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HomeMy Public PortalAbout19970326 - Agenda Packet - Board of Directors (BOD) - 97-08 Regional Open ce _ . . . .. .. . • 1 1 . MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-08 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS AGENDA* 6:45 P.M. 330 Distel Circle Wednesday Los Altos, California March 26, 1997 (6:45) ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS CLOSED SESSION The Closed Session will begin at 6:45 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 Nep-otiations - 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 Legal Counsel - Anticipated Litigation - Government Code Section 54956.9(c) Initiation of litigation: One Potential Case (7:30) REGULAR MEETING OF THE BOARD OF DIRECTORS ** ORAL COMMUNICATIONS -- Public ADOPTION OF AGENDA *** ADOPTION OF CONSENT CALENDAR -- M. Davey *** APPROVAL OF MINUTES March 12, 1997 (Consent Item) *** WRITTEN COMMUNICATIONS (Consent Item) 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 Meeting 97-08 Page 2 BOARD BUSINESS *** 1. Adoption of Resolution Supporting Senate Bill 1048 to Fully Define the Bay Area Program of the California Coastal Conservancy -- C. Britton *** 2. Adoption of Resolution Supporting a Ten Million Dollar ($10,000,000) Federal Appropriation from the Land and Water Conservation Fund to Assist With the Acquisition Cost of Bair Island by Peninsula Open Space Trust -- C. Britton (7:45) 3. Adoption of Five-Year Planning Work Program for District Preserves and Facilities -- D. Woods (7:55) 4. Adoption of the 1997-1998 Action Plan for the Implementation of the Basic Policy of the Midpeninsula Regional Open Space District -- C. Britton (8:00) 5. Approval of Three-Year Memorandum of Agreement Between the District and Local 715, Service Employees International Union, AFL-CIO/CLC for District's Rangers, Open Space Technicians, Lead Open Space Technicians, Equipment Mechanic-Operators, and Farm Maintenance Worker -- S. Schectman Resolution Approving the Memorandum of Agreement Between the Midpeninsula Regional Open Space District and Local 715 Service Employees International Union, AFL-CIO/CLC (8:10) 6. Approval of 1997-1998 Salary and Benefit Adjustments for Office, Supervisory, and Management Staff-- C. Britton (8:20) 7. Approval of Property Management Agreements with City of Palo Alto for District Lands Adjacent to Foothills Park and City Lands Adjacent to Monte Bello Open Space Preserve; Tentative Adoption of the Preliminary Use and Management Plan; and Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act (CEQA) -- C. Britton (8:30) 8. Acceptance of 1997-1998 Insurance Premiums for District's Property and General Liability, Umbrella Liability, Automobile, Fidelity Bond, and Public Entity Errors and Omission Insurance Coverage -- J. Fiddes (8:35) 9. Approval of Budget for Fiscal Year 1997-1998 a) Administration and Budget Committee Report -- P. Siemens b) Staff Report -- C. Britton Resolution Adopting Budget for Fiscal Year 1997-1998 i Meeting 97-08 Page 3 *** 10. Approval of Annual Claims List, Including Debt Service Payments, for 1997- 1998 Fiscal Year -- J. Fiddes (8:45) 11. Tentative Adoption of an Amendment to the Preliminary Use and Management Plan for La Honda Creek to Change the Use of an Existing Mobile Home from a Caretaker Residence to an Employee Residence and the Associated Out Buildings for District Storage -- J. Escobar (8:50) 12. Authorization to Enter into Contract with Terratech, Inc. of San Jose for $43,000 to Provide Geotechnical Engineering Services in the Repair of Five Landslides and Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act (CEQA) -- M. de Beauvieres and R. Anderson (8:55) 13. Authorization to Hire Environmental and Horticultural Consultant to Undertake the Management Techniques Identified in the Russian Ridge Grassland Management Plan with a Budget of$38,000 in Fiscal Year 1997-1998; Authorization for the General Manager to Execute Contract with Consultant to Implement the Russian Ridge Grassland Management Plan; and Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act (CEQA) -- J. Isaacs *** 14. Approval of Conservation Easement Monitoring Agreement and Authorization for the General Manager to Execute an Easement Monitoring Agreement Between the District and Peninsula Open Space Trust -- C. Britton (9:00) 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 request that an item be removed ,from the Consent Calendar during consideration Qf the Consent Calendar. Regional Open .1c ce R-97-52 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-08 March 26, 1997 AGENDA ITEM Fiscal Year 1997-1998 Budget 1997 ADMINISTRATION AND BUDGET COMMITTEE'S RECOMMENDATION Accept the proposed 1997-1998 budget and the recommendations number 1-5 below. DISCUSSION The charge to the Committee was to review a proposed budget to determine whether it reflects a realistic view of projected income and the planned work program for the coming fiscal year, and follows the Board approved guidelines for operating expense growth and cap on capital improvements. These guidelines (established in 1994) include a 6% limit on operating expenses such as salaries, benefits, services, supplies, and equipment, as well as a yearly cap on capital improvement projects of$ 600,000. Special projects such as a one time mailing or a new field office may be excepted depending on financial conditions. The Committee met six times with various program managers and staff members to review budget items. The review included consideration of the Action Plan, the Five Year Work Program, the Five Year Equipment Schedule, and previous years' expenditures. The proposed budget for 1997-98 totals $25,014,825, including $5.05M for operating expenses and $810K for capital projects (not including field office work of$175K). Included in operating expenses is funding for cost of living adjustments for all staff except Board appointees (General Manager, Legal Counsel, Controller), and the special mailing of the visitor map. The Committee is comfortable recommending the proposed capital improvement budget because last year's projected costs added to this year's plans average under $600K per year; also nearly $300K of the 1997-98 work is covered by grants. The proposed operating expenses are 1% above the 6% growth guideline (using the 1994-95 budget as a base). The Committee looked particularly at the impact of the reorganization between the Operations and Public Affairs Departments, and the addition (actual plus proposed) of over four full time equivalent positions in these departments since the original 1996-97 budget was adopted. The blended increase for these departments is 7.3%. However, decreases in other departments' proposed operating expenses has kept us within 1% of the guideline for this year (even including the map mailing). In the past two years, the budget, as well as actual expenditures, have been 2-3% below the guideline so the Committee feels comfortable recommending this budget in terms of meeting the guidelines on 330 Distel Circle 0 Los Altos, CA 94022-1404 ° Phone:415-091-1200 FAX:415-691-0485# E-mail: iiirosci@ol)ensIDace.org openspace.org Web site:www.openspace.org fl Hoard of O ret tors:Pete Siemens,Mary C. Davey,Jed Cyr, David T.Srnernoft, Nonette F lanko, Betsy Crowder, Kenneth C. Nitz ° Generat,Vlanage r:L Craig Britton R-97-52 Page 2 an average basis. Controller Mike Foster expressed concern that we may be setting a precedent with the large increase from last years projected expenditures, so we need to look at future increases very carefully. Controller Mike Foster met with the Committee and presented a financial review of the 1996-97 year, a review of the 1996-97 tax revenue versus budget, the 1997-98 tax revenue estimate, and projections for revenue, debt service and cash flow. This information was subsequently presented to the Board. Of particular significance is the fact that our statutory debt limit increases by $8.8M allowing the District to issue, conservatively, an additional $6M in bonds this next year for land purchases. The Administration and Budget Committee recommends that the Board: 1) Accept the proposed 1997-98 Budget. 2) Carry over the unused 1996-97 authorized salary incentive award amount of$25000. The budget for 1997-98 is $50000 which includes this amount. 3) Direct the ad hoc General Manager Evaluation Committee to initiate a salary review and evaluation for the Board appointees (General Manager, Legal Counsel, Controller). 4) Review the 1996-97 actual versus budgeted expenditures after completion of the 1996-97 audit; mid-way through the fiscal year, review the 1997-98 budget and expenditure status, and meet with the Controller for a review of the District's financial status. 5) Later in the fiscal year, review with staff the process and criteria for meeting the target 6% maximum growth in the operating budget; develop a charting method to allow the Board to better visualize the operating budget and guideline, actual operating expenditures, and income growth over time. Prepared by: P. Siemens for the Administration and Budget Committee (Directors J. Cyr (Chair), K. Nitz, and P. Siemens) Contact person: Director Siemens Regional Open SjPce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-07 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS March 12, 1997 MINUTES I. ROLL CALL President Mary Davey called the Special Meeting to order at 6:30 P.M. Members Present: Mary Davey, David Smernoff, Betsy Crowder, Ken Nitz, Jed Cyr, Pete Siemens, and Nonette Hanko. Personnel Present: Sue Schectman, Jean Fiddes, John Escobar, and Deirdre Dolan. II. CLOSED SESSION M. Davey stated the Board would adjourn to Closed Session for the purpose of discussing Closed Session Agenda Items 1 and 3. The Board recessed to Closed Session at 6:32 P.M. and the Closed Session commenced at 6:32 P.M. The Board concluded the Closed Session at 7:10 P.M. and M. Davey called the Regular Meeting to order at 7:30 P.M. M. Davey said the Board had had a Special Meeting to discuss Closed Session Agenda Items 1 and 3, adding that no action was taken. Additional Personnel Present: Mary de Beauvieres, Malcolm Smith, Mike Foster, Randy Anderson, Mike Williams, Del Woods, and Carleen Bruins. III. ORAL COMMUNICATIONS Harry Haeussler, 1094 Highland Circle, Los Altos, asked that Board members speak into their microphones during meetings. IV ADOPTION OF AGENDA Motion: J. Cyr moved that the Board adopt the agenda. B. Crowder seconded the motion. The motion passed 7 to 0. V. ADOPTION OF CONSENT CALENDAR B. Crowder removed Agenda Item 1 and J. Fiddes removed Agenda Item 6. Motion: N. Hanko moved that the Board adopt the Consent Calendar, including minutes of the February 26, 1997 Special and Regular Meeting and the March 5, 1997, Special Meeting; Agenda Item 3, Tentative Adoption of the Proposed Amendments to the District's Public Notification Policy: Agenda Item 4, Denial of Claim for Proper y Damage Filed by Richard J. Bourke: Agenda Item 5, Adoption of Resolution Authorizing the California Public 130 Distel Circle b Los Altos, CA 94022-1404 Phone: 415-691-1200 FAX:415-691 0485 E-mail rrtrosdaopenspace.org Web site:www.openspace.org Board of Directors Pete Siemens,Mary C. Davev,led<vr, David T.Srmernoff, Nonette Hanko, Betsv Crowder, Kenneth C.Nitz I General Nlimiger:I.Craig Britton Meeting 97-07 0 0 Page 2 Em llooyees' Retirement System Pre-tax Payroll Deduction Plan for Service Credit Purchases. including adoption of Resolution No. 97-08. a Resolution of the Board of Directors of the Midveninsula Regional QRQn Snare District Authorizing California Public Employees' Retirement System Pre-Tax Payroll Deduction Plan for Service Credit Purchases (Contribution Code 14): Agenda Item 12, Agggintment of Grant Thornton as the District's Auditors for the Fiscal. Year 1996-1997 at Estimated Fee of$9.300; and Revised Claims 97-06. D. Smernoff seconded the motion. The motion passed 7 to 0. VI. BOARD BUSINESS A. Agenda Item No. 1 - Tentative Adoption of Use and Management Plan Amendment for Skyline Ridges Space Preserve to Construct Picnic Area for School Groups Parcip ing 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 CEOA - (ftgrt R-97-32) B. Crowder said she had no problem with installing the picnic tables, but would like an accounting sheet included in the packet each time there is additional spending for the Daniels Nature Center showing the total cost to the Nature Center to date from District funds and from gifts and grants. M. de Beauvieres presented an updated cost accounting and said the picnic tables are not exclusively for the Nature Center Program. She said the accounting does not include staff time. Staff will provide Board members with a printout of the report. B. Crowder stated for the record that she was not questioning the costs because she is not in favor of education, but has felt from the beginning of the program that it is not the District's responsibility. C. Bruins informed the Board that the spring program had started and it is already filled. Fourteen trained volunteers will be doing programs for 21 schools. N. Hanko thanked staff for their work on the program. Motion: B. Crowder moved that the Board determine that the proposed project is categorically exempt from the California Environmental Quality Act (CEQA) based on the findings contained in the staff report, and 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. P. Siemens seconded the motion. The motion passed 7 to 0. B. Agenda Item No. 2 - stance of R=11 on the District's 1995-1996 Legislative Program and Adoption of 1997-1998 Legislative Program - MogA R-97-31) M. Smith outlined the program, stating that efforts in support of SB 1408 (Sher, defining Bay Area Program within the State Coastal Conservancy) and AB 1366 (Lempert, transfer of easement rights for California Hiking and Riding Trail Program) Meeting 97-0 0 • Page 3 would take a significant amount of staff time. J. Cyr asked about the term "adverse possession" which appeared in Goal. 11 last year and Goal 12 this year. S. Schectman explained adverse possession, stating it is a technical property rights issue. On behalf of the Legislative and Finance Committee, N. Hanko said they had reviewed the report and given approval to staff s proposal. In regard to this year's Goal 5, M. Smith said that it will probably have no effect on the parts of the trail that are blocked. San Mateo County Parks and the District are selectively choosing which segments of the trail easements they would seek to acquire. They will also be asking for funding to implement those trails as part of the legislation. He said unless there is a very clear easement that has been documented, they would not try to acquire it. He said staff will check to see if the segment in Skylonda B. Crowder referred to is one they might want to acquire. In answer to H. Haeussler's question about who will pay for maintenance of trails acquired, M. Smith repeated that the legislation includes a request for state funding in the amount of$500,000 each for the District and the County. He said the District would take over management of the segments that are within District preserves. In regard to Goal 4, M. Smith said they are working with Sen. Thompson to get more money into the parks bond measure that would go into the Coastal Conservancy, earmarked for the Bay Area. The District could then seek grants from the Bay Area program within the Coastal Conservancy. M. Smith stated that in regard to federal Goal 3, the District is in the middle of finalizing the estimate on removal of the asbestos and lead-based paint and will be seeking initial information from federal legislators on how to proceed with this. Motion: P. Siemens moved that the Board accept the 1995-1996 legislative program report and adopt the 1997-1998 legislative program. J. Cyr seconded the motion. The motion passed 7 to 0. C. Agenda Item No. 6 - Authorization to Contract with Eugene R. Sheehan for $24.200 to Construct the Prospect Road Bypass Trail at Fremont Older Open Spm Preserve and Phase R Trail Improvements at El Corte de Madera Creek Omen Space Preserve - (R rt R-97-23) M. de Beauvieres pointed out that line four of Item (7)(a) on page 2 of the contract should be modified to read $500,000 (instead of one million dollars) for automobile liability insurance. Motion; D. Smernoff moved that the Board authorize the General Manager to enter into a contract with Eugene R. Sheehan for $24,000 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 Meeting 97-07 4r 0 Page 4 Space Preserve, with Item (7)(a) of the contract, first sentence, amended to change the amount of the automobile liability insurance from one million dollars to five hundred thousand dollars. B. Crowder seconded the motion. The motion passed 7 to 0. D. Agenda Item No. 7 - Authorization to Interview Prospective Consulting Firms to Provide Civil Engineer Services on Selected Budgeted Capital Improvement Projects During the 1997-1998 Fiscal Year - M rt R-97-37) R. Anderson reviewed staffs recommendation. Motion: P. Siemens moved that the Board authorize staff to interview prospective consultant firms to provide civil engineering services on selected budgeted capital improvement projects during the 1997-1998 fiscal year. B. Crowder seconded the motion. The motion passed 7 to 0. E. Agenda Item No. 8 - Tentative Approval of Use and Management Plan Amendment for Pulgas Ridge Q= 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 CEOA -(R=rt R-97-38) M. Williams outlined staff s recommendation, showed slides of the tower from several viewpoints, and described the size of the cabinets and antennae. He described the terms of the lease, and said he thinks the rent the District will receive is at the top of the range of what other agencies are getting. He said the lessees are responsible for maintenance. Motion: P. Siemens moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act (CEQA) as set forth in the staff report, tentatively adopt the amendment to the Pulgas Ridge Open Space Preserve Use and Management Plan contained in the report to permit a telecommunication facility to be placed on an existing Pacific Gas and Electric transmission tower, and indicate their intention to enter into a Communication 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. B. Crowder seconded the motion. Discussion: K. Nitz said it appeared that the lease agreement was very thorough and had been carefully drawn for maximum protection to the District. M. Williams thanked S. Schectman who had modeled the new lease agreement. He said the matter will come back to the Board April 9 for its second reading. Meeting 97-07 Page 5 The motion passed 7 to 0. F. Agenda Item No. 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 - (Report R-97-34) M. de Beauvieres reviewed the staff report and showed a transparency of the planned layout of roads, access, and the parking lot. She pointed out the walnut trees on the site and said they will remain. She said there will be two District gates and showed their tentative locations. The Sequoias will have gate keys in case of emergencies. M. de Beauvieres said there had been a $75,000 increase in terms of cost because of required changes to the plan; however, of that amount, inflation accounts for $31,000. She said this design allows the meadow to remain intact. There is grant funding for the project until June 30, 1998 and in the past, the District has been able to get a one year extension. Staff will proceed with the site development permit process through the Town of Portola Valley and hopes to able to construct the improvements by late summer or early fall. She said the grant is a Land and Water Conservation Fund grant. B. Crowder complimented M. de Beauvieres for her work on this project over the years. M. de Beauvieres showed how the public would enter the preserve and what measures might be used to prevent parking on the private property. H. Haeussler said he was concerned about the location of the entrance to the lot because it is on a curve and the visibility is poor, adding it is a dangerous situation. M. de Beauvieres said staff has had a traffic engineer look at the entrance and work with the Town traffic engineer to ensure the entrance meets safety requirements. In answer to Mr. Haeussler's question, M. de Beauvieres pointed out where the trails currently go out of the parking lot, including the equestrian trail. Motion: P. Siemens moved that the Board approve the conceptual design revisions for a 50-car parking area to serve the Windy Hill Open Space Preserve and authorize staff to proceed with the Town of Portola Valley's Site Development Permit Process for the development of the parking area. N. Hanko seconded the motion. The motion passed 7 to 0. G. Agenda Item No. 10 - Tentative Adoption of 1996-1997 Action Plan for the Implementation of the Basic Policy of the Midneninsula Regional Oren Soave District - (RRort R-97-30) J. Fiddes said the Board had reviewed the Action Plan on February 12 and the changes proposed then and during the review by the Administration and Budget Committee have been made to the document. Meeting 97-07 0 0 Page 6 Motion: J. Cyr moved that the Board tentatively adopt the Action Plan for the Implementation of the Basic Policy of the Midpeninsula Regional Open Space District for the 1997-1998 Fiscal Year, with the Action Plan to be presented to the Board for final approval at the March 26 meeting. N. Hanko seconded the motion. The motion passed 7 to 0. H. Agenda Item No. 11 - Presentation of Budget for Fiscal Year 1997-1998 - fR_gport R- 97-35) (a) Controller's Report - (Report R-97-39) M. Foster summarized the current fiscal year, stating the total revenue was about 10% over budget, including $600,000 for the Thornewood property and $600,000 from additional tax revenue. The actual tax revenue for the assessed valuation was up 3.8% this tax year versus 2.4% the prior year. There was $250,000 more interest income because of the record low level of land acquisition this fiscal year. Operational spending and capital improvement spending were about 90% of budget. He said extremely favorable financing in 1996 saved the District about $12 million cash over the next five years. He said there is an estimated $13.7 million available cash as the District enters the next fiscal year. M. Foster summarized the staff report on the proposed budget for fiscal year 1997- 1998, noting the figures for operating expense do not include capital or facility improvements. In answer to N. Hanko's question regarding the increase in operating expenses, J. Fiddes said the primary reason for the increase is that staff recommended and the Board approved additional staff positions during the past year. M. Foster added that the visitors' map and some unusual legal expenses in the proposed budget increased the operating expense. P. Siemens said the budget is running at almost the 6% guideline, even with additional staff. He added that the Administration and Budget Committee will recommend that they look at projecting the guideline over the next three years. (b) Staff Report (R-97-35) J. Fiddes emphasized that the proposed budget does not include potential salary or benefit increases. Oren Space Acquisition Program: M. Williams reported that the increase in the Acquisition Program is a result of the District's recent financing. In regard to the Enterprise Subprogram, he said the 25% increase is primarily due to the increase in insurance premiums. Planning_Program: D. Woods summarized that the operating expenses for the Planning Program will be down for the coming year, associated with the decrease in salaries and contract services, and the CIP budget will continue to be below the guideline of$600,000 1996-1997 and 1997-1998 are considered together. Meeting 97-07 0 0 Page 7 D. Woods said that this year the District will probably receive about $79,000 in grants and next year about $238,000 for development projects which are budgeted. Operations Programs: J. Escobar highlighted that two new open space technician positions are requested in this year's, budget. In regard to fixed assets, a major request is for purchase of a trail dozer. The use of the machine can be structured over the next two years to offset some of the grant costs for the El Corte de Madera Open Space Preserve trail project. Public Affairs Program: M. Smith reported that the program budget increase was due to the inclusion of the Visitor Services Subprogram and the planned printing and mailing of 300,000 visitor maps. Three newsletters and the annual report are mailed at the rate of 20,000 per quarter. The new map will be sent out over a 6-10 week period, probably in the late summer or early fall. Administration Proms: J. Fiddes pointed out that included in the salary and benefit category are those for the Board appointees, as well as the General Manager appointees. She discussed the performance awards, stating that the proposal includes making it a meritorious service award rather than salary incentive award, and carrying forward $25,000 for the current year into 1997-1998. J. Fiddes stated that no Board action is required at this time and final action will be scheduled for the March 26 meeting. VII. INFORMATIONAL REPORTS B. Crowder observed that there was nothing in the clippings about the Santa Clara County supervisor election. She was informed that supervisors are elected by District and one of the candidates was in P. Siemen's ward. J. Escobar said staff will be starting the training of 22 volunteers for the trail patrol on March 20. VHL ADJOURNMENT The meeting was adjourned at 9:12 p.m. Roberta Wolfe Recording Secretary Claims No. 97-06 Meeting 97-07 Date: March 12, 1997 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1723 -r- 6.;4- A-1 Sanitation Sanitation Services 166.71 1724 219.82 Acme & Sons Sanitation Sanitation Services 1725 123.00 ADT Security Systems Security Services 1726 292.19 All Laser Service Laser Printer Cartridges and Cleaning 1727 222.17 All Premium Sportswear Volunteer Crew Leader T-shirts 1728 225.00 •1 All Premium Sportswear Volunteer T-shirts 1729 1,260.00 Anderson Pacific Weeks Road Repairs 1730 86.70 Randy Anderson Reimbursement-Vehicle Expense 1731 182.03 Artech Laminating Laminated VTP Parking Tags & Supplies 1732 24.21 AT&T Telephone Service 1733 28.6i- Barron Park Supply Company Water Line Repair-- Nature Center 30.83 1734 i 29.80- Big Creek Lumber Fencing Materials-Rancho de Guadalupe 95.18 1735 1,550.00 Louis Bordi, General Engineering Grading of Skyline Ranger Yard 1736 9,698.9& Brian, Kangas, Foulk Engineering Engineering Services - Teague Hill 20,646.62 1737 198.94 Carleen Bruins Reimbursement--Nature Center Supplies 1738 46.22 California Chamber of Commerce Employee Posters 1739 -".5- California Water Service Water Service 77.75 1740 140.00 Camino Health Care Medical Services 1741 93.37 Carolina Biological Supply Science Equipment- Nature Center 1742 385.32 Continuing Education of the Bar CD-ROM User Subscription 1743 1,050.00 Sheryl Marioni Cochran Consulting Services 1744 301.65 Annette Coleman Reimbursement--Office Supplies 1745 333.05 Communication & Control Utilities -- Mt. Umunhum 1746 50.00 Mabel Crittenden Docent Training 1747 692.90 Cupertino Medical Center Medical Services 1748 162.76 Dennis Danielson Reimbursement--Field Supplies 1749 1,012.50 Davey Tree Enterprise Rental Maintenance 1750 50.00 Chris DiLeonardo Docent Training 1751 11.00 Exceed Uniform Accessories 1752 50.01 Forestry Suppliers Inc. Tags - Tree Planing Project 1753 624.90 Fry's Electronics Computer Software 1754 59.54 Gardenland Power Equipment Field Supplies 1755 27.95 G & K Services Shop Equipment 1756 176.34 Gilroy Motorcycle Center ATV Parts 1757 119.13 Goodyear Auto Service Center Tire Repair 1758 77.95 GTE Mobilnet Cell Phone Service 1759 1,464.21 Habitat Restoration Group Revegetation Consulting Service 1760 168.68 Helen Hancock Costume -- Nature Center Prograsa 1761 25.00 Dianne Hunt Docent Training 1762 211.89 Interstate Traffic Control Products Road Barricades •1 Urgent Check Issued March 4, 1287 Page 1 Claims No. 97-06 Meeting 97-07 Date: March 12, 1997 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Amount Name Description 1763 -6;9100 Jodi Isaacs Vehicle Expense 400.68 1764 136.37 Kaiser Cement Corporation Baserock 1765 120.00 Killroy Pest Control Pest Removal Services 1766 851.55 Lanier Copier Lease & Toner 1767 -661 6CXiR@t8R QWOFFY Baserock 1768 414. Los Altos Garbage Garbage Service 850.99 1769 279.58 Lucent Technologies AT&T Maintenance 1770 500.00 Marilyn Manning Ph.D. Team Facilitation 1771 1,420.00 Mayne Tree Expert Company Inspecting of Tree Cutting--Thornewood 1772 262.91 McGrath Rentcorp Skyline Office Rental 1773 134.08 Paul McKowan Reimbursement--Volunteer Supplies 1774 140.08 Metro Mobile Communications Vehicle Service 1775 425.00 Micro Accounting Solutions Computer Consulting Services 1776 202.24 Moffett Supply Sanitation Supplies 1777 126.14 Monogram Sanitation Sanitation Services 1778 48.49 Mountain View Garden Center Sand 1779 45.00 Roger Myers Docent Training 1780 333.19 National Glass Vehicle Repairs 1781 214.50 National Safety Council Subscription 1782 45.00 Joyce Nicholas Docent Training 1783 2se Pacific Bell Telephone Service 303.94 1784 6.20 City of Palo Alto Utilities Utility Service 1785 60.00 •2 PCLF Foundation Out of Town Business Meeting 1786 200.00 Pearson Automobile Company Vehicle Service 1787 231.94 Peninsula Blueprint, Inc. Reproduction Service 1788 832.07 Pine Cone Lumber Company Hardware Supplies 1789 180.49 PIP Printing Reproduction Service 1790 4,250.00 Popish Appraisal & Consulting Appraisal Service 1791 -ee5.t+ OSP Printing Reproduction Service 1642.33 1792 2,500.00 Rana Creek Ranch Consulting Service-Russian Ridge Grassland Study 1793 13.48 Rancho Ace Hardware Hardware Supplies 1794 122.40 Rancho Cobbler & Cleaners Repair Fire Bag Zippers 1795 90.27 •3 Repo Depo Office Supplies 1796 1,542.58 R & R Designers Enterprise Rental Repairs 1797 3,159.00 Rich Voss Trucking Trucking Service 1798 -1 ee.ft Roy's Repair Service Vehicle Maintenance & Repairs 627.00 1799 618.23 Russ Enterprises Fire Lane Signs and Hardware 1800 223.82 RV Cloud Company Plumbing Repair Service •2 Urgent Check Issued February 28, 1997 '3 Urgent Check Issued March 03, 1997 Page 2 Claims No. 97 0 Meeting 97-07 Date. March 12, 1 N7 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Amount Name Description 1801 80.00 Sacramento Area Chapter Amer. Red Cross HIV/AIDS Update Class 1802 —i 85.w Safety-Kleen Restroom Chemicals 49.08 1803 1,382.50 Jane Saltman Planning Consultant--FEMA Projects 1804 540.40 David Sanguinetti Reimbursement—Office Supplies 1805 ;9;29t1.9& Scribner Graphic Press Spring Newsletter Printing 7,343.00 1806 123.34 Sears Miscellaneous Small Tools 1807 75.32 *4 Second Cup Local Business Meeting 1808 112.50 Sequoia Analytical Skyline Water System Testing 1809 389.12 Signs of the Times Trail Signs 1810 100.90 Skyline County Water District Water Service 1811 1,713.38 Smith Equipment Mower Parts 1812 57.25 Malcolm Smith Reimbursement—Snacks for Kids Art 1813 1,959.97 *5 Something Special Catering Catering Services -- Kids Art 1814 2,348.61 Stevens Creek Quarry Baserock 1815 77.58 Summit Uniforms Uniform Allowance 1816 39.99 Tearney & Tearney Resource Documents 1817 1,066.73 Teater & Etc. Map and Sign Graphics Service 1819 150.40 David Topley Professional Conference Expense 1820 35.00 UC Regents Resource Documents 1821 66.30 University Art Center Office Supplies 1822 30.00 Volunteer Center Volunteer Workshop 1823 77.49 M. Douglas Vu Vehicle Expense 1824 144.55 Bob Weyant Associates Reference Books 1825 --F9:99 Wildflower Productions Topo-San Francisco Bay Area 91.12 1826 128.11 Mike Williams Vehicle Expense 1827 300.00 Roberta Wolfe Recording Services 1828 11.30 Yardbird Equipment Equipment Parts 1829R 7,200.00 United States Postal Service Postage 1830R 53.34 *6 Second Cup Local Business Meeting 1831 R 53.72 Cheryl Solomon Reimbursement—Volunteer Supplies 1832R 326.18 Petty Cash Film and Developing, Local Business Meetings, Map Supplies, Nature Center Supplies and Training Expense *4 Urgent Check Issued March 05, 1997 *5 Urgent Check Issued March 7, 1997 *6 Urgent Check Issued March 10, 1997 TOTAL 81,777.25 Page 3 RESPONSE ACTION PROPOSED BY STAFF tvlyd ![te ldevt A<kly eledto/Rsopend - Di peter A<kvoviodte halpevA Ric and Bourke StA[t Acknovlodto/Respond PO Box 7207 DYAIt Roop eooe A—ched 8 tl tf to b• DiYA<t Ad to F[epato DY IIC San Jose, CA. 95150 e Eel ponAe Eer toerd Cen•SdorAtivn Nor 1 oArd Dlraetivo(o} tv Reepenle tAcoee•rF Board of Directors copy: Robert Granath Midpenninsula Regional Open Space Grand Jury 330 Distel Circle Los Altos , CA. 94022-1404 Subject : Request for information This request is made pursuant to the provision of the CA Public Records Act (gov' t code 6250 & 6256 at et . seq. ) which act is based upon the Freedom of Information Act . Information Requested: Date Requested : 3/12/97 Copy of "MASTER PLAN MAP OVERLAY" pr,j c. dell vei►4x,9 -ra MROSJ) /3X4 This was first formally requested from Mr. Mike Williams at the 2/12/97 board meeting in writing. I explained to Mr . Williams I would like a legible copy of such map and also gave him a photo copy page of 1/2 of the map. Since he maintains he had never seen any such map I requested it by APN #, Owners name or whatever you had . Mike Williams has refused my request and has stated that he has never seen any sort of map and that what I wish to see doesn' t exist . Jean Fiddes confirmed that the map doesn' t exist by APN number (see letter) and in a followup phone conversation has stated it DOES exist and is being updated. This is my SECOND FORMAL WRITTEN REQUEST for a legible photo copy of the Master Plan Map Overlay with the list of owners . I feel Mr. Mike Williams is not the person to deal with in my "simple - clear - detailed" request for this map. As I have attended every board meeting for the past 13 months I have never seen this map in any public meeting even though various properties are discussed in "closed sessions" . I believe Mike Williams knew all along that this map exists but simply wishes to deny my access to this public document . Further the district is probably in violation of the Brown Act and the CA. Public Records Act by continually denying the public of this information. I have attached some additional pages for further clarification of just what map I am continually trying to get to see. I find the district "evasive" and "deceitful" as it continues to deny myself and others of this public information. Please see attached data for further clarification of the map I wish to see. Sincerely, RESOLUTION N RESOLUTIOj,7 OF THE BOARD OF DIRECTORS OF THE MIDPENIINISULA REGIONAL OPEN SPACE DISTRICT PPROVING OVERLAY TO DISTRICT MASTER PLAN, DATED FEBRUARY 13 , 1985 IN CONFOR1.11TY WITH GOVERNMENT CODE SECTION 54956. 8 (S.B. 2216--Chapter 1126 of 1984) WHEREAS, in the 1984 session the Legislature of the State of California enacted Section 54956. 8 of the Goverment Code (S.B. 2216--Chapter 1126 of 1984) to enable local legislative bodies to meet in closed session under specified conditions to give instruc- tions to its negotiator regarding the price and terms of payment for the purchase, sale, exchange or lease of real property, and WHEREAS, the author of the legislation, Senator Barry Keene, in his letter to District dated December 13 , 1984 , a copy of which is affixed hereto and by reference made a part hereof, set forth the intent of the bill by providing the District with "a procedure that gives the notice that the law contemplates without overburdening the District or compromising its ability to reach favorable acquisition agreements; " J NOW, THEREFORE, the Board of Directors of the M_ peninsula Regional open Space District does hereby resolve as follows: Section 1. The Overlay to the Master Plan of the Midpeninsula Regional Open Space District captioned "Master Plan Map Overlay" , dated February 13, 1985, identifies the possible real property or real properties which future acquisition nego- tiations may concern, and the accompanying "Property owners ion Master Plan Map Overlay" , dated February 13, 1985, identifies the names of the owners of the parcels as shown on the most recent assessment rolls of Santa Clara and San Mateo Counties, which documents are and shall remain a matter of public record. Section 2. The General Manager and his authorized representatives are authorized to negotiate regarding the purchase, sale, exchange or lease of any of the properties shown on the Overlay with the owners of record, and with the current owners as their interests may appear, and with their authorized representatives. Section 3. The purpose of this Resolution is solely to implement the provisions of SB 2216 to enable the Board of Directors to meet in closed session to confer with its land acquisition negotiator in appropriate circumstances. Nothing herein shall be construed to limit the authority of the staff to conduct discussions with any land owner or his or their authorized representatives with respect to any property. Section 4. Nothing herein shall be construed to show an intent by the Board of Directors, or of the District, to acquire any, some or all of the parcels of property described on the Overlay. The purpose of this Resolution, as herein- above set forth, is only to establish the Board 's policy for meeting in closed session in appropriate circumstances. Section 5. The Board of Directors hereby reaffirms its policy that the District ' s decisions to acquire land, or interests therein, shall be made in open public meeting, after announcement in the District' s publicly issued agenda. Section 6. The provisions of this Resolution shall not apply to pro- ceedings for the acquisition of real property by exercise of the District ' s power of eminent domain, such proceedings being expressly excepted by the provisions of Government Code Section 54956. 8 and governed, inter alia, by the provisions of Code of Civil Procedure Section 1245. 235. • %Ji MIDPENINSUL4 REGIONAL OPEN SPACE DISTRICT r REPORT January 16, 1985 (Meeting 85. -41_, Jan. 23, 1985, TO: Board of Directors FROM: Stan Norton, Legal Counsel SUBJECT: 1984 Amendments to Government Code Sections 54956.8 and 54956.9 (The Brown Act) by SB 2216 (Ch. 1126) In its 1984 session the Legislature passed the above two new sections as amendments to the California Open Meeting Law (The Brown Act), effective January 1, 1985. Section 54956.8 provides that a local legislative body may meet in closed session under specified condi- tions "to give instructions to its negotiator regarding the price and terms of payment for the purchase, sale, exchange or lease" of real property. Section 54956.9 essentially codifies the attorney - client privilege as it relates to local agencies in discussing pending litigation with legal counsel. A copy of Chapter 1126 is attached for your convenience. Section 54956.8. This section, dealing with land negotiations, authorizes closed sessions after the District has identified_ in open public session the propert or •ro•er ies w is may concern and the person or persons w.i w om itsnnegotiatormay negotia e. A question was presented by the District to the bill's author, Senator Barry Keene, as to an acceptable procedure for the Board's giving "blanket" authorization by showing specific parcels on a master plan. Senator Keen's response dated December 13, 1984 is attached. He notes that he amended the bill to accommodate concerns of the District to avoid "overburdening your district or ccmpromising its ability to reach favorable acquisition agreements" and states a master plan approach satisfies the requirements of the section if three conditions are met: 1) The plan identifies= specific parcels for possible future acqui- sition. 2) The Board clarifies that it is specifically authorizing negotia- tions concerning the parcels in the plan, or as many of them as the Board cares to include in the authorization. 3) The plan includes the names of the owner(s) of the parcels. Section 54956.9. As previously stated, this section basically codi- fies the attorney -client privilege as it authorizes closed sessions for a local agency to discuss pending litigation with legal counsel. ' Reg' nal Open S ce it 1 --------------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT February 26, 1997 Mr. Richard Bourke P. O. Box 7207 San Jose, CA 95150 Dear Mr. Bourke: Mike Williams forwarded your February 12, 1997 request for information to me. I have checked with the planning staff and the District does not have an overlay map that includes APN's for all private property under consideration for purchase. I have attached, for your information, a copy of the November 9, 1994 staff report that discussed the status of existing land purchase options and proposed action to either exercise or attempt to renegotiate those property purchase opportunities. Sincerely, Jean H. Fiddes District Clerk JHF:sds attachment 330 Distei Circle • Los Altos, CA 94022-1404 Phone:415-691-1200 FAX:415-691-0485• E-mail:mrosd@openspace.org Wen site:www.openspace.org � Board of©ir: tors:Pete Siemens.Mary C. Davey,Jed Cyr. David T.Smernott,Nonette Hanko, Betsy Crowder,Kenneth C. Nitz • General Manager.L.Cram,Britton Q. `A .Z MIDPENINSULA REGIONAL OPEN SPACE DISTRICT y MASTER PLAN MAP OVERLAY '. fir. �,• c `'lam ��J Regional Open S ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-97-41. Meeting 97-08 March 26, 1997 AGENDA ITEM Resolution Supporting Senate Bill 1048 (Sher) GENERAL MANAGER'S RECOMMENDATION Adopt the attached resolution in support of Senate Bill 1048 (Sher). DISCUSSION The Bay Area Open Space Council (BAOSC), a consortium of parks, recreation, and open space agencies and non-profits, is sponsoring Senate Bill.1048, authored by Senator Byron Sher. This bill will define a more formal structure for obtaining funds and financing open space projects of regional significance within the nine-county San Francisco Bay Area region. District staff is closely involved in this bill's development and in the process of assisting with guiding it through the legislature. Formal resource-based, regionally-focused funding mechanisms have already been put in place in other parts of the state through the establishment of state-authorized conservancies, including the California Tahoe Conservancy, the Santa Monica Mountains Conservancy, the Coachella Valley Mountains Conservancy, the San Joaquin River Conservancy, and the State Coastal Conservancy. The Bay Area is acknowledged in the Coastal Conservancy's enabling statute as a region of special needs. With this acknowledgment, the Coastal Conservancy to a degree already serves as a regional conservancy for the Bay Area, but its jurisdiction in the Bay Area is limited to the coastline, the bay shoreline and, in a vaguely defined way, the riparian corridors which flow into the bay. The wider resource preservation and outdoor recreation needs of the Bay Area could be readily assisted through minor modifications to the purposes and organizational structure of the Coastal Conservancy. This proposed legislation will accomplish these modifications. This item was identified as an "A" priority in the District's 1997-1998 Legislative Plan (see report 97-31). Basically, Senate Bill 1048 would modify the State Coastal Conservancy's enabling statue to clearly define the watershed areas within the Bay Area where the Conservancy may fund acquisition, development and operation of trails along the bay, the ridge tops, the coast, and connecting trails, and related facilities such as interpretive centers, picnic areas and campgrounds. In addition, funding could provide for the protection and restoration of natural habitats and connecting corridors, watersheds, scenic areas, and other open space resources. 