Case #3 to Case #4.
R-94-41 Page 3
2. Without CALPAW, or the equivalent, projected land purchase resources are very
modest. Therefore, it would be critical to better prioritize potential land purchase
opportunities so that funds are obtainable when the most desirable properties become
available.
3. CALPAW passage has a significantly favorable impact on the District's financial
model. The initiative would not only directly fund $60 million of near-term
acquisitions, it would allow the District to store up its excess debt capacity until the
end of the decade, when the increased level of tax revenue can more comfortably
support renewed issuance of relatively large amounts of bonds. The result (Case #3)
would be a healthy, steady, manageable acquisition program, averaging $12 million
r year over ten ears.
Pe Y Y
Prepared by:
Michael Foster, Controller
Contact person:
Same as above
i
MROSD NEW LAND PURCHASE R=URGES
SUMMARY OF 10 YEAR CASH PROJECTIONS 3/1 9/94
TAX REVENUE EXPENSE
$60M CALPAW GROWTH GBQM
CASE #1 NO 5%NR 6%NR
CASE #2 NO 5%NR 8%NR
CASE #3 YES 5%/YR 8%NR
CASE #4 YES 5%NR 90/oiYR
NEW LAND PURCHASES
(THOUSANDS)
RSC;AL )M68 CASE#1 CASE CASE #3 CASE #4
94-95 $7,500 $6,000 $10,000 $10,000
95-96 $8,781 $6,581 $17,281 $17,281
96-97 $7,300 $5,800 $12,300 $12,300
97-98 $8,000 $7,500 $12,500 $11 ,750
98-99 $7,500 $5,000 $12,500 $12,500
99-00 $3,000 $0 $12,500 $7,750
00-01 $2,500 $0 $12,500 $10,000
01-02 $2,500 $0 $12,500 $10,000
02-03 $6,000 $4,000 $12,500 $10,000
03-04 $6,000 $590 $5,000 $5,250
TOTAL $59,081 $35,381 $119,581 $1069831
PRESENT VALUE @a 30/o/YR $51 ,398 $31 ,751 $102,943 $92,562
• a
i ••• _, 11 NMI IV 1 / 1 / 11 ii 1 / ii li
• ' ll • i ���
• • : I • MPFM • i ' • • • • • • • . 1 M.
• li -. Iliff To Mot / f / rl ri ii IT,Me + III 11i
• 075
1i • ; 2358139081is 44581 470815308159081
• ®�®�� r.r. 11 11 1 1 1 i 1 in r '
r i is : . • ' 1 s • ` • i
i5320 5848 • . :
•` ' ' • 1243 2206i
• / 1 / _®i ®1� i l�_,__ i l / off# i Wash
10109 / 6430 6152 6990 7653 7665 • s 7987
• '_� ' • 1 1 1 • i • • i • 1 • 1 • 1 • 1 ♦ i
D v4509 3050 110 967 1125 1348 1360 1212 1159 1561
0 6000 : 1 : : i 1 1 : : 35381
, . • • • • • • w • • w • � • � • • • • 1 1 t 1 t 1 1 1 1 1 1
ii ! • 111 Iii IiI / ii • 1 ! ! -__- . lilt
� "• _,�-®! �� 11 11 1 / ! 1 � 1 ! /
1Imm SPUN or-To M, • or-T.M. • O • : 1 • 1
r i / • 1 • 1 • 1 1 / / ! t
wz
• 11 / ii 1 / ! It it it i ! 1
• 1 / iI1 : ' / i / AM A5U : • • : i
l 6
! • • 1 • 1 1803 i 9692 6929 1901 1507
r 0 100! is 1 : / is W. .
. f s • - • i
r • . ® • • r � • • � • � a • • • 1 / 1 i f i 1 f 1 i 1 ' 'I�
-. i1 ! • 11 / III iif lif • IIi ____ • ilii
i • �® 1 1
• • : i • or-To M. • or. • • • • • : 1
i i • / • 1 • 1 • 12Z5 : ilm 2= ZM
• i / km km I i ' • • : : MA ZM a •
• f 11 • s • 1 ' • • • i '
•` • f • • I • 1 ' 7693M • • ! • 139 68573
i 1010 ` • / 5640 03i 1
19 1365 1693 i • 1652 • ' •
i ! 10000 27281 39581 mWff" 63831 : : i / • :
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-94-38
Meeting 94-10
March 23, 1994
AGENDA ITEM
Appointment of Auditor for 1993-1994 Fiscal Year
CONTROLLER'S RECOMMENDATION
Appoint Deloitte and Touche as the District's auditors for the fiscal year 1993-1994.
DISCUSSION
For the last fifteen years, Deloitte and Touche has served as the District's auditor. Each
year Deloitte and Touche has performed its services in a competent, professional manner and
has regularly recommended worthwhile improvements in our accounting practices and
controls.
PROPQSED TERMS
Deloitte and Touche has estimated a fee of$11,250 for the 1993-1994 audit including
examination, preparation and printing of financial statements, a management letter containing
recommendations for improving procedures and controls, and providing on-going training
and assistance to our staff. This represents a $850 fee increase over last year's fee and is
designed to recover 40-50% of the firm's standard commercial charges. I have reviewed the
firm's estimates and believe the quoted fee to be reasonable.
Prepared by:
Michael L. Foster, Controller
Contact person:
Same as above
330 Distel Circle , Los Altos, California 94022-1404 Phone: 415-691-1200 FAX: 415-691-0485
Board ofOirectors:Fete Siemens, Robert McKibbin,Teena Henshaw,Ginny Babbitt, Nonette Hanko,Betsy Crowder,Wim de Wit
Open Space
P P
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-94-37
Meeting 94-09
March 23, 1994
AGENDA ITEM
Adoption of Revised Employee (Ranger) Residence Policies
GENERAL MANAGER'S RECOMMENDA~ 4ON�
Adopt the attached Employee Residence Policies.
DISCUSSION
The Board first adopted Ranger Residence Policies on November 10, 1982 (Report R-82-41) to
provide for site security and after-hours emergency response needs on District lands. Since 1982,
the ranger residence program has more than adequately served the needs of the District. However,
during our first union negotiations in 1990, Local 715, which represents the District's rangers, open
space technicians, and equipment mechanic-operator, expressed concern about several elements of
the program. Subsequent review and research b staff and our labor relations attorney resulted in
P g �1 Y Y
additional recommendations to improve compliance with State of California fair housing laws and
the Fair Labor and Standards Act. Staff developed the attached administrative guidelines and rental
agreement to address the concerns about the existing program. Given the field staff interest and
involvement, the administrative guidelines were developed before recommending policy revisions to
the Board. Staff delivered the initial draft of the new administrative guidelines to the bargaining
unit and supervisory field staff members on July 1, 1993.
Following completion of contract negotiations in November, 1993, staff began meeting with
supervisory field staff and the bargaining unit. Through the meet-and-confer process, staff
addressed concerns and made modifications to the initial draft. The final draft of the administrative
guidelines is attached to this report for your information. To implement this new employee
residence program, the Board must first adopt the revised Employee Residence Policies, which will
replace the current Ranger Residence Policies. Following your adoption of the revised policies, the
General Manager will approve the attached administrative guidelines to fulfill the requirement of
policy statement #4. The new program would be implemented on July 1, 1994, to coincide with the
annual review of other District rental residences.
Prepared by:
John Escobar, Operations Manager
Carleen Bruins, Visitor Services Supervisor
Contact person:
John Escobar, Operations Manager
Open Space . . . for room to breathe 20th Anniversary 1972-1992
330 Distel Circle • Los Altos, California 94022-1404 Phone: 415-691-1200 • FAX: 415-691-0485
Genera!Manager:Herbert Grench Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginn Babbitt,Nonette Han ko,Betsy Crowder,Wim de Wit
Employee Residence Policies
Adopted By
Board of Directors
November 10, 1982
Revised March 23, 1994
Definition
For the purpose of these policies, an employee residence is defined as a District-owned or
rented structure occupied by a District employee as his or her primary residence.
1. General Policy. The Board of Directors has determined that employee residences on
District lands provide an important public service. The District will maintain a planned
geographic distribution of employee residences in specified open space preserves.
Employee residents shall assist in protecting or maintaining open space resources during
those hours when regular staff is not on duty or needs additional assistance. ,
2. Specific Goals. The District shall implement an employee residence program designed to
provide: a) additional security for specific preserve areas, buildings, and facilities, b)
quick response to after-hours emergencies and problems encountered by District tenants,
neighbors, and the general public on or adjacent to District lands, and c) opportunities for
additional contact with preserve visitors.
3. Rental Value. Monthly rent for employee residences shall be market value less 50%.
This discount is in recognition of the improved site security and neighborhood relations,
and the resident employee's limited privacy, increased availability to quickly respond to
emergencies, and responsibility to perform minor maintenance and repairs.
4. Administrative Guidelines. The general manager shall develop administrative guidelines
to implement these policies. Such guidelines will outline occupancy criteria, required
agreements, resident rights and responsibilities, and the determination of monthly rental
rates.
5. Site Selection Criteria. The selection of employee residence sites shall be based on
geographic location and specific needs of the District. Strategic locations for easy
surveillance and access to roads and trails, public accessibility, need for increased
security, and proximity to other preserves and ranger offices will be primary
considerations.
III. RESIDENT EMPLOYEE RESPONSIBILITIES {
A. NON-COMPENSABLE RESPONSIBILITIES.
1. Primary residence. Resident employee must use the premises as his or her
place of residence on a continuous basis. primary
2. Job performance. Resident employees will be expected to maintain n an overall
performance evaluation rating of "meets standard."
3. Helpful and courteous. Resident employees and all other occupants must be helpful,
courteous, and accessible to all District visitors, neighbors, employees, tenants,
officials, agents, and lessees.
4. Maintain residence. The resident employee shall, at his or her expense, maintain
existing landscaping and perform routine and minor household maintenance and
repairs. Examples include: replacing batteries in smoke alarms and replacing bulbs
in built-in light fixtures, clearing clogged plumbing fixture drains, and replacing toilet
flapper valves and heater filters when needed. All other repairs, maintenance, or
alterations to the residence require advance approval of the area superintendent.
5. Fire breaks. The resident employee shall keep the premises free of low-lying brush,
weeds, and similar flammable material. The District shall construct and maintain the
components of the required firebreaks which are normally maintained using tractors
or other heavy equipment. The resident employee shall be responsible for
maintaining all other components of the required firebreaks as a part of maintaining
the existing landscaping. To clear low-lying brush and weeds resident employees may
operate District hand-held brush cutters and push-type power mowers (Yazoo) when
off-duty. When using District tools or equipment, the resident employee must adhere
to all safety and operation procedures as if on-duty, including wearing appropriate
personal protective equipment. Trucks, tractors and heavy equipment will not be used
by off-duty resident employees.
6. Working telephone. The resident employee shall have a working telephone and
provide the District with the number. The District shall reimburse the resident for all
long distance calls required for District business.
7. Site presence and visibility. The resident employee shall assist with the protection of
District lands and improvements by providing a visible on-site presence. The District
will install signs identifying residences as employee residences.
B. COMPENSABLE RESPONSIBILITIES - CALL-OUTS.
1. Call-outs. A call-out is defined as an on-duty uniformed activity initiated by an off-
duty resident employee. Call-outs must be in response to an official request, a
citizen's report, or a known condition of an urgent nature.
2. The resident employee shall respond promptly to all call-outs.
2
EMPLOYEE RESIDENCE ADMINISTRATIVE GUIDELINES
I. INTRODUCTION
Board-adopted Employee Residence Policies (March 23, 1994) require the development of
administrative guidelines to outline occupancy criteria, required agreements, resident rights and
responsibilities, and the determination of monthly rental rates. These guidelines will serve as the
basis for administering the District's Employee Residence Program.
H. OCCUPANCY CRITERIA
A. JOB CLASSIFICATIONS. Any regular District employee within a uniformed field
supervisory and uniformed peace officer job classification may participate in the employee
residence program. The District reserves the right to give priority to supervisory
personnel. Eligibility may be extended to other uniformed job classifications if a vacancy
cannot be filled from the previously mentioned classifications. Probationary and
temporary employees are not eligible for the employee residence program.
B. SELECTION PROCESS.
1. District will notify eligible employees of a vacancy or anticipated vacancy at least
sixty days in advance of the expected move-in date. The notice shall include a
description of the residence, the monthly rent, the maximum number of occupants
permitted, required occupancy date, due date for submitting interest statements, and
any other considerations deemed applicable.
2. Interested employees must submit an interest statement to the operations manager on
or before the due date, describing the specific residence of interest, earliest available
move-in date, and the specific housing needs of the employee.
3. Selection of the employee will be made by the operations manager, based on the
following criteria:
a. Overall performance rating of "meets standard"
b. Employee interest
c. Qualifying job classification
d. Seniority within each classification of employee assigned to the duty station
4. Field supervisory employees will be given preference to residences near field offices.
5. Employees will be notified of the selection at least 30 days in advance of move-in
date.
his/her own time, without the benefit of District-provided materials, shall not affect the
rent during the residency of the employee.
C. The rental value of residences with more than two bedrooms will be alternatively available
with a reduced floor plan, prohibitingthe use of certain rooms.
s. The resident will have
the option of selecting one of the two floor plans. The District will have reasonable
access to unused rooms as storage.
e.
V. RELOCATION
A. District reserves the right to relocate any resident or change the status of any residence to
meet operational needs of the District. However, every effort will be made, when such
relocations are solely in the interest of the District, to provide the employee with a 90-day
notice.
i
B. Residents'shall not be entitled to any relocation benefits and/or payments.
C. Occupancy of an employee residence should be considered of a temporary nature.
VI. LANDLORD AND RESIDENT RIGHTS AND RESPONSIBILITIES
The following guidelines are based on the California Civil Code and the California Code of Civil
Procedure. These guidelines are designed to represent a current basic legal guide for the District
and resident employees. Subsequent amendments to state codes will prevail. However, these
guidelines will not t be changed
g each time an amendment occurs.
A. LANDLORD DISCLOSURE. The District is legally obligated to make certain disclosures
to prospective residents:
1. Shared utility arran ements. If there are any situations where a resident might share
gas or electricity use, the District shall inform the prospective resident before he or
she signs the rental agreement.
2. Location
ne
ar former military ba se. If the rental property is within one mile of an
abandoned or closed military base in which ammunition or military explosives were
used the District shall no
tify all y prospective residents in writing.
g
B. DOLLAR LIMITS ON DEPO
SITS. Any payment, fee, deposit, or charge, including last
months rent (but not first month's rent aid b the resident when
e the re
sident esident mo
ves oves in
is, legally, a security deposit.
1. Unfurnished property. The amount of security deposit required by the District shall
not exceed two month's rent.
2. Waterbeds. The security deposit for a waterbed will not exceed half the amount of
the monthly rent.
4
i
3. An incident report form must be generated for all call-outs performed. The incident
report must include the start and ending time of the resident employee.
4. The resident employee shall be logged on-duty with Mountain View Communications
for all call-out activities.
5. Call-out time shall be recorded on the resident employee's time card as hours worked.
Resident employees will record call-outs of 30 minutes or less as a minimum 30-
minute time card entry.
6. Call-out time shall not be used to perform non-emergency repairs or maintenance,
fitness time, self-initiated patrols, or report writing.
7. Compensation for work or services performed as call-outs shall be administered in
accordance with applicable personnel policies and labor agreements.
8. Resident employees shall not be eligible for "on-call" or "call back" pay.
C. SECURITY DEPOSIT. Prior to occupying the premises, resident employee shall pay a
security deposit equal to the sum of the first month's rent plus $100 (one hundred dollars).
D. POSSESSORY INTEREST. Resident employee shall pa all possessory tax when due Y P
. ry
and shall not be entitled to offset the amount of tax against
g t rent. The Distract shall report
the actual rent paid for purposes of computing possessory interest tax.
IV. DETERMINATION OF MONTHLY RENT
A. Monthly rent shall be market value less a 50% discount in recognition of:
1. The
limit
ed
priva
cy experienced
ced by an employee residing on public property,
2. The employee's increased availability, incidental to on-site residency, P
Y c to respond
quickly to emergencies;
3. Performing routine minor maintenance and repairs;
4. The improved site security and safety resulting from the use of a residence as an
employee residence instead of an enterprise rental;se ,
5. Th
e improved neighborhood relations elations result
ing ring from the employee's residency; and
6. The acceptance of all other conditions of the rental agreement.
B. The rental value of each residence shall be determined by the District and may be adjusted
annually, in consideration of changes in the San Francisco-Oakland-San Jose Consumer
Price Index and the local rental market. The District also reserves the right to make
special adjustments in response to improvements made to the residences; however,
District-approved improvements and alterations performed by the resident employee on
3
10. natural lighting in every room through windows or skylights. The windows in each
room must be operable at least halfway for ventilation, unless a fan provides for
ventilation;
11. safe fire or emergency exits;
12. smoke detectors in all dwellings.
G. RESIDENT'S RESPONSIBILITIES. Under state law, residents are obligated to use
rented premises properly and keep them clean. Specifically, residents are required to:
1. Keep the premises as "clean and sanitary as the condition of the premises permits."
2. Properly operate gas, electrical, and plumbing fixtures. Examples of abuse include
overloading an electrical outlet, flushing large foreign objects down the toilet, and
allowing bathroom fixtures to become filthy.
3. Refrain from damaging or defacing the premises or allowing anyone else to do so.
4. Use living and dining rooms, bedrooms and kitchens for their proper respective
purposes. For example, the living and dining rooms should not be regularly used as
makeshift bedrooms.
5. Reimburse the District or repair all damage caused by family, friends, and invited
guests.
H. THE DISTRICT'S RIGHT OF ENTRY. The District may enter rented premises under
the following circumstances:
1. to deal with an emergency;
2. when the resident gives permission;
3. to make needed repairs or assess the need for them; and
4. to show the property to prospective new residents or purchasers.
I. RESIDENT'S RIGHT TO PRIVACY. Except in cases of emergencies, abandonment, and
invitation by the resident, the District shall enter rented units only during normal business
hours, and give the resident at least 24 hours' notice before entering the premises.
J. RAISING THE RENT. The District will notify residents in writing at least 30 days in
advance of any rent increase.
K. TERMINATION OF TENANCY. The District may give a resident a 30-day termination
notice for any reason except for the following:
6
C. INSPECTING THE PROPERTY. Before a resident moves into a unit, an authorized
District representative, along with the prospective resident, will inspect the property for
damage and obvious wear and tear. The parties will complete and sign a property
inspection form.
D. DISCRIMINATION. The District shall treat all prospective residents fairly and
objectively. The District shall not refuse to rent to an employee, or engage in any other
kind of discrimination on the basis of race, religion, creed, political affiliation, color,
national origin, ancestry, sex, sexual orientation, age, familial status, or disability.
1. Occupancy Limits. The maximum space-to-people ratio shall be two persons per
bedroom plus one additional occupant per residence.
2. Animals. The District may refuse to rent to employees with pets, or restrict the type
of pets it accepts. However, the District will not refuse to rent on this basis if the
animal is a properly trained dog for a blind, deaf, or physically disabled person.
E. SUB-TENANTS AND SUBLETS. A sub-tenant is a person who rents all or part of the
property from the resident and does not sign the rental agreement or lease with the
District. Sublets or sub-tenants will not be allowed without the District's written consent.
F. STATE AND LOCAL HOUSING STANDARDS. The District shall provide housing that
meets the following standards:
1. a structure that is weatherproof and waterproof, without holes or cracks through
which rain, wind, or rodents can enter;
2. a plumbing system in good working order, connected to both a local water supply and
sewage system or septic tank. The District is not responsible for low pressure,
contamination, or other failures in the local water supply, except when the District is
the local water supplier.
3. a hot water system capable of producing water of at least 120 degrees Fahrenheit;
4. a heating system that is maintained in good working order and capable of heating the
living space to at least 60 degrees Fahrenheit;
5. an electrical system that is in good working order and without loose or exposed
wiring;
6. floors, stairways, and railings kept in good repair;
7. a system to properly dispose of trash and garbage generated by the resident;
S. a working toilet, wash basin, and bathtub or shower;
9. a kitchen with a sink, which cannot be made of an absorbent material such as wood;
5
O. FIXTURES. If a resident attaches something more or less permanently to the wall, such
as bookshelves bolted or nailed in, it is called a "fixture." In the absence of a rental
agreement provision otherwise, the fixture installed by the resident becomes part of the
premises. A resident who attaches fixtures using bolts, nails, or other fasteners that can't
be removed without leaving unsightly marks or serious damage, such as large holes, is
required to leave the fixtures in place when leaving. Fixtures are the District's property
and do not have to be returned to the resident. The District shall be entitled to use any
portion of the security deposit to remove and repair any damage caused by any fixture not
authorized by the Operations Manager prior to installation.
