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Home My Public Portal About19970312 - Agenda Packet - Board of Directors (BOD) - 97-07 Regional Opel) z „ o MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-07 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS AGENDA* 6:00 P.M. 330 Distel Circle Wednesday Los Altos, California March 12, 1997 (6:00) ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS CLOSED SESSION The Closed Session will begin at 6:00 P.M. At 7:30 P.M., the .Board will adjourn the Special Meeting Closed Session to the conclusion of the Regular Board Meeting, and at the conclusion of the Regular Meeting, the Board may reconvene the Special Meeting Closed Session. 1. Labor Negotiations - Government Code Section 54957.6 A. Conference with Labor Negotiator - Represented Employees Agency Negotiator: Susan Schectman Employee Organization: S.E.I.U. Local 715 B. Conference with Labor Negotiator - Office, Supervisory, and Management Employees Agency Negotiator: L. Craig Britton 2. Conference With Lelral Counsel - Anticipated Litigation - Government Code Section 54956.9(c) Initiation of litigation: One Potential Case 3. Conference With Real Property Negotiator - Government Code Section 54956.8 A. Real Property: Santa Clara County Assessor's Parcel Number: 558- 28-006 Ne og_tiating Parties: John Crocker Under Negotiations: Instructions to negotiator will concern price and terms of payment. 330 Distel Circle I Los Altos, CA 94022-1404 * Phone:415-691-1200 FAX:415-691-0485 E-mail: mrosd @ opensi))ice.org I Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr, David T.Smernoft, Nonette Hanko, Betsy Crowder, Kenneth C. Nitz , General Manager:L.Craig Britton Meeting 97-07 Page 2 B. Real Property: Santa Clara County Assessor's Parcel Numbers: 558- 29-019 Negotiating Parties: David B. Zelhart Under Negotiations: Instructions to negotiator will concern price and terms of payment. (7:30) REGULAR MEETING OF THE BOARD OF DIRECTORS ORAL COMMUNICATIONS -- Public ADOPTION OF AGENDA ADOPTION OF CONSENT CALENDAR -- M. Davey APPROVAL OF MINUTES February 26, 1997 Consent Item March 5, 1997 Consent Item WRITTEN COMMUNICATIONS Consent Item) BOARD BUSINESS 1. Tentative Adoption of Use and Management Plan Amendment for Skyline Ridge Open Space Preserve to Construct Picnic Area for School Groups Participating in the Environmental Education Program at the David C. Daniels Nature Center at Estimated Cost of$3,500 and Determination Project is Categorically Exempt Under CEQA -- M. de Beauvieres, (7:45) 2. Acceptance of Report on the District's 1995-1996 Legislative Program and Adoption of 1997-1998 Legislative Program -- M. Smith 3. Tentative Adoption of the Proposed Amendments to the District's Public Notification Policy -- M. Smith 4. Denial of Claim for Property Damage Filed by Richard J. Bourke -- S. Schectman 5. Adoption of Resolution Authorizing the California Public Employees' Retirement System Pre-tax Payroll Deduction Plan for Service Credit Purchases -- D. Dolan Resolution Authorizing California Public Employees' Retirement System Pre- Tax Payroll Deduction Plan for Service Credit Purchases (Contribution Code 14) 6. Authorization to Contract with Eugene R. Sheehan for $24,200 to Construct the Prospect Road Bypass Trail at Fremont Older Open Space Preserve and Phase II Trail Improvements at El Corte de Madera Creek Open Space Preserve -- M. de Beauvieres Meeting 97-07 Page 3 (7:50) 7. Authorization to Interview Prospective Consulting Firms to Provide Civil Engineer Services on Selected Budgeted Capital Improvement Projects During the 1997-1998 Fiscal Year -- R. Anderson (7:55) 8. Tentative Approval of Use and Management Plan Amendment for Pulgas Ridge Open Space Preserve, Authorization to Enter into a Communications Site Lease and Agreement with Sprint Spectrum, a Limited Partnership, for a Telecommunications Facility Placed on an Existing Pacific Gas and Electric Transmission Tower and Determination Project is Categorically Exempt Under CEQA-- M. Williams (8:05) 9. Approval for the Conceptual Design Revisions for 50-Car Parking Area for Windy Hill Open Space Preserve and Authorization for Staff to Proceed with the Town of Portola Valley's Site Development Permit Process for the Development of the Parking Area -- M. de Beauvieres (8:25) 10. Tentative Adoption of 1996-1997 Action Plan for the Implementation of the Basic Policy of the Midpeninsula Regional Open Space District -- C. Britton (8:35) 11. Presentation of Budget for Fiscal Year 1997-1998 -- C. Britton a) Controller's Report -- M. Foster b) Staff Report -- C. Britton *** 12. Appointment of Grant Thornton as the District's Auditors for the Fiscal Year 1996-1997 at Estimated Fee of$9,300 -- M. Foster (9:05) INFORMATIONAL REPORTS -- Directors and Staff *** REVISED CLAIMS (Consent Item) CLOSED SESSION - (Continued, if necessary) 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 the time each item is considered by the Board of Directors. You may address the Board concerning other matters during oral communications. Each speaker will ordinarily be limited to 3 minutes. Alternately, you may comment to the Board by a written communication, which the Board appreciates. ***All items on the consent calendar shall be approved without discussion by one motion. Board members the General Manager and members of the public may =nest that an item be removed ,from the Consent Calendar during consideration of the Consent Calendar. Meeting 97-07 Page 4 NOTICE OF PUBLIC MEETINGS The Administration and Budget Committee will meet on Monday, March 10, 1997. The meeting will begin at 4:00 P.M. at the District office. The Committee will be reviewing the proposed 1997-1998 fiscal year budget for the District's programs and activities. Regional MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SPECIAL MEETING ADMINISTRATION AND BUDGET COMMITTEE AGENDA 4:00 P.M. Jed Cyr, Chair Monday Kenneth Nitz March 10, 1997 Peter Siemens (4:00) ROLL CALL ORAL COMMUNICATIONS - Public ADOPTION OF AGENDA (4:00) COMMITTEE BUSINESS 1. Follow-up Review of 1997-1998 Proposed Budget for Open Space Planning Program -- D. Woods 2. Follow-up Review of 1997-1998 Proposed Budget for Enterprise Subprogram -- M. Williams 3. Controller's Report -- M. Foster 4. Review of 1997-1998 Operating Expenses in Relationship to the Target Average Six Percent Growth Guideline for Operating Expenses -- C. Britton 5. Fiscal Year 1997-1998 Budget -- Other Pending Issues -- C. Britton (7:00) ADJOURNMENT 330 Distel Circle , Los Altos, CA 94022-1404 1 Phone:415-691-1200 FAX:415-691-0485, E-mail: mrosd@openspace,org a Web site:www.openspa(:e.org Hoard of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, David T.Smernoff, Nonette Hanko, Betsy Crowder,Kenneth C. Nit/ - GenemIA4,imigoi:L.Craig Britton qtiIII JJ ' ' m.w H a MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-05 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS February 26, 1997 MINUTES I. ROLL CALL President Mary Davey called the Special Meeting to order at 7:02 P.M. Members Present: Mary Davey, David Smernoff, Betsy Crowder, Ken Nitz, Jed Cyr, and Pete Siemens. Members Absent: Nonette Hanko Personnel Present: Craig Britton, Sue Schectman, Jean Fiddes, John Escobar, and Deirdre Dolan. II. CLOSED SESSION M. Davey stated that the Board would adjourn to Closed Session for the purpose of discussion Closed Session Agenda Item 1. The Board recessed to Closed Session at 7:05 P.M. and the Closed Session commenced at 7:05 P.M. The Board concluded the Closed Session at 7:25 P.M. and M. Davey called the Regular Meeting to Order at 7:31 P.M. M. Davey said the Board had had a Special Meeting to discuss Agenda Item 1, adding no action was taken. Additional Personnel Present: Malcolm Smith, Annette Coleman, David Sanguinetti, Jodi Isaacs, Julie McCullough, and Brian Malone. III. ORAL COMMUNICATIONS Harry Haeussler, 1094 Highland Circle, Los Altos, asked for clarification of the statement by the Board President regarding the closed session. He was informed that the agenda item 1 mentioned referred to the item on the Special Meeting agenda. IV. ADOPTION OF AGENDA Motion: P. Siemens moved that the Board adopt the agenda. D. Smernoff seconded the motion. The motion passed 6 to 0. V. ADOPTION OF CONSENT CALENDAR Harry Haeussler requested removal of Item 4 from the Consent Calendar. P. Siemens and B. Crowder asked that the response to the Written Communication from Mr. Richard Bourke be removed. B. Crowder asked that the February 18, 1997 minutes be removed. 330 Distel Circle , Los Altos, CA 94022-1404 Phone:415-691-1200 FAX:415-69"1-0485° F-mail:mrosdaopenspace.org Web site:www.openspace.org Board of Director,:Pete Siemens,Mary C.Davey,Jed Cyr, David 1.Smernoff, Nonette Hanko,-Betsy Crowder, Kenneth C. Nitz x Geneml Manager:1.Craig Britton Meeting 97-05 Page 2 Motion: D. Smernoff moved that the Board adopt the Consent Calendar including approval of the minutes of the February 13, 1997 Special Meeting and Revised Claims 97-04. B. Crowder seconded the motion. The motion passed 6 to 0. V. APPROVAL OF THE MINUTES February 18. 1997 B. Crowder requested that the words "for emergency patrol" be removed from the last line on page 5. Motion: J. Cyr moved that the Board approve the February 18, 1997 minutes as amended. D. Smernoff seconded the motion. The motion passed 6 to 0. VI. WRITTEN COMMUNICATIONS Richard Bourke, P. O. Box 7207, San Jose, clarified that he had attended the Santa Clara County Trails Master Plan Committee meetings and would like to see the District comply with the spirit and policy of the plan. S. Schectman said she thought Mr. Bourke's specific question was whether or not the District is obligated to follow various policies and guidelines of the County plan, and she said the District is legally not required to follow the plan, adding that that was not to say that it is inappropriate to use it as a planning and resource document. She said the District cannot control what the County says in reference to the District being an implementer. Mr. Bourke asked if the District was going to follow the plan. M. Davey said that a plan is a guide; while the District supports the plan, it also has a constituency to respond to. Mr. Bourke said he thought the public will be confused regarding the Santa Clara County Trails Master Plan and its relationship to District trails. C. Britton referred to a quote from the plan contained in the written communication response letter which states that jurisdictions other than the County government are not required to follow the polices and guidelines in the plan. Motion: B. Crowder moved that the Board approve the response to the Written Communication from Mr. Richard Bourke. P. Siemens seconded the motion. The motion passed 6 to 0. VII. BOARD BUSINESS Agenda Item No. 1 - RR"uest to California Public Employees' Retirement System (CalPERS)to Divest Itself of its Financial Investment Interest in the Maxxam Corporation - (Report R-97-25) D. Smernoff said he was considering a general resolution regarding this issue but thought this resolution more directly addressed the District's role. He said he hoped this resolution will encourage other agencies to urge CalPERS to divest. B. Crowder said this resolution had her full support and requested that the fifth paragraph of Meeting 97-05 Page 3 the resolution be amended to read, " WHEREAS, while the federal and state governments are attempting . . ." Motion: B. Crowder moved that the Board adopt Resolution No. 97-07 as amended, a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District, Urging the Directors of the California Public Employees' Retirement System to Divest the System of All Financial Interest in the Maxxam Corporation. J. Cyr seconded the motion. Discussion: H. Haeussler said he believed District's employees should be concerned about this resolution. He said CalPERS has hired people to manage its funds. He said by passing this resolution the Board is meddling in the affairs of these financial advisors and he strongly objected. C. Britton said the District is part of Ca1PERS as a policy decision of the Board so the Board is the correct group empowered to make this decision. The motion passed 6 to 0. Agenda Item No. 2 - Acceptance of the Informational Report on the Ranger Bicycle Patrol Program in 1996 - (Report R-97-22) A. Coleman presented the staff report and noted that the draft Bicycle Patrol Procedures was included. In answer to a question from B. Crowder, she said they had not considered using radar on the bicycles, but you can walk with radar. The bicycles are equipped with speedometers. Radar is used with trucks or on foot. In answer to questions regarding the 22 hours of preparation time, A. Coleman said this breaks down to 16 minutes per patrol and might include time for minor repairs and adjustments. D. Smernoff said he thought the time was reasonable and might be a reason there have not been accidents or injuries. A. Coleman said citations are usually issued at the ranger's discretion. They issue more citations on weekends and late afternoons of week days. She said rangers are trained in emergency response, and the hygiene kit mentioned in the report contains rubber gloves, a mask and goggles. She said bicycle patrol is allowed on all trails, including trails that are not open to bicyclists. J. Escobar pointed out that the Bicycle Patrol Procedures are in draft form and thanked A. Coleman for her report and work on the procedures. He said they anticipate having more patrol hours next year. B. Malone said he supports the program and it is a good way to have contact with the public. He said people are very receptive, and the rangers look forward to more hours and asked for the Board's support of the program in the future. H. Haeussler said most dogs on Windy Hill Open Space Preserve are not on leash and he Meeting 97-05 Page 4 wished the rangers would patrol on bicycle at Windy Hill. Motion: D. Smernoff moved that the Board accept the informational report on the ranger bicycle patrol program. J. Cyr seconded the motion. The motion passed 6 to 0. Agenda Item No. 3 - Acceptance of Informational Report on the Use of Radar Program in 1996 (Report R-97-20 D. Sanguinetti presented the staff report. In regard to decisions to issue or not issue citations, he said the rangers try to be consistent as a group and use citations when they feel they will help accomplish their goals. D. Sanguinetti said the radar guns are very accurate and are calibrated annually. D. Smernoff observed that there was a small increase between 1995 and 1996 in the number of those going over 20 mph. He found this encouraging since he believed the increase in ridership was greater than 2%. D. Sanguinetti said it is not safe to use radar on bikes and B. Malone said it works better to walk with radar. He cited the Saratoga Gap Trail as an area where it could be used on foot. B. Crowder said she would like the Use and Management Committee to look at the matter of 30% of riders exceeding the speed limit. Board members indicated they would like to continue to receive the bicycle report as presented this evening, but the radar report could be in chart form as part of their informational packet material. S. Schectman said that from a risk management perspective, staff is hopeful that the radar program will have an impact on avoiding claims by encouraging people to slow down. She noted, however, that there is currently a personal injury lawsuit allegedly caused by radar use. J. Escobar asked that Board members let staff know if there is a particular trail where they feel radar should be used. Motion: P. Siemens moved that the Board accept the informational report on the Radar Program. J. Cyr seconded the motion. The motion passed. 6 to 0. Agenda Item No. 4 - Adoption of Amendment to Windmill Pasture Area of Rancho San Antonio Open Space Preserve Use and Management Plan to Address Parking Issues at Rhus Ridge Road Parking Area - (R� R-97-24). J. McCullough pointed out that Item 6 at the top of page 2 of the staff report should be in bold type to indicate an amendment to the plan. She added that after the staff report was mailed, staff had discussions with another neighbor of the site who was concerned about overflow parking in the meadow and also would prefer expansion of the existing parking area Meeting 97-05 Page 5 by moving the gate and putting the creek into a culvert. M. Davey said she had received several calls expressing mixed reviews of the Board's action. D. Smernoff suggested an addition to Item 10 that when overflow parking area was closed as a result of opening a regional parking area, some restoration work be done on the meadow. H. Haeussler said he was opposed to the temporary parking as it will destroy something that will never be brought back to is original condition. He asked who has jurisdiction regarding the Sheriff issuing tickets and when they were going to do it. He expressed concern as to what effort the District will put into establishing regional parking. J. McCullough responded that the Town of Los Altos Hills contracts with the Sheriff and residents have petitioned to have the private road put under the Sheriffs jurisdiction. As to regional parking, she said staff was uncertain as to when that would happen. M. Davey said the Board has sent a letter to the Town of Los Altos Hills expressing their support of asking the Sheriff to ticket illegally parked cars along Rhus Ridge Road. She said meetings are going on now regarding regional parking. Michael Marshall, Los Altos, said he did not think the action regarding overflow parking was coming this month and he did not understand why the District's implementing temporary parking at this time. He proposed that the Board delay the temporary parking or vote on all but parking beyond the gate and wait to see how the signs and enforcement work. He said he did not think there had been a thorough discussion as stated in the record. He indicated he would be happy to show the Board the meadow area. He expressed concern regarding Items 6 and 10. He said he thought they should take out all signs except the ones stating the rules and add one that said neighborhood access only. J. Cyr said that he wanted it clear that the temporary parking compromise would be linked with the timing of implementation of Sheriff jurisdiction over the private road. Board members indicated that this was their intention as well. As a follow-up, C. Britton said this will not be an easy process. There is a question as to who will pay for the Sheriff patrol and Legal Counsel will look at what the District can do. He read from the public notification policy regarding the procedure for action on items. Motion: P. Siemens moved that the Board adopt the amendment to the Windmill Pasture Area of the Rancho San Antonio Open Space Preserve Use and Management Plan to address parking issues at the Rhus Ridge Road parking area, amended to add wording to Item 10 that the overflow parking site will be restored to improve the habitat quality after other parking becomes available. D. Smernoff seconded the motion. The motion passed 6 to 0. Meeting 97-05 Page 6 VIII. INFORMATIONAL REPORTS B. Crowder reported that the San Mateo County Planning Commission had held the first hearing about the Russian Orthodox Church development plan this afternoon and the matter had been continued. She also reported that she and Jean Rusmore had started on the revision of South ft Trails. She said they had met with Paul Romero, Santa Clara County Parks and Recreation Director and he informed them that a foundation has been formed to support county parks. B. Crowder also stated that the annual PCL Legislative Conference will be held March 15 in Berkeley and she would like to attend. P. Siemens announced that he will be on vacation from April 14 through July 18. D. Smernoff said he had enjoyed hiking the Zinfandel Trail at Picchetti Ranch. J. Cyr said the three-day Special District seminar in Long Beach that he, K. Nitz, and C. Britton attended was well worthwhile. K. Nitz agreed, and they thanked the Board for the opportunity to attend. M. Davey commended M. Smith on the third Annual Kids for Open Space art event. She said she was meeting tomorrow with representatives from Hidden Villa to discuss regional parking. C. Britton reported as follows: 1. There was a note in the Board's packet regarding SB 2 (Thompson); the park bond is hopefully heading for the 1998 ballot. 2. Also regarding legislation, he and M. Smith went to the Legislative and Public Affairs Committee and a summary of the 1996 legislative program and the program for next session will be on the next agenda. 3. He met with Pat O'Brien, General Manager of East Bay Regional Park District, to talk about legislative matters. They had previously talked about the Special Districts Forum which will be in Columbus, Ohio, June 11-14. Mr. O'Brien has offered to host the Forum in 1998 and asked for the District's participation. Board Members should let C. Britton know if they are interested in attending the Forum in June. 4. The annual legislators breakfast will be held in Brisbane on March 22 . B. Crowder said she would attend. IX. ADJOURNMENT The meeting was adjourned at 8:59 P.M. Roberta Wolfe Recording Secretary Claims No. 97-04 Meeting 97-05 Date: Feb. 26, 1997 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1634 219.82 Acme & Sons Sanitation Sanitation Services 1635 472.80 All Laser Service Printer Cartridges 1636 92.50 Artech Laminating Lamination Sheets 1637 166.67 Association of Bay Area Governments Membership 1638 129.16 AT & T Telephone Service 1639 200.19 Aura Hardwoods, Inc. Lumber 1640 85.05 Gordon Baillie Reimbursement-Software & Professional Dues 1641 1,364.24 Beautiful Cars, Inc. Vehicle Repair 1642 136.74 Dick Bruhn, Inc. Uniforms 1643 646.50 Button King, Inc. Kid's Art Buttons 1644 242.24 Cabela's Inc. ATV Ramps 1645 6,755.46 California Communications Exchange Co. Skyline Telephone Installation Service 1646 154.00 California Compensation Insurance Company 1996 Insurance Final Audit 1647 110.00 California Association of Regional Park and CARPOSA Membership Open Space Administrators 1648 88.66 California Water Service Water Service 1649 93.87 Cascade Fire Equipment Company Fire Safety Supplies 1650 118.56 Annette Coleman Reimbursement--Field Supplies 1651 295.20 Communication & Control, Inc. Utilities--Mt. Umunhum P G & E Pump 1652 495.51 Patrick Congdon Reimbursement--Enterprise Rental Oven 1653 1,932.00 William Cotton & Associates Geologist Survey--Schilling Lake 1654 100.00 Toni Correlli Teague Hill Botanist 1655 395.00 Council on Education in Management Seminar--L. Crook 1656 130.00 Decatur Electronics, Inc. Radar Certification 1657 637.50 Enshallah Consulting Services--Teague Hill 1658 11.00 Federal Express Express Mail 1659 74.80 Film to Frame Photo Processing 1660 116.73 Foster Brothers Security Systems, Inc. Keys 1661 32.69 G & K Services Shop Towel Service 1662 104.62 Goodyear Auto Service Center Tire Repair 1663 635.73 Virg Harkins Signs Sandblasted Sign Frames 1664 492.10 Home Depot Field Supplies 1665 17.50 Linda Hyman Reimbursement-Professional Dues 1666 42.14 Hyster Sales Equipment Parts 1667 2,315.82 HMC Group Foothills Shop Building Upgrade 1668 431.00 Jodi Isaacs Reimbursement--Conference 1669 1,778.67 Kaiser Cement Corporation Baserock 1670 9.63 Kinkos Color Copies 1671 30.00 John Kowaleski Reimbursement--Pesticide License 1672 31.99 Lab Safety Supply Gloves 1673 19.16 Langley Hill Quarry Baserock 1674 118.13 Los Altos Garbage Company Dumpster Service 1675 237.29 Brian Malone Reimbursement--Professional Dues and Field Supplies 1676 262.91 McGrath RentCorp Skyline Office Rental Page 1 Claims No. 97-04 Meeting 97-05 Date: Feb. 26, 1997 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1677 40.00 MetroMobileCommunications Radio Repair 1678 645.00 Micro Accounting Solutions Computer Consulting Service 1679 1,103.80 Milstone Geotechnical Construction Observation Services 1680 77.58 Moffett Supply Company Janitorial Supply Service 1681 3,000.00 •1 Navarone Industries, Inc. Postage Deposit 1682 19.50 Netcom Internet Service 1683 3.77 Noble Ford Tractor, Inc. Tractor Part 1684 1,221.33 Office Depot Office Supplies 1685 7,126.00 Art O'Neal Organizational Development Consultant 1686 1,124.29 Orchard Supply Hardware Field Supplies 1687 1,564.11 Pacific Bell Telephone Service 1688 1,185.43 Page & Turnbull Restoration Services-Picchetti 1689 168.41 PIP Printing Printing Services 1690 4,130.00 Portola Park Heights Property Owner's Assoc. Road Repairs 1691 20.99 Precision Engraving Name Tag Engraving 1692 60.80 Raines Chevrolet Vehicle Repair 1693 34.13 Rayne Water Conditioning Water Conditioning Service 1694 53.34 •2 Repo Depo Office Supplies 1695 154.47 Rich's Tire Service Tire Repair 1696 1,434.28 Roy's Repair Service Vehicle Repair and Maintenance 1697 234.33 Russ Enterprises, Inc. Signs and Decals 1698 300.00 '3 Elizabeth Schwartz Catering Deposit--Kid's Art Event 1699 524.57 Sears Tools 1700 237.00 Sequoia Analytical Water Testing 1701 161.88 Shell Oil Company Fuel 1702 336.18 John Shelton, Inc. Field Supplies 1703 165.94 Summit Uniforms Uniforms 1704 1,180.00 Sun Valley Tree Service Windy Hill Tree Removal Service 1705 210.11 •4 Superior Engraving Kid's Art Ribbons 1-79®---42,288.00 Ta 1707 1,453.29 Teater & Etc. Sign and Vision Map Graphics 1708 1,775.00 Town of Portola Valley Submittal Fee--Windy Hill Parking Lot 1709 917.50 U. S. Rentals Equipment Rental 1710 116.00 '5 USGS Wall Map Supplies 1711 600.00 W.J. Sorich Enterprises Sorich Road Repairs 1712 300.00 Roberta Wolfe Recording Services 1713 79.00 Woodland Engineering Computer Software 1714 156.24 Lisa Zadek Reimbursement--Vehicle Expense and Office Supplies 1715R 832.33 L. Craig Britton Reimbursement--Conference Expense 1716R 40.00 1997 CAPIO Awards Entry Fee to Awards Competition 1717R 400.00 CSPRA Conference--B. Downing, L. Paterson, L. Hyman and K. Miller 1718R 460.50 Jed Cyr Reimbursement--Conference Expense 1719R 349.64 Deirdre Dolan Reimbursement--Conference Expense 1720R 480.50 Ken Nitz Reimbursement--Conference Expense 1721 R 18.00 Sonoma County Public Health Department Medical Services Page 2 Claims No. 97-04 Meeting 97-05 Date: Feb.26, 1997 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Amount Name Description 1722R 283.07 Petty Cash Office Supplies, Local Business Meetings, Nature Center Supplies, Film and Developing *1 Urgent Check Issued Febuary 19, 1997 •2 Urgent Check Issued Febuary 18, 1997 *3 Urgent Check Issued Febuary 13, 1997 •4 Urgent Check Issued Febuary 18, 1997 *5 Urgent Check Issued Febuary 14, 1997 Total 56601.89 Page 3 Regional (")pen ce w MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-06 SPECIAL MEETING BOARD OF DIRECTORS March 5, 1997 MINUTES I. ROLL CALL President Mary Davey called the Special Meeting to order at 7:00 P.M. Members Present: Mary Davey, Pete Siemens, Betsy Crowder, Nonette Hanko, David Smernoff, Ken Nitz, and Jed Cyr. Personnel Present: Craig Britton, Sue Schectman, Jean Fiddes, John Escobar, and Deirdre Dolan. II. ORAL COMMUNICATIONS There were no oral communications. III. CLOSED SESSION M. Davey stated that the Board would adjourn to Closed Session for the purpose of discussing Closed Session Agenda Item 1. The Board recessed to Closed Session at 7:00 P.M. and the Closed Session commenced at 7:00 P.M. IV. ADJOURNMENT The meeting was adjourned at 7:50 P.M. Jean Fiddes District Clerk 330 Distel Circle , Los Altos, CA 9402 2-1 404 Phone: 415-691-1200 FAX:41 5-691-0485 1 E-mail: mrosd@openspace.org Web site:www.openspace.org Board of Drrec tors:Pete Siemens,Mary C. Davey,Jed Cyr, David T.Smernoff, Nonette Hanko, Betsy Crowder, Kenneth C. Nitz General Manager:L Craig Britton Regional Open 5 ce 1 R-97-32 Meeting 97-07 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT March 12, 1997 AGENDA ITEM Tentative Adoption of an Amendment to the Use and Management Plan for Skyline Ridge Open Space Preserve GENERAL MANAGER'S RECOMMENDATION 1. Determine that the proposed project is categorically exempt from the California Environmental Quality Act (CEQA) based on the findings contained in this report. 2. Tentatively adopt an amendment to the Use and Management Plan for Skyline Ridge Open Space Preserve to allow construction of a free-standing covered picnic area for school groups participating in the environmental education program at the David C. Daniels Nature Center. DISCUSSION At your October 23, 1996 meeting, you authorized the General Manager to contract with Platypus Studio to fabricate and install the remaining Phase I and II exhibits for the David C. Daniels Nature Center at Skyline Ridge Open Space Preserve. The Phase I exhibits were installed in 1995. The remaining Phase I and Phase II exhibits will be installed by the end of April, 1997. School classes began visiting the David C. Daniels Nature Center in March, 1996. During the spring and fall of 1996, about 570 children from 19 classes participated in the four-hour long environmental education field trip. Typically, upon arrival at the nature center, classes split into three groups. Led by volunteer outdoor education leaders, the groups either participate in laboratory exercises at the nature center, a hike around Alpine Pond, or take a longer hike through the preserve. The groups rotate through the three activities. Currently, the children take a lunch break outdoors. Inclement weather or wet soil conditions make it uncomfortable for students and accompanying adults to sit on the ground. Some children are not well-equipped with appropriate clothing for outdoor activities. Staff has discouraged use of the nature center for meals, since dropped food crumbs tend to attract unwanted insects and rodents. Also, the potential for spills and damage to exhibits is greater in the presence of children with their lunches. The groups also eat at different times, depending upon which educational activity they are participating in. While one group is eating lunch, another group is still using the laboratory in the nature center. A covered picnic area would provide shelter from inclement weather. Staff has identified a suitable area adjacent to some existing ranch outbuildings. The site contains two small 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200 FAX:415-691.-0485• E-mail: mrosd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz• General Manager:L.Craig Britton R-97-32 Page 2 structures, and feed pens with a corrugated metal awning. It is adjacent to the Ridge Trail and is located along the children's long hike route. (See attached map.) Staff investigated the possibility of installing picnic tables under the existing awning adjacent to the barn. However, after discussions with a structural engineer, use of the existing covered area was discouraged. Instead, the engineer suggests removing the awning, leveling the area, and constructing a new free-standing cover. In the interim, the two buildings will be secured to keep children out of the structures. The buildings will be retained to keep the rustic, historic character of the site. Until the new cover is constructed, a flat area near the buildings will be used as the location for three picnic tables. The tables will be fabricated from recycled plastic. The discussion topic at the children's lunch stop is recycling, so the tables will also serve as a prop for the discussion. The recycled plastic can also be easily wiped dry, allowing dry seating for the children if the tables are wet. The proposed 1997-1998 fiscal year budget includes $3,500 for this project. This includes securing the structures, demolition of the awning and purchase of three tables. Construction of a free-standing cover to replace the awning will be proposed for the fiscal year 1998-1999 budget. CEQA COMPLIANCE Project Description The project consists of securing the existing buildings from public access, the demolition of an awning extending from an existing structure, leveling an approximately 450 square foot area, construction of a free-standing cover and installation of three picnic tables. Project Determination under CEQA The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA (the California Environmental Quality Act) under Sections 15301(d), 15302, 15304(a), and 15311 of the CEQA Guidelines. Categorical Exemption Section 15301 - Minor Alteration of Existing Structures The existing farm outbuildings will be secured to prohibit public access to the interior of the buildings. The corrugated awning and support posts will be removed. Categorical Exemption Section 15302 - Replacement or Reconstruction A new free-standing cover will be constructed to replace the corrugated awning. Categorical Exemption Section 15304 - Minor Alteration to Land The concrete pad located beneath the corrugated awning will be removed and the area reshaped to a level pad. R-97-32 Page 3 Categorical Exemption Section 15311 - Accessory Structures Three picnic tables will be installed temporarily on a flat pad adjacent to the existing structures. Upon completion of the free-standing cover, the tables will be permanently mounted on the flattened pad beneath the new cover. Prepared by: Mary de Beauvieres, Open Space Planner Contact: Same as above SKYLINE RIuGE OPEN SPACL PRESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Coal Creek Open Space Preserve }y h a ?.Ate} ®d 0.2 t r::: //?}}. 0 1 :.Z;I�• •+}�•.;:;.'•iiiiiiiiii;:•i:•}:•}}•:: ;rt `��L '>K•,+ t �::: �.� '\. CL 1?F02 h\ O 1 x•'•:v 0.2 L` — SRoS { i s • //-' ® y;:r:3+:'+ii'';'f;r ...� ii (--�1....1 4 .. „„- >. ;1 MOt�TE 13ECLQ �h CC \ Alpine 0.2 ;./ { OPEN SPACE PRE:S�R l:' .J 1 Pond J.,i00•�--� 0.1 ' i> :: 3 �.. +\(( ✓ ti l in SITE a ' 03�, � (1�1303}: �m ( t:>.2 :•0.5 ( � 0.5 } 03 LOCATION I ; 0.1 ::::• }:::::::i • 0.3RE ,' 0.2 .,,k•:?,;;k\. ::: ! 1 'G%: 'n�..,• �;� 0.3 1 :•� �0.4 0.2 •:.:: 4 � \, y. L ,: r--� HorSesHoe""* t.� •' �� .:,.i_,•?'� ?>.'•3i:Y}• t:.w• � \• � \ .r - � Lake b:6 ::#i,;:;::.::::::�::: f3 � ..-�.?•..! � / �� 0 4•• �L I ! ?. 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'''i.''tx."`:..: .{?'+,,. ,..�w. •iy`;?tiy)j/. {�..}i ?:�:;;'•:,'!r;'?'{:, '�;c� <#:;<i f .,F l:i:':f':;�.;.....,, .}:;{�%y �.. r� t ,.,y i;; ..? } ..:>,q:�:... kk;:. ?•: //; I :i:f•i:#•:::+'•.#?+ :#;:y?�#:3;;,?`�:+i:? :.;•:?.,.,q �k 1 "'?"'a,:>: },., #: i,yi( .,,Y j•..':.••'.'•`,�'•':•�.•.r{•'r,,.};;. - "/ {''{k;c;: f.',<:'•.'••'••>v !''iif s:•}};,•+,•.M; .` J,, : ?•:r � ...;:;•:�}{.;};,, k{i•>?CC•{.{•:.•''�?,.'' +.�'..r � i / '.,++.';�ii's ^+:•:,�>}}:•:�';�.•?ts`C:{::`:`:;*e�i?:..v, ,tom: :r ki'';14;�,+• ;}:;{{. >•h ?•i}:� ''0 �.''•:�»:. i ( .nil/`+r•:•}:.'?,?::'rt�'r'r$:;': 2 +••?#. A ;... ••.:: •.: •�. •?:..•., mac ' K�•�3}:x:. ., +.rc. a. w�:•.:..;.).... >.% :�:?;:{;:.,,•;?� .�: ?? /•{.` : •:i {?l???fv'<':Y,•X:k� }''•., ,_ r..?:}. } ��r��,.}Y�;),�{r•,� v: '+4:• ,i}};.. 1.�.f '••a;?'" r,;:• ;j ,+.:a\,':+;.,';''?>t:'.?????.4 ''•:� "' ':; C:rS•}'.••;.••'C"' ...:::•. .??,,. {{.,.y3 �;�eee�e�`:i.•.: y:or;{,{.:;'.•i>;:i^ '';'+\ •'�.•+;->+•••r.... , 4+, _ .��i:,y?? ,•.ter.?'.: •>}. �'`•:.:•.t•. .::��i;:::{...::. •,±A.�`"� .::.{{•: }'•' ::?:+q !'•i :.a�'M:�`�#:fin:^•:'C: r•ir: rr/l::::::::;;;•::'t,-..:i:>�i:,+:Y:::i:.. •:r ... •. -:,..