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-97-41 Page Two The legislation states that this program would become effective only when funds of at least $1 million are available for deposit into the Bay Area Program Fund. Therefore, no funds already earmarked for the Coastal Conservancy would be used for the purposes of this program. Any new programmatic or administrative costs incurred by the Coastal Conservancy as a result of this legislation would be paid for out of the Bay Area Program Fund. District and BAOSC staff have worked closely with legislative staff of the Coastal Conservancy to develop the bill language. The Coastal Conservancy has embraced the concept and language of this legislation. Other of the over 150 parks, recreation, and open space agencies and non-profit entities are being urged to provide formal support for this legislation. Virtually the entire Bay Area legislative delegation has signed-on as co-authors to this bill, indicating its wide range of support. The District's formal support of this bill is an important element as it goes through the legislative process. Prepared by: M. Smith, Public Affairs Manager Contact person: C. Britton, General Manager Regional Open SJ*Ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT RESOLUTION No. 97- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SUPPORTING SENATE BILL 1048, To FULLY DEFINE THE BAY AREA PROGRAM OF THE CALIFORNIA COASTAL CONSERVANCY WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District finds that San Francisco Bay and its surrounding region is of statewide and national importance for, among other things, environmental and recreational purposes. and WHEREAS, the watershed lands that encircle the Bay are of particular ecological significance to the health and preservation of San Francisco Bay, and of great environmental and social significance to the 6 million residents of the region and the many millions more that visit each year; and WHEREAS, protection and preservation of the natural features of the Bay Area region has not kept pace with the area's rapid population and development growth into one of the major metropolitan regions of the world, and WHEREAS, there is currently no single State entity or political'structure capable of providing a central funding mechanism for regional open space, parks, recreation, and land conservation projects in the nine-county Bay Area region; and WHEREAS, formal resource-based regional State funding structures are in place in other parts of California, including the Tahoe Conservancy, the Santa Monica Mountains Conservancy, the Coachella Valley Mountains Conservancy, the San Joaquin River Conservancy, and the California Coastal Conservancy; and WHEREAS, the Bay Area is already acknowledged in the California Coastal Conservancy's enabling statute as a region of special needs; and WHEREAS, the Bay Area Open Space Council has sponsored Senate Bill 1048, authored by Senator Byron Sher, which would fully define the Bay Area Program of the California Coastal Conservancy; and WHEREAS, this bill will clearly identify San Francisco Bay and its environs as a unique resource deserving focused attention, and clearly define that the funding jurisdiction of the California Coastal Conservancy shall include the entire watershed of the Bay and the coast, within the nine- county Bay Area region; and 330 Distel Circle 0 Los Altos, CA 94022-1404 0 Phone:415-691-1200 FAX:415-691-0485 0 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 WHEREAS, such funding would be suitable for acquisition, the completion and operation of regional bay, coast, and ridge trail systems and interconnecting trails to population centers and public recreational facilities, and for the provision and preservation of supporting facilities and services such as interpretive centers, picnic areas, staging areas, and campgrounds; and WHEREAS,through Senate Bill 1048, the California Coastal Conservancy will be directed to address the needs of the Bay Area region through the Bay Area Program, to cooperate with local agencies and land trusts to identify long term resources and outdoor recreational goals of the region, and to create a Bay Area Program Fund for the purpose of receiving and disbursing funds to implement the Bay Area Program. Now, THEREFORE, BE IT RESOLVED that the Board of Directors of the'Midpeninsula Regional Open Space District supports and endorses Senate Bill 1048 for the purpose of fully defining the Bay Area Program of the California Coastal Conservancy. Adopted by the Board of Directors March 26, 1997 Regional Open S ce 1 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-97-42 Meeting 97-08 March 26, 1997 AGENDA ITEM Resolution Supporting a Federal Appropriation to Assist W' Acquisition of Bair Island by Peninsula Open Space Trust GENERAL MANAGER'S RECOMMENDA Adopt the attached resolution in support of a Federal appropriation for acquisition of Bair Island. DISCUSSION Bair Island is a 1,600-acre wetlands area near Redwood City, which is of crucial importance to the recovery of three endangered species (the salt marsh harvest mouse, California clapper rail, and California least tern) as well as to the survival of 126 species of birds and 13 different mammals that live or feed on the island. This site was on the verge of major development, which would have effectively destroyed the habitat and the species residing there. Peninsula Open Space Trust (POST) has acquired an option to purchase the land at a cost of approximately $15 million. The land would be transferred to the United States Fish and Wildlife Service for restoration and protection, assuring permanent preservation of this irreplaceable natural resource. The Fish and Wildlife Service has already documented that the restoration of the island is essential to the recovery of those species and to the sustenance of other animals on the island. POST needs to obtain $10 million from the Federal government's Land and Water Conservation Fund together with $5 million in locally-raised private funds to complete this critical purchase for the San Francisco National Wildlife Refuge. It is crucial that local agencies such as the District actively support POST's efforts to gain a Federal appropriation for this acquisition. Should that appropriation not be forthcoming, it would endanger the entire structure of the purchase option. Prepared by: M. Smith, Public Affairs Manager Contact person: C. Britton, General Manager 330 Distel Circle• Los Altos, CA 94022-1404 • Phone:415-691-1200 FAX:415-691-0485• E-mail: mrosd®openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz• General Manager:L.Craig Britton Regional Open S ce ------------------ MIDPENINSULA REGIONAL OPEN SPACE DISTRICT RESOLUTION NO. 97- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SUPPORTING A TEN MILLION DOLLAR($I0,000,000) FEDERAL APPROPRIATION FROM THE LAND AND WATER CONSERVATION FUND TO ASSIST WITH THE ACQUISITION COST OF BAIR ISLAND BY PENINSULA OPEN SPACE TRUST WHEREAS,the Board of Directors of the Midpeninsula Regional Open Space District finds that acquisition, restoration, and preservation of 1,600-acre Bair Island is of crucial importance to the recovery of three endangered species(the salt marsh harvest mouse,California clapper rail, and California least tern)as well as to the survival of 126 species of birds and 13 different mammals that live or feed on the property; and WHEREAS,the Board further funds that preservation of this unique and irreplaceable natural treasure will greatly contribute to the quality of life of the citizens within the San Francisco Bay region; and WHEREAS,the Federal Fish and Wildlife Service has documented that the restoration of the Bair Island property is essential to the recovery of those species and to the sustenance of other animals on these wetlands; and WHEREAS,acquisition of the Bair Island property as part of the San Francisco Bay National Wildlife Refuge will provide for a return of natural tidal action in this critical wetlands area, which will improve the Bay's natural flood control and water cleansing system; and WHEREAS,the property has been proposed for up to 4,700 housing units and up to 4 million square feet of commercial space; and WHEREAS,the Peninsula Open Space Trust(POST) has secured an option to purchase this critical habitat property for$15 million and has further agreed to raise$5 million dollars in private funds to augment the proposed $10 million Federal Land and Water Conservation Fund appropriation. Now,THEREFORE,BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District supports and endorses a ten million dollar($10,000,000) Federal Land and Water Conservation Fund appropriation to exercise the option obtained by POST to acquire Bair Island as an addition to the San Francisco Bay National Wildlife Refuge. Adopted by the Board of Directors March 26, 1997 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.Smemoff,Nonette Hanko, Betsy Crowder,Kenneth C. Nitz• General Manager.L.Craig Britton Regional Open S ce 1 R-97-40 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-08 March 26, 1996 AGENDA ITEM Fiscal Year 1997-1998 Planning Work Program for District Preserves and Facilities GENERAL MANAGER'S RECOMMENDATION Adopt the Planning Work Program for District Preserves and Facilities. DISCUSSION At your February 12, 1997 meeting, you reviewed and tentatively adopted the Draft Fiscal Year 1997-1998 Planning Work Program for District Preserves and Facilities. Recommended changes were as follows: a) On Chart A, denote projects being referred to Board committees for review prior to consideration by the Board of Directors. This has been accomplished by adding comments in the description of tasks proposed in fiscal year 1997-1998. b) Minor change to the electric gate project at Long Ridge to indicate $10,000 to cover cost of electrification, remainder may be applied to gate/fencing. c) Tours of potential demolition projects will be offered to Board of Directors. d) Neighborhood meeting will be held for preliminary planning of parking area at Kennedy Limekiln Area of Sierra Azul Open Space Preserve. e) Native plant materials will be used for landscaping the new field office at Skyline Ridge Open Space Preserve. f) Process for inventorying cultural history will be included in survey projects for resource management. Significant changes that have occurred to the work program during the budget preparation process include the following: a) Funding for potential demolition projects has been reduced to include funds for conducting abatement and bidding processes. Actual demolition costs will be deferred until fiscal year 1998-1999. b) Tasks for management agreement with Palo Alto have been deleted since the project is anticipated to be completed before the beginning of the new fiscal year. 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-9740 Page 2 c) Funds for the restroom upgrade project at Rancho San Antonio have been included in the amount of$1,250. d) Windmill Pasture Area Access Study has been changed from an "A" priority to a "B" priority based on the outcome of a recent workshop held at Hidden Villa. e) Added a project to replace the lower (smaller) portion of entrance sign at Picchetti Ranch Area. f) Under non-specific projects listed at the end of the Chart A, a project has been added to start implementation of the Invasive Exotic Plant Removal and Restoration Plan which was completed this fiscal year. g) In Chart B, District-wide pig management assessment project has been added to determine management actions. Prepared by: Del Woods, Senior Planner Contact Person: Same as above Chart A-Draft Fiscal Year 1997-1998 Planning Work Program for Preserves and Facilities(Revised) I I FY 96/97 Budget Analysis eed Grant Grant Project Staff Project Description Board Tasks Proposed Fiscal Year 97-98 Funds Funds Adopted Expense == IFY 97/98 Budget Approval Awarded Received Budget to Date Expense Budget Code Preserve: El Corte de Madera 1S0007 8�20734 Parking Lot Mary Design and construct 40-50 vehicle Complete conceptual plans to be Potential Soo 1,100 parking area&restroorn near Skyline. x presented with Use and Management Grant Plan. A Trail Improvements Mary Improve&construct various trails Phase 11 trail construction,including Grant 37,000 36,500 15,000 8209-34 identified in pending Trails Element, some 8 priority trails. Pending Barricade illegal or discontinued trail 73,925 routes identified in planning process. Lawrence Creek Bridge Julie Replacement of old bridge to improve x Design,permits,bid process, 1,500 2,600 2,000 8,000 8209-34 Mary trail and patrol access. A Use and Management Plan Mary Prepare Comprehensive Plan Adoption of Comprehensive Use and 2,000 Jodi incorporating Resource Management Management Plan which includes Plan. x completion of remaining element of trails plan,resource management. Refer to Board Committee. National Recreational Trails 'Mary Apply and administer National Administer grant. Grant Recreational Trail Grant. A Mapboard Trailhead Signs Doug Install mapboards and bulletin boards Order and install bulletin boards, 1,800 1,907 2,400 8210-34 at all Skyline trailheads update map to reflect new trail openings and additional trail closures. Preserve: El Sereno A Sheldon Road Trail Del Public trail easement on Sheldon Road Continue negotiations and install Easement to be developed and maintained by X improvements if agreements can be District, reached. Preserve:- Foothills management Agreement Del Exchange of management with Palo Alto responsibilities for portion of Foothills preserve and 80 acres of PA land near x Monte Bello Road. Fremont OlderF---- Trail to Hayfield Julie Construct multi-use trail from Prospect Trail construction to proceed;trail to 10,000 100 12,000 8209-33 entrance to hayfields be closed to bicyclists for one year. B Regional Parking Studies Randy Study alternatives,select preferred Organize public workshop(s).Planning 1,250 4,250 15,000 5206-33 locations,determine design and design to implement parking requirements and permit process. expansion(if feasible).Complete more x detailed engineering studies,work with acquisitions on property owner contacts,research. Preserve: La Honda Creek Garage Mary Remove-underground fuel tank,misc. Combine with other structure 14,000 2,000 8201-34 improvements/Demolition Mike chemicals and asbestos siding from disposition projects. Determine garage for safety and useability. Make x disposition of structure,if demolition determination on whether to retain or is warranted,conduct abatement& demolish structure, bidding process;Board to tour. Grazing Analysis Jodi Assess grazing impacts and determine Conduct grazing analysis.Determine if 1,500 5206-34 conditions of new lease if grazing is to x grazing will be allowed. be continued. GAW0RKPR0G\1B-YEAR.WB203/19 2 Chart A-Draft Fiscal Year 1997-1998 Planning Work Program for Preserves and Facilities(Revised) FY 96/97 Budget Analysis Need Grant Grant Project Staff Project Description Board Tasks Proposed Fiscal Year 97-98 Funds Funds Adopted Expense Add�t onal FY 97/98 Budget Approval Awarded Received Budget to Date Expense Budget Code A Bridge Replacement Julie Replace two existing bridges to x Design,permits,bid package. 5,600 4,000 15,000 8209-34 accommodate emergency vehicles. A Map Computerization Doug Computerization of preserve map. Computerize map. 1,000 5202-34 B Houghton Cabin Disposition Mary Make determination on whether to Combine with other structure 2,000 8213.34 retain or demolish structure. disposition projects. Determine x disposition of structure,if demolition is warranted,conduct abatement& bidding;Board to tour. Preserve: Long Ridge_ A School Road Repair Mary Repairs to School Road leading to Construct moderate repair project 12,000 12,590 8209-34 landre residence following storm with FEMA grant 1512,590E damage(grant contingent). A Mapboard Trailhead Signs Doug Install mapboards and bulletin boards Install mapboard/bulletin board at 600 297 1,600 8210-34 at Grizzly Flat Trailhead and Hickory Grizzly Flat entry;order and install Oaks entry. another set at Hickory Oak trailhead. A Electrical Service To Gate Mary Underground electricity to Portola Plans,permits,implement,residual to 10,000 8211-34 Heights gate. apply to gate or fencing. B Use and Management Plan Jodi Review of Comprehensive Plan; Conduct resource assessment specific 3,000 5206-35 incorporate Trail Element and RMP. x to areas where trails may be constructed in future. A Rock Climbing Plan Mary Prepare rock climbing plan for Devils Upon adoption of rock climbing 7,500 4,600 3,000 1,000 5206-34 John Canyon area x policies,consideration and approval of rock climbing plan by Board;refer to Board Committee, B Landre House Disposition Mary Make determination on whether to Combine with other structure 30,000 8213-34 retain or demolish structure. disposition projects. Determine x disposition of structure,if demolition is warranted,conduct abatement& bidding;Board to tour. B After Hours Signs Mary Obtain encroachment permit from Obtain permits and install signs. 1,000 8210-34 Caltrans and install at Grizzley Flat, Hickory Oak and Jikoji pullouts e Highway Crossing Signs Mary Obtain encroachment permit from Obtain permits and install signs. 250 8210-34 Caltrans and install highway crossing signs at Hickory Oak entry and Grizzly Flat entry. -- -- - - - - - -- -- — Preserve: Monte Bello — A Realign Stevens Canyon Mary Repair trail slide at end of Stevens Conduct slide stabilization study. 17,205 17,205 8209.34 Trail Canyon Road;FEMA funded-S17,205 Implement trail bypass or slide for repair stabilization;FEMA funds$17,205 A Docent/Geology Trail Mary Designate as a hiking trail,restore Designate trail,construct. 0 8209-34 sections,create vista point x overlooking slide B White Oaks Trail Bridge Mary Construct bridge to replace cinder x Obtain permits from Fish&Game, 2,500 8209-34 block creek crossing. construct bridge. A Install Restroom Julie Install restroom at Backpack Camp. Install restroom at Backpack Camp �__— 15,000 820534 Mapboard Trailhead Signs Doug Install new mapboard and bulletin Install. 600 297 A board at main parking area. Stevens Creek Nature Trail Julie Design and install interpretive signs Install signs. 750 . Doug along Stevens Creek Nature Trail A G:\WORKPROG\1 B-YEAR.WB203/19 3 Chart A-Draft Fiscal Year 1997-1998 Planning Work Program for Preserves and Facilities(Revised) FY 96/97 Budget Analysis Need I Project Staff Project Description Board Tasks Proposed Fiscal Year 97.98 Funds Funds ant Grant Adopted Expense Additional' FY 97/98 Budget Approval Awarded Received Budget to Date Expense Budget Code Preserve: Monte Bello Picchetti Ranch A Creek Restoration Jodi Remove or stabilize dumpsite;remove Monitor site.Re-treat Arundo as 1,875 1,200 4,200 300 8212-35 1 Randy invasive plants;erosion control needed. Prepare grant follow-up report. B Blacksmith Roof Repair Mary New roof shakes are curling and may Replace curling shakes. 500 8201-33 need to be replaced. A Winery Lease Monitoring Mike Monitoring of provisions in lease to Continue to monitor improvements Randy ensure compliance, and resolve lease and use permit issues;including issue around potential seismic upgrade of winery;refer to Board Committee. Replace Entrance Sign Doug Replace lower portion of entrance Order and install sign(smaller one). 1,500 8210-33 sign. A County Historic Grants Mary Grant applications(2)for restoration of Close out grants. Homestead House. Preserve: Pulgas Ridge ___1 _ ----. ----- --_ -_ L— —L Z_____ B Edmonds Road Parking Lot& Randy Remove Health Home sewage plant Obtain agreement with SF and prepare Potential'. 5,000 5,000 8207-33 Sewage Plant Demolition Mike and sludge ponds;design and X submittal for permits. Grant construct 12-20 car parking lot. A Restoration&Revegetation Jodi Remove exotic species and revegetate Continue ongoing project to remove Potential'. 10,000 6,700'. 10,000 8212-35 middle ridge. exotics. Grant Mapboard Trailhead Signs Doug Installation of mapboard and bulletin Install mapboard and bulletin board. 1,200 1,396 520 boards. B Cal Trans Oak Mitigation Julie Provide oak mitigation site near site of Contract and permit to enter with Jodi Doctor's house. x CalTrans if funding is committed. B Communications Lease Mike Construct and maintain x Develop lease and enter into Julie communication antenae. agreement. Preserve: Purisima Creek Redwoods C -- �— .--_ ---- —-- —_�_- Z-- Z F---E Z — Ei __ -. A Purisima Creek Road Repair Mary Assess entire road to determine best FEMA funds available-$18,342 to repair 14,143 10,00 10,000 18,342 8209-34 method to conduct necessary repairs road. Coordinate permits,bidding and to keep as a patrol route. In interim, x repair work with geotech.engineer conduct major repairs to Purisima (under contract). Creek Road following storm damage. Mapboard Trailhead Sign Doug Replace mapboards and add bulletin install mapboards and bulletin boards Iboards in three locations, with revised map. A Habitat Conservation Grant Del Acquisition of 481 acre POST parcel. Prepare acquisition report. Mike A Environmental Del Acquisition of 481 acre POST parcel. Administer grant;revise if necessary. Enhancement Mitigation Mike Grant A Fencing Purisima Creek Jodi Fence creek by lower parking lot to Volunteer project to construct split rail 300 8211-34 prevent use in creekbed. fence along Purisima Creek. A Higgins Purisima Road Mary Work with San Mateo County Road Work with County Road Department to 250 8210.34 signing Department to sign one side of Higgins install signs. Punsima Road'No Parking'. A Grabtown Gulch Bridge Julie Make determination on bridge repair. Make a determination and possibly 5,000 8209-34 Possible reconstruction x design,permit,bid process Preserve: Rancho San Antonio _ A� Rhus Ridge Parking Julie Design and construct expansion of Work on overflow parking. 15,040 1,700 Del existing parking area fence trailer. �— G:\W0RKPR0G\1 B-YEAR.WB203l19 4 ChartA-Oraft Fiscal Year 1997-1998 Planning Work Program for Preserves and Facilities(Revised) --- --- — — ------ - FY 96/97 Budget Analysis Need Grant Grant Adopted Expense Projected FY 97/98 Budget Project Staff Project Description Board Tasks Proposed Fiscal Year 97.98 Funds Funds Budget to Date Additional Budget Code Approval Awarded Received Expense B Restroom Upgrade Julie Upgrade restroom near barn to lower Find alternative system and install. 1,250 1,250 820533 maintenance costs- _8 windmill Pasture Access Study Del Regional access plan. Continue joint planning efforts with Julie Hidden Villa and Town of Los Altos Hills. A Oak Restoration Jodi Augment existing oak restoration Continue volunteer efforts to remove 2,000 8212-35 project. old cages from dead trees,plant new oaks,continue seed collection and propagation. Monitor. A Improve Entry Road Julie Oil and screen entry road to Deer Prepare plans/specs;obtain permits; 35,000 '8209-33 Hollow Farm bridge. x solicit bids;construct. A Drainage Improvements @ Julie Improve drainage around caretaker's Investigate Drainage solutions with 5,000 8299-33 Rhus Ridge Road trailer at Rhus Ridge Road engineer;crew to implement project B Quarry Restoration Jodi Restore quarry to natural state Level and reseed quarry 1,250 8212-35 Preserve: Rancho Field Office - - -- — __.�-— - - --- - 1- -- - � ---- .--5 ---- A Shop Building Seismic Del Retrofit existing shop building to Implement seismic upgrade and minor 1,500 2,000 2,500 120,000 8201.33 Upgrade improve structural'integrity.Replace x architectural alteration construction exterior siding,roof and windows. work. Preserve: RavenswoodZ--- B wetlands Restoration Randy Restore pond to tidal action and Continue negotiations with Potential Jodi restore to marsh. x Rhone-Poulenc. Complete agreement Grant for project implementation. B Trail to Palo Alto Del Construct trail from Bay Road to Work with Bay Trail and East Palo Alto Potential . Runnymede Trail;joint project with x in joint grant project. Grant County of San Mateo, Preserve: Russian Ridge ,__ ---� — A Retrofit Restroom Julie Retrofit restroom at Alpine Road Install restroom. 1,000 15,000 8205-34 parking area to meet ADA standards. A Grassland Management Jodi 0 Hire Consultant to implement and 2,500 38,000 8212-35 Implementation monitor success of management A Repair Mindego trail Slide Mary Repair storm damage on Mindego Trail Complete repairs with available FEMA 3,000 3,000 8209-34 funds-S2,928. Coordinate fish&game permits. �13 Resurface parking lot Mary Surface parking lot with all-weather x Investigate use of all weather surface. material. Preserve: Saratoga Gap - A Mapboard Trailhead Signs Doug Installation of mapboard and bulletin Install mapboard and bulletin board. boards. I _- ---- _ I 200 297 B Saratoga Gap Cabins Mary _ _t. .... Make determination on whether to Combine with other structure 2,000 8213-34 Disposition retain or demolish structures, disposition projects. Determine x disposition of structures,if demolition is warranted,conduct abatement& bidding. Preserve: Sierra Azul Cathedral Oaks _Z_ — A EEM&HCP Grant Julie Administer three grants awarded for Seek extensions and reconfigure Administration Mike acquisition of properties and grants as necessary. construction of two staging area.(One grant includes a project in Kennedy Limekiln Area.) GAWORKPROG\1 B-YEAR.WB203/19 5 Chart A-Drift Fiscal Year 1997-1998 Planning Work Program for Preserves and Facilities(Revised) FY 96/97 Budget Analysis Need Grant Grant Project Staff Project Description Bard Tasks Proposed Fiscal Year 97-98 Funds Funds Adopted Expense Addit onal FY 97/98 Budget Approval Awarded Received Budget to Date Expense Budget Code A Map Computerization Doug Computerization of preserve map. Computerize file and production of 2,000 300 2,000 520233 brochure in conjunction with Public Affairs. Preserve: Sierra Azul Kennedy Limekiln __—� - A Kennedy Road Parking Del Construct a 10-15 vehicle parking area Hold first neighborhood workshop. Potential 750 10,000 8207.33 at trailhead entrance. Hire consultant,complete conceptual Grant X plans with consultation from field staff and Town staff;refer to Board Committee. B Blackberry Hill Restoration Jodi Restore eroded hillside Reconfigure hillside,Conduct erosion 3,500 8212-35 control measures,reseed with native plants and fence area. --- — -car- ---_.— --- - —--- -- — Mapboard Trailh-- Signs Doug Installation of mapboard antl bulletin b Install mapboard and bulletin boartl — -___ -- — - - -�— -- - - --�— 200� 297 - _-- --- e Moody Trail Julie Determine disposition of undesignated Determine disposition of undesignated 1,000 8209-33 trail. Joint project with Santa Clara X trail. Take action. County staff. I Preserve: Sierra Azul Mt.Umunhum Air Base Demolition Randy Removal of some or all of buildings. X Investigate potential funding sources Potential 21,000 12,500 10,500 for demolition Grant A Rancho Guadalupe Interim Del Improve fencing,signs,stabilize road X Improve fencing,signs,stabilize road r. 4,000 8299-33 U&M Improvements and water system. and water system. L A Rancho Guadalupe Use and Del Prepare Comprehensive Plan with Complete interim plan and initiate Management Plan Jodi Trails Element and RMP. x baseline studies for natural resource inventory. A Rancho Guadalupe Pond Jodi Pond management plan for Cherry Research management methods and 10,000 5206-35 Management Plan Springs Pond. County requirements.Conduct x environmental assessments and prepare plan. i A Reynolds Road Ranger Julie Establish residence on former North Research County permits for new 2,000 8213-33 Residence Mary property. structure;determine disposition of x existing structures,conduct abatement&bidding if warranted; Board to tour. B Jacques Ridge Parking Study Del Joint project with County to develop Continue to work with County Julie parking near Jacques Ridge. planners to define project and discuss joint management issues. Preserve: Skyline Ridge ---I 1 - A 'Nature Center Mary Construct nature center building and Complete contract for installation of Additional 104,500 35,000 25,700 18,000 9,000 8201-34 Julie install interpretative exhibits and lab; x Phase II exhibits. Potential interpretive trail signs. Grant B Dump Clean-up Mary Remove illegal disposal site that may Conduct study to determine size, Potential 2,500 5,000 8299-34 contain hazardous materials. extent of dump,best cleanup method. Grant x Investigate grant or loan sources. i i A Big Dipper Land Use Plan Mike Develop cooperative management Establish presence and conduct Del plan including grazing and trail use. grazing assessment. Jodi A Tree Farm Mary Consider U&M Amendment to Prepare U&M Amendment. Jodi continue tree farm operation. If lease Mike terminates,prepare plan to restore x tree farm area; implement plan. GAWORKPROG\1 B-YEAR.WB203/19 6 Chart A-Draft Fiscal Year 1997-1998 Planning Work Program for Preserves and Facilities(Revised) FY 96/97 Budget Analysis Need Grant ected Project Staff Project Description Board Tasks Proposed Fiscal Year 97-98 Funds Funds Adopted Expense Add t onal FY 97/98 Budget Approval Awarded Received Budget to Date Expense Budget Code A Install Restroom Julie Construct restroom near Nature x Construct 15,000 8205-34 Center. A Bach Driveway Slide Repair Mary Repair slide area to reinstate road Prepare plans,obtain permits and 26,250 - 26,250 8209-34 X construct;FEMA funds available S26,290. A Alpine Pond/Horseshoe Mary Seal with an all-weather surface Resurface trail with an all-weather 10,060 8209-34 Lake Trail material B Environmental Education Mary Study and stabilize hog barn structures Remove awning. Secure buildings. 500 3,000 8299-34 Picnic Area for use as a picnic area for Install 3 picnic tables on adjacent flat environmental ed.program. Install area. picnic tables. B Willow Restoration Jodi Plant willow poles along drainage; Volunteers to plant willows and fence 200 8212-33 fence areas. new area.Monitor site. Preserve: Skyline Field Office A Operations Field Office Mary Construct 2,850 square foot Office Complete surfacing,close out entire 490,000 430,000 2,000 55,000 8201-34 Doug building to be located in existing project. complex. B Office&Shed Demolition Mary Determine disposition of office and Combine with other structure 10,000 8213-34 shed upon completion of new office disposition projects. Determine building. x disposition of structure,if demolition is warranted,conduct abatement& bidding;Board to tour. B Landscape New Office Area Mary Landscape area around new office. Seek volunteer to design planting plan for Office area. Plant native plants. 7 -_ -... -_-.. _._L -_ .._— --- - - I-- --- -. -�-- - --- ---- ----- -�— Preserve: St.Joseph's Hill A�Jones Trail Mary Reopen and improve historic FEMA funds available-$3,323 to repair 2,250 10,000 33,000 8209.33 alignment through Novitiate parcel. slide. CalTrans funds$29,000. A Caltrans Oak Mitigation/Oak Jodi Caltrans to establish oak habitat, Monitor Caltrans and volunteer project Planting Project secure with fence and irrigate. site. 9,000 8209-33 B Improve Trail Segment 19 Julie Correct drainage and line of sight on Make a determination. segment 19 as it connects to . Manzanita Trail. A Mapboard Trailhead Signs Doug Installation of mapboards and bulletin Install board, Preserve: Stevens Creek L__— 1 Z— -__ B NASA Trail Easement Del Obtain trail easement from NASA and Continue to negotiate final enter into cooperative agreement x agreement. with Mountain View for management. Preserve: Teague Hill - T __— _ -_ -- - A Disposition of Surplus Parcels Randy Complete Lot Line Adjustment to Obtain lot line adjustment,record new 43,800 62,5i3 15,000 30,000 5206-34 (Pinto Way) Del facilitate sale of surplus parcels at lots and trail easements; Market lots Pinto Way. (Acquisition/Enterprise). Preserve: Thornewood B j Dam Spillway Restoration 1 Randy Conduct engineering study and repair Complete engineering study,prepare (52,465) 67,450 7,944 5,000 7,500 8299-34 Landslide Repair Schilling Lake spillway. design,permit submittal. Requested B Tree Removal Randy Remove fallen trees and repair trails Tree removal and minor trail repairs (13,320) 3,000 3,750 8212-35 below Schilling Lake. Requested i A Historic Residence Lease Mike Establish new lease arrangement for X Conduct RFP process for long-term Randy structures and surrounding area. lease. Refer to Board Committee. GAWORKPRO13\1 B-YEAR-WB203/19 7 chart A-Draft Fiscal Year 1997-1998 Planning Work Program for Preserves and Facilities(Revisedi - ---- -_ --- -_- - --- - FY 96/97 Budget Analysis Project Staff Project Description Boardd Tasks Proposed Fiscal Year 97-98 Funds Funnt ds Adopted Expense ProAdditional onal ected FY 97/98 Budget Approval Awarded Received Budget to Date Expense Budget Code B Mapboard Trailhead Sign Doug installation of mapboard and bulletin Construct and install mapboard and board. bulletin board. A Boundary Planning Study Del Determination of preserve boundaries Contract for boundary survey,assist in 2,500 2,500 520634 and trail ownership below Schilling map revisions and sign installation. Lake. A Map Computerization Doug Computerize preserve map. Finalize map and produce brochure. 750 5202-34 Preserve: Windy Hill __ A Lower Parking Lot and Mary Construct 50 vehicle parking lot and Obtain permits,solicit bids,contract 132,100 170,000 9,800 12,000 350,000 8207-34 Restroom restroom adjacent to Portola Road. x for construction. Skyline Restroom Julie Install restroom at Skyline Blvd.parking Construct restroom. 7,500 15,000 820534 area. A Mapboard Trailhead Sign Doug Mapboard and bulletin board signs at Relocate mapboard and bulletin board 6,763 300 upper and lower parking areas. to lower Portola Road entrance. B Northgate Trailhead Mary Improve traiihead adjacent to north Implement project. 3,000 3,000 8299-34 parking area for mapboard&drainage. . A Corte Madera Management Del Agreement with POST to manage their Acquisition or management property near Hamm's Gulch. x agreement. A Dog Access Trial Randy Monitor and report to Board on Coordinate with neighbors,volunteers, . Jodi compliance at 6 mo.and 1 year x user group;place temporary signing, collect data and prepare reports Preserve: Non-Specific 1 Foothills Preserve Signs Julie New and replacement signs for parking . Signs are designed and/or ordered on 10,000 5,000 8210-33 g Doug areas and trails. an as-needed basis. Skyline Preserve Signs Doug New and replacement signs for parking Signs are designed and/or ordered on 10,000 5,000 8210.34 B areas and trails. an as-needed basis. Foothills Fences&Gates Julie New and replacement fences and 5,000 3,000 8211.33 B gates. Skyline Fences&Gates Mary New and replacement fences and 5,000 3,000 8211-34 B gates. A Computerized Map Updates Doug Annual updates of all computerized Scheduled revisions for South Skyline 2,150 5202-32 preserve maps,including the South (can include individual preserves), Skyline Regional Map. Fremont Older,Picchetti Ranch,Pulgas Ridge,Purisima,Rancho San Antonio, St.Joseph's Hill,and Windy Hill. A Mapboard Trailhead Sign Doug Annual updates of laminated site Scheduled updates for trailheads at 1,350 8210-32 Updates maps. Fremont Older,Monte Bello,Pulgas Ridge,Saratoga Gap,Sierra Azul (Kennedy-Limekiln),St.Joseph's Hill, and Windy Hill. B Invasive Exotic Plant Removal Jodi Implement projects in IEP inventory. Implement restoration. 3,500 8212-35 &Restoration PrOjeCYs ——` F. G:\WORKPROG\1 B-YEAR.WB203/19 Chart B-Draft Work Program for Long-Range Planning and General Tasks (Revised) Need Board Project Staff Project Description Approval Completed Tasks This Year Tasks Proposed Fiscal Year 97-98 Policy and Program Development: A Regional Open Space Plan Randy Comprehensive Plan to guide District X Project scoping,background research, Formulation,public review and adoption of Del programs towards a 20-year vision of the public workshops,draft mission statement plan for future greenbelt, including financial Julie greenbelt. and basic policies,administrative draft of model. plan map. A Open Space Use and Del Update and revise Use and Management X Staff review of structure disposition policies Review policies relating to the disposition of Management Planning Process Planning Process Policy. and proposal to Board for their review in structures. Refer to Board Committee(s). Policy Review coming year. A Dog Use Policy and Program Randy Consideration and implementation of X Completed review and plan amendment Monitor dog access program at Windy Hill Review changes in dog access policy on preserves. process for dog access on preserves. and report findings to Board. A Trail Use Policy and Guidelines Del Review and revise policies based on X Preliminary scoping of project based on Staff(all)assessment of trail use issues, Review Julie growing experience with trail use planning. initial Board request to incorporate setting project goals and initiate process; wilderness concept into trail use planning. refer to Board Committee. Regional Planning Studies&Tools: B 'S'erra Azul Preliminary Access Julie Concept plan to determine approach for Scope a process to determine how to Study planning access and securing grants, approach use and management planning and grant applications. A Standard Contract Forms Randy Complete review of contracts and Merged District and East Bay Regional Complete standard contract forms for All standardize contracts for planning and contract documents to complete construction services. construction services. standardized contracts. A 'Computer Mapping System Doug Developing in-house capability to generate Brochure base maps have been imported Convert mapping system over to Macintosh Julie site maps and regional map for reports and into computer system for in-house use. based system. presentations. B 'GIS Development Randy Participate in regional development of Participated with GIS development by Continue to participate with other agencies geographical information systems. providing map info to Greenbelt Alliance and and organizations. =Santa Clara County. B Catalog Mitigation Sites Randy Volunteer project to identify preserve Volunteer has been inventorying potential Continue to inventory mitigation sites. restoration sites that can be used for sites. mitigation. A Invasive Exotic Plant Inventory Jodi Inventory exotic plant species on all District Inventory complete. Prioritize preserves and plant communities and Control Plan preserves. Prepare implementation plan. which need management action. Implement. B Wildlife Response Plan Jodi Develop a wildlife response plan for all First draft completed. Broaden scope of plan to include situations wildlife-human interactions. of trapping and transporting to other authorities. A Herbicide Use Plan Jodi Establish the criteria for herbicide use on X Gathered herbicide use information from Determine needs for District lands. District land. other agencies. Familiarized myself with Research permitting and certification options. process. Prepare plan. B Survey projects for Resource Jodi Develop projects for the inventory of flora, Met with qualified people(archeologist, Hire archeologist intern to obtain information Management fauna,archeological and historical sites botanist, herpetologist)interested in doing on cultural sites District-wide. Catalog using volunteers,special interest groups, survey work. Began scoping of projects. cultural history as time permits. interns and consultants. B Resource Data Organization Jodi Resource data organization.Manage data Reviewed files. Brainstormed with field staff Create database for organization and map (formerly referred to as Preserve from field observations and studies for future on data collection and dissemination. boards for graphic representation. Database) use. 17-Mar 1 Chart B - Draft Work Program for Long-Range Planning and General Tasks (Revised) Need Board Project Staff Project Description Approval ' Completed Tasks This Year Tasks Proposed Fiscal Year 97-98 B San Mateo County Permitting Mary Seek memorandum of understanding to X Respond to growing complexity with permit Process facilitate grading permit process for park process if problems occur with upcoming trails and patrol roads. permit applications. B Pig Management Assessment Jodi Determine management actions for pigs on Monitor pig damage. Determine the extent of District lands. threatened habitat. Prepare plan for 98/99. General Support(Routine): A General Map Updates Doug Update in-house maps including 500 and 2000 scale maps were revised by Revisions are completed on as needed 2000 scale base maps, preserve maps and volunteers;other base maps and wall maps basis. wall maps. updated regularly. A Sign Design and Replacements Doug Working with field staff in ordering all Designed and revised as needed. Designed and revised as needed. replacement signs and designing new signs for District sites. A Sign Committee Mary Participate in the Sign Committee in Bulletin Board design,Trailhead regulation Continue to coordinate sign committee Julie reviewing and revising District sign sign design. meetings. Doug standards. B Construction Detail Updates Doug Update of details for District improvements Specifications are updated on a case by Details are updated on a case by case including trails,fences,gates,bridges,etc. case basis. basis. B Trail Use Database Del Supervision of data entry;designing special Assist Operations and volunteer in entering Assist Operations and volunteer in entering reports as necessary. field data monthly. field data monthly. A Work Program Preparation Del Annual preparation of Work Program to be X Operations and Planning expanded process Streamline process for input and improve Others presented to Board in October and revised in Ito incorporate more field input;October process for scoping and scheduling;prepare February each year. review deferred to February to allow for one-year program for October review, additional field input. A Budget Preparation Del Annual preparation of budget to be X Mid-year budget review completed; budget Budget monitoring and budget preparation. Others presented to Board committee in February preparation is underway. and revised in October each year. Action Plan and Program Randy Annual preparation of Action Plan to be X Participated in year-end&mid-year Action Plan and Program Evaluation Evaluation Others ;presented to Board in February and preparation of Program Evaluation,drafted preparation, evaluated in October each year. FY 97-98 Action Plan. A Annual Dedication Review Del Annual review and recommendation for X Converted database to Excel, reviewed Maintain database and prepare annual properties to be dedicated. parcels for dedication and prepared report to report. Board. A Acquisition Studies&Reports Del Coordinate various area-wide and property X Young,Corte Madera Associates, NCPH, Potentially two major acquisitions and other Others specific acquisition studies and subsequent Wells,Cutten,Weil,Zand(sale), Liles. acquisitions as requested. acquisition reports. A Development/EIR Reviews Del Coordinate, review and respond to site Convent, Diocese,Los Gatos Country Club Lands of Ho(Alma College property Others development plans and EIRs that potentially development), Skyline Convent and other impact District lands. projects as necessary. A `Interagency Planning All Participation in Ridge Trail, Bay Trail and Attended meetings and provide support for Continue participating in Bay and Ridge Trail Biodiversity Task Force. all three projects;joined Almaden projects and Biodiversity Task Force. Quicksilver Task Force. A Resource Management Projects Randy Respond to resource management needs; Coordinated resource management projects Work with committee members in setting Julie conduct research and organize specific as necessary; participated with other goals and priorities for projects. Jodi projects. committee members in setting goals and priorities for projects. 17-Mar 2 Chart B - Draft Work Program for Long-Range Planning and General Tasks (Revised) Need Board Project Staff Project Description Approval Completed Tasks This Year Tasks Proposed Fiscal Year 97-98 Computer System Support Administer and troubleshoot network and Expanded network with consultant;daily computer system. maintenance of computer system. A Grant Projects(New) Del Coordinate grant projects such as LWCF, X Santa Clara Co.Historical Commission,2 Others Historical Commission, Habitat Habitat Conservation grants,Environmental Conservation, Nat'l Trails and other grants Enhancement and Hazard Mitigation. as necessary. Hire consultants and coordinate preparation o A Human Resources Coordination ;Randy Coordinate personnel evaluations for Coordinate personnel evaluations for Coordinate personnel evaluations for Planning and Acquisition. Planning and Acquisition. Planning and Acquisition. Administer contract planners. A Area Project Coordination and Mary Coordinate planning projects with field staff Attend crew scheduling meetings. Attend crew scheduling meetings. Crew Scheduling Julie in Skyline and Foothills areas. A Management Team Mary Attend Management Team meetings and act Attend meetings as necessary. Attend meetings as necessary. Representation as liaison between Management, Planning and Acquisition. A General Graphics Support Doug Production of graphics for exhibits, reports, Projects and/or revisions are completed on Projects and/or revisions are completed on presentations, Board reports,etc. an as needed basis. an as needed basis. 17-Mar 3 Regional Open 4ce s MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-97-44 Meeting 97-08 March 26, 1997 AGENDA ITEM Adoption of the 1997-1998 Action Plan for the Implemeattation of the Basic Policy of the Midpeninsula Regional Open Space District GENERAL MANAGER'S RECOMMENDA Adopt the 1997-1998 Action Plan for the Implementation of the Basic Policy of the Midpeninsula Regional Open Space District. DISCUSSION You tentatively adopted the 1997-1998 Action Plan at your March 12 meeting (see report R- 97-30). Since your March 12 review, no changes have been proposed for the Action Plan. Prepared by: Jean Fiddes, Administrative Services Manager Contact person: Same as above 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 ACTION PLAN FOR THE IMPLEMENTATION OF THE BASIC POLICY OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FOR THE 1997-1998 FISCAL YEAR I. 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 1997-199g 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. 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, defensible 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 1. 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 w._ iformation for approaching the Dish- , voters 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 1 97-1998 Enterprise Subprogram b'ectiv 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 safe, 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 ab__.,ultural and grazing uses in accordw,, 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 1. 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 .,, lease to ensure compliance at Monte ijello 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 Il 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 19 '7-1 9$ Resource Management Subprogram Qbjective 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's 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 1 97-199 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 East 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 League, 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 19 7-199$ Visitor Services Subprogram b'ective 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 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 1. 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 -)sate 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. 7. Involve Board of Directors in planning of the annual special Board meeting to be held as part of Board's Good Neighbor Policy. 8. Refine and implement a comprehensive risk management program, including a formalized site inspection process. 9. 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 Qbjective 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 1. 