VII. REQUIRED AGREEMENTS
A. RENTAL AGREEMENTS. A schematic map of central premises is included.
B. PROPERTY INSPECTION FORM.
C. PAYROLL DEDUCTION
C ON AUTHORIZATION
U ORIZAT ION FO
RM.
VIII. EXPENSE ACCOUNTING
A. UTILITIES. Utility costs that are not the responsibility of the resident shall be charged to
Po
. Y g
the Operations Program.
B. MAINTENANCE AND RE
PAIRS. All exp
enses associated with normal maintenance,
and repairs shall be shared equally by the Operations and Acquisition programs.
Improvements and alterations shall be negotiated separately.
8
1. Discrimination. The District shall not evict because of race, religion, creed, political
affiliation, color, national origin, ancestry, sex, sexual orientation, age, familial
status, disability, or other arbitrary discrimination.
2. Retaliatory eviction. The District shall not retaliate against a resident for exercising
any right under the law, such as the resident's right to complain about housing
conditions.
3. If a resident violates a lease or rental agreement clause, the District may serve a
Three-Day Notice To Perform Covenant or Quit, demanding that the resident leave or
correct the violation.
4. The District may serve an unconditional Three-Day Notice To Quit in one of the
following situations:
a. Non-correctable violation. For instance, if there is no way the violation can be
corrected in three days, such as when a resident has sublet to someone else.
b. Nuisance. The resident is causing a nuisance on the premises, repeatedly
annoying neighbors.
c. Extreme damage. The resident has caused or permitted the destruction of
property, such as holes punched in the wall or many broken windows.
d. Illegal Use. The resident is using the property for an illegal use, such as dealing
drugs or operating
atin ale inmate business in violation of local zoning g pe g g omng laws.
L. WHEN A RESIDENT LEAVES. If a resident gives less than 30 days' notice, the
District will still be entitled to payment of rent for the entire 30 days from the time of the
notice. The resident will have the right to stay through the 30 days if he or she wishes.
M. RIGHT TO REFUND OF DEPOSIT. The District shall, within two weeks after the
resident vacates the property, mail the resident a refund of his or her deposit or, if the
deposit is not completely refunded, a written itemization as to how it was applied to back
rent, cost of cleaning, or repairs (except for "ordinary wear and tear").
N. PERSONAL PROPERTY. If, after a resident has left, the District discovers personal
property belonging to the resident other than obvious trash or garbage, the District will
take the following steps:
1. inventory the abandoned property and make a list of everything found;
2. determine if the value of the property is worth more than $300; and
3. send the former resident a Notice of Right to Reclaim Abandoned Property. If the
former resident does not contact the District within 18 days of mailing the Notice of
Right to Reclaim Abandoned Property, the District may keep, sell, give away, use, or
do whatever it wishes with the property. If the property is worth more than $300,
The District will arrange to sell the property at a public auction.
7
B. The biweekly equivalent of the discounted rent is presently $(amount) Resident
authorizes District to deduct the biweekly equivalent of the discounted rent, which is
subject to adjustment as hereinafter provided, from Resident's payroll warrant.
C. On or before July 1 of each year, the District may increase or decrease the amount of
monthly rent payable by Resident to District upon thirty (30) days written notice to
Resident. Resident is not entitled to thirty (30) days notice of termination of the employee
discount when the discount is terminated as a result of the Resident's termination of
employment.
4. Resident's Responsibilities.
A. Maintain residence. The resident employee shall, at his or her expense, maintain existing
landscaping and perform routine and minor household maintenance and repairs. Examples
include: replacing batteries in smoke alarms and replacing bulbs in built-in light fixtures,
clearing clogged plumbing fixture drains, and replacing toilet flapper valves and heater
filters when needed. All other repairs, maintenance, or alterations to the residence require
advance approval of the area superintendent.
B. Fire breaks. The resident employee shall keep the premises free of low-lying brush,
weeds, and similar flammable material. The District shall construct and maintain the
components of the required firebreaks which are normally maintained using tractors or
other heavy equipment. The resident employee shall be responsible for maintaining all
other components of the required firebreaks as a part of maintaining the existing
landscaping. To clear low-lying brush and weeds resident employees may operate District
hand-held brush cutters and push-type power mowers (Yazoo) when off-duty. When using
District tools or equipment, the resident employee must adhere to all safety and operation
procedures as if on-duty, including wearing appropriate personal protective equipment.
Trucks, tractors and heavy equipment will not be used by off-duty resident employees.
C. Resident shall have a working telephone, and provide District with the number. District
shall reimburse Resident for all long distance calls required for District business.
D. Resident and all other occupants shall be helpful and courteous in all off-duty contacts with
visitors neighbors, agents,tenants lessees officials and employees to ees of the District.
5. Emergency Services.
A. Resident shall be available for call out duty at odd or irregular hours in the case of fires,
accidents, natural disasters, or other emergencies.
B. Resident shall provide, upon request, support for the activities of other public agencies in
emergencies such as lost persons, rescues, and evacuations. Such support should have
prior approval from the immediate supervisor.
2
M
EMPLOYEE RESIDENTIAL RENTAL AGREEMENT
This Agreement, entered into on (Date), between Midpeninsula Regional Open Space District, a
public district ("District"), and current employee (Name), ("Resident").
RECITALS
A. District is the owner of that certain real property consisting of (description of structure(s)),
located at (address), County of (county), State of California, as more particularly outlined in
red on the attached Exhibit "A" and referred to as the "premises," together with the appliances
and other personal property currently on the premises, which are listed in the attached Exhibit
"B" and referred to as the "personal property."
B. District desires to rent to Resident, and Resident voluntarily accepts, the premises depicted in
Exhibit "A."
In consideration of the following mutual covenants and conditions, the parties agree as follows:
1. Rental of Premises. District hereby rents the premises to Resident, and Resident hereby hires
the premises from District, for the term, at the rental, and upon the other covenants and
conditions specified in this Agreement. Resident shall also be entitled to use the personal
property during the term of this Agreement, subject to the provisions below.
2. Term.
A. The term of this Agreement shall begin on (date) and shall continue thereafter on a month-
to-month basis until (a) thirty (30) days after delivery by either party to the other of written
notice of a desire to terminate this Agreement, or (b) termination according to the
provisions of this Agreement.
B. In the event of an injury or illness in which the resident employee is unavailable to perform
his/her regular duties, the Resident may continue to occupy the premises for at least six
months. Market rent will be charged starting 90 days after the Resident is unavailable for
his or her regular duties. Resident will be subject to all conditions in this agreement except
those specified in paragraph 5 - Emergency Services.
C. The District may terminate occupancy upon 30 days written notice if the Resident or
District terminates the Resident's employment. Such Resident will not occupy the premises
for more than 30 days beyond termination of employment with the District. When
it e charged market rent as of
for an reason the Resident will b g
employment is terminated y ,
the date of termination.
3. Rent.
A. District agrees to rent the premises to Resident on the terms and conditions below and in
consideration of the market rent of $ amount , which is subject to adjustment as provided
below. District employment entitles Resident to a discount of fifty percent (50%) for an
initial rent of $ (amount)
E. Resident shall not use the premises or permit anything to be done in or about the premises
that will in any way conflict with any law, statute, ordinance, code, rule, or regulation of
lawful governmental authority, including but not limited to District's "Regulations for Use
of Midpeninsula Regional Open Space District Lands," and any amendments thereto, which
may now be in force or which may hereafter be declared, and Resident shall at all times
during the term of this Agreement comply with each of the same.
9. Pets. No pets or other animals shall be permitted in or on the premises without the prior
written consent of the Operations Manager, which consent may be withdrawn if such animal
causes complaints, endangers preserve visitors, creates nuisance, or causes damage in the
reasonable opinion of Operations Manager. Such animals shall be Resident's pet(s) only, and
shall not be used for economic gain. All ordinances pertaining to pets within the preserve shall
apply to Resident's pet(s). Pets shall not be construed as being at the premises for the
benefit of District. As of the signing of this agreement, Resident has the following pet(s),
which are approved (fill in) .
10. Utilities. Resident shall pay directly to the charging authority, on or before the date due, all
charges for any and all services and utilities supplied to the premises. Resident hereby
acknowledges the following special conditions: (fill in)
Date: Resident:
(name typed)
I
11. Maintenance and Repair.
A. Before resident takes possession of the premises, Resident and District shall together walk
through the premises and write a list of any and all defective items, including appliances
and utilities. Except for the special conditions, if any, referred to in Paragraph 10 above,
District shall, within a reasonable period of time after completion of said list, repair listed
defective items at District's sole cost. Except for any such defective items, Resident shall,
by taking possession of the premises, be deemed to have acknowledged that the premises,
as of the date of taking such possession, are in good, clean, and safe condition.
B. Subject to the provisions below, Resident shall, at Resident's expense, maintain the entire
premises, and the personal property, the lawn, shrubs, and other landscaping surrounding
the premises in good, safe, and sanitary condition, order, and repair. District shall at all
times during the term of this Agreement maintain a fire break surrounding the perimeter of
the structures comprising the premises. Resident shall keep the premises free of a low-
lying brush, dry weeds, and similar flammable materials. Resident shall maintain this area
in compliance with District standards. Except as set forth in Paragraph 11(A), District
shall have no duty whatsoever to maintain or repair all or any portion of the premises, or
the personal property, or any personal belongings or improvements of Resident.
12. Insurance. Resident, at Resident's sole expense, shall obtain and keep in force during the term
of this Agreement a general liability insurance policy with an insurance company satisfactory to
District. Such insurance shall protect District and Resident against any and all liability arising
from Resident's use of the premises, or from any occurrence, in, on, about, or related to the
4
C. Resident shall protect and repair District facilities such as water and gas lines, fixtures in
restrooms, pumps, electrical systems, and roadways, that require emergency repair.
6. Security Deposit. Resident has deposited with District a sum equal to the first month's rent
plus $100 (the "deposit") as security deposit. District shall be entitled to use the deposit or any
portion of it to remedy any default in payment of rent by resident, to clean the premises upon
termination of this agreement, and to repair any damage to the premises resulting from
resident's occupancy of the premises. District shall return to resident within two weeks of
termination of this agreement or resident's vacating of the premises, the entire amount of the
deposit, without interest, less only such sums as District is entitled to apply against unpaid rent,
cleaning the premises, and/or repairing any damage. District shall not be required to keep the
deposit separate from its general funds. Resident may not apply the deposit to rent due under
this Agreement without District's prior consent.
I
7. Taxes.
A. Resident acknowledges that Resident's interest in the premises under this Agreement may
now or hereafter be subject to a possessory interest tax imposed by the county in which the
premises are situated or by other lawful governmental authority. Resident shall pay any
such possessory tax when due, and shall not be entitled to offset the amount of such tax
against rent payable under this Agreement.
B. Resident shall be solely responsible and shall indemnify and hold District harmless for all
state and federal taxes and penalties that may result by reason of Resident's use of the
premises.
8. Use.
A. Resident understands that it is District's intention to preserve the open space character of
the land upon which the premises are located, and Resident agrees to use the premises in a
manner which is consistent with such intent. The premises may be used as a personal
residence for the following named individuals only: (names) , and for no other purpose
without District's prior consent. Occupancy by guests staying more than fourteen (14) days
without the prior written consent of District shall be considered a breach of the provisions
regarding assignment and subletting set forth in Paragraph 17 below.
B. Resident shall not do, or permit anything to be done, in or about the premises nor bring
nor keep anything therein that will in any way cause a cancellation of any insurance policy
covering the premises in whole or in part, or its contents.
C. Resident shall not commit, or allow to be committed, any nuisance or waste in or upon the
premises, and shall not permit trash or garbage of any kind to accumulate on or about the
premises.
n specifically agrees not to cause or permit an cutting of live trees grading of soil
D. Resident sp y g pe y g , g g ,
or hunting of animals on the premises.
3
19. Right of f Entrv, District may enter the premises in case of emergency. District may enter the
premises at reasonable times to make necessary repairs, to show the premises to prospective
tenants and/or to supply services. Twenty-four (24) hours prior notice of such entry shall be
presumed to be reasonable notice in absence of evidence to the contrary. District shall have
unrestricted access to District vehicles and tools stored on the premises.
20. Default by Resident.
A. The occurrence of any of the following shall constitute a material default and breach of the
Agreement by Resident:
1. The abandonment of the premises by Resident; or
2. A failure by Resident to observe and perform any provision of this Agreement to be
observed or performed by Resident.
B. If Resident defaults, in addition to any other remedies available hereunder to District, this
Agreement and all rights of Resident hereunder shall be terminated when District delivers
notice of termination to Resident. Upon termination, District may recover from Resident
all amounts necessary to compensate District for all the detriment caused by Resident's
failure to perform Resident's obligations under this Agreement, or which in the ordinary
course of thingswould
be likely to res
ult th
erefrom.rn.
C. In addition to the remedies provided above, if Resident fails to perform any obligation
under this Agreement, or fails to pay any sum required to be paid by Resident under this
Agreement, District may, but shall not be obligated to do so, perform or pay the same or
cause the same to be performed or paid. In this case Resident shall r p omptly reimburse
District for all costs reasona
bly incurred, plus interest on such sums at the rate of ten
percent (10%) per annum from the date incurred by District until repaid in full by
Resident.
21. Termination of Tenancy. The District may give a resident a 30-day termination notice for any
reason except for the following:
A. The District shall not evict because of race, religion, creed, political affiliation, color,
national origin, ancestry, sex, sexual orientation, age, familial status, disability, or other
arbitrary discrimination.
B. The District shall not retaliate against a resident for exercising any right under the law,
such as the resident's right to complain about housing conditions.
C. If a resident violates a rental agreement clause, the District may serve a Three-Day Notice
to Perform Covenant or Quit, demanding that the resident leave or correct the violation.
D. The District may serve an unconditional Three-Day Notice to Quit in one of the following
situations: non-correctable violation, nuisance, extreme damage, and illegal use.
6
premises, with a single combined property damage and personal injury limit of$300,000. All
such public liability insurance shall insure performance by Resident of the indemnification
obligations of Resident set forth in Paragraph 16, and the policy shall contain a cross-liability
endorsement. Resident agrees to furnish a certificate of such insurance to District, naming
District as an additional insured, on or before the date of commencement of the rental term,
and again upon any renewal or modification of such insurance. No such policy of insurance
shall be cancelable or subject to reduction of coverage or other modification except after thirty
(30) days prior written notice to District. The limits of said insurance shall in no event be
deemed to limit the liability of Resident hereunder.
13. Alterations. Resident shall not make or allow to be made any alterations, additions, or
improvements to or on the premises or any part thereof, without the prior written consent of
District. All such alterations, additions, and improvements shall become and remain the
property of District immediately upon installation or construction on the premises unless
Resident and District shall otherwise agree in writing. Resident may, however, at his or her
own expense paint and otherwise enhance the condition of the premises.
14. Liens. Resident shall keep the premises free from any liens arising out of any work
performed, materials furnished, or obligations incurred by Resident.
15. Waiver of Claims. District shall not be liable to Resident, and Resident hereby waives any
claims against District for any damage to property or injury, or death to any person in, on, or
about the premises by or from any cause whatsoever. Nothing in this agreement shall be
construed as a waiver of rights under workers' compensation.
16. Indemnification. Resident hereby holds District harmless from and shall defend District from
and against any and all claims of liability for damage to property, or injury or death to any
person when such damage, injury or death shall be caused in part or in whole by the use of the
premises by Resident or Resident's guests or contractors, or from the Resident's failure to keep
the premises in good condition and repair, or from the Resident's breach of any other provision
of this Agreement.
17. Assi nment and Subletting. Resident shall not assign this Agreement or sublet the remises or
g g g g P �
any interest therein without the prior written consent of District, which consent may be
withheld for any reason.
18. Damage or Destruction. If the premises are damaged or destroyed in part or whole, then
District shall be entitled to elect, by written notice to Resident, as soon as reasonably possible
after Resident notifies District of said damage, either (a) to repair the same and restore the
premises to substantially the same condition as existed immediately prior to such damage, or
(b) to terminate this Agreement, after which neither party shall have any further liability or
obligation to the other under this Agreement, except for liabilities or obligations that accrued
before such election to terminate. If the District elects to repair or restore the premises
according to this Paragraph 18, Resident shall not be entitled to any damages or other
compensation from District for any loss of quiet enjoyment or for any other reason arising
from District's repair or restoration activities. District shall in no event be required to repair
or replace any personal property installed or maintained by Resident in or about the premises,
and Resident hereby releases District from any responsibility for Resident's personal property,
furnishings or household goods.
5
B. If any term, covenant, condition, or provision of this Agreement is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remainder of these
provisions shall remain in full force and effect and shall in no way be affected, impaired,
or invalidated.
C. The paragraph headings of this Agreement are for convenience only and are not a part of
this Agreement and do not in any way limit or amplify the terms and provisions of this
Agreement.
D. This Agreement shall be governed and construed in accordance with the laws of the State
of California.
E. Time is of the essence as to each and all of the provisions of this Agreement with respect
to which time of performance is a factor.
In witness to this Dis
trict and Re
sident have exe
cuted this Agreement the day and year first above
written.
"DISTRICT" "RESIDENT"
M IlrEh1INSULA REGIONAL OPEN SPACE
DISTRICT, a Public District
By By
General Manager (Name Typed)
Date Date
i
i
EXHIBIT A
"OUTLINE OF PREMISES" is attached.
i
8
22. Surrender: No Relocation Rights. On or before the termination of the occupancy rights
provided under this agreement, Resident shall surrender and vacate the premises and remove all
persons and personal property from the premises. Resident shall leave the premises in the
condition that existed at the beginning of the term of this Agreement, subject only to reasonable
wear and tear and damage due to causes beyond the reasonable control of Resident. Resident,
on behalf of self, and his or her immediate family, hereby specifically waives any rights to,
and releases District from any and all claims for, relocation benefits and/or relocation payments
to which Resident and those claiming through Resident might otherwise be entitled pursuant to
California Government Code Section 7260 et seq., and any similar or successor statutes.
Resident shall hold District harmless from and indemnify District against any and all liability,
cost, and expense suffered or incurred by District and arising in connection with any such right
or claim. By this signature below, Resident specifically recognizes and accepts the terms of
Paragraph 22 of this Employee Residential Rental Agreement.
Date: Resident:
(name typed)
23. Notices. All notices, demands, requests, or consents (collectively "notices") given hereunder
by either party to the other, shall be made in writing and shall be delivered personally or by
first class mail, postage prepaid, and addressed to the parties as follows:
District: Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022
Attention: Operations Manager
(415) 691-1200
Tenant: (Name)
(Address)
(Phone)
Notices given by mail in accordance with the requirements set forth above shall be deemed to
have been delivered five (5) days after the posted date of mailing.
24. Waiver. Waiver b District of an breach ofterm,an covenant or condition herein
Y Y Y
contained shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant, or condition herein contained.
25. Attorneys' Fees. In an action to enforce this Agreement, the prevailing party shall be entitled
to recover reasonable attorneys' fees as fixed by the court having jurisdiction.
26. General.
A. This Agreement contains all of the terms, covenants, and conditions agreed to by District
and Resident and supersedes any and all agreements previously made between Resident and
District. This Agreement may not be modified orally or in any manner other than in
writing and signed by both of the parties to this Agreement or their respective successors in
interest.
7
Condition on Arrival Condition o n)e arture Re air/Re lace Cost
Bedroom(s) Bed 1 Bed 2 Bed 3 Bed 1 Bed 2 Bed 3
floor&floor cove-rings
windows, screens, &doors
walls&ceilings
light fixtures
smoke detectors
other
other
Other Areas
furnace/heater
air conditionin
lawn/ground covermi
garden
patio, terrace, deck, etc.
other
other
Use this space for any additional information:
❑ Resident acknowledges that all smoke detectors were tested in his or her presence and found to be in
working order, and that the testing procedure was explained to resident. Resident agrees to test all
detectors at least once a month and to report any problems to the area superintendent in writing.
Resident agrees to replace all smoke detector batteries as necessary.