}�... rf rrrr::r.... ! i �:>L:�••}xr EXHIBIT 1 : LOCATION MAP Long Ridge Open Space Preserve 0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 One Mile Trail Use Map Legend Hiking Only �® ® LA Q nN Hiking,Bicycling, Gate(#s) Trail Distance in Miles Ranger Facility Restroom Whole Access Parking Lot Other Public Lands Equestrian Trail ---------- ------- Creek ,•� , O i.: Note: Dogs are not allowed Bay Area Ridge Trail Vehicle Driveway Nature Center Residence Handicapped Equestrian Parking No Public Entry on this preserve Parking Only Private or Leased Lands TO ALPINE POND AND 4 DANIELS NATURE CENTER ------------- ------------------ EXISTING RANCH OUTBUILDINGS R. Nmsiiiiil N k. IN EXISTING ........... ........... AWNING . ............... D A N ..................wlo!-! �ff BE REMOVE O . ......... TABLES .......... .......... ............... EPLACED WITH.F ...--RE .............. ............. ............ ............................................................... ................................. STANDING ................ ..... .......... ............................................................... ................................................ .................................................................................................................... X .................................... ................................. Fq ........... ti ................. ",". EXISTING OAKS SCALE: DIAGRAMMATIC EXHIBIT 2: SITE MAP Regional Open S. ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-97-31 Meeting 97-07 March 12, 1997 AGENDA ITEM Acceptance of Report on the District's 1995-1996 Legislati rogram and Adoption of 1997- 1998 Legislative Program GENERAL MANAGER'S RECOMMENDATION 1. Accept the 1995-1996 legislative program report. 2. Adopt the 1997-1998 legislative program. DISCUSSION For each two-year session of the State legislature, the District adopts a program which outlines its legislative priorities. These priorities generally include protection of the District's percentage of property tax funding, possible development and/or sponsorship of new legislation, and monitoring and taking support or oppose positions on legislation which may have a significant impact on the District. Attached is the status report on the 1995-1996 legislative program. With some slight changes, this report was approved by the Legislative, Finance, and Public Affairs Committee at its February 19, 1997 meeting. The highlight of the prior legislative session was the District's successful sponsorship of Assembly Bill 700, authored by Assemblyman Jim Cunneen. This bill designated mountain biking and paragliding as hazardous recreational activities under the California Government Code, thus providing additional liability protection for the District and other public agencies throughout the state. Also attached is the proposed 1997-1998 legislative program, which was reviewed and approved by the Legislative, Finance, and Public Affairs Committee at its February 19, 1997 meeting. This program has been divided into two sections: State legislative activity, and federal legislative activity. The two top priorities in the State section related to protection of District funding remain from the last program. A new priority (goal number 4) is to actively support Senate Bill 1408 (Sher), sponsored by the Bay Area Open Space Council. This bill will define the Bay Area Program within the State Coastal Conservancy, thus providing a better opportunity for Bay Area agencies to receive grant funding. Supporting this bill will require a significant amount of staff time. 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:415-691-1200 FAX:415-691-0485• E-mail: mrosd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,David T.Smernoff, Nonette Hanko,Betsy Crowder,Kenneth C.Nitz• General Manager:L.Craig Britton R-97-31 Page Two In addition, Assemblyman Ted Lempert has introduced Assembly Bill 1366 on behalf of the District and San Mateo County. This bill will transfer certain easement rights to the District and/or the County (goal number 5). These easements are held by the State Parks Department for the unfinished California Hiking and Riding Trail program. Assemblyman Lempert's agreement to carry this bill will require that staff put some significant time into developing and implementing a strategy for passage of the legislation. Among the several new priorities in the federal section are: support for full allocation of the Land and Water Conservation Fund; support for Peninsula Open Space Trust in its effort to gain federal funds toward the purchase of Bair Island; and, seeking federal funding for clean- up of asbestos and lead-based paint at the abandoned air force station at Mt. Umunhum. Prepared by: M. Smith, Public Affairs Manager Contact person: C. Britton, General Manager Midpeninsula Regional Open Space District Legislative Program Status Report 1995-1996 Legislative Session Following are the goals from the District's legislative program for the prior legislative session, and the status of each. In addition to these specific goals, the District reviewed several hundred pieces of legislation, took positions on many of them, and sought amendments where appropriate. One other item that does not appear as a goal (but will appear in the proposed 1997-1998 Legislative Plan) is the District's work with the San Mateo County Funding Alternative Committee. The District was very active in advocating legislation to provide for a local 2/3 vote for a 1/2-cent sales tax for schools, libraries, and parks in San Mateo County. Although unsuccessful during the last session, Senator Byron Sher is carrying the legislation this year, and the committee is optimistic of a positive outcome. Goal 1: Maintain the District's current percentage share of the local property tax for the 1994-1995 and 1995-1996 State fiscal years. Priority: A Status: Some proposals of the California Constitutional Revision Commission (CCRC) had the potential to negatively impact District funding, but that proposed constitutional amendment did not move to the full legislature. Other than that, there were no apparent threats to the District's share of local property tax funding, which remains stable. Goal 2: Obtain legislation that assures long-term protection of the District's current level of property tax funding. Priority: A Status: There were no opportunities to obtain such legislation. Goal 3: Seek and support legislation, with East Bay Regional Park District, to place multi-county special districts into a separate section of the Public Resources Code. Priority: A Status: East Bay Regional Park District, as the lead agency on this issue, has not moved forward with legislation. Goal 4: Support the California parks and wildlife bond measure proposed for a 1996 ballot. Priority: A Status: This proposed measure was not placed on the ballot Goal 5: Obtain legislation which will designate mountain bicycling and paragliding as hazardous activities under the California Government Code in order to reduce District liability exposure. Priority: B Status: The District successfully sponsored A13700, authored by Assemblyman Jim Cunneen. Goal 6: Obtain changes to the California Hiking and Riding Trail Easement transfer from the State to the District with sufficient funds to implement the trail (Ridge 'Frail) through La Honda Creek Open Space Preserve. Priority: B Status: There were no opportunities to pursue such legislation. Goal 7: Obtain State grants or other funding for special District projects. Priority: B Status: Over the last two-year legislative session, the District was awarded eleven grants totaling over $700,000 (funds not necessarily received during this period, and may be for future projects). These grants were for projects at the nature center, the Fowkes 'frail at Skyline Ridge OSP, the Grant House at Rancho San Antonio OSP, the Windy Hill OSP parking lot and mapboard, St. Joseph's Hill OSP mitigation, Picchetti Ranch, the Cordilleras Trail at Pulgas Ridge OSP, trails at Russian Ridge OSP, and road repair at Purisima Creek Redwoods OSP. Goal 13: Support, oppose, or seek amendment to other State and federal legislation of direct impact to the District. If an opportunity presents itself, this would include seeking legislation which will amend the California Elections Code to clarify the residency requirements for circulators of nomination petitions. Priority: C Priority: Depending on particular bill Status: Several hundred bills were reviewed, and positions taken on a number of them. Key bills on which the District took a position include: SB 1280, tax credit to land donors, Support SB 1505 & 160, repeal EEMP, oppose AB 3014, park bond, support AB ')239, San Mateo County sales tax, support SB 2147, recycling dumped tires, support with changes SB 1948, park bond, support Due to the Republican control of the State Assembly during the last session, and its anti-environment and anti- tax disposition, no action was taken on the district's lower-priority goals. Goal 8: Seek improvements to the Landscape and Lighting Act of 1972 and other assessment procedures in order to make them more fair to both the public and the entity seeking the assessment. Priority: B Goal 9: Seek inclusion of the District in legislation that would aid the District's environmental education and public outreach efforts. Priority: C Goal 10: Seek changes to the Subdivision Map Act to facilitate public acquisition of portions of larger properties. Priority: C Goal 11: Seek changes in the law related to Adverse Possession in order to codify abandonment of a claim of adverse possession. Priority: C Goal 12: Support a State constitutional amendment that would provide for voter approval of local park bond issues by a simple majority vote. Priority: C MIdpeniuSUla Regional Open Space District Legislative Program 1997-1998 Legislative Session Adopted by the Board of Directors, March 12, 1997 (proposed) Goals for State Legislative Activity: Goal 1: Maintain the District's current percentage share of the local property tax for the 1997-1998 and 1998-1999 state fiscal years. Priority: A Goal 2: Obtain legislation that assures long-term protection of the District's current level of property tax funding. Priority: A Goal 3: Seek and support legislation, with East Bay Regional Park District, to place multi-county special districts into a separate section of the Public Resources Code. Priority: A Goal 4 Actively support the Bay Area Open Space Council-sponsored bill to fully define the Bay Area Program of the State Coastal Conservancy,thus providing an enhanced opportunity for Bay Area parks and open space agencies to receive any available grant funds. Priority: A Goal 5: Obtain changes to the California Hiking and Riding Trail Easement program to transfer easements from the State to the District and/or Sail Mateo County with sufficient funds to implement the trail segments. Priority: A Goal 6: Support the California parks and wildlife bond measure proposed for a 1998 ballot. Priority: A Goal 7: Actively support the Sail Mateo County"Quality of Life" Sales Tax initiative which, if successful, will provide funds to schools, libraries, parks, and open space. Priority: A Goal 8: Obtain state grants or other funding for special District projects. Priority: B Goal 9: Review State legislation and support, oppose, or seek amendments to those bills which impact the District. Priority: B Goal 10: Seek inclusion of the District in legislation that would aid the District's environmental education and public outreach efforts. Priority: C Goal 11: Seek changes to the Subdivision Map Act to facilitate public acquisition of portions of larger properties. Priority: C Goal 12: Seek changes in the law related to Adverse Possession in order to codify abandonment of a claim of adverse possession. Priority: C Goal 13: Support a State Constitutional amendment that would provide for voter approval of local park bond issues by a simple majority vote. Priority: C Goal 14: Seek legislation which will amend the California Elections Code to clarify the residency requirements for circulators of nomination petitions. Priority: C Goals for federal Legislative Activity: Goal I Actively involve the District in the nationwide effort to ensure that the federal Land and Water Conservation Fund is fully allocated by Congress. Priority: A Goal 2: Assist the Peninsula Open Space Trust(POST) in their efforts to gain federal funding for the acquisition of Bair Island. Priority: A Goal 3: Seek federal legislative assistance in securing funding for the clean-up of asbestos and lead- based paint at the former Almaden Air Force Station in the District's Sierra AzuI Open Space Preserve. Priority: B Goal 4: Review specific pieces of federal legislation and support, oppose, or seek amendments to those bills which impact the District. Priority: B Goal 5: Obtain federal grants or other funding for special District projects. Priority: C Regional Open S, re 1 ~� MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-97-28 Meeting 97-07 March 12, 1997 AGENDA ITEM Adoption of Amendments to the Public Notification P icy GENERAL MANAGER'S RECOMMEND Tentatively adopt the proposed amendments to the District's Public Notification Policy. DISCUSSION The Public Notification Policy was developed to ensure that a focused effort is made to inform adjacent landowners and members of the public about District activities that may interest or affect them. These activities might include acquisitions (including possible uses of eminent domain), grant applications, and land use planning projects and workshops. Periodic amendments have been made to this policy to keep the District's notification methods up to date, to ensure that the policy reflects the Board's desire for public outreach, and to adequately inform the District's constituency and neighbors of proposed land use changes or actions. The most recent amendments were adopted by the Board on August 14, 1996 (see report 96-82). Late last year, some shortcomings in this policy were brought to light as a result of the demolition of a structure in the Sierra Azul Open Space Preserve that was not adequately noticed to nearby property owners (see report 96-129). The proposed amendments to this policy address some of the concerns raised by the neighbors. Other issues regarding demolition of structures will be addressed at another time by the Use and Management Committee and/or the Acquisition and Enterprise Committee through a review of certain planning policies. In order to widen the areas to be noticed, use of the word, "contiguous" (which requires that the land share a boundary) has been changed to the word, "surrounding." The definition of the word "surrounding" has also been expanded to provide that in the event a public parcel shares a boundary with the District land under consideration, then the next nearest privately-held property will be notified. Several non-substantive corrections have also been made to the policy. Although not formally part of the policy, the standard letter informing surrounding property owners of an upcoming action of possible interest was also modified. It now includes a statement requesting that if the recipient has knowledge of any special features or structures on the land being proposed for acquisition, to bring them to the attention of the District. That letter is attached for your information. 330 Distel Circle• Los Altos, CA 94022-1404 • Phone:415-691-1200 FAX:415-691-0485• E-mail: mrosd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz 0 Genera!Manager:L.Craig Britton R-97-28 Page Two At its February 19, 1997 meeting the Legislative, Finance, and Public Affairs Committee reviewed and unanimously approved these proposed amendments for submission to the Board. One member of the public who was involved in the issue of the structure demolition was present at the committee meeting, and agreed that the proposed amendments addressed some of her concerns. The prior version of this policy, with additions shown in bold italics and deletions shown in strike-through, is attached for your review. The recommended tentative adoption will allow for a second reading of these amendments, providing additional time for public comment prior to the Board's final action. Prepared by: M. Smith, Public Affairs Manager Contact person: C. Britton, General Manager Public Notification Polkiy Adopted by the Board of Directors August 26, 1981 Amended September 14, 1983 Amended September 10, 1986 Amended February 8, 1995 Amended August 14, 1996 Amended March 12, 1997 The purpose of the Public Notification Policy is to ensure that a concentrated effort is made to inform 4aeen surrounding landowners and interested members of the public of District activities which may interest or affect them, such as land acquisitions, including possible uses of eminent domain, grant applications, and land use planning projects and workshops. It is not the purpose of this policy to adopt any legal notice requirements. Rather,the purpose of this policy is to supplement any public notice required by law and to provide the broadest opportunity for public participation in and input on various District issues. Failure to comply with this policy shall not affect the validity of any action taken by the District. The requirement for public notice under this policy shall be advisory only, and the failure to give such notice in any particular instance shall not affect the validity of any action taken. Any property owner lists used for the purpose of notification will be based on the most recent microfiche obtained by the District as provided by the appropriate C-county Aassessor's Ooffice. This notification policy may, at the discretion of the General Manager or as desired by the Board of Directors, be supplemented with additional publicity I via press releases, internet postings, advertisements, special mailings, or other methods to reach a wider public audience. 1. Land Acquisition The following means of public notification will be utilized for proposed acquisition of real property, including notification of consideration of a preliminary Use and Management Plan. (For any transaction involving the sale, exchange, long-term lease [more than one year in length] or other disposition of interest(s) in existing District lands, see the notification procedure in item number 5, Land Use Planning.)'" a) Notification of owner or owner's representative shall be by a method as deemed appropriate by staff for the particular negotiation situation. b) The Agenda Notice 3 for the meeting at which the proposed acquisition will be discussed shall be mailed to the press, individuals, and organizations 4 that subscribe to agendas. C) Publicity may be initiated in advance of a meeting, as deemed appropriate by staff or directed by the Board. d) For regular Board or committee meetings, posting of a meeting notice on the District office door at least 72 hours prior to the meeting at which the proposed acquisition will be discussed. e) Notifications to owners of lands eantiguous surrounding' to the property being acquired, lands contiguous to the main access road? to the property being acquired (unless the main access road is a publicly maintained road), and lands where the owners' main, private access road? passes through the property being acquired, under a recorded easement f) Notification to Clerk of the city (or county if in an unincorporated area) within whose jurisdiction the land is located. 2. Condemnation The following means of public notification will be utilized for proposed condemnation of real property: a) At least fifteen day written notification to the owner of the affected property prior to adoption of a resolution of necessity to allow for written response as provided by State law. b) The Agenda Notice for the meeting at which the proposed action will be discussed shall be mailed to the press, individuals, and organizations that subscribe to agendas C Publicity may be initiated in advance of a meeting, as deemed appropriate by staff or directed by the Board. d) For regular Board or committee meetings, posting of a meeting notice on the District office door at least 72 hours prior to the meeting at which the proposed action will be discussed. e) Special Notice to owners of lands eentiguous surroundingb to the affected property, lands contiguous to the main access road? to the affected property (unless the main access road is a publicly maintained road), and lands where the owners' main, private access road? passes through the affected property, under a recorded easement f) Notification to Clerk of the city (or county if in an unincorporated area) within whose jurisdiction the land is located. g) Public hearing(s) as required by State law and District policies and procedures. 3. Grant Applications for Land Acquisitions The following means of public notification will be utilized for proposed grant applications for acquisition of real property, and/or for proposed amendments to applications: a) hi cases where a specific property's ownership is identified in the grant application agenda report, notice shall be mailed to that owner by 5:30 P.M. fifteen days before the meeting at which the grant application is scheduled to be discussed. The General Manager has the authority to delay mailing of notice until not later than 5:30 P.M. five days before the meeting, if the General Manager determines that giving longer notice would be detrimental to negotiations with the landowner or is necessary because of grant deadlines. The General Manager also has the authority to provide for shorter notice than five days if the General Manager determines that it is necessary in order to meet timing requirements for grants, and also if the property owner has actual notice and an opportunity to appear before the Board at the meeting. b) The Agenda Notice for the meeting at which the proposed grant application will be discussed shall be mailed to the press, individuals, and organizations that subscribe to agendas c) Publicity may be initiated in advance of a meeting, as deemed appropriate by staff or directed by the Board. 2 d) For regular Board or committee meetings, posting of a meeting notice on the District office door at least 72 hours prior to the meeting at which the proposed grant application or amendment to an application will be discussed . e) Notification 3 to Clerk of the city (or county if in an unincorporated area) within whose jurisdiction the land is located. 4. Annexations In the event of a proposed annexation of land into the District, an agenda notice 3 will be sent to owners of property eentiguetts surrounding 6 to the lands being considered for annexation. Legal notice of any proposed annexation will be handled in the manner required by the Local Agency Formation Commission (LAFCO) having jurisdiction. 5. Land Use Planning The following means of public notification will be utilized for a proposed Interim or Comprehensive Use and Management Plan or Trail Use Element review, adoption, amendment, public workshop, or the sale, exchange, long-term lease (more than one year in length), or other disposition of any interest(s) in District property. At the General Manager's discretion, public notification of land use planning issues may be reduced in scope if it is determined that the issue is of limited concern or importance, which decision shall be included in the staff report to the Board of Directors. The Board will consider tentative adoption of all planning matters at noticed, public Board meeting(s). Final adoption of a planning proposal will be considered by the Board at a subsequent noticed Board meeting, to take place no sooner than the second meeting following the meeting at which tentative adoption is approved. There are at least four points during which the public has the opportunity to comment verbally or in writing on planning proposals before the Board: 1) prior to tentative adoption, based on these notification policies and possible public workshops; 2) during the meeting(s) at which tentative adoption is considered; 3) prior to the meeting at which final adoption is considered, and; 4) during the meeting(s) at which final adoption is considered. a) Notification 3 to owners of lands eontiguetis surrounding6 to the preserve or preserve area where a proposed Interim or Comprehensive Use and Management Plan or Trail Use Element9 review, adoption, amendment, public workshop, or a decision to dispose of any interest in District real property is scheduled. b) The Agenda Notice 3 for the meeting at which the proposed issue will be discussed shall be mailed to the press, individuals, and organizations 9 that subscribe to agendas. C) Publicity may be initiated in advance of a meeting, as deemed appropriate by staff or directed by the Board. d) For regular Board or committee meetings, posting of a meeting notice on the District office door at least 72 hours prior to the meeting at which the proposed project will be discussed. e) Notification 3 of persons and organizations`' which have requested notification regarding a particular topic for which the Board has decided a mailing list should be maintained. 3 t) Notification 3 to Clerk of the city (or county if in an unincorporated area) within whose jurisdiction the land is located. g) Posting on site, where deemed helpful by staff. NOTE: Each Preliminary Use and Management Plan included in an acquisition report (including an exchange of land or interest in real property) shall be placed on the agenda for final approval following close of escrow, only if public comment or changes to the Preliminary Use and Management Plan occurred during the initial discussions of the report. Final approval of other Use and Management Plans and Plan reviews and any other land use actions or reviews (except for hazards or other emergencies) including the sale, long-term lease (more than one year in length), or other disposal of any interest(s) in District property, (other than an exchange of land or interest in real property) shall be placed on the earliest upcoming regular agenda, no sooner than the second meeting following the meeting at which the item is first heard, for final approval, as determined to be feasible by staff and if required. I Publicity may consist of any combination of typical public relations methods for generating public awareness of and interest in District activities. These may include press releases, internet postings, email notifications, advertisements, flyers, special mailings, personal contact, or other methods. 2 A Preliminary Use and Management Plan consists of use and management recommendations developed and approved at the time of acquisition of real property. These plans normally represent a status quo approach to use and management, with emphasis on securing the site and establishing a timeline for environmental enhancements and development of amenities for providing public access. An exchange of land or interest in real property is considered an acquisition and includes a Preliminary Use and Management Plan. An Interim Use and Management Plan is usually a refinement of a Preliminary Use and Management Plan, and in some cases is also an accumulation of the Preliminary Use and Management Plans for a number of acquisitions comprising a preserve. The Interim Plan is most commonly prepared for preserves which consist of non-contiguous parcels, have use limitations, or are likely to be subject to relatively frequent changes in boundary alignments. A Comprehensive Use and Management Plan is a detailed plan addressing all aspects of use and management. It is prepared for preserves in which public use, environmental, or land use issues need attention. The Comprehensive Plan is based on a resource analysis and public input, and evaluates potential uses as well as historical and existing uses. It represents both long- and short-term goals, with the focus of specific short-term recommendations being the tasks to be completed within three years. The Trail Use Element of a Use and Management Plan is the segment of the plan which deals only with trail use issues, and contains the description and use designations for existing and proposed traits. It is in the Trail Use Element that the final decisions are made about which uses(hiking, bicycling, horseback riding, dog access) should be allowed on each trail. The sale, long-term lease(more than one year in length), or other disposal of any interest(s) in District property, other than an exchange of land or interest in real property, would be completed by the adoption of a resolution by the Board of Directors, ordinarily to take place no sooner than the second meeting 4 following the meeting at which the item is first heard. However, the Board may determine that there is a need to take action at the first meeting at which the item is heard. 3 Agenda Notice: Normally mailed by 5:30 P.M. five days in advance of a meeting (Friday before a Wednesday meeting), but generally not less than 72 hours before the meeting, except when shorter notice for a Special Meeting is necessary, as provided by law and the District's Rules of Procedure. The Board shall note in the minutes of the Special Meeting the reason shorter notice was required. 4 Staff to contact known neighborhood associations annually to advise that they can subscribe to the District's agendas for an established fee. The timing of this notification is the same as for an agenda item notice, but may be deferred by the General Manager until the purchase contract for the property being acquired has been signed by the seller. 6 For the purposes of the District's public notification, "eel gueus" "surrounding" properties shall be defined as those properties which share an edge, corner, or boundary with District lands, or which are located dir-eetly across a two-lane (or narrower) city, county, or private roadway from District lands. If any of these properties are publicly-owned land, then the next nearest privately-held property will be notified for purposes of this policy. 7 Posting of notices on the access road may be substituted for a mailed notice if a significant or excessive level of additional research is necessary to determine the owners of recorded access easements, or if it is impractical to mail notices. 8 Special Notice: Mailing by 5:30 P.M. eightdays in advance of a meeting (Tuesday of a week before a Wednesday meeting), with the General Manager having authority to delay mailing of notice until not later than 5:30 P.M. five days before the meeting if the General Manager determines that giving longer notice would be detrimental to negotiations with the land owner. 9 Except those situations where the specific property has previously come to Board attention in public session and 1) a resolution for a grant application was adopted and there was no owner objection, or 2) a resolution for a grant application was adopted and as a result, the District received the requested grant, or 3) a resolution of public necessity has been adopted. 5 <<Date>> <<Name>> oName2 >> oAddress>> -City_State_Zip- Dear <<Salutation>>: At the public meeting of oDateo, the Board of Directors of the Midpeninsula Regional Open Space District will be considering acquisition of approximately xxx acres of property in Santa Clara County (Assessor's Parcel Number: ) as an addition to xxx Open Space Preserve. According to the County records, you are the owner of property in the area of the District's proposed acquisition. It is the policy of the Board of Directors to notify adjaeen nearby owners of proposed District land purchases so they may comment on the land acquisition and use and management planning process if they choose. Enclosed you will find an agenda and a copy of the staff acquisition report, including a map indicating the approximate location of the property. Any questions, suggestions, or observations may be presented to the Board of Directors orally at the time of the meeting or by a letter to the Board. In addition, oral or written comments about Use and Management Plan recommendations may be directed to Randy Anderson, Senior Planner. If your questions center around land rights the District is proposing to acquire, please direct your comments to my attention. Although the District has performed a site inspection, we would appreciate being apprised of any unique characteristics of the property, such as historical buildings or sites, archeological sites, hazardous materials, uncommon soil conditions, items of cultural interest, or other attributes or potential problems or conflicts of which you may be aware. In addition, please pass this request on to other parties who may have additional information or be interested in the proposed acquisition of this property by the District. If there are any local homeowner associations or other organizations that you feel should be informed, please let us know. All District Preserves undergo periodic review, starting with final adoption of the Preliminary Use and Management Plan after close of escrow. Should you wish to be kept informed of the scheduling of these reviews and other District activities, you may want to subscribe to Board Meeting agendas or other materials; please contact Susan Shipley at the District office for subscription information and rates. We look forward to your participation. Sincerely, Michael C. Williams Real Property Representative MW/lZ Enclosures q., ,. I Soce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-97-33 Meeting 97-07 March 12, 1997 AGENDA ITEM Denial of Claim for Property Damage Filed by Richard J. Bourke DISTRICT LEGAL COUNSEL'S RECOMMENDATION Deny the clam against the District filed Di fil by Richard J. Bourke. S74DISCUSSION Mr. Richard J. Bourke of San Jose, California has filed a claim against the District for property damage. The claim arises out of the Woods Road Trail that Mr. Bourke asserts encroaches on his property in the Sierra Azul area. Mr. Bourke asserts that the use of Woods Road Trail has caused environmental damage to his property due to horses and mountain bicyclists. A copy of Mr. Bourke's claim is attached. The California Tort Claims Act sets out the procedures a person must follow in order to recover damages for personal injury or property damage from a pubic agency. The principal requirement is that no money may be recovered from a public agency unless a written claim has first been presented to the agency. The California Tort Claims Act requires that claims for damages be presented to a public agency for approval or denial. The District then has 45 days to determine whether to approve or deny the claim. Upon denial of a claim, a claimant has six (6) months to determine whether to proceed with legal action. Claims are typically placed on the Board's Consent Calendar for action. District Legal Counsel has reviewed this claim and recommends it be denied. Staff is available to meet with Mr. Bourke to try to resolve his concerns. Prepared by: Susan M. Schectman, Legal Counsel Contact person: Same as above 330 Distel Circle , Los Altos, CA 94022-1404 , Phone:415-691-1200 FAX:41 5-691-0485 4 E-mail: mrosd@openspace.org , web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr, David T.Smernoff, Nonette Hanko, Betsy Crowder, Kenneth C. Nitz°* General Manager:L.Craig Britton Rich,.