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 S#ce 1 1 R-97-49 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-08 March 26, 1997 AGENDA ITEM Approval of Memorandum of Agreement with Local 71 GENERAL MANAGER'S RECOMMENDATION � _ Adopt the accompanying resolution approving the Memorandum of Agreement with Local 715, Service Employees International Union, AFL-CIO/CLC, for a term of April 1, 1997 through March 31, 2000. DISCUSSION The District entered into contract negotiations in February, 1997 with Local 715, Service Employees International Union, AFL-CIO/CLC, the exclusive bargaining representative for the purpose of labor relations for the District's open space technicians, lead open space technicians, rangers, equipment mechanic-operators, and farm maintenance worker. Local 715's negotiating committee included Beth Winters, Senior Field Representative for Local 715, lead open space technician Stan Hooper, and rangers Tom Randall and Brian Malone. The District's negotiating committee included legal counsel Sue Schectman, operations manager John Escobar, employee relations officer Jean Fiddes, and administrative analyst Deirdre Dolan. The District and Local 715 negotiating teams successfully reached tentative agreement on the proposed contract on Wednesday, March 19. The District's open space technicians, lead open space technicians, rangers, equipment mechanic-operators, and farm maintenance worker will be holding a contract ratification meeting on Friday evening, March 21. This item has been placed on your March 26 agenda in anticipation that the unit will ratify the agreement. The following summary of the 1997 contract negotiations highlights salient points of the proposed Memorandum of Agreement, particularly items that differ from the current contract. The proposed agreement contains changes proposed by Local 715, as well as changes proposed by the District. The proposed agreement is for a term of three years. It provides for implementing the 2% at 55 local miscellaneous retirement plan formula, a 3-point (3%) salary increase for the first year, a 1- point (1%) salary increase for the second year, and a 2-point (2%) increase for the third year. I feel the proposed salary adjustment is appropriate based on Consumer Price Index (CPI) data, adjustments that have been made at other public agencies, and the fact that the District will begin paying the increased costs for the 2% at 55 retirement program in the second year of the contract and thereafter. The entire contract package is fair and reasonable given the three-year term and the objective of maintaining the District's competitive position in the labor market. In addition to the major changes noted above, the District is proposing to complete a compensation analysis for all bargaining unit job classifications by September 30, 1999. The bargaining unit positions were not included in the compensation analysis conducted in 1992, and the study will provide information that will be considered as part of the discussions between the District and the Union in negotiations on the next successor Agreement after the expiration of this Agreement's terms. The compensation analysis will likely encompass office, supervisory, and management positions as well. 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 The entire agreement is available at the District office for public inspection. Prepared by: Sue Schectman, Legal Counsel John Escobar, Operations Manager Jean Fiddes, Employee Relations Officer Deirdre Dolan, Administrative Analyst Contact Person: Jean Fiddes, Employee Relations Officer SUMMARY OF PROPOSED 1997 CONTRACT PROVISIONS Article 1 - Preamble • No changes. Article 2 - Union Recognition/Security • The District will supply the Union with a list of representation unit new hires, terminations, and retirements that occurred during the previous month, if any. Article 3 - No Discrimination • No changes. Article 4 - District Rights • No changes. Article 5 - Schedules, Overtime and Call-Back Time Alternate Work Schedules • Establishes that the 9/80 work schedule will be assigned for 15 pay periods starting with the pay period that contains April 7 (an increase of two pay periods since the 1995 contract). • Eliminates Appendix E and incorporates the guidelines for 9/80 work schedules into Article 5. • Eliminates the review and sunset clause for 9/80 work schedules. Article 6 - Worker Disability Coverage/Modified Duty • Incorporates the former Section 7.5 - Added Worker Disability and creates a new Worker Disability Coverage Program that augments workers' compensation, long term disability, and other benefits in order to provide full pay for up to 90 days for a worker who sustains an on-the-job injury covered by workers' compensation. The Worker Disability Coverage program also applies to follow-up medical appointments that occur during work time as a result of an industrial injury covered by workers' compensation. Article 7 - Compensation and Benefits Compensation • Effective April 1, 1997 - 3.0 point increase • Effective April 1, 1998 - 1.0 point increase • Effective April 1, 1999 - 2.0 point increase Benefits • Adds the 2% at 55 local miscellaneous retirement plan. • Adds a Section 125 cafeteria plan which includes reimbursement of dependent care and health care expenses on a pre-tax basis. • Increases basic life insurance to the equivalent of one times annual salary. • Pays an increased amount not to exceed $15 per month toward the cost of the second least expensive family medical coverage. Added Disability Coverage • This section incorporated into new Worker Disability Coverage program (Article 6 - Worker Disability Coverage/Modified Duty), which broadens disability coverage for on-the-job injuries. Article 8 - Evaluations and Merit Pay • Clarifies that 6-month probationary period applies to promotional appointments. Article 9 - Uniforms Uniform Allowance • Increase uniform allowance 5% each year: Year 1 $260 to $273 Year 2 $273 to $287 Year 3 $287 to $301 • District will provide each ranger one pair of long bicycle pants and one bicycle jacket when initially assigned to bicycle patrol or if unassigned upon performing 50 hours of bicycle patrol, and $50 additional uniform allowance for each year reassigned to bicycle patrol. Uniform Committee • Clarifies that with prior approval from the operations manager, the District will obtain sample uniform items being considered by the committee. • Provides that the operations manager's response to committee recommendations will be made within 30 days of receipt of recommendation. Article 10 - Vacation • No changes. Article 11 - Holidays and Personal Leave • Updates calendar for holidays. • Changes to January 31 the date upon which any time remaining in the holiday bank from the previous year is paid out in cash. Article 12 - Leaves of Absence With Pay Exhaustion of Sick Leave • Requires worker to request a disability leave of absence without pay or a sick leave advance, or use other accrued leave to cover a sick leave absence. Advance of Sick Leave • Clarifies conditions and procedures for requesting a sick leave advance. • Changes approval authority from general manager to operations manager. Performance Evaluation Standard • Clarifies that use of sick leave for a job-related injury will not be considered when determining whether a worker meets the performance standard for attendance. Bereavement Leave • Adds aunt and uncle to the definition of immediate family. Witness or Jury Duty • Clarifies that only workers subpoenaed as a witness in work-related matters are eligible for witness leave. Article 13 - Leaves Without Pay • No changes. Article 14 - Tuition Reimbursement • No changes. Article 15 - Grievance Procedure • No changes. Article 16 - Layoffs • No changes. Article 17 - Disciplinary Procedure • No changes. Article 18 - Probationary Period • No changes. Article 19 - No Strikes/Lockouts • No changes Article 20 - Effect of Agreement • No changes. Article 21 - Savings Clause • No changes Article 22 - Term of Agreement • April 1, 1997 - March 31, 2000 Appendix A - District Salary Table • Expanded table to include Step 270.5 through Step 280. Appendix B - Regular Uniform Items • Adds uniform cap to list of regular items. Appendix C - Catastrophic Leave Program for Serious Illness • No changes. Appendix D - 4/10 Alternate Work Schedule Guidelines 9 No changes. Appendix E - 9/80 Alternate Work Schedule Pilot Program Guidelines e Eliminated; guidelines incorporated into Section 5.3 - Alternate Work Schedules In separate letters (see attached) that are not part of the contract, the District: 1) Agrees to provide the Union with a third party compensation analysis of bargaining unit positions based on updated job descriptions by September 30, 1999. 2) Agrees to amend the draft bicycle patrol draft procedures to state that a) two rangers in each geographical area will be appointed to the bicycle patrol program for a period of 12 months; b) any ranger not assigned to bicycle patrol can participate on a voluntary basis using the additional bicycles assigned to the geographical area; and 3) add bicycle patrol items to the optional uniform list; 3) Agrees to add soft body armor to the rangers' list of provided uniform items, and replace no less than every five years; 4) Agrees to include optional hiking boots in the list of optional uniform items for open space technicians, lead open space technicians, equipment mechanic-operators, and farm maintenance workers on the same basis as rangers; 5) Agrees to provide the Union with a draft public complaint and internal investigation policy by April 1, 1998 for review and comment prior to adoption. Also agrees in conjunction with development of said policy to re-open by April 1, 1998 Article 15 - Grievance Procedure, Article 8 - Evaluations and Merit Pay, and Article 17 - Disciplinary Procedure; 6) Agrees that, prior to the adoption of the public complaint investigation policy described above, the District will follow the procedures in Article 17 when investigating public complaints against bargaining unit members. With respect to rangers, the District will also follow the applicable procedures of the Public Safety Officers' Procedural Bill of Rights Act; and 7) Agrees to commission a study by a qualified consultant to review the Operations Program, including but not limited to law enforcement issues. The bargaining unit will have the opportunity to comment upon and participate in the study. 8) Agrees to request an actuarial report from PERS regarding the 2% @ 50 retirement plan for District rangers. ,_-Regional Open S; --e -------------------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT March 19, 1997 Beth Winters Senior Field Representative Local 715 - S.E.I.U. 2960 N. First Street San Jose, CA 95143 RE: Compensation Analysis Dear Beth: This letter will confirm the District's agreement as follows: By September 30, 1999, the District will provide the Union with a third party compensation analysis of bargaining unit positions based on updated job descriptions. The study will be considered as part of the discussions between the District and the Union in negotiations on the next successor Agreement after the expiration of the term of this Agreement. This agreement is conditioned upon agreement and Board approval of all contract issues. Very truly yours, G f.NZLti r�C c l.�c�YYt�li� Susan M. Schectman APPROVED & AGREED Legal Counsel SMS:jf v i cc: Beth Winters J. Fiddes J. Escobar D. Dolan 3 " Date 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 or Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton Regional Open Sr -e 1 March 12, 1997 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Beth Winters Senior Field Representative Local 715 - S.E.I.U. 2960 N. First Street San Jose, CA 95143 RE: Ranger Bicycle Patrol Dear Beth: This letter will confirm the District's agreement to: 1) Amend the Bicycle Patrol Draft Procedures to state that two rangers, rather than three, will be appointed by each area superintendent to the bicycle patrol assignment for a period of twelve months, rather than twenty-four months. 2) Amend the Bicycle Patrol Draft Procedures to state that any ranger not assigned to bicycle patrol can participate on a voluntary basis utilizing the additional bicycle(s) assigned to the geographical area. 3) Add bicycle patrol items, when approved by the Operations Manager, to the optional uniform list.- This agreement is conditioned upon agreement and Board approval of all contract issues. Very truly yours, Susan M.,Schectman APPROVED & AGREED Legal Counsel SMS:jf Beth Winters cc: J. Fiddes J. Escobar D. Dolan Date 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 o1 Directors:Pete Siemens,Mary C.Davey,led Cyr, David T.Smernoff, Nonette Hanko,Betsy Crowder,Kenneth C.Nitz• General manager:L.Craig Britton Regional Open Sl -e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT February 24, 1997 Beth Winters Senior Field Representative Local 715 - S.E.I.U. 2960 N. First Street San Jose, CA 95143 RE: Replacement of Soft Body Armor and Optional Hiking Boots for Open Space Technicians, Lead Open Space Technicians, Equipment Mechanic Operators, and Farm Maintenance Workers Dear Beth: This letter will confirm the District's agreement to: 1) Add soft body armor to the Rangers' list of provided items. As a provided item, soft body armor will be replaced when damaged and, even if undamaged, will be replaced no less than every five years. 2) Include optional hiking boots in the list of optional uniform items for Open Space Technicians, Lead Open Space Technicians, Equipment Mechanic Operators, and Farm Maintenance Workers on the same basis as Rangers. Open Space Technicians, Lead Open Space Technicians, Equipment Mechanic Operators, and Farm Maintenance Workers may use their uniform allowance to purchase the optional hiking boots. This agreement is conditioned upon agreement on all contract issues. Very truly yours, Susan M. Schectthan APPROVED & AGREED Legal Counsel SMS:jf Beth Winters cc: J. Fiddes J. Escobar D. Dolan �itr.G�i /a2, y y Date 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 or Directors:Pete Siemens, Ntary C. Davey,Jed Cyr,David T.Smernoff, Nonette Hanko,Betsy Crowder,Kenneth C.Nitz• General,"anger:L.Craig Britton �Reuional Open Sp e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT March 10, 1997 Beth Winters Senior Field Representative Local 715 - S.E.I.U. 2960 North First Street San Jose, CA 95134 Dear Beth: By April 1, 1998, District agrees to provide the Union with a draft public complaint and internal investigation policy for its review and comment prior to adoption. District and Union also agree in conjunction with the development of said policy to re-open by April 1, 1998 Article 15 - Grievance Procedure, Article 8 - Evaluations and Merit Pay, and Article 17 - Disciplinary Procedure of the Memorandum of Agreement between S.E.I.U. Local 715 and MROSD for the period of April 1, 1997 - March 31, 2000 and to meet and confer regarding revisions to these Articles. This re-opener is limited to the Articles listed above. This agreement is contingent upon agreement upon and Board approval of all contract issues. Very truly yours, APPROVED AND AGREED: �i �x-f 1E� rUYJ Beth Winters Susan M. Schectman Legal Counsel Date: Q`,�e( SMS:lC cc: J. Fiddes J. Escobar D. Dolan i 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 or Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C. Nitz• General Manager:L.Craig Britton Regional Open Spece 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT March 14, 1997 Beth Winters Senior Field Representative Local 715 - S.E.I.U. 2960 N. First Street San Jose, CA 95143 Re: Investigation of Citizen Complaints Dear Beth: By separate side letter dated March 10, 1997, the District agreed that, by April 1, 1998, it would provide the Union with a draft public complaint investigation policy. In the interim, the District and Local 715 have agreed that when investigating public complaints against bargaining unit members, the District will follow the procedures set out in Article 17 of the Memorandum of Agreement between Local 715 and the District. With-respect to rangers, the District will also follow the applicable procedures of the Public Safety Officers' Procedural Bill of Rights Act, Government Code Sections 3300 et seq. This agreement is contingent upon agreement upon and Board approval of all contract issues. Very truly yours, Susan M. Schectman - APPROVED & AGREED Legal Counsel f' } SMS:lC Beth Winters cc: J. Fiddes J. Escobar D. Dolan Date 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 or Directors:Pete Siemens,Mary C.Davey,Jed Cyr. David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C. Nitz • General Manager:L.Craig Britton Regional Open Sj :e 1 March 10, 1997 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Beth Winters Senior Field Representative Local 715 - S.E.I.U. 2960 N. First Street San Jose, CA 95143 RE: Operations Program Study Dear Beth: By December 31, 1997, the District agrees to commission a study by a qualified consultant to review the Operations Program, including, but not limited to, law enforcement issues. The scope of the study will be determined by the Board of Directors. The District will pay for the study. The bargaining unit will have the opportunity to comment upon and participate in the study. The study will include an interview with each member of the bargaining unit. The participation will include the opportunity to designate three bargaining unit members as liaison (one ranger from each area and one maintenance worker) to meet with the General Manager and Operations Manager during the course of the study to discuss issues of concern. The unit will have the opportunity to send its comments on the draft RFP to the General Manager prior to its distribution. The unit may review the submittals received in response to the RFP and comment on them to the General Manager prior to the District selecting finalists for interview. In addition, one member of the liaison group may participate in the selection of finalists to be interviewed. If the unit is dissatisfied with consultants selected for an interview, the unit may add one additional qualified consultant to be interviewed, provided the consultant has submitted a responsive proposal. The unit may comment on the proposed selection prior to a decision by the Board. The unit may comment on the draft study prior to its submission to the Board and upon the final report when considered by the Board. This agreement is conditioned upon agreement on all contract issues. Very truly yours, APPROVED AND AGREED: Susan M. Schectman Beth Winters Legal Counsel SMS:dd Date: /�/wA cc: J. Fiddes J. Escobar D. Dolan 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• Genera!Manager:L.Craig Britton Regional Open 11' -ice 1 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT March 21, 1997 Beth Winters Senior Field Representative Local 715 - S.E.I.U. 2960 N. First Street San Jose, CA 95143 RE: Compensation Analysis Dear Beth: This letter will confirm the District's agreement as follows: By September 30, 1999, the District will request Ca1PERS to prepare a contract amendment cost analysis for the 2% @ 50 retirement formula for the ranger job classification. This agreement is conditioned upon agreement and Board approval of all contract issues. Very truly yours, Susan M. Schectman APPROVED & AGREED Legal Counsel SMS:lc cc: Beth Winters J. Fiddes J. Escobar D. Dolan Date 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200 FAX:415-691-0485• E-mail: mros(l@ol)ensi)ace.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 RESOLUTION No. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA. REGIONAL OPEN SPACE DISTRICT APPROVING THE MEMORANDUM OF AGREEMENT BETWEEN THE M'DPENINSULA REGIONAL OPEN SPACE DISTRICT AND LOCAL 715, SERVICE EMPLOYEES INTERNATIONAL UNION, AFL-CIO/CLC WHEREAS, Local 715, Service Employees International Union, AFL-CIO/CLC is the exclusively recognized employee organization for the District's Open Space Technicians, Lead Open Space Technicians, Rangers, Equipment Mechanic-Operators, and Farm Maintenance Workers; and WHEREAS, pursuant to California Government Code Section 3500 et seq., representatives of the District and Local 715 have completed negotiations for a Memorandum of Agreement for a term of April 1, 1997 through March 31, 2000; and WHEREAS, the District employees represented by Local 715 ratified the tentative Memorandum of Agreement; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does approve the Memorandum of Agreement between Local 715, Service Employees International Union AFL-CIO/CLC and the Midpeninsula Regional Open Space District, a copy of which is attached hereto and by reference made a part hereof. Agreement between SEIU Local 715 and Midpeninsula Regional Open Space District April 1, 1997 - March 31, 2000 TABLE OF CONTENTS ARTICLE 1 - PREAMBLE . . ARTICLE 2 - UNION RECOGNITION/SECURIT ' . , - • • - . • . - ' • . - ' . • - - • - 1 Section 2.1 - Recognition Y Section 2.2 - Union Security ' ' ' • . . . . . . . . . . . . . . . . . . . . . . . 1 A. New Hires 1 B• Agency Shop/Maintenance ' . . . . ' , ` � � • . . . ' , , , - ' . • � 1 C• Charity Fee D of Membership' ' ' - • ` ' ' ` • 1 eduction D. , , , • , • • • • . . . , , , , , 1 Payroll Deduction E. Revocation of " ' • • . . . , , , , . . - " • • • . . . . . . . . . 1 F. Unit Lists Agency Shoe . . , • . . . . . . . . . . . . . 2 Section 2.3 - Notice Of • ' • . . . . . . . . . . . . . . � ` • • . . . . . . . . . . . . . 2 Section 2.4 Changes . . . . . . . ' ' • • • . . . . . . . . . . . . 2 Section 2,5 - Official Representativ ' ' ' ' ' ' • • • • • • . . . . . , , , - Union Notices es/Release Time , , 2 A. Bulletin And Activities . . . . . ` ' ' ' ' ' ' ' ' • • • • 3 B. Boards , , , , , • . _ • . • • • . . . . . . . . . . . . . 3 Communication ' ' ' • • • • 3 C• Visit by Field Representative. . ' . . . . . . . , ' . . . . . . . . ' , , D. Board Meeting . . . , ' • • . . . . . . . . . . . 3 Section 2.6 - Hold9 Agendas . . . . . . . . . ` ' • • • . . . . . . . 3 Section 2.7 Harmless . . . . . . . . , • . . . . . . . . . . . . . . . . Safety Committee ' • • • . . . . . . . . . . 3 3 ARTICLE 3 - NO DISCRIMINATION , , , , . ' • - . ' ' • • . ' - ' • • ' ' 4 ARTICLE 4 - DISTRICT RIGHTS . . . . , ' • 4 ARTICLE 5 - SCHEDULE • . . . . . . . . . . . . . . . . . . . . . . . . • • 4 S. OVERTIME AND CALL-BACK TIME . , , , Section 5.1 - Overtime A. Work Period , ' • . . . . . . . . . . . . . . 4 B. Overtime ' " " ' • • • • • . . . . , , " ' • • • . . . . . . . 4 C. Compensatory� ame " • . . . . . , , • • • . . . . . . . . , , , , 4 Section 5.2 - Call-Back Time Off ' • • . . . . , , . ' ' • • . . . . . . . . . , 5 A. Rest Breaks ' • • . . . . . . . . . , • 5 B. Meal Period ' . . . . . . . . . . . . . . . . ' . . . . . . . . . . . . , , , 6 C. Minimum Call-Back ' ' ' • • . , , . • . . . . . . . . . . . . . . . 6 Section 5.3 - Alternate • . . . ' . . . . . . . . . � � � ' � ' � • ' 6 A. Work Schedules . , , • . . . . . . . . . . . . . 6 Implementation ' ' ' • • • 6 B. 9/80 Alternate Work Schedule' . . . . . . . . . . . . . ' • • ' ' • ' ' ' ' ' C• Clarification of Guidelines . , , , . . ' � ' ' ' ' ' 6 Contract Provisions • • • • • • . 7 ARTICLE 6 - WORKER DISABILITY COVERAGE/MODIFIED OVERAGE/M . • ' • . • . • • • - • • • • ' • 7 ARTICLE 7: ODIFIED DUTY , , , , • COMPENSATION AND BENEFITS 8 Section 7.1 - Compensation Section 7.2 - Benefits • . . . . . . . . . . . . . . . • . ' • . . . . . . . . ' . , 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 A. Medical Insurance . . , , - B. Dental Insurance • • • . . . . . . . • , • - C. Vision Care • . . . . . . , , • 10 D. Basic Life Insurance' . . . . , . . . . . , • . . . . . . . . . . . . . . . . . 11 F. Optional Benefits . . . . . . , • . . . . . . . . . . . . . . . . . . . 1 1 Part-Ti • • • • . . . . 2 F. me Workers . . . . . . . . . • ' • • • - . . . . . . . 12 State Disability Insurance (SDI) • • • • • • • ' ' 12 H• Employee Assistance • • • • • I• Lon Program (EAP). . _ • . . . . . . . . . . . . . 12 Long-Term Disability Plan • • ' ' 12 J. Retirement • • • • • . . . . . . . . • : . . . . . . . . K. Section ' ' • • • . . . . . . . . . . . . . . . . . . . . . . . 12 Section 7.3 125 Cafeteria Plan . , , , , , . 12 Section 7. - Promotional Compensation . , , , - � � ' ' ' • ' ' ' • • • • - • . 12 Acting Appointments Section7.5 . . . . . . • • - : - • • . . . . . . . . . . . . . 12 Sec - Night Shift Differential , • • ' ' ' ' ' • • • • • • • • • . 13 Section 7.6 - Split-Shift Differential • - • ' ' ' Section 7.7 - Paychecks . . . . . . . . . . . . . . . . . . • • • . . . . . 13 13 ARTICLE 8 - EVALUATIONS AND MERIT PAY • , - . • ' • • • • • • ' . • - • • • • " • 14 Section 8.1 - General Evaluation ' ' ' ' ' Section 8.2 - Schedule Procedures . . , • • , • . . • ' ' ' ' ' ` • • • • 14 Of Evaluations ' ' 14 A. Probationary Workers • • • � • - " " " • • • . . . . . . . . 14 B. Regular Workers ' • • . . . . . . . . . . . . . . . . . . . Section 8.3 - Overall • . . . . . . . . . . . . . • • • . . ' • - . . . . . . . • 14 Ratings/Merit Increases ' ' ' 15 A. Meets Standard ' . . . . . . . . • ' ' • . . • • ' 15 B. Below Standard ' . . . . . . . . . . . . . . . . ' • - . . . • • ' 15 Section 8.4 - Appeal Procedure • . . + . . . . . . . . . Section 8.5 . . . . . . . . . , • • . . . . . . . . . . . . . 15 - Remediation Process , - 16 ARTICLE 9 - UNIFORMS ' ' ' ' ` • • - 16 Section 9.1 - New Hires . • • • � • - " " " • • • • • • Section 9.2 - Allowance • ' • . . . . . . . . . . . . . . . • • . . . . . . . . . . . 17 Section 9.3 Amount . . . . . . • . . . • . • . . . . . . . . . . . 17 Eligibility/Prorating ' • •Section 9.4 - Full Allow • • • . . . . . . . . . . . . • ' . . . . . . . . . . . Section 9.5 once 17 - Direct U . . . . . . . . . . , , • . • . . . . . . . . . . . 17 Use and Responsibility - • • 17 Section9.6 - Provided ) ' • • • • • • • � . - � • ' • ' � ' • � Section9,? Items . • • • , • , " ' • • • • • • - • . 17 - Boots, Coveralls, Raincoats, Rainponts- . • • • • * • ' . ' ' • 17 Section 9.8 - Boot Replacement Section 9.9 - Bic . . . . . . . . . . . . . . . • . . . . . . . . . . . 18 Section Bicycle Patrol Uniforms , . , ' ' ' ' ` • • • • • . . . 18 9.10- Uniform Committee . . . . . . . . ' ` • . . . . . . . . 18 . . . . . . . . ARTICLE 10: VACATION • • ' ' ' • • • • • 18 Section 10.1 Accrual Rates• • ' • - . " . . • Section 10.2 - Accrual Limits 19 Section 10. • Usage mits and Carry-Over . - • • : ' ' ' ' ' • • • • • 19 3 20 A. Increments • ' • . . . . . • . . . . . . . . . . . . . . . . . . . . . . . • 20 B. Scheduling . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . 20 20 Section 10.4 - Restrictions - Probation Section 10.5 - Cash-Out Upon Termination • . . . . . . ' . . .. . . . . . . ' ' ' ' • • • 20 20 ARTICLE 11 - HOLIDAYS AND PERSONAL LEAVE Section 11.1 - Holidays . . . , • • " " " " " ' • • • • 21 A. Calendar 21 B. Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 C. Observance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 D. Pro-rating . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 E. Holidays During Vacation • ' • • ' • " ` ' ' ' ' • • • • 21 F. Holiday Falls on Day Off . ' . . . . ' ' . ' . . ' ` ` . ' ' ' ' • • • • 21 G. Work On Holiday - Compensation• ' ' • • • ' ' ' ' ' • • - 21 H. Holiday Bank 21 Section 11.2 - Personal Leave " " " " " • • • • • 22 A. Amount 22 B. Pro-rating . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 C. Notification and Scheduling - • • • • • • • - • ' ' " ' • • ' ' ' ' ' ' 22 D. Increments . . . . . . . . . . . . . . . . . . . . . . 23 E. No Carry-over or Payoff . . . . . . . . , • • • • • ' ' ' ' ' ' • • • 23 23 ARTICLE 12 - LEAVES OF ABSENCE WITH PAY . • , • , , Section 12.1 - Sick Leave . . . ' ' ' ' ' ' • • • • • • • • 23 A. Accrual 23 B. Usage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 C. Reporting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 D. III on Holiday . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 E. III on Vacation ' • • ' • • " 25 F. Integration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 G. Physician Statement 25 H. 25 H. Exhaustion of Sick Leave • • • • • • • = 25 1. Sick Leave Conversion Program . . . . . . . . . . ' ' ' " . ' • • • • 25 J. Advance Sick Leave + • • • ' ` " ' ' ' ' ' ' • ' • • • 25 K. Abuse of Sick Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 L. Performance Evaluation • • • ' 'Standard • . ' ' . ' . ' '. . . ' ' '. ' ' ' ' ' • • • 26 Section 12.2 - Bereavement Leave • • • • • • 26 A. Length of Leave 26 B. Definition 26 Section 12.3 - Witness or Jury Duty Leave . • • • • • • • - ' ' ' ' ' ' • • • • 26 Section 12.4 - Military Leave • . . . ' ' ' ' ' . ' ' ' • . • • • • • • 26 Section 12.5 - Catastrophic Leave . . . . . . ' . . . ' . . . ` ' ' ' ' . • • • • . 27 27 ARTICLE 13 - LEAVES WITHOUT PAY . . . . . . . . . . . . . . . Section 13.1 - Worker Disability/Family Care Leave • • • ' ' ' ' • ' • • • = 27 A. Duration . . . • . . . . . . . . . . . . . . 27 B. Request/Verification. . . . . . . . . . . . . . . . . . . ' . . . . . . . . 27 C. Use of Accrued Sick Leave - • • . ' • • • ' . . . . . . ' ' ' ' . ' ' 28 - Vacation . . . . . . . . . . . . . . 28 D. Benefit Premiums E. Physical Exam 2$ F. Intermittent or Reduced Leave • • ' • • • ' ' ' • • ' ' 28 G. Pregnancy . . . . . . . . . . . . . . . . . . . . . . 28 Section 13.2 - General Leave.for Other Than • • • � � • � • - ' ' ' ' ' ' ' 29 Worker Disability/Family Care Leave . . . . . . . A. Duration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 B. Request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 C. Benefit Premiums . . . . . . . . . . . . . . . . . . . ' . . . . . . . 29 D. Parental Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 . of • ' - • . • • . - . • ' • • ' ' ' • • 29 Section 13.3 - Adjustment Anniversary Date/Vacation Accrual/Seniority . . . . . . . . . . . ARTICLE 14 - TUITION REIMBURSEMENT . . . . . . Section 14.1 - Preamble • • " " • • • • • • • 29 Section 14.2 - Approval . . " " " • • • • • 29 Section 14.3 - Reimbursement ' ' • • • ' ' ' • • ' ' ' ' ' ' ' ' • • • • 30 30 ARTICLE 15 - GRIEVANCE PROCEDURE . . . . ' - • ' ' • ' - ' ' ' ' ' ' ' ' ' • • • • - 30 Section 15.1 - Definitions Section 15.2 - Step ) . , , • ' • • • • - " " " " " " • • • • • • 30 Section 15.3 - Step 11 . . . . ' . . • 30 Section 15.4 - Step 111 . . • ' 31 Section 15.5 - Step IV • • " " ' • • • • • • 31 Section 15.6 - General Provisions " " " • • • • • 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 ARTICLE 16 - LAYOFFS Section 16.1 - Seniority Defined . . . . . . . . ' . . . . . . . . . . . . . . • • • • • 33 Section 16.2 - Consideration of Layoff - Notice to Union • . . . . ' - ' ' ' ' • 33 Section 16.3 - Order of Layoff . . . ' ' ' • • • • • - • 33 Section 16.4 - Notice to Workers • • - • • • " " " ' • • • • • • 33 Section 16.5 - Alternatives to Layoff . . . • . ' . . . . . ' ' ' ' . ' . ' ' • • • • • 33 A. Claim Vacancies . ' - • • ' • • ' • " . . 34 B. Displacement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 C. Rate of Pay . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . 34 Section 16.6 - Re-employment Lists . . . . . . . ' ' ' ' ' . ' ' 34 Section 16.7 - Rights Restored . . . . . , • • • - • - " " " ' '' ' 34 34 ARTICLE 17 - DISCIPLINARY PROCEDURE . . . . . . • - ' • " ' • " " " " " 34Section 17.1 - Preamble . • . . • . . . . . . . . . . . ' . ' ' ' ' 34 Section 17.2 - Principles And Procedures . . ' . . . . . ' ' ' ' ' ' ' ' • • • • • 35 Section 17.3 - Grounds For Discipline T • • • • • " " " " " " • • • • • • • 35 Section 17.4 - Warning Types Of Discipline 35 A. Counseling 35 B. Oral Warning 35 C. Written Warning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i D. Reprimand Section 17.5 - Property Loss Discipline' • • . . . . . .. . . . . .. . . . ' ' ' ' ' • • • • 36 • . . . A. Suspension . . . . . . . . . . . . . 36 B. Demotion 36 C. Discharge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Section 17.6 - Appeal . 37 Section 17.7 - Notice of Investigation. ' • ' • ' • • ' ' • - ' ' ' ' ' • • • - 37 Section 17.8 - Notice Of Discipline ' • - ' ' ' ' ' ' ' ' ' ' ' • • • • 37 Section 17.9 - Electronic Recording • , , , , • ' - ' ' ' ' ' ' ' ' ' • • • • 37 ARTICLE 18 - PROBATIONARY PERIOD . 38 Section 18.1 - Length Of Probation • ' ' • ' ' - • ' ' ' ' ' ' • • • • 38 A. Initial Hires " " " " " ' • ' • • • • • • • 38 B. Promotional Appointments• - ' • ' • ' - • • ' ' ' - ' ' ' ' ' • • - • 38 Section 18.2 - Leaves Of Absence/Extension Of Probation - ' . . ' . ' ' ' • 38 Section 18.3 - Rights On Probation ' ' ' • ' • • • - - 39 Section 18.4 - Vacation Time On Probation ' . . . ' ' ' ' • ' • • 39 Section 18.5 - Rejection From Original Probation ' ' - - • ' ' - ' - ' ' 39 Section 18.6 - Rejection From Promotional Probation• ' ' ' ' ' ' ' ' ' 39 - Seniority And Probation Section 18.7 39 _ ' Section 18.8 - Evaluation Of Probationary Workers . . . . ' . . . ' ' ' . ' . 39 39 ARTICLE 19 - NO STRIKES/LOCKOUTS ARTICLE 20 - EFFECT OF AGREEMENT ARTICLE 21 - SAVINGS CLAUSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE 22 - TERM OF AGREEMENT SIGNATURE PAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . APPENDIX A - DISTRICT SALARY RANGES APPENDIX B - REGULAR UNIFORM ITEMS APPENDIX C - CATASTROPHIC LEAVE PROGRAM . . . . • 48 APPENDIX D -- 4/10 ALTERNATE WORK SCHEDULE GUIDELINES ARTICLE 1 - PREAMBLE This Memorandum of Agreement (hereinafter, "Agreement") is entered into b Midpeninsula Regional Open Space District, a public agency, Y the (hereinafte and Local 715, Service Employees International Union, F O r, "District") "Union"). This Memorandum of Agreement incorporates bythisCreference all appendices attached. ARTICLE 2 - UNION RECOGNITION/SECURITY Section 2.1 - Recognition Pursuant to Resolution #89-52, passed November 8, 1989, Midpeninsula Regional Open Space District recognizes Local 715 SEIU as exclusive bargaining representative for all workers in the classifications of Ranger, Lead Open Space Technician, Open Space Technician, Equipment Mechanic Operator, and Farm Maintenance Worker. Section 2.2 - Union Security A. New Hires When a person is hired in any of the covered job classifications, the District shall notify that person that the Union is the recognized bargaining representative for the worker's representation unit and give the worker a current copy of the Agreement. In addition, the District shall have new hires complete an authorization form for payroll deduction of union dues or service fee in amounts determined by the Union. The service fee amount shall not exceed the standard periodic dues and general assessments of the Union and shall not include amounts to be contributed to the Union's Committee on Political Education (C.O.P.E.). B. Agency Shop/Maintenance of Membership Bargaining unit members employed by the District as of the ratification date of this Agreement shall, within 30 days of ratification, either join the Union and authorize payment of Union dues, or authorize payment of the service fee or the charity deduction described in Section 2.1(C) below. Bargaining unit members who are members of the Union shall maintain their membership in the Union for the duration of this Agreement, provided, however, that workers may resign Union membership and opt for agency fee status during the two week period immediately following ratification of a successor agreement. Workers desiring to resign Union membership must notify the Union and the District by certified mail. C. Charity Fee Deduction To qualify for deduction of the charity fee, in lieu of paying dues or an agency fee, the worker must certify to the Union and the District that s/he is a member 1 of a bona fide religious body whose traditional tenets or teachings include objections to joining or financially supporting public The deduction shall not be forwarded to the har tyuntil hle Union has'zations notified the District that the Union has approved the exemption. The Union will receive from the District quarterly proof of payment equivalent to service fees to the United Way or other non-religious, non-labor charitable fund chosen by the bargaining unit member. D. Payroll Deduction The District shall deduct Union membership dues or service fees and any other mutually agreed upon payroll deductions from the bi-weekly pay of bargaining unit members, including contributions to the Union's Committee on Political Education (C.O.P.E.) authorized in writing by unit members. A worker who has authorized the C.O.P.E. deduction may revoke such authorization at any time by written notice to the Union and the District. The dues deduction must be authorized in writing by the worker on an authorization card acceptable to the Union and the District. In the event a bargaining unit member fails to authorize one of the options in Section 2.2(B) above, the Union shall notify the District who shall begin involuntary payroll deductions of service fees commencing with the following pay period. The District shall remit the deducted dues and other fees to the Union as soon as Possible after the deduction. E. Revocation of Agency Shop The agency shop provisions of this Article may be revoked by the Union membership in the manner provided under Section 3502.5(b) of the California Government Code. In the event of revocation, provisions for Maintenance of Membership shall remain in force. F. Unit Lists Upon request from the Union, but not more than once every six (6) months, the District shall supply the Union with a list of names, addresses, and classifications of all unit workers except those who file written notice with the District objecting to release of addresses, in which case information will be transmitted without address. The District shall supply the Union with a list of representation unit new hires, terminations and retirements which occurred during the previous month. Section 2.3 - Notice Of Changes The Union shall be informed reasonably in advance in writing by the District before any proposed changes not covered by this Agreement are made in benefits, working conditions or other terms and conditions of employment which require the meet and confer or meet and consult process. 2 Section 2.4 - Official Representatives/Release Time Up to three (3) Union representatives from the bargaining unit will receive reasonable amounts of release time from their duties, with no loss of pay or benefits, for purposes of collective bargaining, meeting and conferring or meeting and consulting. The Union shall notify the District of the three (3) official representatives from the unit. The parties agree, however, that specific alternates may be designated for particular functions or meetings. Section 2.5 - Union Notices And Activities A. Bulletin Boards The District agrees to provide bulletin board space for Union notices at both field offices (Skyline and Foothills). If the Union posts any material which the District deems inappropriate, the Union agrees to meet to discuss the challenged material within 48 hours (excluding holidays and weekends) of notice from the District. B. Communication The Union may distribute information and material to and receive information and material from workers through normal channels. For purposes of this Section, normal channels shall refer to the District's Pony system, facsimile machine and telephone. The Union agrees that it will utilize the Pony system as its primary communication method and will limit its use of the facsimile machine to the distribution of time-sensitive material. C. Visit by Field Representative The Union Field Representative (paid staff) may have access to unit workers at either field office (Skyline and Foothills). The Field Representative shall be allowed reasonable contact with workers, provided such contact does not interfere with workers' work. Prearrangement for contact with unit members shall be made with the Operations Manager. D. Board Meeting Agendas The District shall provide the Union with agendas for Regular and Special Meetings of the Board of Directors and requested packet materials at no charge. Agendas shall be mailed to the Union office prior to the respective Board meetings. Section 2.6 - Hold Harmless The Union agrees that it shall assume the defense of, indemnify and hold harmless the District and its officers, agents and employees from all suits, actions, damages or 3 claims of every name and description, to which the District may be subjected or put by reason of application or enforcement of the provisions of this Section, excepting any liability arising out of the negligence or other fault of the District. Section 2.7 - Safety Committee The bargaining unit shall choose three field staff representatives to the District safety committee. The representatives shall come from the bargaining unit at large, except no more than two shall come from any geographical area. When there are two from the same geographical area, they must be from different classifications. (For purposes of this section, Open Space Technician, Lead Open Space Technician, Equipment Mechanic-Operator and Farm Maintenance Worker are considered one classification.) ARTICLE 3 - NO DISCRIMINATION No District worker shall be discriminated against because of race, religion, creed, political affiliation, union activity, color, national origin, ancestry, sex, sexual orientation, age, familial status, or physical or mental disability. ARTICLE 4 - DISTRICT RIGHTS Except as expressly limited by this Agreement, and as thereafter amended or modified, it is understood and agreed by the Union that the District retains all of its powers to direct, manage and control the affairs of the District to the full extent of the law. Included in, but not limited to, those duties and powers are the exclusive right to: determine its organization; direct the work of its employees; determine the times and hours of operation; determine the kinds and levels of services to be provided and the methods and means of providing them; establish District policies, goals and objectives; maintain the efficiency of District operations; acquire District property; build, move or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; and contract out work. In addition, the District retains the right to hire, classify, assign, evaluate, promote, terminate and discipline employees. ARTICLE 5 - SCHEDULES, OVERTIME AND CALL-BACK TIME Section 5.1 - Overtime A. Work Period The work period for workers shall be regular and recurring, commencing at 12:00 a.m. on Monday and ending at 11:59 p.m. on Sunday. 4 The work period for workers on the 9/80 alternative work schedule shall be regular and recurring, commencing at 11 :00 A.M. on Monday and ending at 10:59 A.M. on the following Monday. Except for emergency situations declared by the General Manager or Board of Directors, the following shall apply: 1. Rangers shall be assigned to a shift of either a) five days per week, eight continuous hours per day with two consecutive days off or b) an alternate work schedule as defined below in Section 5.3. 2. Open Space Technicians/Lead Open Space Technicians/Equipment Mechanic-Operators/Farm Maintenance Workers shall generally be assigned to a shift of either a) five days per week, of eight continuous hours each with two consecutive days off or b) an alternate work schedule as defined below in Section 5.3. B. Overtime Overtime shall be defined as that time authorized and actually worked by a worker in excess of forty hours within the work period. Overtime work may be ordered or authorized by the Operations Manager, Area Superintendent, or the worker's immediate supervisor. Any hours in paid District status will count as "hours worked" for purposes of determining overtime. Workers shall be compensated at the rate of one-and-one-half times the worker's regular hourly rate of pay for hours worked in excess of forty hours in the work period. C. Compensatory Time Off Workers may request compensatory time off (CTO) in lieu of overtime pay. Use of CTO shall be approved in advance by the supervisor. CTO shall be computed and used as follows: 1. If the worker wants to take the CTO in the same 40-hour week in which the extra hours were worked, s/he will request the time off from his/her supervisor. Such CTO will be computed at a straight time rate. 2. If the worker does not request and use the CTO in the same 40-hour week in which the extra hours are worked, the CTO will be accumulated for use or cashout at a later time. Such CTO shall be computed at a rate of one and one-half times the overtime hours worked. The request for CTO shall be made when the worker submits his/her time card. Workers may accumulate up to thirty-three and one-third hours of extra hours (50 hours of CTO). Once the cap is reached, workers shall be paid for all overtime worked. 5 Workers may cash out all or a portion of their accumulated CTO at any time. The request must be made in writing and submitted with the worker's time card. Section 5.2 - Call-Back Time Rangers on call-back time away from their residences are entitled to rest breaks and meal periods as follows: A. Rest Breaks After two consecutive hours the Ranger is entitled to a 10-minute paid rest break. B. Meal Period After four consecutive hours, the Ranger is entitled to a 30-minute meal period. The meal period may be paid or unpaid on the same basis as meal periods during the regular shift. C. Minimum Call-Back Any worker not residing in District housing called back to work from his/her residence outside of his/her regular work hours will receive a minimum of two hours of call-back time paid at time and one-half. Any worker residing in District housing called back to work from his/her residence outside of his/her regular work hours will receive a minimum of one-half hour of call-back time paid at time and one-half. A worker who must appear in court on District business outside of his/her regular work hours will receive a minimum of two hours of callback time paid at time and one-half as long as the court appearance does not overlap with his/her scheduled shift. Section 5.3 - Alternate Work Schedules A. Implementation The 4/10 schedules shall be made available to Rangers pursuant to the guidelines contained in Appendix D and 9/80 schedules shall be made available to Open Space Technicians/Lead Open Space Technicians/Equipment Mechanic- Operators in each geographical area and to Rangers assigned to maintenance work crews subject to the guidelines below. A "4/10 schedule" shall normally be four consecutive ten-hour work days preceded by or followed by three consecutive days off. A "9/80 schedule" shall normally be alternating between weeks of five consecutive work days (one of eight hours, four of nine hours) followed by three consecutive days off, and weeks of four consecutive work days (of nine hours each) followed by two consecutive days off. 6 B. 9/80 Alternate Work Schedule Guidelines 1. For 15 consecutive pay periods starting in the pay period that contains April 7, these workers shall normally be assigned work days alternating between weeks of one eight hour day followed by four consecutive nine hour days and three consecutive days off, then four consecutive nine hour days and two consecutive days off. 2. The District reserves the right to make work period and work schedule adjustments to address the business needs of the District, including, but not limited to: volunteer projects, special events, training, special work assignments, and other project staffing needs. C. Clarification of Contract Provisions The parties agree that implementation of 4/10 and 9/80 schedules requires modification or clarification of certain terms and conditions described in this Agreement. Specifically: Article 10 - Vacation It is understood that the term "days" as used in this Article refers to eight-hour days. Vacation accrual and usage are defined by "hours." Section 11.1 - Holidays C. Observance. If a worker on a 4/10 or 9/80 schedule observes a scheduled holiday, s/he shall receive eight hours paid time off and shall use enough hours from the Holiday Bank, Compensatory Time Off, Personal Leave or accrued vacation to equal the appropriate number of scheduled hours for that day. F. Holiday Falls on Day Off. If a holiday falls on a day off for a worker on a 4/10 or 9/80 schedule, eight hours shall be added to the worker's Holiday Bank, except that a worker on a 9/80 schedule shall have as his/her holiday the Tuesday following a Monday holiday that falls on his/her scheduled day off. G. Work on Holiday -- Compensation. A worker on a 4/10 or 9/80 schedule who works a scheduled holiday may choose either of the two options listed in this section as follows: 1. The worker will be paid time and one-half for all hours worked on the day of the holiday; eight hours will be credited to the Holiday Bank. 2. The worker will be paid double time and one-half for eight hours and time and one-half for hours beyond eight. 