Employee Residence Checklist completed when moving in on
19 , and
approved by: and
Area Superintendent Resident
i
I
Employee Residence Checklist completed when moving out on 19
, and
approved by: and
Area Superintendent Resident
EMPLOYEE RESIDENCE CHECKLIST--General Condition of Premises
Residence Location:
Condition on Arrival Condition on De artuce Re airfRe lace Cost
Living Room
floors&floor coverings
drapes&window coverings
walls&ceilings
light fixtures
windows, screens, &doors
front door&locks
smoke detector
fireplace
wood stove
other
other
Kitchen
floors& floor coverings
walls&ceilings
light fixtures
cabinets
counters
stove/oven
refrigerator
dishwasher
garbage disposal
sink&plumbing
smoke detector
other
other
Dining Room
floors& floor coverings
walls&ceiling
light fixtures
windows, screens, &doors
smoke detector
other
other
Bathroom(s) Bath 1 Bath 2 Bath 1 Bath 2
floors and floor coverings
walls&ceilings
windows, screens, &doors
light fixtures
bathtub/shower
sink&counters
toilet
other
other
Effective Date:
I authorize Midpeninsula Regional Open Space District ("District") to deduct
$ from my biweekly paycheck for the monthly rental of the employee
residence I will occupy.
I acknowledge that the monthly rental and corresponding biweekly payroll deduction
will be adjusted annually as provided in my rental agreement. I further authorize the
District to deduct from my paycheck such rent as adjusted.
Date: Signature:
Name (print):
Residence Address:
i
it
Open Space
R-94-39
Meeting 94-10 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
March 23, 1994
AGENDA ITEM
Revision of District's Rules of Procedure to Incorporate Brown Act Changes
GENERAL MANAGER'S RECOMMENDATION �� —�
Adopt the attached resolution amending the District's Rules of Procedure.
DISCUSSION
Legislation becomes effective on April 1, 1994 that makes a number of substantive changes
to California's Ralph M. Brown Act that applies to all local public agencies. The Brown Act
establishes a general rule of open and public meetings when the legislative body of a local
agency considers an act (deliberates) or takes action.
The three pieces of 1993 legislation signed by Governor Wilson, SB 36 (Kopp), AB 1426
(Burton), and SB 1140 (Calderon) that create the "new" Brown Act comprise an array of
altered and new rules on when the Act applies, who it affects, what it requires, and what can
be done to enforce it.
Copies of the Brown Act shall be made available to all board members, and mini-
workshops/study sessions are being planned to brief the Board thoroughly on the changes in
the Brown Act at a future meeting.
The District's Rules of Procedure have been amended to reflect some of the more salient
changes that have been made in the Brown Act. Shading indicates wording to be deleted.
New wording is shown in italics.
Two changes are proposed in the Rules of Procedure that do not directly relate to the Brown
Act. The first adjusts the return date for annual disclosure statements to correspond with the
designated Fair Political Practices Commission return date (section 2.15) and the second
deletes the title of Acting General Manager and Assistant General Manager (sections 2.40
and 2.50)
Prepared by:
Stanley R. Norton, Legal Counsel
Diane Blackman, Research Attorney
Jean H. Fiddes, District Clerk
Contact person:
L. Craig Britton, General Manager
Jean H. Fiddes, District Clerk
330 Distel Circle • Los Altos, California 94022-1404 Phone: 415-691-1200 FAX: 415-691-0485
Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw;Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit
i
EXHIBIT A
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Rules of Procedure'
Section
1.10 Regular Meetings.' Regular meetings of the Board of Directors of the Midpeninsula
Regional Open Space District shall be held on the second and fourth Wednesday of each
month at the hour of 7:30 P.M. Meetings shall be held at such place or places within the
District as shall be determined by the Board of Directors. A majority of the members of the
Board may cancel a meeting for cause or call the regular meeting for a different date or
time. '� :..:,.:.?.?;:•...::• yx g:.•r,:•;s:.�:e.::necec, �;o-.?o- ?�.v^cy,Kc��;c. ;x?m,.?zu??< ;,a?tt,???_�,+?t, ??:v,?,?•?i.,• �rt,+t;�n{.?irr..t r .{.:
vt:.x...t?,d':ii •::::;:,';,?•?$:Y:, ... .r.,ri,:.}a r .tFT)- : .v.?ri?�..} n..?•.�.: >iu.'•, .
..:hi:;:ii;TiiYR'lr::i::.(;:;?•i:^:} f i 1..;f..l.fy?,F:.ivvr .x :
rrr r: At least 72 hours before a regular meeting, the
agenda for the regular meeting containing the time and location for the meeting and a brief
description of each item of business to be transacted or discussed at the meeting, including
items to be discussed in closed session, shall be posted in a location that is freely accessible
to members of the public. If a regularly scheduled meeting occurs on the evening preceding
Thanksgiving or Christmas Eve or on a holiday, the regular meeting shall be rescheduled or
canceled.
1.12 i 1 Meetings. Special meetings may be called at an time b the President or at the
l� t Y Y Y
request of a majority of the members of the Board. Except in the case of an "emergency
situation" as defined,' written notice of such meeting shall be posted in a location that is
freely accessible to members of the public and delivered personally or by mail to each
member of the Board and to each local newspaper of general circulation at least 24 hours
before the time specified for the � meeting in the notice, provided that, unless
otherwise provided by law, the failure to give or receive notice shall not affect the validity of
an action taken at the meeting. The notice shall specify the time and lace of the special
Y g P� fY P
meeting and the business to be transacted, which shall be determined by the Board or by the
General Manager in consultation with the President. No other business shall be considered at
the meeting.
The agenda or a special meeting at which action is proposed to be taken on an item shall
8 .f P 8 P P
rovide an opportunity or members o the public to direct address the Board concernin
P PP h'f f P �' 8
i
that item prior to action in the item.
m Rules of Procedure required by Public Resources Code, Division 5, Chapter 3,
Article 3, section 5536.
t2l Public Resources Code section 5535.
P) Government Code section 54956.5.
i
2
1.14 Meetings to be Public.' All meetings of the Board of Directors shall as provided by law be
open and public and shall be conducted in accordance with the Ralph M. Brown Act of the
State of Califonua. e
01. 119
a W- gggii..w-iip,*,,-, a
0 -0,
i*: i$
M,
b,
Me-`.1-=-r............K�'. , "'•," I
W0 .. .......
40
R� .........411-1-11
1.16 Quorum.` At any meeting of the Board a majority of the Directors shall constitute a quorum
for the transaction of business. When there is no quorum the President, or Vice President,
or District Clerk or any other member of the Board of Directors, shall adjourn such meeting.
1.18 Smoking. It shall be unlawful for any person to smoke at any time at the meetings of the
Board of Directors.
1.20 Legislative B-Qdy! The Board of Directors is the legislative body of the District and shall,
determine all questions of policy.
1.22 Board of Directors; Election of Officers! At the first regular meeting in January of each
year, the Board of Directors shall choose one of its members President, and another Vice-
President, who shall act for the President in his/her absence or disability. The Board shall
choose one of its members to serve as Board Treasurer and another to serve as Secretary.
Each officer shall be voted on separately. Elections shall be by signed ballot and counted by
the District Clerk. The candidate receiving a majority of the vote of the members of the
Board shall be elected. After the election, the ballots shall be available for public inspection.
1.24 Duties of the Presiding Officer.' The President, or in his/her absence, the Vice-President,
shall be the presiding officer of the Board and shall assume his/her place and duties as such
immediately following his/her election. The presiding officer shall preserve order at all
[41 Public Resources Code section 5535.
151 See Government Code Section 54950 et seq., the Ralph M. Brown Act.
[61 Public Resources Code section 5535.
rn Public Resources Code section 5537
181 Public Resources Code section 5535
191 Public Resources Code section 5548
3
meetings of the Board, announce its decisions on all subjects, and decide all questions of
order, subject to an appeal to the Board. S/he shall participate in debate, make motions, and
vote on all questions as other members of the Board.
The President shall sign all ordinances, resolutions, contracts and conveyances on behalf of
the District after they have been approved by the Board, shall sign financial instruments as
appropriate, and s/he shall perform such other duties as may be imposed upon him/her by the
Board.
In the absence of the President, or in the event of his/her inability to act, the Vice-President
shall perform all the powers and duties of the President. If both the President and Vice-
President are absent or unable to act, the Board may select a president pro tempore who shall
perform all the powers and duties of the President.
1.26 Rules of Procedure. Roberts Rules of Order shall be followed as interpreted by the presiding
officer, subject to an appeal to the Board.
1.27 Board Treasurer. The Treasurer shall be a member of the Budget Committee and shall sign
financial instruments as appropriate.
1.28 Board Secretarv.10 Unless otherwise directed by the Board, the Board Secretary shall
countersign all ordinances and resolutions and the District Clerk shall countersign all
contracts and conveyances approved by the Board. In the absence of the Secretary, or in the
event of his/her inability to act, the Board may select a secretary pro tempore who shall
perform all the duties of the Secretary.
1.30 Agenda. All reports, ordinances, resolutions and other matters intended to be considered by
the Board at its regular meeting shall be delivered to the District Clerk no later than 5:00
P.M. on the preceding Wednesday for material requiring typing or other preparation, and not
later than 5:00 P.M. on the preceding Thursday for material requiring reproduction only.
Any Board member or Board appointed staff member may place a matter on the agenda for
Board consideration. The District Clerk shall prepare the agenda according to the order of
business as determined by the General Manager. A copy of the agenda and of all available
supporting materials shall be mailed by 5:00 P.M. on the Friday preceding each regular
Board meeting or delivered by 7:00 P.M. on the Saturday preceding each regular Board
meeting. Supplementary materials may be received by the District Clerk after that time,
provided the matter refers to an already agendized item.
Agendas will be available with no charge upon request to public officials, newspapers in the
District, and members of the public at the District office by 9:00 A.M. on the Monday
preceding the regular meeting. Agendas will be posted in a
location that is freely accessible to members of the public at least 72 hours before a regular
meeting or at least 24 hours before a special meeting.
1101 Public Resources Code sections 5551 and 5552
4
Supporting materials (reports, memoranda, resolutions, nonconfidential written
communications to the Board, and other informational materials not previously published or
distributed) may be obtained upon request by public agencies, newspapers in the District, and
members of the public at the District office by 9:00 A.M. on the Monday preceding the
regular meeting, and 24 hours before a special meeting.
Written materials distributed during a public meeting by any person in connection with a
matter subject to discussion or consideration shall be made available for inspection at the
meeting if prepared by District stag)`'or a member of the Board, or immediately after the
meeting if prepared by some other person.
Absent extraordinary circumstances, communications to the Board from members of the
public shall be deemed nonconfidential. A memorandum from the General Manager
explaining the justification for this decision "not to distribute materials to members of the
public" shall accompany the written communications when sent to the Board. There will be
no charge for the materials if available; otherwise the cost of reproduction will be charged.
•v,.}:.}�.}}y{{}::{x::-}:•}:�+:^'}t•Y{r'F{{' r�:f{x :;{i.;{+:r�:rri'}}:r :;%?•x`F.?{-}h.::.:T}},}}; }Y.. :iyi+•.+{�M.?R', J{i4 ii+fii?i:+{,{{{{R ',,',,,.No action or
''1;:.; .:'fi.:{x:i-}'i5+4:i'^iv:J:i.::•}}'O'iiif^ .• .:..,:' :iKL-•:Y+' :i}:::+y:v'.?i•}ri+{.i+:}'}{ ...f:+:^:ii:+'. +• •�}
..t..isV'?;t...........:..:....:.............,.....::..;}:;:;,.;;y..;::.,..v:te•:...Y•.v...vi....k+...,..... ........,.......... ..c.:..........:+1: t4r}.+t......+:+...../�f}{r+},{.,+...}F..:?��,?f..
discussion shall be undertaken on any item not appearing on the posted agenda by the Board,
provided that matters deemed to be of an urgent nature by a two-thirds vote of the
Board, (or, if less than two-thirds of the Board members are present, a unanimous vote of
those members present) with an explanation stated as to the urgency, may be acted upon."
1.32 Subscription to Meeting Materials. Members of the public may subscribe on an annual basis
to receive agendas, or agendas and minutes,or agendas, minutes, and supporting materials as
defined in Section 1.30. Subscription fees will be waived for members of the press, Board
members-elect, Board candidates, and former Board members for a period of six months
following their leaving office. Charges for public subscriptions will be adopted by the Board
from time to time.
1.40 Order of Business. The order of business shall be determined b the General Manager for
Y g
the purpose of preparing meeting agendas, using the following format unless in the General
Manager's opinion a different order would be more appropriate:
1. Roll Call
2. Pledge of Allegiance (see Section 1.42)
3. Oral Communications
4. Special Orders of the Day
5. Adoption of Agenda
6. Adoption of Consent Calendar
7. Approval of Minutes (Consent Item)
8. Written Communications (Consent Item)
9. Unfinished Business
10. Public Hearings
n1j See also Government Code section 54954.2
5
11. Board Business
12. Informational Reports - Directors and Staff
13. Revised Claims (Consent Item)
14. Closed Session
15. Adjournment
The order of business as set forth in the meeting agenda shall not be departed from except by
consent of the majority of the Board.
1.41 Roll Call. Before proceeding with the business of the Board, the District Clerk or minute
taker shall call the roll of the Board of Directors, and the names of those present shall be
entered in the minutes.
i
1.42 Pledge of Allegiance. The Pledge of Allegiance shall be recited at the first regular meeting
of July, and a special presentation shall be made at that time.
.. :ri?F•%:i.?.iiii%'ifi:;{'•:i•:ii4'•i:}.:ii:"•}f:v:}i'v'i•":�:.. '.'hl•-.'Xi "' •" \+::�1u'v'i{;':'v.+'�A. .fit...v'v:vi'{
1.43 Oral Communications - Public. as :: . . :Oki +
{..+ v W'•:}}•:{{}f'4 {{{.hx •.. 9h+• }{v +{ ,%:S { fiF
the public may address the Board under
the cafe o Oral Communications durin X?{? meetings on an matter concerning the
g Y g
affairs of the District. • • �•`" `�+ ?
��esses::::�':� ::::fd ."d : .:.-::t1�€e�.....: ; d{ �_:•�: . .�
•L'}::}:: S:z}} •iilii: :?:}: .. »a..-. :v+%•:C•:: ;.y;,y: :,,,y } SSyt��'Pn;:,,#{'<k::i?}:ttkC��.,1��L'�'{?-. d$$:sk"'�'� •"�•'s .{:'d���:6?+:.,'�•�•i
:%. A:i:{i}:::$:::ii: •ii:>yi:^:•}:••.i:{::$}*ii} :{xrr i;}:iii:.?.v.............n X..... ..%.?i::F}}:}:yi
residing member of the Board
may limit presentations of speakers under this section to three minutes. If the Oral
communications category exceeds fifteen minutes, the President, with the approval of the
Board, may delay additional oral communications to a designated time later in the meeting.
Absent extraordinary circumstances, the Board will not discuss oral communication items
unless the communication relates to an item appearing on the agenda for that meeting. The
Board may briefly respond, ask questions for clarification, provide information resource
references, request staff to report back at a future meeting, or place the item on the agenda
of a future meeting.
A member of the public may request under oral communications that an item be removed
from the consent calendar.
1.44 Special Orders of the Day. Any Board member or Board appointed staff member may
schedule special presentations, introductions or other activities deemed appropriate to this
category, which shall be placed on the agenda by the District Clerk.
1.45 Adoption of Agenda. The Board shall determine the order of business to be considered at
regular meetings, including placement of items removed from the consent calendar, and shall
adopt the agenda, with additions or deletions. Items may be added to the agenda at this time
provided that any action be taken pursuant to Section 1.30.
1.46 Adoption of Consent Calendar. The following items shall normally be included on the
consent calendar: 1) approval of minutes; 2) written communications; 3) agenda items that
6
the General Manager deems do not require Board discussion; and 4) revised claims. All
items on the consent calendar shall be approved by one motion unless a request is made by a
Board member to remove an item from the consent calendar for separate discussion. A
member of the public may request under oral communications that the Board remove an item
from the consent calendar for separate discussion.
1.47 Approval of Minutes (Consent Item). Unless removed from the consent calendar by a
member of the Board or the public, the minutes of the previous Board meeting(s) shall be
approved without reading during the adoption of the consent calendar, provided that the
District Clerk has previously furnished each member of the Board with a copy.
1.48 Written Communications (Consent Item). The District Clerk is authorized to receive and
open all mail addressed to the Board of Directors from members of the public. Any such
written communication addressed to the Board shall be reproduced and distributed in the next
regular mailing to the Board members and to members of the press who have requested
supporting materials (see Section 1.30).
All written communications, unless they relate to an item on the agenda, must be received no
later than 5:00 P.M. on the Tuesday the week preceding a Board meeting in order to be
distributed with the agenda and supporting materials and considered by the Board at the
forthcoming meeting. If, in the opinion of the General Manager, a written communication
should not be distributed with the agenda and supporting materials without a draft response,
which has yet to be prepared, the written communication may be distributed later, but no
later than at the forthcoming Board meeting. Written communications not directly related to
an item on the agenda received after the 5:00 P.M. Tuesday deadline may be distributed with
the agenda and supporting materials and considered by the Board at the forthcoming meeting
if, in the opinion of the General Manager, time is of the essence for consideration of the
written communication by the Board. Written communications directly related to an item on
the agenda will be accepted for distribution up to 3:00 P.M. on the day of the meeting.
Written communications directly related to an item on the agenda but received after 3:00
P.M. on the day of a meeting must be accompanied by thirty copies for distribution in order
to be considered by the Board as written communications at the meeting.
Draft replies to written communications which have not been considered b the Board may
eP Y Y
be submitted with the written communication, provided such draft replies are labeled as
follows: "Draft Response Prepared f" m po gip by Staff". ember of the Board may request that
such written communication be placed on the agenda as an emergency item in accordance
with Section 1.30 for consideration by the Board.
The Board shall consider the recommendation of the General Manager and determine whether
a written communication shall be placed on the agenda in accordance with the procedures of
Section 1.30, considered in connection with an item already on the agenda, and/or referred to
a committee, a Director or staff for simple acknowledgement, response or draft response or
shall determine that a adequate response has been made.
7
A written communication addressed to an individual Director may, at the discretion of the
individual Director, be considered a personal letter, a written communication or may be
relayed to the members of the Board as a informational item.
Members of the public may read written communications into the District's records I�
during oral communications at a regular meeting and offer explanations of any such
document. The presiding member of the Board may limit presentations of the speakers,
including the reading of a written communication, to three minutes. Written communications
received at a regular Board meeting shall be reproduced and distributed to absent Board
members and to members of the press who have requested supporting materials no later than
the next regular mailing to the Board. Written communications which are distributed to the
Board at a time other than a regular mailing shall be distributed to members of the press who
have requested supporting materials within two working days of when they are sent to the
Board. Written communications accompanied by an extraordinary quantity of attachments
may, at the discretion of the General Manager, be duplicated and distributed with some or all
the attachments excluded. The General Manager shall note on the written communication or
in an accompanying memorandum that the entire written communication, including
attachments, is available at the District office for public review. The General Manager shall
determine the most appropriate method for presenting the attachments to the Board of
Directors. Copies of the excluded attachments will be made available on the same basis as
any other public record.
Unless removed from the consent calendar by a member of the Board, draft responses to
written communications shall be approved under adoption of the consent calendar.
1.49 Unfinished Business. When a regular meeting is adjourned before the completion of the
agenda, all unfinished items shall be listed under Unfinished Business on the next regular
Board meeting agenda, at the discretion of the General Manager or unless otherwise
designated by a majority of the Board.
1.50 Public Hearings. Any matter which, in the opinion of the Board of Directors, President, or
General Manager requires notice to and response by members of the public may be placed on
the agenda under this category.
1.51 Board Business. These are business items being presented to the Board for consideration that
do not fall under the category of Unfinished Business (see Section 1.49). Action in the form
of an ordinance, resolution, motion or direction to staff may be required for items in this
category.
1.52 Informational Reports - Directors and Staff. Informational, short reports by Directors and
staff members on items of interest to the District may be given under this category. No
action is expected but could occur at a Regular Meeting with a vote as required by Section
1.30.
8
1.53 Revised Claims (Consent CalendW,12 No claims against the District shall be paid unless
the same shall be first approved by a majority of the Board at a meeting thereof. Payment of
employees' salaries and fringe benefits and other recurring claims may be authorized by the
Board on an annual basis.
1.54 Closed Sessions. The Board may hold closed sessions from which the public may be
excluded for the consideration of the following subjects.
1, appointment, employment, evaluation of performance, or dismissal of an employee or
to hear complaints or charges brought against an employee
2. labor negotiation matters
3. proposed or pending litigation
4. real properly transactions
5. matters embraced within the attorney-client privilege.
6. any other matters exempted by law13
Items to be discussed in closed session shall be listed on the agenda for a regular or special
meeting. A closed session item not listed on the agenda may be added to the agenda
provided that any action taken be pursuant to Section 1.30.