-.d Bourke PO Box 7207 San Jose , CA. 95150 January 30 , 1997 Board of Directors Midpenninsula Regional Open Space District 330 Distel Circle Mountain View, CA. 94022 Subject : Claim for Damages Claim Amount : $50 , 000 . (a seperate claim will be filed for 1997 ) Reason for Claim: Unauthorized and Unlawful use of my private land from July 1996 through December 1996 . The Midpenninsula Regional Open Space District has negligently created a trail known as the "woods road trail" during the last half of 1996. This trail runs parallel and into my property known as APN 562-07-015-00 located in the Sierra Azul . As a result of MROSI)s refusal to abide by applicable Federal , State, and County statute as well as the Districts stubborn refusal to abide by policies created by the Santa Clara County Board of Supervisors regarding trails , as well as the clear and concise policies of the Santa Clara County Trails Master Plan, I have suffered much damage as the result of Wrongful Intruders invited in to Tresspass on my private property. 1 . Any reasonable person who would be installing new trails near or on private property would use "due care" to comply with current laws and policies in Santa Clara County. District is negligent in this regard . 2 . Any reasonable person would undertake pre-requisite " land survey work" including researching maps like the County Parcel map to make preliminary determinations where property lines are located so as not to encroach on anothers land . District is negligent in performing these duties . 3 . MROSD has itself published maps for over a period of ten years showing this road entering my property. These maps were expressly for trail users to define private property areas . MROSD was well aware of my property line many times over . In addition Annette Coleman and Kathleen Hart had been informed of this PRIOR to the District establishing the signs creating this trail . MROSD has acted deceitfully, knowingly and willfully with regard to creating this "everyday tresspassing" on my property. 4. My property has incurred much environmental damage due to horses and especially Mountain bikes . MROSD has invited the "whole world" onto my property without ever making one phone call or one letter to me regarding their intentions . MROSD is negligent in failing to comply with many if not ALL policies found in the Santa Clara County Trails Master Plan. 5 . The MROSD board of directors and Management having been fully informed in this matter refuse to take down their mileage/ destination signs . My damages continue to mount daily. Further the District has subjected me to great liability especially from speeding out-of-control Mountain bikers . Sincerely, Richard J . Bourke . RegionalI MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-97-36 Meeting 97-07 March 12, 1997 AGENDA ITEM Resolution Authorizing California Public Employees' Retirement System Pre-Tax Payroll Deduction Plan for Service Credit Purchases GENERAL MANAGER'S RECOMMENDATION Approve the attached resolution authorizing the California Public Employees' Retirement System pre-tax payroll deduction plan for service credit purchases. DISCUSSION The California Public Employees' Retirement System (CalPERS) is now offering a pre-tax payroll deduction plan for the purchase of additional service credit. The types of additional service credit that CalPERS members may purchase includes seasonal or temporary employment prior to membership in CalPERS, military service, or redeposit of withdrawn contributions. The District has a number of employees who are currently purchasing service credit or are considering doing so. The re-tax payroll deduction plan gives employees the advantage of deferring income tax liability on payroll deductions for their service credit purchases. Participation in the pre-tax payroll deduction plan requires filing the attached resolution with CalPERS. There is no cost to the District to offer this program to the employees. Prepared by: Deirdre Dolan, Administrative Analyst Contact person: Same as above 330 Distel Circle - Los Altos, CA 94022-1404 0 Phone:415-691-1200 FAX:415-691-0485 E-mail: mrosd@openspace.org , Web site:www.ol)enspace.org Board of Directors.Pete Siemens,Mary C. Davey,led Cyr, David T.Smernott, Nonette Hanko, Betsy Crowder, Kenneth C.Nitz General Manager:L.Craig Britton Employer Code: RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM PRE-TAX PAYROLL DEDUCTION PLAN FOR SERVICE CREDIT PURCHASES (CONTRIBUTION CODE 14) WHEREAS, the Board of Administration of the California Public Employees' Retirement System (CalPERS) at the April 1996 meeting approved a pre-tax payroll deduction plan for service credit purchases under Internal Revenue Code (IRC) section 414(h)(2); and WHEREAS, the Midpeninsula Regional Open Space District has the authority to implement the provisions of IRC section 414(h)(2) and has determined that even though implementation is not required by law, the tax benefit offered by this section should be provided to those employees who are members of CaIPERS, and WHEREAS, the Midpeninsula Regional Open Space District elects to participate in the pre-tax payroll deduction plan for all employees in the following CalPERS coverage group(s): NOW THEREFORE, BE IT RESOLVED: I. That the Midpeninsula Regional Open Space District will implement the provisions of IRC section 414(h)(2) by making employee contributions for service credit purchases pursuant to the California State Government Code on behalf of its employees who are members of CalPERS and who have made a binding irrevocable election to participate in the pre-tax payroll deduction plan. "Employee contributions" shall mean those contributions reported to CalPERS which are deducted from the salary of employees and are credited to individual employee accounts for service credit purchases thereby resulting in tax deferral of employee contributions. Resolution No. Page 2 II. That the contributions made by the Midpeninsula Regional Open Space District to CalPERS, although designated as employee contributions, are being paid by the Midpeninsula Regional Open Space District in lieu of contributions by the employees who are members of CalPERS. III. That the employees shall not have the option of choosing to receive the contributed amounts directly instead of having them paid by the Midpeninsula Regional Open Space District to CalPERS. IV. That the Midpeninsula Regional Open Space District shall pay to CalPERS the contributions designated as employee contributions from the same source of funds as used in paying salary, thereby resulting in tax deferral of employee contributions. V. That the effective date for commencement of the pre-tax payroll deduction plan cannot be any earlier than July 1, 1996, or the date the completed resolution is received and approved in CalPERS, whichever is later. VI. That the governing body of the Midpeninsula Regional Open Space District shall participate in and adhere to requirements and restrictions of the pre-tax payroll deduction plan by reporting pre-tax payroll deductions when authorized by CalPERS for those employees of the above stated Coverage Group(s) who have elected to participate in this plan. Regional Open S ice 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-97-23 Meeting 97-07 March 5, 1997 AGENDA ITEM Authorization to Contract with Eugene R. Sheehan for $24,2 r Trail Construction Services at Fremont Older and El Corte de Madera Creek Open Sp Prese es GENERAL MANAGER'S RECOMMENDATION Authorize the General Manager to enter into contract with Eugene R. Sheehan for $24,200 to construct the Prospect Road Bypass Trail at Fremont Older Open Space Preserve and Phase II trail improvements at El Corte de Madera Creek Open Space Preserve. DISCUSSION At your June 12, 1996 meeting you tentatively adopted the Trails Plan Element of Fremont Older Open Space Preserve Comprehensive Use and Management Plan (see report R-96-65). Final adoption occurred at your July 24, 1996 meeting (see report R-96-79). The plan includes a recommendation to construct a new multi-use trail linking the preserve entry with the hayfield area of the preserve. The Prospect Road Bypass Trail is intended for multi-use traffic. Upon completion of the trail and its opening to multi-use traffic, the portion of Prospect Road found inside the preserve's boundary will be closed to bicycle traffic. At your May 22, 1996 meeting, you tentatively adopted the Trail Use Plan for El Corte de Madera Creek Open Space Preserve (see report R-96-60). Final adoption of the plan occurred at your June 26, 1996 meeting (see report R-96-68). Also at that meeting, you authorized a contract with Eugene R. Sheehan of Sutherlin, Oregon to work with field staff to construct Phase I trail improvements at El Corte de Madera Creek Open Space Preserve. The Phase I improvements are complete. Mr. Sheehan and staff constructed approximately 3 miles of trail in the northwestern corner of the preserve between early July and October, 1996. The trails have remained closed through the winter months to allow the trail tread to stabilize. They will open to multi-use traffic this spring. Staff now wishes to contract with Mr. Sheehan to work with staff to construct the Prospect Road Bypass Trail and Phase II trail improvements at El Corte de Madera Creek Open Space Preserves. If this contract is approved by you, the Fremont Older work will require about six weeks. The work will begin in mid-March and be completed by mid-May. The El Corte de Madera Creek trail construction will also require approximately six weeks. The work will be completed by mid-October. The District has a long history of successful trail construction projects under the guidance of Mr. Sheehan. He has supervised the construction of nearly all of the District's trails over his 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200 FAX:415-691-0485• E-mail:mrosd@openspace.org • web site:www.openspace.org Board of Directors:Pete Siemens,Mary C. Davey,led Cyr, David T.Smernoff,Nonette Hanko,Betsy Crowder, Kenneth C. Nitz• General Manager:L.Craig Britton R-97-23 Page 2 approximately 20-year relationship with the District. Mr. Sheehan has a reputation for building trails of the highest quality, using sound construction methods. He also works closely with our staff, supervising as well as training staff in the proper trail construction and maintenance techniques. He uses a Morrison Trailblazer, which is a specialized trail-building machine. The Trailblazer works like a miniature backhoe with a bucket for digging, a blade for scraping, and tracks instead of wheels for better traction. Mr. Sheehan also has additional equipment specialized for trail construction purposes. Examples of trails constructed under the direction of Mr. Sheehan include the Stevens Creek Nature Trail at Monte Bello and the Black Mountain Trail at the Windmill Pasture Area of Rancho San Antonio. Planning staff will work with Mr. Sheehan to layout the trail locations, in accordance with the Trail Plan. Staff consulted with Mr. Sheehan in determining the feasibility of both of these complicated trail locations included in the plans. As a result, he is familiar with both preserves. Mr. Sheehan charges a rate of$40.00 per hour for trail layout and construction. His equipment is rented at a rate of$80.00 per day. The total cost of this contract with Mr. Sheehan will not exceed $24,200.00, plus the cost of insurance. This allows for a twelve week trail construction period, approximately six weeks for each preserve. Under the 1996 contract, Mr. Sheehan was added to the District's insurance policy for the duration of his trail construction work on the preserve. The additional cost to the District was approximately $100. Staff has consulted with the District's insurance carrier to again insure Mr. Sheehan on the District's policy. This approach allows for a considerable savings to the District over the alternative. Initial investigation of independent insurance carriers indicate that they could charge up to 25% of the cost of the contract to insure a small contractor such as Mr. Sheehan. This expense would be passed on to the District, thus increasing the expense of the project. The District is a recommended recipient of a $73,925 grant under the National Recreational Trails Fund Act for Phase II trail construction at El Corte de Madera Creek Open Space Preserve. A contract with the state for the funding has not yet been signed. The contract is anticipated to arrive after the beginning of the state's fiscal year in July. Upon signing the contract, any trail building expenditures at El Corte de Madera can be charged to the grant. Work is anticipated to coincide with the grant funding availability. Prepared by: Mary de Beauvieres, Open Space Planner Contact: Same as above AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AND EUGENE R. SHEEHAN THIS AGREEMENT, dated for convenience this 13th day of March, 1997, is by and between EUGENE R. SHEEHAN, a sole proprietorship, ("Trail Contractor") and the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, ("District") a special district; RECITALS: WHEREAS, Trail Contractor is specially trained, experienced, and competent to perform the special services which will be required by this agreement; and WHEREAS, Trail Contractor is willing to render such professional services, as hereinafter defined, on the following terms and conditions. NOW, THEREFORE, Trail Contractor and the District agree as follows: AGREEMENT: Scope of Service. Subject to the terms and conditions set forth in this agreement, Trail Contractor shall provide to District the services described in Exhibit A. Trail Contractor shall provide said services at the time, place, and in the manner specified in Exhibit A. (1) CCoo llpensation. District hereby agrees to pay Trail Contractor an hourly rate of $40.00 per hour for trail layout or construction services. Total compensation for Trail Contractor's services and expenses incurred pursuant to this agreement shall not exceed the sum of$24,200.00. (2) Effective Date and Term. The effective date of this agreement is March 13, 1997 and it shall terminate no later than October 15, 1997. (3) Independent Contractor Status. It is expressly understood and agreed by both parties that Trail Contractor, while engaged in carrying out and complying with.any of the terms and conditions of this agreement, is an independent contractor and not an employee of the District. Trail Contractor expressly warrants not to represent, at any time or in any manner, that Trail Contractor is an employee of the District. (4) Billings. Trail Contractor shall submit monthly bills to the District describing its services and costs provided during the previous month. Trail Contractor's monthly bills shall include the following information to which such services or costs pertain: a brief description of services performed, the date the services were performed, the number of hours spent and by whom, and a brief description of any costs incurred, and the Trail Contractor's signature. In no event shall Trail Contractor submit any billing for an amount in excess of the maximum amount of compensation provided in section (2). (5) Advice and Status Reporting. Trail Contractor shall provide the District with timely advice of all significant developments arising during performance of its services hereunder orally or in writing. (6) Assig_nment and Subcontracting. It is recognized by the parties hereto that a substantial inducement to District for entering into this agreement was, and is, the professional reputation and competence of Trail Contractor. Trail Contractor shall not subcontract any portion of the performance contemplated and provided for herein. (7) Insurance. On or before beginning any of the services or work called for by any term of this agreement, Trail Contractor, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the District the insurance specified in subsections (a) through (c) below with insurers and under forms of insurance satisfactory in all respects to the District. (a) Commercial General and Automobile Liability. Trail Contractor, at Trail Contractor's own cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this agreement in an amount not less than one million dollars per occurrence, combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this agreement, including the use of owned and non-owned automobiles. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: (i) District, its officers, employees, agents, and volunteers are to be covered as insureds as respects each of the following: liability arising out of activities performed by or on behalf of Trail Contractor, including the insured's general supervision of Trail Contractor; products and completed operations of Trail Contractor; Page 2 premises owned, occupied or used by Trail Contractor; or automobiles owned, leased, hired, or borrowed by Trail Contractor. The coverage shall contain no special limitations on the scope of protection afforded to District, its officers, employees, agents, or volunteers. (ii) The insurance shall cover on an occurrence basis, and not on the basis of an accident or claims made. (iii) The insurance must cover personal injuries as well as bodily injuries. Any exclusion of contractual liability in personal injury provisions of the policy or any endorsement to it must be eliminated. (iv) An endorsement must state that coverage is primary insurance and that no other insurance affected by the District will be called upon to contribute to a loss under the coverage. (v) Any failure of Trail Contractor to comply with reporting provisions of the policy shall not affect coverage provided to District and its officers, employees, agents, and volunteers. (vi) Broad form property damage liability must be afforded. A deductible that does not exceed $25,000 may be provided. (vii) Notice of cancellation or non-renewal must be received by District at least thirty days prior to such change. (b) Deductibles and Self-In-cuured Retentions. During the period covered by this agreement, upon express written authorization of District's Legal Counsel, Trail Contractor may increase such deductibles or self-insured retentions with respect to District, its officers, employees, agents, and volunteers. The District Legal Counsel may condition approval of an increase in deductible or self-insured retention levels upon a requirement that Trail Contractor procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. (c) Notice of Reduction in Coverage. In the event that any coverage required under subsections (a) and (b) of this section of the agreement is reduced, limited, or materially affected in any other manner, Trail Contractor shall provide written notice to District at Trail Contractor's earliest possible opportunity and in no case later than five days after Trail Contractor is notified of the change in coverage. Page 3 (d) In addition to any other remedies District may have if Trail Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, District may, at its sole option: (i) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the agreement; (ii) Order Trail Contractor to stop work under this agreement or withhold any payment which becomes due to Trail Contractor hereunder, or both stop work and withhold any payment, until Trail Contractor demonstrates compliance with the requirements hereof; (iii) Terminate this agreement. Exercise of any of the above remedies, however, is an alternative to other remedies District may have and is not the exclusive remedy for Trail Contractor's failure to maintain insurance or secure appropriate endorsements. (8) Indemnification - Tra'1 Contractor's Responsibility. It is understood and agreed that Trail Contractor has the professional skills, experience and knowledge necessary to perform the work agreed to be performed under this agreement, that District relies upon the professional skills of Trail Contractor to do and perform Trail Contractor's work in a skillful and professional manner, and Trail Contractor thus agrees to so perform the work. Acceptance by District of the work performed under this agreement does not operate as a release of said Trail Contractor from such professional responsibility for the work performed. It is further understood and agreed that Trail Contractor is apprised of the scope of the work to be performed under this agreement and Trail Contractor agrees that said work can and shall be performed in a fully competent manner. Trail Contractor shall indemnify, defend, and hold District, its officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, or other cause in connection with the negligent or intentional acts or omissions of Attorney, its employees, subcontractors, or agents, or on account of the performance or character of this work, except for any such claim arising solely out of the active negligence, sole negligence, or willful misconduct of the District, its officers, employees, agents, or volunteers. It is understood that the duty of District to indemnify and hold harmless includes the duty to defend as set forth in section 2778 of the California Civil Code. Acceptance of insurance certificates and endorsements required under this agreement does not relieve District from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or Page 4 not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. (9) Licenses. If a license of any kind, which term is intended to include evidence of registration, is required of Trail Contractor, its employees, agents, or subcontractors by federal or state law, Trail Contractor warrants that such license has been obtained, is valid and in good standing, and shall keep in effect at all times during the term of this agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations. (10) Terminaiion. This agreement may be terminated by the District immediately for cause or upon fifteen days written notice without cause. In the event of termination, the Trail Contractor shall be entitled to compensation for services performed to the effective date of termination. (11) Notices. Notices required by this agreement shall be personally delivered or mailed, postage prepaid, as follows: To Trail Contractor: E. R. Sheehan 244 E. Everett Avenue Sutherlin, OR 97479 (503) 459-9630 To the District: L. Craig Britton, General Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 (415) 691-1200 Each party shall provide the other party with telephone and written notice of any change in address as soon as practicable. Notices given by personal delivery shall be effective immediately. Notices given by mail shall be deemed to have been delivered forty-eight hours after having been deposited in the United States mail. (12) Amendments. This agreement may be modified or amended only by a written document executed by both Trail Contractor and District's General Manager and approved as to form by the District Legal Counsel. Such document shall expressly state that it is intended by the parties to amend the terms and conditions of this agreement. (13) Abandonment by Trail Contractor. In the event the Trail Contractor ceases performing services under this agreement or otherwise abandons the project prior to completing all of the services described in this agreement, Trail Contractor shall, without delay, deliver to District all materials and records prepared or obtained in the performance of this agreement, and shall be paid for the reasonable value of the services performed up to the time of cessation or Page 5 abandonment, less a deduction for any damages or additional expenses which District incurs as a result of such cessation or abandonment. (14) Waivgr. The waiver by either party of a breach by the other of any provision of this agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this agreement. (15) No Third-partyRiellU. The parties intend not to create rights in, or to grant remedies to, any third party as a beneficiary of this agreement or of any duty, covenant, obligation, or undertaking established herein. (16) Severability. Should any part of this agreement be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decision shall not affect the validity of the remainder of this agreement, which shall continue in full force and effect, provided that the remainder of this agreement, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the parties. (17) Compliance with Laws. In the performance of this agreement, Trail Contractor shall abide by and conform to any and all applicable laws of the United States, the State of California, and the Ordinances of District. Trail Contractor warrants that all work done under this agreement will be in compliance with all applicable safety rules, laws, statutes and practices, including but not limited to Cal/OSHA regulations. (18) Controlling Law. This agreement and all matters relating to it shall be governed by the laws of the State of California. (19) Conflict of Interest. Trail Contractor warrants and covenants that Trail Contractor presently has no interest in, nor shall any interest be hereinafter acquired in, any matter which will render the services required under the provisions of this agreement a violation of any applicable state, local, or federal law. In the event that any conflict of interest should nevertheless hereinafter arise, Trail Contractor shall promptly notify District of the existence of such conflict of interest so that the District may determine whether to terminate this agreement. Trail Contractor further warrants its compliance with the Political Reform Act (Gov. Code § 81000 et seq.) respecting this agreement. (20) Time is of the 1~ssence. Trail Contractor agrees to diligently prosecute the services to be provided under this agreement to completion and in accordance with any schedules specified herein. In the performance of this agreement, time is of the essence. (21) Whole Agreement. This agreement has 9 pages excluding the exhibits described on its signature page. This agreement constitutes the entire understanding and agreement of the Page 6 parties. This agreement integrates all of the terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof. (22) Multiple Copies of Agreement. Multiple copies of this agreement may be executed but the parties agree that the agreement on file in the office of District's District Clerk is the version of the agreement that shall take precedence should any differences exist among counterparts of the document. IN WITNESS WHEREOF, Trail Contractor has executed this agreement, and the District, by its General Manager, who is authorized to do so, has executed this agreement. TRAIL CONTRACTOR Dated: By: E. R. Sheehan F.I.N. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Dated: By: L. Craig Britton, General Manager Attest: Jean Fiddes, District Clerk Approved as to form and procedure: District Legal Counsel Attachments: Exhibit A: Scope of Services, consisting of 1 page. Exhibit B: Trail Plan Map of Fremont Older Open Space Preserve, consisting of 1 page. Exhibit C: Trail Plan Map of El Corte de Madera Open Space Preserve, consisting of 1 page. Page 7 Exhibit A: Scope of Services eject Description: Eugene R. Sheehan, Trail Contractor, will work with District staff to construct the Prospect Road Bypass Trail at Fremont Older Open Space Preserve and Phase H trail improvements at El Corte de Madera Creek Open Space Preserve. The project shall include layout and construction of the Prospect Road Bypass Trail at Fremont Older Open Space Preserve (see attached map, Exhibit B) and 'B' priority multi-use trails at El Corte de Madera Creek Open Space Preserve (see attached map, Exhibit Q. Trail layout and construction shall begin with the trail identified as the Prospect Road Bypass Trail at the Fremont Older Open Space Preserve. Upon completion of the Prospect Road Bypass Trail, Trail Contractor shall proceed with layout and construction of the trail at El Corte de Madera Creek Open Space Preserve. If time allows, layout and construction of additional 'B' priority trails at El Corte de Madera Creek Open Space Preserve shall also be completed. The Prospect Road Bypass Trail shall be constructed to a maximum width of six (6) feet, and a maximum grade of 10%. El Corte de Madera Creek trails shall generally be constructed to a width of five (5) feet, and a maximum grade of 15%. The completed trail surface shall be compacted soil. Obstructions such as trees or large rock outcroppings shall be avoided as practical. eject Manager: Julie McCullough, Open Space Planner, will be the District's Project Manager for the Prospect Road Bypass Trail project. Mary de Beauvieres, Open Space Planner, will be the District's Project Manager for the El Corte de Madera Creek Trail Proj ect. Page 8 lv FREMONT OLDER OPEN SPACE PRESERVE «--SEVEN SPRINGS TRAIL HAYFIELD TRAIL PROPOSED TRAIL TO HAYFIELD i PRIVATE PROPERTY PROSPECT ROAD / PARKING LOT SARATOGA COUNTRY CLUB LEGEND PRIVATE PROPERTY EXISTING FORESTS :.:.. : 0 200' : SCALE: 1' = 200' Exhibit B El Corte de Madera Creek Open Space Preserve Exhibit C ) t (' FI Corte . de Madera Creek Trail 0' m i� �. �t7 f • ( a/°M rail. _ SanYst°ne ▪ O V Formation S d N -(calf .CO \ 1 0 1. 1.2 Creek ---; ..._ ( Vis Pointat O TRAIL PROJECT Regional pen S ce R-97-37 Meeting 97-07 March 12, 1997 AGENDA ITEM MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Authorization to Interview Prospective Consultant Firms to Provide Civil Engineer Services GENIAL MANAGER'S RECOMMENDATIQ] Authorize staff to interview prospective consultant firms to provide civil engineering services on selected budgeted capital improvement projects during the 1997-1998 fiscal year. DISCUSSION The District has frequent need for engineering and construction administration assistance on a wide variety of small to medium construction and repair projects including roads, parking areas, small bridges, dams and spillways, drainage structures, retaining walls, utilities and water systems, structural repairs and modifications, and demolition of deteriorated structures on land acquired by the District. Traditionally, the District has worked with numerous different engineering and surveying consultants, often with several simultaneous contracts. The District has a current staff of four Open Space Planners, each of whom may manage capital improvement projects. The District's Open Space Planners are generalists, who take a large measure of the responsibility for day-to-day administration and coordination of the projects they manage, including those that are primarily engineering projects. Due to the growth in the number and scope of the District's capital improvement projects, the Planning staff would like to test the feasibility of hiring a firm or team of firms as contract Civil Engineer for the District for an anticipated one year renewable contract. The District Engineer would be responsible, on a case -by -case negotiated basis, for providing engineering studies, construction documents, permit processing, surveying and construction administration and observation services. Many local cities, including Portola Valley and Los Altos Hills, have utilized this type of arrangement. The objectives of the District Engineer arrangement are to 1) increase the efficiency of project implementation by reducing the time for negotiation of the individual project contracts and increasing the consultant's familiarity with the District's lands, personnel, and procedures; 2) improve the staff's access to engineering assistance on small projects and issues that don't justify negotiating a formal contract; and 3) expand staff's resources and expertise for projects with technical engineering requirements thereby saving time and expense. The range of the District's projects requires services from a variety of professionals including surveyors, civil engineers, structural engineers, geotechnical engineers, architects, landscape 330 Distel Circle • Los Altos, CA 94022-1404 • Phone: 41S 691 "I 200 FAX: 415-691-0485 • E-mail: mrosdrropenspace.org • Web site: www.openspace.o Board of I)rrectors: P Siemens, Mary C. Davey, Jed Cyr, David 1. Smernott, Nonette Hanko, Betsy Crowder, Kenneth C. Nitz " General Manager: L. Craig Brittor R-97-37 Page 2 architects, and environmental consultants. It is anticipated that some of the District's projects will require consulting assistance beyond the scope of what the District Engineer can provide, and that other firms will still be utilized. It is anticipated that a civil engineering firm would provide the broadest coverage of the District's consulting needs, particularly if the firm can provide surveying, construction management, and minor structural design services. Any additional professional services that the firm can provide will also be advantageous. Staff proposes to seek qualification submittals from local civil engineering firms to provide the District Engineer services. The anticipated fees for District Engineer services over the next fiscal year exceed $100,000, based on the attached list of projects which are included in the budget, however there would be no guarantee to the consultant as to the total amount of services that will be authorized. The District will work with the consultant to anticipate and plan the workload as far in advance as possible. Selection criteria for the District Engineer are proposed to include: 1) demonstrated experience with projects similar to those the District typically undertakes; 2) experience with conditions, agencies, and contractors in the San Francisco Peninsula Region, and particularly in mountainous rural areas; 3) ability to provide personnel with qualifications and charge rates suited to a range of project requirements; and 4) ability to be flexible and responsive in providing the necessary assistance. District staff will review and rank firms or teams based on qualification submittals and negotiate a formal Consulting Services Agreement. The final agreement would be returned to the Board for approval. This is anticipated to occur by approximately April 15, 1997. Authorization of specific projects or services will be in accordance with current policies and procedures, including project/contract authorization by the General Manager or the Board of Directors depending on the scope and amount of the services. Prepared by: Randy Anderson, Senior Planner Contact person: same as above Potential District Engineer Projects (w/ B budgets at 100%) Parking FOOSP Parking Studies Pulgas Parking Plans ECM Parking Topo Survey WH Parking Construction Admin. RSA Rhus Ridge Drainage Study RSA Entry Road Const. Admin. Subtotal Bridges PCR Grabtown Gulch Bridge Structures/ Demo $30,000 (B) $10,000 (B) $ 3,000 (A) $17,500 (A) (5% of $350,000 budget) $ 500 (B) (10% of $5,000 budget) $ 1,770 (A) (5% of $35,000 budget) $62,770 $ 5,000 (A) (study) Subtotal $ 5,000 RSA Shop Bldg, Seismic Upgrade Const. Admin. (Combined Disposition Study): LHC Garage Impr./ Demo Mt. Um Reynolds Rd. Rngr. Res. LR Landre House Disposition LHC Houghton Cabin Disposition SG Cabins Disposition SR Office and Shed Demo Subtotal Misc. Projects LR Elec. Service to Gate Thornewood Boundary Survey Misc. Unanticipated Engineering Subtotal $ 6,000 (A) (5% of $120,000 budget) $ 4,000 (B) $ 4,000 (B) $ 4,000 (B) $ 4,000 (B) $ 4,000 (B) $ 4,000 (B) $30,000 $ 1,000 (A) (10% Of $10,000 budget) $ 2,500 (A) $10,000 (A) $13,500 Grand Total $111,270 Regional Open S ce R-97-38 Meeting 97-07 March 12, 1997 AGENDA ITEM MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Tentative Approval of an Amendment to the Use an anagement Plan for Pulgas Ridge Open Space Preserve to Accommodate a Communication d Site Agreement with Sprint Spectrum GENERAL MANAGER'S RECOMMENDATION 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set forth in this report. 