7 Section 12.1 - Sick Leave It is understood that the term "days" as used throughout this Section refers to eight-hour days. Sick leave accrual and usage are defined by "hours." D. III on Holiday. A worker on an alternate work schedule who is sick on a scheduled holiday shall receive holiday pay for eight hours and may use accumulated sick leave for the remaining hours. ARTICLE 6 - WORKER DISABILITY COVERAGE/MODIFIED DUTY If, during the performance of assigned duties, an on-duty worker sustains an on-the- job injury covered by workers' compensation, the District shall augment workers' compensation, long term disability, and other benefits in order to provide for full pay for the disabled worker up to a maximum of 90 days without use of the worker's accrued leave time, except that the worker must use accrued leave time to cover the 3-day waiting period for workers' compensation temporary disability payments, unless the worker is hospitalized as an inpatient or unable to work more than 14 days. Worker Disability Coverage will also apply to follow-up medical appointments that occur during work time as a result of an industrial illness or injury covered by workers' compensation. Worker Disability Coverage will not be provided if the District offers the worker a modified duty assignment within the worker's medical limitations and the worker declines the modified duty assignment. In cases of injury or illness, including pregnancy, a worker may return to work for modified duty at his/her regular rate of pay upon approval of District administration in consultation with the worker's treating physician. Approval for modified duty shall be based upon the District's ability to provide work consistent with the worker's qualifications, medical limitations, and the length of time of the limitations. The District may consult a physician in determining the workers work limitations. If there is disagreement between the worker's doctor and the District's doctor, the District may seek a second opinion from its doctor or seek a third doctor's opinion. Modified duty requests shall be made to the worker's immediate supervisor with appropriate documentation from the treating physician specifying the nature and duration of the work limitations. The immediate supervisor shall review the request and the documentation for completeness and forward them to the appropriate administrative officer for action. Workers on modified duty must be willing to accept any modified duty assignment, schedule and/or work location within the District. 8 The worker will remain at the worker's regular rate of pay (Y-rating) during modified duty assignment for a period of six months, at which time the rate of pay for the assignment will be subject to reevaluation. The six month period shall begin on the first day served in the modified duty assignment. The duration of the modified duty assignment is subject to the needs of the District. The provisions of this section are not intended to create any permanent modified duty assignment. If there are more workers who could accept modified duty than there are assignments, and the workers are comparably qualified, preference will go to those injured on the job. ARTICLE 7: COMPENSATION AND BENEFITS Section 7.1 - Compensation A. Effective April 1, 1997: The salary range for Rangers shall be from step number 229 to step number 254 on the District salary schedule. (See Appendix "A") The salary range for Open Space Technicians shall be from step number 216 to step number 241 on the District salary schedule. (See Appendix "A") The salary range for Farm Maintenance Workers shall be from step number 216 to step number 241 on the District salary schedule. (See Appendix "A") The salary range for Lead Open Space Technicians shall be from step number 221 to step number 246 on the District salary schedule. (See Appendix "A") The salary range for Equipment Mechanic-Operators shall be from step number 239 to step number 264 on the District salary schedule. (See Appendix "A") All incumbents in bargaining unit positions shall receive a three (3) point cost- of-living adjustment above current step effective April 1, 1997. B. Effective April 1, 1998: The salary range for Rangers shall be from step number 230 to step number 255 on the District salary schedule. (See Appendix "A") The salary range for Open Space Technicians shall be from step number 217 to step number 242 on the District salary schedule. (See Appendix "A") 9 The salary range for Farm Maintenance Workers shall be from step number 217 to step number 242 on the District salary schedule. (See Appendix "A") The salary range for Lead Open Space Technicians shall be from step number 222 to step number 247 on the District salary schedule. (See Appendix "A") The salary range for Equipment Mechanic-Operators shall be from step number 240 to step number 265 on the District salary schedule. (See Appendix "A") All incumbents in bargaining unit positions shall receive a one (1) point cost-of- living adjustment above then-current step effective April 1, 1998. C. Effective April 1, 1999 The salary range for Rangers shall be from step number 232 to step number 257 on the District salary schedule. (See Appendix "A") The salary'range for Open Space Technicians-shall be from step number 219 to step number 244 on the District salary schedule. (See Appendix "A") The salary range for Farm Maintenance Workers shall be from step number 219 to step number 244 on the District salary schedule. (See Appendix "A") The salary range for Lead Open Space Technician shall be from step number 224 to step number 249 on the District salary schedule. (See Appendix "A") The salary range for Equipment Mechanic-Operators shall be from step number 242 to step number 267 on the District salary schedule. (See Appendix "A") All incumbents in bargaining unit positions shall receive a two (2) point cost-of- living adjustment above current step effective April 1, 1999. Section 7.2 - Benefits A. Medical Insurance The following medical plans are available to District workers: 1) Kaiser - "S" coverage, 2) Takecare, and 3) Santa Clara County Employee Preferred 100 Plan as provided to the District as a sub-group of Santa Clara County. For the life of the contract, the District agrees to continue the policy of paying the full monthly premium for the second-least expensive individual coverage of the three listed above and the full monthly premium for the least expensive family coverage of the three listed above, plus an increased amount not to exceed $15 per month toward the cost of the second least expensive family medical coverage. 10 If the premiums for the medical plan selected by the worker exceed the premiums for the provided medical insurance coverage listed above, the worker shall be responsible for paying the difference in the cost of the premiums through biweekly payroll deductions. The District shall pay any increased amount above current worker contribution levels from July 1, 1997 through the open enrollment period for 1997, from July 1, 1998 through the open enrollment period for 1998: and from July 1, 1999 through the open enrollment period for 1999. If a worker can prove that he or she is currently covered under a private or a spouse's medical plan, basically equivalent to that provided by the District, the worker is eligible to apply one-half of the base single medical insurance premium coverage amount to 1) optional benefit costs and premiums and/or 2) the District's deferred compensation program in his or her name. If a worker retires from the District, the worker is eligible to continue his or her medical plan coverage during retirement and shall be responsible for paying the full cost of the medical plan premium. The District agrees to provide same-sex domestic partner medical coverage in the plans listed above at the same level of contribution it pays for family coverage, if the plan(s) allow for the domestic partner's enrollment. Domestic partner shall be defined as in Section 12.1 (13)(4). B. Dental Insurance The following dental plan is available to District workers: Delta Dental Plan as provided to the District as a sub-group of Santa Clara County. For the life of the Agreement, the District agrees to continue the policy of paying the full premium cost of the dental plan for workers and dependents. If a worker can prove that he or she is currently covered under a private or a spouse's dental plan, basically equivalent to that provided by the District, the worker is eligible to apply one-half of the base dental insurance premium coverage amount to 1) optional benefit costs and premiums and/or 2) the District's deferred compensation program in his or her name. The District agrees to provide same-sex domestic partner dental coverage in the plan listed above, if the plan allows for the domestic partner's enrollment. Domestic partner shall be defined as in Section 12.1 (13)(4). C. Vision Care For the term of the Agreement, the District agrees to implement and maintain a Vision Care Plan for workers and dependents as a sub-group of Santa Clara County. The District will pay the full premiums of the vision coverage. The District agrees to provide same-sex domestic partner vision coverage in the 11 plan listed above, if the plan allows for the domestic partner's enrollment. Domestic partner shall be defined as in Section 12.1 (13)(4). D. Basic Life Insurance For the term of the Agreement, the District agrees to provide basic life insurance coverage equivalent to one times annual salary. E. Optional Benefits The District shall offer the following optional benefits to workers: 1) Supplemental Group Life Insurance; 2) Accidental Death and Dismemberment Insurance. F. Part-Time Workers Medical, dental and basic life insurance benefits for regular part-time (one-half time or greater) workers shall be administered on a pro-rata basis. G. State Disability Insurance (SDI) For the term of this Agreement, the District agrees to continue payroll deduction of State Disability Insurance premiums for all workers. H. Employee Assistance Program (EAP) The District shall enroll all bargaining unit workers in an Employee Assistance Program and shall pay the full cost of the program. 1. Long-Term Disability Plan For the term of the Agreement, the District agrees to maintain the Long-Term Disability Plan as provided by GroupAmerica Insurance Company. The District will pay the full premiums of the Long-Term Disability Plan. J. Retirement By June 30, 1997, the District agrees to contract with the California Public Employees' Retirement Systems (PERS) to provide the local miscellaneous 2% at 55 Retirement Plan. The District shall pay on behalf of all unit members covered under PERS the currently required employee contribution to this Plan. K. Section 125 Cafeteria Plan For the term of the Agreement, the District agrees to offer a cafeteria plan in accordance with Internal Revenue Code Section 125 that includes, but is not limited to, dependent care expenses and reimbursement of medical, dental and other health expenses. Section 7.3 - Promotional Compensation A worker promoted to a class having a higher salary range shall be appointed at the beginning of the salary range of the new class or receive an adjustment equivalent to five points above the worker's present salary (limited to the top of the new salary range), whichever is greater. In addition, the worker will receive an adjusted merit pay increase (limited to the top of the new salary range) based on the number of months worked since the last annual evaluation in accordance with the following schedule: 12 Months* Worked Since Merit Pay Last Annual Evaluation Increase 1 month 0.0 points 2 months 0.5 points 3 months 1.0 points 4 months 1 .5 points 5 months 2.0 points 6 months 2.5 points 7 months 3.0 points 8 months 3.5 points 9 months 4.0 points 10 month 4.5 points 11 + months 5.0 points *Month is equivalent to 30 days. Add total days since last annual evaluation and divide by 30. Round off to nearest month. In the case of a promotional probation, a worker, upon successful completion of a six- month probation in the new position or an overall "Meets Standard" evaluation at six months if serving a nine-month probation for a Ranger position, is eligible for a five point increase if appointed at the beginning step of the salary range. If a worker is appointed above the beginning step of the salary range, the worker, upon successful completion of a six-month probation in the new position or an overall "Meets Standard" evaluation at six months if serving a nine-month probation for a Ranger position, is eligible for an increase equivalent to the number of steps that will place him/her five points above the beginning of the salary range. Section 7.4 - Acting Appointments A worker assigned by the General Manager to perform the work of a higher classification, normally due to a position vacancy or a temporary absence of a worker due to vacation, illness, or short-term leave, shall be paid at least five points more than his or her current salary or the minimum salary range assigned to the higher classification, whichever is greater, for a specific period of time designated by the General Manager, as long as the acting appointment exceeds five consecutive working days. After the five working-day threshold, acting pay shall be retroactive to the first day a worker is assigned the higher classification responsibilities. Section 7.5 - Night Shift Differential Workers shall receive a differential of $1 .50 per hour for each hour actually worked between 7:00 p.m. and 6:00 a.m. on any shift. The $1 .50 differential shall apply to overtime hours the same as straight time hours. Section 7.6 - Split-Shift Differential Workers shall receive a differential of $20.00 per workday for each split-shift actually worked. Differential pay shall be reserved to split-shifts required to be worked by the District, not those requested by the worker. 13 Section 7.7 - Paychecks Workers who have Wednesday as a regularly-scheduled day off may pick up their paycheck at the District office during regular business hours on their own time on the Tuesday before payday. The checks will be ready by 5 P.M. ARTICLE 8 - EVALUATIONS AND MERIT PAY Section 8.1 - General Evaluation Procedures A. For the term of this Agreement, the District agrees to use the evaluation forms developed in negotiations between the panties when evaluating Rangers, Lead Open Space Technicians, Open Space Technicians, Equipment Mechanic- Operators, and Farm Maintenance Workers. B. Evaluations will normally be done one-on-one, between the worker and his/her immediate supervisor. If the District wants a second supervisor or administrator to take part in a particular evaluation, the worker will have the right to Union representation during the evaluation. C. Workers who have concerns about their evaluation shall have the right to schedule a follow-up meeting, with Union representation, with the immediate supervisor to discuss those concerns. This meeting is informal and does not constitute an appeal. D. The parties agree that any individual rating on an area other than "Meets Standard" requires an entry under "Remarks." E. The parties agree that any individual rating of "Below Standard" on any area must be based on incidents about which the worker was warned at the time they occurred. The supervisor will make clear to the worker that a warning pursuant to this section is taking place. An interim evaluation may be utilized as a warning pursuant to this section. Section 8.2 - Schedule Of Evaluations A. Probationary Workers 1. 6-Month Promotional Probation - Workers serving a six-month promotional probation shall receive an interim evaluation from their supervisor after three months of employment and after five months of employment. 2. 9-Month Probation - Workers serving a nine-month probation shall receive an interim evaluation from their supervisor after three months of employment, after six months of employment and after eight months of employment. An overall "Meets Standard" evaluation at six months will result in an 14 automatic ..,e-point increase in pay. If the overall rating at six months is "Below Standard," the five-point increase will occur upon successful completion of probation. 3. 12-Month Probation - Workers serving a twelve month probation shall receive an interim evaluation from their supervisor after three months of employment, after six months of employment, and after eleven months of employment. An overall "Meets Standard" evaluation at six months will result in an automatic five-point increase in pay. If the overall rating at six months is "Below Standard," the five-point increase will occur upon successful completion of probation. B. Regular Workers 1. Regular workers will receive Interim Evaluations after twelve (12) months of service and every twelve (12) months thereafter. Interim evaluations are progress reports and do not result in merit pay increases. 2. Regular workers will receive Merit Evaluations after eighteen (18) months of service and every twelve (12) months thereafter(unless the evaluation date is adjusted pursuant to Section 8.5 herein) until they reach the top of their salary range. Merit evaluations result in merit pay increases as provided below. Section 8.3 - Overall Ratings/Merit Increases A. Meets Standard 1. Ranger, Equipment Mechanic-Operator, and Lead Open Space Technician No more than 4 areas of performance are rated Below Standard. A Meets Standard rating will result in an automatic five-point merit increase. 2. Open Space Technician and Farm Maintenance Worker No more than 3 areas of performance are rated Below Standard. A Meets Standard rating will result in an automatic five-point merit increase. B. Below Standard 1. Ranger, Equipment Mechanic-Operator, and Lead Open Space Technician More than 4 areas of performance are rated Below Standard. A Below Standard rating will result in no merit pay increase, but shall be subject to the Appeal Procedure (Section 8.4 below) and the Remediation Process (Section 8.5 below) i 15 2- Open Sp, , Technician and Farm Maintenance Worker More than 3 areas of performance are rated Below Standard. A Below Standard rating will result in no merit pay increase, but shall be subject to the Appeal Procedure (Section 8.4 below) and the Remediation Process (Section 8.5 below). C. Below Standard ratings in the same area(s) of performance that are consecutive (two in a row, both interim and merit considered) may result in a worker being placed on a more frequent evaluation schedule to address and improve the worker's below standard performance in the rating area(s). Special evaluations under this subsection shall not exceed one per month and will be limited to the performance area(s) rated below standard. Section 8.4 - 4peal Procedure In the event of an overall Below Standard evaluation (regular workers only), affected workers may appeal the rating using the following procedure. A. Appeals shall be in writing and shall be filed with the General Manager no later than ten (10) days after receipt of the evaluation. B. Appeals must be based on the charge that the supervisor abused his/her discretion. "Abuse of discretion" shall mean basing the evaluation on information that is not factual and/or exercising disparate treatment in the evaluation of different workers. C. Within thirty (30) days of receipt, a panel shall convene to consider the appeal. The panel shall consist of (1) a District representative; (2) the worker's representative; and (3) the General Manager or his/her designee. D. The decision of the panel is final. In the event the decision involves changing the overall rating to Meets Standard, the automatic five-point increase shall be effective (retroactive to) the worker's original evaluation date. Section 8.5 - Remediation Process In the event of an overall rating of Below Standard that is not changed on appeal (see Section 8.4 above), the worker shall be in remediation. The purposes of remediation are: 1) to give the worker and the supervisor an opportunity to work together on correcting deficiencies identified in the evaluation; 2) to give the worker an opportunity to achieve a Meets Standard rating. A. The period of remediation shall be no longer than nine (9) months from the original evaluation date. B. Workers on remediation will be reevaluated three (3) months, six (6) months and nine (9) months (if necessary) following the original evaluation date. C. If any of the evaluations in "B" above result in a Meets Standard overall rating, the worker shall receive a five-point merit increase effective the date of that evaluation. The worker's evaluation anniversary date (defined in Section 8.2 16 (13)(2) above) a .,i also be adjusted to the date of that evaluation. D. Failure to attain a Meets Standard overall rating within the nine-month (9) period may result in disciplinary action pursuant to Article 17. However, denial of the merit pay adjustment under this article shall not extend beyond the nine- month (9) remediation period. ARTICLE 9 - UNIFORMS Section 9.1 - New Hires Newly-hired workers in the bargaining unit shall receive their initial regular uniform items from the District at no cost to the workers. For the list of regular uniform items, see Appendix B. Section 9.2 - Allowance Amount Effective April 1, 1997, the annual allowance for replacing worn-out regular or optional uniform items shall be $273 for all bargaining unit workers. Effective April 1, 1998, the annual allowance for replacing worn-out regular or optional uniform items shall be $287 for all bargaining unit workers. Effective April 1, 1999, the annual allowance for replacing worn-out regular or optional uniform items shall be $301 for all bargaining unit workers. The District shall pay any additional cost for oversized uniform items that are commercially available (not custom or tailored items). Section 9.3 - Eligibility/Prorating Workers will become eligible to use the uniform allowance at the completion of their probationary period. With respect to the time between the probationary period completion date and the next April 1, the allowance shall be prorated based on a full year's allowance. Section 9.4 - Full Allowance Workers shall have access to a full year's uniform allowance on April 1 following their probationary period completion date and every April 1 thereafter. Section 9.5 - Direct Use and Responsibility Workers shall use the uniform allowance directly with vendors, without prior approval from supervisors. It shall be the workers' responsibility to monitor the use of their own allowance; any expenditures which exceed the allowance must be reimbursed to the District. Section 9.6 - Provided Items (No Cost) In addition to the uniform allowance in Section 9.2 above, the District shall continue to provide items it has provided in the past at no cost to the worker. All items covered by this section remain the property of the District and shall be returned to the District upon separation from District employment. 17 Section 9.7 - Boots, C. rails, Raincoats, Rainpants In addition to Section 9.6 above, the District agrees to provide work boots, coveralls, and adequate rainpants and adequate hooded raincoats to the workers. These items shall be replaced at the request of the worker on approval of the Supervising Ranger. The District agrees to provide steel-toed work boots at worker's request. All items covered by this section, with the exception of work boots and optional raingear purchased all or in part with uniform allowance money, remain the property of the District. Section 9.8 - Boot Replacement As to replacement of boots, there shall be an option to rebuild rather than replace under the following conditions: A. In the event the Supervisor agrees a pair of boots needs to be replaced, but the boot is not significantly damaged, the Supervisor may opt to have the boots rebuilt instead of replaced, except that: This option shall not apply to the first pair of boots any worker seeks to replace under this Article; and A single pair of boots may be rebuilt at the Supervisor's option only once. B. Workers may opt to rebuild the same pair of boots, without limitation, and pay for the repairs from the uniform allowance. This worker option shall be completely separate and independent from the District's obligation to replace the boots with a new pair. Section 9.9 - Bicycle Patrol Uniforms The District agrees to provide each Ranger when initially assigned to bicycle patrol one pair of long bicycle pants and one bicycle jacket. Any Ranger who is subsequently assigned to bicycle patrol after his/her initial year in the bicycle patrol program will receive an additional $50 of uniform allowance for each year the Ranger is reassigned to bicycle patrol. The bicycle long pants and jacket will become the property of the Ranger after the completion of the one year initial assignment. Rangers not assigned to the bicycle patrol program who participate on a voluntary basis in the bicycle patrol program shall be provided or reimbursed for the bicycle patrol uniform items listed in Section 9.9 after the Ranger has performed 50 hours of bicycle patrol. Section 9.10- Uniform Committee The parties agree to establish a joint Uniform Committee which shall be advisory to the District during the course of the Agreement. Bargaining unit representation on the Committee shall be one Ranger and one Lead Open Space Technician/Open Space Technician/Equipment Mechanic-Operator/Farm Maintenance Worker of the unit's choice. District representation shall be no more than two members of the Operations Manager's choice. 18 The Uniform Committer. ,all meet quarterly or upon specia. .dquest to the Operations Manager to discuss topics including but not limited to: (a) finding replacements for uniform items no longer available; (b) discussing and evaluating the need for new or modified items; (c) discussing and evaluating modifications in the District's uniform policy; and (d) examining and making recommendations on prototypes of new uniform items. The quarterly meetings may be canceled in the event there is no agenda pertaining to uniform issues. With prior approval from the Operations Manager, District will obtain sample uniform items being considered by the Committee. The role of the Committee is to make recommendations to the Operations Manager regarding uniform issues. The Committee's recommendation(s) to the Operations Manager and the Operations Manager's response to the recommendation(s) shall be in writing. The Union shall receive copies of any such recommendations and, upon request, will be given the opportunity to meet and confer before the District acts upon them. The Operations Manager's response to the recommendation shall be provided within 30 days of receipt of the written recommendation of the Uniform Committee. ARTICLE 10: VACATION Section 10.1 Accrual Rates A. Bargaining unit members shall accrue fully-paid vacation according to the following schedule: Years of Accrual per Days/Year Service Hour Paid (Full-Time) 1 - 2 0.03846 hr 10 3 - 4 0.04615 hr 12 5 - 9 0.05769 hr 15 10 - 14 0.07692 hr 20 15 - 19 0.08077 hr 21 20 - 24 0.08846 hr 23 25+ 0.09615 hr 25 *Days/year for part-time bargaining unit members will be automatically pro- rated to the same percentage as their hours per week bear to 40. It is understood that the term "days" as used in this article refers to eight-hour days. Vacation accrual and usage are defined by "hours." B. Temporary (seasonal) workers who provide service to the District in consecutive fiscal years prior to being hired to fill a regular position shall be credited with the service time for vacation accrual purposes only. 19 Section 10.2 - Accrua, mits and Carry-Over Bargaining unit members may accrue up to two times the amount of their annual vacation time. Members who reach this accrual limit will not accrue any additional vacation days unless and until the amount of their accrued vacation time falls below the accrual limit. Section 10.3 - Usage A. Increments Vacation shall not be taken in increments of less than four hours, excluding integration of vacation hours with Worker's Compensation and/or State Disability Insurance, for full-time bargaining unit members or one-half time the length of a regular workday for part-time members. Bargaining unit members may request other exceptions to the four-hour increment on a case by case basis (e.g., to attend classes). B. Scheduling For vacations of a week or longer, workers shall submit a vacation request by December 1 of the preceding year. To the extent there are conflicting vacation requests, approval of vacation will be made on the basis of seniority. For purposes of this rule, "conflicting vacation requests" shall pertain to conflicts within the same job classification and work station. For vacation requests submitted by December 1, with which there are no conflicting_ requests, the vacation request shall be approved. Workers may submit requests for vacations of a week or more after December 1, provided the request is submitted with 90 days advance notice. Said requests shall be reviewed on a first come-first served basis. If there are no "conflicting vacation requests", the request shall be approved. If unanticipated vacation needs arise during the course of the year, requests shall be submitted no later than the first Friday of the current work schedule. Such requests shall be approved with due consideration for the desires of the staff and for the work requirements of the work location. Emergency vacation requests, meaning requests that cannot be submitted within the timelines outlined above, will be considered on a case by case basis by the member's supervisor. Section 10.4 - Restrictions - Probation Probationary workers may not use accrued vacation time during their probationary period unless special permission is granted by the Operations Manager. Section 10.5 - Cash-Out Upon Termination Upon termination, regular bargaining unit members shall be compensated at their current hourly rate of pay for any vacation accrued but not used. Terminating members will receive their vacation cash-out with their final paycheck. 20 ARTICL_ 11 - HOLIDAYS AND PERSONAL &EAVE Section 11.1 - Holidays A. Calendar The calendar for the 11 .5 holidays each year during the term of this agreement will be: 1997 1998 1999 2000 New Year's Day - Jan 1 (TH) Jan 1 (F) Dec 31 (F)' Martin Luther King Jr. Day - Jan 19 (M) Jan 18 (M) Jan 17 (M) President's Day - Feb 16 (M) Feb 15 (M) Feb 21 (M) Memorial Day May 26 (M) May 25 (M) May 31 (M) - Independence Day July 4 (F) July 3 (F)' July 5 (M)' - Labor Day Sept 1 (M) Sept 7 (M) Sept 1 (W) - Columbus Day Oct 13 (M) Oct 12 (M) Oct 11 (M) - Veteran's Day Nov 11 (T) Nov 11 (W) Nov 11 (TH) - Thanksgiving Nov 27 (TH) Nov 26 (TH) Nov 25 (TH) - Day after Thanksgiving Nov 28 (F) Nov 27 (F) Nov 26 (F) - Last four hours of workday preceding Christmas Day Dec 24 (W) Dec 24 (TH) Dec 23 (TH)' - Christmas Day Dec 25 (TH) Dec 25 (F) Dec 24 (F)' - 'see Section 11.1(c) below. B. Eligibility A unit member who is in paid status during the scheduled shifts before and after the holiday shall be eligible for paid holiday benefits as described in this Article. C. Observance For Monday through Friday workers, a holiday that falls on Saturday shall be observed on the preceding Friday and a holiday that falls on Sunday shall be observed on the following Monday. For unit members scheduled to work Saturday and Sunday, holidays will be observed on the actual day they occur. D. Pro-rating Regular part-time workers are eligible for the same paid holidays on a pro-rata basis according to the average number of hours they work. E. Holidays During Vacation Holidays which occur during a unit member's vacation shall not be charged against vacation time. F. Holiday Falls on Day Off When a holiday falls on a unit member's day off, the worker shall receive the corresponding number of hours added to the "Holiday Bank." [See Section 11 .1(H)] G. Work On Holiday - Compensation A unit member who works on a scheduled holiday has two choices for compensation. (Workers on 4/10 schedule, see Section 5.3.B) 21 1) One and c ialf times his or her normal p, ,lus the corresponding number of hours added to the "Holiday Bank." [See Section 11 .1(H).] 2) Two and one-half times his or her normal pay. H. Holiday Bank In the event of a holiday falling on a day off, or a unit member exercising option (1) after working a holiday, eight hours (or a pro-rated amount for part-time workers) will be added to the worker's "holiday bank" for use or cashout at a later date. (For full-time workers, the appropriate number of hours for the day before Christmas is four.) The "holiday bank" will be administered according to the following provisions. 1. Time from the holiday bank must be used in eight hour (i.e., full-day) increments; however, if the total balance remaining in the bank is less than eight hours, the worker shall be allowed to use the balance subject to #3 below. 2. Workers may use accumulated holiday time to cover portions of scheduled vacations. 3. Unit members who wish to schedule time off covered by the holiday bank during the course of the year shall submit requests no later than the first Friday of the current work schedule. Such requests shall be approved with due consideration for the desires of the staff and for the requirements of the work location. 4. Any time remaining in the "holiday bank" from the previous calendar year shall be paid in cash at the current rate of pay on January 31 of the succeeding calendar year. 5. Unit members who terminate during the calendar year shall be paid for all time remaining in their holiday bank at the current rate of pay. 6. Unit members assigned to work the last four hours of the workday preceding Christmas Day and/or Christmas Day may use in advance (for time off scheduled after December 1) all or part of the hours from these holidays that the unit member elects to add to his or her "holiday bank." Section 11.2 - Personal Leave A. Amount On each January 1, unit members shall receive 16 hours of personal leave for use before January 31 of the following year. B. Pro-rating Regular part-time workers shall be eligible for a pro-rated number of hours of personal leave according to the average number of hours they work. 22 A unit member hi during the course of the year wi ceive a pro-rata number of personal leave hours for the remainder of that year. If a worker terminates during the course of the year, having used more personal leave hours than the portion of the year worked, the worker will reimburse the District for the difference. C. Notification and Scheduling With forty-eight hours advance notice and supervisor approval, a worker may use personal leave at his/her discretion. In emergency situations, supervisors may approve use of Personal Leave with less than forty-eight hours' notice. Except in emergency situations, workers do not need to give any reasons for use of personal leave. D. Increments Personal leave must be taken in one-hour minimum increments. E. No Carry-over or Payoff Unit members have until January 31 of the year following the year in which hours become available (i.e., a total of 13 months) to use personal leave time. No hours from the previous year will be carried over beyond January 31 of the current year. The District will continue to encourage unit members to use their personal leave balance before the hours are lost. Unit members will not receive reimbursement for unused personal leave time upon termination. ARTICLE 12 - LEAVES OF ABSENCE WITH PAY Section 12.1 - Sick Leave A. Accrual All workers shall accrue sick leave with full pay at a rate of 0.04615 hours per hour paid, exclusive of overtime, for a total of 12 days per year for full time workers. Sick leave shall accrue from the date of employment and may be accumulated on an unlimited basis. The worker's sick leave balance shall be recorded on his/her paycheck stub. B. Usage 1. Workers are eligible to use sick leave for the following reasons: a) Personal illness or physical disability. b) Quarantine by a physician. c) Illness or disability of an immediate family member or domestic 23 par requiring the worker to be una% .ble for work, subject to Section 4 below. d) Worker's Compensation. e) Health care appointments, including medical, dental, vision, and employee assistance program appointments. 2. Sick leave for any of the reasons above shall be recorded on the worker's time card and must be used in increments of one hour except for health care appointments. 3. No less than one-half hour of sick leave may be charged for a health care appointment, and sick leave usage over one hour will be computed in tenths of an hour. 4. A worker may use up to six days per year to care for a member of his/her immediate family or his/her domestic partner requiring the worker to be unavailable for work. This six-day limit may be extended by the General Manager on a case-by-case basis for good cause. Immediate family is defined as a worker's husband, wife, son, daughter, father, mother, brother, sister, grandmother, grandfather, father-in-law, mother- in-law, and any relative of the worker living in the worker's household. For purposes of Article 12, the domestic partner of a worker is defined as an unmarried person who resides with the worker and has done so for a period of at least six months, and who intends to reside with the worker indefinitely and share the common necessities of life. Domestic partners will be required to complete, sign and file with the District an "Affidavit of Domestic Partnership." C. Reporting 1) Non-Urgent Health Care Appointments:Workers will schedule non-urgent health care appointments in advance and shall notify their immediate supervisor of such appointments as early as possible. If notice to the supervisor occurs 72 hours or more in advance of the appointment, any disapproval of sick leave time off shall be accompanied by a written statement from the supervisor explaining the reasons. 2) Any worker who is unable to report to work because of any of the reasons in Section 12.1 (B) shall report the reason for absence to his or her immediate supervisor, or any other supervisor on duty at the geographical area. In the event the worker's supervisor or other supervisor at that geographical area is unavailable, the worker will make every effort to contact responsible District personnel and advise of his or her absence. The absence shall be reported by the worker by the designated starting time each day he/she is unable to report to work, unless physically unable to do so. For a prolonged illness, special arrangements regarding notifying a supervisor may be made. 24 D. III on Holiday If a worker is ill on a designated holiday, the holiday shall be charged as holiday time and shall not be charged against sick leave. E. III on Vacation A worker who is injured or who becomes ill while on vacation may petition the Personnel Officer to be paid for sick leave in lieu of vacation provided that the worker: a) was hospitalized during the period for which sick leave is claimed, or b) received medical treatment or diagnosis and presents a statement indicating illness or disability signed by a physician covering the period for which sick leave is claimed. Requests for sick leave in lieu of vacation shall be approved if the provision(s) noted above are satisfied. F. Integration Workers eligible for State Disability Insurance or Worker's Compensation benefits may integrate accrued sick leave and vacation with those benefits in amounts necessary to equal (but not exceed) a full paycheck. During the period of integration, a worker shall remain in paid status, with full benefits, and shall continue to accrue paid vacation and sick leave for the number of paid District hours used for integration. G. Physician Statement A worker absent on paid sick leave five days or more will be required to submit to his/her immediate supervisor verification from a physician or licensed practitioner of his/her illness or injury and ability to return to work. A worker absent on paid sick leave three days or more in order to care for an immediate family member or domestic partner under Section 4 will be required to submit to his/her immediate supervisor verification from a physician or licensed practitioner of the family member's or domestic partner's illness or injury. H. Exhaustion of Sick Leave If a worker exhausts his or her entire bank of accrued sick leave and remains unable to return to work for any of the reasons listed in Section 12.1(B), the worker may request a disability leave of absence without pay subject to Article 13, or an advance of sick leave subject to Section 12.1 (J). In the absence of such leave being granted, the absence shall be charged to other accrued leave. 1. Sick Leave Conversion Program Upon resignation,, separation from service, or retirement from District employment, workers in good standing with ten (10) or more years of District employment shall receive a cash payment of the equivalent cash value of accrued sick leave as follows: 25 Years of employr Percentage of equivalent & value of accrued sick leave 10-15 20% 16-20 25% 21 or more 30% J. Advance Sick Leave If a worker has exhausted or will exhaust his or her accrued sick leave, up to 10 days of sick leave may be advanced to a worker by the Operations Manager on a case-by-case basis to cover the worker's absence. The request must be made in writing to the Operations Manager in advance of the absence for which the sick leave is requested. The Operations Manager may request supporting statements from the worker's health care provider. Upon termination, the worker must reimburse the District for any advanced sick leave not covered by subsequent accrual. K. Abuse of Sick Leave Abuse of the sick leave privileges shall be cause for disciplinary action in accordance with Articles 15 and 17 of the Memorandum of Agreement. L. Performance Evaluation Standard When determining whether a worker meets the performance evaluation standard for punctuality and attendance, use of sick leave for an illness or injury covered by workers' compensation will not be considered. Section 12.2 - Bereavement Leave A. Length of Leave A leave of absence with pay not to exceed 24 consecutive working hours will be granted a worker in the event of the death of a member of his or her immediate family. The worker may also use accrued sick leave to provide a total of 40 hours of paid leave when travel to distant locations or other circumstances require the worker's absence in excess of three days. Workers on an alternate work schedule may use sick leave or other accrued leave to equal the appropriate number of scheduled work hours for the scheduled work week taken as bereavement leave. B. Definition For purposes of bereavement leave, "immediate family" shall mean the mother, father, grandmother, grandfather, son or daughter, aunt or uncle of the worker or the spouse or domestic partner (as defined in Section 12.1) of the worker, and the spouse, son-in-law, daughter-in-law, brother, sister, grandchild, brother- in-law, or sister-in-law of the worker, or any relative living in the immediate household of the worker. Section 12.3 - Witness or Jury Duty Leave A leave of absence will be granted a worker subpoenaed as a witness in a matter related to an event or transaction involving the employee which occurred in the course 26 of his/her duties or ca for jury duty as long as any npensation the worker receives for such duty, except for meal and mileage reimbursements, is waived or signed over to the District. Regularly scheduled work time lost because of such duty shall not affect the worker's accrual of vacation, sick, or personal holiday time. A worker shall report to work if placed on call or telephone standby if not in conflict with instructions of the court. Section 12.4 - Military Leave A worker who is a member of the National Guard or a reserve component of the Armed Forces of the United States shall be granted a temporary, short-term military leave with pay, up to one month in one fiscal year, when he or she receives bona fide orders to temporary active or training duty. Such leave, which shall be requested in writing from the Personnel Officer, shall be granted without loss of time, pay or other leave and without impairment to merit ratings or other rights or benefits to which the worker is entitled unless the worker fails to return to his or her position at the District immediately following the expiration of the period for which he or she is ordered to duty or fails to reimburse the District for any compensation received from the United States Government for services rendered while on military leave from the District. Section 12.5 - Catastrophic Leave The District agrees to continue the Catastrophic Leave Program appearing as Appendix C of this agreement. ARTICLE 13 - LEAVES WITHOUT PAY Section 13.1 - Worker Disability/Family Care Leave A. Duration A regular worker who has (a) exhausted sick leave and vacation balances or (b) has chosen not to use sick leave and vacation balances, and who is unable to return to work due to illness, injury, or pregnancy, will be granted a leave of absence without pay for up to six months in any consecutive 12-month period which begins on the first day of the leave of absence without pay. In addition, a worker with at least one year of service will be granted a family care leave of absence without pay for up to four months in any consecutive 12-month period (which begins on the first day of the leave of absence without pay) for the birth or adoption of a child, or care of the worker's spouse, domestic partner, child or parent if the individual has a serious health condition. A serious health condition is an illness, injury, impairment or physical or mental condition that involves in-patient care at a hospital, hospice, or residential medical facility or continuing treatment of a health care provider. An extension on a month to month basis of up to an additional six months for a worker disability leave of absence without pay or eight months for a family care leave of absence without pay may be granted by the General Manager, upon written request, on a case by case basis. 