Prior to holding any closed session, the Board must disclose, in an open meeting, the item or
items to be discussed in the closed session. The disclosure may take the form of a reference j
to the item or items as they are listed by number or letter on the agenda. The Board may
consider only those matters covered in its statement during the closed session.
After any closed session, the Board shall reconvene into open session prior to adjournment
and shall publicly report any action taken in closed session and the vote or abstention of
every Board member present. These reports may be made orally or in writing.
Copies of any contracts, settlement agreements, or other documents that were finally
g � ly
approved or adopted in a closed session shall be made available to any persons requesting
such documentation. The requested documentation will be available at the end of the closed
session in which the final action was taken unless substantive amendments require retyping,
in ,
in which case the documents will be available when the retyping is complete.
1.60 Minutes. Minutes of Board meetings shall be kept by the District Clerk. The District Clerk
or his/her designee shall make a record together with sense minutes of such business as was
actually passed upon by a vote of the Directors. A record shall be made of the names and
addresses of persons addressing the Board, the subject matter to which their remarks related
and whether they spoke in support or in opposition to such matter. The District Clerk shall
be responsible for preparing and causing a copy of the minutes to be considered for approval
Public Resources Code sections 5547, 5544.2 and 5540 as amended
[131 See Government Code Section 54950 et seq., the Ralph M. Brown Act.
9
to be forwarded to each Board member in the next regular mailing or as soon thereafter as
possible.
Minutes of meetings to be considered for approval shall be available with no charge upon
request to public officials, newspapers within the District, and members of the public at the
District office as soon as available following the meeting.
The official Board-approved minutes of a meeting shall consist of at least two separate
documents: 1) the copy of the proposed minutes forwarded to the Board for their
consideration and approval, and 2) any additions or corrections to the proposed minutes made
by the Board during the approval or amendment process and recorded in the approved
minutes of the subsequent Board meeting.
1.70 Board Action. A majority vote of all of the members of the Board shall be sufficient for the
taking of Board action or the conduct of business except where action is required to be taken
by "four-fifths of the members of the District Board" or "a two-thirds vote of the Board" or
language of similar import."'
Action of the Board of Directors shall be taken by ordinance, resolution, or a motion duly
recorded in the minutes of the meeting. The ayes and noes shall be taken upon the passage
of all ordinances, resolutions or motions and entered into the minutes of the Board.
An ordinance or resolution shall not be passed or become effective without the affirmative
vote of at least a majority the members of the Board.
The enacting clause of all ordinances passed by the Board shall be in these words: "Be it
ordained by the Board of Directors of the Midpeninsula Regional Open Space District".
All ordinances and resolutions shall be signed by the President of the Board and
countersigned by the Board Secretary, and all ordinances shall be published once within
thirty (30) days after adoption in a newspaper of general circulation printed, published and
circulated in the District.
1.80 Committees of the Board. Upon sae of motion b a majority of Board members
Po passage Y J tY
standing or special committees composed of Board members may be established for the study
of specific matters. The presiding officer of the Board may appoint the committee members
with the consent of the Board. The presiding officer of the Board shall not serve on any
committee. The presiding officer may serve as a voting alternate on any committee.
1.81 Board Anoointments. With the consent of the Board, the presiding officer of the Board may
appoint a person to serve as a Board appointee on a committee that is not a committee of the
Board.
1141 Public Resources Code sections 5547, 5544.2 and 5540 as amended
10
1.82 Standing; Committees. The following shall be standing committees of the Board:
Administration and Budget Committee; Legislative, Finance, and Public Affairs Committee;
Use and Management Committee; and Acquisition and Enterprise Committee. Three Board
member shall be appointed to serve on each standing committee.
Appointments to the Administration and Budget Committee shall normally be made at the j
first regular meeting in January. The Treasurer shall be one of the three members of the
Administration and Budget Committee.
Appointments to other standing committees shall be made at the first regular meeting j
following the meeting at which officers of the Board are elected.
1.86 Committee Meeting Notification. Agendas for meetings of standing or special committees
a�{i{•}:•}"•}:•}}Y' :•}:i::?^}X??-}}zi ?..�:. .}}}:?:•x•%?::f ii:if,.:{$:'?{:.i:}v}i:.}:: v::•k;_ . «.}:.:;<.X•: of the Board shall be
- r. :::.s•}:•.: '•:#.:•}::;j}:}}�:X•r•}}rf:ref:•}:•:•l:t•}•: .l�.f:OS';r:.
..,:. ::.;}:::::.-...:.., .::...... •{u•:•:.. -.2{�;.:
III
':: :.
.:, ... ,: ..
posted in a location that is freely
accessible to members of the public at least 72 hours before the meeting. The agenda shall
include the time and location for the meeting and a brief description of each item of business
to be transacted or discussed at the meeting. Whenever possible, notices of committee
meetings shall also be listed in advance on agendas for regular or special Board meetings.
Agendas for committee meetings shall be forwarded to each person who usually receives an
agenda for regular meetings and to each person who has requested notification of meetings of
a particular committee.
.}:.%.>:.;>;:.::?�'�'}}}}:.'N,ff..f..}}X }}:::X•Yf'•}::�}�.X•',}}:.}}h'f'}h:..•rff:},....}}}X:.},f'}}N:r:r'v},:}ijiiiii;}: .......-A..-.......}.....1}FF,2t+?...........................Xd.......:}.i-3...A.----li?U.--.-----ll.?.._...}irit.•r}:i}e}}}}f1}f�Nk}}F.k}tA:n{'tdt�'.?:.:f}}}}ftf}fr}t:''}}11ff}f�i`1/.A: '3A�}iif...i17Q�
ry}
h'v�: ::rr:--:rc.rc.::::::-::::...::-vv:x:••••••-r:-::::v:::x:rr.-.-:::.�vw:v::::::::::::::.v::::::::::::::r:-:vv:v:::x::.::r xr-:.w-:r:rr::::rrrxtr::::v•,, ••v.v::r rvrc-.
-:-x;:::::::.y::r. :?w•:-.:•:: ..}.....;>.}::.i:• i:::5:::}{{:f:S:.� •::{-.r:} .X:r:::f:<SR't�S`r.-r:.?r.� ',..
444444\?{vi3hti}:•;ii::?•:}:.}:•}}Xv:B}}}}:SXi.X:ir}:?•}}}}:4}}}+}:??-}%{:.-:::}?:-i}:4}}}};}}}}}}}:{?.X.:{.}}:4}}:?{:}?iS:ti:W:^%•}}}}:i•%n:{.v..:?•}hW:•hWX4X :PX?{{:}i.••.4ti 144WX6ri}YriX•:Ciii?{{v%v4'?{i•
.•.•...........r.,,---:.......----,}iii}i}}r.}f:X{.';:::::T}i}}}}}}}}}::J'•}}ii}}:'i}":::::ii"?}:i?.}%•}"•:4:iiv.:--::::...:::::::-:v:....r..,}:•..r. ,,.
:::::::::.;v:nx- }}}}}:;'A,......,.:.... ..vv:•}• .. :: %.. ..e...;... :•i:•}::?•..h :,},yr.;.3rf}},{r-.':i:'.�;q--. •owi{{,{iCff�'a;r?:rf`�t
.�v:?•}'�'4:.}}}:4}:?..??,.."':v:rz:?;}}:?{:iiixi'ri$'r:{C4'ri:�{i::i}:..... :4•• ....?...:.::v.v. •.v.::v.v::: .... ::?•}}:?ti:'}:4Y.. :+ ...... ............ i.. i•..{'.......
:1}}:????-}:•i}}:??{?•::::•:v::•::::::4:•}}};{�.•'.:'"''�''',''''''''::.i:}}v:-}}'fi:}`f.4}}:-}}}}}}}}}}}}::{?4::::..:.'vv{xf,{rirfish•}+�:::.:k::..{.n::::}:::.4'•k•:.v�•.•.•.�.•.v::h•:%v::.v8 r:X•hW:•Xv:vh•:%•:::x:v\44•.v4W:•k4'�nWA}}';•}}hv •T:vW.{
1.90 Public Records. All public records of the District shall be open to public inspection during
District office hours Monday through Friday from 9:00 A.M.- 12:00 Noon and 1:00 P.M.-
5:00 P.M. holidays excepted.
Holidays observed by the District are New Year's Day, Martin Luther King Jr. Day,
Presidents' Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans'
Day, Thanksgiving Day, the day after Thanksgiving, the last four hours of last workday
preceding the Christmas Day observance, and Christmas Day. If a holiday falls on a
11
Saturday, the holiday shall be observed on the preceding Friday. If a holiday falls on a
Sunday, the holiday shall be observed on the following Monday.
1.95 Communications From Individual Directors. Any written communication from a Director to
the public or Board in any way related to the Director's capacity as an elected District
official shall be distributed to the Board as a public informational item by the Director unless
it is made clear in the communication that the communication is the opinion of the Director
and not a Board position.
-fit Recording of Meetings. Tape recordings of a Board meeting shall be made
by Distric t staff solely for the purpose of facilitating the preparation of the minutes of the
meeting.15 Each tape recording of a Board meeting may be erased six weeks after the
approval of the minutes of a Board meeting.
t,..
Any person attending an open and public meeting shall have the right to record the
Proceedin s '`: ? with an audio or video tape recorder or a still or motion
g {:'.x....t.. .:f f{ .
picture camera in the absence of a reasonable finding of the Board that such recording
k`;::'..';v`:iM":i::i':;i:j:i::ii}:3}�:2jh{ihi.}ki:: .'.}'".:{.`:::..F'•}�C:'...::::.M:}} :.'::::':{'::':}C?{.•i'>'•:''"'.;i'}'r,'::'.;;:,^{:.i?.•..Y.+:f}, }f:n,{.:{
cannot continue without
•.�}.h�•}T.vhX.}:..::::.�::r:} ;{{i }.44^�.`Ftr}.}}:}:±.�Y�M:i�{N�n:}::+.A'•'.h�M��hY'��i�.v'4:'.•}:}}.}} },Mn:{J::}.4h'S•9 '•. {•.'�h. •
noise, illumination, or obstruction of view that constitutes, or would constitute, a persistent
disruption of the proceedings."
2.10 Candidates' Packets. Informational packets shall be distributed at no charge prior to
elections or appointment proceedings to candidates who have filed for Directors' seats.
2.12 Unopposed Candidates and Candidates' Statements. In the case where there is a single
i qualified n candidate quali ed to appear o the ballot, such candidate shall be permitted to have his or
her name on the ballots' at no cost to the candidate. If such unopposed candidate requests
that his or her candidate's statement be included in official election material distributed to
voters, the District shall bill such candidate for the cost thereof, including costs related to
Spanish translation.
In those wards where two or more candidates have qualified to appear on the ballot,
candidates' statements of qualifications, (and, if provided by the respective county for county
candidates, Spanish translations of candidates' statements for those requesting them) up to a
maximum of 200 words, shall,if requested, be provided by the District at its expense
pursuant to the Elections Code of the State of California, and that no such candidate shall be
billed for availing himself or herself of these services.
n� Government Code section 6252
(161 Government Code section 54953.5
a71 Public Resources Code section 5532 (e)
I
I
12
2.15 Annual Disclosure Statements. Annual disclosure statements required by the Fair Political
Practices Commission shall be distributed to designated employees by the District Clerk
'\}'•.tv}:+':....:i}:\'AL• +h"v":h'• ',t".1''s'-'}�}}:"tivti}y..h.•.,{�'�*.\�iR....KS}'r. .v'4.v.�t,."v i4. ,.: .�
and shall be returned to the District
Clerk by April I of each calendar year.
2.20 Fees Charged for Syecial Mailings. Reasonable fees may be charged by the General
Manager for reproducing and mailing materials on special projects.
2.30 Compensation of Directors and Payment of Expgnses." Members of the Board shall
receive one hundred dollars ($100.00) for each attendance at a Board meeting. A Board
meeting includes a special meeting, a continued meeting, a closed session, a public hearing,
or a meeting of a committee of the Board, unless the Board indicates that service on a
particular committee is noncompensable. Only Board members who are members of the
committee, or authorized substitutes appointed by the presiding officer, may be compensated
for attendance at the meeting. A committee of the Board includes a committee of one and
Board-appointed representatives on a committees established by other organizations. The
maximum total compensation per Board member allowable under this section shall be one
hundred dollars ($100.00) per day and five hundred dollars ($500.00) per calendar month.
2.35 Fiscal Year. Beginning in 1989 the District's fiscal year shall commence on April 1 and
conclude on March 31.
2.40 Financial Instrument Signatories. (a) The authorized signatories to checks, warrants,
withdrawal applications and Santa Clara County claim forms of the Midpeninsula Regional
Open Space District for payroll or for amounts less than $5,000 shall be any one of the
,.::::} tom,' .�
following i five employees: (i) the .:::: General Manager, (ii) the Administrative
Services Manager, (iii) the Operations Manager, (iv) the Public Affairs Manager, or (v) the
Planning Manager.
(b) The authorized signatories to checks, warrants, withdrawal applications and Santa Clara
County claim forms of the Midpeninsula Regional Open Space District in amounts of$5,000
or greater (excluding payroll) shall be two of the following employees: (i) the '
General Manager, (ii) the Administrative Services Manager, (iii) the Operations Manager,
(iv) the Public Affairs Manager, or (v) the Planning Manager.
2.50 Safe Deposit Box. The authorized signature for entrance into the District's safe deposit box
are any of the following: President, Treasurer, General Manager, { ;
and the District Clerk.
Pub licResources Code sections 5536 and 5536.5
13
2.60 Certificates of Acceptance. In accordance with Government Code Section 27281,
Certificates of Acceptance for deeds or grants conveying any interest in or easement upon
real estate to the District for public purposes shall be executed as follows:
(1) The President of the Board of Directors or other appropriate officer is hereby
authorized to consent and accept on behalf of the Midpeninsula Regional Open Space
District deeds or grants conveying any interest in or easement upon real property to
the District for public purposes and to execute a Certificate of Acceptance as evidence
thereof as required by law, or
(2) The General Manager is hereby authorized to approve the acquisition of a minor
interest in or easement upon real property and accept on behalf of the Midpeninsula
Regional Open Space District deeds or grants conveying any such minor interest in or
easement upon real property to the District for public purposes and to execute a
Certificate of Acceptance as evidence thereof as required by law, subject to the
following:
(a) The General Manager finds that the acquisition of such minor interest in or
easement upon real property is consistent with District policy; and
(b) The cost does not exceed the General Manager's authority as provided in
Section 5549(b) of the Public Resources Code and as approved by the Board of
Directors from time to time; and
(c) The General Manager informs the Board of Directors of the action or proposed
action within a reasonable period of time; or
(3) The General Manager is hereby authorized to approve the acquisition of low-value fee
interests of real property and accept on behalf of the Midpeninsula Regional Open
Space District deeds or grants conveying any fee title interest to the District for public
purposes and to execute a Certificate of Acceptance as evidence thereof as required by
law, subject to the following:
a) The General Manager finds that the acquisition of such low-value real property
is consistent with District policy; and
b) The General Manager finds that the District is unable to obtain a binding
option on the property to secure it pending Board approval of the acquisition at
a public Board meeting and that without this security completion of the
acquisition might be jeopardized; and
c) The cost does not exceed the General Manager's authority as provided in
Section 5549(b) of the Public
14
Resources Code and as approved by the Board of Directors from time to time;
and
d) After close of the transaction, the General Manager will cause a public report
to appear on a Board agenda within a reasonable period of time for approval
of the preliminary use and management plan.
Last amended: f:11.::} 4 March 23, 1994
i
i
i
I
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
AMENDING RULES OF PROCEDURE
BE IT RESOLVED by the Board of Directors of the Midpeninsula Regional Open Space
District that, effective April 1, 1994, the Midpeninsula Regional Open Space District's Rules
of Procedure are amended to read as shown in the attached Exhibit Al a copy of which is
attached hereto and by reference made a part hereof.
i
EXHIBIT A
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Rules of Procedure'
Section
1.10 Regular Meetings.= Regular meetings of the Board of Directors of the Midpeninsula
Regional Open Space District shall be held on the second and fourth Wednesday of each
month at the hour of 7:30 P.M. Meetings shall be held at such place or places within the
District as shall be determined by the Board of Directors. A majority of the members of the
Board may cancel a meeting for cause or call the regular meeting for a different date or
time. At least 72 hours before a regular meeting, the agenda for the regular meeting
containing the time and location for the meeting and a brief description of each item of
business to be transacted or discussed at the meeting, including items to be discussed in
closed session, shall be posted in a location that is freely accessible to members of the
public. If a regularly scheduled meeting occurs on the evening preceding Thanksgiving or
Christmas Eve or on a holiday, the regular meeting shall be rescheduled or canceled.
1.12 Special Meetings. Special meetings may be called at any time by the President or at the
request of a majority of the members of the Board. Except in the case of an "emergency
situation" as defined,' written notice of such meeting shall be posted in a location that is
freely accessible to members of the public and delivered personally or by mail to each
member of the Board and to each local newspaper of general circulation at least 24 hours
before the time specified for the meeting in the notice, provided that, unless otherwise
provided by law, the failure to give or receive notice shall not affect the validity of any
action taken at the meeting. The notice shall specify the time and place of the special
meeting and the business to be transacted, which shall be determined by the Board or by the
General Manager in consultation with the President. No other business shall be considered at
the meeting.
The agenda for a special meeting at which action is proposed to be taken on an item shall
provide an opportunity for members of the public to directly address the Board concerning
that item prior to action in the item.
Rules of Procedure required by Public Resources Code, Division 5, Chapter 3, Article 3, section
5536.
[21 Public Resources Code section 5535.
[3) Government Code section 54956.5.
2
1.14 Meetings to be Public.' All meetings of the Board of Directors shall as provided by law be
open and public and shall be conducted in accordance with the Ralph M. Brown Act of the
State of California!
1.16 Quorum.' At any meeting of the Board a majority of the Directors shall constitute a quorum
for the transaction of business. When there is no quorum the President, or Vice President,
or District Clerk or any other member of the Board of Directors, shall adjourn such meeting.
1.18 Smoking. It shall be unlawful for any person to smoke at any time at the meetings of the
Board of Directors.
1.20 Legislative Body.' The Board of Directors is the legislative body of the District and shall
determine all questions of policy.
1.22 Board of Directors; Election of Offcers.8 At the first regular meeting in January of each
year, the Board of Directors shall choose one of its members President, and another Vice-
President, who shall act for the President in his/her absence or disability. The Board shall
choose one of its members to serve as Board Treasurer and another to serve as Secretary.
Each officer shall be voted on separately. Elections shall be by signed ballot and counted by
the District Clerk. The candidate receiving a majority of the vote of the members of the
Board shall be elected. After the election, the ballots shall be available for public inspection.
1.24 Duties of the Presiding Officer.' The President, or in his/her absence, the Vice-President,
shall be the presiding officer of the Board and shall assume his/her place and duties as such
immediately following his/her election. The presiding officer shall preserve order at all
meetings of the Board, announce its decisions on all subjects, and decide all questions of
order, subject to an appeal to the Board. S/he shall participate in debate, make motions, and j
vote on all questions as other members of the Board.
The President shall sign all ordinances, resolutions, contracts and conveyances on behalf of
the District after they have been approved by the Board, shall sign financial instruments as
appropriate, and s/he shall perform such other duties as may be imposed upon him/her by the
Board.
[41 Public Resources Code section 5535.
[51 See Government Code Section 54950 et seq., the Ralph M. Brown Act.
[61 Public Resources Code section 5535.
rm Public Resources Code section 5537
181 Public Resources Code section 5535
191 Public Resources Code section 5548
3
In the absence of the President, or in the event of his/her inability to act, the Vice-President
shall perform all the powers and duties of the President. If both the President and Vice-
President are absent or unable to act, the Board may select a president pro tempore who shall
perform all the powers and duties of the President.
1.26 Rules of Procedure. Roberts Rules of Order shall be followed as interpreted by the presiding
officer, subject to an appeal to the Board.
1.27 Board Treasurer. The Treasurer shall be a member of the Budget Committee and shall sign
financial instruments as appropriate.
1.28 Board Secre!M.10 Unless otherwise directed by the Board, the Board Secretary shall
countersign all ordinances and resolutions and the District Clerk shall countersign all
contracts and conveyances approved by the Board. In the absence of the Secretary, or in the
event of his/her inability to act, the Board may select a secretary pro tempore who shall
perform all the duties of the Secretary.
1.30 Agenda. All reports, ordinances, resolutions and other matters intended to be considered by
the Board at its regular meeting shall be delivered to the District Clerk no later than 5:00
P.M. on the preceding Wednesday for material requiring typing or other preparation, and not
later than 5:00 P.M. on the preceding Thursday for material requiring reproduction only.