2. Tentatively adopt the amendment to the Pulgas Ridge Open Space Preserve Use and Management Plan contained in this report to permit a telecommunication facility to be placed on an existing Pacific Gas and Electric transmission tower. 3. Indicate your intention to enter into a Communications Site Lease and Agreement with Sprint Spectrum, a Limited Partnership, for a telecommunications facility at Pulgas Ridge Open Space Preserve and return to the Board for final action. DISCUSSION Sprint Spectrum, a Limited Partnership contacted the District proposing the installation of a telecommunications facility at an existing PG&E transmission tower located at the Pulgas Ridge Open Space Preserve (Exhibit A). The existing tower is situated at the southwest corner of the preserve adjacent to the CalTrans Park and Ride lot at Edgewood Road and Interstate 280 in unincorporated San Mateo County (Exhibit B). Sprint has a separate agreement with PG&E to install communications facilities on existing PG&E tower locations. However, the PG&E easement over District land is limited to power transmissions and includes no rights to grant alternate uses. Therefore, Sprint Spectrum must obtain District approval to install any communications facilities at the PG&E tower. District approval will require an amendment to the Pulgas Ridge Open Space Preserve Use and Management Plan permitting the proposed telecommunications facility and approval of the attached Communications Site Lease and Agreement. The Sprint facility would consist of a maximum of six cross -polar antennas and one GPS antenna on the existing tower and a maximum of five equipment cabinets located at ground level below the tower. The cabinets are 2'-7" wide by 5'-0" high by 2'-6" deep. The Lease area will be 270 sq. ft. at the base of the existing tower (Exhibit C). The facility will require undergrounding electricity from Edgewood Road through the CalTrans Park and Ride lot along the existing PG&E easement, including approximately fifteen (15) feet of District land. The facility will be accessible from the CalTrans lot via an existing dirt and gravel access road (Exhibit B). 330 Distel Circle • Los Altos, CA 94022-1404 • Phone: 415-691-1200 FAX: 415-691-0485 • E-mail: mrosd@openspace.org • Web site: www.openspace.org Board of Directors: Pete Siemens, Mary C. Davey, Jed Cyr, David T. Smernoff, Nonette Hanko, Betsy Crowder, Kenneth C. Nitz • General Manager: L. Craig Britton R-97-38 Page 2 The District adopted a communications policy for the existing facilities at Black Mountain, Monte Bello Open Space Preserve on December 8, 1982 (see memorandum M-82-119 dated November 19, 1982). Policies for the Black Mountain Communications Facilities states that a new facility or lease will be considered on a case by case basis and where "additional facilities do not materially increase the impact on the open space preserve". Though this policy is not specific to the Pulgas Ridge Open Space Preserve, the Sprint Spectrum proposal and Lease is in compliance with the objectives of this policy. Because these facilities will be located on an existing transmission tower, the antenna attachments and equipment cabinets will have an insignificant impact on the preserve. Use and Management Planning Considerations Staff visited the site to determine the potential visual impacts of the telecommunications antenna to the preserve. The existing PG&E tower is not visible from the main part of the preserve where the trail system is located. The tower is the southern edge of the property which is across a valley and over a ridgeline from the central portion of the preserve. Due to the location of the tower, staff does not believe that the antenna will impact our visitors. In fact, most will be unaware of its existence. The tower is visible to vehicle traffic on both Edgewood Road and Highway 280. However, due to the size and design of the antenna, staff believes that the proposed antennas will be difficult to detect from vehicles traveling on these roads, and therefore will have a negligible visual impact on passersby. Lease • greement Terms and key provisions of the proposed Communications Site Lease and Agreement are as follows: 1) The initial annual rent will be $22,000 increasing 5% annually during the first five (5) year term. 2) There are options for four (4) additional five (5) year terms consistent with California Public Resources Code 5563. 3) The Lessee is required to obtain all necessary government permits and approvals to construct and operate the communications facilities at this location. 4) Lessee has the right to install utilities to the facilities at their sole expense. 5) Any additional alterations or additions to the proposed communications facilities will require prior written approval by the District. R-97-38 Page 3 6) Lessee will provide liability insurance for their operations on the property. 7) Lessee is solely responsible for restoring the site to its previous condition if disturbed during installation, maintenance or removal of the facilities. CEQA Compliance The project includes addition of an accessory structure (telecommunications antenna) to an existing facility (PG&E tower). The project is categorically exempt under sections 15301, and 15311 of the California Environmental Quality Act Guidelines. Categorical Exemption 15301 - Existing Facilities The minor alteration of an existing public or private structure (addition of a telecommunications antenna to the existing PG&E tower), involves negligible expansion of use. Categorical Exemption 15311 - Accessory Structures Placement of the antenna is considered a minor structure accessory to an existing institutional facility. The Pulgas Ridge Use and Management Plan Amendment qualifies under both exemptions. Conclusion Staff supports the proposed the Sprint Spectrum proposal. Because the PG&E tower already exists and is not visible from most of the preserve, staff feels the proposed use and lease agreement for this location is a suitable and compatible Enterprise use. Moreover, this proposal provides a unique opportunity to increase District rental revenue with minimal visual impact on District land. Staff recommends the tentative adoption of the Pulgas Ridge Open Space Preserve Use and Management amendment to permit a telecommunications facility at the existing PG&E transmission tower and indicate your intention to enter into the proposed lease agreement with Sprint Spectrum upon approval of the final reading of the proposed amendment. Final action is scheduled for the District's Board of Directors Meeting on April 9, 1997. Prepared by: Michael C. Williams, Real Property Representative Julie McCullough, Open Space Planner Contact person: Michael C. Williams PULGAS RID E OPEN SPACIPPRESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 400 I I EXHIBIT A Please stay on trails. Lands adjacent to road are not open to the public 04 0.6 I i t 03 I EDGEWOOD �� COUNTY PARK ,�;• Mateo County) 0.4 • 0 0 1 2 3 4 5 6 7 .8 .9 1.0 — Map Legend — Gate (tts) 1 r r -r Trail Distance in Miles Creek Roadside Parking Whole Access Trail Dogs Ott Leash Permitted Here Dogs on Leash Permitted on Preserve Othe Public Lands No Public E itry Pneaie _r Leassi Land Trail Use Hiking Only Hiking, Bicycling Equestrian. Hiking One Mile MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PULGAS RIDGE OPEN SPACE PRESERVE EXHIBIT B \ \ \ \ \ \ \ �\ \ N\ \ •\ \\ PREMESIS \ •\\( Existing PG&E tower) \ \ Z. \\ \\ DISTRICT LAND ACCESS ROAD N SCALE: 1" = 120' J•2 7 N EXISTING OAK TREES -- f W3 Ali Pi �j n�0 •I t0 a (.Z TISIING PARK AND RIDE AREA 1\ SOUTHEAST ELEVATION 1A -21J SCALE I%16' . 1 -0" 1X'511110 PILAF TOMER PROPOSED DES ANTENNA PROPOSED PANEL ANTENNAS wTA KRTICAL SEPARATION EXISTING CHAIN -LINK FENCE i - PROPOSED EOUIPMFNT j CARNE'S N1GH TENSION HIGH TENSION RARE EXISTING POKE TOMER • PROPOSED CPS ANTENNA PROPOSED PANEL ANTENNAS EXISTING OAK TREES-'--- /PROPOSED EQUIPMENT CA81NI TS 7 r 2 N O R T H E A S T E L E V A TI Q N 1 ! J i' SCALE 1/16',. V-0" I, EXHIBIT C Est.; 4 Op Q LUCENT TECHNOLOGIES AN0 BECHTEL ALLIANCE 0 CSiEE SPRINT SPECTRUM L.P. PCS INSTALLATION PROJECT BI. SITE INFORMATION PG&E EDGEWOOD EDCEW000 RD. • 40 SAN CARLOS. CA FS -09-370 DESIGN TYPE OUTDOOR EQUIPMENT WITH EXISTING TOWER SKEET TITLE ELEVATIONS SHEF1 NIfMRFR REV A2A COMMUNICATIONS SITE LEASE AND AGREEMENT THIS LEASE is made and entered into this day of , 1997 by and between Midpeninsula Regional Open Space District, a Public District, hereinafter called "District" and Sprint Spectrum L.P., a Delaware limited partnership, hereinafter called "Lessee." RECITALS A. District is the owner of that certain real property which includes an existing PG&E High Voltage Tower located in the County of San Mateo, State of California, also known as Assessor's Parcel Number 050-470-080 which is part of the District's Pulgas Ridge Open Space Preserve, as shown on Exhibit A attached hereto and incorporated herein by this reference (the "District Land"). B. Lessee plans to install at the existing PG&E Tower location on a portion of District Land, a Personal Communications Service System facility ("PCS") and related equipment, antennas, transmission lines, equipment cabinets, cable runs and utility lines (the "Improvements" pursuant to the terms and conditions hereof: C. Lessee has a separate Lease Agreement with PG&E to install communication facilities at PG&E Tower locations. 1. Premises. District owns the real property as shown on Exhibit A which includes an existing PG&E Tower. Subject to the following terms and conditions, District leases to Lessee that portion of District's Land consisting of approximately 270 square feet where the PG&E Tower is located, including any applicable easements for access and utilities, more particularly described and shown on Exhibit B attached hereto and incorporated herein by this reference (the "Premises"). 2. Commencement of Lease. (a) This Lease, and Lessee's obligations hereunder are expressly conditioned upon, and subject to, Lessee obtaining the necessary permits, including but not limited to Use and Building Permits, from the appropriate government agencies, on terms and conditions acceptable to Lessee, to build and operate the "Improvements" provided for in paragraph 8 hereof. (b) The "Commencement Date" of this Lease shall be 60 days following issuance of a valid Building Permit for construction of the Improvements and operation of the PCS issued by the appropriate government agencies or the completed installation of said improvements, whichever occurs first. 3. Use. The Premises may be used for purposes of installing, replacing, removing, operating and maintaining equipment for transmission and reception of electromagnetic and other communications signals, including the PCS, and for all lawful uses incidental thereto, and for no other purpose without District's prior written consent. District agrees, at no expense to District, to cooperate with Lessee in making application for and obtaining all licenses, permits and any and all other necessary approvals that may be required for Lessee's permitted use of the Premises. Lessee shall use the Premises in accordance with any statute, ordinance, rule, regulation, or other statement of lawful governmental authority with jurisdiction over the Premises and Lessee's use thereof now in force or which may hereafter be promulgated (collectively "Regulations"), and shall at its own expense abide by and comply with any and all such Regulations regulating Lessee's use of the Premises. Such Regulations shall be deemed to include the "Regulations for Use of Midpeninsula Regional Open Space District Land" and Item No. 3 of the Midpeninsula Regional Open Space District Basic Policy, both of which are attached hereto as Exhibit C and incorporated herein by this reference. Page 1. 4. Conditions Precedent. Performance by Lessee under this Lease shall be conditioned upon execution of this Lease by Lessee's authorized representative, and approval and issuance of all necessary governmental approvals and permits to enable Lessee to construct and operate mobile/wireless communications facilities on the Premises. 5. Term. (a) The term of this Lease shall commence as of the Commencement Date as defined in paragraph 2 hereinabove, and shall expire five (5) years thereafter, unless sooner terminated in accordance with the provisions hereof, or unless extended pursuant to any right to extend the Lease term expressly granted herein. (Option to Extend Term as further described in paragraph 23.) (b) Lessee acknowledges that California Public Resources Code Section 5563 provides in part that: "When land or property is temporarily unnecessary for park or open space purposes, it may be leased for other purposes for a term not exceeding 25 years with an express provision in the lease that should the board by ordinance determine to use the lands for park, open space, or other District purposes, the lease shall thereby be terminated." Accordingly, notwithstanding anything to the contrary herein contained, District shall be entitled to terminate this Lease, at any time during the term hereof, pursuant to the procedure required under said Section 5563, provided only that District delivers to Lessee (i) thirty (30) days prior written notice of any hearing or meeting to consider or adopt a resolution or ordinance affecting or terminating this Lease and (ii) written notice of such termination at least twelve (12) months prior to the date on which such termination shall become effective. (c) During each five (5) year Renewal Tenn, Rent shall be increased annually by a minimum of four percent (4%) or the increase in the Consumer Price Index (CPI) for the San Francisco - Oakland metropolitan area, whichever is greater, in accordance with paragraph 23 below. This increase will be allocated annually during each Renewal Term. 6. Rent. Upon the Commencement Date, Lessee shall pay District rent annually and on each anniversary of the Commencement Date. The annual rent shall be Twenty -Two Thousand Dollars ($22,000.00). The rent shall be increased by 5% annually during the initial five year term, or as follows: First year of the Lease In the second year of the Lease In the third year of the Lease In the fourth year of the Lease In the fifth year of the Lease $22,000 annual $23,100 annual $24,255 annual $25,468 annual $26,741 annual All rent payable by Lessee under this Lease shall be payable without notice or demand, and without any deduction, offset or abatement, in lawful money of the United States of America to District at the address stated in paragraph 24 to such other persons or at such other places as District may from time to time designate in writing. 7. Taxes. Lessee shall pay any and all possessory taxes levied against the Premises and/or the Improvements Lessee constructs during the Lease term. Lessee shall pay such taxes at least ten (10) days prior to delinquency thereof, and on request shall promptly deliver to District written receipts or other reasonable evidence of the payment thereof. 8. Improvements. (a) Lessee shall install, maintain and operate on the Premises the following ("Improvements"): Six cross -polar panel antennas and one GPS antennas on an existing PG&E tower. The Page 2. panel antennas will be flush mounted and the GPS antenna will be mounted 1'-0" above the panel antennas. The panel antennas are 8" wide by 4'-8" tall by 2.75" deep. A total of five equipment cabinets will be located at ground level under the tower. The equipment cabinets are 2'-7" wide by 5'-0" tall by 2'-6" deep and will house the transmit and receive equipment." (b) Title to the Improvements. Title to all Improvements and/or Alteration constructed by or for Lessee shall be vested in and remain the personal property of Lessee and may be removed at any time by Lessee. Upon written request from Lessee, District shall, at no cost to District, execute and deliver any commercially reasonable instrument that may be required by any equipment supplier, vendor, lessor and/or lender whereby District waives and/or releases any rights it may have or acquire with respect to any of Lessee's Improvements and/or Alterations and agrees that the same do not constitute realty. 9. PG&E Easement. Lessee will be attaching its antennas to a tower owned and controlled by Pacific Gas and Electric Company, a California corporation ("PG&E) and located on District Land, as shown on Exhibit B hereto. PG&E is entitled to place its towers and associated equipment on District Land pursuant to a right of way and easement agreement (the "PG&E Easement"). District hereby consents to Lessee's use of PG&E's tower and easement area as contemplated herein. To the extent the PG&E Easement does not permit PG&E to license, lease or grant Lessee the right to place its antennas and associated cables and equipment on PG&E's tower and easement area, District agrees to execute a recordable modification/ amendment to the PG&E Easement in commercially reasonable form and content to expressly permit Lessee's intended use on PG&E's easement area and tower located thereon. Regardless of whether such modification/amendment is executed, District represents, warrants and agrees that it shall not in any manner allege, assert or claim (against PG&E, Lessee or any other party) that Lessee's use of PG&E's tower or easement area as contemplated by this Lease is in violation of or exceeds the permitted scope or use of or under the PG&E Easement. 10. Access to Premises. (a) Lessee shall have the right at any time following the full execution of this Lease to enter the Premises for the purpose of installing the Improvements indicated in paragraph * above. (b) Lessee shall have the sole responsibility to obtain access or easement rights to use the "Access Road" from the CalTrans "Park and Ride" parking lot which is adjacent to Edgewood Road and Highway 280 as shown on Exhibit A attached hereto and incorporated herein by this reference. (c) Lessee shall maintain the Access Road from the public "Park and Ride" lot to the Premises in a manner sufficient to allow access. Lessee shall be solely responsible for maintaining and repairing said Access Road, at its sole expense. (d) Lessee shall have the right to install utilities, at Lessee's expense, and to improve the present utilities on or near the Premises (including, but not limited to the installation of emergency back- up power). Subject to District's approval of the location, Lessee shall have the right to place utilities on (or to bring utilities across) District's Land as depicted in Exhibit A in order to service the Premises and Lessee's Facilities. To the extent utility locations are shown on Exhibit B hereto, District hereby approves Lessee's proposed utility locations as shown therein. (e) Lessee shall fully and promptly pay for all utilities furnished to the Premises for the use, operation and maintenance of Lessee's Facilities. (f) Lessee shall, at Lessee's sole cost and expense, repair all damage to the Access Road, as well as all damage to improvements within or adjacent to the Access Road designed to protect the CA...\SPRINT.ISE Page 3. surface of the Access Road such as water drains, berms, or culverts, to the extent such damage is caused by use of the Access Road by Lessee or its agents, employees, or contractors. Lessee shall be liable for any damage to the Access Road and its immediate surroundings to the extent arising from its use thereof, or its repair or failure to repair the same as hereinabove required. (g) Prior to commencing construction of Lessee Facilities, Lessee shall obtain District approval of Lessee's conceptual work plans ("Plans"). District shall give such approval or provide Lessee with its requests for changes within five (5) working days of District's receipt of Lessee's Plans. If District does not provide such approval or request for changes within such five (5) working day period, it shall be deemed to have approved the Plans. To the extent such Plans are shown on Exhibit B hereto, District hereby approves said Plans. District shall not be entitled to receive any additional consideration in exchange for giving its approval of Lessee's Plans. Upon District's expressed or deemed approval of the Plans, Lessee shall be entitled to commence and complete construction of Lessee's Facilities on the Premises, as contemplated by lessee, in accordance with the Plans. 11. Maintenance and Repair. Lessee acknowledges that it has inspected the Premises, and Lessee accepts the Premises "as is" in the condition existing as of the Commencement Date. Lessee shall, at Lessee's expense, maintain the Premises in good, safe and sanitary condition, order and repair, and shall keep the Premises free from trash and other debris. Lessee shall promptly remove from the Premises any vehicles, machinery, equipment or other items which Lessee from time to time no longer uses in the conduct of its business on the Premises. 12. Alterations. (a) Except for the permitted Improvements specified in paragraph 8, Lessee shall not make or permit to be made any alterations, additions or improvements ("Alterations") to, or of, the Premises or any part thereof without the prior written consent of District. (b) Except for the permitted Improvements specified in paragraph 8, District shall be entitled to review and accept or reject the design of Alterations which Lessee may desire to make to the Premises. Prior to commencing construction or installation of any alteration the design of which District determines is acceptable, Lessee shall deliver to District detailed plans and specifications for such construction or installation and obtain District's consent thereto. (c) Any consent given by District pursuant to this paragraph 12 shall not constitute implied consent to any subsequent alteration upon or to the Premises, except for Permitted Alterations, but shall apply only to those items or matters for which consent was expressly requested. (d) Lessee shall notify District at least ten (10) days in advance of any construction on the Premises, and District shall be entitled to post on the Premises notices of non -responsibility in favor of District prior to Commencement of any such construction. (e) Notwithstanding subsection (a) and (b) above, Lessee shall have the right to make Alterations to, or of, the Improvements without securing District's prior approval provided that such Alterations or modifications either substantially conform to, or are smaller than, the physical specifications (i.e. height, width, depth and size) of Improvements previously approved by District, and do not extend beyond the boundary of the leased Premises. 13. Interference with Communications and Indemnification of Interference Claims. Lessee's Facilities shall not disturb the communications configurations, equipment and frequency which exist on District Land on the Commencement Date, and Lessee's Facilities shall comply with all non-interference rules C:\...\SPRINT.LSE Page 4. of the Federal Communications Commission ("FCC"). District shall not permit the modification or improvements of existing, or installation of any new, equipment on the Property which results in technical interference with Lessee's then existing PCS equipment and Improvements. In any future lease, license or other grant of permission to use District's Land, District shall require said user to expressly agree for the benefit of Lessee, to not install or operate any equipment which would cause technical interference to Lessee's then existing communications facilities located on the Premises. Lessee agrees to indemnify District, hold District harmless and defend District from and against any and all claims, demands, or actions arising from claims of other Lessees of the District which exist and are in operation on the Commencement Date of frequency interference caused by Lessee. The parties acknowledge that the FCC has exclusive jurisdiction over disputes regarding frequency interference. 14. Liens. Lessee shall keep the Premises free from any liens arising out of any work performed, materials furnished or obligations incurred by Lessee. 15. Waiver of Claims and Indemnification. Lessee waives all claims against District for loss of business or for damage to property, including the Improvements and any alterations thereto and any equipment or machinery therein, or injury or death to persons occurring in, on, or about the Premises, or the Access Area, from any cause arising at any time, except as may be caused by the negligence or willful misconduct of District. Lessee, on behalf of itself and its agents and employees, hereby indemnifies District and holds District exempt and harmless from and against any damage to property or injury or death to persons arising from the use by Lessee or its agents and employees of the Premises, or the Access Area, or from the failure of Lessee to keep the Premises, or the Access Area in good and safe condition as herein provided. District shall not be liable to Lessee or its agents and employees for any damage, injury, or death arising out of the act or negligence of any owner, occupant, or user of any property adjacent to or in the vicinity of the Premises and not owned by District. Lessee shall pay for all damage to the Premises and surrounding areas caused by its agents and employees, invitees, licensees, agents, contractors, and employees. 16. Condemnation. If a condemning authority takes all of District's Land, or a portion which in Lessee's opinion is sufficient to render the Premises unsuitable for Lessee's use, then this Lease shall terminate as of the date when possession is delivered to the condemning authority. In any condemnation proceeding each party shall be entitled to make a claim against the condemning authority for just compensation. Sale of all or part of the Premises to a purchaser with the power of eminent domain in the face of the exercise of its power of eminent domain, shall be treated as a taking by a condemning authority. 17. Insurance. (a) Lessee shall maintain the following insurance: (1) Commercial General Liability with limits of $5,000,000.00 per occurrence, (2) Automobile Liability with a combined single limit of $1,000,000.00 per accident, (3) Workers Compensation as required by law, and (4) Employer's Liability with limits of $1,000,000.00 per occurrence. Lessee shall name District as an additional insured with respect to the above Commercial General Liability and Automobile insurance. (b) Policies of Insurance. All required insurance policies must be taken out with reputable national insurers that are licensed to do business in California. Lessee will deliver certificates of insurance to District upon request. All policies must contain an undertaking by the insurers to notify District in writing not less than fifteen (15) days before any material change, reduction in coverage, cancellation, or termination of the insurance. The limits of said insurance shall in no event be deemed to limit the liability of Lessee hereunder. C:L..VSPRINT.LSE Page 5. (c) District shall have no obligation to insure against loss to Lessee's leasehold improvements, fixtures, machinery, equipment, or other personal property in or about the Premises occurring from any cause whatsoever, and Lessee shall have no interest in the proceeds of any insurance carried by District. 18. Assignment and Subleasing. Lessee may not assign or sublease, or otherwise transfer all or any part of its interest in this Agreement or in the Premises without the prior written consent of District, such consent not to be unreasonably withheld; provided, however, that Lessee may, without the District's prior consent, assign its interest to its parent company, its general partner(s), any subsidiary or affiliate or to any successor -in -interest or entity acquiring fifty-one percent (51%) or more of its stock or assets. 19. Entry by District. District shall, at any and all reasonable times and upon 24 hours written notice to Lessee, have the right to enter onto the Premises to inspect the same, to exhibit the Premises to prospective purchasers or Lessees, to post notices of non -responsibility, all without abatement of rent payable by Lessee hereunder. Lessee hereby waives any claim for damages for any loss of occupancy or quiet enjoyment of the Premises occasioned thereby. Notwithstanding the foregoing, District shall not access, disturb or open any of Lessee's equipment or Improvements located on the Premises, except in the case of an emergency situation which poses a substantial immediate threat of injury to persons or damage to Property, and in such event District shall give Lessee as much prior notice as is reasonably possible under the circumstances prior to such emergency access. 20. Termination. This Lease may be terminated without further liability on thirty (30) days prior written notice as follows: (i) by either party upon default of any covenant, condition, or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default; (ii) by Lessee for any reason or for no reason, provided Lessee delivers written notice to termination to District prior to the Commencement Date; (iii) by Lessee if it does not obtain or maintain, licenses, permits or other approvals necessary to the construction or operation of Lessee's Facilities; or (iv) by Lessee if Lessee is unable to occupy or utilize the Premises due to ruling or directive of the FCC or other governmental or regulatory agency, including but not limited to, a take back of channels or change in frequencies; or (v) by Lessee if Lessee determines that the Premises are not appropriate for its operations for economic, environmental or technological reasons, including without limitation, signal strength or interference. 21. Waiver. The waiver by either party of an breach of any term, covenant, or condition herein contained by the other party shall not be deemed to be a waiver of such term, covenant, or condition or any subsequent breach of the same or any other term, covenant, or condition herein contained. The subsequent acceptance of rent hereunder by District shall not be deemed to be a waiver of any preceding breach by Lessee of any term, covenant or condition of this Lease, other than the failure of Lessee to pay the particular rent so accepted. 22. Surrender of Premises. (a) At the expiration or sooner termination of this Lease, Lessee shall be entitled, without obtaining District's prior consent, to remove all Improvements, mixtures, equipment, furnishings and furniture, regardless of whether such items are affixed to the Premises, provided any damage to the Premises occasioned thereby is promptly repaired by Lessee at Lessee's sole cost and expense (unless District expressly waives the need for such repairs). (b) Lessee hereby specifically waives any rights to, and releases District from, any and all claims for relocation benefits and/or relocation payments to which Lessee might otherwise be entitled pursuant to California Government Code Section 7260 at sec., and any similar or successor statutes. Lessee C:\...\SPRINT.LSE Page 6. 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. (c) Lessee shall have sole responsibility to restore any area adversely impacted by Lessee's use thereof to its previous condition immediately prior to Lessee's use thereof, including the restoration of native plantings and vegetation which existed prior to the installation, maintenance, operation or removal of the Improvements. 23. Option to Extend Term. (a) District hereby grants to Lessee an option to extend the term of this Lease for an additional period of five (5) years upon expiration of the initial five-year term of this Lease, and three (3) additional options each to extend the term of this Lease for one additional period of five (5) years upon expiration of the immediately preceding five (5) year period, so that the maximum term of this Lease, including the initial five years of this Lease, shall be a total of twenty-five (25) years. Each of said four (4) options to extend the term for an additional five-year period shall be exercised by Lessee, if at all, by Lessee's delivery of notice of exercise of such option to District at least three (3) months, but not more than nine (9) months, prior to expiration of the Lease term (as extended, if at all, from time to time). Each of said five-year extension periods shall be on all the provisions contained in this Lease, except for the rent, which shall be adjusted as provided in paragraph 23(b) below. Notwithstanding the foregoing, if Lessee is in material default beyond any applicable notice and core period hereunder on the date of delivery of any option notice required to be given in order to exercise an option, said option notice shall be totally ineffective, or if Lessee is in material default beyond any applicable notice and core period on the date the extended term referred to in any such option notice is to commence, such extended term shall not commence and this Lease shall expire at the end of the term during which such option notice is given. Lessee shall not be entitled to exercise any of the options to extend following the first option to extend unless each and all of the preceding options to extend have been properly exercised in accordance with the provisions of this paragraph 23(a). In the event the term of this Lease shall for any reason expire or terminate, all options to extend which have not been exercised shall be deemed to terminate upon such expiration or sooner termination, and shall thereafter be of no further force or effect. After Lessee's exercise of any one or more of said options to extend, all references in this Lease to the term shall be considered to mean the teen as extended, and all references to expiration or termination of the term of this Lease shall be considered to mean the expiration or termination of the term as extended. (b) Upon exercise by Lessee of any of the four (4) options to extend the Lease term for a period of five (5) years granted pursuant to paragraph 23(a) above, the parties shall have sixty (60) days after District receives the option notice exercising said option during which to agree upon the amount of Fixed Minimum Rent to be payable upon commencement of the extended term referred to in said notice . It the parties agree upon the amount of Fixed Minimum Rent for the first year of said extended term, they shall immediately thereafter execute an amendment to this lease stating the amount thereof. If the parties are unable for any reason to agree upon the amount of such Fixed Minimum Rent within said sixty (60) day period, the Fixed Minimum Rent shall be determined by arbitration: the Lessee shall select an Arbitrator and shall communicate the name of the Arbitrator to the District; the District shall have ten (10) days to select an Arbitrator and communicate the name of the same to the Lessee; the two Arbitrators so selected shall select a third Arbitrator and all arbitration shall be completed prior to the expiration date of the term hereof; a decision of the majority of the Arbitrators shall be binding on both parties; the costs of arbitration shall be borne by the losing party, and such arbitration shall be conducted in accordance with the Rules of the American Arbitration Association, however Section 25 shall not apply. 