27 B. Request/Verificat A worker requesting such a leave shall make the request in writing to the General Manager for approval and attach supporting statements from the attending health care provider regarding the worker's or family member's health condition. Such statements must indicate that the duration of the leave requested is necessary for the worker's recovery from the disability, or for the care of the family member. C. Use of Accrued Sick Leave - Vacation A worker on disability leave may use accrued vacation and sick leave prior to commencing a disability leave of absence without pay. During the period the worker uses accrued vacation and sick leave, vacation and sick leave benefits shall continue to accrue at the regular rate, but shall be discontinued on the date when all such paid benefits have been used. Leave of absence without pay shall commence at that time. If a worker elects not to use accrued vacation and sick leave prior to commencing a disability leave of absence without pay, the worker may be required to use accrued vacation and sick leave to the extent available for the fifth and sixth months of his/her worker disability leave. A worker on family care leave may use accrued vacation and sick leave subject to any restrictions on use of sick leave to care for family members in Section 12.1 . During the period the worker uses accrued vacation and sick leave, vacation and sick leave benefits shall continue to accrue at the regular rate, but shall be discontinued on the date when all such paid benefits have been used or when the worker elects to stop using such paid benefits. Leave of absence without pay shall commence at that time. D. Benefit Premiums The District shall continue to provide and pay the premiums for health, dental, life insurance, and other insurance benefits to the same extent provided other workers up to three months while the worker is on disability/family care leave of absence without pay. If the leave extends beyond three months, the worker may elect to continue such benefits for the duration of the leave, and premiums for such extended coverage shall be paid by the worker. Such extension(s) of coverage shall be subject to any restrictions in the applicable benefit policy or plan. E. Physical Exam A worker on leave due to disability as described above may be subject to a complete medical examination by a District selected physician, paid for by the District, in order to ascertain whether or when the worker is able to resume his or her work assignments. If there is disagreement between the worker's doctor and the District's doctor, the District may seek a second opinion from its doctor or seek a third doctor's opinion. F. Intermittent or Reduced Leave If the leave is for the worker's disability or for the care of a child, spouse, domestic partner or parent with a serious health condition, the leave may be taken intermittently or on a reduced leave schedule (equivalent in time to 28 Section A above), -)vided it is medically necessary, a be scheduled without adversely affecting the operations of the District, and is approved by the General Manager. G. Pregnancy A worker may continue to work during pregnancy as long as it is the judgment of her supervisor that she is able to perform the normal duties of her position in a satisfactory manner. The worker's physician may be required to certify that performance of her job duties is not endangering the health of the worker or the fetus. In the case of a pregnant worker, the District will investigate the possibility of whether modified duty assignments can be made in order to allow the worker to continue to work for a longer period of time during her pregnancy. Section 13.2 - General Leave for Other Than Worker Disability/Family Care Leave A. Duration A regular worker with at least one year's service may request a leave of absence without pay or fringe benefits for up to six months. B. Request Request for such leave shall be directed in writing to the General Manager for approval and shall contain justification for the leave. C. Benefit Premiums The worker may elect to continue any or all insurance coverage during a general leave by paying the full costs of the premiums. D. Parental Leave A worker of either gender may request general leave for purposes of caring for his/her children (either natural or adoptive). Section 13.3 - Adjustment of Anniversary DateNacation Accrual/Seniority If a worker is on leave of absence without pay (except leave for industrial injury or illness) in excess of two complete pay periods, his/her anniversary date for purposes of evaluation, pay increases and vacation accrual shall be extended by the number of days included in the period of leave without pay. The worker's seniority shall also be adjusted to reflect the number of days on leave without pay. ARTICLE 14 - TUITION REIMBURSEMENT Section 14.1 - Preamble All bargaining unit members are encouraged to pursue educational opportunities which directly relate to their work, as well as other opportunities which will add to general education and/or skill level, and those which will help prepare the worker for promotion and/or future job assignments within the District. Bargaining unit members must attend classes on their own time. 29 - I Section 14.2 Approva Workers will receive reimbursement, subject to Section 14.3 below, for courses which are of benefit to both the District and the worker. Application shall be made only on forms provided by the District and submitted to the immediate supervisor for review and processing. Application for reimbursement must be approved in advance of taking the course. Approval of courses for which a worker may receive reimbursement shall be made by the appropriate administrative officer. To the extent an otherwise approved course conflicts with the worker's work schedule, the worker's immediate supervisor may consider adjustments to the worker's work schedule and/or use of paid leave time to resolve the conflict. Section 14.3 - Reimbursement Workers will receive reimbursement for books and tuition for approved courses, passed with a grade of "C" or "credit". The maximum reimbursement per fiscal year per worker is $300. Any expenses besides books and tuition shall be evaluated and reimbursement approved on an individual basis by the appropriate administrative officer. The District agrees to establish a yearly fund of $1000 for the bargaining unit. ARTICLE 15 - GRIEVANCE PROCEDURE Section 15.1 - Definitions A. A "grievance" is a formal allegation by a member of the bargaining unit who has been adversely affected by an alleged violation of the specific provisions of this Memorandum of Agreement (MOA) or the District's Personnel Rules. B. A "disciplinary grievance" is a formal objection or challenge to any punitive disciplinary action including reprimand, suspension, demotion and discharge. Specifically excluded from the definition of disciplinary grievance is "employee counseling", "oral warning" and "written warning" as defined in the Discipline Section of the MOA (Article 17). C. A "grievant" is any unit member, group of members, or the Union adversely affected by an alleged violation of the specific provisions of the MOA or the District's Personnel Rules. D. For purposes of this Section, a working day is any day that District administrative offices are open for business. Section 15.2 - Step I A. A grievant shall present the grievance orally to the grievant's immediate supervisor within fifteen 0 5) working days after the grievant knew, or reasonably should have known, of the event or events on which the grievance is based. The immediate supervisor shall conduct whatever investigation is 30 necessary to obt the facts pertaining to the Brie% ;e. Within fifteen (15) working days after receiving notice of the grievance, the immediate supervisor shall give the grievant a reply. B. If the grievant is not satisfied with the reply of his/her immediate supervisor, the grievant may appeal the grievance to Step II. C. In the case of a disciplinary grievance, the affected worker may proceed directly to Step IV after imposition of the challenged disciplinary action. Section 15.3 - Step 11 A. If the grievant desires to appeal the grievance to Step 11, the grievance shall be reduced to writing and presented to the grievant's Area Superintendent within fifteen (15) working days following receipt of the immediate supervisor's reply. B. The written grievance shall contain a complete statement of the grievance, specific facts upon which the grievance is based, the specific provisions of the MOA and/or Personnel Rules claimed to have been violated, and the remedy requested. The grievance shall be signed and dated by the grievant and/or the steward and/or the Union staff representative. C. At the request of either side a meeting will be held between the grievant's Area Superintendent, the grievant and the appropriate Union representative to attempt to resolve the grievance informally. In any event, the Area Superintendent shall give a written decision to the grievant within fifteen (15) working days following receipt of the written appeal to Step 11, with a copy to the Union office. D. If the grievant is not satisfied with the decision, the grievant may appeal the grievance to Step Ill. Section 15.4 - Step Ill A. If the grievant desires to appeal the grievance to Step III, the grievant/Union shall notice the appeal on the original grievance form and present the grievance to the Operations Manager and a copy to the Personnel Officer within fifteen (15) working days following receipt of the written decision at Step 11. B. In evaluating the appeal at Step III, at the request of either side, a conference shall be held between the Operations Manager, in consultation with the Personnel Officer, and the grievant and his/her representative in an attempt to resolve the matter informally. With forty-eight (48) hours notice to the District, the Field Representative may join the grievant and the steward in the Step III conference. In any event, the Operations Manager shall issue a written decision on the grievance within fifteen (15) working days of receipt of the appeal, with a copy to the Union office. 31 C. If the grievant is satisfied with the decision at , p III, the grievant may appeal to Step IV. Section 15.5 - Step IV A. Any appeal not resolved at Step III may be appealed in writing, with copies of the Step II and Step III responses, to the General Manager with a copy to the Personnel Officer, within fifteen (15) working days of receipt of the Step III response. In lieu of submitting the appeal directly to the General Manager, the grievant may submit the appeal to advisory arbitration pursuant to "B", "C" and "D" below. In the event the grievant elects to have his/her appeal heard initially by the General Manager without resort to advisory arbitration, the appeal shall be submitted in writing to the General Manager, with copies of the Step.11 and Step III responses. Within fifteen (15) working days of receipt of the appeal, the General Manager shall convene a hearing for the purpose of reviewing the evidence surrounding the issue of the grievance. The General Manager shall issue a final written decision within fifteen (15) working days of the hearing. A copy of the decision will be sent to the Union office. B. In the event the grievant elects to submit an appeal to advisory arbitration, he/she shall submit written notice of said election within fifteen (15) working days of receipt of the Step III response. Thereafter, the parties shall jointly request the State of California Mediation and Conciliation Service to provide a list of seven (7) persons qualified to act as arbitrators. Absent the parties reaching a stipulation as to an arbitrator, the parties shall meet as soon as practical to select the arbitrator. The right to strike the first name shall be determined by lot and the parties shall alternatively strike one name from the list until only one name remains, and that person shall serve as the arbitrator. C. The arbitrator shall hold a hearing on the issue submitted, or as determined by the arbitrator if the parties have not mutually agreed upon the issue, and render a written decision. The conduct of the arbitration proceedings shall be governed by California Code of Civil Procedure Section 1280 et seq. The arbitrator's decision shall be advisory to the General Manager, who may accept, reject or modify the arbitrator's decision based upon a review of the record as a whole. The decision of the General Manager shall be final and binding. The parties understand that judicial review of the General Manager's decision is available under California Code of Civil Procedure Section 1094.5. D. The parties agree that any and all costs associated with advisory arbitration, including but not limited to such items as court reporters, transcripts and the arbitrator's fee shall be divided equally between the parties. Each party shall bear their own cost of representation. In the event the General Manager modifies or rejects the arbitrator's recommendation in a grievance of property loss discipline as defined in Article 17.5 herein to the detriment of the grievant(s), the District shall pay the full cost of the court reporter and the arbitrator. 32 Section 15.6 - General ,isions A. With respect to Steps 11 through IV of the grievance procedure, the time for filing, responding to and appealing grievances to subsequent steps shall be fifteen (15) working days from the date on the grievance, response, or appeal document. All timelines in this article (including Step 1) may be waived by mutual agreement in writing. If the grievant/Union fails to file a grievance or move a grievance to the next step within the proper time limits (absent agreement to waive), the grievance shall be considered settled on the basis of the District's response at the prior step. If the District fails to respond to a grievance within the proper time limits, the grievant/Union may move the grievance to the next step. B. Union representatives may be granted time off from duty to process grievances provided that forty-eight (48) hours advance notice is provided to the Operations Manager. No more than one Union representative shall be allowed release time to process a grievance. The number of District workers at grievance hearings shall be limited to the grievant(s) and one Union representative. The union representative shall not be a person subject to or involved in the matter which is the subject of the grievance. The Union Field Representative may also attend a grievance hearing. ARTICLE 16 - LAYOFFS Section 16.1 - Seniority Defined For purposes of this Article, "seniority" shall be by classification and shall be defined as time served in that classification and any higher classification. Section 16.2 - Consideration of Layoff - Notice to Union When the District determines that a layoff is necessary within the bargaining unit, it shall give the Union at least thirty (30) days notice. Such notice shall describe the classifications affected and the circumstances requiring the layoff. Upon request, the Union shall be afforded the opportunity to meet with the District to discuss the impact of layoffs on bargaining unit members. Section 16.3 - Order of Layoff When one (1) or more workers performing in the same classification are to be laid off, the order of layoff shall be as follows: a) Seasonal workers. b) Probationary workers in inverse order of seniority. c) Regular workers in inverse order of seniority. Section 16.4 - Notice to Workers Workers subject to the provisions of this Article shall be given at least twenty (20) working days written notice prior to the effective date of layoff. The Union shall 33 receive concurrent notic the procedures of Section 16.5 . 1 be applied prior to the effective date of the layoff. Section 16.5 - Alternatives to Layoff A. Claim Vacancies Any affected unit member may claim a vacancy in a classification formerly held. If such classification is below the one currently held, the worker will have re- employment rights (Section 16.6) to the original classification. B. Displacement An affected unit member may bump the least senior worker in a lower classification previously held provided the affected worker is otherwise qualified to fill the lower classification. Seniority in the lower classification will be time spent in that classification plus any higher classification. Workers who bump into a lower classification will have reemployment rights (Section 16.6) in their original classification. C. Rate of Pay In the event of claiming a vacancy or bumping into a lower classification, the unit member's rate of pay in the lower classification shall be determined as follows: 1. If the step held in the higher classification occurs in the lower classification, the rate of pay will remain the same. 2. If the step held in the higher classification does not occur in the lower classification, the rate of pay shall be the highest step of the lower classification. Section 16.6 - Re-employment Lists Unit members who are laid off shall be placed on a re-employment list for their current classification and for each lower classification previously held. Workers reassigned as an alternative to layoff pursuant to Section 16.5 shall be placed on a re-employment list for their original classification. As vacancies become available, workers will be recalled from the appropriate re-employment list(s) in seniority order. Section 16.7 - Rights Restored Upon re-employment of a unit member from a re-employment list, all rights acquired prior to his/her placement on such list shall be restored. ARTICLE 17 - DISCIPLINARY PROCEDURE With respect to disciplinary action, the following applies to members of the bargaining unit: Section 17.1 - Preamble The degree of discipline is discretionary with the District. In exercising its discretion 34 the District will consi(J actors including, but not limits .o, the severity of the offense, the number and frequency of previous acts of misconduct, and past work performance. Disciplined workers shall have rights of appeal as set forth in this Article. Section 17.2 - Principles And Procedures No worker shall be disciplined except for violation of established policies and procedures, and such disciplinary action shall be in accordance with procedures established herein. The District agrees to follow the principles of progressive discipline and just cause. Section 17.3 - Grounds For Discipline Grounds for disciplinary action shall include, but not be limited to: a) Abandonment of position; b) Absence from duty without approval; c) Abuse of leave privileges; d) Below-standard work performance; e) Discourteous or abusive treatment of the public or other employees; f) Drunkenness or use of narcotics or habit-forming drugs or being under their influence during working hours; g) Fraud or misrepresentation in securing appointment or promotion; h) Insubordination; i) Misuse of District property, funds, or records; j) Neglect of duty; k) Willful deceit; 1) Failure to adhere to or comply with approved operational or safety guidelines; m) Failure to keep required work hours; n) Any conviction by a court which would be incompatible with the work performed for the District by the affected worker; and o) Failure to report the suspension or revocation of the worker's drivers license. License suspension or revocation does not constitute automatic grounds for discipline. Section 17.4 - Warning Types Of Discipline Where appropriate, the District will use the following types of discipline before imposing suspension, demotion or dismissal. A. Counseling Disciplinary Counseling is any discussion with a worker designed to help the worker remedy identified problem(s) in skills, abilities, or work performance. Whenever possible, counseling should be used prior to taking a more formal action. B. Oral Warning An oral warning is a verbal notice advising a worker that the worker's behavior or performance must be improved. It defines areas where improvement is needed, sets goals, and informs the worker that failure to improve may result 35 in more serious a, i. The worker's supervisor will ,ument the oral warning by recording the date and content of the warning. The worker shall receive a copy of the warning at the time the note is prepared. The note of the oral warning shall not be placed in the worker's personnel file. However, the incident may be addressed in the worker's performance evaluation for the year in which the incident occurred. C. Written Warning A written warning is notice to a worker that the worker's performance or behavior must be improved. It contains the same elements as the oral warning. When appropriate, the written warning should be used in conjunction with a Plan for Individual Improvement proposed by the worker's supervisor and approved by the Area Superintendent as appropriate. A copy of the written warning and Plan for Individual Improvement will be placed in the worker's personnel record. A copy shall be given to the worker and a copy shall be sent to the union. The worker may prepare a written rebuttal which will be attached to the written warning in the personnel file. A written warning will be removed from the personnel record after twelve (12) months or after the next regular evaluation, whichever comes first. D. Reprimand A reprimand will be given by the Area Superintendent upon recommendation of the worker's immediate supervisor. The reprimand will serve as official notice to the worker that the worker's performance or behavior is seriously below standard and that continuation of such performance or behavior will subject the worker to more serious disciplinary action, including possible discharge. The worker shall receive a copy of the reprimand at the time it is prepared and a copy shall be sent to the Union. The affected worker shall have thirty (30) calendar days within which to submit an oral or written response to the reprimand. If one is submitted, the worker's written response shall be attached to the reprimand before the reprimand is placed into the worker's personnel file. The worker's oral response shall be directed to the Area Superintendent. 1. Workers will have the right to Union representation when responding to reprimands. 2. A reprimand will be removed from the personnel record after twelve 0 2) months or after the next annual evaluation, whichever comes first. Section 17.5 - Property Loss Discipline The District may take more formal disciplinary action for cause in the form of suspension, demotion or discharge. A. Suspension A suspension is the temporary removal of a worker from the worker's duties 36 without pay. Su: ision without pay should be usL when all other positive means have been tried without success and the Area Superintendent has reason to believe that the suspension will bring about the improvement needed in the worker's performance or behavior. Suspensions can only be imposed by the Operations Manager, subject to recommendation from the Area Superintendent. Suspensions shall not exceed thirty (30) calendar days. B. Demotion A demotion may be issued for a period not to exceed six (6) months. The final decision to demote a worker shall be made by the Operations Manager, subject to approval of the General Manager. At the end of the demotion period, the worker will be reinstated to his or her original level or discharged, subject to Section 17.6 below. C. Discharge A discharge is the termination of the worker from the employment of the District. The final decision to discharge a worker shall be made by the Operations Manager, subject to approval of the General Manager. Section 17.6 - Appeal The decision to reprimand, suspend, demote or discharge may be appealed by the affected worker only through the established grievance procedure set forth in Article 15. Lesser forms of discipline are not subject to appeal. Section 17.7 - Notice of Investigation Within fifteen 0 5) working days of a supervisor's knowledge of an incident involving a worker (or the most recent in a series of incidents) that may result in disciplinary action, the affected worker(s) shall be notified in writing that the matter is under investigation. Final determination on the imposition of disciplinary action shall be made within a reasonable period of time. During the investigation, the District shall keep the worker apprised of its progress and likely completion date. Section 17.8 - Notice Of Discipline Written notice of suspension, demotion or discharge must be served on the worker in person or by certified mail prior to the disciplinary action becoming effective. A copy of the notice shall be sent to the Union. The notice shall include: a) Statement of the nature of the disciplinary action. b) Effective date of the action. c) Statement of the cause thereof. d) Statement in ordinary and concise language of the acts or omissions upon which the causes are based. e) A statement of the worker's right to respond, either orally at a meeting requested by the worker, or in writing. The worker shall have the opportunity to respond and be served with notice of final action in person or by certified mail prior to the action becoming effective. The opportunity to respond shall normally take place within seven (7) working days following the initial notice of 37 intended action. f) A statement advising the worker of the right to appeal through the grievance procedure and the right to Union representation. Section 17.9 - Electronic Recording Electronic recording of the pre-discipline conference under Section 17.8 (e) above shall require the mutual consent of the District and the worker subject to discipline. The District reserves the right to electronically record all investigatory interviews provided advance written notice is given to the worker subject to investigation. If an electronic recording is made of the investigatory interview, the worker shall be provided a copy of the tape if any further disciplinary proceedings are contemplated or prior to any further investigatory interviews at a subsequent time. In addition, if the District transcribes the electronic recording of an investigatory interview, it shall provide the worker with a copy of the transcript. ARTICLE 18 - PROBATIONARY PERIOD Section 18.1 - Length Of Probation A. Initial Hires 1. Lead Open Space Technicians, Open Space Technicians, Equipment Mechanic-Operators, and Farm Maintenance Workers All persons appointed to the regular position of Lead Open Space Technician, Open Space Technician, Equipment Mechanic-Operator, and Farm Maintenance Worker shall complete a standard probationary period of at least nine (9) consecutive months. 2. Rangers All persons appointed to the regular position of Ranger shall complete a standard probationary period of at least twelve (12) months. B. Promotional Appointments 1. Lead Open Space Technicians, Open Space Technicians, Equipment Mechanic-Operators, and Farm Maintenance Workers All persons promoted to the regular position of Lead Open Space Technician, Open Space Technician, Equipment Mechanic-Operator, and Farm Maintenance Worker who have satisfactorily passed the probationary period of their current position shall complete a standard probationary period of at least six (6) consecutive months. 2. Rangers All persons promoted to the regular position of Ranger who have satisfactorily passed the probationary period of their current position shall complete a standard probationary period of at least nine (9) consecutive months. 38 Section 18.2 - Leaves L .bsence/Extension Of Probation In the event a probationary worker misses more than four (4) consecutive weeks due to injury or illness, the District may extend the probationary period by an amount not to exceed the period of time missed due to the injury or illness. In the event the probationary worker's absence due to injury or illness exceeds the equivalent of the worker's standard probationary period, the District may require the worker to serve a new probationary period as a condition of returning to work with the District. Section 18.3 - Rights On Probation Except as restricted by this section, probationary workers enjoy all the rights and privileges of this Agreement. Section 18.4 - Vacation Time On Probation During the probationary period, a new worker shall accrue vacation time but shall not be entitled to use accrued vacation time unless the Operations Manager grants special permission. A promoted worker can use accrued vacation time during his or her probationary period. Section 18.5 - Rejection From Original Probation A probationary worker can be rejected from probation at any time during his or her probationary period. The decision to reject a worker from probation is not subject to the grievance or discipline appeal procedure of this Agreement. The probationary worker shall be given a written review of all issues and reasons which have led to the worker's rejection before such rejection has been finalized. Upon request, a probationary worker will be entitled to a meeting with the General Manager before the rejection becomes effective. Workers shall have the right to Union representation at such meetings. As an alternative to rejecting the worker from probation, the District may extend the worker's probationary period. The worker must receive written notice of the extension prior to the expiration of his/her initial probationary period, and the extension shall not exceed three (3) months. Section 18.6 - Rejection From Promotional Probation In the case of promotional appointment, a promoted worker may, at any time during the probationary period, be rejected from probation and reinstated in the class designation from which he or she was promoted. If the reinstatement necessitates the layoff of another District worker currently filling the position, the choice of which worker will be laid off will be based on Article 16, "Layoffs." Section 18.7 - Seniority And Probation A newly hired probationary worker will have no class seniority status prior to completion of his or her probationary period. Section 18.8 - Evaluation Of Probationary Workers Workers serving a six (6) month probationary period shall receive an interim performance evaluation after three (3) months of service. Workers serving a nine (9) month probationary period shall receive interim performance evaluations after three (3) 39 and six (6) months of sei s. Workers serving a twelve mot probation shall receive an interim performance evaluation after three (3) months of service, after six (6) months of service, and after eleven (11) months of service. ARTICLE 19 - NO STRIKES/LOCKOUTS During the term of this Agreement, the District agrees that it will not lock out workers and the Union agrees that its representatives and members shall not engage in or cause, instigate, encourage, sanction or condone a strike, withholding of services, work slowdown or work stoppage of any kind. The District recognizes workers' rights to honor picket lines in the event of a strike sanctioned by the Central Labor Council of either Santa Clara or San Mateo Counties. This right will not pertain to park areas within the District covered by Mutual Assistance Agreements with other agencies. ARTICLE 20 - EFFECT OF AGREEMENT To the extent there is a conflict, it is understood and agreed that the specific provisions contained in this Agreement shall prevail over District rules, regulations, policies and procedures. It is further understood and agreed that in the absence of specific provisions in this Agreement, such rules, regulations, policies and procedures shall remain in full force and effect. The terms and conditions set forth in this Agreement represent the full and complete understanding and commitment between the parties. The terms and conditions may be altered, changed, added to, deleted from, or modified only through the voluntary and mutual consent of the parties in a written amendment to the Agreement. During the term of this Agreement, the parties agree that neither the Union nor the District shall be obligated to reopen or renegotiate any of the provisions of this Agreement. ARTICLE 21 - SAVINGS CLAUSE If any provision of this Agreement should be held invalid by operation of law or by any court of competent jurisdiction, or if compliance with or enforcement of any provision should be restrained by any tribunal, the remainder of this Agreement shall remain in effect and the parties shall enter into negotiations for the sole purpose of arriving at a mutually satisfactory replacement for such provision. ARTICLE 22 - TERM OF AGREEMENT This Agreement shall be effective the first (1st) day of April 1997 and shall remain in effect until the thirty-first (31 st) day of March 2000. The Agreement shall be automatically renewed from year to year thereafter, unless either party serves the 40 other party written notic intention to terminate or modii, ,id Agreement no more than one hundred and twenty (120) but no less than ninety (90) days prior to the expiration of the term or any extended term of the Agreement. 41 SIGNATURE PAGE For Midpeninsula Regional For Local 715 SEW Open Space District Susan M. Schectman Beth Winters Chief Negotiator Chief Negotiator John M. Escobar Stan Hooper Operations Manager Lead Open Space Technician Jean H. Fiddes Brian D. Malone Personnel Officer Ranger Deirdre C. Dolan Tom Randall Administrative Analyst Ranger Ratified by District: Ratified by Unit: March 26, 1997 March 21, 1997 Date• Date: 42 APPENDIX A - DISTRICT SALARY RANGES SALARY HOURLY BIWEEKLY MONTHLY ANNUAL RANGE RATE SALARY SALARY SALARY 210.0 13.156 1,052.480 2,280.405 27,364.864 210.5 13.222 1,057.760 2,291 .830 27,501 .962 211 .0 13.288 1,063.040 2,303.209 27,638.513 211 .5 13.354 1,068.320 2,314.748 27,776.983 212.0 13.421 1,073.680 2,326.241 27,914.898 212.5 13.488 1,079.040 2,337.896 28,054.753 213.0 13.555 1,084.400 2,349.503 28,194.047 213.5 13.623 1,089.840 2,361 .274 28,335.299 214.0 13.690 1,095.200 2,372.998 28,475.987 214.5 13.759 1,100.720 2,384.887 28,618.652 215.0 13.827 1,106.160 2,396.728 28,760.747 215.5 13.897 1,111 .760 2,408.736 28,904.839 216.0 13.966 1,117.280 2,420.969 29,048.354 216.5 14.036 1,122.880 2,432.823 29,193.886 217.0 14.105 1,128.400 2,444.903 29,338.838 217.5 14.176 1,134.080 2,457.152 29,485.826 218.0 14.246 1,139.680 2,469.352 29,632.226 218.5 14.318 1,145.440 2,481 .723 29,780.684 219.0 14.389 1,151 .120 2,494.045 29,928.548 219.5 14.461 1,156.880 2,506.540 30,078.489 220.0 14.533 1,162.640 2,518.986 30,227.833 220.5 14.605 1,168.400 2,531.606 30,379.275 221.0 14.678 1,174.240 2,544.175 30,530.111 221.5 14.751 1,180.080 2,556.922 30,683.067 222.0 14.825 1,186.000 2,569.617 30,835.412 222.5 14.899 1,191 .920 2,582.491 30,989.897 223.0 14.973 1,197.840 2,595.313 31,143.766 223.5 15.048 1,203.840 2,608.316 31,299.797 224.0 15.123 1,209.840 2,621 .267 31,455.204 224.5 15.198 1,215.840 2,634.399 31,612.795 225.0 15.274 1,221 .920 2,647.479 31,769.756 225.5 15.350 1,228.000 2,660.743. 31,928.923 226.0 15.427 1,234.160 2,673.954 32,087.454 226.5 15-504 1,240.320 2,687-351 32,248.232 227.0 15.581 1,246.480 2,700.694 32,408.329 227.5 15.659 1,252.720 2,714.224 32,570.695 228.0 15.737 1,258.960 2,727.701 32,732.412 228.5 15.816 1,265.280 2,741 .366 32,896.402 229.0 15.894 1,271 .520 2,754.978 33,059.736 229.5 15.974 1,277.920 2,768.780 33,225.366 230.0 16.053 1,284.240 2,782.527 33,390.333 230.5 16.133 1,290.640 2,796.468 33,557.619 231.0 16.214 1,297.120 2,810.353 33,724.236 43 SALARY HOURLY WEEKLY MONTHLY ANNUAL RANGE RATE SALARY SALARY SALARY 231 .5 16.295 1,303.600 2,824.432 33,893.195 232.0 16.376 1,310.080 2,838.456 34,061 .478 232.5 16.458 1,316.640 2,852.677 34,232.127 233.0 16.539 1,323.120 2,866.841 34,402.093 233.5 16.622 1,329.760 2,881.203 34,574.447 234.0 16.705 1,336.400 2,895.509 34,746.114 234.5 16.789 1,343.120 2,910.016 34,920.192 235.0 16.872 1,349.760 2,924.464 35,093.575 235.5 16.956 1,356.480 2,939.116 35,269.395 236.0 17.041 1,363.280 2,953.709 35,444.511 236.5 17.126 1,370.080 2,968.507 35,622.089 237.0 17.211 1,376.880 2,983.246 35,798.956 237.5 17.297 1,383.760 2,998.192 35,978.309 238.0 17.383 1,390.640 3,013.078 36,156.946 238.5 17.470 1,397.600 3,028.174 36,338.093 239.0 17.557 1,404.560 3,043.209 36,518.515 239.5 17.645 1,411 .600 3,058.456 36,701.474 240.0 17.733 1,418.640 3,073.641 36,883.700 240.5 17.821 1,425.680 3,089.040 37,068.488 241 .0 17.910 1,432.800 3,104.378 37,252.537 241 .5 18.000 1,440.000 3,119.931 37,439.173 242.0 18.089 1,447.120 3,135.421 37,625.062 242.5 18.180 1,454.400 3,151.130 37,813.564 243.0 18.270 1,461 .600 3,166.776 38,001.313 243.5 18.361 1,468.880 3,182.641 38,191 .699 244.0 18.453 1,476.240 3,198.443 38,381.326 244.5 18.545 1,483.600 3,214.468 38,573.617 245.0 18.637 1,490.960 3,230.428 38,765.139 245.5 18.730 1,498.400 3,246.612 38,959.353 246.0 18.823 1,505.840 3,262.732 39,152.790 246.5 18.918 1,513.440 3,279.078 39,348.946 247.0 19.012 1,520.960 3,295.359 39,544.318 247.5 19.107 1,528.560 3,311.869 39,742.435 248.0 19.202 1,536.160 3,328.313 39,939.761 248.5 19.298 1,543.840 3,344.988 40,139.861 249.0 19.394 1,551 -520 3,361 .596 40,339.159 249.5 19.491 1,559.280 3,378.438 40,541 .258 250.0 19-588 1,567.040 3,395.212 40,742.551 250.5 19.686 1,574.880 3,412.222 40,946.672 251 .0 19.784 1,582.720 3,429.164 41,149.977 251 .5 19.883 1,590.640 3,446.344 41,356.139 252.0 19.981 1,598.480 3,463.456 41,561.477 252.5 20-082 1,606.560 3,480.808 41,769.700 253.0 20.181 1,614.480 3,498.091 41,977.092 253.5 20.282 1,622-560 3,515.616 42,187.397 254.0 20.383 1,630-640 3,533.071 42,396.863 44 SALARY HOURLY iWEEKLY MONTHLY ANNUAL RANGE RATE SALARY SALARY SALARY 254.5 20.485 1,638.800 3,550.772 42,609.272 255.0 20.587 1,646-960 3,568.402 42,820.832 255.5 20.690 1,655.200 3,586.280 43,035.365 256.0 20.793 1,663.440 3,604.086 43,249.040 256.5 20.897 1,671 .760 3,622.143 43,465.718 257.0 21 .001 1,680.080 3,640.127 43,681.530 257.5 21 .106 1,688.480 3,658.364 43,900.376 258.0 21 .211 1,696.880 3,676.528 44,118.345 258.5 21 .317 1,705.360 3,694.948 44,339.378 259.0 21 .423 1,713.840 3,713.294 44,559-528 259.5 21.530 1,722.400 3,731 -897 44,782.772 260.0 21 .637 1,730.960 3,750.426 45,005.123 260.5 21 .745 1,739.600 3,769.216 45,230-598 261.0 21 .853 1,748.240 3,787.931 45,455.174 261.5 21 .963 1,757.040 3,806.908 45,682.905 262.0 22.072 1,765.760 3,825.810 45,909.726 262.5 22.183 1,774.640 3,844.978 46,139.736 263.0 22.293 1,783.440 3,864.068 46,368.823 263.5 22.404 1,792.320 3,883.427 46,601.132 264.0 22-516 1,801 .280 3,902.709 46,832.511 264.5 22.628 1,810.240 3,922.261 47,067.142 265.0 22.741 1,819.280 3,941.736 47,300.836 265.5 22.855 1,828.400 3,961.484 47,537.813 266.0 22.968 1,837.440 3,981-153 47,773.844 266.5 23.083 1,846.640 4,001.099 48,013.191 267.0 23.198 1,855.840 4,020.965 48,251.582 267.5 23.314 1,865.120 4,041 .110 48,493.323 268.0 23.430 1,874.400 4,061 .174 48,734.098 268.5 23.547 1,883.760 4,081 .521 48,978.256 269.0 23.664 1,893.120 4,101 .786 49,221.439 269.5 23.783 1,902.640 4,122.336 49,468.039 270.0 23.901 1,912.080 4,142.804 49,713.653 270.5 24.021 1,921.680 4,163.559 49,962.719 271 .0 24.140 1,931 .200 4,184.232 50,210.790 271 .5 24.261 1,940.880 4,205.195 50,462.347 272.0 24.381 1,950.480 4,226.074 50,712.898 272.5 24.503 1,960.240 4,247.247 50,966.970 273.0 24.625 1,970.000 4,268-335 51,220.027 273.5 24.748 1,979.840 4,289.720 51,476.640 274.0 24-871 1,989.680 4,311 .018 51,732.227 274.5 24.996 1,999.680 4,332.617 51,991.406 275.0 25.120 2,009.600 4,354.129 52,249.549 275.5 25.246 2,019.680 4,375.943 52,511 .320 276.0 25.371 2,029.680 4,397.670 52,772.044 276.5 25.498 2,039.840 4,419.702 53,036.433 277.0 25.625 2,050.000 4,441 .647 53,299.764 45 SALARY HOURLY 4WEEKLY MONTHLY ANNUAL RANGE RATE SALARY SALARY SALARY 277.5 25.753 2,060.240 4,463.899 53,566.796 278.0 25.881 2,070.480 4,486.063 53,832.762 278.5 26.011 2,080.880 4,508.538 54,102.464 279.0 26.140 2,091 .200 4,530.924 54,371 .090 279.5 26.271 2,101 .680 4,553.624 54,643.489 280.0 26.401 2,112.080 4,576.233 54,914.801 46 APPENDIX B - REGULAR UNIFORM ITEMS 1. Open Space Technician, Lead Open Space Technician, Equipment Mechanic- Operator, and Farm Maintenance Worker a) 3 tan long sleeve shirts b) 3 tan short sleeve shirts c) 1 cordovan basketweave belt d) 3 pairs green twill pants e) 1 pair green hiking shorts f) 2 pair socks g) 1 tan insulated vest h) 1 green twill jacket 1) 1 uniform cap 2. Rangers a) 1 straw Stratton hat (includes hat band, chin strap, and rain cover) b) 3 tan long sleeve shirts c) 3 tan short sleeve shirts d) 1 tan parka e) 1 tan insulated vest f) 1 cordovan basketweave belt g) 3 pairs green twill pants h) 1 pair green hiking shorts i) 2 pair socks j) 1 uniform cap 47 APPENDIX C - CATASTROPHIC LEAVE PROGRAM Purpose The Catastrophic Leave Program is designed to assist District employees (called receiving employees) who have exhausted paid time credits due to a serious, catastrophic or debilitating illness, injury or condition of the employee or of a member of the employee's immediate family (as defined in Section 12.1 [B][41). This program allows other District employees (called donating employees) to make grants of time to that employee so that he/she can remain in a paid status for a longer period of time, thus partially reducing the financial impact of the illness, injury or condition. The grants of time donated to the receiving employee are converted to sick leave for use by the receiving employee. Conditions for Receiving Employees There are four criteria for eligibility as a receiving employee. The receiving employee must: 1 . Be a regular full- or part-time District employee; 2. Exhaust all available paid leave time, including sick leave* , vacation, personal leave, holiday or holiday bank time, and compensatory time off; 3. Have a sustained, serious or debilitating illness, injury or condition which may need to be verified by a doctor's report, or have a member of the immediate family with a sustained, serious or debilitating injury, illness or condition which requires the employee's absence from work to care for the family member. 4. Be prevented from returning to work for at least 30 days and have applied for a worker disability or family care leave of absence without pay. To apply to be a receiving employee under the Catastrophic Leave Program, an employee completes an Application for Catastrophic Leave. The application is submitted to the Administrative Services Manager for approval. An employee may be asked to submit supporting medical documentation (i.e., a statement from his/her doctor) with the application. Approval or rejection for participation must be made by the Administrative Services Manager within two weeks after the completed application is submitted. An employee may be asked to verify his/her status for continuing eligibility for the program. If an employee's application is approved to be a receiving employee, the Administrative Services Manager will meet with the employee or his/her family members to determine the degree to which the employee's or family member's catastrophic illness, injury or condition is to be kept confidential. *In the event the General Manager has refused to extend the six-day limit on sick leave usage for care of a family member (Section 12.1 B[41), such refusal shall render this criterion fulfilled, even if the Receiving Employee retains sick leave on the books. 48 The Administrative Serves Manager will distribute a Dootion of Accrued Time Credits form to all full-time and part-time District employees so they can specify donations they wish to make to the receiving employee. Benefits available to a receiving employee participating in the program will be treated as though the additional sick leave credited to him/her belongs to him/her. For as long as a receiving employee remains in a paid status, seniority, sick leave and vacation accrual and all benefits will continue as though the sick leave were his or hers. The total credits received by the employee shall normally not exceed three months; however, if approved by the General Manager, the total leave credits received may be up to a maximum of six months. Conditions for Donating Employees Donations must be made to a specific person on a form signed by the donating employee and submitted to the Administrative Services Manager. All donation information will be considered confidential. A donating employee can, if he/she chooses, inform the receiving employee of the donation made. Employees may donate the following types of accrued time credits: *vacation time *personal paid leave time *holiday bank time *compensatory time off (non-exempt employees) *sick leave -- one hour of accrued sick leave may be donated for every two hours of other types of accrued leave time Donations must be made in one hour increments. There is no limitation on the number of hours that may be donated. The donations will be converted to sick leave time and credited to the receiving employee's sick leave time balance on an hour-for-hour basis. The pay the receiving employee receives will be at his/her own rate of pay. Under any circumstance, donations, once made, are forfeited forever by the donating employee. If the receiving employee returns to work, any time the donating employee(s) has contributed will remain with the receiving employee and not revert to the donating employee(s). In order to donate, a Donation of Accrued Time Credits form must be submitted to the Administrative Services Manager for processing. 