Any Board member or Board appointed staff member may place a matter on the agenda for
Board consideration. The District Clerk shall prepare the agenda according to the order of
business as determined
d b the General Ma
nager.er. A copy of the agenda and of all available able
supporting materials shall be mailed by 5:00 P.M. on the Friday preceding each regular
Board meetingor delivered b 7:00 P.M. on the Saturday preceding
y e Sa day ! � g each regular 13ozri
meeting. Supplementary materials may be received by the District Clerk after that time,
provided the matter refers to an already agendized item.
Agendas will be available with no charge upon request to public officials, newspapers in the
District, and members of the public at the District office by 9:00 A.M. on the Monday
preceding the regular meeting. Agendas will be posted in a location that is freely accessible
to members of the public at least 72 hours before a regular meeting or at least 24 hours
before a special meeting.
Supporting materials (reports, memoranda, resolutions, nonconfidential written
communications to the Board, and other informational materials not previously published or
distributed) may be obtained upon request by public agencies, newspapers in the District, and
members of the public at the District office by 9:00 A.M. on the Monday preceding the
regular meeting, and 24 hours before a special meeting.
Written materials distributed during a public meeting by any person in connection with a
matter subject to discussion or consideration shall be made available for inspection at the
1101 Public Resources Code sections 5551 and 5552
4
meeting if prepared by District staff or a member of the Board, or immediately after the
meeting if prepared by some other person.
Absent extraordinary circumstances, communications to the Board from members of the
public shall be deemed nonconfidential. A memorandum from the General Manager
explaining the justification for this decision "not to distribute materials to members of the
public" shall accompany the written communications when sent to the Board. There will be
no charge for the materials if available; otherwise the cost of reproduction will be charged.
No action or discussion shall be undertaken on any item not appearing on the posted agenda
by the Board, provided that matters deemed to be of an urgent nature by a two-thirds vote of
the Board, (or, if less than two-thirds of the Board members are present, a unanimous vote
of those members present) with an explanation stated as to the urgency, may be acted
upon.11
1.32 Subscription to Meeting Materials. Members of the public may subscribe on an annual basis
to receive agendas, or agendas and minutes,or agendas, minutes, and supporting materials as
defined in Section 1.30. Subscription fees will be waived for members of the press, Board
members-elect, Board candidates, and former Board members for a period of six months
following their leaving office. Charges for public subscriptions will be adopted by the Board
from time to time.
1.40 Order of Business. The order of business shall be determined by the General Manager for
the purpose of preparing meeting agendas, using the following format unless in the General
Manager's opinion a different order would be more appropriate:
1. Roll Call
2. Pledge of Allegiance (see Section 1.42)
3. Oral Communications
4. Special Orders of the Day
5. Adoption of Agenda
6. Adoption of Consent Calendar
7. Approval of Minutes (Consent Item)
8. Written Communications (Consent Item)
9. Unfinished Business
10. Public Hearings
11. Board Business
12. Informational Reports - Directors and Staff
13. Revised Claims (Consent Item)
14. Closed Session
1 '5. Adjournment
ourmmen t
The order of business as set forth in the meeting agenda shall not be departed from except by
consent of the majority of the Board.
"� See also Government Code section 54954.2
5
1.41 Roll Call. Before proceeding with the business of the Board, the District Clerk or minute
taker shall call the roll of the Board of Directors, and the names of those present shall be
entered in the minutes.
1.42 Pledge of Alle ig_ance. The Pledge of Allegiance shall be recited at the first regular meeting
of July, and a special presentation shall be made at that time.
1.43 Oral Communications - Public. Members of the public may address the Board under the
category Oral Communications during meetings on any matter concerning the affairs of the
District. The presiding member of the Board may limit presentations of speakers under this
section to three minutes. If the Oral communications category exceeds fifteen minutes, the
President, with the approval of the Board, may delay additional oral communications to a
designated time later in the meeting.
Absent extraordinary circumstances, the Board will not discuss oral communication items
unless the communication relates to an item appearing on the agenda for that meeting. The
Board may briefly respond, ask questions for clarification, provide information resource
references, request staff to report back at a future meeting, or place the item on the agenda
of a future meeting.
A member of the public may request under oral communications that an item be removed
from the consent calendar.
1.44 Special Orders of the Day. Any Board member or Board appointed staff member may
schedule special presentations, introductions or other activities deemed appropriate to this
category, which shall be placed on the agenda by the District Clerk.
1.45 Adoption of Agenda. The Board shall determine the order of business to be considered at
regular meetings, including placement of items removed from the consent calendar, and shall
adopt the agenda, with additions or deletions. Items may be added to the agenda at this time
provided that any action be taken pursuant to Section 1.30.
1.46 Adoption of Consent Calendar. The following items shall normally be included on the
consent calendar: 1) approval of minutes; 2) written communications; 3) agenda items that
the General Manager deems do not require Board discussion; and 4) revised claims. All
items on the consent calendar shall be approved by one motion unless a request is made by a
Board member to remove an item from the consent calendar for separate discussion. A
member of the public may request under oral communications that the Board remove an item
from the consent calendar for separate discussion.
1.47 Approval of Minutes (Consent Item). Unless removed from the consent calendar by a
member of the Board or the public, the minutes of the previous Board meeting(s) shall be
approved without reading during the adoption of the consent calendar, provided that the
District Clerk has previously furnished each member of the Board with a copy.
i
6 i
1.48 Written Communications (Consent Item). The District Clerk is authorized to receive and
open all mail addressed to the Board of Directors from members of the public. Any such
written communication addressed to the Board shall be reproduced and distributed in the next
regular mailing to the Board members and to members of the press who have requested
supporting materials (see Section 1.30).
All written communications, unless they relate to an item on the agenda, must be received no
later than 5:00 P.M. on the Tuesday the week preceding a Board meeting in order to be
distributed with the agenda and supporting materials and considered by the Board at the
forthcoming meeting. If, in the opinion of the General Manager, a written communication
should not be distributed with the agenda and supporting materials without a draft response,
which has yet to be prepared, the written communication may be distributed later, but no
later than at the forthcoming Board meeting. Written communications not directly related to
an item on the agenda received after the 5:00 P.M. Tuesday deadline may be distributed with
the agenda and supporting materials and considered by the Board at the forthcoming meeting
if, in the opinion of the General Manager, time is of the essence for consideration of the
written communication by the Board. Written communications directly related to an item on
the agenda will be accepted for distribution up to 3:00 P.M. on the day of the meeting.
Written communications directly related to an item on the agenda but received after 3:00
P.M. on the day of a meeting must be accompanied by thirty copies for distribution in order
to be considered by the Board as written communications at the meeting.
Draft replies to written communications which have not been considered by the Board may
be submitted with the written communication, provided such draft replies are labeled as
follows: "Draft Response Prepared by Staff". Any member of the Board may request that
such written communication be placed on the as an emergency a endaitem in accordance
g
with Section 1.30 for consideration by the Board.
The Board shall consider the recommendation of the General Manager and determine whether
a written communication shall be placed on the agenda in accordance with the procedures of
Section 1.30, considered in connection with an item already on the agenda, and/or referred to
a committee, a Director or staff for simple acknowledgement, response or draft response or
shall determine that a adequate response has been made.
A written communication addressed to an individual Director may, at the discretion of the
individual Director, be considered a personal letter, a written communication or may be
relayed to the members of the Board as a informational item.
Members of the public may read written communications into the District's records during
oral communications at a regular meeting and offer explanations of any such document. The
presiding member of the Board may limit presentations of the speakers, including the reading
of a written communication, to three minutes. Written communications received at a regular
Board meeting shall be reproduced and distributed to absent Board members and to members
of the press who have requested supporting materials no later than the next regular mailing to
the Board. Written communications which are distributed to the Board at a time other than a
regular mailing shall be distributed to members of the press who have requested supporting
materials within two working days of when they are sent to the bard. Written
i
?
communications accompanied by an extraordinary quantity of attachments may, at the
discretion of the General Manager, be duplicated and distributed with some or all the
attachments excluded. The General Manager shall note on the written communication or in I
an accompanying memorandum that the entire written communication, including attachments,
is available at the District office for public review. The General Manager shall determine
the most appropriate method for presenting the attachments to the Board of Directors.
Copies of the excluded attachments will be made available on the same basis as any other
public record. j
Unless removed from the consent calendar by a member of the Board, draft responses to
written communications shall be approved under adoption of the consent calendar.
1.49 Unfinished Business. When a regular meeting is adjourned before the completion of the J
agenda, all unfinished items shall be listed under Unfinished Business on the next regular
Board meeting agenda, at the discretion of the General Manager or unless otherwise
designated by a majority of the Board.
1.50 Public Hearing. Any matter which, in the opinion of the Board of Directors, President, or
I
General Manager requires notice to and response by members of the public may be placed on
the agenda under this category.
1.51 Board Business. These are business items being presented to the Board for consideration that
do not fall under the category of Unfinished Business (see Section 1.49). Action in the form
of an ordinance, resolution, motion or direction to staff may be required for items in this
category.
1.52 Informational Re rt - Director an Staff. Informational short reports b Directors and
a al po s s d ,
Po Y
staff members on items of interest to the District may be given under this category. No
action is expected but could occur at a Regular Meeting with a vote as required by Section
1.30.
1.53 Revised Claims (Consent Calendar
).0 No claims against the District shall be paid unless
the same shall be first approved by a majority of the Board at a meeting thereof. Payment of
employees' salaries and fringe benefits and other recurring claims may be authorized by the
Board on an annual basis.
1.54 Closed Sessions. The Board may hold closed sessions from which the public may be
excluded for the consideration of the following subjects:
1. appointment, employment, evaluation of performance, or dismissal of an employee or
to hear complaints or charges brought against an employee
2. labor negotiation matters
3. proposed or pending litigation
4. real property transactions
a
n1
Public Resources Code sections 5547 5544.2 and 5540 as amended
8
5. matters embraced within the attorney-client privilege.
6. any other matters exempted by law13
Items to be discussed in closed session shall be listed on the agenda for a regular or special
meeting. A closed session item not listed on the agenda may be added to the agenda
provided that any action taken be pursuant to Section 1.30.
Prior to holding any closed session, the Board must disclose, in an open meeting, the item or
items to be discussed in the closed session. The disclosure may take the form of a reference
to the item or items as they are listed by number or letter on the agenda. The Board may
consider only those matters covered in its statement during the closed session.
After any closed session, the Board shall reconvene into open session prior to adjournment i
and shall publicly report any action taken in closed session and the vote or abstention of
every Board member present. These reports may be made orally or in writing.
Copies of any contracts, settlement agreements, or other documents that were finally
approved or adopted in a closed session shall be made available to any persons requesting
such documentation. The requested documentation will be available at the end of the closed
session in which the final action was taken unless substantive amendments require retyping,
in which case the documents will be available when the retyping is complete.
I
1.60 Minutes. Minutes of Board meetings shall be kept by the District Clerk. The District Clerk
or his/her designee shall make a record together with sense minutes of such business as was
actually passed upon by a vote of the Directors. A record shall be made of the names and
addresses of persons addressing the Board, the subject matter to which their remarks related
and whether they spoke in support or in opposition to such matter. The District Clerk shall
be responsible for preparing and causing a copy of the minutes to be considered for approval
to be forwarded to each Board member in the next regular mailing or as soon thereafter as
possible.
Minutes of meetings to be considered for approval shall be available with no charge upon
request to public officials, newspapers within the District, and members of the public at the
District office as soon as available following the meeting.
The official Board-approved minutes of a meeting shall consist of at least two separate
documents: 1) the copy of the proposed minutes forwarded to the Board for their
consideration and approval, and 2) any additions or corrections to the proposed minutes made
by the Board during the approval or amendment process and recorded in the approved
minutes of the subsequent Board meeting.
1.70 Board Action. A majorityvote of all of the members of the Board shall be sufficient for the
taking of Board action or the conduct of business except where action is required to be taken
u31 See Government Code Section 54950 et seq., the Ralph M. Brown Act.
9
by "four-fifths of the members of the District Board" or "a two-thirds vote of the Board" or
language of similar import." l
Action of the Board of Directors shall be taken by ordinance, resolution, or a motion duly
recorded in the minutes of the meeting. The ayes and noes shall be taken upon the passage
of all ordinances, resolutions or motions and entered into the minutes of the Board.
An ordinance or resolution shall not be passed or become effective without the affirmative
vote of at least a majority the members of the Board.
The enacting clause of all ordinances passed by the Board shall be in these words: "Be it
ordained by the Board of Directors of the Midpeninsula Regional Open Space District".
All ordinances and resolutions shall be signed by the President of the Board and
countersigned by the Board Secretary, and all ordinances shall be published once within
thirty (30) days after adoption in a newspaper of general circulation printed, published and
circulated in the District.
1.80 Committees of the Board. Upon passage of motion by a majority of Board members,
standing or special committees composed of Board members may be established for the study
of specific matters. The presiding officer of the Board may appoint the committee members
with the consent of the Board. The presiding officer of the Board shall not serve on any
committee. The presiding officer may serve as a voting alternate on any committee.
1.81 Board Appointments. With the consent of the Board, the presiding officer of the Board may
appoint a person to serve as a Board appointee on a committee that is not a committee of the
Board.
1.82 Standing Committees. The following shall be standing committees of the Board:
Administration and Budget Committee; Legislative, Finance, and Public Affairs Committee;
Use and Management Committee; and Acquisition and Enterprise Committee. Three Board
member shall be appointed to serve on each standing committee.
Appointments to the Administration and Budget Committee shall normally be made at the
first regular meeting in January. The Treasurer shall be one of the three members of the
Administration and Budget Committee.
Appointments to other standing committees shall be made at the first regular meeting
following the meeting at which officers of the Board are elected.
1.86 Committee Meeting Notification. Agendas for meetings of standing or special committees
of the Board shall be posted in a location that is freely accessible to members of the public at
least 72 hours before the meeting. The agenda shall include the time and location for the
meeting and a brief description of each item of business to be transacted or discussed at the
U4I Public Resources Code sections 5547, 5544.2 and 5540 as amended
i
10
meeting. Whenever possible, notices of committee meetings shall also be listed in advance
on agendas for regular or special Board meetings. Agendas for committee meetings shall be
forwarded to each person who usually receives an agenda for regular meetings and to each
person who has requested notification of meetings of a particular committee.
1.90 Public Records. All public records of the District shall be open to public inspection during
District office hours Monday through Friday from 9:00 A.M.- 12:00 Noon and 1:00 P.M.-
5:00 P.M. holidays excepted.
Holidays observed by the District are New Year's Day, Martin Luther King Jr. Day,
Presidents' Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans'
Day, Thanksgiving Day, the day after Thanksgiving, the last four hours of last workday
preceding the Christmas Day observance, and Christmas Day. If a holiday falls on a
Saturday, the holiday shall be observed on the preceding Friday. If a holiday falls on a
Sunday, the holiday shall be observed on the following Monday.
1.95 Communications From Individual Directors. Any written communication from a Director to
the public or Board in any way related to the Director's capacity as an elected District
official shall be distributed to the Board as a public informational item by the Director unless
it is made clear in the communication that the communication is the opinion of the Director
and not a Board position.
2.00 Recording of Meetings. Tape recordings of a Board meeting shall be made by District staff
solely for the purpose of facilitating the preparation of the minutes of the meeting 15 Each
tape recording of a Board meeting may be erased six weeks after the approval of the minutes
of a Board meeting.
Any person attending an open and public meeting shall have the right to record the
proceedings with an audio or video tape recorder or a still or motion picture camera in the
absence of a reasonable finding of the Board that such recording cannot continue without
noise, illumination, or obstruction of view that constitutes, or would constitute, a persistent
disruption of the proceedings."
2.10 Candidates' Packets. Informational packets shall be distributed at no charge prior to
elections or appointment proceedings to candidates who have filed for Directors' seats.
2.12 Unopposed Candidates and Candidates' Statements. In the case where there is a single
candidate qualified to appear on the ballot, such candidate shall be permitted to have his or
1151 Government Code section 6252
[161 Government Code section 54953.5
11
her name on the ballots' at no cost to the candidate. If such unopposed candidate requests
that his or her candidate's statement be included in official election material distributed to
voters, the District shall bill such candidate for the cost thereof, including costs related to
Spanish translation.
In those wards where two or more candidates have qualified to appear on the ballot,
candidates' statements of qualifications, (and, if provided by the respective county for county
candidates, Spanish translations of candidates' statements for those requesting them) up to a
maximum of 200 words, shall,if requested, be provided by the District at its expense
pursuant to the Elections Code of the State of California, and that no such candidate shall be
billed for availing himself or herself of these services.
2.15 Annual Disclosure Statements. Annual disclosure statements required by the Fair Political
Practices Commission shall be distributed to designated employees by the District Clerk and
shall be returned to the District Clerk by April 1 of each calendar year.
2.20 Fees Charged for Special Mailings. Reasonable fees may be charged by the General
Manager for reproducing and mailing materials on special projects.
2.30 Compensation of Directors and Payment of Expenses.18 Members of the Board shall
receive one hundred dollars ($100.00) for each attendance at a Board meeting. A Board
meeting includes a special meeting, a continued meeting, a closed session, a public hearing,
or a meeting of a committee of the Board, unless the Board indicates that service on a
particular committee is noncompensable. Only Board members who are members of the
committee, or authorized substitutes appointed by the presiding officer, may be compensated
for attendance at the meeting. A committee of the Board includes a committee of one and
Board-appointed representatives on a committees established by other organizations. The
maximum total compensation per Board member allowable under this section shall be one
hundred dollars ($100.00) per day and five hundred dollars ($500.00) per calendar month.
2.35 Fiscal Year. Beginning in 1989 the District's fiscal year shall commence on April 1 and
conclude on March 31.
2.40 Financial Instrument Signatories. (a) The authorized signatories to checks, warrants,
withdrawal applications and Santa Clara County claim forms of the Midpeninsula Regional
Open Space District for payroll or for amounts less than $5,000 shall be any one of the
followingfive employees: i the General Manager, ii the Administrative Services Manager,
g
(iii) the Operations Manager, (iv) the Public Affairs Manager, or (v) the Planning Manager.
[171 Public Resources Code section 5532 (e)
1191 Public Resources Code sections 5536 and 5536.5
12
(b) The authorized signatories to checks, warrants, withdrawal applications and Santa Clara
County claim forms of the Midpeninsula Regional Open Space District in amounts of$5,000
or greater (excluding payroll) shall be two of the following employees: (i) the General
Manager, (ii) the Administrative Services Manager, (iii) the Operations Manager, (iv) the
Public Affairs Manager, or (v) the Planning Manager.
2.50 Safe Deposit Box. The authorized signature for entrance into the District's safe deposit box
are any of the following: President, Treasurer, General Manager, and the District Clerk.
2.60 Certificates of Acceptance. In accordance with Government Code Section 27281,
Certificates of Acceptance for deeds or grants conveying any interest in or easement upon
real estate to the District for public purposes shall be executed as follows:
(1) The President of the Board of Directors or other appropriate officer is hereby
authorized to consent and accept on behalf of the Midpeninsula Regional Open Space
District deeds or grants conveying any interest in or easement upon real property to
the District for public purposes and to execute a Certificate of Acceptance as evidence
thereof as required by law, or
(2) The General Manager is hereby authorized to approve the acquisition of a minor
interest in or easement upon real property and accept on behalf of the Midpeninsula
Regional Open Space District deeds or grants conveying any such minor interest in or
easement upon real property to the District for public purposes and to execute a
Certificate of Acceptance as evidence thereof as required by law, subject to the
following:
(a) The General Manager finds that the acquisition of such minor interest in or
easement upon real property is consistent with District policy; and
(b) The cost does not exceed the General Manager's authority as provided in
Section 5549(b) of the Public Resources Code and as approved by the Board of
Directors from time to time; and
(c) The General Manager informs the Board of Directors of the action or proposed
action within a reasonable period of time; or
(3) The General Manager is hereby authorized to approve the acquisition of low-value fee
interests of real property and accept on behalf of the Midpeninsula Regional Open
Space District deeds or grants conveying any fee title interest to the District for public
purposes and to execute a Certificate of Acceptance as evidence thereof as required by
law, subject to the following:
a) The General Manager finds that the acquisition of such low-value real property
is consistent with District policy; and
13
b) The ueneral Manager finds that the District i� unable to obtain a binding
option on the property to secure it pending Board approval of the acquisition at
a public Board meeting and that without this security completion of the
acquisition might be jeopardized; and
c) The cost does not exceed the General Manager's authority as provided in
Section 5549(b) of the Public Resources Code and as approved by the Board of
Directors from time to time; and
d) After close of the transaction, the General Manager will cause a public report
to appear on a Board agenda within a reasonable period of time for approval
of the preliminary use and management plan.