24. Notices. All notices, statements, demands, requests, approvals, or consents (collectively "notices") given hereunder by either party to the other shall be made in writing and shall be served personally C:1...\SPRINT.LSE Page 7. or by first class mail, certified or return receipt requested, postage prepaid, and addressed to the parties as follows: District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Attn: Michael C. Williams, Real Property Representative Lessee: Sprint Spectrum L.P. 4683 Chabot Drive, Suite 100 Pleasanton, CA 94588 Attn: Property Manager - South Copy to: Sprint Spectrum Business Law Group 4717 Grand Avenue, 5th Floor Kansas City, MO 64112 And to: Knox Ricksen LLP Lake Merritt Plaza 1999 Harrison Street, Suite 1700 Oakland, CA 94612-3500 Attn: John S. Boat or to such other address as either party nay have furnished to the other as a place for the service of notice. Any notice so served by mail shall be deemed to have been delivered three (3) days after the date posted. 25. Attorneys' Fees. If any action at law or in equity shall be brought to recover any rent under this Lease, or for or on account of any breach of or to enforce or interpret any of the provisions of this Lease, or for the recovery of the possession of the Premises, the prevailing party shall be entitled to recover from the other party reasonable attorneys' fees, the amount of which shall be fixed by the court and shall be made a part of any judgment rendered. 26. General. (a) This Lease contains all of the terms, covenants, and conditions agreed to by District and Lessee, and this Lease may not be modified orally or in any manner other than by an agreement in writing signed by all of the parties to this Lease or their respective successors in interest. (b) The covenants and conditions hereof, subject to the provisions as to subletting and assignment, shall inure to the benefit of and bind the heirs, successors, executors, administrators, sublessees, and assigns of the parties. (c) When the context of this Lease requires, the masculine gender includes the feminine, a corporation, or a partnership, and the singular number includes the plural. (d) The captions of this Lease are for convenience only and are not a part of this Lease and do not in any way limit or amplify the terms and provisions of this Lease. of California. (e) This Lease shall be governed and construed in accordance with the laws of the State C:\...VSPRINT.ISE Page 8. (f) Time is of the essence as to all of the provisions of this Lease as to which time of performance is a factor. (g) All persons who have signed this Lease shall be jointly and severally liable hereunder. (h) If requested by Lessee, District will execute a recordable memorandum of this Lease. 27. Warranties and Covenants of District. District warrants and covenants to Lessee that District is the owner and/or has legal right to possession of the District Land and the Premises and the power and the right to enter into this Lease, and that Lessee, upon the faithful performance of the teams, conditions and obligations of Lessee contained in this Lease, shall peaceable and quietly hold and enjoy the Premises and Access Area upon the terms, covenants and conditions set forth in this Lease throughout the term of this Lease and any extensions thereof. MIDPENINSULA REGIONAL OPEN SPRINT SPECTRUM L.P., SPACE DISTRICT, a public district a Delaware limited partnership Accepted for Recommendation, Michael C. Williams Real Property Representative Recommended for Approval: L. Craig Britton General Manager Approved and Accepted: President, Board of Directors Date: Al District Clerk Date: Approved as to Form: Sue Schectman, District Counsel Date: By: Scott Akrie Its: Director of Engineering & Operations Date: C:\...\SPRINT.LSE Page 9. DISTRICT LAND EXHIBIT A MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PULGAS RIDGE OPEN SPACE PRESERVE N:\ \\ •� \ PREMESIS \ \(Existing PG&E tower) • \ \ \ \ ACCESS ROAD EXHIBIT B to Communications Site Lease and Agreement Legal Description Page 1 of 3 A certain 15 foot by 18 foot (270 square foot) Proposed Lease Parcel situated entirely with a 286.6 acre parcel of land located in the northeasterly quadrant of the intersection of Edgewood Road at California Interstate Highway 280, and owned by the Mid -Peninsula Regional Open Space District, in the unincorporated area of the County San Mateo, State of California and being more particularly described as follows: Commencing at most southerly point of the said 286.6 acre parcel of land, from which a found monument at a fence corner bears, S 20° 02'07" E, 193.33 feet; thence along the property line N 20° 02'07" W, 185.12 feet to an angle point in the property line of said 286.6 acre parcel; thence continuing along said property line S 86° 07'18" W, 145.49 feet; thence leaving said property line at a right angle, N 03° 52'42" W, 11.07 feet to the most southerly corner of, and Point of Beginning for, the Lease Parcel herein described; thence following along the exterior boundary thereof in a clockwise direction the following four (4) courses: 1) N 35° 06' 04" W, 18.00 feet, 2) N 54° 53' 56" E, 15.00 feet, 3) S 35° 06' 04" E, 18.00 feet, 4) S 54° 53' 56" W, 15.00 feet to the Point of Beginning and containing 270 square feet more or less. Owner Initials SSLP Initials EXHIBIT B to Communications Site Lease and Agreement ENLARGED PLAN AT GROUND LEVEL KEY NOTES PROPOSED TWO EMS, CROSS -POLAR, PANEL ANTENNAS MODEL RR90-17-000P (8"x( -8"x2.75") (AZIMUTH 0' ) PROPOSED TWO EMS, CROSS -POLAR, PANEL ANTENNAS MODEL RR90-17-000P (8"x( -8"x2.75") (AZIMUTH 120' ) PROPOSED TWO EMS, CROSS -POLAR, PANEL ANTENNAS MODEL RR90-17-000P (8"x4' -8"x2.75") (AZIMUTH 240' ) PROPOSED GPS ANTENNA. LOCATED 12" ABOVE PANEL ANTENNAS. PROPOSED LEASE AREA 15'-0"x18'-0" NOT USED Page 2 of 3 0 PROPOSED COVERED CABLE TRAY. OB PROPOSED EQUIPMENT CABINETS. 0 PROPOSED EQUIPMENT CABINET SUPPORT SLAB. 0 EXISTING 107'-6"± TALL PG&E TOWER. 11 EXISTING CHAIN -LINK FENCE. EXISTING TOWER FOUNDATION. • • EXHIBIT B to Communications Site Lease and Agreement ENLARGED PLAN AT ANTENNA LEVEL KEY NOTES PROPOSED TWO EMS, CROSS -POLAR, PANEL ANTENNAS MODEL RR90-17-000P (8"x4' -8"x2.75") (AZIMUTH 0' ) PROPOSED TWO EMS, CROSS -POLAR, PANEL ANTENNAS MODEL RR90-17-00DP (8"x4' -8-x2.75") (AZIMUTH 120' ) PROPOSED TWO EMS, CROSS -POLAR, PANEL ANTENNAS MODEL RR90-17-OODP (8"x4' -8"x2.75") (AZIMUTH 240' ) PROPOSED GPS ANTENNA. LOCATED 12" ABOVE PANEL ANTENNAS. PROPOSED LEASE AREA 15'-0"x18'-0" NOT USED Xt ttt t: Page 3 of 3 O PROPOSED COVERED CABLE TRAY. OB PROPOSED EQUIPMENT CABINETS PROPOSED EQUIPMENT CABINET SUPPORT SLAB. • EXISTING 107'-6"± TALL PG&E TOWER. 11 EXISTING CHAIN -LINK FENCE. • EXISTING TOWER FOUNDATION. EXHIBIT REGULATIONS FOR USE OF MIDPENLNSULA REGIONAL OPEN SPACE DISTRICT LANDS (Adopted by Ordinance No. 93-1, July 28, 1993) CHAPTER I. DEFINITIONS SECTION 100. TITLE. The following regulations shall be known as "Regulations for Use of Midpeninsula Regional Open Space District Lands" and may be referred to as "land use regulations." SECTION 101. SECTION 102. SECTION 103. SECTION 104. SECTION 105. SECTION 106. SECTION 107. PURPOSE. These regulations are adopted to provide responsible stewardship for District Lands, to establish orderly use, and to maintain a natural and quiet environment for persons on the lands. They are established according to the Basic Policy of the Board of Directors of Midpeninsula Regional Open Space District, adopted March 27, 1974, that "The District will follow a land management policy that provides proper care of open space land, allowing public access appropriate to the nature of the land and consistent with ecological values." DEFINITIONS. Unless the context otherwise requires, the following definitions shall govern the construction and interpretation of these regulations. DISTRICT. DISTRICT LANDS DEFINED. "District" means the Midpeninsula Regional Open Space District. The term "District Lands" includes all lands, structures, improvements, and waters owned, controlled, or managed by Midpeninsula Regional Open Space District. PERSON DEFINED. "Person" means any individual, firm, corporation, club, municipality, district, or public agency, and all associations or combinations of persons whenever acting for themselves or by any agent, servant, or employee. PERMIT OR PERMISSION DEFINED. Unless otherwise expressly provided herein, "permit" or "permission" means permission, granted in writing by the general manager or an authorized representative of Midpeninsula Regional Open Space District. BOARD DEFINED. "Board" means the Board of Directors of Midpeninsula Regional Open Space District. HEADINGS AND DIVISIONS. Headings and divisions are for convenience only, and shall not be considered in the interpretation of this Ordinance, and shall not in any way affect the conduct or activities covered by other sections of this Ordinance. CHAPTER II. REGULATIONS SECTION 200. GENERAL REGULATIONS. District Lands shall be open and accessible to all persons, except as may be provided by resolution, regulation, or rule of the Board or by individual site use and management plans adopted by the Board. 200.1 The Board may, by resolution, regulation, or rule, provide for a system of permits and the issuance thereof. It may by such system require permits for the use of certain lands, exempt certain lands or classifications of permits therefrom, and establish a system of fees and other policies in connection with the administration of a permit system. 200.2 Any person entering upon District Lands shall abide by the rules and regulations of the District, the regulations or provisions of any sign or posted notice, the conditions of any permit, the lawful order or other instruction of any District ranger or police officer appointed by the Board, the laws of the State of California, and all applicable county and other local ordinances. 200.3 The provisions of this Ordinance shall not apply to employees and officials of the District acting within the scope of their authorized duties. However, District employees and officials shall abide by the laws of the State of California and all applicable county, and other local ordinances. 200.4 All District lessees, contractors, and consultants shall abide by all provisions of this Ordinance unless the provision(s) conflicts with a written contract or agreement with the District. When a conflict occurs the conditions of the written contract or agreement shall take precedence. However, lessees, contractors, and consultants shall abide by the laws of the State of California and all applicable county, and other local ordinances. SECTION 201. SPECIAL REGULATIONS. Special regulations or requirements do not preclude the application of general regulations unless expressly indicated. CHAPTER III. GENERAL RULES SECTION 300. AUTHORITY. All sections of this Ordinance are adopted pursuant to Sections 5541, 5558, and 5559 of the Public Resources Code of the State of California, and apply to all District I ands. A title, where used, does not limit the language of a section, 2 SECTION 301. VIOLATIC OF ORDINANCE. A MISDEMl OR OR INFRACTION. Any violation of this Ordinance or of any rule or regulation adopted by the District is, at the discretion of the prosecutor or the court, a misdemeanor or infraction. (Public Resources Code, Section 5560). SECTION 302. SEVERABILITY. If any chapter, section, subsection, paragraph, subparagraph, sentence, or clause of this Ordinance is, for any reason, held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Board of Directors declares that this Ordinance, and each chapter, section, subsection, paragraph, sentence, and clause thereof, would have been adopted regardless of such possible finding of invalidity or unconstitutionality and, to that end, the provisions of this Ordinance are hereby declared to be severable. SECTION 303. AMENDMENT OR REPEAL. When a section, rule, or regulation is amended or repealed, acts and commissions occurring before the amendment or repeal may be prosecuted as though such section, rule, or regulation had not been amended or repealed. SECTION 304. PUBLICATION. This Ordinance shall be published once, within 30 days after adoption, in a newspaper of general circulation printed, published, and circulated in the District and shall be effective from and after September 1, 1993. a CHAPTER IV. PRESERVE USES - GENERAL SECTION 400. CAMPING. 400.1 General. No person shall erect or use a tent or shelter of any kind, arrange bedding, or prepare food in such a way that will enable a person to remain after closing hours, except by written permit in designated areas. 400.2 Juvenile. No juvenile shall camp on any District Lands, except when: a) accompanied by a parent or guardian; b) part of a group supervised by at least one adult responsible for each ten or fewer juveniles; c) the juvenile is an emancipated minor. 400.3 Definition. A juvenile is defined as any person under the age of 18 years. 3 SECTION 401. SWIMMING,. 401.1 General. No person shall swim, wade, or engage in any water -contact activity in any water areas of the District except in designated areas. 401.2 Definition. "Water -contact activity" is defined as any activity in which the body of a person comes into physical contact with water areas, including, but not limited to swimming, wading, aqua -planing, paddle boarding, skin diving, and water skiing. It does not include boating or fishing. 401.3 Definition. "Water areas of the District" is defined as all water areas on District Lands, including, but not limited to, natural and artificial swimming pools, reservoirs, ponds, lakes, creeks, streams, bays, tidal areas, and flood control channels. SECTION 402. BOATING. 402.1 General. No person shall place, or attempt to place, a boat, kayak, rubber raft, or other vessel of any description in the water of reservoirs, lakes, streams, or other water areas owned, managed, or controlled by the District, except as expressly allowed by permit or rule or regulation of the District. SECTION 403. FIREARMS, TRAPS, WEAPONS, AND DANGEROUS DEVICES. 403.1 General. No person shall carry, possess, set, leave or deposit, fire or discharge, or cause to be fired or discharged, across, in, on, or•into any portion of District Lands any weapon, gun or firearm, spear, missile, bow and arrow, cross bow, sling shot, trap or hunting device, air or gas weapon, paint ball gun, ammunition, throwing knife or axe, martial arts throwing device, or any other weapon or device capable of injuring or killing any person or animal, or damaging property or natural resource. 403.2 Exceptions. This section shall not apply to: a) the possession of unloaded firearms or dangerous weapons on public roads solely for the purpose of transporting such firearms or dangerous weapons through District I ands for lawful purposes; b) the possession of firearms or other dangerous weapons at a place of residence or business located on District Lands by a person in lawful possession of the residence or business; c) the possession and use granted by permit for resource management or educational purposes. SECTION 404. FIRES. 404.1 General. No person shall light, build, maintain, or attempt to light, build, or maintain, a fire of any nature on District Lands, except in permanent fixed barbecues, camp stoves or fireplaces established by the District. A fire shall include, but not be 4 limited to, a ;ampfire, ground fire, warming fi: ignal fire, charcoal fire, stove, gas lantern, punk, candle, smudge stick, flare, fuse, or any other incendi, device. This shall not apply to the permitted use of gas camp stoves or gas lantei. when used in designated camping areas. 404.2 Smoking. No person shall smoke on District Lands, except in designated areas. • SECTION 405. SANITATION. 405.1 Disposal of Effluent. No person shall deposit waste water, sewage or effluent from sinks, portable toilets, or other fixtures upon or into the ground or water. 405.2 Use of Facilities. No person shall deposit any waste in or on any portion of any restroom or other structure except into fixtures provided for that purpose. 405.3 Protection of Facilities. No person shall place any bottle, can, cloth, rag, metal, wood, paper, stone, or other substances in any fixture in such a manner as would interfere with the normal operation of such fixture. 405.4 Public View. No person shall defecate or urinate in public view. SECTION 406. METAL DETECTORS. 406.1 General. No person shall use a metal detector or similar device on District Lands, except as provided in subsection 702.5. SECTION 407. DISTURBING THE PEACE. .407.1 Obstructing Free Passage. No person shall by force, threat, intimidation, or by any unlawful signing, fencing or enclosing, or any other unlawful means, prevent or obstruct any person from peacefully entering any property of the District, or preventing or obstructing free passage or transit over or through any lands of the District. 407.2 Intimidation. No person shall engage in behavior or speech that provokes a breach of the peace or disrupts, alarms, disturbs, intimidates, or unreasonably interferes with others in the normal, safe use of District Lands or facilities. 407.3 Noise. No person shall play or operate any sound or energy amplification devices, including radios, television sets, public address systems, musical instruments, or similar devices in such a way as to be audible beyond 100 feet of such device or musical instrument, or in such a manner as to disturb the quiet of District Lands and facilities, without prior written permission. 407.4 Lawful Order. No person shall disobey, ignore, or in any manner fail to comply with any request, direction, or order given by any ranger or other employee charged with the control, management, or protection of District property or resources when such request, direction or order is given in the lawful performance of his or her duties. 5 SECTION 408. ASSEMBLI . No person or group shall conduct a ..teeting, rally, or similar event on District Lands without first obtaining a permit for the use of the specific areas or facilities involved. No such permit shall be granted if it is found that the time, place, and/or size of the meeting, rally, or similar event will disrupt or unreasonably interfere with the normal use, operation, or management of the site or facility, or have an adverse impact on the ecological or historical characteristics of any District Lands. 408.1 Permits. No person shall hold, conduct, organize, or take part in any group activity or event on District Lands without written permission when the activity or event: a) is advertised or noticed in any publication, poster, or flyer; or b) requests or requires a fee be paid for participation; or c) may be attended by 20 or more people. SECTION 409. MISCELLANEOUS DANGEROUS ACTIVITIES. 409.1 Fireworks. No person shall possess, give, sell, discharge, set off, or cause to be discharged, on or into any portion of District Lands any firecrackers, missiles, rockets, fireworks, or explosives. 409.2 Harmful Substances. No person shall possess, place, or apply any substance on District Lands harmful to any person, property, wildlife, or vegetation. 409.3 Golf. No person shall drive, chip, or in any other manner play or practice golf, or hit golf balls on, over, or into District Lands. 409.4 Model Craft. No person shall operate any model airplanes, boats, automobiles, or other model craft of any kind or description on, over, or into any portion of District Lands, except by written permit in designated areas. 409.5 Human Flight. No person shall hang -glide, parachute, parasail or engage in any human flight on, over, or into District Lands, except by written permit in designated areas. 409.6 Skating. No person shall rollerskate, in -line skate, grass skate, or operate a self- propelled or motorized skate board or other similar device on District Lands. 409.7 Reckless or Negligent Activity. No person shall engage in any recreational pursuit or activity, or operate any device that recklessly or negligently endangers the safety of any person, or property, or interferes with visitor activities. SECTION 410. ALCOHOLIC BEVERAGES. 410.1 General. No person shall possess or consume alcoholic beverages except beer and wine, and only as part of a picnic meal. 6 410.2 Designated 3. No person shall possess or cor. le alcoholic beverages in an area that has been declared by the general manager or an authorized representative to be a prohibited area. SECTION 411. SIGNS. 411.1 Defacement. No person shall remove, deface, change, mark, or otherwise alter any sign duly erected or posted on District Lands. 411.2 Unauthorized Signs. No person shall post or fasten any notice, including but not limited to, any bill, advertisement, directional or informational sign, or inscription whatsoever on any tree, fence, building, monument, or other property on District Lands, without written permission. CHAPTER V. PRESERVE USES - RIDING/HIKING TRAILS SECTION 500. RIDING/HIKING TRAILS. 500.1 Trail Use Speed Limit. The maximum speed for all trail uses is 15 miles per hour, unless otherwise posted; however, speeds shall be reduced as conditions warrant. Bicyclists and equestrians are required to slow to 5 miles per hour when passing others or approaching blind turns. In no case shall a person operate a bicycle, or ride a horse or other such animal at a speed greater than is reasonable, prudent, or safe. 500.2 One-way Trails. No person shall operate a bicycle or similar device, or ride or lead a saddle horse, pony, mule, or other such animal on a one-way trail in a direction of travel designated or signed to prohibit such use. 500.3 Gates. Any person opening a gate shall close the.gate. SECTION 501. SADDLE ANIMALS. 501.1 Closed Areas. No person shall ride, drive, or lead a saddle or pack horse, pony, mule, or other animal in any area designated or signed to restrict such use. Saddle or pack horses, ponies, mules, or any other animals must stay on designated trails, roadways, and cultivated firebreaks. 501.2 Unsafe Use. No person shall ride, drive, or lead any saddle or pack animal in a reckless or negligent manner so as to endanger public property, or the life, limb, or property of any person or animal. No person shall allow his or her saddle or pack animal to stand unattended or insecurely tied. 7 501.3 Carts and \. _;ons. No person shall have or alloy. a cart, wagon, or similar device attached to a horse, mule, donkey, or other animal on District Lands without a written permit. SECTION 502. BICYCLES. 502.1 Closed Areas. No person shall possess or operate a bicycle or similar device on District Lands in areas designated or signed to restrict such activity. Bicycles must stay on designated trails and roadways. 502.2 Unsafe Operation. No person shall operate a bicycle in a reckless or negligent manner so as to endanger public property, or the life, limb, or property of any person or animal. 502.3 Helmets. No person shall operate a bicycle or similar device on District Lands without wearing an A.N.S.I. or Snell -approved helmet for head protection, with the exception of the trails open to bicycles east of Deer Hollow Farm at Rancho San Antonio Open Space Preserve. 502.4 Walk -Only Zones. No person shall ride a bicycle on a section of trail designated or signed as a walk -only zone. Any person may dismount and walk a bicycle through a walk -only zone. SECTION 503. TRESPASS. The following acts, among others, are declared to be unlawful by Section 602 of the Penal Code of California. 503.1 Destruction of Private Property. No person shall willfully open, tear down, or otherwise destroy any fence on the enclosed land of another, or open any gate, bar, or fence of another and willfully leave it open without the written permission of the owner, or maliciously tear down, mutilate, or destroy any sign, signboard, or other notice forbidding shooting on private property. 503.2 Private Property Rights. No person shall enter any lands, whether unenclosed or enclosed by a fence, for the purpose of injuring any property or property rights, or with the intention of interfering with, obstructing, or injuring any lawful business or occupation carried on by the owner of such land, his or her agent or by the person in lawful possession. 503.3 Entering Posted Lands. No person shall enter any lands under cultivation or enclosed by a fence, belonging to, or occupied by mother, or enter any lands where signs forbidding trespass are displayed at intervals not less than three to the mile along all exterior boundaries and at all roads and trails entering such lands, without the.written permission of the owner of such land, his or her agent, or of the person in lawful possession, and no person shall: a) refuse or fail to leave land, real property, or structures belonging to or lawfully occupied by another and not open to the general public, upon being requested to leave by the owner, his or her agent, or the person in lawful possession thereof; 8 b) tear d , mutilate, or destroy any sign, si, iard, or notice forbidding trespass or hunting on such lands; or c) remove, injure, unlock, or tamper with any lock or any gate on or leading into such lands; or discharge any firearm. CHAPTER VI. PRESERVE USES - COMMERCIAL/REVENUE SECTION 600. SOLICITING. 600.1 General. No person shall solicit, sell, hawk, or attempt to solicit, sell, or hawk, or otherwise peddle any goods, wares, merchandise, liquids, edibles for human consumption, or distribute commercial circulars, pamphlets, or flyers on District Lands except by written permission. SECTION 601. GRAZING. 601.1 General. No person shall allow cattle, sheep, goats, or any animal to graze, browse, or feed on District Lands except with written permission. SECTION 602. HARVESTING AND PLANTING. 602.1 General. No person shall plant, cultivate, harvest, or attempt to plant, cultivate, or harvest any plant or agricultural crop on District Lands except with written permission. SECTION 603. COMMERCIAL FILMING. 603.1 General. No person shall operate a still, motion picture, video, or other camera for commercial purposes on District Lands except pursuant to a permit authorizing such activity. This section shall not apply to the commercial operation of cameras as part of the bona fide reporting of news. 9 CHAPTER VII. PRESERVE FEATURES - PROTECTION SECTION 700. HUNTING AND FISHING. 700.1 Hunting. No person shall hunt, pursue, molest, disturb, injure, trap, take, net, poison, or harm any animal, living or dead, or remove, destroy, or in any manner disturb the natural habitat of any animal, except by permit. 700.2 Fishing. No person shall take, net, molest, disturb, injure, poison, or harm any fish in lakes, ponds, reservoirs, water areas, portions of San Francisco Bay, or streams located in any District preserve except in areas declared by the District to be permitted fishing areas, where state laws regulate the taking of game fish. SECTION 701. ANIMALS. 701.1 Dogs. No person shall allow or have a dog on District Lands except in those areas designated by the District. This subsection shall not apply to: a) guide and service dogs under physical control, specifically licensed to assist the blind, deaf, or disabled; b) use authorized by written permit. 701.2 No person shall allow or have a dog within a designated area, unless the dog is at all times under control on a leash not to exceed 6 feet. 701.3 Nuisance Dogs. No person shall allow or have on District Lands a dog that is threatening or a nuisance to people, other animals, or property. This includes, but is not limited to growling, barking, baring of teeth, or challenging in any manner, people, animals, or property. 701.4 Disturbance or Injury to Wildlife. No person shall allow a dog, cat, or domesticated animal, even if leashed, to disturb, chase, molest, injure, or take any kind of native wildlife, whether living or dead, or remove, destroy, or in any manner disturb the natural habitat of any animal on District Lands. 701.5 Horses and Livestock. No person shall keep or raise cattle, horses, sheep, or other livestock on District Lands, unless pursuant to a lease, license, or other entitlement of use granted by the District. 701.6 Other Pets. No person shall allow or have any pet, domesticated animal, or other living creature on District Lands, unless specifically permitted by another section of these regulations. 10 701.7 Removal c imal Excrement. No person resp ble for an animal shall allow its excrement of feces to remain in an area if it poses a health hazard, a public nuisance, or is in an area posted requiring its removal. 701.8 Abandoned Animals. No person shall abandon or release a dog, cat, fish, fowl, or any other living creature, wild or domestic, on District Lands without written permission. SECTION 702. NATURAL AND CULTURAL RESOURCES 702.1 Plants. No person shall damage, injure, take, place, plant, collect, or remove any plant, tree, or portion thereof, whether living or dead, including, but not limited to flowers, mushrooms, bushes, vines, grass, cones, and deadwood located on District Lands. 702.2 Possession of Gathered Wood Prohibited. No person shall transport or possess a tree or unmilled wood on District Lands without satisfactory evidence of lawful acquisition, such as a sales receipt or written authorization from the owner of the land from which the tree or wood was acquired. 702.3 Geological Features. No person shall damage, injure, take, collect, remove, or attempt to damage, injure, take, collect, or remove earth, rocks, sand, gravel, fossils, minerals, features of caves, or any article or artifact of geological interest or value located on District Lands. 702.4 Archeological Features. No person shall damage, injure, take, collect, remove, or attempt to damage, injure, take, collect, or remove any object of paleontological, archeological, or historical interest located on District Lands. 702.5 Special Permission. Special permission (Section 105) may be granted to remove, treat, disturb, or otherwise affect plants, animals, or geological, historical, archeological, or paleontological materials for research, interpretive, educational, or operational purposes. SECTION 703. VANDALISM AND UNLAWFUL ENCROACHMENT. 703.1 Vandalism. No person shall cut, carve, deface, write, paint, mark, or alter any natural feature, or any fence, wall, building, monument, or other property on District Lands. 703.2 Unlawful Construction. No person shall erect, construct, install, or place any structure, building, shed, fence, trail, equipment, material, sign, banner, or apparatus of any type or for any purpose on, below, over, or across a preserve except by written permission, specifying in detail the work to be done and the conditions to be fulfilled pursuant to the terms of such authorization. 703.3 Unlawful Maintenance. No person shall perform, or cause any mowing, trimming, cutting, grooming, or spraying of District Lands or perform any such grounds maintenance for any purpose except by written permission. 11 CHAPTER VIII. DISTRICT LANDS OPERATIONS - GENERAL SECTION 800. LITTERING. 800.1 Littering or Dumping. No person shall litter or cause to be littered, or dump or cause to be dumped any material or waste matter in or upon any District Lands. It shall be unlawful to place, deposit, or dump, or cause to be placed, deposited or dumped, any rocks, dirt, or fill material in or upon any District Lands without a permit authorizing such activity. 800.2 Definition. Littering is defined as the willful or negligent throwing, dropping, placing, or depositing of any waste matter on District Lands in other than appropriate storage containers or areas designated for such purposes. 800.3 Definition. Waste matter is defined as discarded, used, or leftover substances including, but not limited to, a lighted or unlighted cigarette, cigar, match, or any flaming or glowing material, or any garbage, trash, refuse, paper, container, packaging or construction material, carcass of a dead animal, any nauseous or offensive matter of any kind, or any object likely to injure any person, damage property, or create a ha?ard. SECTION 801. PARKING. 801.1 Restrictions. No person shall park a motor vehicle, except an authorized emergency vehicle, or when in compliance with the directions of a peace officer, ranger, or District employee, in any of the following places: a) b) c) d) e) fl g) h) i) j) k) In areas where prohibited by "NO PARKING" signs On any fire trail On any equestrian or hiking trail In such a place or manner as would block or obstruct any gate, entrance, or exit In such a place or manner as to take up more than one marked parking space in any authorized parking area In such a place or manner as to block or obstruct the free flow of traffic Within 15 feet of a fire hydrant Adjacent to any curb painted red On any District Lands after sundown except pursuant to a written permit In areas signed for permit parking on District Lands without a written permit In any other place on District Lands not designated by the District as an authorized area 12 SECTION 802. OPERAT' OF MOTOR VEHICLES: OFF AD VEHICLES. 802.1 General. No person shall operate, propel, or leave standing a motor vehicle on District Lands. Motor vehicle includes, but is not limited to, motorcycles, off -road vehicles, "dirt bikes," and similar vehicles. 802.2 Exceptions. This section shall not apply to: a) emergency vehicles operated within the scope of official use; b) roads, trails, or paths, which may from time to time be set aside and posted by the District for the use of specifically designated vehicles; c) roads and parking areas open to the public during regular open hours. SECTION 803. SPEED LIMITS. 803.1 General. No person shall drive or operate a vehicle on District Lands at a speed greater than the posted speed limit or than is reasonable or prudent, having due regard for traffic and road conditions. In no event shall a vehicle be driven at a speed which endangers the safety of persons, property, or wildlife. SECTION 804. ABANDONED VEHICLES. 804.1 72 Hours. No person shall permit a vehicle to be parked or left standing within the District for 72 consecutive hours or more except in camping areas pursuant to a valid permit. 804.2 Removal. Any vehicle parked or left standing in violation of this Section may be removed as provided in the Vehicle Code of the State of California. 804.3 Abandonment. Whenever a District ranger has reasonable grounds to believe that a vehicle has been abandoned on District Lands, the vehicle may be removed as authorized by Vehicle Code Section 22669. SECTION 805. PROHIBITED AREAS. To insure the safety and health of persons, to avoid interference with development, construction, and management, or to provide for security, safeguarding, and preservation of District Lands and facilities, the general manager or an authorized representative may declare an area closed, prohibited, or limited to further entry. The declaration may include such reasonable classes of persons who may enter, in the conduct of proper activities or official duties, as the general manager or an authorized representative may prescribe. 