49 APPENDIX D -- 4/10 ALTERNATE WORK SCHEDULE GUIDELINES 1 . The District will generally make available two 4/10 alternate work schedules in each geographical area subject to the guidelines below when six or more rangers are available for regular scheduling. It is understood that each of the 4/10 alternate work schedules in each geographical area is tied to each sub-group of rangers having the same day off and that a 4/10 schedule shall generally be made available when three or more Rangers with the same day off in a geographical area are available for regular scheduling.. All leave requests and special scheduling needs of the District shall take priority over the creation or preservation of 4/10 schedules. 2. The District reserves the right to revert to a 5/8 schedule any time up to the start of each work week to address the business needs of the District, including, but not limited to, unplanned staff shortages. Any participation by supervisors in the regular shift rotation to preserve a 4/10 schedule is at the sole discretion of the District. 3. All 4/10 schedules shall include three consecutive days off to be scheduled within the Monday through Thursday period. 4. Workers understand that 4/10 schedules, especially during the period of daylight savings, may include a non-tradeable late shift assignment on Friday. 5. Available 4/10 schedule(s) shall be offered to Rangers at the appropriate geographical area based on seniority within the groups sharing common days off. By December 1, each group of workers sharing common days off shall meet and alternately select, based on seniority, a maximum of four four-week schedules each. In the event there are four-week schedules remaining after the initial selection process, the remaining schedules will be made available to other members of the work group based on seniority. Requests may be canceled prior to the first Friday of the preceding schedule, except for the final schedule of the calendar year for which an earlier cancellation deadline shall be set. Canceled or otherwise available 4/10 schedules will be assigned on a rotating basis to Rangers who have expressed interest prior to the first Friday of the preceding schedule. 50 Regional e R-97-53 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-08 March 26, 1997 AGENDA ITEM Approval of 1997-1998 Salary and Benefit Adjustments for Office, Supervisory, and Management Staff GENERAL MANAGER'S RECOMMENDATIONS 1. Approve the attached 1997-1998 salary pay plan that includes a 3 point (3%) cost of living adjustment (COLA) for the District's office, supervisory, and management classifications effective April 1, 1997. 2. Initiate contract amendment procedures with the California Public Employees' Retirement System (PERS) to provide the local miscellaneous 2% at 55 retirement plan formula by June 30, 1997. DISCUSSION SS�y Range Adjustments The attached 1997 COLA Comparison Chart (Attachment A) reflects salary adjustment information for the agencies in our competitive labor market. The average scheduled increase for these agencies in 1997 is 3%. Consumer Price Index (CPI) data for the San Francisco-Oakland-San Jose Area for the period February 1996 to February 1997 (the most recent available) shows a 3.1% change for the all urban consumers category and a 3.0% change for the urban wage earners and clerical workers category. Taking the survey and CPI data into consideration, I recommend that the Board approve, effective April 1, 1997, the attached 1997-1998 salary pay plan (Attachment B), which includes a 3.0 point (3%) across-the-board cost of living salary adjustment for the District's office, supervisory, and management staff. The total cost of a 3% COLA is approximately $48,450 for this group. 2% at 55 Retirement Plan Formula In 1995, the employee steering committee surveyed staff to determine the level of interest in various benefit improvements. Survey results showed a high degree of interest in the 2% at 55 retirement plan formula, and the steering committee actually made a recommendation to the management team to implement 2% at 55. In 1996 the District made a commitment to explore the cost of 2% at 55 by requesting an actuarial valuation, although implementation was not feasible at that time. 330 Distel Circle 0 Los Altos, CA 94022-1404 * Phone:415-091-1200 FAX:415-691-0455 * E-mail: mrosd C!openspace.org 0 Wet)site.www.ol)ensl)ace.org Board of Urre(tov5 Pete Sienens,'Amy C. Davey,Jed Cyr, David I.Srrmernoii, Nonette Hanko, Betsy Crowder, Kenneth C. Nitz . General Manager:L.Craig Britton R-97-53 Page 2 The PERS actuarial valuation for 2% at 55 was completed in September 1996 (see Attachment Q. The estimated increase in unfunded liability for 2% at 55 is $614,000. This amount would be paid through an increased District contribution rate of approximately 4.374% of payroll through June 30, 2016, dropping to 1.554% on July 1, 2016. The rate change for this plan amendment would not become effective until next year on July 1, 1998. It is anticipated that the District will offset 3% of the 4.374% increase in cost through a reduced COLA in fiscal years 1998-1999 and 1999-2000. Current competitive data shows that of the District's 15 comparable labor market agencies, seven have the PERS 2% at 55 retirement plan formula, one is currently negotiating for 2% at 55, and three of the non-PERS agencies have retirement plans with age 55 as the normal retirement age (see Attachment D). In keeping with the objective to position the District in the middle or slightly above the comparable agencies, I recommend the District initiate contract amendment procedures with PERS to provide the local miscellaneous 2% at 55 retirement plan formula, with the understanding that future reductions in COLA are anticipated to offset the costs of this plan. Prepared by: Deirdre Dolan, Administrative Analyst Contact person: L. Craig Britton, General Manager 'TTACHMENT A 1997 COLA COMPARISON CHART AGENCY DATE LAST PERCENT DATE NEXT PERCENT CHANGE LAST CHANGE NEXT CHANGE CHANGE Santa Clara County 07/96 3.0% 07/97 3.0% 07/98 3.0% Cupertino 07/96 2.9% 07/97 Unknown Los Altos 07/96 3.0% 07/97 2.5% Palo Alto 01/97 1.0% 05/97 3.0% Marin County 01/97 2.58%* 07/97 1.5% 01/98 1.5% Milpitas 07/96 3.0% 07/97 3 -5%** 07/98 2 -5%** EBRPD 03/96 3.0% 03/97 Unknown# Sunnyvale 07/96 3.0% 07/97 3.0% Los Gatos 06/95 4.0% Unknown+ Unknown Marin Water District 07/96 3.0% 07/97 3.0% Mountain View 06/96 3.0% 07/97 3.5% San Mateo 03/96 3.0% 03/97 3.0% San Mateo County 01/97 2.0% 10/97 3.0% 10/98 4.0% Saratoga 03/95 & 12/95 3.0% &2.0 % Unknown Unknown MROSD Office, Supv, Mgmt 04/% 2.0% 04/97 Unknown CONSUMER PRICE INDEX San Francisco-Oakland-San Jose February 1996- February 1997 All Urban Consumers: 3.1% Urban Wage Earners & Clerical Workers: 3.0% ATTACHMENT B MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PAYPLAN 1997# Effective 4/1/97 MONTHLY* ANNUALLY* 5 CLASSIFICATION STEP NO. MIN-MAX MIN-MAX Receptionist 199 - 224 2044 - 2621 24,528 - 31,455 Administrative Clerk 203 - 228 2127 - 2728 25,524 - 32,732 Open Space Technician* 216 - 241 2421 - 3104 29,048 - 37,253 Farm Maintenance Worker 216 - 241 2421 - 3104 29,048 - 37,253 Secretary 217 - 242 2445 - 3135 29,339 - 37,625 Lead Open Space Technician 221 - 246 2544 - 3263 30,530 - 39,153 Planning Technician 224 - 249 2621 - 3362 31,455 - 40,339 Public Affairs Assistant 224 - 249 2621 - 3362 31,455 - 40,339 Office Manager/Sec'y to G.M. 227 - 252 2701 - 3463 32,408 - 41,561 Ranger 229 - 254 2755 - 3533 33,060 - 42,397 Accounting Specialist 232 - 257 2838 - 3640 34,061 - 43,682 Docent Coordinator 232 - 257 2838 - 3640 34,061 - 43,682 Volunteer Coordinator 232 - 257 2838 - 3640 34,061 - 43,682 Equipment Mechanic-Operator 239 - 264 3043 - 3903 36,519 - 46,833 Open Space Planner 1 239 - 264 3043 - 3903 36,519 - 46,833 Administrative Assistant 245 - 270 3230 - 4143 38,765 - 49,714 Supervising Const. & Maint. Ranger 246 - 271 3263 - 4184 39,153 - 50,211 Supervising Patrol Ranger 246 - 271 3263 - 4184 39,153 - 50,211 Operations Analyst 254 - 279 3533 - 4531 42,397 - 54,371 Administrative Analyst 254 - 279 3533 - 4531 42,397 - 54,371 Open Space Planner 11 254 - 279 3533 - 4531 42,397 - 54,371 Resource Management Specialist 254 - 279 3533 - 4531 42,397 - 54,371 Support Services Supervisor 254 - 279 3533 - 4531 42,397 - 54,371 Visitor Services Supervisor 254 - 279 3533 - 4531 42,397 - 54,371 Area Superintendent 261 - 286 3788 - 4858 45,455 - 58,293 Real Property Representative 264 - 289 3903 - 5005 46,833 - 60,060 Research Attorney 264 - 289 3903 - 5005 46,833 - 60,060 Senior Planner 264 - 289 3903 - 5005 46,833 - 60,060 Administrative Services Manager** 277 - 302 4442 - 5696 53,300 - 68,357 Public Affairs Manager" 277 - 302 4442 - 5696 53,300 - 68,357 Operations Manager** 284 - 309 4762 - 6108 57,145 - 73,301 Planning Manager" 284 - 309 4762 - 6108 57,145 - 73,301 Land Acquisition Mgr.** 284 - 309 4762 - 6108 57,145 - 73,301 # Does not include Board appointees: General Manager, Legal Counsel, Controller * The salary range for Seasonal Open Space Technician is $11.45 to $12.64 per hour with actual individual rate to be determined at time of hire. Range is 20 points to 10 points below Open Space Technician range. **Range of three points to five points to be added to base salary as approved by the General Manager for Assistant General Manager assignment. * Forty hours per week basis. ATTACHMENT C CONTRACT AMENDMENT COST ANALYSIS - JUNE 30,1994 INFORMATION MISCELLANEOUS PLAN FOR MIDPENINSULA REGIONAL OPEN SPACE DISTRICT EMPLOYER NUMBER 970 Benefit Description: Section 21354 -2% @ 55 Full formula Current CalPERS policy is to implement rate changes due to plan amendments on the second July 1 following the effective date of the change in plan benefits. This means, for example, that plan amendment effective dates on or between July 1, 1995 and June 30, 1996, would increase rates commencing July 1, 1997. Plan amendment effective dates on or between July 1, 1996 and June 30, 1997 would increase rates commencing July 1, 1998. We have provided the estimated increase in rates for both scenarios below. However, CalPERS is strongly considering changing the current policy to one that would implement rate changes due to plan amendments much sooner, as early as the effective date of the plan amendment. Some brief transition period would certainly be considered. CalPERS will be conducting surveys on this issue in the near future to solicit your thoughts. Please be aware of the potential change in policy. Estimated Increase in Contribution Rate for Amendment Effective Amendment Effective by June 30, 1996; after June 30, 1996; Amortization of Unfunded Liability Rate Change on Rate Change onJuly 1, 1997 July 1, 1998 by June 30, 2000 Normal Cost 1.554% 1.554% Unfunded Cost 5.858% 8 496% Total Change 7.412% 10.050% by June 30, 2011 . Normal Cost 1.554% 1.554% Unfunded Cost 1.897% 2 214% Refinancing Old Overfunded 0. 3°/ 0.977% Total Change 4.344% 4.745% by June 30, 2016 Normal Cost 1.554% 1.554% Unfunded Cost 1.547% 1.775% Refinancing Old Overfunded 0.972% 1.045% Total Change 4.073% 4.374% Estimated Increase in Unfunded Liability $ 530,000 $ 614,000 Employer costs for your retirement plan have two basic components. These are the NORMAL COST and the UNFUNDED COST. NORMAL COST is a permanent increase to the employer contribution rate and is expected to continue as long as the contract is in effect. This cost will be the same regardless of the funding period. UNFUNDED COST is a temporary increase to the employer contribution rate based upon the current or extended funding period. This portion of the employer rate is based upon service performed prior to the contract amendment. This rate is expected to become zero at the end of the funding period indicated. The above cost analysis displays the estimated employer contribution rate increase for the current funding 6/23/96 ATTACHMENT D PERS RETIREMENT Question 1: Is retirement program through PERS? Question 2: If yes, what is the retirement formula? Question 3: If retirement formula is 2% at 55, did employees cost-share at time of implementation? If yes, describe. AGENCY QUESTION 1 QUESTION 2 QUESTION 3/COMMENTS Cupertino Y 2% ®55 YES—% increase incorporated into total comp package through 2010 EBRPD N N/A N/A Los Altos Y 2% 0 55 YES— city contribution to deferred compensation will be eliminated to cover the cost Los Gatos Y 2% 0 55 YES--% increase incorporated into total comp and gave up 6/94 COLA Marin County N N/A(55)* N/A Milpitas Y 2% 0 55 YES—gave up 3.5% COLA scheduled for 7/93; received 3.5% COLA 1/93, 1/94, 7/94, and 1/95 Mountain View Y 2% 0 55 YES--$300 per year per employee city contribution plus matching contribution to deferred comp eliminated Palo Alto Y 2% ®60 N/A (2%055 turned down in 1996 by City Council) San Jose N N/A (55)* N/A Santa Clara County Y 2% Q 55 YES—gave up COLA first year of implementation; cost of plan added to base salary for salary comparison purposes Santa Clara Y 2% 0 60** Currently negotiating 2% at 55; COLA will drop from 3% to 1.5% if it's a go, plus employees will pick up share of employers' increased PERS cost, in addition to employees' 7%; City does not pay employee's 7%. San Mateo County N N/A(55)* N/A San Mateo Y 2% 0 60 N/A Saratoga Y 2% (D 60 N/A Sunnyvale Y 2% 0 55 YES—gave up COLA first year of implementation MROSD Y 2% @ 60 N/A 3/21/97 'Retirement plan forumla based on normal retirement age of 55 at these non-PERS agencies Regitmal .,pen *c R-97-46 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-08 March 26, 1997 AGENDA ITEM Proposed Exchange of Property Management Responsibility with the City of Palo Alto for District Lands Adjacent to Foothills Park and City Land Adjacent to Monte Bello Open Space Preserve GENERALMANAGER'S RECOMMENDAT QNS 1. Authorize the President of Board of Directors to sign the attached property management agreements with City of Palo Alto for District lands adjacent to Foothills Park and City lands adjacent to Monte Bello Open Space Preserve. 2. Tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report. 3. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in this report. DISCUSSION The City of Palo Alto and District are seeking agreements whereby the City will manage a District-owned 39-acre parcel adjacent to Foothills Park and the District will manage an 85- acre City-owned property adjacent to Monte Bello Open Space Preserve. Under the terms of the agreements, public trail use will continue on both properties and both will be managed in a manner consistent with the larger contiguous public recreation land. The agreements provide for an exhange of management responsibilities for patrol, maintenance, and improvements associated with park and open space land uses. The management agreements result from many years of discussions between the City and District regarding the potential exchange of ownership of lands described in this report. The management agreements being considered are seen as a significant step towards a future land exhchange and development of a regional public trail through Foothills Park. The District will continue to pursue a long-term agreement for exchanging ownership and implementation of the regional trail. DESCRIPTION (see attached map) Lands to be Managed by City of Palo Alto The 39.10-acre open space parcel proposed to be managed by the City of Palo Alto is part of the Foothills Open Space Preserve, located approximately three miles south of Interstate 280 330 Distel Circle , Los Altos, CA 94022-1404 Phone:415-691-1200 FAX:415-691-04€35 E-mail: mrosd@opetispace.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 f.Craig Britton R-97-46 Page 2 along Page Mill Road. The property is within the city limits of Palo Alto and is bounded by Page Mill Road to the east and Foothills Park to the north and west. There is a small private parcel situated between the southwest corner of the property and Page Mill Road. The property was acquired by the District in 1975 as part of a larger 70-acre addition to the Foothills Open Space Preserve. When acquired, suitable use for the site was described as low intensity recreational use. Because it was located on the west side of Page Mill Road and not contiguous to the major portion of the preserve, it has long been viewed by the District as a potential addition to Foothills Park. It may someday be an appropriate location for a perimeter public trail that connects public trails near Arastadero Road to Los Trancos Open Space Preserve. The property's topography is extremely steep and vegetation is comprised largely of dense woodland and chaparral. A service road originating at Page Mill Road, leads to a City water storage tank located within Foothills Park. From the service road a trail and firebreak climbs steeply to the south and connects with other service roads within the Park. Lands to be Managed by District The 85.37-acre open space parcel proposed to be managed by the District lies east of Page Mill Road adjacent to Monte Bello Open Space Preserve. It is bounded by Hidden Villa property to the east, District land to the north, west and southeast, and private property to the south. A small private parcel is also located at the intersection of Page Mill Road and Monte Bello Road. Monte Bello Road passes through the southwest corner of the property and connects Los Trancos and Monte Bello Open Space Preserves. A prominent grassland ridge offers panoramic views of Santa Clara Valley and public trails have been historically used in conjunction with connecting trails on the Monte Bello preserve. Improvements consist of roads, fences and power lines. Monte Bello Road serves as a primary point of access to the property as well as the north end of Monte Bello Open Space Preserve. The road is paved and gated at the Page Mill Road entrance. A District sign limiting vehicular use to the District and neighbors is located at the beginning of the road. A second unsurfaced road extends north and east, intersecting Monte Bello Road on the ridge approximately 800 feet east of Page Mill Road. The road is used for trail purposes, routine patrol and by PGE to maintain high voltage power lines and poles that cross the property in the east-west direction. Other improvements include highly visible wood fences along Page Mill Road that are in a state of disrepair and need to be replaced. R-97-46 Page 3 USE AND MANAGEMENT PLAN Planning Considerations Informal management agreements between the District and City staffs have existed for over 15 years and management issues are few based on this experience. A Foothills Park gate and signs are located at the entrance to the District-owned parcel and the District has patrolled and disced fire breaks on the City-owned land. The Adobe Creek Trail which forms a loop trail by interesecting at two locations along Monte Bello Road, is currently operated as part of the preserve's trail system and is shown on the site's brochure map. Maps for Foothills Open Space Preserve and Monte Bello Open Space Preserve need to be modified to include each of the properties within the respective preserve and park boundaries. Preliminary Use and Management Plan Recommendations (85 acre parW) Public Access: Property to remain open to the pubic. Trail Designation: Designate Adobe Creek Trail and Monte Bello Road for use by hikers, equestrians and bicyclists. Patrol: Routinely patrol the property. Roads: Maintain the existing roads to meet vehicular patrol standards. Improvements: Improve fencing, and signs where necessary; post signs on trails that extend onto private property to discourage trespass. Brochure: Update existing brochure map to indicate property is managed as part of the preserve. Site Safety Inspection: Inspect the property to determine if there are hazards that need to be mitigated. CEQA COMPLIANCE Project Description The project consists of implementing management agreements with the City of Palo Alto whereby the District manages an 85 acre parcel located adjacent to Monte Bello Open Space Preserve and the City manages a 39 acre parcel located adjacent to Foothill Park. Both properties are within the City of Palo Alto and adjacent to Page Mill Road south of Interstate R-97-46 Page 4 280. The properties will be remain in a natural condition and open to the public for low- intensity recreation. SFQA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA (California Environmental Quality Act) under Sections 15304, 15316, and 15061. Section 15304 exempts minor public alterations in the condition of land, water and/or vegetation. Proposed improvements consists of replacing fences in disrepair and installation of new trail and property boundary signs. Section 15316 exempts the acquisition of land in order to create parks if the site is in a natural condition and the management plan proposes to keep the area in a natural condition. Although the property is not being acquired at this time, the management agreement can be considered temporary or pre-acquisition. The actions proposed in the Preliminary Use and Management Plan are also exempt under section 15061, as there is no possibility the actions may have a significant effect on the environment. PUBLIC NOTIFICATION Property owners of lands located adjacent to and surrounding the two subject parcels have been mailed written notices. Prepared by: Del Woods, Senior Planner Contact person: L. Craig Britton, General Manager MONTE BELLO OPEN SPACE PRESERVE LANDS TO BE MANAGED BY DISTRICT 4 4 z { ;: 420a FOOTHII LS PARK r< N rz A�i4 s :::.:::::::::sLLL M. ;::. r :::::.:•::. X. 3e�i �ni bnky} € '^ I s:> l is </ S r s^ t { ::.............. k:. ::::.r::.,::.: :;:::{:::::::::: s s ...............:::::::: .... ::: • .... ;. j f ` r 4pry :'AIC aEtc+wsEf f +, 1 ✓` •::::•:: : w:::..:. .:. .'.': c .:.;`.J�..ti... ::::.;:.:` .;:;;; «<a# ' ( OOTHILLS >:::::::»>:::::::' XXX(,{,>::>::::>::::>::::>:. OPEN S PACE r ............... PRESERVE {{{{vi;is i:......::n.::: , a ;•�.rrr::::::..........:.•• � �viiii:•i:4:::4iii::::::::::.. .::::::. .v..v::.:::.:v:::::::::::.:.;.::. t ':�4ti}i:{;'r:::•:::?:$:�•.,^:..�.:.{,; ., .•.�.::.:::i{::{;'r::i::i}$i;:ii;:$j$j;:: �::jj::i::i::ik: :: .,;; !�' ::::::nlOi::::.�:::............ Mggtt•• . .,,, OS TRA,NCOS ... °. O E N-.SPACE ...:..:;•.;:;;;::.:::...............,..::::: .:::..•...•..^":....•....; 'PRESERVE ,::::::::::}:.v.�::::::::::::::.:�::tiff{{•... �. :' ..::::•:::•..: {{{:{{{..:.,..::. .�:::::::::::•:::...:::::::::::::::::::::... _ .. Last.Gree1�;<: 0&>, .:::•::::• :. � ,... <::�::z< ::<::� :::: ':;;::>::::><»>::»::. r1 t Ci of PA R C E L TO BE MANAGED ::; Palo AltoXX f ti BY DISTRICT::........ 07 MON IL 13E-LL0 OPEN SPA0,E :XXX' ♦ ••.. e '--.. \ PH SER4 r 1 4 (12/94) 3/18/97 0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 One Mile FOOTHILLS OPEN SPACE PRESERVE LANDS TO BE MANAGED BY PALO ALTO Its FOOTHILLS PARK 2� / O LEASHED DOGS ALLOWED ON TRAIL * . 130/ X . RO D)SIDE PULLOUT '�;: •:`°:; PARCEL TO BE MANAGE BY PALO ALTO01. w. ,..., � OPEN SPACE EASEMENT, ol Feb1993" A 12.0 �- LOS TRANCOS O.S.P.A PROPERTY MANAGEMENT AGREEMENT BETWEEN THE CITY OF PALO ALTO AND THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT This Agreement is made on the Day of 19—by and between City of Palo Alto, a municipal corporation, hereinafter called "CITY" and Midpeninsula Regional Open Space District, a public agency, hereinafter called "DISTRICT". RECITALS 1. DISTRICT owns 39.10 acres of unimproved land adjacent to Foothills Park and CITY owns 85.37 acres of unimproved land east of Page Mill road at Montebello Road adjacent to DISTRICT land. 2. DISTRICT and CITY desire to exchange oversight responsibility for the two parcels. 3. DISTRICT and CITY desire to create a separate Agreement for each of the two parcels of land. This Agreement pertains to the DISTRICT owned 39.10 acre parcel, hereinafter referred to as the "District property". NOW, THEREFORE, in consideration of the premises as set forth above,the parties hereto mutually agree as follows: I. PROPERTY DESCRIPTION: Subject to the terms and conditions set forth in this Agreement, DISTRICT agrees to CITY'S oversight of that certain property described and shown in"Exhibit A". Exhibit A is attached to and, by this reference made a part of this Agreement. 11. MANAGEMENT RESPONSIBILITY: CITY shall be responsible for the management of the entire DISTRICT property for as long as this Agreement shall remain in effect. CITY may install gate(s), appropriate signing, and fencing as necessary in the sole opinion of CITY and may undertake such other steps as CITY deems necessary or appropriate for the proper and safe management of the property. The property may be opened for public access and used in a manner consistent with CITY policies and regulations applicable to CITY owned property, at CITY's sole discretion. 111. PATROL:. CITY will patrol and manage the DISTRICT property in a manner consistent with the use of the adjacent CITY holdings to ensure that the property is kept in a safe and sanitary condition and that deleterious or incompatible uses of the property are prohibited. Should any trespass or other unauthorized use or activities occur upon the property, CITY may exercise its authority to correct these matters including, where 3.5RELEASES.IMI)PEN2 necessary, enforcing CITY regulations and ordinances on the property. IV. TERMINATION: This Agreement shall become effective as of the date of the last signature and shall continue in perpetuity unless terminated by either party, upon 60 days written notice. Either party may terminate this Agreement without cause. VI. NO PROPERTY RIGHTS: The parties agree that this Agreement confers no property rights upon CITY. VII. STRUCTURES: No structures, improvements, or facilities shall be constructed, erected, altered, or made upon the DISTRICT property without the prior written consent of DISTRICT (excepting those gates, signing and fencing as stated in paragraph II.) City shall obtain any and all permits and/or licenses which may be required in connection with the use of, or any approved CITY construction upon, the property. VI. LEGAL RESPONSIBILITY AND INDEMNIFICATION: During the life of this Agreement, CITY shall have full legal responsibility for management, control and operation of the subject property and the condition thereof and for all activities conducted thereon, and in this respect, except as otherwise set forth herein, CITY shall hold DISTRICT harmless from and defend DISTRICT against any and all claim or liability for injury or damage to any persons or property whatsoever occurring during the life of this Agreement in, on or about the subject property arising out of any condition of the property or of any act, neglect, fault or omission by the CITY with respect to CITY responsibilities as set out in this Agreement. DISTRICT likewise agrees to indemnify, defend and hold harmless CITY and its agents, officers, officials, and employees against any and all claims or liability for injury or damage to persons or property arising out of or resulting from the negligent acts or fault of DISTRICT, or its agents, employees, officers or servants, in connection with the subject property. In the event of concurrent negligence, each party will bear responsibility for its acts in proportion to its fault under the doctrine of comparative negligence. VIII. INSURANCE: CITY shall, at its sole cost and expense, obtain and keep in force during the term of this Agreement a policy of comprehensive general liability insurance utilizing an Insurance Services Office standard form with broad form general liability endorsement (GL0404), or equivalent, in an amount of not less than one million dollars per occurrence for bodily injury and property damage combined resulting from or arising out of CITY's management of the DISTRICT property, and shall insure CITY (with DISTRICT as an additional insured) against liability arising out of the use or maintenance of the property; CITY, at its option, may self-insure for the required amounts or by providing proof of coverage of CITY's participation in a pooling program with applicable coverage. Compliance with this insurance requirement shall not, however, limit the liability of CITY to indemnify and defend DISTRICT hereunder. 3.5RELEASES.I/MIDPEN2 -2- IX. HAZARDOUS SUBSTANCES: A. Definition As used herein, the term "Hazardous Materials"means any substance or material which has been determined by any state, federal or local governmental authority to be capable of poising or a risk of injury to health, safety, and property, including petroleum and petroleum products and all of those materials and substances designated as hazardous or toxic by the U.S. Environmental Protection Agency, the California Water Quality Control Board, the U.S. Department of Labor, the California Department of Industrial Relations, the California Department of Health Services, the California Health and Welfare Agency in connection with the Safe Water and Toxic Enforcement Act of 1986,the U.S. Department of Transportation, the U.S. Department of Agriculture, the U.S. Consumer Product Safety Commission, the U.S. Department of Health and Human Services, the U.S. Food and Drug Administration or any other governmental agency now or hereafter authorized to regulate materials and substances in the environment. Without limiting the generality of the foregoing, the term"Hazardous Materials" shall include all of those materials and substances defined as `toxic materials"in Sections 66680 through 66685 of Title 22 of the California Code of Regulations, Division 4, Chapter 20, as the same may be amended from time to time. B. City's Use of the Property: During the term of this Agreement, CITY shall abide and be bound by all of the following requirements: I. CITY shall comply with all laws now or hereafter in effect relating to the use of Hazardous Materials on, under or about the DISTRICT property, and CITY shall not contaminate the DISTRICT property, or its subsurfaces, with any Hazardous Materials. ii. CITY shall restrict its use of Hazardous Materials on the DISTRICT property to those kinds of materials that are normally used in maintaining the DISTRICT property. Disposal of any Hazardous Materials on the DISTRICT property is strictly prohibited. Storage of such permissible Hazardous Materials is allowed only in accordance with all applicable laws now or hereafter in effect. All safety and monitoring features of any storage facilities shall be approved by CITY'S Fire Chief in accordance with all laws. iii. CITY shall be solely and fully responsible for the reporting of all Hazardous Materials releases to the appropriate public agencies, when such releases are caused by or result from CITY'S activities on the DISTRICT property. CITY shall immediately inform DISTRICT of any release of Hazardous Materials, whether or not the release is in quantities that would otherwise be reportable to a public agency. iv. CITY shall be solely and fully responsible and liable for such releases on the DISTRICT property, or into CITY'S sewage or storm drainage systems. CITY 3.5RELEASES.I/MIDPEN2 -3- shall take all necessary precautions to prevent any of its Hazardous Materials from entering into any storm or sewage drain system or from being released on the DISTRICT property. CITY shall remove releases of its Hazardous Materials in accordance with all laws. In addition to all other rights and remedies of CITY hereunder, if the release of Hazardous Materials caused by CITY is not removed by CITY, DISTRICT may pay to have the same removed and CITY shall reimburse DISTRICT for such costs within sixty (60) days of DISTRICT'S demand for payment. V. CITY shall protect, defend, indemnify and hold harmless DISTRICT from and against all loss, damage, or liability (including all foreseeable and unforeseeable consequential damages) and expenses (including, without limitation, the cost of any cleanup and remediation of Hazardous Materials)which DISTRICT may sustain as a result of the presence or cleanup of Hazardous Materials on the property arising out of or resulting from CITY's management of the DISTRICT property. vi. CITY'S obligation under this Clause shall survive the expiration or earlier termination of this Agreement. X ASSIGNING, SUBLETTING AND ENCUMBERING PROHIBITED: Since DISTRICT has relied on the specific background and capabilities of CITY in awarding this Agreement, any mortgage,pledge, hypothecation, encumbrance,transfer, lease, or assignment(collectively referred to as encumbrance)of CITY's interest in the DISTRICT property, or any part of portion thereof, is prohibited. Any attempted encumbrance shall be null and void and shall confer no right, title or interest in or to this Agreement. XI. NOTICES: Unless otherwise required by the terms of this Agreement, whenever notice is required by this Agreement, it shall be mailed, first class, postage prepaid,to the following: To CITY: To DISTRICT: City Clerk General Manager, Midpeninsula City of Palo Alto Regional Open Space District P.O. Box 10250 330 Distel Circle Palo Alto, Calif. 94303 Los Altos, Calif. 94022 with a copy to: Superintendent, Open Space and Sciences City of Palo Alto P.O. Box 10250 Palo Alto, Calif. 94303 3SRELEASES.I/MIDPEN2 4- IN WITNESS WHEREOF, the parties have executed this Agreement the year first above written. CITY OF PALO ALTO, a MIDPENINSULA REGIONAL municipal corporation: OPEN SPACE DISTRICT, a public agency: By By Mayor President, Board of Directors ATTEST: ATTEST: By By City Clerk District Clerk APPROVED AS TO FORM: By City Attorney RECOMMENDED FOR APPROVAL: By By Deputy City Manager, Director, Community Services Administrative Services By By Manager, Real Property Superintendent, Open Space and Sciences 3.5RELEASES.UMIDPEN2 5- ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA ) On 1997, before me, (NOTARY) personally appeared SIGNERS) personally known to me -or- proved to me on the basis of satisfactory evidence to be the person(s) whose name is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) , and that by his/her/their signature (s) on the instrument the person(s) , or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal . NOTARY'S SIGNATURE 33RELEASES.UMIDPEN2 -6- Exhibit .A - 1 A.P.NO. 351-035-001 . JUNE 19 , 1996 APPROVED /PREPARED BY: JAMES D. KIEHL CHECKED BY : JAMES T. BOURQUIU CHECKED BY : JAY E. REMLEY, SR. LEGAL DESCRIPTION PAR 5 All that real property in the City of Palo Alto, County of Santa Clara, State of California described as follows, All of the Fractional West Half of the Southeast Quarter/ consisting of Lots 2 and 3 of Section 3 , Township 7 south, Range 3 West, Mount Diablo ' Base and Meridian lying westerly of the centerline of Page Mill Road. Said Parcel 5 is shown on attached map "EXHIBIT A-211 and made a part hereof. Containing 39 . 10 acres more or less. End of Legal Description. LEGAL: 351351 PLAT: Q8061996.DWG PAGE 1 )f 2 CITY 0F PF.LO ALTO FnU;;o IRON PIPE PEP P.Eco?D 0 SURVEY --- B001< 26? P 1GE 39/40/4I//.2 -. P.i•;: AND 6X6 POST HAPKED J93 f / S131j1r4ZRLY LIN- ExhibitA - 2 ,,,,,,,,,,,,/,,,,,,,,,,,, ,,,,,,, J IJ HID PENINSULA P.=G10-1IAL 0?Er+ SPACE i ,O - JJ �, 1�-- - --- - ---- - LOT- LINE I "/" PAGE MILL ROAD S e%% i HID PENINSULA REGIONAL OPEN SPACE ; CENTEP.LIPIE OF PAGEMILL ROAD BASED UPON APPPDXINATE SPLIT OF EXISTING ROAD EDGES. SECTI = IN 3 SBo' 31, 09•. C 49 i �-- ------------------------- SECTION 10 CENTEP.LINE OF PAGE MILL ROAD PER RECORD OF SURVEY BOOK 129 PAGE 3:. SCALE 1' 6-16-96 09061f39s.DWG JA;•!=S D. KICH- PAGE 2 of 2 Regional Open , ace 1 1 R-97-57 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-08 March 26, 1997 AGENDA ITEM Acceptance of Insurance Coverage for 1997-1998 -+ GENERAL MANAGER'S RECOMMENDATIONS r�� 1. Accept the package (property and general liability), auto, umbrella liability, and fidelity bond insurance coverage bid totalling $156,243 from Flinn, Gray & Herterich based on the quotations shown on Exhibit A from Reliance, General Accident Insurance, Fireman's Fund Insurance, and Chubb for the period of April 1, 1997 through March 31, 1998. 2. Authorize District Legal Counsel and the General Manager to review the public entity errors and omission policy to be submitted by Flinn, Gray & Herterich and to approve the policy at a premium not to exceed $10,000 on behalf of the Board. Discussion: Flinn, Gray & Herterich of Palo Alto, the District's insurance broker, has submitted the attached bid package totaling $156,243. The firm is still in the process of securing a firm quotation for the District's public entity errors and omission coverage. This coverage is estimated to cost $10,000. The bid package (including the estimated $10,000 for errors and omission coverage) totals $166,243. This total is $15,704 more than the District's 1996-1997 insurance premiums that totalled $150,539 and overall represents a 10.4% increase. The coverage period is April 1, 1997 through March 31, 1998. The bid information is: 1. Package (Property and General Liability): Reliance has bid $113,480, a 29% increase over the 1996-1997 premium of $87,917. The property premium is $22,770 and the general liability premium is $90,710, a 42.6% increase over the 1996-1997 premium of $63,598. 2. Auto: General Accident Insurance has bid $21,463, a 4.6% decrease from the 1996- 1997 premium of $22,508. 3. Umbrella Liability Coverage: Fireman's fund has quoted $15,500 for the District's $5 million-limit umbrella liability coverage. This compares to the 1996-1997 premium of $25,068, and represents a 38% decrease. 4. Fidelity Bond Coverage: Chubb's premium bid is $5,800, the same amount as the 1996-1997 premium. 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. ritton R-97-57 Page 2 As noted above, Flinn Gray & Herterich is still in the process of soliciting quotations for the public entity errors and omission coverage. Since this policy needs to be in effect on April 1, I am requesting that you authorize District Legal Counsel and the General Manager to review the proposed errors and omissions policy in your behalf and approve the policy at a cost not to exceed $10,000. Prepared by: Jean H. Fiddes, Administration Services Manager Contact person: Same as above R-97-57 Page 3 EXHIBIT A INSURANCE COVERAGE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 1997-1998 COVERAGE COMPANY BID QUOTATION Package (Property and General Liability) Reliance $113,480 Auto General Accident $ 21,463 Umbrella Liability Fireman's Fund $ 15,500 Fidelity Bond Chubb $ 800 $156,243 Re,.glonai Open 'f MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-97-50 Meeting of 97-08 March 26, 1997 AGENDA ITEM Acceptance of 1997-1998 Insurance Premiums for District's Property and General Liability, Umbrella Liability, Automobile, Fidelity Bond, and Public Entity Errors and Omission Insurance Coverage DISCUSSION As of Friday, March 21, 1997, Flinn, Gray and Herterich of Palo Alto, the District's insurance broker, was still in the process of soliciting quotations for the District's 1997-1998 insurance coverage. The insurance bid package will be presented for your review and approval at your March 26 meeting, Prepared by: Jean Fiddes, Administrative Services Manager Contact person: Same as above 330 Distel Circle I Los Altos, CA 94022-1404 0 Phone:415-691-1200 FAX:41 5-691-0485 1 E-mail: i-nroscl@openspace.org openspace.org Web site:www.openspa(e.org Board of Ditec tors:Pete Siemens,Mars C.Davey,Jed Cyr, David T.Smernotf, Nonette Hanko,Betsy Crowder, Kenneth C. Nitz . General Nl mfger L.Craig Britton Regional Open Soce egiol R-97-51 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-08 March 26, 1997 AGENDA ITEM Adoption of Budget for Fiscal Year 1997-1998 G" GENERAL MANAGER'S RECOMMENDATIONS 1. Approve the filling of the two new Open Space Technician positions in the Operations Program. 2. Approve the creation and filling of the Seasonal Interpretive Aide position for the David C. Daniels Nature Center in the Public Affairs Program. 3. Adopt the attached resolution approving the budget for the 1997-1998 fiscal year. DISCUSSION The proposed budget for the 1998-1999 fiscal year was presented for your review at your March 12, 1997 meeting (see reports R-97-35 and R-97-35). The budget is being presented again for your final consideration and adoption. As noted in report R-97-35, the proposed expense budget presented at the March 12 meeting did not include any potential cost-of-living adjustments and related benefit increases for the District's office, supervisory, and management staff and District employees represented by S.E.I.U. - Local 715. The budget figures have been adjusted to include a 3% cost-of-living adjustment for all General Manager appointees, as well as related benefit increases tied to salary. The revised budget for the 1997-1998 fiscal year now totals $25,014,825 and breaks down as follows: Debt Service $5,979,600 Capital Improvement Projects $811,800 Facilities (Field Offices) $175,000 Operating Expenses $5,045,425 Land Purchases $13,003,000 Proposed 1997-1998 operating expenses of $5,045,425 shown above do not include $49,800 to be expended in the District's PERS surplus asset account as of April 1, 1997. 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 the total operating budget for 1997-1998 to $5,095,225. 330 Distel Circle 0 Los Altos, CA 94022-1404 0 Phone:415-691-1200 FAX:415-691-0435& E-mail: mrosd 1oopenspace.org I Web site:www,openspace.org Board of Directors:Pete Siemens,Mary C. Davey,led Cyr,David T.Smernoff, Nonette Hanko, Betsv Crowder, Kenneth C. Nitz * General Manager:I.Craig Britton R-97-51 Page 2 The 1997-1998 proposed operating budget of$5,095,225 (including the $49,000 PERS surplus to be used) is 15.8% 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. Over the three year period since the implementation of the target average six percent growth guideline for operating expenses, operating expenses have averaged 7.1% per year. If the staffing related "jump" of$175,000 in the 1997-1998 proposed budget is subtracted from the current proposed operating budget of$5,095,225, the three year average drops to 5.7%. As part of approving the proposed budget, staff is requesting authorization to fill the two new Open Space Technician positions included in the 1997-1998 Operations Program budget and the seasonal Interpretive Aide position is the Public Affairs Program. Prepared by: Jean H. Fiddes, Administrative Services Manager Contact person: Same as above RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ADOPTING BUDGET FOR FISCAL YEAR 1997-1998 The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The budget for the Midpeninsula Regional Open Space District for the fiscal year 1997-1998 is adopted as set forth in Exhibit A. Section Two. The District's allocation of property taxes collected shall correspond to the maximum tax rate of one percent of assessed valuation for all agencies within each county. Section Three. A total tax rate of ten cents ($0.10) per $100 assessed valuation is adopted or such lesser amount as may be allowable by law. Section Four. An adjustment to the New Land Purchases budget category shall be made to reflect any difference between actual revenue and budgeted revenue. Section Five. Monies are hereby appropriated in accordance with said budget. EXHIBIT A Midpeninsula Regional Open Space District Budget for Fiscal Year 1997-1998 I. REVENUES A. Tax Revenues $11,160,000 B. Grant Income 886,000 C. Interest Income 845,000 D. Rental Income 593,000 E. Other Income 50,000 TOTAL INCOME $13,534,000 II. INCREASE IN RESERVES ($11,480,825) III. EXPENDITURES A. Debt Services 1. Interest $4,533,650 2. Principal 11445,950 DEBT SERVICE SUBTOTAL $5,979,600 B. salaries 1. General Manager Appointees $2,537,250 2. Salary Incentive Awards 50,000 3. General Manager 95,350 4. Legal Counsel 44,000 5. Controller 9,500 _Benefits $627,550 C. Directors' Fees $27,000 SALARIES AND BENEFITS SUBTOTAL $3,390,650 EXHIBIT A PAGE 2 D. Services & Supplies 1. Legal Services $ 14,000 2. Regular Outside Services 32,600 3. Land Option Fees 5,000 4. Contract Services 203,250 5. Library and Subscriptions 5,800 6. Film and Developing 1J00 7. Rents and Leases 10,000 8. Utilities 93,150 9. Postage 74,250 10 Printing and Duplicating 32,650 11. Insurance 192,500 12. Advertising 9,000 13. Maps and Aerials 1,950 14. Private Vehicle Expense 14,000 15. District Vehicle Expense 141,000 16. Business Meeting Expense 8,550 17. Personnel Development 66,125 18. Maintenance/Repair Equipment 20,600 19. Operating Expenses-Distel 12,300 20. Computer Expenses 9,150 21. Office Supplies/Small Equipment 10,850 22. Field Supplies/Small Equipment 42,000 23. Outside Maintenance Services 181,900 24. Property Taxes and Permits 4,000 25. Communications - Publications 133,550 26. Communications - Special Projects 20,800 27. Volunteer Program 11,800 28. Miscellaneous 400 SERVICES AND SUPPLIES SUBTOTAL $1,352,275 F. Fixed Assets 1. Previous Land Commitment 303,000 2. New Land Purchases 12,700,000 3. Appraiser 25,000 4. Site Acquisition Expense 1,000 5. Legal Fees 100,000 6. Site Engineering 10,000 7. Option Fees 15,000 8. Structures and Improvements 994,800 9. Field Equipment 76,500 10. Office Equipment 15,000 11. Vehicles 52,000 FIXED ASSETS SUBTOTAL $14,292,300 TOTAL OF ALL EXPENDITURES $25,014,825 Regional f .. R-97-52 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-08 March 26, 1997 AGENDA ITEM Fiscal Year 1997-1998 Budget 1997 ADMINISTRATION AND BUDGET COMMITTEE'S RECOMMENDATION Accept the proposed 1997-1998 budget and the recommendations number 1-5 below. DISCUSSION The charge to the Committee was to review a proposed budget to determine whether it reflects a realistic view of projected income and the planned work program for the coming fiscal year, and follows the Board approved guidelines for operating expense growth and cap on capital improvements. These guidelines (established in 1994) include a 6% limit on operating expenses such as salaries, benefits, services, supplies, and equipment, as well as a yearly cap on capital improvement projects of$ 600,000. Special projects such as a one time mailing or a new field office may be excepted depending on financial conditions. The Committee met six times with various program managers and staff members to review budget items. The review included consideration of the Action Plan, the Five Year Work Program, the Five Year Equipment Schedule, and previous years' expenditures. The proposed budget for 1997-98 totals $25,014,825, including $5.05M for operating expenses and $810K for capital projects (not including field office work of$175K). Included in operating expenses is funding for cost of living adjustments for all staff except Board appointees (General Manager, Legal Counsel, Controller), and the special mailing of the visitor map. The Committee is comfortable recommending the proposed capital improvement budget because last year's projected costs added to this year's plans average under $600K per year; also nearly $300K of the 1997-98 work is covered by grants. The proposed operating expenses are 1% above the 6% growth guideline (using the 1994-95 budget as a base). The Committee looked particularly at the impact of the reorganization between the Operations and Public Affairs Departments, and the addition (actual plus proposed) of over four full time equivalent positions in these departments since the original 1996-97 budget was adopted. The blended increase for these departments is 7.3%. However, decreases in other departments' proposed operating expenses has kept us within I% of the guideline for this year (even including the map mailing). In the past two years, the budget, as well as actual expenditures, have been 2-3% below the guideline so the Committee 61nfortable recommending this budget in terms of meeting the guidelines on Celebrate 25 Years of Open Space Preservation 330 Distel Circle - Los Altos, CA 94022-1404 - Phone:415-691-1200 1972-1997 - FAX:415-691-0485 * E-mail: mrosci@of)enspace.org * Web site:www.openspace.org fs Board of fDirectors:Fete Siemens, , , , , ,Mary C.Davey Jed Cyr David T.Smernoff, Nonette Hanko Betsy Crowder Kenneth C.Nitz General Ma� N01 �� pager L.Craig Britton R-97-52 Page 2 an average basis. Controller Mike Foster expressed concern that we may be setting a precedent with the large increase from last years projected expenditures, so we need to look at future increases very carefully. Controller Mike Foster met with the Committee and presented a financial review of the 1996-97 year, a review of the 1996-97 tax revenue versus budget, the 1997-98 tax revenue estimate, and projections for revenue, debt service and cash flow. This information was subsequently presented to the Board. Of particular significance is the fact that our statutory debt limit increases by $8.8M allowing the District to issue, conservatively, an additional $6M in bonds this next year for land purchases. The Administration and Budget Committee recommends that the Board: 1) Accept the proposed 1997-98 Budget. 