Last amended: March 23, 1994
i
i
I
,I
Open Space
s
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-94-42
Meeting 94-10
March 23, 1994
AGENDA ITEM
Revision of District's Rules of Procedure to Incorporate Brown Act Changes - Additional
Revisions
i
GENERAL MANAGER'S RECOMMENDATION
Adopt the resolution amending the District's Rules of Procedure as contained in report
R-94-39 and as amended in this report.
DISCUSSION
The following additional changes are recommended in your Rules of Procedure. Italics
indicate new wording.
1.43 Oral Communications-Public.
Amend first paragraph to read:
Members of the public may address the Board under the category Oral Communications
during meetings on any matter not on the agenda concerning the affairs of the District. The
presiding member of the Board may limit presentations of speakers under this section to three
minutes. It the Oral Communications category exceeds fifteen minutes, the President, with
the approval of the Board, may delay additional oral communications to a designated time
late in the meeting. Members of the public may address the Board on any agenda item when
that item is considered by the Board.
1.45 Adoption of Agenda.
Amend section to read:
The Board shall determine the order of business to be considered at regular meetings,
including placement of items removed from the consent calendar, and shall adopt the agenda,
with additions or deletions. Only items of an urgent nature may be added to the agenda at
this time provided that any action be taken pursuant to Section 1.30.
330 Distel Circle • Los Altos, California 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485
Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Cinny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit
i
R-94-42 Page 2
i
1.54 Closed Sessions.
Amend second paragraph to read:
Items to be discussed in closed session shall be listed on the agenda for a regular or special
meeting. A closed session item of an urgent nature not listed on the agenda may be added to
the agenda provided that any action taken be pursuant to Section 1.30.
i
i
Prepared by:
Jean H. Fiddes, District Clerk
i
Contact person:
L. Craig Britton, General Manager
I
Open Space
way
R-94-33 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 94-09
March 23, 1994
AGENDA ITEM
Annual Claims List for Fiscal Year 1994-1995
GENERAL MANAGER'S RECOMMENDATION
Approve the annual claims list, including debt service payme is for the 1994-1995 fiscal
year.
Discussion: In accordance with Section 1.53 of the District's Rules of Procedure, this list of
annual claims for the 1994-1995 fiscal year is submitted for Board approval. All items are in
accordance with the budget to be presented at your March 23 meeting for approval. Staff
will submit a revised annual claims list during the 1994-1995 fiscal year to reflect necessary
changes.
The debt service claims list reflects payments required by currently outstanding debt.
Attachment A lists the District's current debt service annual claims for 1994-1995, and
Attachment B provides a detailed list of debt service obligations.
ANNUAL CLAIMS
ITEM DESCRIPTION AMOUNT
Directors' Fees $ 27,000
Staff Salaries 2,321,100
Retirement Funds 307,650
Group Insurance Premiums 255,100
State-Mandated Insurance 94,250
Management Vehicle Expense 5,100
Utilities - PG&E 50,300
Herbert Grench 20,000
Legislative Consultant (Heim, Noack, & Spahnn) 16,500
Dispatching Services (City of Mountain View) 13,000
Reuben's Janitorial Service 12,000
Bettencourt American Landscape 3,000
Antenna Site Rental - Motorola Inc. 300
Fuel - Valley Oil Company 30,000
Prepared by:
Michael L. Foster, Controller
Marie McGough, Accounting Specialist
Contact person:
Same as above
330 Distel Circle • Los Altos California 94022-1404 Phone: 415-691-1200 FAX:415-691-0485
Board of Directors:Pete Siemens,Robert M(Kibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit
ATTACHMENT A
ANNUAL CLAIMS
DEBT SERVICE
FISCAL YEAR 1994-1995
NOTEHOLDER-LAND PRINCIPAL INTEREST
--—---------
Hosking 32,500.00
Darling 14,100.00 1,974.00
Dyer 30,000.00 41,300.00
Harris 4,437.50 3,993.75
Aine 6,570.67 11,554.12
Leverich 2,913.16 1,738.64
Jamison 11,913.85 1,350.59
Lazenby 3,637.91 5,080.55
Bullis 60,000.00 9,450.00
Gastronics/Miller 8,100.00
Norton 15,000.00
BONDS PAYABLE
1987 Notes 1,589,674.00 317,616.00
1988 Notes 700,000.00 416,000.00
1990 Notes 1,087,853.00
1992 Notes 480,235.00
1993 COP'S 40,000.00 951,015.00
PURCHASE CONTRACTS
AND BONDS 2,463,247.09 3,384,760.65
ATTACHMENT B
DEBT SERVICE 94195
OPEN SPACE pmESsnv Payable to Close mEscrow Original Note mate% Terms Remaining Principal Fi°mpayrn.me Payable W95 Principal Interest
__ ........._ ________________ __________________________
s/Corte u°Madera
----------- x=mng mw,vm 500,000.00 uu myears 500,000.00 03/01^98 32,500.00 0.00 32.500.00
Fremont Older
--- Harris 06/01x88 88.750.00 av ryears 66,5W.50 06101^95 8,43125 4,437.50 u.mm.m
p=thn*
m= 01o8/89 192/000.00 zv ovvea= 165,058.93 12n8/98 18,124.79 6�0.67 11,55412
m Honda Creek
----- Daring 08v16185 141,000.00 7.0 mvea= 28,200.00 08/16/95 m.m^vu 14,100.00 /.m^oo
Dyer /0/,7/86 500,000.00 m 10vears 500,000.00 10/17/96 35,000�00 0.00 35,000,00
Dyer `m,mm 300,000,00 n, mye= 90,00000 10^7/96 3*300.00 30,000.00 6,300.00
-....... ............ ... ----------- ----------- -- ---------------------------
v^,.mu00 618.200.00 87.374.00 +4,100�()O 43.274.00
Russian Ridge
-------------
w=m" `em,*u 300,000.00 5.0 xvears 300,000.00 12m6/96 ,v.mm.vv ,,.mm.ov
m°=A=/
---- u=,ric^ mv,wn, 50,00000 ,.v :mvears vn.`,uuv oecm"l 4,651.80 o.ma`o ,.nma^
Jamison 03/28/86 95,200z0 zv `v,o= 24,685a5 05/28/96 /3,264,44 11,913.85 `.mm,o
u°ze"^v Oam,vm 100,000.00 uv envmars 84,675.81 08m1m008 8,718.46 3,637.91 5,080.55
oastmics, mm,m, 135.000.00 ou o�� ,�.mm� ��1mm wvu� y.,mu�
----- ------380,200,00 270,517.68 mn.nn.vo 34,734.70 ,v.wam, 16.269.78
Skyline
-- a"nls 05/02/86 6W.000.00 /�v `u�� ,�.mm� m�� �.w�� �.mm� o.wm�
SUBTOTAL--PURCHASE CONTRACTSo.vv,.mm'w o.mn.am.`` 265.6/4.7* 133.573.0e 132.041.65
� Various Notes
� --------- ---- ,mnwm° G4m1x87 2/.200,0m00 5.445 `vvears v.vv`.`u^vv 03m1197 1.907.29u00 ,.mm.m^vv xn.o/am`
,mmw"* mm,xm 12,5W/000m0 xovears //.800/000.00 02m1x2008 1'116,000.00 700,00000 416,000»0
1990w"te 09m1/90 15,000,000m/ onvea= 15,000,000»0 09m1m010 1,087853»0 1,087,853.00
1992w"m 12w1/92 8,000,000.00 eovears 8,m00.000.00 ,zm`um,c 480,235.00 480.235.00
� ,mwcopS 09/01/2020 17,315,000.00 mm uoyears 17,315,mm00 em1/2020 991.015.00 40.000.00 951.015,00
ooenzmL-woTEo 74,015,000.00 58,016,194.00 5,582,393.00 2,329,674.00 3.252.71R00
� TOTALS 77.01*950.00 60,086,533.11 5,848,007.74 2,463,247,09 3,384,760.65
�
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
FROM: C. Britton, General Manager
DATE: March 23, 1993
SUBJECT: FYI
330 Distel Circle + Los Altos, California 94022-1404 Phone:415-691-1200 FAX: 415-691-0485
Board of(Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit
March 18, 1944
Letter sent to all bike shops (40)
Manager, (store name)
in District.
(Address)
(City State Zip)
Dear Manager:
Retail stores such as yours are a great source of information to the mountain biking community.
Unfortunately, there is a lot of misinformation, rumor, and supposition being circulated regarding mountain bike
use on public lands managed by the Midpeninsula Regional Open Space District. I hope that the information I'm
providing is made available to your customers, and that it answers some of the questions that are no doubt being
asked.
Most mountain bike enthusiasts already know that the District allows cyclists on a greater variety of its
trails than any other Bay Area park or open space agency and has long been supportive of accommodating
multiple trail uses. With steady increases in all uses, it is the District's responsibility to actively manage public
use and enforce land use regulations. It is through individual compliance with regulations that the District can
best ensure a safe and enjoyable experience for all visitors, as well as the protection of the natural environment
of the public open space lands.
A rumor that is apparently making the rounds is that the District is proposing to ban mountain bikes from
all trails at its El Corte de Madera Creek Open Space Preserve. This is simply not the case. The issue at this
preserve arose when the staff discovered that undesignated trails were being re-established and in some cases
illegally being cleared of vegetation for mountain bike use. This is a serious issue of environmental damage. The
District's Basic Policy states that our responsibility for protection of the environment is our most important
function. El Corte de Madera has been abused and decimated by past logging and motorcycle use, and it is our
goal to restore this preserve while still allowing an acceptable level of public recreational usage. While this may
mean closing a number of undesignated trails, it may also mean converting some of them to designated trails and
building some new trail connections.
In terms of possible trail closures, each trail on each preserve will be studied in light of the District's
Trail Use Guidelines, which were developed over a three year period with continual input from visitor groups
representing hikers, bicyclists, and equestrians. The result is a set of guidelines that will assist in determining
which types of uses are suitable for which types of trails. However, even if strictly applied, the guidelines do not
support the closure of all trails less than four feet wide, nor all single track trails. The guidelines recognize that
there are numerous factors to be considered in determining trail safety and environmental suitability.
In fact, these guidelines include an extensive list of measures (limitations, modifications, education,
enforcement) that may be applied to allow particular uses on a trail (such as bicycling) that might otherwise be
deemed unsuitable. Again, let me say that our policy and philosophy is to make every effort to accommodate all
types of low-intensity recreational uses on the preserves, including mountain bikes when used in compliance with
District regulations.
Another important piece of information that I'd like to pass along: the District recently approved the
purchase of two radar units, which will be put into use in April. For an initial period of several months, the
equipment will be used primarily for educational and informational contacts. After training is complete, rangers
will concentrate their enforcement efforts where there are reports of prevalent excessive speed or a history of
accidents. The radar equipment will include display boards indicating the speed at which the trail user is
travelling.
i
March 15, 1994
Page -2-
Your customers may be interested to know that a number of measures aimed at reducing trail use conflicts
were developed during the process of producing the District's Trail Use Guidelines and Mitigation Measures.
These measures will continue to be in place along with the use of radar, and include:
- wide distribution of the District's "Sharing The Trails" etiquette and safety brochure;
- outreach and information distribution to bicycle, hiking and equestrian equipment retail stores;
- a volunteer trail patrol program consisting of volunteers on bicycle, horse and foot at the preserves
making education/information contacts with visitors; and
- improved signing and site maps
- a Ranger Bicycle Patrol Program, putting several rangers on mountain bikes to provide higher visibility,
increased opportunities for educational contacts with visitors, and enabling rangers to cover more miles
of patrol area in less time than on foot.
It is hoped that all of these measures, when used together, will play a significant role in educating and
informing all of our visitors as to appropriate trail use, etiquette, and protocol, and will provide for safe use and
the protection of District lands.
In the interest of promoting further communication with the mountain bicycling community, I'd like to
suggest that the District install a small plastic "take-one" box in your store, which we will stock with our
"Sharing the Trails" brochure, as well as the occasional notice of a trail use workshop or public hearing. It's
important that interested individuals have the opportunity to become involved in the District's decision-making
process, and you would be doing your customers a great service by providing them with timely District
information. Feel free to contact me or Malcolm Smith at our office if you'd like further information. Malcolm
will call you within a week or so to see if you're interested arranging for the container to be installed.
Thank you for the opportunity to provide these facts, and I'm hopeful that you can make them available
to your customers and others who are interested in accurate information on the actions being taken by the Open
Space District.
Sincerely,
L. Craig Britton
General Manager
cc: Board of Directors
SPACE
St. Patrick's Alternatives for the Community & Environment
450 Santa Monica Avenue
Menlo Park, CA 94025
March 1 , 1994
Dear Friend
In the midst of winter, the green fields and gracious oaks of St. Patrick's shrouded with
morning fog remind us that we must continue our efforts to sustain this island of nature and
beauty. This rare open space is the result of thousands of years of uninterrupted nature, a legacy
that could suddenly perish without our continued efforts. Your help is needed to raise sufficient
funds to appeal last summer's decision that upheld the Vintage Oaks development plan to build
145 homes on 46 acres, thereby destroying forever the last significant piece of urban open space
on the flatlands of this peninsula. The upcoming appeal is our final chance in the courtroom, and
we need your financial support to win. Only then can we focus our efforts towards acquisition of
the land for open space.
Appeal Update
The SPACE appeal was filed in January, putting into motion our last chance to overturn the
San Mateo County Court's two-sentence decision upholding the project. It is moving forward as
expected through the San Francisco Court of Appeals with a hearing anticipated by the end of
summer. This court has a history of supporting grassroots efforts such as ours, and our attorneys
are optimistic about our chances for success.
Amicus Brief
With us in court will be two influential environmental groups, the Sierra Club (Loma Prieta
Chapter) and the Committee for Green Foothills, who have agreed to sponsor an Amicus Brief
supporting our cause. Their "friend of the court" brief emphasizes the need to protect urban
open space and the regional value of this particular parcel. The support of these organizations
adds legal and strategic potency to our appeal.
Fundraising Status
SPACE's last fundraising drive, including the magnificent event held last September, was
successful in collecting about half of what is needed to cover the costs of our appeal. We were
thrilled at the outpouring of support from community members who had not supported us
financially in the past, as well as a single gift that underwrote the expenses of the event. With
your help, the St. Patrick's land with its unique ecosystem and abundant wildlife, can be saved as
open space.
This is Our Last Chance
The briefs and responses that will be written and argued in the months to come are our
final opportunity to halt the Vintage Oaks development using the legal system. We need your
help. Please give generously to the SPACE Legal Fund. Your financial support is absolutely
necessary to ensure that this appeal will be heard by the Court of Appeals. Please make your tax-
deductible check out to the Sierra Club Foundation with the note "SPACE Legal" on the memo
line. Send or deliver to 450 Santa Monica Avenue, Menlo Park, CA 94025.
With thanks and appreciation,
SPACE Executive Committee
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
For hnmediate Release Contact: Malcolm Smith
March 22, 1994 Public Affairs Manager
(415) 691-1200
OPEN SPACE DISTRICT SECURES STATE GRANT FOR WINDY HILL PUBLIC ACCESS
Los Altos, CA — The Mid peninsula Regional Open Space District has received a $132,000
state grant to improve public access to its Windy Hill Open Space Preserve. The Land and Water
Conservation Fund Program grant provides funds for about one-half the cost of the project, which
includes development of a 50-car parking area; a wheelchair-accessible trail, a wildlife viewing
platform above au al Pond, a restroom, and a new trail connection to the Bay Area Ridge Trail.
The project is located at the foot of Windy Hill, adjacent to Portola Valley Road
approximately I mile west of its intersection with Alpine Road. Currently, the only parking area
with access to Windy Hill is on Skyline Boulevard. This project will provide people with much-
needed local access from the urban areas to the grassy ridges and cool forests of Windy Hill, one of
the District's most popular preserves. The new parking area will allow visitors to avoid the steep
winding drive up to Skyline Boulevard. In fact, San Mateo County Transit provides service to
within 500 feet of the new staging area.
"This project is the result of years of work between the District and the Town of Portola
Valley," said Betsy Crowder, District Director for Ward 6, which includes the project area. "Our
hard work and the successful grant application now give us the opportunity to move forward with
plans for this public access improvement." The project is expected to be completed in 1995.
The Midpeninsula Regional Open Space District, extending from the Town of Los Gatos to
the City of San Carlos, is a public agency which owns and manages over 36,000 acres of diverse
open space in 23 open space preserves.
(more)
330 Distel Circle * Los Altos, California 94022-1404 * Phone: 415-691-1200 0 FAX:415-691-0485 0
Board of Directors:Pete Siemens,kobert M(Kibbin, leena Renshaw,Ginny Babbitt,Nonette fianko,Betsy Crowder,Wim de Wit
Funding is provided by a small share of the annual total property tax revenues collected
within District boundaries. District lands provide permanently protected wildlife habitat, natural
resources, watershed, and a variety of ecosystems, and are available for passive recreational use by
the public. The District's goal is to acquire a continuous greenbelt of protected open space lands for
public use and enjoyment. There are approximately 20,000 - 30,000 acres of land still at risk of
being lost to development within the District's planning area.
The District is divided into seven geographic wards, each represented for a four year term by
an elected Board member, The Board holds public meetings on the second and fourth Wednesdays
of each month at 7:30 p.m., at the District offices.
Open Space
.gyp L�r 1�
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
FROM: C. Britton, General Manager
DATE: March 18, 1993
SUBJECT: FYI
330 Distel Circle • Los Altos, California 94022-1404 Phone: 415-691-1200 FAX: 415-691-0485
Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit
STATE OF CALIFORNIA—RESOURCES AGENCY PETE WILSON,Governor
DEPARTMENT OF PARKS AND RECREATION
P.O.BOX 942896
SACRAMEN(91V021570 �J
MAR 17 1994
MAR 1 5 1994
Mr. Craig Britton
Acting General Manager
Mide ninsula R.O.S.D.
P
330 Distel Circle
Los Altos, California 94022-
Attn: Randy Johnson
Dear Mr. Britton:
Windy Hill Open Space Preserve Development
We are pleased to inform you that your grant request for the above project has been
selected for funding from the 1993/94 Fiscal Year Land and Water Conservation Fund (LWCF)
Program in an amount up to $132,080.
Your project will assist in meeting California's pressing need for additional park and
recreation areas. We congratulate you on your timely efforts in this matter.
Because it is in the best interest of the LWCF Program to expend grant funds and
accelerate project completion, we are continuing our policy of imposing a deadline for submission
of construction plans and specifications. Accordingly, plans and specifications must be submitted
to this Department, Local Services Section, by September 1, 1994.
Although you may proceed with the preparation of plans and specifications immediately,
you are cautioned not to begin advertising for bids or construction until you have received
authorization to proceed from the State.
Enclosed is a copy of Instructions for Undertaking a Development Proiect to assist you in
preparing the required documentation and implementing your project.
Again, our congratulations to you and your agency for submitting a successful project
application.
Sincerely,
Donald W. Murphy
Director
Enclosure
I
Open Space
MIDPENIN LA REGIONAL P SU EGONAB OPEN SPACE DISTRICT
FOLLOW-UP ACTIONS AND PROJECTS
BASED ON JANUARY 1994 GOALS AND OBJECTIVES WORKSHOP
(Adopted by Board of Directors March 9, 1994)
1. ANNUAL PRIORITIES
a. Create a generic chart showing opportunities for input at each stage of the
process.
Primary responsibility: Planning Manager; review by planning staff and
management team.
Action: Site emphasis and overall priorities charts completed. Use and management
plan-site and project specific chart to be prepared.
Completion date: April 1994
I
b. Revisit public notification policies.
Primary responsibility: Board, staff, and public.
Action: Assign to Legislative, Finance, and Public Affairs Committee for review of
methods for inclusion, outreach, and notification of affected people,
particularly for use and management plans.
Completion date: August 1994
c. Continue to use workshops to get Board and public input.
Primary responsibility: Staff, Board, and public.
Action: Schedule to solicit input.
Completion date: On-going
2. SHORT-TERM GOALS AND OBJECTIVES/STRATEGIC PLAN REVISION
a. Revise short-term goals in context of revisions of the Strategic Plan for the
Nineties after the hiring of the new general manager.
Primary responsibility: Board, staff, and public.
Action: Assign to Administration and Budget Committee for initial drafting prior to
full Board consideration.
Completion date: March 1995
B
330 Distel Circle Los Altos, California 94022-1404 * Phone: 415-691-1200 - FAX: 415-691-0485
Board of Oirectors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko, Betsy Crowder,Wim de Wit
R-94-26 Page 2
3. FUTURE STAGING AREAS AND IMPROVEMENTS
a. Create an overlay map showing existing and planned staging areas and
improvements.