805.1 Closed Areas. No person shall, without a written permit issued by the District, enter or remain in an area of District Land or facilities declared closed, prohibited, or limited by the general manager or an authorized agent. 13 805.2 After Hou. ,se. No person shall enter or rem, Jn District Land "after hours" without a written permit issued by the District. The term "after hours" is defined as one-half hour after official sunset to official sunrise the following day. SECTION 806. USE FEES. 806.1 Nonpayment of Fees. No person shall use District Lands or facilities without payment of the prescribed fee or charge. Any fee or charge established by the Board for use of District Lands or facilities shall be paid in advance of such use, unless later payment has been authorized by the general manager or an authorized representative. I4 Regional Open S ce R-97-34 Meeting 97-07 March 12, 1997 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AGENDA ITEM Design Revisions to Conceptual Parking Plans for Windy GENERAL MANAGER'S RECOMMENDATI • N Space Preserve 1. Approve the conceptual design revisions for a 50 -car parking area to serve the Windy Hill Open Space Preserve. 2. Authorize staff to proceed with the Town of Portola Valley's Site Development Permit Process for the development of the parking area. DISCUSSION In 1987 the District purchased the former Slobe property as an addition to the Windy Hill Open Space Preserve. The acquisition was contingent upon Town approval of a 50 -car parking area adjacent to Portola Road and The Sequoias retirement community. The conceptual parking area design was approved by you at that time. The Town approved the parking lot layout with several conditions. One of the conditions required that the District work to provide a minor collector road, as included in the Town's General Plan, if the road was needed. The minor collector road would serve the adjacent property to the north in the event the property is subdivided. In 1991, staff employed Callendar Associates of San Mateo to develop plans and specifications for the 50 -car parking area. The design included access from Portola Road to the parking area following alignment of the minor collector road (see Exhibit 1). The plans were presented to the Town as part of an application for a Site Development Permit. Several public hearings and a public on -site workshop occurred during the review of the plans by the Town's Planning Commission and Town Council. The Planning Commission approved the Site Development Permit in late 1991; the Town Council approved the project in early 1992. Prior to issuance of the permit, several conditions needed to be met. They included obtaining a drainage easement from The Sequoias to deposit water collected from the site to an existing underground catchbasin on The Sequoias property, and relocating an existing ingress and egress easement serving the adjacent property to the alignment of the new minor collector road. At your July 24, 1996 meeting, (see report R-96-75) you approved the exchange of an easement for drainage purposes with The Sequoias for emergency access through the proposed parking area. The ingress and egress easement relocation did not occur. The adjacent property changed ownership after District staff started discussions about the 330 Distel Circle • Los Altos, CA 94022-1404 • Phone: 415-691-1200 FAX: 415-691-0485 • E-mail: mrosd@openspace.org • Web site: www.openspace.org Board of Directors: Pete Siemens, Mary C. Davey, Jed Cyr, David T. Smernoff, Nonette Hanko, Betsy Crowder, Kenneth C. Nitz • General Manager: L. Craig Britton R-97-34 Page 2 relocation of the access easement. The current property owner has not agreed to the easement relocation. On several occasions, staff met with the neighbor and/or Town representatives regarding alternate realignments to the minor collector road and the access easement. No suitable alternatives were agreed upon. Afterward, staff worked with the landscape architect and civil engineer to realign the entry to the preserve so that a relocation of the private easement would not be necessary. Exhibit 2 shows the redesigned entry, which leaves the adjacent owner's access easement intact. The parking area also remains relatively unchanged; a 50 -car parking area sited in the same location as in Exhibit 1. The main difference in the two designs is the location of the entry from Portola Road and the construction of a left turn lane on Portola Road. The new design also preserves more of the meadow next to the parking area that was taken up with the entry road in the original design. Funding In 1994, a Land and Water Conservation Fund grant was awarded to help fund the development of the parking area and adjacent trail system. The $132,080 grant is a 50% matching grant and is reimbursable upon completion of the project. The grant funding is available until June 30, 1998. Funding for development of the parking is included in the proposed fiscal year 1997-1998 budget. The design changes increase the cost of the project by approximately $75,000. The cost savings due to elimination of the minor collector road are offset by an increase in cost due to the improvements to Portola Road and the increased fill material. The engineer is currently refining the design to try to reduce the amount of fill necessary, thereby reducing the cost. Based on the preliminary design, the landscape architect and engineer indicate the project may cost about $275,000. The 1991 cost estimate for the project was $170,000. Six years of inflation (3% over six years) accounts for about $31,000 of the cost increase. CEQA Compliance A CEQA determination will be made by the Town of Portola Valley as the lead agency. 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Sequoia's Emergery4 Egress Railing Gravel Parking Area Gat able panel similar to o Parking Sign -Acceleration Lane Asphalt Paving i�urn Lane _ Preserve Sign �3 Realigned P` n o Horse Trail Deceleration Lane\ Merge Lan) StoneGate Subdivision 0 15 30 60 170 FEET 3 NORTI) 011 W cc W N W cc a Ill a CD W z zag 0 0 LL J 110 CC W Z i>nr 3/7/57 AM 63 *MOWN .,r. 'a; 51.557 lrwi Nn L1 EXHIBIT 2 Regional Open 5 'ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-97-30 Meeting 97-07 March 12, 1997 AGENDA 1'1'EM Tentative Adoption of the 1997-1998 Action Plan for Implementation of the Basic Policy of the Midpeninsula Regional Open Space District GENERAL MANAGER'S RECOMMENDATION Tentatively adopt the Action Plan for the Implementation of the Basic Policy of tli Midpeninsula Regional Open Space District for the 1997-1998 Fiscal Year. The Action Plan will be presented to you for final approval at your March 26 meeting. DISCUSSION You reviewed and amended the proposed Action Plan for the 1997-1998 fiscal year at your February 12, 1997 meeting (see Report R-97-20). Staff has incorporated the proposed Action Plan amendments discussed during your review, as well as changes recommended by the Administration and Budget Committee during the budget review process. To facilitate your review, strikeouts for wording to be deleted and bold italicized typeface are used to show proposed changes. The changes are as follows: Acquisition Program 1. The General Program emphasis has been changed to state that the Enterprise Subprogram will focus on maximizing rental income consistent with Open Space Management Policies. 2. The first key project in the Negotiations and Special Projects Subprogram has been amended to include a reference to furthering the completion of the Bay Area Ridge Trail and the Bay Trail systems and to obtaining trail easements. 3. The eighth other project and activity in the Enterprise Subprogram has been amended to read "Monitor existing agricultural and grazing uses in accordance with use and management process, including grazing at the former McDonald Ranch, La Honda Creek Open Space Preserve, and at Big Dipper Ranch, Skyline Ridge Open Space Preserve." 330 Distel Circle • Los Altos, CA 94022-1404 • Phone: 415-691-1200 FAX: 415-691-0485 • E-mail: mrosd@openspace.org • Web site: www.openspace.org Board of Directors: Pete Siemens, Mary C. Davey, Jed Cyr, David T. Smernoff, Nonette Hanko, Betsy Crowder, Kenneth C. Nitz • General Manager: L. Craig Britton R-97-30 Page 2 Planning Program The third key project (Bridge Repair Projects) in the Site Planning and Implementation Subprogram has been changed to reflect that the completion of engineering studies and solicitation of bids will occur in 1997-1998. The project has been scaled back because of its complexity, and new bridge construction would be in 1998-1999. Operations Program 1. Amend last sentence of Operations Program Audit by project to read "assist the General Manager in making a recommendation to the Board on the selection of a qualified consultant and the subsequent compiling and gathering of information and data requested by the consultant to conduct the audit. Public Affairs Program Add a Seasonal Interpretive Aide for the Daniels Nature Center to staff resources section. This addition was recommended by the Administrative and Budget Committee. 2. Revise the Daniels Nature Center key projects to reflect the hiring of the Seasonal Interpretive Aide. Administration Program 1 The fourth other project and activity has been divided into separate activities. Prepared by: L. Craig Britton, General Manager Jean Fiddes, Administrative Services Manager John Escobar, Operations Manager Malcolm Smith, Public Affairs Manager Mike Williams, Real Property Representative Planning Team Members Contact person: L. Craig Britton, General Manager ACTION PLAN FOR THE IMPLEMENTATION OF THE BASIC POLICY OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FOR THE 1997-1998 FISCAL YEAR OPEN SPACE ACQUISITION PROGRAM A. Negotiations and Special Projects Subprogram B. Enterprise Subprogram II. PLANNING PROGRAM A. Regional and Long -Term Planning B. Site Planning and Implementation C. Resource Management Subprogram (responsibility shared with Operations Program) III. OPERATIONS PROGRAM IV. PUBLIC AFFAIRS PROGRAM A. General Public Information and Outreach Subprogram B. Legislative, Funding, and Organizational Relations Subprogram C. Visitor Services Subprogram V. ADMINISTRATION PROGRAM A. Administration/Human Resources Subprogram B. Legal Services Subprogram OPEN SPACE ACQUISITION PROGRAM Subprograms A. Negotiations and Special Projects B. Enterprise To Implement the BASIC POLICY OBJECTIVE: The District seeks to purchase or otherwise acquire interest in the maximum feasible area of strategic open space within the District planning areas, including baylands and foothills. The District seeks to link its open space lands with federal, state, county, and city parklands and watershed lands. General Program Emphasis for 1997-1998 The program's emphasis will be to acquire the most critical, highest priority projects funded under the District's Financing Authority. Lower priority properties will be pursued through long-term options, available grant funding, bargain sales and gifts. The District will continue to work with the Peninsula Open Space Trust (POST) to acquire land and further the District's overall open space acquisition goals. The Enterprise Subprogram will focus on maximizing rental income consistent with Open Space Management policies and maintaining and improving District rental structures, as well as studying the removal of uneconomical and/or marginal structures. Staff Resources (Regular, full-time positions, unless otherwise indicated) Land Acquisition Manager (vacant position) Real Property Representative Secretary - Open Space Acquisition (shared half-time with Planning Program) 2 1997-1998 Negotiations and Special Projects Subprogram Objective To provide for the acquisition of all real property rights necessary to secure a recreational and open space greenbelt in the foothills and baylands, including rounding out and improving public access to existing preserves and connecting District preserves with other public lands. Key Projects 1. New Land Commitments - Convert the budgeted funds in the New Land Commitments budget category into open space lands, at desirable prices, focusing on the highest priority, most critical properties, which specifically protect the greenbelt including rounding out and improving public access to existing preserves, and connecting to other preserves or public lands, and furthering the completion of the Bay Area Ridge Trail and Bay Trail Systems. Wafting Balance the desirability of the potential acquisition with the availability of severely limited funds, including, if possible, private financing with favorable terms and obtaining trail easements. 2. Grants, Gifts and Bargain Sales - Because of severely limited acquisition funds, explore new grant opportunities, and focus on acquiring open space lands through bargain sales, and/or gifts where possible. Work closely with Peninsula Open Space Trust (POST) in their current "Campaign to Save Essential Open Space". 3. Alternative Acquisition Methods - Obtain Board approval on appropriate long-term options, at market prices or less, to acquire desirable properties that might be affordable in future years should the District be successful in obtaining additional funding for land acquisition. Explore various alternative terms of purchase (installment purchases, defeasible fee, etc.) to offer advantages and incentives to landowners, as well as cost savings to the District. 4. Sell Surplus Property - Pursue lot line adjustment of the "Teague Hill" surplus property through the Town of Woodside. When the lot line adjustment is approved, market and complete the successful auction sale of surplus property which will help fill a critical funding gap for additional land purchases. Other Projects and Activities Participate in the District -wide effort to develop and improve leadership, supervisory, and interpersonal communication skills to enhance the District's work environment and build toward becoming a cohesive, high performance organization. 2. Seek and encourage other agencies and groups to undertake sole or joint acquisition projects which will preserve additional open space. 3. Maintain a multi -year spending plan for open space acquisition which optimize use of cash and borrowed funds to accomplish acquisition goals within extremely tight budget constraints. 3 4. Provide support an. .ormation for approaching the Distn. . oters when a plan for additional open space land acquisition funding is determined to be feasible. 5. Provide on -going acquisition planning and priorities input as part of the Planning team. 6. Explore additional methods to protect open space lands for less than the total cost of fee acquisition (open space easements, acquisition of development rights, development dedication, exchange or sale of development rights, cooperation with private individuals and groups, etc.) especially in this time of extremely tight budget constraints. 7. Encourage other agencies to apply for grants that will enhance overall open space goals. 8. Work actively and regularly with District legal counsel to maintain and pursue District's legal program where title to existing District lands are threatened by encroachment, claim of adverse rights, liens or other interference with District's real property rights. 9. Work with Operations Program in negotiating road agreements and resolving encroachments with adjoining property owners to ensure District's real property rights are protected and minimize the District's maintenance responsibilities where appropriate. 10. Initiate and maintain contacts with landowners, real estate appraisers and brokers, developers, architects, engineers, zoning and planning officials, and financial institutions. 11. Maintain a relocation assistance program utilizing staff and consultants as necessary. 12. Compile current information on real estate market activity, including ordering preliminary title reports on a timely basis for research into potentially available properties. 13. Catalog information of special interest, such as deed restrictions, encumbrances, financing and tax considerations. This activity includes the establishment and continuation of a working relationship with title companies and other information sources. 14. Work to clear and perfect title on District owned land through the orderly, prioritized disposition of title and legal encumbrances (mineral and water rights, claims of prescriptive easements, encroachments, etc.) where appropriate. 15. Work with Peninsula Open Space Trust to administer conservation easement monitoring program. 4 1997-1998 Enterprise Subprogram Objective To manage all of the District's revenue producing activities in such a way as to maximize income from enterprise accounts consistent with Open Space Management policies, incorporating compatible new programs when possible. Key Projects 1. Administer Enterprise Accounts - Administer rental accounts, communication and agricultural leases, consistent with open space management policies, to maintain and enhance revenue stream through competitive and current rate structure, effective maintenance programs and communication with tenants. 2. Sell Term Ownerships - Assess and aggressively market long-term interest arrangements (estate for years, lifetime tenancy) for former Bach, Bean, and Smith residences. If successful, this program will provide additional funding for land acquisitions. 3. Maintain Rental Structures - Carry out maintenance and improvements to rental houses to keep buildings and grounds in a cafe, sanitary, and attractive condition and to increase net rental income. Administer long term and reoccurring maintenance priorities on rental properties. 4. Administer Historic Leases - Oversee lease compliance and renovation requirements on District historic leases. Request proposals for and obtain Board selection of a long-term historic leasehold tenant for the Thornewood residence. Other Projects and Activities 1. Evaluate the economic viability of various rental structures including former Landre and North residences, and Saratoga Gap cabins pursuant to Board policies. 2. Prepare annual rental surveys on District rental houses and Ranger residences. 3. Administer lease of additional office space at 330 Distel Circle. 4. Investigate new enterprise proposals as initiated by other groups or individuals that would be compatible with District goals and objectives. 5. Reconsider extension of Skyline tree farm lease in conjunction with use and management process. 6. Continue to evaluate the District's communication leases and renew in line with market rates. 7. Administer FEMA grants to repair District roads and trails damaged during the 1995 winter storms. 5 8. Monitor existing agricultural and grazing uses in accordance with use and management process, including grazing at the former McDonald Ranch, La Honda Creek Open Space Preserve, and at Big Dipper Ranch, Skyline Ridge Open Space Preserve. 6 OPEN SPACE PLANNING PROGRAM Subprograms A. Regional and Long -Term Planning B. Site Planning and Implementation C. Resource Management Subprogram (responsibility shared with Operations Program) To Implement the BASIC POLICY OBJECTIVES: The District follows management policies that ensure proper care of the land that provide public access appropriate to the nature of the land, and that are consistent with ecological values and public safety. The District works with and encourages private and other public agencies to preserve, maintain, and enhance open space. The District protects and restores the natural diversity and integrity of its resources for their value to the environment, and the public, and provides for the use of the preserves consistent with resource protection. Program Emphasis for 1997-1998 Provide balanced attention to long-term planning and short-term implementation of projects to support overall District objectives, in priority order: 1. Creation of the greenbelt; 2. Protection of the greenbelt; and 3. Accommodation of public use and access. Maintain progress on key work program projects to follow through with commitments. Staff Resources (Regular, full-time positions unless otherwise indicated) Senior Planner (2) Open Space Planner H (1) Open Space Planner I (2) (one position currently vacant) Resource Management Specialist (1) Planning Technician (1) Planning Secretary (shared half-time with Acquisition Program) 7 1997-1998 Regional and Long -Term Planning Subprogram Objective Assist with the formulation, review, and refinement of policies, District -wide plans, and cost estimates for the management and development of District preserves on a regional or District -wide basis. Work with local agencies on joint planning and implementation projects, to share information, and to encourage planning decisions that support the preservation of open space and natural resources and development of regional trail systems. Key Projects 1. Staffing Plan - Implement staffing addition(s) in response to vacant Planner I position. Include consideration of individual roles and responsibilities and working relationship with the Acquisition Program. 2. Regional Open Space Plan - Prepare a plan to guide District programs towards a long-term vision of the greenbelt. Includes formulation, public review, and adoption of plan for future greenbelt, including financial model. 3. Trail Use Review - Review and revise policies based on growing experience with trail use planning and Board concerns about preserving the wilderness experience. 4. El Corte de Madera Use and Management Plan - Present for Board adoption the Comprehensive Use and Management Plan that will include completion of the remaining trails plan element and resource management. Other Projects and Activities 1. Review policies for disposition of structures and meet with Use and Management Committee and Legislative Finance and Public Affairs Committee. 2. Complete the process of converting District maps to computerized format, improve in-house abilities to create, and edit digital maps. 8 1997-1998 Site Planning and Implementation Subprogram Objective Apply policies, prepare and implement plans on a site -specific basis, including capital improvement, repair and restoration projects, and respond to site -specific use and management issues. Key Projects 1. Windy Hill Lower Parking Lot and Restroom - Construct 50 vehicle parking lot and restroom adjacent to Portola Road. Obtain permits, solicit bids, contract for, and implement construction. 2. Teague Hill Disposition of Surplus Parcels (Pinto Way) - Obtain lot line adjustment, record new lots and trail easements, and assist, as necessary, in marketing lots. 3. Bridge Repair Projects - Lawrence Creek Bridge at El Corte de Madera Open Space Preserve; La Honda Creek Open Space Preserve bridges; Grabtown Gulch Bridge at Purisima Creek Open Space Preserves. Replacement of old bridge to maintain/ establish trail and patrol access. Complete engineering studies and solicit bids. 4. Fremont Older Additional Parking Studies - Continue long-term study of parking alternatives. Make determination concerning new parking area and obtain Board approval to proceed with acquisition and/or construction. 5. Rancho Field Office Shop Building Seismic Upgrade - Retrofit existing shop building to improve structural integrity. Replace exterior siding, roof, and windows. 6. Sierra Azul Kennedy Road Parking - Hire consultant, complete conceptual plans for a 10 to 15 vehicle parking area at trailhead entrance, with consultation from field staff and Town of Los Gatos staff; hold first neighborhood workshop to discuss the project and solicit input. 7. FEMA Landslide Repair Projects - Conduct engineering studies, prepare plans, obtain permits and complete repairs of landslides at Long Ridge, Monte Bello, Purisima Creek, Russian Ridge, Skyline Ridge, and St. Joseph's Hill Open Space Preserves. Other Projects and Activities Evaluate, obtain Board approval, complete public review, and implement repairs or demolition as appropriate for disposition of deteriorated structures: North Cabin (Sierra Azul, Mt. Umunhum area), Houghton Cabin (La Honda Creek), Landre House (Long Ridge), cabins at Saratoga Gap, hog barn and shed at Skyline Ridge. 2. Continue phased trail construction to implement El Corte de Madera National Recreational Trails Grant. Construct trail to Hayfield at Fremont Older Open Space Preserve. 9 3. Monitor provisions .ease to ensure compliance at Monte .10 Picchetti Ranch Winery. Continue to monitor improvements and resolve lease and use permit issues; including issue around potential seismic upgrade of winery. 4. Prepare permit submittal for demolition of Hassler Health Home sewage plant and sludge ponds and construction of 20 car parking lot at Pulgas Ridge Open Space Preserve. 5. Continue joint planning efforts with Hidden Villa and Town of Los Altos Hills for regional access to Windmill Pasture Area of Rancho San Antonio Open Space Preserve. 6. Prepare interim Use and Management Plan for Rancho de Guadalupe in Mt. Umunhum Area of Sierra Azul Open Space Preserve for Board adoption. 7. Work towards establishing ranger residence on former North property at the end of Reynolds Road. Obtain County permits for trailer to be located at existing homesite. 8. Complete contract for installation of Phase H exhibits and restroom construction at Daniel's Nature Center, Skyline Ridge Open Space Preserve. Study and stabilize hog barn structure for use as a picnic area for environmental education program. Install picnic tables. 9. Conduct study to determine size, extent, and best cleanup method for dump at Skyline Ridge Open Space Preserve. Investigate grant or loan sources. 10. Conduct engineering study of repair of Schilling Lake spillway at Thornewood Open Space Preserve. Complete engineering study, prepare design, permit submittal. 11. Assist Enterprise Subprogram in establishing new lease arrangement for structure(s) and surrounding area at Thornewood historic residence. Help conduct Request For Proposal process for long-term lease. 12. Install restrooms and complete toilet conversions at Windy Hill, Russian Ridge, Skyline Ridge, Rancho San Antonio Open Space Preserves, and backpack camp at Monte Bello Open Space Preserve. 10 1997-1998 Resource Management Subprogram Objective Inventory and analyze the state of resources District -wide and on specific preserves to identify needs and priorities for significant management issues. Use the availability of volunteers and consultants to expand District staff capabilities. Develop general procedures and strategic implementation plans for the resource management subprogram. Establish network with other agencies, local authorities and specialists in the field. Key Projects 1. Invasive Exotic Plant Inventory - Inventory exotic plant species on all District preserves. Develop strategic plan for exotic plant removal. 2. Wildlife Response Plan - Develop a wildlife response plan for all wildlife -human interactions. 3. Herbicide Use Plan - Establish the criteria for herbicide use on District land. 4. Russian Ridge Thistle Control/Grassland Management Plan - Prepare specific plan to control thistles, manage grasslands. Implement, and monitor management actions (i.e. controlled burning, grazing, mowing, mechanical removal, and herbicides). Other Projects and Activities 1. Develop field surveys, mapping and data development projects for the inventory of flora, fauna, archeological and historical sites on District preserves using volunteers, interns, special interest groups and consultants. Includes base data for future Rancho de Guadalupe and La Honda Creek Use and Management resource elements. 2. Manage data from field observations and studies for future use in an organized filing system. 3. Assess grazing impacts at La Honda Creek Open Space Preserve and Skyline Ridge Open Space Preserve, Big Dipper Ranch and determine conditions of new lease if grazing is to be continued. 4. Continue to remove exotic vegetation, and revegetate with native species at creek, Monte Bello Open Space Preserve Picchetti Ranch Area. 5. Augment existing oak restoration project at Rancho San Antonio Open Space Preserve with volunteer effort to remove old cages from dead trees, plant new oaks, continue seed collection and germination in green house. Draft action plan. 6. Prepare pond management plan for Rancho de Guadalupe, Mt. Umunhum Area, Sierra Azul Open Space Preserve. Inventory pond, research management methods and county requirements, and prepare plan. 11 OPERATIONS PROGRAM To Implement the BASIC POLICY OBJECTIVE: The District follows management policies that ensure proper care of the land, that provide public access appropriate to nature of the land, and that are consistent with ecological values and public safety. General Program Emphasis for 1997-1998 Continue to provide responsible stewardship of all District lands by furnishing those public safety, maintenance, construction and resource management work necessary and appropriate for effective management of District lands. Implementation of Board adopted Trail -Use Policies and Guidelines and the mitigation of trail -use conflicts will continue to be a primary focus of the Operations Program. Staff Resources Operations Manager Area Superintendents (2) Support Services Supervisor Operations Analyst Supervising Rangers (4) Secretary Rangers (12) Equipment Mechanic -Operators (2) Lead Open Space Technicians (2) Open Space Technicians (5 current; 2 proposed) Farm Maintenance Worker 8,500 Seasonal Open Space Technician hours (6,000 regular; 2,000 special project, 500 Deer Hollow Farm weekend staff) 12 Key Projects 1. Operations Program Audit - Working with the General Manager, develop the request for proposals to conduct a program -wide effectiveness audit of the Operations Program. The review shall include an assessment of the District current staff structure, methods and practices of providing services and a comparison of alternatives methods used by other similar agencies. Assist the General Manager in making a recommendation to the Board on the selection of a qualified consultant and the subsequent compiling and gathering of information and data requested by the consultant to conduct the audit. 2. Interpersonal Communication Skills Development - Building on the influencing skills training received by the entire staff in December and January, assist each work group within the Operations Program in the development of team agreements and mission statements, participate in the District -wide staff development and implementation of interpersonal communication performance standards, and provide supervisors and managers the leadership and supervision training necessary to facilitate the completion of these tasks and enhance the overall quality of supervisory skills and communication within the program. 3. Operations Manual Update - Revise operations manual to include Open Space Technicians, Lead Open Space Technician, and Equipment -Mechanic Operator positions. Update Ranger sections to include new procedures not yet formally placed in document. Develop standing orders system to draft, review, and implement directives not included in the operations manual. 4. Special Use Policies - Develop Special Use Policies for Board adoption. Work with the Use and Management Committee in developing the draft of the policies that will concentrate on public agency and private non-profit special uses. Other Projects and Activities 1 Patrol a. Monitor public use and land use regulation compliance, and educate the visiting public on proper use of District preserves. b. Enforce District land use regulations by providing active ranger patrol and after hours call -out service, as well as implementing patrol agreements with other agencies. c. Respond to accidents and other emergencies occurring on District lands. d. Identify and mitigate potential hazards on open space preserves to provide public safety. e. Continue the implementation of Board -adopted Trail Use Guidelines. 13 f. Monitor special events, use permits, and resource protection related impacts on District lands. g Incorporate ranger bicycle patrol and the use of radar into regular patrol duties to address trail use conflicts. h. Support the goals of the Public Affairs Program by providing staff for special events and other projects. 2. Maintenance and Construction a. Work with program managers to facilitate increased interaction between field staff and other staff. b. Develop cost-effective methods of meeting site maintenance needs. c. Implement Use and Management Plan recommendations, as appropriate. d. Maintain lands, buildings, vehicles, and equipment to a safe and appropriate standard of appearance and utility. e. Provide supervision of volunteer projects, support enterprise subprogram field maintenance needs, and assist consultants and contractors with capital improvement projects as necessary. f. Implement resource management plans and specific projects, as appropriate. g. Improve public access and use through capital improvement projects, while protecting natural resources from the impact of public use. 3. Management and Administration a. Improve liaisons with local police, fire, and municipal court jurisdictions. b. Provide for safe access and site security by negotiating road maintenance and caretaker agreements. c. Coordinate management of District vehicles and equipment. d. Coordinate an occupational health and safety program for field operations. e. Coordinate ongoing training and skills enrichment for field staff. f. Provide for continued field staff involvement in the planning process. 14 PUBLIC AFFAIRS PROGRAM Subprograms A. General Public Information and Outreach B. Legislative, Funding, and Organizational Relations C. Visitor Services* To Implement the BASIC POLICY OBJECTIVE: The District educates and makes clearly visible to the public the purposes and actions of the District, and actively encourages public input and involvement in the District's decision -making process and other activities. General Program Emphasis for 1997-1998 Publicize and engage the District's constituents in recognizing the District's 25th anniversary through a variety of means. Implement the top priorities of the District's legislative plan. Fully integrate the Visitor Services Subprogram into the Public Affairs program. Increase environmental education and volunteer participation. Maximize the general public's awareness and understanding of the District, its goals, and its activities by providing District information to all communities served and all target audiences, through established methods. Participate in the District -wide effort to develop and improve leadership, supervisory, and interpersonal communication skills to enhance the District's work environment and build toward becoming a cohesive, high performance organization. Staff Resources (Regular, full-time positions unless otherwise indicated) Public Affairs Manager Visitor Services Supervisor Volunteer Coordinator Docent Coordinator Public Affairs Assistant Seasonal Interpretive Aide * As part of the reorganization approved by the Board in 1996, the Visitor Services Subprogram has been moved from the Operations Program to the Public Affairs Program. 