2) Carry over the unused 1996-97 authorized salary incentive award amount of $25000. The budget for 1997-98 is $50000 which includes this amount. 3) Direct the ad hoc General Manager Evaluation Committee to initiate a salary review and evaluation for the Board appointees (General Manager, Legal Counsel, Controller). 4) Review the 1996-97 actual versus budgeted expenditures after completion of the 1996-97 audit; mid-way through the fiscal year, review the 1997-98 budget and expenditure status, and meet with the Controller for a review of the District's financial status. 5) Later in the fiscal year, review with staff the process and criteria for meeting the target 6% maximum growth in the operating budget; develop a charting method to allow the Board to better visualize the operating budget and guideline, actual operating expenditures, and income growth over time. Prepared by: P. Siemens for the Administration and Budget Committee (Directors J. Cyr (Chair), K. Nitz, and P. Siemens) Contact person: Director Siemens Regional m Meeting 97-08 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT March 26, 1997 AGENDA ITEM Annual Claims List for Fiscal. Year 1997-1998 CONTROLLER'S RECOMMENDATION Approve the annual claims list, including debt service payments for the 1997-1998 fiscal year. DISCUSSION In accordance with Section 1.53 of the District's Rules of Procedure, this list of annual claims for the 1997-1998 fiscal year is submitted for Board approval. All items are in accordance with the budget to be presented at your March 26 meeting for approval. Staff will submit a revised annual claims list during the 1997-1998 fiscal year to reflect necessary changes. The debt service claims list reflects payments required by currently outstanding debt. Attachment A lists the District's current debt service annual claims for 1997-1998, and Attachment B provides a detailed list of debt service obligations. ANNUAL CLAIMS ITEM DESCRIPTION AMOUNT Directors' Fees $ 27,000 Staff Salaries 2,537,250 Retirement Funds 257,050 Group Insurance Premiums 269,850 State-Mandated Insurance 100,650 Dr. Steven M. Loy (H. Grench Dental Coverage) 850 Management Vehicle Expense (Craig, Mary, Del) 6,700 Utilities - PG&E 56,700 Legislative Consultant (Heim, Noack, & Spahnn) 15,000 Dispatching Services (City of Mountain View) 15,000 Reuben's Janitorial Service (330 Distel) 16,000 Bettencourt American Landscape (330 Distel) 6,200 Antenna Site Rental - Motorola Inc. (Repeater Site) 2,000 Fuel - Valley Oil Company 52,000 Prepared by: Michael L. Foster, Controller Bunny Congdon, Accounting Specialist Contact person: Same as above 330 Distel Circle R Los Altos, CA 94022-1404 Phone:415-691-1200 FAX: 415-691-0485* E-mail:rnrosd@openspace.org Web site:www.openspace.org Board of Dire(tors:fete Semens,Mary C. Davey,Jed Cyr, David T.Smernot,t,Nonette Hanko,Betsy Crowder, Kenneth C. Nitz» General Manager:L.Craig Britton ANNUAL CLAIMS DEBT SERVICE FISCAL YEAR 1997-1998 NOTEHOLDER-LAND PRINCIPAL INTEREST Aine 8,049.36 10,075.44 Leve rich-Corn 3,591.72 1,060.08 Lazenby 4,332.81 4,385.65 Hosking 0.00 32,500.00 BONDS PAYABLE 1990 Notes 615,000.00 994,200.00 1992 Notes 320,000.00 472,235.00 1993 COP'S 350,000.00 939,122.50 1995 Notes 0.00 799,017.50 1996 Note 0.00 820,430.00 1996 JPFA Lease 145,000.00 460,550.00 TOTALS--NOTEHOLDERS & BONDS 1,445,973.89 4,533,576.17 DEBT SERVICE 97/98 M131/97 OPEN SPACE PRESERVE Payable to Close of Escro Original Note Rate% Terms Remaining Principal Final Paym.Due Payable 97/98 Principal interest Foothills Alne 01/18/89 192,OOQ00 7.0 20 years 143,934.87 12/1 B/08 1 Q124.80 R049.36 1 Q075.44 Sierra Azul Leverich 05/13/81 5Q000.00 7.0 20 yews 16,769.40 ow2ar2 01 4,851.80 3,591.72 1,080.08 Lazenby OB/31/88 10Q000.00 6.0 20 years 73,094.17 OB/31/2008 8,718.46 4,=81 4,3BR65 15QOMOO 89,863.57 13,370.26 7,924.53 5,445.73 Skyline Hosldng 03/01/BB 50Q000.00 6.5 10years 50000000 03/01/2003 32,500.00 Q00 32,50Q00 SUBTOTAL-NOTEHOLDERS 84ZOMOO 733,798.44 63,gmoe 15,973.Bg 48,021.17 Varlous Notes 1990Note 09/01/90 15,000OOQ00 7.41 20 years 14,48QOOD.00 09/01/2010 1,80Q200.00 815,000.00 994,2MO0 1992Note 12/01/92 B4OOQ000.00 8.09 20 years Q000000.00 12/01/2012 M23500 32QOMOD 472,235.00 1993Cop's 09/01/2020 17,315,000.00 8.99 25years 17,22560MOO 09/01/2020 1,2BR12250 35QOMOO 939,12250 1995 Note 03/31/2016 1115000MOO 7.07 20 years 11,50QOOQ00 03/31/2015 799,017.50 Q00 79ROl 7.50 1996 Note 07/96 1 Al BQ481.00 8.09 20 years 18,1 BQ481.00 09/01/2016 820,430.00 O.00 82Q43QOD 1996JPFALease 07/96 11,743,72Q00 6.09 30years 11,743,720.00 09/01/2028 60555000 14r4OOQOO 46Q55Q00 SUBTOTAL-NOTES 81,725,201.00 81,095,201.00 5,915555.00 1,43QOOQ00 4,485,555.00 TOTALS—NOTEHOLDERS&NOTES 82567,201.00 81,82R999.44 54979,550.08 1,44597389 4,533,576" Open Space t� 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-97-29 Meeting 97-08 March 26, 1997 AGENDA ITEM Tentative Adoption of an Amendment to the Preliminary U.&e..and Management Plan for La Honda Creek to Change the Use of an Existing Mobile ome from a Caretaker Residence to an Employee Residence GENERAL MANAGERS RECOMMENDATION Tentatively adopt an amendment to the preliminary Use and Management plan to permit the use of the mobile home as an employee residence and the associated out buildings for District storage. BACKGROUND The 1,100-acre McDonald property was acquired by the District in 1990. An approximately 910 square foot mobile home is located on the property, which was used as a foreman's residence until the end of the grazing lease in 1995. Since that time it has been used as a caretaker's residence. DISCUSSION In the Board report recommending acquisition of the McDonald property (R-90-37), it was noted that "the mobile home would make a good ranger or caretaker residence." The conversion of the residence from a caretaker facility to an employee residence would be beneficial for the following reasons: • La Honda Creek Open Space Preserve is a large holding, with a significant amount of road frontage. Having an employee resident on the property would increase staff presence and reduce problems of vandalism, hunting, trespass and other forms of depreciative behavior, which are currently being experienced. Having a ranger resident in the area would ensure that someone with sufficient authority would be available to deal with the problems as they arise. • Having an employee resident on the property would decrease the response time to emergency calls and would increase the patrol presence, especially on the west side of the preserve, which is geographically remote. • An employee resident on the property would increase the District's presence in the La Honda area. This would improve the relations with, and would be a benefit to, the local community. This is an area where there is currently no resident staff presence. 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 • E-mail:mrosd@netcom.com Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,Ginny Babbitt,Nonette Hanko,Betsy Crowder,Wim de Wit General Manager:L.Craig Britton R-97-29 Page two • The home and facilities do need some improvements and repairs, estimated at $5,000. These costs are included in the proposed 1997-1998 budget. • The associated out buildings could be used for secure storage of District supplies and equipment. The caretaker is on a month-to-month lease and has been aware, for some time, of the District's interest in having the home as an employee residence. The caretaker would be given a minimum of 90 days notice to allow for sufficient time to find a new residence. CEQA COMPLIANCE The District concludes that the action proposed in this report does not constitute a project as it will not result in a physical change to the environment. The proposed uses of the mobile home and associated out buildings are similar to past uses of the structure under the terms of the grazing lease. PUBLIC NOTIFICATION Pursuant to Public Notification Policy, as revised March 12, 1997 (R-97-28) copies of this report have been circulated to property owners on La Honda Road, whose properties have been identified as being adjacent to the proposed employee residence. Prepared by: Gordon Baillie, Operations Analyst John Escobar, Operations Manager Contact Person: John Escobar, Operations Manager Regional Open S.tce R-97-45 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-08 March 26, 1997 AGENDA ITEM Authorization for Staff to Enter into Contract with Terratech, c. 6f,San Jose for $43,000 to Provide Geotechnical Engineering Services in the Repair of F ve Land fides GENERAL MANAGER'S RECOMMENDATIONS 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. Authorize the General Manager to contract with Terratech, Inc. of San Jose for geotechnical engineering services toward the repair of landslides at five separate open space preserves at a cost of$43,000. DISCUSSION At your April 12, 1995 meeting, you authorized submittal of an application for disaster funding assistance to the Office of Emergency Services (OES) and the Federal Emergency Management Agency(FEMA) for landslides and other damage resulting from severe storms in January and March, 1995 (see report R-95-55). Funding for nine separate landslide repair projects was requested. Eight were funded for repairs. Three projects are either complete, being repaired by field staff, or being contracted separately. The remaining five landslide repair projects are located at Skyline Ridge, Long Ridge, Purisima Creek Redwoods,Monte Bello, and St. Joseph's Hill Open Space Preserves. A brief description of each landslide site is attached (see Exhibit 1). On February 14, 1997 requests for proposals were sent out to twelve experienced geotechnical engineering firms. Proposals were requested from qualified consultants to provide turnkey' services for the five projects, including soil testing, design, permitting, construction administration, and potentially other projects or tasks as required. Interested consultants were invited on a tour of the landslide sites on February 20, 1997. Representatives from five firms attended the site tour. Four consulting firms submitted proposals for the project. Staff reviewed the proposals and selected Terratech, Inc. of San Jose as the top firm based on the following criteria: 1. Demonstrated experience in landslide geotechnical studies and repair in the Santa Cruz Mountain region; 2. familiarity with FEMA grant administration; 3. a clear, concise and complete preliminary approach and budget; 4. rates, experience and commitment of the individuals providing services as required throughout the project; and 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 I� R-97-45 Page 2 5. ability to provide the required insurance coverage and sign the District's standard agreement for services. Staff recently met with representatives of Terratech, Inc. to discuss their proposal in greater detail. Staff was impressed with their common sense approach to the landslide repair projects. Terratech, Inc. has considerable experience in the area of landslide repair, including experience in this region. They also received excellent references from the City of Oakland and the City of Milpitas. The staff assigned to the project are highly qualified in the study and repair of landslides. FUNDING The five projects were funded by FEMA for a total amount of$78,788. A breakdown of the funding for each project is listed in Exhibit 1. An additional $29,000 in Caltrans funding is available for the project at St. Joseph's Hill Open Space Preserve in Los Gatos, for a total available grant of$107,788. Based on initial site visits and discussions with staff, Terratech, Inc. has estimated the cost for their fees and related expenses to design, obtain permits and administer construction at $43,000. Additionally, Terratech has roughly estimated the construction cost at $112,708. These estimates are broken down by project in Exhibit 1. The total estimated cost for the projects exceeds the grant funding, and the amount allocated in the 1997-1998 fiscal year budget, by$51,708. However, FEMA staff has stated that FEMA's current policy is to reimburse agencies for all project costs, even if they exceed the approved grant amounts. Given the difficulty staff has experienced in the past in working with FEMA, staff believes that follow-through on this promise is not assured. However, staff and the consultants are committed to making every effort to secure full reimbursement. The current budget for the projects is sufficient to cover the consultant costs. Staff will return to the Board for authorization to increase the budget for the projects when construction costs are more definitive. CEQA COMPLIANCE PPr ject Description The project consists of repairs to trails, patrol roads and driveways damaged by landslides on five separate preserves in the Santa Cruz Mountain region. The repair work will generally be confined to existing disturbed areas. Pr!Qject Determination_under CEOA The District concludes that this project is categorically exempt from CEQA under section 15302 of the CEQA Guidelines. R-97-45 Page 3 Categorical Exemption Section 15302 -Replacement or Reconstruction The landslide repairs will consist of the replacement or reconstruction of roads or trails at five separate locations(Skyline Ridge, Long Ridge, St. Joseph's Hill, Purisima Creek Redwoods Open Space Preserves). The work to be conducted will replace the road or trail on the same site. Grading and/or building permits are anticipated to be necessary for the repairs at Skyline Ridge, St. Joseph's Hill and Purisima Creek Redwoods Open Space Preserves. The permitting agencies (San Mateo County and the Town of Los Gatos)will prepare a separate CEQA determination during the permit application review process. The trail reconstruction project at Monte Bello is also categorically exempt under Section 15302. The trail will be reconstructed at the same location as the trail which was damaged by landsliding during the winter of 1994-1995. Prepared by: Jane Saltman, Contract Planner Mary de Beauvieres, Open Space Planner Randy Anderson, Senior Planner Contact person: Mary de Beauvieres, Open Space Planner Exhibit 1: FEMA Funded Landslide Repairs SITE #1 Skyline Ridge Open Space Preserve: Bach Driveway Permitting Agency: San Mateo County Grant Funds Available: $26,250 Estimated Consultant Fees: $10,200 Estimated Construction Cost: $29,300 The landslide is located between Alpine Road and an upslope driveway which provides access to the MROSD property. It occurred during the rain storms of January and March of 1995. The driveway was constructed on a moderately steep slope using short cuts and fill up to about 5 feet in thickness. The slide is about 32 feet wide at the driveway and extends for a length of about 60 feet. It appears that the slide was caused by concentrated surface runoff during heavy rainfall. It is expected that the slide will continue to migrate upslope with resultant narrowing of the travelled way. This condition will be exacerbated by winter rainfall. SITE #2 Long Ridge Open Space Preserve: School Road Permitting Agency: San Mateo County Grant Funds Available; $12,590 Estimated Consultant Fees: $5,000 Estimated Construction Cost: $8,300 There are two areas of immediate concern where the outboard edge of School Road was impacted by slope failures caused by the winder of 1995 rainfall. The upper area involves three failures ranging in width, at the road, from about 10 to 20 feet. The failures are located in an area of very steep cuts and fill slopes and appear to have involved only fill and colluvial materials. The failures appear to have occurred when a 24-inch diameter culvert, located immediately upslope of the failures, was plugged with slope wash and slide debris from a natural drainage channel. Consequently, surface runoff flowed across the road and over the slope precipitating the failures. The other area of concern is located approximately 1/4 mile farther down School Road and closer to the existing residence. The failure in this area appears to be in excess of 30 feet wide and is deeper than the upper failures. Concentrated surface runoff during the winter rains also resulted in incised channels along the cutboard edge of School Road. Additionally, severe degradation of the road surface has resulted in pot holes, ponding areas, and adverse drainage. SITE #3 Purisima Creek Open Space Preserve: Upper Purisima Creek Road Permitting Agency: San Mateo County Grant Funds Available: $18,342 Estimated Consultant Fees: $11,700 Estimated Construction Cost: $33,500 There are two landslides located at the Upper Purisima Creek Road site. Slide #1: A section of the Upper Purisima Creek Road was involved in a 100' x 9' deep landslide. The landslide occurred at the low end of a sharp curve, and it appears that surface runoff may have caused the fill slope to slough off at the outer edge. Evidence of approximately 5' of fill is visible on the vertical headscarp. The problem seems to have been caused by inadequate drainage due to improper grade, plugged ditches and poor surface drainage. Slide #2: A minor slide occurred approximately 150' away from the major slide due to saturation and subsurface groundwater. See the attached plan of the road at the slide location. The attached sketches show the disaster damage. SITE #4 Purisima Creek Open Space Preserve: Lower Purisima Creek Road Permitting Agency: San Mateo County Grant Funds Available: $1,078 Estimated Consultant Fees: unknown Estimated Construction Cost: unknown During March, 1995 storms, a landslide (slipout) occurred on lower Purisima Creek Road east of the confluence of Purisima Creek and Grabtown Gulch. The landslide was caused by saturated soils due to surface and groundwater movement and erosion of the creekbank by Purisima Creek. The slipout is approximately 22 feet wide along the road and extends approximately 6' into the road. SITE #5 Monte Bello Open Space Preserve: Steven's Creek Canyon Trail Permitting Agency: Santa Clara County Grant Funds Available: $17,205 Estimated Consultant Fees: $8,050 Estimated Construction Cost: $13,000 Slide #1: A 180' landslide of the canyon trail and embankment, and a 130' (average) portion of the cut slope sloughed off due to saturated soil conditions. This area has a past history of landslides due to the presence of serpentine layers that become slick and slide off when saturated. Slide #2: A landslide of smaller magnitude occurred approximately 500' to the west of slide #1. 26 lineal feet of the trail and embankment was lost in the landslide that was caused by the saturated subsurface material. SITE #6 St. Joseph's Hill Open Space Preserve: Jones Trail Permitting Agency: Los Gatos Grant Funds Available: $3,323 from FEMA, $29,000 from Caltrans Estimated Consultant Fees: $8,050 Estimated Construction Cost: $28,600 A significant landslide with associated disturbances occurred along Novitiate Road and Jones Trail during the rains of January and March 1995. Novitiate Road is a service and emergency access road for the St. Joseph's Novitiate. It converges with Jones Road just south of the project site. The subject slide is located in an area where natural slopes are estimated to be approximately IH:IV. The higher Novitiate Road is an approximately 14' wide, graded, unpaved road. Jones Trail parallels Novitiate Road approximately 18 feet downslope and is limited to hiking, biking, and horseback riding. The cut slope between the two roads is inclined at approximately 1/21-1:IV. An approximately 50 foot wide by 60 to 70 foot high landslide initiated above the Novitiate Road cut slope. It appears that the landslide was precipitated by concentrated surface runoff and saturation of superficial soils. The landslide appears to have involved an estimated average thickness of 5 feet of regolith which slide over the underlying sheared bedrock. The slide debris crossed Novitiate Road, destroyed approximately 110 feet of chain link fence, and scoured vegetation and an estimated 2 feet of soil from the face of the slope above Jones Trail. This has resulted in an unstable condition along the inboard side of Novitiate Road, loss of road width at the outward edge of Novitiate Road, loss of natural erosion protection from the Novitiate/Jones cut slope, and increased concentration of surface drainage. If left unimproved, it is anticipated that headward progression of the landslide will continue with future rainfall and that the scoured portion of the slope above the trail will be subject to accelerated degradation. -_--.----. Exhibit 2: Funding Summary for FEMA Funded Landslide Repairs EsimaTed---- re nary Project Location Grant Funds Available Engineering Costs Construction Costs Permitting Agency Skyline Ridge ------_.._._--- Bach Driveway $26,250 $10,200 $29,300 San Mateo County Long Ridge __._-.------ School Road $12,590 $5,000 $8,300 San Mateo County Purisima Creek Redwoods Upper Purisima Creek Trail $18,342 $11,700 $33,500 San Mateo County Lower Purisima Creek Trail $1,078 Monte Bello - Stevens Creek Trail $17,205 $8,050 $13,000 Santa Clara County St. Joseph's Hill Jones Trail $32,323 $8,050 $28,600 Los Gatos TOTAL - $107,788 $43,000 $112,700 -- SKYLINE RAGE OPEN SPACIPPRESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Coal Creek Open Space Preserve r $Otel € 03 Od Hifi f' •, � � 'yob 0.2 i Ad 1 ; Ad9e rr t 9m r k e l a t �•' CD .:s !7 •. Stevens CreekLD f (pine .3 o (14 p ERf3t12 ;, r`3:»: {> 02 ".SRos '�. X MONTE BEL`LO 02 OPEN SPACE PRESERVE` Q \ Alpine , h , C tl J Pond )...O!}�'�1 >� 0.1ca t. I l Rio I ?.t�:: ;•0.5 p�' \ ,4 {5f3D3}: ! t' a �. 0.3 i`} f� �( 4'k °% ..0.5 ` 0.1 1 0.1 •Y: °.3 (SR ft ? t 1.7 �:, ^•• . 1 PROJECT �. -1 r- y H0.3 orsestide��'r.�:°�,7. Ldr ft r _ Lake t ) k, :� k! :!. ''r•::.{.: '�. k : 04, - l \ •? Christmas :•r�•2" ':%:3i:":". SITE #1 , 2;PGo Tree Farm if 1 ( .y•rr:i:•'r'.:•iiiii:•i::•ii:•i:}Y.•::i•i:{ii:•:!•i:•i:•i:•it'::•i:• '• i::�.%}}}%:<>• ``\ �/'� ....� — ! t.° •' ::.^,;�' xxx :.roc%:•:<�:s::<.;•�:%::�%:�%%;>:�:� f •:v:.��::::v:::::::::•>•:•:::::. ..�.�:..!,l�v:•i::. ``v%%:i%%::•%i:�r:4ii:;ii:4:4:4:•i:•i:4;,;,,, :::v::.�'r;:•}:: w.:. :::::•:::::: ................ l Jri r ...w`�m• ..1........ 1 { v.}�i:FYr :•i b'•%'4:4:•i:{p,:� Ql :4:•r<•i''tir,:{.::is ii:4:v:. ;::::: :.rf::i•%$:.....:.:..x::: ^%:i:%%i::i%i.'•: •::fv/...f•�l,v!.'"::i:,v::::::::::::::::::•i:h:•iii}i•4vii::.r. 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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 Pnmte a Leased Lands ! 4r.:.;,tt•::•::t :SKYI;,N�.�: ;?, ,;:`;`. ?::::::� ;.Wiii;.»•�� •!p. �- .✓: :.:f;. �•- ,;,,,h+'•�,, ;'? :A1lDQEii: :' ti>i i •r.% <i<'r L> l l:_,J 1+,., 1.1 ::f.;;:4 .y�•'+ �,<,',..f: Legend :7�,.-'t ;.t:: ::>.�;:•-:>: % /%�•, +� �!: , 4i .,... .-. Gate Ms ... �` .. .. :•::.�. ...::: .: ...:..::...:: ::•:.:::..;;... :✓� • isi••,•.•,,?•,f•.•.'_••;<••'.,•'•'�`,;.•.+' ;%;:ir.;`f. 1 Fire Station � `-^ ...... -: 4+i•.vv J?:::it ::. T: 2 5-: .,✓`f: ...L ....%::::: �� .:>::. ... ";>i:::; .....:.:: i - .:;5+• 't?•�i':;:;%:;:i:iic......?.•?.......rt....::.:. eta Trail Distance in Miles •••• , J� 5.;:/.•,-.. 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I • ;.�, SITE #2 r i Hiking On N Hiking.Bicycling.Equestrian ,.. _ .. .:,->.. mom itiff;•;;f•"• r?•r:: - +':•':':,�':. :;:�:•:.�::::::::+.;;.:;:yi:;?:;;ii+'tt:?:::::.'4.;.�tF°>ii: t::i)�t:.,<i _._ :.... :: ::•.:. woe % �•', Hiking.Equestrian Note: Dogs are not allowed :::..: .. :::.......::;:-•> ��: .tt�'. •^•rr. - ;, � �r•,;r. ,-.rSARATOGA GAP reserves + ) 3:::;.:;.;f;� :;:tik:.,_';.^•.;:;:y+.,'•. on These i:v, -----•-�{''�''67-`-' •+ o „` S p SPACE ;�}':.`:°:;::.;•:..;::5•i>ii..... 'PRESERVE •if'4:>::%::::':.;' .: `i� ./:,! : C �(� 'y'. ^:�.f%'r;:5ii::si...?.,:t'.•r ?i:;c't'r On :�::••-.•,•''"w••i. i` � s� l- • -�. a f'. -:.;c,.......:.J?::;r:i:>a`.•:::::::: .;'{r r'•y'f?�jry!��?�'•��:f?,.r 't 7 e Mi E t '.::: \ ::::iv:- X. r 2.0 .;.: .. .1 ::::: - -`>rv.•1:°4;::r - •:••::•.?...:,.. £ •t :ia :ii; if?';;::..:.......:.:: i........ l f� ::.Rorblt..... - :,:'f:;`:r.••,'•k•$`• i::'+.:'llJ ::i '%.;'.':::.`'`;:'i°:. 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WI AnA L�1 RIB 11AAs Ara .•...• .�"::. i::<•rr':::ri'iiiii K+ .... ;i:4i:.. ,rt,`,.;,•.;.•t+,'Ky?.� �'4 V!r]CP,AGMIA (.TIIM7(IrAl1.:�,1,tMn NLe :• ,:i-:W::•r +. •-:��' :Y'4:•?: iX�'r:•iii ,:\:i:•:"9.r:4�• tl �l. ..l r -�� � ::-1.;.t'r.{•}4^•.; ;:g{•{:..::::::: :v� r I .:AIFtq ITV Diclrnl fM1.a 't LONGN RIDGE and ..,..�::•::.:-T:v: 4'.v:::::::.�:::. t8:4::::.... .'..'..,.,....;..M:.:.t.`...:.::.n..�.:........................F...•................................ r.r.:n....•v..:. ........SARATOGA GAP \.,t................................\...•,:..:.:..:.n!:..^:.,+:.:'.•�;.4:.•..�:v:;:n:'-::•ir:i::}{::::!:i::•:•i:k�'�:?'�•?.i:}i.:i�.•:..-+;,r.;,f:�:•.i+.,'J-• •'•--� Z :•::::.:.:..4:..:.�r.:;:.':.rr..r .::..:.w..:.:.:.�.:.::.::.:.:::::::r::i:.,:..��•i.:::.•?.:..:::..::::v.J::....O en Space Preserves •� tv _...�•::. .::::':,�•Q.;-.:.>n x_v.::..:.::.<W:.::.:�.:.::>.:f::.<::.:.>�:i.'r::.:r:•>:.:L::.':Y>yy•.:.:((a.':•.`.::::�.,:::•:�:i•.'i+:p.:.:.��.4..:...t.:✓.:..:C.� -.........Y....+:..�:..... :•r•F.•::J ::::..•.•:::::v::::•o-:•:•>:.•.;.•;:+•:•:: •...t•:::::: ::::•:t;,:....w .................,iti:i}w:::v�: t ..•;> /4 1. .�::. • ::-... »..1:;r`;;•a:,.. :...�:?.::::.::::::::.•::.•f?.'..>:i?s..:::::::••.::::.:.......::......... ... .. . . >• . .%:t`i;..:." ::: :.,:�.'.•:::::::.;i� is C� ::/#��.:::i>:::;:. ___.-�' ":::.`:::.'::�••r.``?"!!Ytit3iii:�c••::?:.it.`.4R�:>:ii`'i::i::;•i:•iv.w.•..:Y: •:.'.t$t�'•::.•.�.�::..,......,.... :':}�.. t..,. •_. . .. ....\\ ..... ...... �:.:•Y:•i:. ...... ... :::::::::'<ti!•:'�;r:•:4:•r>' v'::4iY.3.....v:.::.w::.�''..r.'... ..... ......n:•: ..�s- .._:_: .. ::::n.; v:.�:::n. ... , , s.. }:'?�',,:;i:: .. .,........ „ ram'•.......:- �s::.�.�:::::.�$..:.......^� r:....�:.;::::::>:::•::::. - t„F ,! ...... .,+::•r:•.t• '<:??F.?.• £C k Z ti , w:•r:4:• > . i::?::. •ffif:••:::::rr'•?:.:�•:::.•:::.::: ::4... •..• • '•••. •:-_7 / •:.::r f:,t•t: :. 3..::r:::. .. 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Y q .:;;n:�i,x...: F /` c�,, ( ,T.l.i�'i;.:?i;:?::r3 .%�:;:;:} I, Note: it�• t �^' \ ` +���-!/ C_ , h _.— Hiking.Equestrian Dogs are not allowed on these reserves ( x ^- -'%%�� ,- l �j.�•}' r•4 i.....\ (, P PROJECT , \ t --raNw ee 1 2 3 ! 5 5 ' \ \ 25 k;•� '- _%' „e�„• 8 A t0SITE #4 }a:Y.;•:.<;,,;y'j•:}f ;;•;,3i: .}'+r:k \.,�i{r,r 1,___ { :` / j ._J ��l if �:3�:;s;:' •t�??:t• '',�ti':rcf".%'�A 3 }r:\. - ,i l d\ � �4 I^•~ � r ) ♦ C"-. � .} <j) PROJECT PURISIMA }f: SITE #3 j? r, i:::i} }z4�.. .rrw:: :v:.'+.•�ik ..'k � v:+rr• •:.}:}i....•lyw�...>...}. vv::. v.;S%)>n-}?:•}�xr : :\-v?:: ........v?.......:.. ........;\ ,.:.......�,S-.::ll(C'�:-•.:}...:.+:.?.:..?.?..:..:.+.;.:...:(....:...;..i:.:...}:n::::.•w:}:..:ir.4F.,.•...R.-..}.:n•.:.::..:{..v.,v}♦::v....:..::.w..:.:....:..::...:r.:.:...v::.:..::...r:.:..:rv..:.:..:.:..:.{..:.v..:Cn•\:.:•.•�.:':.::4.•;:}:..;.:}.:....},.:.;.}w.:.?..:::':::.:/..:::rti.w::n:.:.:..:-:.:.x:::.:.n.::":..:::.,.v..::.w.v.:.•...:••..:v.::.......:w.:.v•.:.:.v.::...:::i...::::.•...::}:..::.{:n...:.?:.•:.}}:..:..}:i.•Q).....}i...r {ti •} ..y:::.x...:.•:..CREEK .:.:.:..w......;..w.....:..:..}..?..?..i..':..:.;.:.j.:.}:?:::::.:.::..:.�.:,:r 0�,.,....n ..:.v.E...•....J.l........:...._:: :.:..:..:x4:c:e: :.-. . } ..... 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'4:iS;:•',.�..;.?y ;•?: .. w :i;: ::;;}�::.\:. .: { J;,,::::::::::a::::: OPEN SPACE F R SERVE .. ,:w:;. ....... ............... ..... .::::::•:• n•: '�{✓::...... rn4.^•.•:4::� ..... ......:. - „t f MIpPENINSULA REGIONAL OPEN SPACE DISTRICT v •?:;;::};''r•;::v::w•:: ' •: :a.;};;.;: ),. § bS TRANCOS cd.nt Legend Pit ' 1 ►-. Gate(=s) O Residence "77 •—• Trail Distance in Miles o Whole Access Lail r, +`^"' �,,-, •s'£,, " £ •s P > s s • Vehicle Driveway s tis+ t• i _`' a+ ti s _ 3£ ,I. i £ h SS �sYrq-, '££ s; Creek Point of Interestk ''� st� z�� _-, / �;�" s• j ?' sn £ — O : - � •x �� __'� ,b,�,s '© Parking Lot O Backpack Campground ;+sa' _••" 0.3 •B 10,Pan l oars -RANCHO 1 x Oc, l •.x �:B Ra T I-Trail _ _ SAN Roadside Parking O Public Telephone ,y- - - ANTONfO l ` PEN SPACE `tom �,� aw , PR FSrkVF t Equestrian Parking IR.i Nature Center R9ua� _ - ,•-_� `iaR irj - _ ,f `'.. 'I•.• - - '.©r Handicapped Parking Only Other Public lands •+ F 1 t '\ - \°�'I an C,eek r- / af•roM e��-. 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EX. ., No Public Entry / Pnvate or Leased Lands Brid <: p ::i::i ;;.<' •t1d �e l��a� - T_�-�_._-- (� `'` ''.�- e( sown Trail 1` 1, LEXINGTON COUNTY PARK (Santa Clara Caunlj -ar-r>� S•; f x:\ « ;< Priest Rock Trail 0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 One Mile Regional Open , -ice s MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-97-56 Meeting 97-08 March 26, 1997 AGENDA ITEM Authorization to Hire Paul Kephart to Implement theRussian Ridge Grassland Management Plan GENERAL MANAGER'S RECOMMENDATIONS 1. Authorize staff to hire Paul Kephart to undertake the nm agement techniques identified in the Russian Ridge Grassland Management Plan, with a budget of$38,000 in fiscal year 1997- 1998. 2. Authorize General Manager to execute a contract with Paul Kephart to implement the Russian Ridge Grassland Management Plan, as presented at your meeting on March 26, 1997. DISCUSSION At the time the report(R-97-43) in your packet was prepared, Staff had not received proposals for the implementation of the Grassland Management Plan. Requests for proposals were provided to six consultants: Michael Baesky and Associates,Diane Renshaw,Ecosystems Concepts,Inc.,Hastings Associates,Paul Kephart and The Habitat Restoration Group. Responsive proposals were received from Diane Renshaw and Paul Kephart. Three consultants did not respond and Hasting Associates gave an incomplete proposal. Staff determined both Diane Renshaw and Paul Kephart to have considerable experience in the study and implementation of grassland management, and the ability to implement the desired management techniques. Diane Renshaw proposes to conduct the project with other professionals: Pacific Open Space,Inc., Thomas Reid Associates,Wildlands Resources Management, Goats R Us, and Pacific Coast Seed. Paul Kephart, on the other hand, would provide all of the services himself. Mr. Kephart works out of Rana Creek Ranch and has his own goat herd, crew and native plant propagation facility. Diane Renshaw's proposal is the more detailed and thorough of the two; however, her relative cost for the project is more than 2.5 times more expensive than Paul Kephart's. Diane Renshaw estimates the project at roughly $121,056 (without grazing $96,170)and Paul Kephart's estimate is $43,000 (without grazing $26,000). Therefore, Staff's recommendation is to hire Paul Kephart to implement the Grassland Management Plan at Russian Ridge Open Space Preserve without the goat grazing aspect. Prepared by: Jodi Isaacs, Resource Management Specialist Randy Anderson, Senior Planner Contact person: Jodi Isaacs, Resource Management Specialist RESPONSE ACTION PR0?0SS0 By STAyy drnick@ibm.net, 0 8 :4 2 eM 3/2 4/9 7, No Subject Board President Acknovlodge/Raspoad Director _Acknowledge/R*spond X From: drnick@ibm. net Staff Acknowledge/Respond Date : Mon, 24 Mar 97 20 : 42 : 38 Draft Response Attached To : mrosd@openspace .org Staff fl.t: b: 0 irected to Prepare Draft I:a I Board Consideration per Reply-To : drnick@ibm.net 3 rd Directive(s) Cc : dsmernoff@mail .arc .nasa.gov NO Response Necessary Content-ID: <43 78 4 859254159> Content-Type : text/plain; charset="US-ASCII" Related to Agenda Item 13 Content-Transfer-Encoding: 7bit March 26, 1997 Meeting Russian Ridge Grassland Management Plan //--- --- ------ ---- ---------- - - - ---------- - --- --- - - ----- - - --- // Nick Moll 916 426 9351 (Soda Springs) 415 851 4109 (lLa Honda) Content-ID: <43 111 1 859254237> Content-Type : text/plain; charset="US-ASCII" Content-Transfer-Encoding: 7bit Content-Description: <D: \NICK\doc\mrosd. 97d> Star Route 2 Box 408 La Honda, CA 94020 March 24 , 1997 Board of directors MROSD Dear Directors, We are writing about the Russian Ridge Grassland Management Implementation Plan, to be considered at your March 26 meeting as agenda item R-97-43 . As you know, we have been following this topic with considerable interest for several years . Unfortunately both of us are out of town for the meeting, so we hope that you will carefully consider our comments in this letter. The implemention plan laid out by Paul Kephart is, in our view, quite well done in every respect . The focus on monitoring the effects of a variety of management techniques, and basing future actions on observed outcomes, seems exactly right . We cannot agree, however, with the conclusions that staff has already drawn regarding the cost-effectiveness of goat grazing vis-a-vis other techniques . Several points are important to understand here . First , grazing would not need to be applied, as staff appears to believe, "to the numerous acres of grassland habitat District-wide . " Rather, it would need to be applied only to thistle infestations . Second, on a cost-per-acre basis, it is not the most costly management technique . Abstracting these figures from Mr. Kephart ' s report, we have for basic costs (not including monitoring) Hand control $1667/acre Spot spraying 1000/acre Mowing 500/acre (but see comment below) Grazing 1500/acre Burning can' t be calculated from information supplied Printed for Malcolm Smith <mrosd@openspace.org> drnick@ibm.net, 08 :42 eM 3/24/97, No Subject Restoration 3000/acre But these costs are on a cost per year basis . The final cost to the district depends on many factors, including the effectiveness of a given method and thus the number of times that it needs to be used. There are also non-economic costs to be considered, such as the potential damage to populations of desirable species (a distinct possibility with herbicide use) . Neither the lifetime cost nor the non-economic cost can be reasonably estimated until monitoring is complete . We might add that the mowing cost is probably an underestimate, as it is based on just two mowings per season. our own experience is that, because of the deep soil moisture (thanks to 45 to 65 inches of rain per year) and the marine-influenced microclimate, mowed star-thistles can regenerate their flower heads 4 or more times in a single season, in the Russian Ridge area. This could double the the cost of mowing. The cost of burning is not necesarily zero. Indirect costs accrue to the district in wear and tear on either equipment, or staff . The studies that we are aware of indicate that star-thistles are increased after a single summer burn, and reduced after the second burn. If the CDF is unwilling or unable to conduct a second burn, then either the district will have to pay for the burn itself, or it will have to pay for remediation of the effects . Goat grazing is widely recognized, as pointed out by Mr. Kephart, to be effective both for star-thistle control, and for promotion of native grasses . For all of these reasons, we do believe that goat grazing might be a cost-effective and environmentally sound approach to solving some of the district ' s grassland management problems, and we are convinced that goat grazing should be reinstated as part of the Grassland Management Implementation Plan. If we break out the grazing cost from the budget presented in that plan, it amounts to $26 , 000 . There is thus a $5000 shortfall between the $38 , 000 amount originally budgeted by the board, and the amount required to include grazing. We urge the board to allocate the additional money required, and to direct staff to include it in the study. Sincerely, Nick Moll PhD Sarah Christian Printed for Malcolm Smith <mrosd@openspace.org> 2 Regional Open 5' ice 1 R-97-43 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-08 March 26, 1997 AGENDA ITEM Authorization to Hire Consultant to Implement the Russi Ridge Grassland Management Plan GENERAL MANAGER'S RECOMMENDATIONS J_ 1. Determine that the proposed project is categorically exe pt from the California Environmental Quality Act (CEQA) based on the findings contained in this report. 2. Authorize staff to hire an environmental and horticultural consultant to undertake the management techniques identified in the Russian Ridge Grassland Management Plan, with a budget of$38,000 in fiscal year 1997-1998. 3. Authorize General Manager to execute contract with consultant to implement the Russian Ridge Grassland Management Plan, as presented at your meeting on March 26. DISCUSSION At your regular meeting on July 24, 1996, you adopted a Grassland Management Plan as an amendment to the Comprehensive Use and Management Plan for Russian Ridge Open Space Preserve (see report R-96-77). The approved plan entails a four year program which investigates management methods such as mowing, goat grazing, prescribed burns, and herbicide use. The Russian Ridge project is a "model" study that will help determine what management methods are most generally effective for grassland habitats District-wide. The adopted Resource Management Policies emphasize the following: 4.1 Maintain the diversity of native plant communities. 4.2 Use native species occurring naturally on similar sites for vegetation replacement or enhancement projects. 5.2 Protect, maintain and enhance habitat features that have particular value to native wildlife. The Grassland Management Plan (Kan, 1996) provided the necessary information to prepare a more specific implementation plan and cost estimate for management actions. Attached is the Grassland Management Implementation Plan prepared by Paul Kephart under contract with the District. It provides the following; 1) evaluation of management actions and methods based on importance, urgency, and trend, 2) cost estimate for implementation, 3) itemized labor and management related costs, and 4) analysis of potential volunteer and District staff cooperative efforts to implement plan. 