Primary responsibility: Planning staff.
Action: Prepare overlay map.
Completion date: May 1994
b. Review with the Board desired and planned improvements to study potential
long-term or ultimate build-out of improvements.
Primary responsibility: Staff, Board, and public.
Action: Review built, planned, and desired improvements and develop a plan for
prioritization of sites (including acquisition) and allocation of funds to these
improvements within desired timeliness. Address operation costs and
acquisition tradeoffs. Assign to Use and Management Committee for initial
review prior to review by full Board.
To committee for review by October 1994
4. APPROACHES AND INFORMATION NEEDED FOR ASSESSMENT OF
POTENTIAL ACQUISITION PROJECTS
a. Provide the Board with various types of information important to them in
setting priorities on individual acquisition projects within the balance of
sometimes competing goals such as impact on finances; long-term
projections of finances; clear picture regarding options and other methods of
securing open space and how these methods will work in future in terms
of the District's financial situation; cumulative financial impact of
acquiring options; impact on operations and management, including
staffing and increases in costs; list of criteria used to evaluate the
property; and long-term projections on trail system and collaboration
with surrounding agencies, as appropriate.
Primary responsibility: Staff.
Action: Provide Board with information needed to assist them in their decision
making process. Possible study session on the various methods of securing
open space lands.
Completion date: On-going.
I
R- 4-2 9 6 Page 3
I
b. As part of budget process, and on an annual basis, provide the Board with a
"big picture" of District's finances.
Primary responsibility: Staff, Controller, and Administration and Budget
Committee.
Action: Provide Administration and Budget Committee with multi-year
information/scenarios on District's long-term finances as part of budget
formulation review process; relay information to full Board as part of budget
presentation.
Completion date: On-going on annual or more frequent basis as requested.
5. PATROL AND MAINTENANCE ACTIVITIES
a. Initially schedule a two-hour study session to discuss District's enforcement of
rules and regulations, efforts to resolve trail use conflicts, and level of patrol
and maintenance activities.
Primary responsibility: Board, staff, and public.
Action: Schedule a two-hour study session in September that includes an update
of the trial radar program. Based on discussion, survey of field staff,
additional study sessions, a separate workshop, or follow-up reports from
staff may Y be necessary.
Completion date: December 1994
6. MISSION STATEMENT AND DEFINITION OF THE GREENBELT
i
a. Charge Use and Management Committee and staff to draft a District mission
statement for Board consideration. Inclusion of a definition of the greenbelt
would also be part of charge to the committee.
Primary responsibility: Use and Management Committee, Board, staff and public.
Action: Discuss and draft possible wording of a mission statement and definition of
the greenbelt at committee level in preparation for a Board workshop or
study session.
Completion date: Committee work begin in June. Hold Board workshop or study
session after completion of committee work. Complete in preparation for
Basic Policy discussion.
i
R-94-26 Page 4
7. BASIC POLICY REVIEW
a. Schedule initial review the Basic Policy following completion of greenbelt
definition to determine if any changes are necessary.
Primary responsibility: Board, staff, and public.
Action: Have initial review of policies following completion of greenbelt definition.
Schedule additional reviews if necessary. Discussion of mission statement
will also lay groundwork for review of the Basic Policy.
Completion date: December 1994.
8. DESIRED RECREATIONAL OPPORTUNITIES AND FACILITIES
a. Survey members of the public to determine the types of recreational
opportunities and facilities they would like the District to provide.
Primary responsibility: Staff, Board, and public.
Action: Include in future polling survey questions about whether the District needs
to provide a wider variety of recreational opportunities than is currently
provided and whether the District should develop facilities for use by the
general public like equestrian centers, additional interpretive/nature study
centers, hikers' huts, youth hostels, etc. Assign to Use and Management
Committee for review of results and recommendations for Board
workshop/study session on future actions the District should consider.
Completion date: Survey to be completed by August 1994.
9. HISTORIC SITES AND BUILDINGS
a. Review alternatives for improving and managing historic sites and buildings.
Primary responsibility: Board and staff.
Action: Assign to Acquisition and Enterprise Committee to determine various
methods/options to manage historic sites and buildings.
Completion date: On-going; summary to committee by September 1994.
R-94-26 Page 5
10. NATURAL RESOURCES PROTECTION AND RESTORATION
i
a. Update the Board on District activities focusing on natural resources j
protection and restoration.
Primary responsibility: Staff.
Action: As part of the resource management policy document, continue working with j
the Use and Management Committee and present a written report to the Board
as an informational item on District activities focusing on natural resources
and restoration. Follow-up assignments to staff and Use and Management
Committee may result from report.
Completion date: Policy and implementation measure recommendations to Board by
June 1994. Update and implementation on-going.
11. INTERAGENCY COMMUNICATION AND JOINT PLANNING
a. Update the Board on District activities focusing on interagency communication
and joint planning.
Primary responsibility: Staff.
Action: Present a regular written informational reports to the Board summarizing
current District activities, focusing on interagency communication and joint
planning. Follow-up assignments to staff and appropriate Board
committee(s) may result from the reports.
Completion date: Written informational reports starting in April 1994; on-going.
12. RELIANCE ON GRANT FUNDING FOR MAJOR DEVELOPMENT PROJECTS
a. Continue to rely on the availability of grant funds for major development
projects.
Primary responsibility: Board and staff.
Action: Continue to address the need to rely on the availability of grant funds for
major development projects in terms of the Strategic Plan the site emphasis
J p P J g � P
planning process, District funding explanations/workshops, and the budget
formulation process.
Completion date: On-going.
13. COMMUNITY OUTREACH AND PUBLIC AFFAIRS ACTIVITIES
a. Continue to build on public affairs activities to expand and continue outreach
to a wider public audience.
Primary responsibility: Staff, Board, and public.
Action: Continue implementation of the public affairs plan in order to increase
community outreach and the positive perception of the District in the
community, as well as with other agencies and organizations.
Completion date: On-going.
R-94-26 Page 6
14. DISTRICT'S ROLE IN STATEWIDE OPEN SPACE ISSUES
a. Continue to evaluate the appropriate role for the District in statewide open
space issues.
Primary responsibility: Staff and Board.
Action: Assign to Legislative, Finance, and Public Affairs Committee to determine
the appropriate role for the District to take on various statewide open space
issues, taking into consideration specific issue and its potential impact on the
L-1
District.
Completion date: On-going.
15. OTHER WORKSHOP FOLLOW-UP
a. Revisit the nine statements in the survey where there was Board agreement to
make certain that all Board members interpreted the statements in the same
way.
Primary responsibility: Board, staff, and public.
Action: Schedule a one-hour study session prior to the start of a Board meeting in
April or May to begin reviewing these statements. If necessary, additional
study sessions nlay need to be scheduled and/or follow-up assignments may
be made to appropriate Board cornmittee(s).
Completion date: Will depend on results of study session in April or May 1994.
. ..........
Open Space
March 7, 1994 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Malcolm Gaissert
Editor, The Flat Tyre
Western Wheelers
942 B La Mesa Terrace
Sunnyvale, CA 94086-2441
Dear Mr. Gaissert:
I'd like to thank the Western Wheelers and The Flat Tyre for providing a forum for information
on the public lands managed by the Midpeninsula Regional Open Space District. Responsible publication
of accurate information is of great value to all the District residents who contribute a portion of their
property tax to preserve and maintain these public, unspoiled open space lands.
Regarding an article by Glenn Wegner in your March 1994 issue about mountain bike
regulations, I'd like to provide some additional information. The District recently approved the purchase
of two radar units, which will be put into use in April. For an initial period of several months, the
equipment will be used primarily for educational and informational contacts. After training is complete,
rangers will concentrate their enforcement efforts where there are reports of prevalent excessive speed
or a history of accidents. The radar equipment will include display boards indicating the speed at which
the trail user is travelling.
The District's Trail Use Guidelines, which your article mentioned, were developed over a three
year period with continual input from visitor groups representing hikers, bicyclists, and equestrians. The
result is a set of guidelines that will assist in determining which types of uses are suitable for which
types of trails. Even if strictly applied, the guidelines do not support the closure of all trails less than
four feet wide, let alone all single track trails. The guidelines recognize that there are numerous factors
to be considered in determining trail safety and environmental suitability.
The article failed to point out that these guidelines include an extensive list of measures
(limitations, modifications, education, enforcement) that may be applied to allow particular uses on a
trail (such as bicycling) that might otherwise be deemed unsuitable. In light of the actual content of the
Trail Use Guidelines, it is inaccurate to say that the District's eventual goal is the "...total elimination
of bike use in all of the preserves." That statement, quoted from your article, is inconsistent with our
policy and philosophy of trying to acconunodate all types of low-intensity use. I have enclosed a copy
of those guidelines which I hope you will take the time to review.
In fact, as I'm sure you are aware, the District allows mountain bicycles on a greater variety of
its trails than any other Bay Area park or open space district and has long been supportive of
accommodating multiple trail uses. With steady increases in all uses, it is the District's responsibility
to actively manage public use and enforce its land use regulations. It is through individual compliance
with regulations that the District can best ensure a safe and enjoyable experience for all visitors, as well
as the protection of the natural environment of the public open space lands.
330 Distel Circle • Los Altos, California 94022-1404 * Phonv: 415-691-1200 • FAX:415-691-0485
floaol of(hectors.Pete siemens,Robert M(Kibbin, Tcena f IenshaGv,(Irony Babbitt, Nonette Hanko, Betsy Crowder,Wim de Wit
March 4, 1994
Malcolm Gaissert
Page -2-
The issue at El Corte de Madera Creek Open Space Preserve arose when we discovered that
some undesignated trails were being re-established and in some cases illegally being cleared of
vegetation for such use. We are not just "claiming" resource damage, there is ample evidence of such
damage. The District's Basic Policy states that our responsibility for protection of the environment is
our most important function. As your article points out, El Corte de Madera has been abused and
decimated by past logging and motorcycle use. It is our goal to restore this preserve while still allowing
an acceptable level of public recreational usage. While this may mean closing a number of undesignated
trails, it may also mean converting some of them to designated trails and building some new trail
connections. In any case, there is no intent, as your article states, to enforce closure of all single track
trails at El Corte de Madera.
Your readers may be interested to know that a number of measures aimed at reducing trail use
conflicts were developed during the process of producing the District's Trail Use Guidelines and
Mitigation Measures. These measures will continue to be in place along with the use of radar, and
include:
- wide distribution of the District's "Sharing The Trails" etiquette and safety brochure;
- outreach and information distribution to bicycle, hiking and equestrian equipment retail
stores;
- a volunteer trail patrol program consisting of volunteers on bicycle, horse and foot at the
preserves making education/information contacts with visitors; and
- improved signing and site maps
- a Ranger Bicycle Patrol Program, putting several rangers on mountain bikes to provide
higher visibility, increased opportunities for educational contacts with visitors, and
enabling rangers to cover more miles of patrol area in less time than on foot.
It is hoped that all of these measures, when used together, will play a significant role in
educating and informing all of our visitors as to appropriate trail use, etiquette, and protocol, and will
provide for safe use and the protection of District lands.
Thanks for the opportunity to provide this information, and I'm hopeful that you will be able
to reprint this letter in The Flat Tyre so that this issue is clarified for your readers.
Si rely,
L. Craig Britton
Acting General Manager
cc: Board of Directors
Glenn Wegner, Western Wheelers
Open Space
March 10, 1994 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Mr. Mark Simon
San Francisco Chronicle
888 Villa St. #420
Mountain View, CA 94041
Dear Mr. Simon:
Thank you for helping to publicize the upcoming use of radar on trails managed by the Midpeninsula
Regional Open Space District ("District 'fakes Aim At Bikers," 3110). However, I must take exception to
some of your characterizations, and correct some errors of fact.
First, you incorrectly state that Midpeninsula Regional Open Space,.District trails have "...no
" ' ' ' s is not a statement that.i made. As I pointed out to
••ess or use... I hrs is not the case and c
restrictions on access
you, of die over 200 miles of trails we maintain, approximately 80 - 90 percent are accessible to mountain
bikes. For all trails and all trail uses, there are rules and regulations governing use. In addition, the District
does have regulations restricting many kinds of activities including off-trail use, one-way trails, walk-only
sections, unsafe operation, and many others.
Secondly, you erroneously attribute to rue the characterization that "...bikers hate the hikers and the
hikers hate the bikers. I did not make drat generalization. What I said was that we have received numerous
cony Taints from all user groups -- hikers complaining about bikers, bikers commenting about equestrians,
I
equestrians criticizing bikers, etc. The fact of the matter, which was noted in my February 11 press release,
is that we have actually brought together all these user groups over the last few years in the spirit of
cooperation and trey have worked together to develop trail use guidelines that will help to accomm
odate all
trail users.
It is.unfortunate that your story misrepresented the situation on our trails. The result Was a distortion
of the facts -- in reality, there is no "Ilatfield-McCoy" war going on, the different user groups do not hate
each other but in fact are trying to cooperate, and the District trails do indeed have restrictions on use and
access.
In the future, I'll be sure to clarify and further explain our policies and activities in order to avoid
these kinds of distortions and misinterpretations.
Sincerely,
vl�
Malcolm Smith
Public Affairs Manager
MS/nhcs
cc: Daniel Rosenheim, Managing Editor
330 Distel Circle • Los Altos, California 94022-1,104 Phone: 415-691-1200 FAX,415-691-0485
Board(if Uiredors:Pele Siemens,Roherl Mi Kihhin, term I k•nshay,GI inny 8ahhill,Nonette Hanko,Betsy Crowder,Wim de Wit
Open Space
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
For Immediate Release Contact: Malcolm Smith
March 10, 1994 Public Affairs Manager
(415) 691-1200
OPEN SPACE DISTRICT BOARD SELECTS NEW GENERAL MANAGER
Los Altos, CA — After a six-month application, screening, and interviewing process, the
Board of Directors of the Midpeninsula Regional Open Space District has selected Mr. L. Craig
Britton as the District's new general manager. Mr. Britton, currently the acting general manager and
land acquisition manager for the District, will replace Herb Grench, who retired last year after 20
years as general manager.
Mr. Britton has been with the District as land acquisition manager for the past 16 years, and
has been acting general manager since April of 1993. Bringing a wealth of experience and
knowledge to the position of general manager, Mr. Britton is largely responsible for the land
negotiations which have resulted in the District's acquisition of over 36,000 acres of unspoiled open
space in the mid peninsula region. "My primary focus will be long-term planning and strategy for the
next 20 years of the District's open space programs," said Mr. Britton. With economic
uncertainties at the state and local levels, it's critical that we take action now to protect our long-
term funding, while at the same time bringing fresh, new ideas and concepts to resolve the District's
everyday operational issues. I look forward to working closely with the Board in redefining and
carrying out our mission for the next 20 years."
Ginny Babbitt, President of the District's Board of Directors, said, "Craig knows the
District, knows very well the issues facing us, and has the creative ability to help us find solutions
to the obstacles of today, and the future. He is highly motivated by his commitment and dedication
to open space preservation, which has already contributed to the great success of the District."
(more) -
330 Distel Circle - Los Altos, California 94022-1404 # Phone: 415-691-1200 * FAX:415-691-0485
Board of Directors:Pete Siemens,Robert McKibbin,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit
To solicit candidates for the position of general manager, the District utilized the services of
an executive search firm, and a total of 65 applications were received. That number was pared-down
P
to 24 by the search firm, and the Board interviewed six finalists. The two final candidates, including
Mr. Britton, were interviewed on an individual basis by Board members and managers of the
District.
The Midpeninsula Regional Open Space District, extending from the Town of Los Gatos to
the City of San Carlos, is a public agency which owns and manages over 36,000 acres of diverse
i
open space in 23 open space preserves.
Funding is provided by a small share of the annual total property tax revenues collected
within District boundaries. District lands provide permanently protected wildlife habitat, natural
resources, watershed, and a variety of ecosystems, and are available for passive recreational use by
the public. The District's goal is to acquire a continuous greenbelt of protected open space lands for
public use and enjoyment. There are approximately 20,000 - 30,000 acres of land still at risk of
being lost to development within the District's planning area.
The District is divided into seven geographic wards, each represented for a four year term by
an elected Board member. The Board holds public meetings on the second and fourth Wednesdays
of each month at 7:30 p.m., at the District offices.
I
I
WASHINGTON OFFICE:
NORMAN Y. MINETA 2221 RAYBURN HOUSE OFFICE BLDG.
MEMBER OF CONGRESS WASHINGTON.DC 205 1 5-05 1 5
15TH DISTRICT,CALIFORNIA TELEPHONE(202)225-2631
DEPUTY WHIP Congress of the united �5tatcs DISTRICT OFFICE:
1245 SOVTH WINCHESTER BOULEVARC
SUITE 310
3963
CHAIRMAN tiouse of 'RepreuntadDES TAN JosE. (4 9)984-6045
TELEPHONE(408)984-6045
PUBLIC WORKS AND
TRANSPORTATION COMMITTEE SANTA CRUZ COUNTY:
WaShington, DOE 205)JC—051 J` TELEPHONE(408)438-4819
SUBCOMMITTEES: TDD NUMBER(408)984-5409
AVIATION
ECONOMIC DEVELOPMENT
INVESTIGATIONS AND OVERSIGHT January7 1994
PUBLIC BUILDINGS AND GROUNDS
SURFACE TRANSPORTATION
WATER RESOURCES
Brig. Gen. Milton Hunter
Division Engineer
South Pacific Division
U.S. Army Corps of Engineers
630 Sansome Street, Room 1240
San Francisco, California 94111
Dear Brig. Gen. Hunter:
I am writing to inquire about the status of the toxic clean-up of the former Almaden
Air Force Station located on Mount Umunhum.
This site was purchased in 1986 by the Midpeninsula Regional Open Space District
as the Sierra Azul Open Space Reserve. In 1991,the eligibility assessment, or Inventory
Project Report, was approved under the Defense Environmental Restoration Program.
Despite that approval and the subsequent receipt of funds and authority to perform a detailed
survey and report on hazardous or toxic sites on this property in February of 1992, no
action appears to have been taken by the Corps of Engineers to begin this process. In fact,
it is my understanding that the funding that was designated for this project has been
withdrawn and diverted to another project.
The Sierra Azul Open Space Reserve was designed to provide the public with an area
for recreational use and enjoyment. It is essential that for this vision to be realized, funding
must be provided and work ►nust begin. 1 strongly urge the Corps of Engineers to take the
necessary steps to begin the process of cleaning up this site, and would appreciate any
information you have regarding the status of this effort.
Thank you for your attention to this matter.
'ncerely y,
NORMAN . MINETA
Member of Congress
NYM:mm
P
PRINTED ON RECYCLED PAPER
.i
i
DEPARTMENT OF THE ARMY
T SOUTH PACIFIC DIVISION, CORPS OF ENGINEERS MAR p 31994
630 Sansome Street,Room 720
San Francisco, California 94111-2206
REPLY TO
ATTENTION OF: FEB 0 3 1994
Construction-Operations Directorate
Congressman Norman Y. Mineta
House of Representatives
Washington, DC 20515-0515
Dear Congressman Mineta:
I am writing this letter in response to your letter of
January 7, 1994 . In that letter you inquired about Defense
Environmental Restoration Program (DERP) work to be done at the
former Almaden Air Force Station on Mount Umunhum, near the town
of Los Gatos, California.
I'm certain that you are aware that a significant amount of
the DERP funds last year were redirected for the emergency
cleanup of the chemical warfare and unexploded ordinance
contamination found at the Spring Valley site in Washington D. C.
As a result, the routine tank removal program was severely
impacted. The Almaden Air Force Station project you referred to,
happened to be one of the many containerized hazardous, toxic
waste (CON/HTW) projects that was held over.
During a telephone conversation on June 16, 1993 ,
Mrs . Pedersen, the project' s Technical Manager (Sacramento
District)
trict informed Ms Annette Coleman of the Midpeninsula
Regional Open Space District of the fact that we fully expect
this project to be funded for "construction" in FY94 .
The Sacramento District has an underground storage tank
removal project at the former Alamaden Air Force Station
(on Mount Umunhum) scheduled for 1994 in the National Defense
Sites (DERP-FUDS) FY94 workplan. If funds are provided, we plan
to award a contract for, this project during the third quarter
(April - June 1994) .
If you need further information regarding this project,
please contact Mr. Anthony Mei of my staff at (415). 705-1468 .