15 1997-1998 General Public Information and Outreach Subprogram Objective To generate additional support among the general public for completing the greenbelt by increasing the positive perception and awareness of the District's mission, objectives, accomplishments, programs, and effective management of public lands and financial resources. Key Projects 1. 25th Anniversary - Implement a series of activities and events to commemorate the District's 25th Anniversary as approved by the Board, possibly including an on -site event, 25th Anniversary items for sale, a banquet, a special mailing of the visitors map, and other references to the anniversary within District written materials. 2. Kids' Art of Open Space - Schedule and coordinate the fourth event to take place no later than March 31, 1998. 3. Annual Report - Publish a District 1996-1997 Annual Report by May 28, 1997, followed by three regular issues of Open Space News. 4. Public Opinion Poll - Implement a public opinion poll to help gauge the public's awareness and perception of the District. Other Projects and Activities 1. Work with the Planning Program to provide publicity and outreach efforts to solicit community involvement in developing the District's Regional Open Space Plan. 2. Conduct one direct mailing to chamber of commerce members within the District, and one insert of District information in chamber of commerce newsletters. 3. Maintain a high level of regular media coverage of District activities and accomplishments. 4. Continue to work with the Planning Program to create new site maps for preserve brochures, and continue updating, producing, and distributing existing site maps, brochures, and other collateral materials as needed. 5. Maintain and maximize the schedule of community presentations and displays. 6. Continue providing public affairs services to other programs, i.e., attendance and input at meetings, press releases, flyers, displays, mapping, media liaison, etc. 7. Continue to maintain and update the District's web site on the Internet. 8. Continue to update and expand the District's newsletter mailing list. 16 1997-1998 Legislative. Funding. and Organizational Relations Subprogram Objective To carry out the high priority elements of the District's legislative plan and to inform other public agencies and private organizations about the District's activities and goals. Key Projects 1. Lobbying Efforts - Work with the general manager and the District's Sacramento lobbyist to preserve current and future state funding for the District, and to carry out elements of the District's legislative plan. 2. Protection Of District Funding - Work with Fast Bay Regional Park District to provide for long-term protection of District funding, including possible modification of appropriate Public Resources Code sections. 3. Regional Funding - Work with the Bay Area Open Space Council, San Mateo County, the Planning and Conservation I eague, and others to develop and support potential regional or other alternative funding mechanisms. Other Projects and Activities 1. Work with East Bay Regional Park District in planning for the 1998 Special Districts Forum, which the District will assist East Bay in hosting. 2. Continually review and analyze legislation, determine District's position on bills, and take appropriate action, if any, on bills. 3. Work with legislators, legislative committees, state and federal administrators, other agencies, private organizations and interested citizens for information and action regarding state legislation and specific local issues. 4. Support federal, state, or local legislation which will benefit the District. 5. Provide support and services for specific District projects requiring legislative support, such as grant applications. 6. Maintain contact with other organizations and agencies and encourage them to assist the public in differentiating between agencies, and for the exchange of information, cooperation on special projects and participation in special events such as conferences and seminars, to keep the District informed of current issues. 7. Provide District information to candidates in any 1997-1998 elections, and set up information meetings with candidates as need is determined. 8. Continue to provide staff support to the Legislative, Finance, and Public Affairs Committee, and work as needed to develop District positions on and involvement in statewide open space issues. 17 9. Continue making presentations to city councils, planning commissions, and parks and recreation commissions of the cities within the District. 10. Provide a District presence in key legislative activities, meetings, and conferences in Sacramento, through CPRS, PCL, or with the District's legislative advocate. 11. Coordinate with the Administration Program to implement joint meetings with county parks and recreation commissions and the Santa Clara County Open Space Authority. 12. Schedule a public officials land tour for San Mateo County in spring, 1997, and for Santa Clara County in fall, 1997. 18 1997-1998 Visitor Services Subprogram Objective To encourage active public participation in the maintenance, restoration, and protection of the District's natural resources, and provide cultural, historical, and environmental education opportunities to the public. Key Projects 1. Environmental Education - Continue to implement and improve the District's environmental education program for school children. Recruit and train additional outdoor education leaders to accommodate more school groups. Investigate methods of providing disadvantaged school classes with transportation to the field trips at Skyline Ridge. 2. Daniels Nature Center - Work with planning staff to finalize design and installation of exhibits. Develop and set up seasonal and temporary displays. Recruit and train volunteers to staff the nature center at least one weekend day per week, and explore hiring hire a seasonal employee to assist in meeting staffing needs. 3. Crew Leader Training - Work with operations staff to develop a crew leader training program for Preserve Partners volunteers. Other Projects and Activities 1. Recruit and train docents and other volunteers, and provide public information about volunteer programs, projects, and events through quarterly newsletters. 2. Coordinate monthly volunteer service projects and short- and long-term special request volunteer projects. 3. Conduct a broad range of public interpretive programs on open space preserves. 4. Coordinate the volunteer trail patrol program, and provide ongoing training for trail patrol volunteers and docents. 5. Develop a schedule for public access/viewing of the historic Grant Cabin. 6. Provide leadership training to field staff assigned to work with volunteers. 7. Broaden the volunteer program, including volunteer assistance with periodic information stations at strategic locations throughout the District. 19 ADMINISTRATION PROGRAM Subprograms A. Administration/Human Resources Subprogram B. Legal Services Subprogram To Implement the BASIC POLICY OBJECTIVE: The staff administers the affairs of the District on behalf of the public so as to maximize accomplishment of the goals of the District within existing financial and other constraints. General Program Emphasis for 1997-1998 Instill vision and provide leadership to foster staff participation and activities to carry out the District's short and long-term goals and objectives. Guide and support the District -wide effort to develop and improve leadership, supervisory, and interpersonal communication skills among all staff in order to enhance the District's work environment and build toward becoming a cohesive, high performance organization. Maintain the District's viability as an open space acquisition and management agency in light of limited funding. Focus efforts on working with the Planning Team, all staff, and the Board in development of the Regional Open Space Plan. Staff Resources (Regular, full-time positions unless otherwise indicated) General Manager Legal Counsel (part-time) Controller (one -quarter time) Administrative Services Manager/District Clerk (under review) Research Attorney Administrative Analyst Office Manager/Secretary to the General Manager Accounting Specialist Secretary (one-half time) Receptionist 20 1996-1997 Administration/Human Resources Subprogram Objective: To provide overall coordination, direction, and administrative base for all District activities so as to maximize the accomplishment of the Board's policies and directives, to implement the Strategic Plan, and to maintain the District's viability as an open space acquisition and management agency. Key Projects 1. District Funding - Work to preserve current and future state funding for the District. Continue to provide multi -year information/scenarios on District's long-term finances, including bonded indebtedness and cash flow, and to address the need to rely on the availability of grant funds for major development projects. Pursue alternate sources to secure additional funding the District to meet acquisition and open space management needs, including, if needed, a 1997 note issue for critical open space acquisitions. 2. Human Resources - Work with all programs to develop and improve leadership, supervisory, and interpersonal communication skills to enhance the overall quality and effectiveness of the District's work environment, and build toward becoming a cohesive, high performance organization. Carry out District's personnel and labor relations functions. Enhance organizational effectiveness through increased communications, staff meetings, retreats, workshops, training seminars, and team building activities. 3. Joint Meetings - Coordinate joint meetings with the Board of Directors, the Park and Recreation Commissioners of Santa Clara County and San Mateo County to discuss topics of mutual interest and the Regional Open Space Plan. Meet with the Santa Clara County Open Space Authority Board of Directors to discuss the Regional Open Space Plan. Hold joint meetings with key parks and recreation department staff at San Mateo and Santa Clara Counties to facilitate interagency cooperation and communication. 4. Regional Open Space Plan - Work with the Board of Directors, Planning Program, and all District staff to prepare a plan providing a clearer vision for the future of the District. Other Projects and Activities Continue to build and refine a management team approach for overall management of the District's activities. 2. Provide financial management and accounting, including investment of temporarily idle funds, and general legal support to other programs as necessary. 21 3. Perform administrative and legal obligations as required by . _ce law, promote District's safety program, and oversee coordination of equipment/infrastructure needs at main office. 4. Update Action Plan; ; coordinate program evaluations for Action Plan progress; 5. Prepare, monitor and revise, as necessary, annual budget. 6. Coordinate preparation and distribution of all materials for Board's regular and special meetings. V. Involve Board of Directors in planning of the annual special Board meeting to be held as part of Board's Good Neighbor Policy. 68. Refine and implement a comprehensive risk management program, including a formalized site inspection process. 49. Implement a comprehensive procurement policy, specifically for the purchase of recycled and alternative paper products and other office supplies. 22 1997-1998 Legal Services Subprogram Objective To provide timely legal services to the Board and to all District programs to assist in formulating and implementing District policies and projects in accordance with law. Key Projects 1. Real Property - Provide legal advice concerning District real property issues, including acquisition, disposition, trail easements, title and encroachment issues and permits to enter District land. 2. Risk Management - Process and monitor current claims and litigation against the District for personal injury or property damage; refine risk management procedures; represent District's interests in insurance coverage matters; provide oversight of matters handled by outside counsel. 3. Human Resources - Assist in carrying out labor relations functions; serve as chief negotiator on District's bargaining team; provide legal advice on personnel matters; prepare a District substance abuse policy. 4. Public Contracting - Assist programs in bidding process and contract administration for public works and professional services contracts; develop model contract forms. Other Projects and Activities Continue to provide legal research concerning historic parcels and chain of title to assist in resolving real property issues or in support of planning and acquisition projects. 2. Provide advice concerning legal requirements applicable to public agencies such as the Brown Act, conflict of interest, election law and the California Environmental Quality Act. 3. Prepare and review District legal documents such as contracts, resolutions, and leases. 4. Represent District's legal interests in relation to other government agencies. 5. Advise District on court rulings and legislation affecting the District and on legislation proposed by the District. 6. Provide advice regarding the development of potential funding mechanisms. 23 Regional Open Si ce R-97-35 Meeting 97-07 March 12, 1997 AGENDA ITEM Initial Presentation of the Budget for Fiscal Year 1997-1998 GENERAL MANAGER'S RECOMMENDATION MIDPENINSULA REGIONAL OPEN SPACE DISTRICT No action is requested at this time. The proposed budget for the 1997-1998 fiscal year will be presented again at your March 26 meeting for final consideration and adoption. The Controller will give you his annual report at the March 12 meeting. The Administration and Budget Committee will report to you at the March 26 meeting. Overview: This report presents the proposed expense budget for the April 1, 1997 through March 31, 1998 fiscal year. Staff will review the proposed budget at your March 12 meeting. The budget will be presented for adoption at your March 26 meeting. The proposed budget for the 1997-1998 fiscal year currently totals $24,932,625 and breaks down as follows: Debt Service $5,979,600 Capital Improvement Projects $811,800 Facilities (Field Offices) $175,000 Operating Expenses $4,963,225 Land Purchases $13,003,000 The budget includes $13,003,000 for land purchases. This figure represents $12.7 million for new land purchases and $303,000 for acquiring an easement over Moody Gulch in Redwood Estates from Santa Clara County. All of this budget amount is from the proceeds of the District's financing resulting from the creation of the Midpeninsula Regional Open Space District Financing Authority Joint Powers Agreement with Santa Clara County. Proposed 1997-1998 operating expenses of $4,963,225 shown above do not include $49,800 to be expended in the District's PERS surplus asset account as of April 1, 1997. The surplus asset account arises from the District being "over -funded", which means the District's actuarial assets exceed its actuarial liabilities for paying PERS contributions. The amount of over -funding is removed from employer assets used for rate -setting purposes and is placed in a surplus account for that employer. These funds cannot be refunded to the District. The District can use the surplus funds to cover its employer -employee PERS contributions. The $49,800 brings total operating budget for 1997-1998 to $5,013,025 at this time. 330 Distel Circle • Los Altos, CA 94022-1404 • Phone: 415-691-1200 FAX: 415-691-0485 • E-mail: mrosd@openspace.org • Web site: www.openspace.org Board of Directors: Pete Siemens, Mary C. Davey, Jed Cyr, David T. Smernoff, Nonette Hanko, Betsy Crowder, Kenneth C. Nitz • Genera! Manager: L. Craig Britton R-97-35 Page 2 This $5,013,025 operating budget figure does not include any potential cost -of -living adjustments and related benefit increases for the District's office, supervisors, and management staff nor employees represented by S.E.I.U. - Local 715. Contract negotiations are currently in progress with Local 715. Also not included in the $5,013,025 operating budget figure nor is any compensation adjustments you may approve for Board appointees for 1997-1998. Target Average Six Percent Growth Guideline for Operating Expenses: The Board approved the target average 6% growth guideline for District operating expenses at the September 28, 1996 Regular Meeting (see report R-94-100). Operating expenses include salary and benefits, services and supplies, and fixed assets. Facility costs, such as field office related construction, and capital improvement projects (CIPs) are outside the operating expenses growth guideline. The guideline, implemented during lean tax revenue years, is a target average, allowing growth, for example to be five percent one year and seven percent the following year. The base figure used to calculate operating growth is the approved 1994-1995 adjusted operating budget figure of $4,197,814. The target average six percent guideline for operating expenses was first applied to the 1995-1996 budget. Operating expenses, as compared with the guideline, are: • 1995-1996 adopted operating budget of $4,400,200 was 4.82% above the adjusted base. • 1995-1996 actual operating expenses of $4,432,900 were 5.6% above the adjusted base. • 1996-1997 adopted operating budget of $4,624,200 was 5.09% above the 1995-1996 adopted operating budget of $4,400,200. • 1996-1997 projected operating expenses of $4,401,750 (including $39,000 PERS surplus used) are 0.04% above 1995-1996 adopted operating budget of $4,400,200. • 1997-1998 proposed operating budget of $5,013,025 (including $49,800 PERS surplus to be used) is 8.4% above 1996-1997 adopted operating budget of $4,624,200. • 1997-1998 proposed operating budget of $5,013,025 (including $49,000 PERS surplus to be used) is 13.9% above the 1996-1997 projected operating expenses of $4,401,750. The two new Open Space Technician positions proposed in the Operations Program and the other new or expanded positions (additional one-half time Volunteer Coordinator; equivalent of one-half time Farm Maintenance Worker; and the new full-time Operations Analyst position) added in the 1996-1997 fiscal year account for approximately $175,000 of additional salary and benefits in the proposed 1997-1998 budget. Summary: Over the three year period since the implementation of the target guideline, operating expenses have averaged 6.5% per year. If the staffing related "jump" of $175,000 R-97-35 Page 3 in the 1997-1998 proposed budget is subtracted from the current proposed operating budget of $5,013,025, the three year average drops to 5.1%. Budget Review Process: The 1997 Administration and Budget Committee, composed of Directors Siemens (treasurer), Cyr (committee chair), and Nitz reviewed the proposed budget in the Board's behalf during a series of open, publicly noticed meetings in February and March. The committee work included reviewing the proposed Action Plan for each program, the proposed 1997-1998 budget by program and category expense groupings (as well as by major projects and activities) and the 1996-1997 projected expenditures. The Committee will be reviewing the proposed entire budget against the target average six percent growth guideline for District operating expenses at its March 10 meeting. The committee members received for their review detailed sub -account printouts for all the detail line items included in the proposed budgets. Controller M. Foster will meet with the committee on March 10 to discuss projected revenues, the proposed financing, debt service, and a District cash flow analysis. He will be presenting his Controller's report to the Board at the March 12 meeting. The Administration and Budget Committee will present their report to the Board at the March 26 meeting. As in past years, estimated expenses are included for various employee benefits. Because of the District's April 1 fiscal year start date, exact contribution rates are not known when preparing the budget. At this time, the proposed budget does not include funds for any potential salary or benefit adjustment for office, supervisory, and management staff nor for the members of the staff represented by S.E.I.U. - Local 715. Contract negotiations are still in progress for the latter. Staff anticipates presenting a new contract with Local 715 for your approval at your March 26 meeting, as well as specific salary and benefit adjustment recommendations for the office, supervisors, and management staff. The proposed budget also does not include any potential compensation adjustments you may approve your three Board appointees at this time. At the March 26 meeting, the proposed budget figures will be amended to reflect any salary and benefit adjustments you may approve. Proposed Program Budgets: The following section on the proposed 1997-1998 budget is presented by program to facilitate your review. The last four pages of this report show in detail the proposed 1997-1998 budget broken down by program and major expenditure categories. R-97-35 Page 4 • OPEN SPACE ACQUISITION PROGRAM A. Acquisition Program 96-97 Adopted Budget 96-97 Projected Expenses Salaries & Benefits $86,250 $79,900 Services & Supplies 60,750 43,710 Fixed Assets - Acquisition 64,000 38,000 . . . . . . . . . . . . . . . . . . . . . 53.000 Enterprise Subprogram 104,300 102,850 Debt Service Land Purchases 4,835,800 8,300,000 13,614,126 240,000 5,979,6 19,396,350 Total $13,451,100 $14,118,086 The proposed 1997-1998 budget for Open Space Acquisition Program is $19,396,350, an increase of 44% from the 1996-1997 budget. This increase primarily reflects an increase of approximately $5 million in open space acquisition funds. This increase is a result of the District's recent financing. Excluding debt service payments, the Acquisition budget is $13,416,750. Controller M. Foster indicates that $13 million would be available in 1997- 1998 for open space acquisition. The District in its cooperative project with Santa Clara County will contribute approximately $303,000 towards the acquisition of Moody Gulch near Sierra Azul Open Space Preserve. Due to the new Note Issue, debt service payments were significantly above the 1996-1997 proposed budget which paid off a number of existing notes in advance. Debt service for principal repayment and interest on the District's land contracts and note issues is budgeted at $5,979,600 for the 1997-1998 fiscal year. As acquisition funds dwindle, the program's emphasis during 1997-1998 is to continue focusing efforts on securing high priority properties and completing several grant funded acquisitions. Land option fees are budgeted at $15,000 to continue the fee defeasance acquisition of the Lee and General Convention properties in Sierra Azul Open Space Preserve. Fixed asset expenses directly related to land acquisition, such as appraisals, site engineering, escrow fees, title insurance, and legal fees are budgeted at $151,000, a significant increase over the 1996-1997 budget because of increased acquisition activity and potential complicated acquisition projects during the year. R-97-35 Page 5 B. Enterprise Subprogram The proposed 1997-1998 budget for the Enterprise Subprogram is $132,850. The subprogram's proposed budget divides into two major areas: 1) on -going regular enterprise activities, and 2) expenditures related to the District's administrative office building. Funds budgeted for on -going, regular enterprise activities is an increase of 25% percent. This increase is due primarily to the increase in insurance premiums, including allocation of Enterprise's share of the Distel Circle building insurance premiums. Operating expenses for the office building are budgeted at $30,600 for the tenant space and will be handled in a separate facilities account within the Enterprise Subprogram. Expenses for the portion of the building occupied by the District is included in the Administration Program. In 1996-1997, projected net income from the District's enterprise properties is $450,050, an increase over 1995-1996 income of approximately 10 percent. This increase is primarily due to an increase in communication lease rents. Net income for 1997-1998 fiscal year is projected at $460,150, a two percent increase as a result anticipated new communications lease at Pulgas Ridge Open Space Preserve. 2. PLANNING PROGRAM 96-97 Adopted Budget 96-97 Projected Expenses 050 Salaries & Benefits $ 408,450 $ 370,650 Services & Supplies 153,950 179,150 0; Fixed Assets - Operating Expenses 4,200 4,000 Fixed Assets - Facilities 501,500 435,000 Capital Improvement Projects 693,900 380,750 Total Planning $ 1,741,000 $ 1,369,550 The proposed 1997-1998 Planning Program budget is $1,517,100 and represents a 13 percent decrease over the adopted 1996-1997 budget of $1,741,000. A vacancy in staffing during the past year and use of the PERS surplus have resulted in an underexpenditure of 9 percent in salaries and benefits for 1996-1997. Use of the remaining PERS surplus and hiring a Planning Technician instead of filling the vacant Planner I position will lead to a 2 percent decrease in salaries and benefits proposed for 1997-1998. R-97-35 Page 6 The overexpenditure in the 1996-1997 services and supplies category is attributed to planning efforts for the Teague Hill surplus property project and District -wide inventory of exotic plants. There is a projected decrease in the services and supplies category in 1997-1998 is due, in part, to a decrease in expenditures related to the Teague Hill surplus property project and consulting assistance with the formation of the self -managed Planning Team. The decrease in salaries and benefits and services and supplies leads to an overall 6 percent decline in the operating budget for the Planning Program at this time. The operating budget is comprised of salaries and benefits, services and supplies, and fixed assets relating to office equipment. The Planning Program's operating budget for 1997-1998 is $530,300 as compared with $566,600 for 1996-1997. The 1996-1997 fixed assets facilities budget consists primarily of the Skyline field office project which is complete with the exception of driveway improvements. The 1997-1998 fixed assets facilities budget includes completion of the Skyline field office driveway and seismic retrofitting of the Foothills shop building, bringing the total facilities budget to $175,000. The capital improvement projects (CIP) budget of $811,800 represents a 17 percent increase over the 1996-1997 budget of $693,900. There is a projected underexpenditure of 45 percent for 1996-1997 due largely to the delay in construction of the public access improvements at Windy Hill Open Space Preserve and changes in the scope of public access projects at La Honda Creek, Windmill Pasture Area of Rancho San Antonio and Fremont Older Open Space Preserves. Some projects were delayed by unforeseen planning and permit complications. Major projects in the coming year include major public access improvements at Windy Hill, trails at El Corte de Madera, Fremont Older, and St. Joseph's Hill, road and bridge repairs at La Honda Creek, Purisima Creek Redwoods, Rancho San Antonio, and Skyline Ridge, and grassland management program at Russian Ridge. CIP projects in 1997-1998 have been prioritized as they were last year into A and B priorities. Highest priority projects are A projects and are fully funded. Every effort will be made to complete the specific tasks associated with A projects as outlined in the Work Program for District Preserves and Facilities. The B projects are second priority and funded at 50 % of their estimated cost. They will move forward as quickly as possible and, often times, are accelerated when A projects are delayed due to unforeseen problems such as complications in obtaining permits. As part of the measure to manage overall District budget growth, a CIP budget guideline of $600,000 per year was introduced in 1994-1995. In the current year, the projected expenditures are anticipated to be $380,750 or $219,250 below the guideline. Proposed CIP expenditures for 1997-1998 are $811,800 or $211,800 over the guideline. Over the two-year period the guideline will not be exceeded. Projected development grant income for 1996- 1997 is $79,272 and in 1997-1998 is $283,449. R-97-35 Page 7 3. OPERATIONS PROGRAM 96 -97 Proposed Budget 96-97 Projected Expenses Salaries and Benefits 1,919,700 1,858,800 Services and Supplies 481,600 479,900 ,800 Fixed Assets 121,900 119,650 0 Total $2,523,200 $2,458,350 $2,551,800 The proposed 1997-1998 budget for the Operations Program is currently $2,551,837. This represents a 1.0% growth over 1996-1997 adopted budget. However, several approved changes this past year have obscured what is an actual 4.0% growth in the Operations Program budget. The changes have included the relocation of the Visitor Services section to Public Affairs, mid -year conversion of the Volunteer Coordinator position from half-time to full-time, and mid -year approval and filling of the Operations Analyst and Farm Maintenance Worker positions. The proposed 1997-1998 budget does not include cost of living increases and other potential salary and benefit changes that may subsequently be approved by the Board for District staff. The 1997-1998 proposed budget includes two new Open Space Technician positions to address the increasing workload associated with the overall growth of the District. Maintenance staffing levels have not kept pace with growth in the trail system and the increased maintenance needs associated with mountain bicycling and other recreational uses of District lands and facilities. The success of volunteer programs, greater commitment to resource management, and difficulty finding and retaining seasonal staffing have also placed greater demands on the maintenance staff. The only growth to the maintenance staff since 1990 has been the addition of the two equipment mechanic operator positions. The 1997-1998 proposed services and supplies budget is $505,830, a 5.0 percent increase over the 1996-1997 adopted budget for services and supplies. Included in the proposed budget is an additional $12,000 for outside services such as road and trail repair and maintenance and other miscellaneous repairs to District improvements. An additional $6,000 has also been added to the training budget to support continuation of the influencing skills training program introduced earlier this year. The 1997-1998 proposed fixed assets budget is $130,600, a 7.1 percent increase over the 1996-1997 adopted budget. The proposed budget is consistent with the five-year capital equipment schedule shown on the next page. Two high -mileage patrol trucks are scheduled to be replaced in 1997-1998 at a cost of $52,000. The proposed budget includes $60,000 has also been included in the proposed budget to purchase a trail dozer suitable for trail construction and maintenance of trails as narrow as four feet. The trail dozer is a very specialized piece of equipment which is available for rental on a very limited basis. A portion of the cost of the trail dozer may be offset by grant funds from the National Recreational Trails Act for the El Corte de Madera Open Space Preserve trail project. 1997-2002 OPERATIONS PROGRAM 5 -Year Capital Equipment Schedule - Proposed 2-24-97 (with previous year exvenditure) 1996-1 97 9 ::.r: ir::;:.:: .... . r r f ::..:. :<: :;::.;:�: '�:::��.�r �:frf., .. � .. .. .. . : :. i•:.:'.:.. .f..rfr ..f.r...: . ,. �'rr:::: �:: �.99..�E.,..........:::.::r::.::�.;�.:.�£ <' :...........r......� ��.::::r:.:r..... i•>rr .. . : ... r>� r <.;::.:.::.>: : f':.r; :r: :.;:.;:.:;.<:.::: �:: , . t . F:::f�r::.:; .:. 00 :.,�. ........... Vehicles: a) replacement (three) $73,500 l:i v' f:�: `rr �,?? }:rr. �•�: erri$,: { i}:•:%:f.'•:: l Yf;:? fill �': `P:.''' r;:r ;{::> f, i rf: -2,000 r >�F� r s:�rs ;::4:: `: :. ��.* r:r':f: .+;? fs::>: f f • : :>. l r,:•<::?.:rr:>:r�:.:::. {��,{r�f�. f:•::i':Y s''F '{F::rf.i?.•,y,rr{$f{r'i:;:; fii.'¢¢.r•.:i: �'.{rf F .'fiirr'ff %:{:: 'r:r:f{ •fff f: rf f,::: .fff:;.f:r,•fish ffri�F�;''rfri.r�ffF "-> <:: r.::, ....4...:.;':>;: 4:xrr <, f: :::::rfr:}: ii :4 it S$ ;'::::::::r•::.ii$., .:: Firt•;,•.:r'••: y. ;::fii'}s i.•4•:S:` f>Fi l``' Ff:: (two) $50,000 $40,000 small dump truck ($26,000*) (three) $78,000 (two) $56,000 ($26,500*) (two) $56,000 patrol other b) r::new patrol other Machinery and Heavy Equipment $17,800 ATVs, Power Carver % " ff' ''' r < F r F,,- '..:, '' `: `{' ff ! `:. :rs•.., rr �.Sr, !:�{! •r: �.? �f � � � ; off. • � �: v'"f '.r:..,{:,, r`:% '� { Fj iiif i ti i',.. f ii •. f.•f,.wih}': {ff.•, i'}$;� F•f.•}r%{rf%f?F�: $3 500 small trailer $60,000 backhoe $25,000 replace boom mower attachment $70,000 dozer Office Equipment $14,200 includes Skyline phone €F:r:::::i X>': :<F::;:;<<r x::>::: ::: : $ <r r:. .: ' '. >}f r r rr,>' :: $5,000 (two) two computers $5,000 $4,500 Field Equipment: a) field b) radio c) fire 7 500 $ , $ 500 .:::.:: f> $8,400 • two pumpers }. f {r ; r . .: `:'' :'' ':«<:><:<:;;::; : ;::;<• :>:; rff < :: rr`:;r r ::{i::v:::: ;<? :%f . > ; $6,500 1,500 $4,500 new pumper $8,000 $1,000 $7,000 $1,000 $4,500 new pumper $7,500 $1,000 TOTALS $121,900.00 ?>r> # }<r %•ij tiiti '?:r :ti •S,yti::: iiiii; :Y: i ::.. rf • {f..J,r?r :r $137,000.00 $152,000.00 $124,500.00 $134,500.00 yr. AVERAGE $133,416.67 budget\cap97.doc 2\24\97 assumes staff increase R-97-35 Page 9 4 PUBLIC AFFAIRS PROGRAM 96-97 96-97 97-98 Adopted Projected Proposed Budget Expenses Budget Salaries & Benefits $124,100 $118,000 Services & Supplies 158,900 152,255 273, Fixed Assets 500 420 Total $283,500 $270,675 556,075 The proposed 1997-1998 Public Affairs Program budget shows a significant increase due to the inclusion of the Visitor Services Subprogram and the planned printing and mailing of 300,000 visitors maps. The relocation of Visitor Services from Operations to Public Affairs was highlighted in the District's 1997-1998 Action Plan. The 1996-1997 approved Public Affairs budget included two staff people, while the proposed 1997-1998 budget includes a total of five staff people plus a seasonal interpretive aide. This results in a 95% budget increase. Aside from the incorporation of Visitor Services and the production and mass distribution of the visitors map, the program maintains the status quo. Following is a summary of the proposed budget elements for the Public Affairs Program. Salaries and benefits: $282,450 The increase from last year's $124,100 is due to the addition of the three full-time Visitor Services staff members and a seasonal interpretive aide for the David C. Daniels Nature Center, and related benefit increases. Services & Supplies: $273,025 The proposed services and supplies budget includes general services and supplies, publications, special projects, and visitor services. The increase from last year results primarily from the production and mass distribution of the visitors map (estimated at $95,000), the implementation of a public opinion poll (estimated at $10,000), additions of docent and volunteer program elements (estimated at $12,000), as well as smaller increases in various other accounts to provide services and supplies related to the inclusion of visitor services. Some of the significant items in the public affairs services and supplies budget include: Contract Services $26,250 (includes Heim contract, photography, public opinion poll) Postage/Distribution $61,000 (postage for newsletters and mass mailing of visitors map) Visitors Map Reprint (300,000 pieces) $56,500 Site Brochures/Maps $27,900 R-97-35 Page 10 Newsletter/Annual Report Printing $43,050 Special Projects/25th Anniversary $20,800 Visitor Services $11,800 Fixed Assets: $600 It is proposed that $600 be budgeted in 1997-1998 to add a cd-rom drive and modem to two of the five computers. Total budget, all categories: $556,075 5. ADMINISTRATION PROGRAM 96-97 96-97 97-98 Adopted Projected Proposed Budget Expenses Budget Salaries & Benefits $600,000 $551,775 $621,350 Services & Supplies 278,450 252,600 Fixed Assets 9,050 12,000 Total $887,500 $816,375 Totaling $910,300, the proposed 1997-1998 budget for the Administration Program currently breaks down as follows: Salaries and Benefits $621,350 (68.3 %) Services and Supplies $275,650 (30.3%) Fixed Assets $ 13,300 (1.4%) The proposed 1997-1998 Administration Program budget totals $910,300 and currently represents a 2.6% increase over the 1996-1997 adopted budget and a 11.5% increase over 1996-1997 projected expenses. The salaries and benefits category includes your Board appointees' salaries, currently budgeted at $148,850. Salaries for members of the Administration Program staff are shown at $297,450. In this same salaries and benefits category, $50,000 is included for potential performance awards for office, supervisory, and management staff, and $27,000 is designated for Directors' compensation. The following Section 6 explains the two-year funding request for the Performance Award Program and the reasons no funds were expended in the 1996-1997 Salary Incentive Program. As the service -center for many District operational and administrative activities, the services and supplies budget includes $180,300 funding for basic items such as: Postage $12,500 Telephone $19,000 General Insurance $60,400 R-97-35 Page 11 Auditor $ 9,300 General Office Supplies $6,000 Utilities and Maintenance $41,400 Business Printing $ 6,500 Photocopying $18,000 Minute Taker $ 7,200 The services and supplies category also includes; $10,000 for special legal fees related to general personnel and administrative matters; $7,000 for organizational training conducted by Mr. Art O'Neal and $6,200 for administrative staff and general and/or specialized all -staff in-house training programs; and $9,400 for professional conferences for professional staff and the Board, including the Special Park District Forum. The proposed budget also includes $3,500 for the Board's staff recognition event, $1,500 for replenishing the stock of District pins given to staff, docents, and volunteers, and $600 for the staff activities or events to be held during the year and administered by the "Fun" Committee. The proposed fixed asset budget totals $13,300 and includes $7,000 for construction costs to change a one -person office to a two -person office and $6,300 for furniture and equipment. The equipment to be purchased includes a fax machine for the 1998 Board president, if he/she does not have a personal fax machine. The Board president reviews a significant number of documents and letters between Board meetings, and the fax machine will eliminate the need for staff members, as well as the Board president, to deliver and pick up documents. 6. SALARY INCENTIVE AWARDS Concerned about the growing cost of the salary incentive award program and the number of award recipients, the 1996-1997 Administration and Budget Committee capped the 1996- 1997 salary incentive award program at $25,000. In addition, the committee requested placing the 1996-1997 program and awards on hold until the long-term goals of the program were reviewed by the General Manager and any proposed changes presented to the committee and proposed to the Board for approval. In May 1996, the office, supervisory, and management staff had an opportunity to comment on the salary incentive program and offer suggestions for improvement. Management Team has been meeting since that time to discuss a proposed replacement program based on the input received from the Board and staff. The major changes proposed include: changing the name of the program to Performance Award Program to emphasize that it is a performance - driven program and not a salary continuation program; expanding eligibility for the program to include all office, supervisory, and management staff instead of just those who have reached the top of their salary range; and determining award recipients through a staff nomination process rather than it being solely a management or supervisory decision. The 1996-1997 salary incentive award program is still on hold pending Board approval of the proposed changes to the program. The 1997-1998 Administration and Budget Committee reviewed and tentatively approved the proposed program with the General Manager at its R-97-35 - Page 12 meeting on March 3. In order to allow sufficient time for review with staff, Board approval, and implementation of the proposed program, the committee also tentatively approved carrying over the $25,000 budgeted for 1996-1997 to the 1997-1998 fiscal year, with the intention that the 1996-1997 program be completed as soon as possible. I recommend continuing to fund the program at the $25,000 cap in 1997-1998. Therefore, the total amount budgeted for 1997-1998 salary incentive/performance award program is $50,000, representing two years of funding for the program. I will be returning to the Board for approval of the proposed Performance Award Program once the program has been reviewed with staff. Prepared by: Craig Britton, General Manager Jean Fiddes, Administrative Services Manager John Escobar, Operations Supervisor Malcolm Smith, Public Affairs Manager Del Woods, Senior Planner Bunny Congdon, Accounting Specialists Contact person: Craig Britton, General Manager Budget Category EXPENDITURES Debt Service Principal SUBTOTAL Salaries MIDPENINSULA REGIONAL OPEN SPACE DIST. PRELIMINARY BUDGET BY PROGRAM 1997-1998 (Dollars) ro) Acquisition Planning Operdions Public Maks Administrdbn TOTALS Program Program Program Program Program (MI Programs) 4,533,650 4,533,650 1,445,950 1,445,950 5,979,600 5,979,600 a) Gam Mgr.Appointses 71,450 329,600 1,531,750 236,450 297,450 2,466,700 b) Salary InoentIve Awards 50,000 50,000 c) General Manager 95,350 95,350 d) Legal Counsel e) Controller Directors' Fees SUBTOTAL 44,000 44,000 9,500 9,500 16,750 71,450 383,650 46,000 98,050 615,900 27,000 27,000 88,200 401,050 1,915,400 282,450 621,350 3,308,450 Budget Category SERVICES & SUPPLIES MIDPENINSULA REGIONAL OPEN SPACE DA, PRELIMINARY BUDGET BY PROGRAM 1997-1998 (Dollars) (c) Acquisition Planning Operations Public Affairs Administration TOTALS Program Program Program Program Program (All Programs) Legal Services 1,000 3,000 10,000 14,000 Regular Outside Services 0 1,000 25,700 5,900 32,600 Land Option Fees 5,000 5,000 Contract Services 29,000 101,000 8,500 26,250 38,500 203,250 Election/Annexation Library and Subcriptions 200 800 400 1,700 2,700 5,800 Film & Developing 600 500 Rents and Leases 7,000 3,000 10,000 Utilities 18,950 29,100 45,100 93,150 Postage 200 550 61,000 12,500 74,250 Printing end Duplicating 350 3,000 1,000 3,800 24,500 32,650 Insurance 47,500 84,600 60,400 192,500 Advertising 2,000 2,000 1,000 1,000 3,000 9,000 Mape and Aerials 1,050 900 1,950 Private Vehicle Expense 1,200 6,000 800 1,700 4,500 14,000 District Vehicle Expense 141,000 141,000 Business Meeting Expense 600 800 600 4,550 2,200 8,550 Personnel Development 2,300 4,900 21,700 5,975 31.250 66,125 Maint/Repair Equipment 200 18,900 1,500 20,600 Operating Expenses -Distal 12,300 12,300 Computer Expeneee 2,500 500 250 5,900 9,150 Office Supplies/Sml Equip. 200 1,200 1,700 450 7,300 10,850 Field Supplies/Smi Equip. 42,000 42,000 Outside MaintServices 50,600 114,000 17,300 181,900 Property Taxes & Permits 4,000 4,000 0 CommPublications Comm. Special Pro ecfs Volunteer Program Miscellaneous SUBTOTAL 133,550 20,800 133,550 20,800 11,800 11,800 100 200 100 400 172,550 125,250 505,800 273,025 275,650 1,351,175 Budget Category FIXED ASSETS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PREUMINARY BUDGET BY PROGRAM 1997-1996 (mss) 01) Acquisition Planning Operations Public Affairs Administration TOTALS Program Program Program Program Program (AN Programs) Pn r iorn Land Commitment 303,000 303,000 New Land Purchases 12,700,000 12,700,000 Appraiser 25,000 25.E Site Acquisition Expense 1,000 1,000 Legal Fees 100,000 100,000 Site Engineering 10,000 10,000 Option Fees 15,000 15,000 Structures & knprovements 1,000 986,800 7,000 994,800 Field Equipment 76,500 76,500 Office Equipment 2,000 4,000 2,100 600 6,300 15,000 Vehicles SUBTOTAL TOTAL OF ALL EXPENDITURES 52,000 52,000 13,157,000 990,800 130,600 800 13,300 14,292,300 19,397,350 1,517,100 2,551,800 556,075 910,300 24,932,625 TOTAL EXPENDITURES EXCLUDING LAND AND DEBT SERVICE 414,750 1,517,100 2,551,800 556,075 910,300 5,950,025 R-97-39 Meeting 97-07 March 12, 1997 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AGENDA 1'l'EM Controller's Report on the Proposed Fiscal Year 1997-1998 Budget DISCUSSION The following cash projection shows the impact of the proposed fiscal year 1997-1998 budget on the District's cash position. The District will begin the new fiscal year with estimated cash balances totaling $19.1 million. Approximately $5.4 million of this cash is not available to meet operating needs as it represents the reserve requirements of our outstanding public notes. Overall projected income is adequate to cover budgeted debt service, operating expenses, preserve development, reserve requirements, and some $13.0 million for new land acquisition. As shown in the attached monthly cash flow projection, no cash flow problems are anticipated. ANNUAL CASH FLOW PROJECTION FISCAL YEAR 1997-1998 BUDGET ($Thousands) Beginning Cash Balance 19,075 Plus: Tax Revenue 11,160 Grant Income 886 Interest Income 845 Rental Income 593 Other Income 50 Total Income 13,534 Minus: Capital Improvements 812 Facilities Costs 175 Operating Expenses 4,963 Debt Service 5,980 Land Purchases 13,003 Total Expenditures 24,933 Ending Cash Balance 7,676 Income 1. Tax Revenue is budgeted at $11.2 million (68% from Santa Clara County and 32% from San Mateo County). This assumes continued improvement in real estate activity and no change in state funding formulas. This District budget assumes that current secured taxes, in the tax year ending June 1998, will increase 4.5% in Santa Clara County (up from 3.5% in 1996-1997) and 4.5% in San Mateo County (up from 4.3% in 1996-1997). There is a reasonable probability that tax revenue growth in Santa 330 Distel Circle Los Altos, CA 94022-1404 Phone: 415-691-1 200 FAX: 415-691-0485 m E-mail: mrosdrropenspace.org " Web site: www.openspace.org Board ector:: Pete Siemens, Mary C. Davey, led Cyr, David T. Smernott, Nonette Hanko, Betsy Crowder, Kenneth C. Nitz 4 General Alanager: C Craig Bri Clara County will be as high as 6-7%. 2. Grant Income is projected at $886,000, $688,000 tied to five specific potential land purchases and $198,000 for preserve development. 3. Interest Income is projected at $845,000, assuming average investment rates of 6.5% on reserve funds and 5.5% on general funds. 4. Rental Income is budgeted at $593,000, including $58,000 from sublease of excess space in the Distel Circle building. 5. Other Income (estimated at $50,000), includes various reimbursements, joint preserve development projects, fines, subscriptions, other fees, and cash donations. Debt Capacity and Financing At the end of March 1997, the District will have bonded indebtedness equal to approximately 85% of its debt limit. After making principal repayment in 1997-1998, the District bonded indebtedness would be about 82% of the projected March, 1998 debt limit. No new long- term financing is planned in 1997-1998. Assuming tax revenue growth at 4%/year and expense growth at 6%/year, the District could support an additional $6 million in long-term debt. Such a potential issue is included in the projection for the 1998-1999 Fiscal year. Debt Service Current debt outstanding requires $6.0 million of debt service payments in 1997-1998. Other Expenditures 1. Capital Improvements: The budget includes $812,000 for major preserve development projects. This compares to 1996-1997 spending of approximately $380,000. 2. Facilities Costs: The budget assumes investment of $175,000 in facility improvements. This compares to 1996-1997 spending of approximately $440,000. 3. Operating Expenses are budgeted at $4.96 million, up about 14% from the 1996-1997 estimated spending level. This compares to a 3% increase in 1996-1997 over 1995- 1996 operational spending. The budgeted increase breaks down as follows: Salaries and Benefits: 11%, Service and Supplies: 11%, Fixed Assets: 78%. 4. Land Purchases are projected at $13.0 million. Reserves If all revenues, expenditures and debt operations occur as budgeted, the District's cash balances would total $7.7 million at the end of the coming fiscal year. This would be some $2.3 million more than required to meet the reserve requirements of outstanding public debt, and would adequately fund the first portion of fiscal year 1998-1999. Long -Term Cash Projections: Also attached is a long-term cash flow projection covering the period 1996-2005. The key assumptions are 6% per year growth in operating expenses and 4% per year growth in tax revenue (after 1997-1998), no proceeds from sale of surplus R-97-39 Page 3 property, about $650,000 per year of major capital improvements and completion of the projected 1998 financing. The major conclusion, given these assumptions, is that the District would have approximately $20 million to spend on new land purchases over the next three years and would then be out of land acquisition funding. Prepared by: Michael L. Foster, Controller Contact person: Same as above MROSD MONTHLY CASH FLOW BUDGET 1997- 98 3/9/97 ($Thousands) BEGINNING CASH TAX REVENUE GRANT RECEIPTS INTEREST INCOME OTHER INCOME TOTAL REVENUE CASH EXPENSES FACILITIES CAPITAL PROJECTS DEBT SERVICE OPERATING CASH FLOW DEBT ISSUES (NET) LAND PURCHASES ENDING CASH RESERVE FUNDS NOTE FUNDS AVAILABLE CASH APR MAY JUNE JULY AUG SEP OCT NOV DEC JAN -MAR TOTAL 19075 21309 20919 21118 17995 15518 13797 13949 13344 17178 19075 2662 300 500 125 5 5 1450 650 4150 1313 11160 260 60 50 300 216 886 125 125 150 125 90 80 150 845 50 50 50 50 50 50 50 50 50 193 643 2712 735 675 235 205 180 1550 1090 4280 1872 13534 -400 -400 -400 -400 -400 -400 -400 -400 -400 -1363 -4963 -15 -15 -15 -15 -15 -15 -15 -15 -15 -40 -175 -60 -60 -60 -60 -60 -60 -60 -30 -30 -332 -812 -3 -1 -563 -2019 -1123 -3 -1 -2267 -5980 2234 260 199 -803 -2289 -1418 1072 645 3834 -2130 1604 0 -650 -2320 -188 -303 -920 -1250 -7372 -13003 21309 20919 21118 17995 15518 13797 13949 13344 17178 7676 7676 5364 3692 12253 5364 3692 11863 5364 3692 12062 5364 3129 9502 5364 1122 9032 5364 0 8433 5364 0 8585 5364 0 7980 5364 2224 9590 5364 0 2312 MROSD LONG-TERM CASH FLOW PROJECTION 3/9/97 ($Thousands) FISCAL YEAR: BEGINNING CASH TAX REVENUE GRANT RECEIPTS JOINT PROJECTS/SALES INTEREST INCOME OTHER INCOME TOTAL REVENUES OPERATING EXPENSES FACILITIES COSTS MAJOR IMPROVEMENTS CURRENT DEBT SERVICE NEW DEBT SERVICE TOTAL EXPENSES OPERATING CASH FLOW LAND CONTRACTS NET PROCEEDS LAND PURCHASES ENDING CASH REQUIRED RESERVES AVAILABLE CASH CUMM NEW LAND 6%/YR EXPENSE GROWTH, CAPITAL SPENDING PER C.I.P, 4% TAX GROWTH 96-97 97-98 98-99 99-00 00-01 01-02 02-03 03-04 04-05 TOTAL 7056 19075 7676 8277 7623 7755 7976 7976 7525 7056 11246 11160 11606 12071 12553 13056 13578 13578 14121 112969 194 886 650 200 200 200 200 200 200 2930 600 600 770 845 430 430 430 430 430 430 430 4625 633 643 705 726 748 770 793 817 842 6678 13443 13534 13391 13427 13931 14456 15001 15025 15593 127802 4361 4963 5261 5576 5911 6266 6642 6642 7040 52661 439 175 100 300 300 200 1514 381 812 650 650 650 650 650 650 650 5743 5152 10333 5980 11930 6442 188 6529 375 6563 375 6610 710 7150 710 6665 710 6714 710 57805 3778 121501 12641 13130 13799 14236 15452 14667 15314 3110 1604 751 296 132 220 -450 359 279 6301 -8676 -8676 18422 5850 24272 837 13003 6000 950 500 21290 19075 5364 7676 5364 8277 5832 7623 5832 7755 5832 7976 5832 7525 5832 7834 5832 _ 7804 5832 13711 2312 13003 2445 19003 1791 19953 1923 19953 2144 19953 1693 19953 2002 20453 1972 20453 Budget Category REVENUES MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PRELIMINARY BUDGET BY PROGRAM 1997-1998 (Dollars) (a) Acquisition Planning Operations Public Affairs Administration TOTALS Program Program Program Program Program (All Programs) Tax Revenue 11,160,000 11,160,000 Grant Income 888,000 198,000 886,000 Interest Income 845,000 845,000 Rental Income Other Income TOTAL INCOME 593,000 593,000 50,000 50,000 1,281,000 198,000 0 0 12,055,000 13,534,000 INCREASE IN RESERVES (11,398,625) Budget Category EXPENDITURES Debt Service Interest Principal SUBTOTAL MIDPENINSULA REGIONAL OPEN SPACE DIS T PRELIMINARY BUDGET BY PROGRAM 1997-1996 (Dolena) (b) Aoquieition Planing Operations Public Main Administration TOTALS Program Program Program Program Program (AN Programs) 4,533,650 4,533,850 1,445,950 1,445,950 5,979,600 5,979,600 a) Gen.Mgr.AppoinWs 71,450 329,600 1,531,750 236,450 297,450 2,466,700 b) Salary Incentive Awards 50,000 50,000 c) General Manager 95,350 95,350 d) Legal Counsel e) Controller Benefits Directors' Fees SUBTOTAL 44,000 44,000 9,500 9,500 16,750 71,450 383,650 46,000 98,050 615,900 27,000 27,000 88,200 401,050 1,915,400 282,450 621,350 3,308,450 Budget Category SERVICES & SUPPLIES MIDPENINSULA REGIONAL OPEN SPACE MS T PREUMINARY BUDGET BY PROGRAM 1997-1998 (mss) (c) Acquisition Planning Operations Public Affairs Administration TOTALS Program Program Program Program Program (MI Programs) Legal Services 1,000 3,000 10,000 14,000 Regular Outside Services 0 1,000 25,700 5,900 32,600 Land Option Fees 5,000 5,000 Contract Services 29,000 101,000 8,500 26,250 38,500 203,250 Election/Annexation 0 Library and Subcriptiona 200 800 400 1,700 2,700 5,800 Film & Developing 600 500 Rents and Leases 7,000 3,000 10,000 Utilities 18,950 29,100 45,100 93,150 Postage 200 550 61,000 12,500 74,250 Printing and Duplicating 350 3,000 1,000 3,800 24,500 32,650 Insurance 47,500 84,600 60,400 192,500 Advertising 2,000 2,000 1,000 1,000 3,000 9,000 Maps and Aerials 1,050 900 1,950 Private Vehicle Expense 1,200 6,000 600 1,700 4,500 14,000 District Vehicle Expense 141,000 141,000 Business Meeting Expense 600 600 600 4,550 2,200 8,550 Personnel Development 2,300 4,900 21,700 5,975 31,250 66,125 Maint/Repair Equipment 200 18,900 1,500 20,600 Operating Expenses -Distal 12,300 12,300 Computer Expenses 2,500 500 250 5,900 9,150 Office Supplies/Sml Equip. 200 1,200 1,700 450 7,300 10,850 Field Supplies/Sml Equip. 4Z000 42,000 Outside MaintServitee 50,600 114,000 17,300 181,900 Property Taxes & Permits 4,000 4,000 Comm. Publications 133,550 133,550 Comm. Special Projects 20,800 20,800 Volunteer Program 11,800 11,800 Miscellaneous SUBTOTAL 100 200 100 400 172,550 125,250 505,800 273,025 275,650 1,351,175 Budget Category FD(ED ASSETS MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PRELIMINARY BUDGET BY PROGRAM 1997-1998 (Dollars) (d) Acquisition Planning Operations Public Affairs Administration TOTALS Program Program Program Program Program (All Programs) Previous Land Commitment 303,000 303,000 New Land Purchases 12,700,000 12,700,000 Appraiser 25,000 25,000 Site Acquisition Expense 1,000 1,000 Legal Fees 100,000 100,000 Site Engineering 10,000 10,000 Option Fees 15,000 15,000 Structures & Improvements 1,000 986,800 7,000 994,800 Field Equipment 76,500 76,500 Office Equipment 2,000 4,000 2,100 600 6,300 15,000 Vehicles SUBTOTAL TOTAL OF ALL EXPENDITURES 52,000 52,000 13,157,000 990,800 130,600 600 13,300 14,292,300 19,397,350 1,517,100 2,551,800 556,075 910,300 24,932,825 TOTAL EXPENDITURES EXCLUDING LAND AND DEBT SERVICE 414,750 1,517,100 2,551,800 556,075 910,300 5,950,025 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-97-27 Meeting 97-07 March 12, 1997 AGENDA ITEM Appointment of Auditor for 1996-1997 Fiscal Year CONTROLLER'S RECOMMENDATION Appoint Grant Thornton as the District's auditors for the fiscal year 1996-1997. DISCUSSION Last year, the District appointed Grant Thornton as auditors for fiscal year 1995-1996. Grant Thornton performed its services in a competent manner and I recommend the firm be retained for the second year of its three year commitment. The fee will be $9,300, up $300 from last year. Prepared by: Michael L. Foster, Controller ) L� Contact person: Same as above 330 Distel Circle's Los Altos, CA 94022-1404 Phone: 415-691-1200 FAX: 4'15-691-0485 E-mail: mrosd@openspace.org Web site: www.openspace.ar8 Board of Directors: Pete Siemens, Mary C. Davey, Jed Cyr, David T. Smernot`t, Nonage Hanko, Betsy Crowder, Kenneth C. Nitz ® Gerard Manager: L Craig Brittui Claims No. 97-06 Meeting 97-07 Date: March 12, 1997 # Amount MIDPENINSULA REGIONAL OPEN Name SPACE DISTRICT Description 1723 1724 1725 1726 1727 1728 1729 1730 1731 1732 1733 1734 1735 1736 1737 1738 1739 1740 1741 1742 1743 1744 1745 1746 1747 1748 1749 1750 1751 1752 1753 1754 1755 1756 1757 1758 1759 1760 1761 1762 1763 1764 1765 1766 176.71 219.82 123.00 292.19 222.17 225.00 1,260.00 86.70 182.03 24.21 28.61 129.30 1,550.00 9,808.93 198.94 46.22 77.15 140.00 93.37 385.32 1,050.00 301.65 333.05 50.00 692.90 162.76 1,012.50 50.00 11.00 50.01 624.90 59.54 27.95 176.34 119.13 77.95 1,464.21 168.68 25.00 211.89 67.09 136.37 120.00 851.55 A-1 Sanitation Acme & Sons Sanitation ADT Security Systems All Laser Service All Premium Sportswear • 1 All Premium Sportswear Anderson Pacific Randy Anderson Artech Laminating AT&T Baron Park Supply Company Big Creek Lumber Louis Bordi, General Engineering Brian, Kangas, Foulk Engineering Carleen Bruins California Chamber of Commerce California Water Service Camino Health Care Carolina Biological Supply Continuing Education of the Bar Sheryl Marioni Cochran Annette Coleman Communication & Control Mabel Crittenden Cupertino Medical Center Dennis Danielson Davey Tree Chris DiLeonardo Exceed Forestry Suppliers Inc. Fry's Electronics Gardenland Power Equipment G & K Services Gilroy Motorcycle Center Goodyear Auto Service Center GTE Mobilnet Habitat Restoration Group Helen Hancock Dianne Hunt Interstate Traffic Control Products Jodi Isaacs Kaiser Cement Corporation Killroy Pest Control Lanier Urgent Check Issued March 4, 1997 Sanitation Services Sanitation Services Security Services Laser Printer Cartridges and Cleaning Volunteer Crew Leader T-shirts Volunteer T-shirts Weeks Road Repairs Reimbursement -Vehicle Expense Laminated VTP Parking Tags & Supplies Telephone Service Water Line Repair -- Nature Center Fencing Materials -Rancho de Guadalupe Grading of Skyline Ranger Yard Engineering Services - Teague Hill Reimbursement --Nature Center Supplies Employee Posters Water Service Medical Services Science Equipment -- Nature Center CD-ROM User Subscription Consulting Services Reimbursement --Office Supplies Utilities -- Mt. Umunhum Docent Training Medical Services Reimbursement --Field Supplies Enterprise Rental Maintenance Docent Training Uniform Accessories Tags -- Tree Planing Project Computer Software Field Supplies Shop Equipment ATV Parts Tire Repair Cell Phone Service Revegetation Consulting Service Costume -- Nature Center Program Docent Training Road Barricades Vehicle Expense Baserock Pest Removal Services Copier Lease & Toner Page 1 Claims No. 97-06 Meeting 97-07 Date: March 12, 1997 Amount MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Name Description 1767 1768 1769 1770 1771 1772 1773 1774 1775 1776 1777 1778 1779 1780 1781 1782 1783 1784 1785 1786 1787 1788 1789 1790 1791 1792 1793 1794 1795 1796 1797 1798 1799 1800 1801 1802 1803 1804 1805 1806 1807 1808 1809 56.38 414.60 279.58 500.00 1,420.00 262.91 134.08 140.00 425.00 202.24 126.14 48.49 45.00 333.19 214.50 45.00 262.62 6.20 60.00 200.00 231.94 832.07 180.49 4,250.00 695.21 2,500.00 13.48 122.40 90.27 1,542.58 3,159.00 100.00 618.23 223.82 80.00 185.58 1,382.50 540.40 7,293.00 123.34 75.32 •4 112.50 389.12 Lexington Quarry Los Altos Garbage Lucent Technologies Marilyn Manning Ph.D. Mayne Tree Expert Company McGrath Rentcorp Paul McKowan Metro Mobile Communications Micro Accounting Solutions Moffett Supply Monogram Sanitation Mountain View Garden Center Roger Myers National Glass National Safety Council Joyce Nicholas Pacific Bell City of Palo Alto Utilities •2 PCLF Foundation Pearson Automobile Company Peninsula Blueprint, Inc. Pine Cone Lumber Company PIP Printing Popish Appraisal & Consulting QSP Printing Rana Creek Ranch .3 Rancho Ace Hardware Rancho Cobbler & Cleaners Repo Depo R & R Designers Rich Voss Trucking Roy's Repair Service Russ Enterprises RV Cloud Company Sacramento Area Chapter Amer. Red Cross Safety-Kleen Jane Saltman David Sanguinetti Scribner Graphic Press Sears Second Cup Sequoia Analytical Signs of the Times •2 Urgent Check Issued February 28, 1997 Urgent Check Issued March 03, 1997 •4 Urgent Check Issued March 05, 1997 •3 Baserock Garbage Service AT&T Maintenance Team Facilitation Inspecting of Tree Cutting--Thornewood Skyline Office Rental Reimbursement --Volunteer Supplies Vehicle Service Computer Consulting Services Sanitation Supplies Sanitation Services Sand Docent Training Vehicle Repairs Subscription Docent Training Telephone Service Utility Service Out of Town Business Meeting Vehicle Service Reproduction Service Hardware Supplies Reproduction Service Appraisal Service Reproduction Service Consulting Service --Russian Ridge Grassland Study Hardware Supplies Repair Fire Bag Zippers Office Supplies Enterprise Rental Repairs Trucking Service Vehicle Maintenance & Repairs Fire Lane Signs and Hardware Plumbing Repair Service HIV/AIDS Update Class Restroom Chemicals Planning Consultant--FEMA Projects Reimbursement --Office Supplies Spring Newsletter Printing Miscellaneous Small Tools Local Business Meeting Skyline Water System Testing Trail Signs Page 2 Claims No. 97-06 Meeting 97-07 Date: March 12, 1997 Amount MIDPENINSULA REGIONAL OPEN Name SPACE DISTRICT Description 1810 100.90 1811 1,713.38 1812 57.25 1813 1,959.97 •5 1814 2,348.61 1815 77.58 1816 39.99 1817 1,066.73 1819 150.40 1820 35.00 1821 66.30 1822 30.00 1823 77.49 1824 144.55 1825 79.00 1826 128.11 1827 300.00 1828 11.30 TOTAL 61,417.88 Skyline County Water District Smith Equipment Malcolm Smith Something Special Catering Stevens Creek Quarry Summit Uniforms Tearney & Tearney Teater & Etc. David Topley UC Regents University Art Center Volunteer Center M. Douglas Vu Bob Weyant Associates Wildflower Productions Mike Williams Roberta Wolfe Yardbird Equipment *5 Urgent Check Issued March 7, 1997 Water Service Mower Parts Reimbursement --Snacks for Kids Art Catering Services -- Kids Art Baserock Uniform Allowance Resource Documents Map and Sign Graphics Service Professional Conference Expense Resource Documents Office Supplies Volunteer Workshop Vehicle Expense Reference Books Topo-San Francisco Bay Area Vehicle Expense Recording Services Equipment Parts Page 3 Claims No. 97-06 Meeting 97-07 Date: March 12, 1997 Revised Amount MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Name Description 1723 176.71 16671 1724 219.82 1725 123.00 1726 292.19 1727 222.17 1728 225.00 •1 1729 1,260.00 1730 86.70 1731 182.03 1732 24.21 1733 20€1 30.83 1734 123.30 95.18 1735 1,550.00 1736 3,000.03 20, 646.62 198.94 46.22 1737 1738 1739 1740 1741 1742 1743 1744 1745 1746 1747 1748 1749 1750 1751 1752 1753 1754 1755 1756 1757 1758 1759 1760 1761 1762 1 77.75 140.00 93.37 385.32 1,050.00 301.65 333.05 50.00 692.90 162.76 1,012.50 50.00 11.00 50.01 624.90 59.54 27.95 176.34 119.13 77.95 1,464.21 168.68 25.00 211.89 A-1 Sanitation Acme & Sons Sanitation ADT Security Systems All Laser Service All Premium Sportswear All Premium Sportswear Anderson Pacific Randy Anderson Artech Laminating AT&T Barron Park Supply Company Big Creek Lumber Louis Bordi, General Engineering Brian, Kangas, Foulk Engineering Carleen Bruins California Chamber of Commerce California Water Service Camino Health Care Carolina Biological Supply Continuing Education of the Bar Sheryl Marioni Cochran Annette Coleman Communication & Control Mabel Crittenden Cupertino Medical Center Dennis Danielson Davey Tree Chris DiLeonardo Exceed Forestry Suppliers Inc. Fry's Electronics Gardenland Power Equipment G & K Services Gilroy Motorcycle Center Goodyear Auto Service Center GTE Mobilnet Habitat Restoration Group Helen Hancock Dianne Hunt Interstate Traffic Control Products Urgent Check Issued March 4, 1997 Sanitation Services Sanitation Services Security Services Laser Printer Cartridges and Cleaning Volunteer Crew Leader T-shirts Volunteer T-shirts Weeks Road Repairs Reimbursement --Vehicle Expense Laminated VTP Parking Tags & Supplies Telephone Service Water Line Repair -- Nature Center Fencing Materials -Rancho de Guadalupe Grading of Skyline Ranger Yard Engineering Services - Teague Hill Reimbursement --Nature Center Supplies Employee Posters Water Service Medical Services Science Equipment -- Nature Center CD-ROM User Subscription Consulting Services Reimbursement --Office Supplies Utilities -- Mt. Umunhum Docent Training Medical Services Reimbursement --Field Supplies Enterprise Rental Maintenance Docent Training Uniform Accessories Tags -- Tree Planing Project Computer Software Field Supplies Shop Equipment ATV Parts Tire Repair Cell Phone Service Revegetation Consulting Service Costume -- Nature Center Program Docent Training Road Barricades Page 1 Claims No. 97-06 Meeting 97-07 Date: March 12, 1997 Revised Amount MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Name Description 1763 --67.00- 400.68 1764 136.37 1765 120.00 1766 851.55 1767 C6.311 1768 414.00- 850.99 1769 279.58 1770 500.00 1771 1,420.00 1772 262.91 1773 134.08 1774 140.08 1775 425.00 1776 202.24 1777 126.14 1778 48.49 1779 45.00 1780 333.19 1781 214.50 1782 45.00 1783 X2.32 303.94 1784 6.20 1785 60.00 1786 200.00 1787 231.94 1788 832.07 1789 180.49 1790 4,250.00 1791 CE5.21 1642.33 1792 2,500.00 1793 1794 1795 1796 1797 1798 1799 1800 13.48 122.40 90.27 1,542.58 3,159.00 627.00 618.23 223.82 Jodi Isaacs Kaiser Cement Corporation Killroy Pest Control Lanier -L-€ mingterr-Q Los Altos Garbage Lucent Technologies Marilyn Manning Ph.D. Mayne Tree Expert Company McGrath Rentcorp Paul McKowan Metro Mobile Communications Micro Accounting Solutions Moffett Supply Monogram Sanitation Mountain View Garden Center Roger Myers National Glass National Safety Council Joyce Nicholas Pacific Bell City of Palo Alto Utilities *2 PCLF Foundation Pearson Automobile Company Peninsula Blueprint, Inc. Pine Cone Lumber Company PIP Printing Popish Appraisal & Consulting QSP Printing *3 Rana Creek Ranch Rancho Ace Hardware Rancho Cobbler & Cleaners Repo Depo R & R Designers Rich Voss Trucking Roy's Repair Service Russ Enterprises RV Cloud Company *2 Urgent Check Issued February 28, 1997 *3 Urgent Check Issued March 03, 1997 Vehicle Expense Baserock Pest Removal Services Copier Lease & Toner Baserock Garbage Service AT&T Maintenance Team Facilitation Inspecting of Tree Cutting--Thornewood Skyline Office Rental Reimbursement --Volunteer Supplies Vehicle Service Computer Consulting Services Sanitation Supplies Sanitation Services Sand Docent Training Vehicle Repairs Subscription Docent Training Telephone Service Utility Service Out of Town Business Meeting Vehicle Service Reproduction Service Hardware Supplies Reproduction Service Appraisal Service Reproduction Service Consulting Service --Russian Ridge Grassland Study Hardware Supplies Repair Fire Bag Zippers Office Supplies Enterprise Rental Repairs Trucking Service Vehicle Maintenance & Repairs Fire Lane Signs and Hardware Plumbing Repair Service Page 2 Claims No. 97-06 Meeting 97-07 Date: March 12, 1997 Revised Amount MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Name Description 1801 1802 1803 1804 1805 1806 1807 1808 1809 1810 1811 1812 1813 1814 1815 1816 1817 1819 1820 1821 1822 1823 1824 1825 80.00 185.58 49.08 1,382.50 540.40 4,4084* 7,343.00 123.34 75.32 !4 112.50 389.12 100.90 1,713.38 57.25 1,959.97 2,348.61 77.58 39.99 1,066.73 150.40 35.00 66.30 30.00 77.49 144.55 --704)0- 91.12 128.11 300.00 11.30 7,200.00 53.34 53.72 326.18 .5 Sacramento Area Chapter Amer. Red Cross Safety-Kleen Jane Saltman David Sanguinetti Scribner Graphic Press Sears Second Cup Sequoia Analytical Signs of the Times Skyline County Water District Smith Equipment Malcolm Smith Something Special Catering Stevens Creek Quarry Summit Uniforms Tearney & Tearney Teeter & Etc. David Topley UC Regents University Art Center Volunteer Center M. Douglas Vu Bob Weyant Associates Wildflower Productions 1826 Mike Williams 1827 Roberta Wolfe 1828 Yardbird Equipment 1829R United States Postal Service 1830R *6 Second Cup 1831R Cheryl Solomon 1832R Petty Cash TOTAL 81,777.25 '4 Urgent Check Issued March 05, 1997 *5 Urgent Check Issued March 7, 1997 6 Urgent Check Issued March 10, 1997 HIV/AIDS Update Class Restroom Chemicals Planning Consultant--FEMA Projects Reimbursement --Office Supplies Spring Newsletter Printing Miscellaneous Small Tools Local Business Meeting Skyline Water System Testing Trail Signs Water Service Mower Parts Reimbursement --Snacks for Kids Art Catering Services -- Kids Art Baserock Uniform Allowance Resource Documents Map and Sign Graphics Service Professional Conference Expense Resource Documents Office Supplies Volunteer Workshop Vehicle Expense Reference Books Topo-San Francisco Bay Area Vehicle Expense Recording Services Equipment Parts Postage Local Business Meeting Reimbursement —Volunteer Supplies Film and Developing, Local Business Meetings, Map Supplies, Nature Center Supplies and Training Expense Page 3 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: Jean H. Fiddes, District Clerk DATE: March 12, 1997 SUBJECT: FYI 330 Distel Circle m Los Altos, CA 94022-1404 Phone: 415-691-1200 FAX: 415-691-0485 E-mail: mrosd@openspace.org Web site: www.openspace.org Board of Directors: Pete Siemens, Mary C. Davey, Jed Cyr, David T. Smernoff, Nonette Hanko, Betsy Crowder, Kenneth C. Nitz General Manager. L Crai Britton TOWN OF PORTOLA VALLEY 765 Porto/a Road, Portola Valley, CA 94028 MEMORANDUM TO: Upper Alpine Road Residents FROM: Betty Irvine, Town Engineer DATE: March 4, 1997 RE: Update — Alpine Road Slide Repair Project, Site 1 Since the heavy storms in January, the project engineers have re -surveyed Site 1 and prepared a revised basemap showing the new limits of the slide. The Town Geologist is using this map to evaluate the slide and make design recommendations based on the site conditions. Using this information the engineers will prepare revised construction drawings, a cost estimate, and prepare a new map and description of the larger easement area. The easements will then be reviewed and approved by the Town and the Open Space District. We hope that all this can be done by the end of March, which will still leave enough time to bid the project and complete construction this summer. If you have any questions or comments, please feel free to call me at 851-1700, extension 14. CC: Town Council Sandy Sloan, Town Attorney Susan Whelan, CAO\Clerk Joe Fil, Public Works Committee