Sincerely,
Milton Hunter
Brigadier General, U.S. Army
_>
Division Engineer
.� I
Open Space
P
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
March 14, 1994
Honorable Norman Y. Mineta
Member of Congress
2221 Rayburn House Office Bldg.
Washington, DC 20515-0515
Dear Cong5 Oman Mineta:
Thank you for providing us with a copy of your January 7 letter and the response from
the U.S. Army Corps of Engineers regarding the status of the toxic clean up at the former
Almaden Air Force Station. Your assistance in requesting that this project be expedited is much
appreciated.
To follow up on the Brig. General's status report, the District was informed earlier this
month that the Corps' initial site review was complete and that they expect to execute the
contract for removal of underground vessels, fuel lines, transformers, and drums by this
summer. Clean up of the power plant building is expected to occur under separate contract next
year. We were told that any soil contaminants and related clean up is still to be determined and
scheduled at a later date.
Again, thank you for your efforts in seeing that this project finally gets underway. We'll
be sure to keep you informed of any changes in the,status of the clean up.
Sincerely,
Pe
Siemens, Vice President
Bc rd of Directors
PS/mcs
cc: Board of Directors
330 Distel Circle • Los Altos, California 94022 1404 Phone: 415-691-1200 FAX:415-691-04135
Board of[)irertors:Pele Siemens,Robcrl Mc Kibbin, l eena I hrnshaw,(pinny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit
Claims oo. 94-06
Meeting 94-10
Date: Mar. 23, 1994
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
---- ------ ------- ------ ---- ------- ---------- --------
5524 225.00 Aaron's Septic Tank Service Sanitation Services
5525 302.29 Acme & Sons Sanitation Sanitation Services
5526 193.00 Baron Welding & Iron Works, Inc. Tractor Hitch
5527 534.80 Bay Area Floors Carpet Installation
5528 150.00 Bay Hydraulics, Inc. Equipment Repair
5529 350.00 Bee Industrial Supply Trailer Equipment
5530 151.55 Best Sanitation Sanitation Services
5531 996.11 Lee Buffington, San Mateo County Property Taxes
5532 25.00 California Parks & Recreation Society Resource Document
5533 222.58 California Water Service any Water Service
5534 14.44 Capitol Enquiry Inc. Resource Document
5535 255.55 Cascade Fire Equipment Company Equipment Parts
5536 89.69 Sheryl Marioni Cochran Private Vehicle Expense
5537 153.72 Annette Coleman Reimbursement--Rods for Amex
5538 3,518.13 Corporate Design Strategies Fact Sheet and Sign Preparation
5539 2,455.11 Craftsman Printing Printing--Environmental Poster
5540 6.00 Crest Copies, Inc. Bluelines
5541 75.62 Alice Cummings Reimbursement--Film and Mailers
5542 400.00 Dennis Danielson Reimbursement--Conference Expense
5543 4,424.27 Decatur Electronics Radar System
5544 59.93 Delrina Computer Software
5545 2,349.01 Design Concepts Brochure Design, Artwork and Layout
5546 111.25 Farrelle Communications Radio Antennas
5547 1,346.93 David B. Fisher Legal Services
5548 145.17 Forestry Suppliers, Inc. Safety and Medical Supplies
5549 22.89 Foster Bros.Security Systems,lnc. Keys and Locks
5550 4,950.00 Robert E. Friday Appraisal Services
5551 600.64 Fry's Electronics Computer Software
5552 45.76 G & K Services Shop Towel Service
5553 1,540.00 Gateway 2000 Office Equipment
5554 34.41 Gibson Studio Slide Production
5555 3,348.72 Sharon Hall Photography Photography--Directors and Preserves
5556 297.70 Harkins Sign Company Sign
5557 15.89 The Home Depot Field Supplies
5558 1,652.50 Huettig & Schram, Inc. Construction Management Services
5559 287.36 Hyster Sales CAxWany Equipment Part
5560 56.28 Independent Business Products Computer Supplies
5561 165.48 Matthew Ken Reimbursement--Ra-nget- Residence
Flooring
5562 94.19 Langley Hill Quarry Base Rock
5563 101.00 Judy Law Reimbursement--Sign Application Fee
5564 279.81 Los Altos Garbage Company Dumpster Rental
128.60 Marin Supply Company Sanitation Supplies
5565 223.00 McGrath RentCorp Temporary Office Rental
5566 95.57 Paul McKowan Reimbursement--Driving Permit and
Plumbing Parts
5567 459.05 Minton's Lumber & Supply Field Supplies
5568 49.90 Moffett Supply Sanitation Supplies
5569 5,000.00 Moody's Investment Service Rating Service
5570 25.00 Motorola Antenna Site Rental
III
Claims Ao. 94-06
Meeting 94-10
Date: Mar. 23, 1994
MIDPENINSUIA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
------------------------------------------------------------------------------------------------
5571 160.00 * 1994 Murphy Awards Entry Fees
5572 4,666.78 Murray & Murray Legal Services
5573 123.87 National Spring Company, Inc. Freight Charges
5574 40.42 Northern Energy Propane Fuel
5575 1,105.00 Stanley Norton First Quarter 1993 Litigation Expense
5576 89.66 Office Depot Office Supplies
5577 687.19 Orchard Supply Hardware Field Supplies
5578 25.00 PACO Quartet Deposit--Volunteer Recognition Event
5579 1,254.35 Pacific Bell Telephone Service
5580 450.00 Pacific Finishings Company Metal Furniture Repainted
5581 390.60 PIP Printing Printing
5582 10.22 Precision Engravers, Inc. Name Badges
5583 149.00 Fred Pryor Seminars Registration--Malcolm Smith
5584 200.00 Michael T. Quane Law Enforcement Training
5585 732.85 Quick Silver Printing Printing
5586 112.50 Thomas Randall Reimbursement--Railroad Ties
5587 32.50 Rayne Water Conditioning Water Service
5588 30.25 Regal Dodge Vehicle Part
5589 844.25 Rich's Tire Service Tires
5590 2,366.64 Roy's Repair Service Vehicle Repairs and Maintenance
5591 5,256.62 Russ Sign Company Signs
5592 17.27 S & W Equipment Company Equipment Repair
5593 29.07 San Jose Mercury News Subscription
5594 1,738.00 Scribner Graphic Press Printing--Spring Newsletter
5595 8.00 Sempervirens Funds Maps
5596 13.18 Service Manufacturing Company Backup Lenses
5597 177.10 Skyline County Water District Water Service
5598 202.30 Malcolm Smith Reimbursement--Local Meeting Expense,
Dues and Private Vehicle Expense
5599 63.45 Southwest Enterprises Field Supplies
5600 71.40 The Stove Works Stove Pipe
5601 33.18 Summit Uniforms Uniform Expense
5602 125.00 Sunnyvale Medical Clinic, Inc. Vaccine and 11MV Required Physical
5603 46.95 Taylor Rental Equipment Rental
5604 111.00 Therma Corporation Equipment Repair
5605 4,476.50 Tomlinson, Zisko, Morosoli & Maser Legal Services
5606 40.17 Toss It Fresh Local Meeting Expense
5607 50.94 University Art Center Drafting Supplies
5608 307.09 Vallen Safety Supply Company Field Supplies
5609 1,735.64 Valley Oil Company Fuel
5610 60.00 Valley Title Company Preliminary Title Report
5611 17.95 WMI Services--Port-O-Let Sanitation Services
5612 182.51 West Coast Rebar Company Rebar
5613 1,695.67 Whitmore, Johnson & Bolanos Legal Services
5614 416.00 Yardbird Sale Company Field Equipment
5615 69.54 The Workingman's Ehiporium Uniform Expense
*Urgent checks issued on March 14, 1994.
_ms No. 94-05
Meeting 94-08
Date: Mar. 9, 1994
REVISED
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
------------------------------------------------------------------------------------------------
5429 16.17 Ace Fire Equipment & Service Company Fire Extinguisher Maintenance
5430 325.00 * Amerian Planning Association Conference Registration--R.Anderson
5431 2,474.00 Arcturus Land Surveying Surveying Services
5432 207.04 AT&T Telephone Maintenance
5433 59.69 Aura Hardwood Lumber, Inc. Lumber
5434 3,000.00 BankAmerica State Trust Company Paying Agent Fees j
5435 36.13 Barron Park Supply Company Plumbing Supplies
5436 200.00 Bettencourt American Landscape Gardener Services
5437 499.57 Birnie Lumber Redwood Posts
5438 795.00 Diane Blackman Reimbursement--Training
5439 15.00 Black Mountain Spring Water Water Service
I
5440 540.00 Dave Bliss Defensive Tactics Training
5441 129.00 Borland Assist Software Support Program
5442 40.45 R. E. Bormann's Steel Company Building Materials j
5443 130.00 California Park and Recreation Membership Dues--C. Britton i
Society
5444 39.64 California Water Service Company Water Service
5445 150.00 1994 Capio Awards Entry Fee
5446 118.62 Clark's Auto Parts/'Machine Shop Vehicle Parts and Maintenance
5447 275.42 Annette Coleman Reimbursement--Field Supplies
5448 93.75 Communications Research Radio Repairs
5449 30.33 Consolidated Plastics Company, Inc. Signs
5450 270.00 Mike Ecdao Defensive Tactics Training
5451 286.09 BLED Company, Inc. Signs
5452 1,539.44 First American Title Guaranty Preliminary Title Report and
Company Title Policy
5453 23.22 Foster Bros.Security Systems,Inc. Keys and Locks
5454 20.49 G & K Services Shop Towel Service
5455 1,094.00 Gateway Title Company Escrow Costs
5456 473.06 Goodco Press, Inc. Printing
5457 9,279.99 Gould Architects Professional Services
5458 387.04 Graniterock Concrete Mix j
5459 1,
000.00 Greenbelt Alliance Membership--Bay Area Open Space
Council
5460 8.92 Herbert Grench Non-Local Telephone Charges
5461 421 .49 Hertz Equipment Company Equipment Rental
5462 176.31 Honeywell , Inc. Alarm Maintenance
5463 1,905.00 Huettig & Schromm, Inc. Construction Management Services
5464 6,716.54 Hughes, Heiss & Associates Professional Services
5465 156.42 International Press Associates Advertisement
5466 709.04 Jeda Publications Brochure Printing
5467 54.95 Emma Johnson Reimbursement---Office Supplies
5468 87.00 Russ Jordan Press Check--Poster Reprint
5469 58.00 Michael Jurich Reimbursement--License Fees
5470 51.21 Keeble & Shuchat Photography Slides and Prints
5471 139.95 Matthew Ken Reimbursement--Uniform Expense
5472 450.00 Konica Business Machines Photocopier Service Agreement
5473 46.30 Konocti Unified School District Resource Documents
5474 151.52 John Kowaleski Reimbursement--Field Supplies
I
*Urgent check issued on March 2, 1994.
i
i
i
I
C` 3 No. 94-05 .
|
. . M. qg 94-08
Date: Mar. Q, 1994 �
REVISED /
MIDP\NlMSUL& K1GlU0AL OPEN SPACE U1S1RlCI |
# Amount Name Description |
__---_____---_---_____-______-_-__________-_-______-________-___________________________________ |
5475 60.64 Lab Safety Supply. Inc. Safety Supplies |
5476 196.89 Lanier Copying Systems Division Photocopier Supplies !
|
5477 60.00 The Last Detail Proofreading--Spring Newsletter^ |
5478 48, 18 Lexington Quarry 8aco Rock /
5479 43.88 NdVbmrter'o Office Supplies |
5480 3,869.25 Merwiu (8unky) Mace Acquisition Consultant |
5481 600.00 Mugaoa'o k4uiuteuuuoe Janitorial Services |
5482 136.50 f(eouetb Miller Reimbursement--Tuition |
5483 10,00 Mule Deer Foundation Wild Pig Workshop Registration--Kerry |
Carlson /
|
� 5484 25.00 Motorola Antenna Site Rent
�
5485 7,307.63 Murray & yurray Legal Services
5486 694.19 Noble Ford Tractor, Inc. Tractor Parts and Repairs
5487 75,00 Nucleus Fast Fashion Uniform Expense
5488 202.80 Pacific Dell Telephone Service |
5480 20.00 Pacific Stihl Training Class Registration--Steve
Covurubbiuo |
5490 88,08 Peninsula Blueprint , Inc. Bluelioes
5491 270,00 Steve Petillo Defensive Tactics Training
5492 267.11 Pitney Bowes Inc. Equipment Rental
5493 20.74 Precision Engravers, Inc. Name Badges
5494 58,24 Patty Quillin Reimbursement--Printing
5405 251.88 Rabbit Copiers, Inc. Equipment Repair
5486 88.94 Rancho Hardware Field Supplies
5497 2,475.39 Doy'm Repair Service Vehicle Repairs and Maintenance
5498 159,18 Safety-Kleeo Corporation Solvent Tank Service
5499 1280,00 Sundis }lu/ober Jones On�iueering Services
5500 72.00 Secretary of State Notary Public Exam Fee--S,Dule
� 5501 39,459,00 8evuo Construction, Inc. Construction--Rancho Ranger Facility |
5502 127.24 Shell Oil Co/oPu»� Fuel
�
^ i
| 5503 1,083.47 Signs of the ?iu/eo Signs \
5504 46.32 Smith Equipment Company Vehicle Part
` |
5505 47.58 Malcolm Smith Reimbursement--Membership Dues
�
| )
5506 802.32 Jana Sokule Consulting Services �
|
5507 67.90 Stanford University-Uaao Center Cbuqgao for Stanford Interns
5508 352,00 Sue 3iuuleY Secretarial Services Temporary Office Help /
� 5509 591 ,31 The Stove Works Stove Pipe for Banger }leoidcnoon |
|
5510 86.36 Taylor Rental Equipment Rental
| 5512 3,401.18 Teuter & Etc. Graphic and Computer 3ervies |
� 5512 350,00 Toltec Inspection Services Inspection and Report
/ 5513 75,78 David Tnp]ey Beimburscuxent--Print and Frame
| 5514 19.28 Unocal Fuel
' 5515 1,495.25 Valley Oil Company Fuel
` 5516 `1'5OG 85 Viking Materials Replacement Windows--Ranger Residence
|
5517 171.52 Wear Guard Uniform Expense �
| 5518 25,88 West Publishing Corporation Resource Documents �
| 5519 94.23 MMI Services: Port-0-Lei Sanitation Services �
| 5520 493.73 The Workingman's Emporium Uniform Expense �
| 5521 252.58 Yar6bird Equipment Sales Field Ec�/ipmmot �
� 5522 320.00 Simultruoe Bpuuiob Translation on Fact Sheets
� 5523 451.48 Petty Cash Office and Field Supplies, Film,
� Local Meeting Expense, Resource
Material and Private Vehicle Expense
|
\
**Urgent o c issued on February 25, 1994.
PRELIMINARY CALENDAR-ACTION PLAN/GOALS AND OBJECTIVES WORKSHOP 3/94
TASK APRIL 94 MAY 94 JUNE 94 JULY 94 AUG 94 SEPT 94 OCT 94 NOV 94 DEC 94 JAN 9S FEB 9S MARCH 95 APRIL 9S
ACOUISITION Summary to
Review alternatives for committee.
improving and managing
historic sites and buildings.
CALPAW(if passes) Action plan
discussion
and
amendment
Enterprise communication 2 hour study
facilities policy. session Sept
or Oct.
Acquisition preservation Workshop
methods. 5/18.
ONGOING
Provide Board with information
important to them in setting
priorities on individual
acquisition projects.
Continue to use workshops to
get Board and public input.
Update Board on District
activities focusing on
interagency communication and
j joint planning.
i
i
II
l
i
PRELIMINARY CALENDAR-ACTION PLAN/GOALS AND OBJECTIVES WORKSHOP 3/94
1
TASK APRIL 94 MAY 94 JUNE 94 JULY 94 AUG 94 SEPT 94 OCT 94 NOV 94 DEC 94 JAN 95 FEB 95 MARCH 95 APRIL 95
PLANNING Completion
Generic chart showing date.
opportunities for input in
planning process.
j Overlay map showing existing Completion
and planned staging areas and date.
improvements.
Review desired or planned To U&M Board review.
improvements to study potential committee.
long-term or ultimate build-out
Of improvements.
Draft mission statement and Review Board review.
definition of the greenbeh. with U&M
committee.
In conjunction with Review Board review.
Administrvfirm,schedule initial with U&M
review of Basic Policy following committee•
completion of greenbelt
definition.
Update the Board on District Policy and
activities focusing on natural implementation
resources protection and measure
restoration(w/Operates). recommendations
to Board.
Resource Policies:review, Committee Boatel
revise,finalize. Meeting. review.
Dog Access Program:review Committee Board
and revise program. meeting. review.
Bl Corte de Madera U&M(first Public Board review.
complex trail element,resource workshop.
management plan).
OING
Continue to use workshops to
get Board and public input.
Update Board on District
activities focusing on
interagency communication and
joint planning.
Continue to rely on the
availability of grant finds for
major development projects.
PRELEMNARY CALENDAR-ACTION PLAN/GOALS AND OBJECTIVES WORKSHOP 3/94
TASK APRIL 94 MAY 94 JUNE 94 JULY 94 AUG 94 SEPT 94 OCT 94 NOV 94 DEC 94 JAN 9S FEB 9S MARCH 95 APRIL 95
PUBLIC AFFAIRS Meet with Completion
Revisit public notification LFPA date.
policies. committee.
Survey public to determine Administer Compile Survey
types of recreational survey. results. results
opportunities and facilities they completed.
would like.
Product annual report. Complete by June
30.
Coordinate Kids'Art of Open Complete
Space. by 11/18.
Conduct community information Start by
meetings. 5/31,then
on-going.
Conduct public event. Complete by
March 31.
Coordinate District efforts on Complete by Jura
CALPAW'94. 7•
VIP Site Tours Start by
May 31.
Complete
Encourage formation of
"Friends of Open Space" by 12/31.
committee.
N* IN�
Continue to build on public
affairs activities and to expand
and continue outreach to a wider
public audience.
Continue to evaluate the
appropriate role for the District
in statewide open apace issues.
Continue lobbying efforts,
primarily aimed at protection of
Di str t fuading.
Update Board on District
activities focusing on
interagency communication and
joint planning.
Continue to use workshops to
gat Board and public input.
PRELIMINARY CALENDAR-ACTION PLAN/GOALS AND OBJECTIVES WORKSHOP 3/94
TASK APRIL 94 MAY 94 JUNE 94 JULY 94 AUG 94 SEPT 94 OCT 94 NOV 94 DEC% JAN 95 FEB 95 MARCH 95 APRIL 95
OPERATIONS Schedule 2- Completion
Study session to discuss hour study date.
enforcement of rules and regs, session;to
efforts to resolve trail use include update
conflicts,level of patrol and on trial radar
maintenance activities. program.
Update the Board on District Policy and
activities focusing on natural implementation
i
resources protection and measure
restoration(wJPlanafiW. recommendations
to Board.
Develop draft special use Committee Committee Board
policies for Board adoption. review of review of adoption of
draft. draft. policies.
Implement computer assisted Completion
maintenance management and date.
special use permit system.
Work with Mt.View/other Negotiate i- Board Implement Work with Board
agencies for continued operation year draft approval of agreement. others to adoption of
of Deer Hollow Farm. agreement w/ proposed insure DHF long-term
MV/SCC. agreement. beyond plan.
6/95.
Explore expansion of docent Complete Prepare draft Committee Committee Board
program to include focused environ.aduc. recommendations. review of review of adoption of
environmental education survey. draft. draft. long-range
program for school kids. plan.
ONGOING
Continue to use workshops to
get Board and public input.
Update Board on District
activities focusing on
interagency communication and
joint planning.
J
PRELIMINARY CALENDAR-ACTION PLAN/GOALS AND OBJECTIVES WORKSHOP 3/94
TASK APRIL 94 MAY 94 JUNE 94 JULY 94 AUG 94 SEPT 94 OCT 94 NOV 94 DEC 94 JAN 95 FEB 95 MARCH 95 APRIL 95
ADMINISTRATION Completion
Revise short-term goals in date.
context of revisions of Strategic
Plan for 90's.
Schedule initial review of Basic Completion
Polic following completion of date•
greenbelt definition
Revisit the 9 statements in the One hour
survey where Board was in study session
agreement to clarify May 11.
interpretation.
Interagency Staff Meeting Mgmt.
retreat with
SCC Parks.
Joint Meting with San Mateo July or
Parks&Roe Commission. August.
CALPAW'94-refocus Begin July.
activities depending on vote.
Contract negotiations with Local Begin 1/95
715.
District elections for Wards Preparation Open Close
1,2,5,6. begins. nominating nominating
period. period.
� QNGOINCi
Continue to use workshops to
get Board and public input.
Provide Board with info on
District's finances.
f Update Board on District
I activities focusing on
interagency communication and
joint planning.
i