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-97-43 Page 2 The purpose of an implementation and monitoring program is to demonstrate and assess specific management actions for grassland habitat at Russian Ridge Open Space Preserve. The project focuses on exotic species control using mowing, herbicide use, hand labor, grazing, prescribed burning, restoration and staff/volunteer coordination. The work outlined in the attached implementation plan is to be conducted over a two year period. Based on the relative success and associated costs of the management action, long-term grassland management practices can then be initiated for other District preserves. In addition, specific monitoring protocol will analyze the short-term effects of the management options. A request for proposals to conduct this project were submitted to the following six consultants: Michael Baesky and Associates, Diane Renshaw, Ecosystems Concepts, Inc., Hastings Associates, Paul Kephart and The Habitat Restoration Group. The selection criteria will be based upon relevant experience in the study and implementation of grassland management, the ability to provide all desired management techniques over a two-year period including the necessary labor and equipment, and the possession of the appropriate certificates, licenses and insurance. The selected consultant will be announced at your meeting, and a contract recommended for approval at that time. Management of exotic pest plants for Russian Ridge Open Space Preserve will focus on three key goals. They are 1) reduction and control of annual weed seed production, 2) depletion of the weed seed bank in the soil, and 3) the introduction and management of competitive native plants to displace non-native species. Monitoring will focus on implementation costs, efficiency of exotic plant control, and levels of success or failure of the prescribed management. If prescribed management programs fail to achieve anticipated trends or thresholds of success, alternative management will be prescribed. It is hoped the best management practices for all District grasslands will be determined from the implementation of this plan. Details of each management action and monitoring method are described in the attached plan. The Russian Ridge Grassland Management Implementation project is a demonstration of management actions. The relative cost per acre for these pilot management efforts should be reduced in the future. Initially, the trial of various management actions is performed by a paid consultant, but subsequent cost may be significantly reduced through the use of District staff, volunteers, cooperative arrangements with other agencies, or economies of scale. One of the objectives of the implementation project is to pursue ways of reducing the costs for the methods that prove effective. The budget approved for this project in the 1997-1998 fiscal budget was $38,000. The tentative costs for the second year of the program (the District's 1998-1999 fiscal year), are estimated at $25,000. Any expenditure for the second year will be subject to review during the coming year and separate authorization by the Board. I R-97-43 Page 3 Grazing is the only management action that was proposed in the Management Plan that is not proposed to be undertaken in the implementation plan. Goat grazing is the most costly management action-$17,000 to graze ten acres twice a year. When extrapolated to the numerous acres of grassland habitat District-wide this management method does not seem likely to prove cost effective. The information gained from experimental goat grazing would be useful only if the District were anticipating large scale grazing management leases for grassland habitats District-wide. This is not recommended for District lands at this time. The expected contract, with the elimination of goat grazing, will be approximately $30,000. The additional $8,000 budgeted may be used to increase the number of treatment areas and monitoring efforts of more feasible long-term methods based upon staffs recommendation and approval from the General Manager. CEQA Compliance 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, 15304 and Section 15307 of the CEQA guidelines. Section 15301 exempts the maintenance or minor alterations of topographic features involving no expansion of use. Section 15304 exempts minor public or private alterations in the condition of land, water, and/or vegetation which do not involve the removal of mature, scenic trees. Section 15306 exempts basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource. These may be strictly for information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted, or funded. Section 15307 exempts actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process involves procedures for the protection of the environment. Prepared by: Jodi Isaacs, Resource Management Specialist Randy Anderson, Senior Planner Contact person: Jodi Isaacs, Resource Management Specialist RUSSIAN RIDGE OPEN SPACE PRESERVE GRASSLAND MANAGEMENT IMPLEMENTATION PLAN MidPeninsula Regional Space District Prepared by Paul Kephart Restoration Ecologist 1997 ph. (408) 659-3820 Rana Creek Ranch fx. (408) 659-4851 11. IMPLEMENTATION PROGRAM A. Hand Control and Perimeter Spraying Hand control can be an effective method of removing and controlling outlying and colonizing exotics. Often, the outlying plants are overlooked and become the primary seed source for expansion populations particularly near trials and other seasonally disturbed locations. Hand-control will be accomplished by roving exotic control teams equipped with backpack sprayers and machetes. The hand control method will be used on all French Broom infestations as well as selected areas of yellow starthistle. Also, Italian thistle, and Bull thistle outlying populations will be controlled. Total eradication of the single infestation of French Broom will be targeted for 1997. Control of French Broom will be accomplished by hand-removal of all plants in the winter and spring when the plants may be pulled from the soil. No seeds are present at this time so handling the plants does not contribute to further infestations. The french broom may be removed with a weed wrench, a tool specifically designed to pull french broom and other exotics. Once pulled, the plants are placed on the soil. Hand removal must be repeated in this fashion each consecutive year where french broom has existed as it will continue to germinate over a long period. For larger more established plants, Round-up at 2.5 percent will be folier sprayed over the leaf surface. Spraying with Garlon 4 in spring (contact broadleaf herbicide- post emergence) have been shown to be effective for broadleaf control (Hastings and DiTomaso 1996). Cutting emerging flower heads of starthistle, bull thistle, and Italian thistle prior to seed maturation will decrease annual seed production and often kill plants if soil moisture is low. In seasonally wet areas the plants will need to be cut again after smaller, lesser, flowerheads regrow. The plants should be cut in the late spring. A total of three acres will be hand controlled in 1997. Spot spraying yellow starthistle with a backpack sprayer will target the young rosettes prior to flowering. Spot spraying shall target all outlying small colonies and individuals throughout the park. A total of five acres will be hand sprayed throughout the park in 1997. Sprayed areas will be monitored each spring at the peak of the growing season when basal rosettes are obvious (see methods, below). Russian Ridge Preserve 3 TABLE OF CONTENTS I. INTRODUCTION - 2 II. IMPLEMENTATION PROGRAM 3 A. Hand Control and Perimeter Spraying 3 B. Mowing 4 C Grazing 4 D. Burning 5 E. Restoration 5 IlI. MONITORING METHODS 7- 8 IV. SUCCESS CRITERIA 9 A. Success criteria and performance standards 9 B. Cost effectiveness 9 V. BUDGET 9 VI. TIMELINE 10 VII. REFERENCES 11 Russian Ridge Preserve 1 I. INTRODUCTION The purpose of this implementation plan is to describe, and schedule specific management actions for grassland habitat at Russian Ridge Preserve. The details of the implementation plan are derived, in part, on recommendations provided in the Russian Ridge Preserve Grassland Management Plan (Kan 1996). The plan herein provides the methods and estimated costs of exotic species control using mowing, herbicides, hand labor, grazing, burning, and restoration. The work outlined in the plan is to be implemented over a two year period. Each year, a selected management method will be demonstrated and the results of each method assessed. Based on the relative success and associated costs of the management option, long- term grassland management practices can then be initiated for the greater MidPenninsula Open Space District. In addition, specific monitoring protocol is provided to analyze the short-term effects of the management options. Management of exotic pest plants for the Russian Ridge Preserve will focus on three key goals. They are: 1) reduction and control of annual weed seed production, 2) depletion of the weed seed bank in the soil, and 3) the introduction and management of competitive native plants to displace non- native species. Aggressive control of outlying "colonizing " pest plants is also critical to the long-term success of the grassland management program. Areas typically infested at the preserve are: 1) disturbed soils such as trails and roadsides, 2) south facing slopes with high populations of gophers (Thomomys ttae), 3) seasonally wet areas such as swales, and 4) gently sloping benches and plains historically used as feeding or loafing locations by cattle. The implementation program will consist of phased demonstrations of management over the next two year period. The demonstrations will increase in complexity and scope each year. For example, manually spot spraying and hand-controlling pest plants at the perimeter of the infested areas is simple, effective, and easily implemented in 1997. Controlled burning, requiring greater planning, coordination, and time to enact will be planned for in 1997 and implemented in 1998. The management demonstrations to be implemented are: mowing, grazing, burning, herbicide applications, restoration, and hand removal. Monitoring will be used to determine the relative success of each management activity and related cost. It is hoped, the best practice management practices for the greater MidPenninsula Open Space District grasslands will be determined from the implementation of this plan. Russian Ridge Preserve 2 B. Mowing A tractor mounted rotary and/or flail mower is recommended for mowing large, level patches of thistles. Mowing steep or rocky areas will be accomplished by hand-held weed eaters with blade attachments. Mowing will be conducted prior to flower development and repeated if regrowth occurs within 6 weeks. Bi-annual mowing shall be conducted on a total of five acres, starting in 1997. Monitoring of mowed areas will be done each year in the spring (see monitoring methods, below). C. Grazing When grazing is timed correctly and of appropriate intensity, it can be one of the most effective means of managing and promoting native grass seedlings or relict stands. Grazing can also be an effective way to reduce star thistle infestations. Further, grazing can be used to reduce the standing dead biomass at the end of each growing season so that wildfire risks are minimized. The grazing program will require the installation of two solar-operated electric fence enclosures. The enclosures will serve as temporary paddocks for high intensity, short duration grazing. One paddock is required to contain the goats while the other is moved to a new location adjacent to the previously grazed paddock. In this manner, the paddocks are rotated throughout the entire grazing area. Two small enclosures will insure an even non-selective grazing regime, minimize the risk of escape, and minimize impacts of grazing to park users. The enclosures should be 24,000 sq. ft. size. Approximately 100 goats will graze in a paddock. The duration of grazing shall be determined by monitoring the overall effect on yellow starthistle, percent bare soil, and forage availability. It is estimated the average time period for grazing each paddock will be 24-36 hours. The targeted area to be grazed is ten acres. Remedial grazing will be conducted for a shorter duration after remaining yellow starthistle regrows and begins to flower. Availability of green biomass and extent of thistle regrowth will determine the duration of remedial grazing. The first year's monitoring data will provide the basis for the decisions to reduce or increase grazing density and duration in following years. Monitoring will follow the methods presented below. Water must be supplied by the grazer and be available to the goats at all times. The animals must be attended by a shepherd assisted by dogs for the entire grazing period. The goats and dogs must be in control of the shepherd Russian Ridge Preserve 4 for the entire grazing period. The goats health and well-being will be maintained during the entire grazing period. In deemed necessary, supplemental feeding will be required. The shepherd will stay in a self- contained travel trailer as close to the fenced paddock as possible. Monitoring will be conducted each year on each grazed area (see monitoring methods, below). D. Burning Controlled burning may be the most sustainable method for grassland management for the MidPenninsula Regional Open Space District. Burning can be timed to prevent seed maturation in annual exotic pest plants, conducted for fuel management objectives, and has a relatively low cost per acre compared with other more conventional management options i.e. mowing (Hastings and DiTomaso, 1996). The primary goals of the burn demonstration are to: determine the effects of controlled burning on seed maturation of exotic pest plants, decrease the cover of yellow star thistle, and control further infestations and spread of yellow star thistle. To initiate controlled burning, a burn plan must be developed for CDF approval. The burn plan must include specific information pertaining to goals of the burn, vegetation, slope, aspect, climatic information, CDF-VMP coordination, burn area preparation, suppression activities, safety, and responsible parties. The controlled burn shall occur just as the starthistle plants begin to flower. The time period for the burn is during the mid-summer dry season and beginning of fire season for rural areas of California. The areas to be burned will be identified in 1997. Preliminary inventory will be conducted to determine the percent cover of starthistle in the areas to be burned. The burn planning and implementation shall occur in 1998. The results of the burn program will be quantified by estimating plant cover (see below) of star thistle on the burned and adjacent non-burned areas. Coordinating all aspects of the burn plan will be a priority for staff and the Implementation team. The burn plan will be reviewed by staff and all responsible parties, the Regional Open Space Board of Directors, and the public. Concerns and questions regarding goals of the burn program, potential impacts to native species, and public safety will be addressed in the plan. Burned areas will be monitored (see methods, below) and sampled each spring. Russian Ridge Preserve 5 E. Restoration Old fields dominated by exotic plant species, disturbed trails, and roadsides will need to be reseeded with native vegetation. Without the reintroduction of native vegetation, it is likely the areas once dominated by the exotics will be recolonized by exotic species. The restoration will displace and compete with pest plants, increase the abundance and diversity of native species, and improve wildlife habitat. Restoration is needed in the park along trails and roadsides where bare soil has resulted from annual maintenance programs. Successful habitat restoration of old fields have been conducted and monitored in Central California (Stromberg and Kephart 1996). Several grassland restoration programs are underway in Carmel Valley to determine if native perennial grasses are an effective control of starthistle and other pest plant species (Kephart 1997). Restoration has been effective in some parts of the central valley along roadsides (Anderson, and Anderson, 1996). Other trials of native perennial grasses are underway for CalTrans (Cinny Brown, personal communication). To initiate the restoration program, site-specific seed will be collected from selected locations throughout the park. The local populations of native grass and wildflowers will provide an abundance of seed and this seed may be directly used or increased at a native seed production facility. Developing a significant seed bank will require agronomic increase and production. The collected seeds will be propagated in a nursery and transplanted to production fields. Typically 37,000 live plants are established per acre. The resulting seed production increases each year until the fourth or fifth year when the plants become senescent. Burning and intensive grazing will rejuvenate decadent plants, thereby stimulating renewed seed production in areas that have been restored. The seed increase program would target the collection and increase of native species easily reestablished from seed. For example, Blue wild rye (Elymus glaucus), California Brome (Bromus carinatus), Yarrow (Achillea millefolium), and farewell to spring ( Clarkia rubicunda), will be collected for increase in 1997. Restoration will be implemented at locations dominated by exotic pest plants and that are characterized by few or low numbers of native species. Restoration will be implemented where grassland management treatments are conducted and where natives will not naturally regenerate. Two acres will be restored including road and trail buffers, burned, and grazed locations. Staff and volunteers will be given "how to" restore information and training as a result of implementing the restoration program. Restored areas will be monitored each year for the first two years (see methods; below). Russian Ridge Preserve 6 VII. References Hastings, M. S. and J. M. DiTomaso. 1996. Fire controls yellow star thistle in California grasslands. Restoration and Management Notes. 14(2): 124-128. Stromberg, M. R. and J. R. Griffin. 1996. Long-term patterns in coastal California grasslands in relation to cultivation, gophers and grazing. Ecological Applications 6(4): 1189-1211. Stromberg, M. R. and P. R. Kephart. Restoring native grasses in California old fields. Restoration and Management Notes 13(2):104-115. Evans, R. A. and R. M. Love. 1957. The step-point method of sampling: a practical tool in range research. journal of Range Management 10:208-212. Kan, 1996. Russian Ridge Open Space Preserve Resource Management Plan. Russian Ridge Preserve III. MONITORING METHODS The first step in monitoring will be to document what management activity has been implemented, where it was done, and when it was done. For each managed area, maps will be prepared (based on USGS 7.5' quadrangles) to show each unit (field, paddock, hillside, etc.) which was grazed, mowed, burned, restored or treated with herbicides. Corners of each polygon will be documented with GPS and recorded on the maps. Each unit on the map will be named (or numbered). For each unit, the crews doing the work (mowing, spraying, grazing, fire) will sketch in where the treatments were applied and when. These maps will be archived at the park offices. Each map will have attached to it, or filed with it, a data sheet showing the date of treatments. The specific methods used will be recorded, including names and rates of applications of herbicides, how herbicides were applied (hand pumps, booms, etc. ) descriptions of fire intensity and flame length, seeding density and planting methods, mowing equipment used, and number and duration of grazing animals. The second step in monitoring will be to establish sampling points in each unit (above). For each unit, a statistically adequate sample of cover estimates will be taken. The percent cover of the targeted exotic species will be determined with the step-point method (Evans and Love, 1957) as well as a Daubenmire estimation of plant cover (Stromberg and Griffin, 1996). At representative locations in each grazed area, a point is recorded with GPS. From this point, a line along the contour is chosen, the heading of the line is noted, and at random distances from the starting point, at least 3 cross lines are laid out, each 30m long. At least 100 points along the cross transects are taken for point intercept data. At every 10th point, we use a steel quadrant ( 0.1 m sq.) painted along the edges to show 6 cover classes (0-5%, 6-25%, 26- 50%,,51-75%, 75%-95%, 95-100%). Visual estimates of canopy cover of french broom, Star thistle, Bull thistle and Italian thistle are recorded to nearest cover class. Hits of each of these, along with grasses, other forbs, bare soil, litter and dung will be recorded. Percent cover will be determined by averaging the percent cover from the quadrant data and percent hits. Percentage cover of target plants will be compared between years with standard statistics. Monitoring will be conducted at times of peak biomass productivity each year. At this time, the various thistles are reaching maximum rosette coverage and french broom is flowering and easily recognized. Samplings locations for cover monitoring will be established in representative samples of all of the treatment areas (hand control, grazing, mowing, restoration, and burning). Russian Ridge Preserve 7 Photo Monitoring Photo monitoring can be done simply and cheaply and can provide illuminating observations on a time scale we don't naturally appreciate. Connors (1995) has used a simple method at the Bodega Marine Lab grassland reserve. This method can be used at Russian Ridge as well. At each monitoring point, a permanent marker is installed. For each monitoring point, a standard heavy-duty steel "t-post" fencing post will be cut in half and pounded into the ground until only 8--10" is above ground. GPS location data are taken and recorded for each such center stake. The temporary stakes should be painted each year during monitoring with some fluorescent red for easy identification. At about 20 feet from the center stake, another similar cut- off steel fence post is pounded in the ground in each of the four cardinal directions. Permanent datums will be installed at the ground level consisting of small concrete filled holes with identification inscriptions. The actual distance out in each direction these four radial stakes are placed will be determined by the camera field of view. Each of the four stakes will be placed so that they are in the center of the viewfinder, yet some of the sky included in the view. Each year, the same camera is attached to a PVC pole fitted over the center stake. A 2m tall, 2" diameter PVC pipe is set over the radial stake. The same camera mounting pole (about 1.5m tall) and radial poles are used each year. For each location, two photos are taken of each cardinal direction. The first includes some sky and the radial PVC stand pipe. The second photo centers on a measuring tape stretched between the radial stand pipe and the central pole with the camera. This second photo gives a more detailed view of the species in the ground vegetation. Monitoring period The monitoring period specified for the management program is for two years. The monitoring program seeks to document and qualify the trends, success or failure, and value of each related management activity each year. If stated thresholds of success or measure of trend is not achieved, management timing, frequency and method of execution may be changed each year. Adaptive management The monitoring program will provide information regarding best practice vegetation management. The monitoring and reporting will determine alternative vegetation management based on the relative success or failure of the prescribed management. Adaptive management will focus on implementation costs, efficacy of exotic plant control, and levels of success or failure of the prescribed management. If prescribed management programs fail to achieve anticipated trends or thresholds of success, alternative management will be prescribed. Russian Ridge Preserve 8 Final recommendations Final recommendations pertaining to Russian Ridge Preserve management prescriptions will be based on the results of the monitoring program. Final management recommendations and reporting shall be submitted to MidPenninsula Open Space District. IV. SUCCESS CRITERIA A. Success criteria and performance standards 1. Success will be determined by the reduction of annual exotic pest plant cover in each treatment area. 2. Success will be determined by a trend toward the increase of native plant cover in each treatment area. 3. Success will be determined by achieving germination and survival of seeded native species on erosive, disturbed soils. 4. Success will be determined by reduction of flowering and the seed production of yellow starthistle. B. Cost effectiveness During the first two years of the Grassland Implementation Program, staff and volunteers will be trained for each management method and biological monitoring task. Workshops will be integrated with the work program. After the initial two year program, the Russian Ridge Preserve staff and volunteer coordinator will manage the Grassland Implementation Program, thereby decreasing future costs of grassland management. In addition, the experienced gained by staff and volunteers may be transferred to other Regional Open Space Preserves. Exotic species populations generally expand in area seven percent each year. By initiating an aggressive grassland management program at this time, the best practice and cost effective methods will be implemented and the expanding populations controlled. Russian Ridge Preserve 9 V. BUDGET Listed in the tables below is the estimated budgets for each management category. RUSSIAN RIDGE PRESERVE GRASSLAND MANAGEMENT 1997-98 PROJECTED BUDGET Management Task 1997 1998 MANUAL WEED CONTROL preliminary monitoring $ 600 identification of management locations manual herbicide spraying $5,000 $2,500 manual exotics control $5,000 $2,500 monitoring /reporting $1,400 $500 MOWING WEED CONTROL preliminary monitoring $ 600 $500 identification of management locations tractor operator and mower $2,500 $2,500 monitoring and reporting $1,400 $1,200 GRAZING PROGRAM preliminary monitoring $600 $600 identification of management locations grazing paddock program- $10,000 $10,000 second grazing $5,000 $5,000 monitoring and reporting $1,400 $1,400 BURNING PROGRAM preliminary monitoring $600 identification of management locations Burn plan $3,500 Burn implementation $25,000 monitoring and reporting $1,400 RESTORATION seed collection $2,000_ increase program $4,000 restoration demonstration $2,500 TOTAL $43,000 $56,2001 Russian Ridge Preserve 10 RUSSIAN RIDGE PRESERVE 1997 1998 GRASSLAND IMPLEMENTATION PLAN SPRING SUMMER FALL SPRING SUMMER FALL MANUAL WEED CONTROL preliminary monitoring identification of management locations manual herbicidespraying manual exotics control monitoring/reporting MOWING WEED CONTROL preliminary monitoring � .;'�:;::•.:: :.,;:�; ••�•>,<••::;<;:.:: identification of management locations tractor operator and mower •'•»'.., � ...,. ::::::::::::.�:::.�::.:::::::::.,.:,,.:.:: :::::.:::::..::::::: monitoring reporting and GRAZING PROGRAM preliminary monitoring identification of management locations grazing paddock program second grazing monitoring and reporting BURN PROGRAM preliminary monitoring identification of management locations burn plan burn implementation ''>` '>`''''•`" monitoring and reporting RESTORATION seed collection increase program ;�.;.:�,;;;�w,'�,.i4•;�:,:;,;:.... restoration demonstration ;: ::>:: la Regional Open S&ce 2 R-97-47 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-08 March 26, 1997 AGENDA ITEM Approval of Conservation Easement Monitoring Agreement with Peninsula Open Space Trust GENERAL MANAGER'S RECOMMENDATION Authorize the General Manager to execute an Easement Monitoring Agreement Between the District and Peninsula Open Space Trust. DISCUSSION Over the past 25 years, the District has acquired over 42,000 acres of land rights, including approximately 2,000 acres of easement title. The most notable easements include the 1,500- acre Hidden Villa wilderness and ranch area easements and the 94-acre conservation easement over the Los Gatos Novitiate (Jesuit) property adjacent to St. Joseph's Hill Open Space Preserve. Easements held for conservation purposes differ from fee title in many ways, the most prominent being the fact that title to the property and management responsibility remains in private hands and typically no public access is allowed. For these reasons, the properties need to be inspected and monitored for compliance with the terms and conditions of the easements. The District has no formal monitoring program; however, typically private non-profit land trusts utilize volunteers to monitor the conservation easements they have acquired, ordinarily as gifts. Peninsula Open Space Trust (POST), our own local non-profit land trust, has such a program and has offered to assist the District with our monitoring needs. The attached agreement is fairly flexible, as either party may cancel within 30 days for any reason. Since POST will utilize unpaid volunteers (including our own Director Crowder), the District would only pay POST's out-of-pocket expenses, which would normally be less than $500 annually. POST's responsibilities would be limited to monitoring and reporting, and enforcement authority would remain with the District. Also, while the District currently holds 17 individual easements, POST, in accordance with the attached letter, is agreeing to monitor 6 of the easements and declining to monitor the remaining 11 at this time. Because the agreement requires the written consent of both parties to add easements, but unilateral rights to decline/remove easements, all current District easements are listed so that hopefully POST would be able to provide monitoring assistance for these easements in the future, with a simple letter of acceptance rather than a formal agreement amendment. In the meantime, the District will need to consider how to monitor the easements that POST cannot assist with 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-97-47 Page 2 The agreement before you is a unique opportunity to continue to support and enhance our relationship with POST and expand the public/private partnership that has helped to preserve critical public open space lands in the San Francisco peninsula area. Prepared by: L. Craig Britton, General Manger Contact person: Same as above • Peninsula Open Space Trust Board of Directors March 71997 RECEM�"`D M Allan F.Brown ----- V It tD Patricia A.Compton Vince S.Garroousbe Mr. L. CraigBritton General Manager MAR I P 1Qg7 Sukey Grousbeck � g '"� Christina A.Holloway Midpeninsula Regional Open Space District Melvin B.Lane 330 Distel Circle MIDPENINSUL,A REG]AL Norman E.Matteoni OPEN SPACE ;David W.Mitchell Los Altos, CA 94022-1404 - - �� F.Ward Paine William Reller Anne M.Westerfield Dear Craig: Advisory Council Robert Advisory ourg Re: Conservation Easement Monitoring Agreement James E.Baer Eleanor Boushey Under the terms of Paragraph 5 of the Conservation Easement Monitoring Sheldon Breiner,Ph.D. Robert V.Brown Agreement (the Agreement), POST has the right to remove specific easements William H.Clark,M.D. from the list of easements that POST is responsible for monitoring. Sue Crane Lois Crozier-Hogle Laurence Dawson POST is prepared to monitor six (6) easements under the terms of the Herbert J.Dengler Peggy Dennis Agreement. These easements are listed as Guenther, Lohr (Marquez),Jenkins, J.Philip DiNapoli Silver Dove (Brooks), Schwabacher and St. Joseph's Hill (California Province Phyllis Draper Clarence J.Ferrari,Jr. for the Society of Jesus). David L.Fletcher Thomas W.Ford P Rosemary Hewlett re At this time POST is not prepared to and will not be monitoringthe other 11 Patricia L.Hooper easements listed in the Agreement. The non-monitored easements are named Mary P.Hufty,M.D. Blair, Cook, Fletscher, Glaubiger,Hidden Villa, Ireland,Jikoji, Moody Gulch, Suzanne B.King Robert C.Kirkwood Oswald,Sorahan and Zand. Robert W.McIntyre George M.Marcus Robert H.Miller I will be in touch with you when more volunteers and resources are available. Gordon E.Moore,Ph.D. Bette Moorman Janet Morris We look forward to working with you and your staff on this project. Susan P.Orr Paul O.Reimer Barbara Doyle Roupe Sincerely, Alexander H.Schilling,Jr. Fritz Snideman Geraldine F.Steinberg Rosemary Young L-0 Lea Zaffaroni Audrey C. Ru Executive Director Executive Director Audrey C.Rust 3000 Sand Hill Road,4-135 Menlo Park,California 94025 Tel: (415)854-7696 Fax: (415)854-7703 Recycled Paper EASEMENT MONITORING AGREEMENT BETWEEN THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AND PENINSULA OPEN SPACE TRUST This agreement is made on the day of 1997 by and between Midpeninsula Regional Open Space District, a public agency, hereinafter called "DISTRICT" and Peninsula Open Space Trust, a public benefit corporation, hereinafter called "POST". WITNESSETH WHEREAS, DISTRICT was formed by voter initiative to solicit and receive conveyances of real property by purchase, exchange, gift, or bargain purchase for public park, recreation, scenic and open space purposes; and WHEREAS, POST was organized as a non-profit, charitable corporation to solicit, receive and hold gifts, legacies, devises and conveyances of real and personal property for public park, conservation and open space purposes with a goal of preserving lands having natural, scenic and recreational values; and WHEREAS, POST and DISTRICT have established a complementary relationship of mutual support with each assisting the other in their areas of expertise (such as the DISTRICT managing certain POST properties held in fee); and WHEREAS, POST has several conservation, open space and similar easements, has recruited volunteers and established a systematic method for monitoring compliance by the owners of the underlying fee with the terms of those easements; and WHEREAS, POST and DISTRICT desire to continue and to enhance their relationship of mutual support, and in pursuit thereof desire that POST include certain of DISTRICT's conservation, open space, and similar easements in POST's easement monitoring program. NOW, THEREFORE, the parties hereto do mutually agree as follows: 1 . Easement monitoring. POST shall monitor the easements listed on attached Exhibit A ("District Easements") from the date of final execution of this Agreement until termination as provided below. POST will monitor the District Easements to determine whether each property is kept in a condition consistent with terms of the applicable District Easement. POST will make arrangements with the owners of the underlying fee, their agents, managers and tenants for entry onto the property for the purpose of verifying compliance with the terms of each District Easement. POST will take photographs and make written notes, as appropriate in the sole opinion of POST. POST may undertake such other steps as POST deems necessary or appropriate for the proper and safe monitoring of the District Easement. POST will provide a written report on at least an annual basis Easement Monitoring Agreement Page 2 to DISTRICT and the owner of the underlying fee. The report to the owner need include only the following information: (1 ) date of inspection, (2) name of the person making the evaluation, (3) name of any representative of the owner who was present at the inspection, (4) whether the property was in compliance, and (5) any deficiency noted. If there is a violation of any term of the District Easement POST will have no obligation to take action against the owner of the underlying fee, but promptly upon becoming aware of such violation shall report the same to DISTRICT. Midpeninsula Regional Open Space District is solely responsible for all enforcement actions regarding any District Easement. In the event of a claim by DISTRICT against POST for breach of POST's duties under this Agreement, POST's liability to DISTRICT in case of any error or omission in monitoring the District Easements is strictly limited to the expenses paid by DISTRICT for the monitoring of the District Easements under Paragraph 3. This limitation will not apply to third party claims brought against DISTRICT, or related cross-complaints, which shall be governed by Paragraph 4 of this Agreement. 2. Extent of Authority. POST's monitoring activities do not supersede DISTRICT's rights under any District Easement, including entry onto property for emergency or enforcement purposes. For the purpose of counting the number of entries, or determining their propriety, entry by POST is on behalf of the DISTRICT, and is authorized by DISTRICT solely and directly in furtherance of enforcing DISTRICT rights under the District Easement, and for those purposes alone POST is DISTRICT's agent. 3. Compensation. The DISTRICT agrees to pay POST its documented out of pocket expenses incurred in connection with authorized District Easement monitoring, including but not limited to, such items as: travel expenses, photographs, printing, photocopying and postage. Provided, however, that POST shall notify DISTRICT before incurring expenses exceeding $500 during any calendar year. DISTRICT shall make the payment under the agreement promptly upon POST's submission of each invoice. Such payments shall constitute the total amount payable by DISTRICT under this Agreement. 4. Legal Responsibility and Indemnification. During the life of this Agreement, POST shall hold DISTRICT harmless from and defend DISTRICT against any and all claim or liability for injury or damage to any persons or property whatsoever occurring during the life of this Agreement arising out of any act, neglect, fault or omission by POST with respect to POST responsibilities as set out in this Agreement. DISTRICT likewise agrees to indemnify, defend and hold harmless POST and its agents, officers, officials, and employees against any and all claim or liability for injury or damage to any persons or property whatsoever occurring during the life of this Agreement arising out of any act, neglect, fault or omission by DISTRICT, or its agents, employees, officers or servants, in connection with the District Easement. In the event of concurrent negligence, each party will bear responsibility for its acts in proportion to its fault under the doctrine of comparative negligence. Easement Monitoring Agreement Page 3 negligence. 5. Modification. Either party may, upon written notice, unilaterally modify this Agreement to remove one or more specific easements from those POST is responsible for monitoring. Any other amendment to this Agreement (such as adding one or more easements to those POST is responsible for monitoring) must be reduced to writing and signed by both parties before it will become effective. 6. Termination. Either party, upon 30 days written notice, may terminate this Agreement without cause. In that event, POST will furnish all finished or unfinished documents, and other materials prepared by or otherwise possessed by POST for purposes of monitoring the DISTRICT Easements and POST shall be entitled to receive reasonable compensation for the copying and delivery of such documents. 7. Independent Contractor. The parties agree that DISTRICT is interested only in the results obtained and that POST, its agents, representatives and employees shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. POST, its agents, representatives and employees shall perform under this Agreement according to its own means and methods of work, that shall be in the exclusive charge and control of POST, its agents, representatives and employees and which shall not be subject to control or supervision by DISTRICT except as to the results of the work. POST is, for all purposes arising out of this Agreement, an independent contractor, and shall not be deemed an employee of the DISTRICT. MIDPENINSULA REGIONAL OPEN PENINSULA OPEN SPACE TRUST: SPACE DISTRICT: by by L. Craig Britton, General Manager Audrey Rust, ecutive Director Attest: District Clerk Date Easement Monitoring Agreement Page EXHIBIT A DISTRICT EASEMENTS Blair Sierra Azul, Kennedy Limekiln Owner: Mrs. James F. Blair 15310 Kennedy Road Los Gatos, CA 95032-6520 408 356 3123 Contact Person: Notes: Current APN 537-13-011 . The District acquired 4 acres of the original 42.42 acre property in fee. The Blairs retained the remaining 38.42 encumbered with an open space easement. Public use not permitted. Monitoring restricted to every three years. First visit August 1994. Brooks Fremont Older Open Space Preserve Owner: Silver Dove Associates 22599 Mt. Eden Road Saratoga, CA 95070 408741 0169 Contact Person: Cindy Carlson, KA Farms; Kenneth W. Brooks - 1`-`113a-1 ll California Province for the Society of Jesus St. Joseph's Hill Owner: California Province for the Society of Jesus P.O. Box 519 Los Gatos, CA 95031 Contact Person: Rev. Robert St. Clair P.O. Box 519 Los Gatos CA 95031 408 354 8886 Notes: Current APN 537-02-008. Jones Trail. CPSJ conveyed 170 acres in fee to District and granted open space easement over 94 acres. Easement Monitoring Agreement Page 2 :. ..: Cook Sierra Azul Owner: Jack M. Cook and Janet E. Cook and William W. Kitner and Doris C. Kitner Contact Person: Notes: District shares this easement with Los Gatos. Grant allows entry by "assigns." General inspection not more often than once every six months, unless reasonable cause to believe grantor is in material default. General inspection requires at least 3 days notice. Also allows entry to investigate a report of specific violation, requires 24 hour notice, except in emergency necessary to prevent irreparable harm. ... �� :+}•:}}v;{:sy,.}..};.v}}vvn:,v,.}vv-.,}:{•:x¢:??ryy{:,.i:{•:TT:4}Ti:{r-.:;:ft}}:S^}}}}:•:•T}}x}}x}T%:{•:}}•{.}:.}}:•{x:nv::r.:vrv::::xv.: s { .:,.'„.,..••:.: 4�.. ..{:::•nv-:.vv:T:v::}'vsT::h:}:i }T:$•X{?}}:{{:-}:{•1:}}T$•}'•:{+'}:•}:r{•}:?r• •}}Y4:v. } '}•. is}'•}Yd::_:.:v- v.i%.. :v}v}•:{::•:.s:.v. s ..R:}}•\\v\A.,':i.{::}{{:if::i{..{r...v.... .}:v-R.}:i:{{?{?:L:::::-v ..,khr}vv. .}..nT.,{:iw:.{:{{r.. fiirx:s, ......:}`{±ry}:4:8}}}:•.........n�{:v-•-. .:.•:::•:............ .'r"... .;�{nT::r?:::r ..r...h..r::..::::.::::ns�s4:•:ti•}:•:v::s',ti•.f}fi::2w:r:::i:w.• s..v:\ .v '{:.'::iiv':i}'{i%{•,• ir:v:is:-}'::�:r6{:•}.'•v:}::{•{.vn}},i.•$.::sv v.{:.:r.::.:::.l..h:;•.-:.�..........,�..:....?\....,�.......r............v. r:.:vv,:.v .:�•:.vi':. ...i•.../{r.:::.::.�:::/,.:::.-T.{•:::;n::•}:}s;.}. . ...............................:.. .. :::i:••+}'i::}}:?:ii::i::}i::ii$}::iii$i'r::_:::j:,w::i:}i:::{•iti?:••:::,;•:::s.. v ...............v..::.ter.•• ..............s.. .....•iix:{S}::::::.:i.::.:rr{Li::......::::•,,.'�r r'. Fletscher Sierra Azul Owner: Robert A. Fletscher Contact Person: Notes: Grantor conveyed 167 acres to District and easement over 20 acres of a 40 acre retained parcel. No specific limit on number of inspections. Requires unspecified prior notice on inspection, copy of any inspection report to grantor. Enforcement requires 30 day notice, so recommend 30 day notice of inspection. ...:R L+STTvr{•'fr'•.',?:t ' 4".�'i$• r-. 'C4' ;+:itiS{.:.4;:n.;:r 's;Tihh };;.,{�-T:,Mi�:}». `M. 'NCh41,vi�ri4}}.:. T. v}TeS;.w.Yn'•?PiK ...Mir 'O f.;^:<;£{�'�rwy: .>,. ,-t`ar:?;:;";.;/•,.�':,: �''},c;':ri.'-'� �' i: w•4`:� '/':,�.`:',^'. '{v �••:ryr;�?;},:{},{:;:,-r{�::?:rr?s�'•`;• :4{<:'Y�.•t•:{s..• �F•` ``�n�s��.•,`+c•:•� k••mir k�.{ S; .L?••�i, .•�`::�}::k ty;•}`���� �,9�+' ��.•y�., `. 5�`r+ `'�q'r:,�rr�F'y+ti'`• :u:{:a.#:S::t?.uxw h °:.4r"3a.,'.r '3,'.escr'.x,.•s�:'�.'tr,}'�:�%::{:+::::,-y,;w.9;:.:?:•;5E'�?<:•r#.t:?.:.�'a: �';\,.,::s•.,d:�f:,.t:Tx-°"!::r"as"s.:�:"ko'`�wi£�£v4.:::.`':r••. Glaubiger Rancho San Antonio Owner: Daniel L. and Merel P. Glaubiger 3466 Jackson Street San Francisco, CA 94118 415 563-3314 Contact Person: Notes: No restrictions on number of inspections. Requires two weeks notice. Grantor entitled to copy of any inspection report. Says that use of driveway for inspection is limited to "District employees" possible to strictly interpret to mean staff, although logical interpretation would include contract to inspect by POST. i Easement Monitoring Agreement Page 3 Our relations have been cordial, I would not expect objection. Y•\?�}}}}}:rr,{•v}}YYy,�,::i}}:•i%v'•}}:•Y:??i?•:{•:{.Y:{{•ii;•%?{{?•}Y:n}:•}irr,?ti?•Y..}'f.{x,{.;;•,;::}}::?.vx:-v` .:?•}}:::::•6}.............::................ ..???::.{:::.�:?•}tia}:•:{v}}:•}:{a}}}:i?^}}:{:,.•{::.:::::n%n•.�::r:.}:i.:.}}:}Y:?•:?.}•.;{.;{{x:;x,:•-: :4:t\?i::iii$i:i:;: :?:t?Yi:t:4?i?it::?{i'}:?i:}::?Yii}:i?:::'}"i{iti}::}::-i}:ti'i::i::''>:iiY• k.::::::::::.•.:• ..... ..v..a..aL;.a a:aa:n v;.,....{a.::i{{r.::::•,..a:L..aa+:..•...:.::-::..aL..A,vr::a::.{LL4:Lri:{.{:..,:i i.:i,.ti\v:i?i::}iii.}:i{,.::i:.;i:i{a:^S;ti}i_:::�,.. Guenther Skyline Ridge Owner: William A. Guenther and Carolyn Wafle 22400 Skyline Boulevard Route 2, Box 7 La Honda, CA 94020 408 377 9333 (W) Contact Person: Notes: Acquired in conjunction with Lohr and Jenkins. Guenther granted 39 acre open space easement. .•ti`Y?• ..;r'�""',,^',,:`-':-S:'',''�•`p'. ,,•+, '.�+•'Y :4{�`�:;}, ":#�',553"::>,•'r '<r•Sg. `w'�'}'f9,f,�X?�{f�k?4'•,kO'v., +; Cj:;��r;:?fy s• ?.^:$yy�,yys}?fl'�+ `:":?•'�v�•.: ..v:•.}:}:r•'{S,�••{''.•''.�.{.r"v�v'•'„av'•} �` ,� �"},r::i�v•:�ri•.rr. :,..::�}.v:�::: ./,.''�"''�•'•'r/�,:�;:}?•:. }}`f,.; .k H,.::F.:?•�+::.'ti•5`firir::}7;: ...Q X+..:.v � vyY��i�}+�`j',�'•:. :, A..}vfi{r•{.yi;•:::::?rr}"BY:;.{:}{'f,.r,'{iiV.;...,v v.r i:.`4}:v:•i` }rvii.?v:i:;G'w:....{. ;r`~:?t r:,'•Y`...} .ry?`:'.::?"s'.:`iX^sc-":<+'•�`fi�>4,}-.:.}'•.t'•£} ^r::?>;;?-:'?,y.r r�:rrr:••..•:.{••r.:•r•.{•.?r:..m,vv. � .�:., +c,,..?.fi ti.. r{.✓.•:,..{{r r�:f Ii}"{::?':?:�i:R „f�,.,,...,, .�:...%r�:,`,.'�{,.::.���.�•'�a�.?L,{::-.' .c�; „-r�.�;ia?.::-,',i.:$:�;?�{•e,Y.:iv:.::.#:{:-�L�'f f:.;;}s::�:�•?.?: .�'�',.ti� :?�Y{. ;:,?:�s`t�.�::�i.L.; 'r;�.:::��.:td�s Hidden Villa Rancho San Antonio Owner: Hidden Villa, Inc. 26870 Moody Road Los Altos Hills, CA 94022 Contact Person: Judith Steiner, Executive Director 26870 Moody Road Los Altos Hills, CA 94022 415 949 8654 Notes: The District acquired a 430 acre portion of the Hidden Villa Ranch in fee as a gift from the Duvenack family. Of the 1600 acres of retained land the District purchased easements as follows: 1428 acres (the most restricted designated a wilderness easement, 56 acres (the ranch easement) and 10 acre open space easement around the "house area." The easements were acquired by multiple grants beginning 1982. :j�Y}:c}:}Yvc�vamc - :??s?pz,+.:,:ttrQ., 3+•icc:?r}+�, 's:a??<cc x};¢?{st::,+,;re:�}'-.,;•tt-r:•::- ?�{c;x;::?{};:;.??}.;e;;t} c:. .'nyc v+:,.ic}'?:{:�r?c;:?}+:c;•.w'•1•x•Y�. ;w:;:�;.,..?:, ?v:�:,.x.: •.t. :.4. vat:-::{-:-}Y:}.�2;{.}:,,:{:{••{F.y+,o::<:'}`:r•:a.•: •}Y:,-.:+.,+es:wx -Y:Y..;Y:-:::?.}}.arr.}.�..x'L..''•,.'•`+""a°';.`:}�.rrt.,?:+'Pt•.:a;?Y.}:}:?-':°s}:::.:}:}}.,, ?}.:yY}v'xJ'k,:.,?::1:' :�:.i::�.:::xi-.,,.,{•.::a}:•}�•..?,::,.:.....::{L?::::. ,.a,.r::r.:.:.................. ?•:+,.. .:. ,..,,•.x..:Y:a}:?{ac•:a:?{?•':?;{{::+...r.{i+r.•tS::}x{;ia}}}x??{:}}:•:??...:....-..:x-:?.S•:{?-.�-." v x..vv:x...v..v...:...v.n,....,vvr..r.:....,......v:......rr.,vv..v......n.....v......i•}}}:ii•:a:{i?v::.x:,,t•:.v:',•X{•}:•:i{.i?::;t?.:i,\'•%?a:?????a}};"v.?.viiiC?3i{{•:{•k•:i•:??•:{??:1::i?,:ii•�•:i?•:i?{i Easement Monitoring Agreement Page 4 Ireland Sierra Azul Owner: T.W. Ireland 15294 Kennedy Road Los Gatos, CA 95032 Contact Person: Bill Ireland Notes: Open Space and Conservation Easements acquired as part of an exchange of land Jenkins Skyline Ridge Owner: Roy Clifton Jenkins P.O. Box 2095 Redwood City, CA 94064 415941 5005 Contact Person: Cliff Jenkins Notes: Jenkins granted 54 acres in fee and an open space easement over a retained 9 acre area. Acquired in conjunction with Guenther and Lohr. Jikoji Long Ridge Open Space Owner: Jikoji 12100 Skyline Boulevard Los Gatos, CA 95030 Contact Person: Mike Newhall Notes: New APN 88-011-09, -08 El Easement Monitoring Agreement Page 5 Lohr (Marquez) Skyline Ridge Owner: Carlos Marquez 200 Diablo Road La Honda, CA 94020 415 941-4753 Contact Person: Notes: 30 acre open space easement acquired in conjunction with Guenther and Jenkins from James A Lohr and Judith Lohr. Now owned by Carlos Marquez. A Moody Gulch Owner: Santa Clara County Parks and Recreation Department Property Management 298 Garden Hill Drive Los Gatos, CA 95030 Contact Person: Donna Logan Oswald Thornewood Owner: Ralph J. Oswald and Barbara A. Oswald Contact Person: Notes: Easement granted in exchange for the District granting an easement to Skyline County Water District. Trail Easement, not an open space easement. Easement Monitoring Agreement Page 6 Schwabacher Monte Bello Owner: James H. Schwabacher, Marie Louise Rosenberg 12 Geary Street, Room 605 San Francisco, CA 94108 Contact Person: Elmano Homen 13360 Montebello Road Cupertino, Ca 95014 Notes: District exchanged 2 parcels (formerly lands of Melton and Collins) totalling 24 acres for 60 acres. District retained open space easement on conveyed parcels. -..I W Sorahan Sierra Azul Owner: Dennis and Carolyn Sorahan 15000 Blackberry Hill Road Los Gatos, CA 95032 408 395 4951 Contact Person: Notes: This former Duffy-Barnes Parcel totaling 44 acres was exchanged for two parcels totaling 37 acres. District retained an easement over about 30 acres. =MNAI"IMM- M"WI. I.-I Zand Thornewood Owner: S. Marc Zand 50 Toyon Road Atherton, CA 94025 Contact Person: Notes: District exchanged land with Zand retaining an open space easement on the conveyed land. Up to two general inspections permitted each year, unless there is probable cause to believe there is a material default. 7 days notice of general inspection, 2 days notice of special inspection (report of violation) no notice in emergency (irreparable harm). Claims No. 97-07 Meeting 97-08 Date: March 26, 1997 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1833 350.00 Aaron's Septic Tank Service Sanitation Service 1834 335.00 Acme & Sons Sanitation Sanitation Service 1835 216.39 Acorn Naturalists Resource Documents 1836 504.27 Acorn Signs Banners-Anniversary Event 1837 3,922.31 Anderson Pacific Weeks Road Repairs 1838 123.00 ADT Security Systems Skyline Alarm Service 1839 211.92 AT & T Telephone Service 1840 58.16 Gordon Baillie Reimbursement--Resource Documents 1841 123.22 Barron Park Supply Co. Plumbing Parts--Nature Center 1842 1,798.84 Baron Welding & Iron Works, Inc. Aluminum Gate 1843 268.53 Craig Beckman Reimbursement--Uniform Expense 1844 151.28 Beck's Shoes, Inc. Uniform Boots 1845 3,803.70 Bettencourt American Landscape Landscape Maintenance Service 1846 360.00 Boley Consulting Engineers Structural Consulting--Skyline Hog Barn 1847 63.00 *1 City of Brisbane Legislators Meeting 1848 71.85 Cindie Brunner Software 1849 86.82 Dick Bruhn, Inc. Uniform Expense 1850 4,072.17 Brian Kangas Foulk Consulting Engineers Teague Hill Survey 1851 52.20 Cabela's Uniform Expense 1852 120.00 California Park & Recreation Society, Inc. Membership Dues 1853 88.66 California Water Service Water Service 1854 3,690.35 Callander Associates Windy Hill Parking Design Study 1855 55-00 Camino Medical Group Medical Services 1856 733.27 Cascade Fire Equipment Company Field Supplies 1857 48.49 C & J Cartridges Fax Machine Ink Cartridges 1858 218.93 Carolina Biological Supply Co. Nature Center Specimens 1859 220.04 Annette Coleman Reimbursement--Bike Patrol Supplies 1860 492.50 Con's Backhoe & Lumber Enterprise Water Line Repairs 1861 72.48 Dennis Danielson Reimbursement--Professional Dues 1862 2,344.86 Design Concepts Newsletter and Brochure Printing 1863 80.00 East Bay Regional Park District Docent Training 1864 1,215.88 Empire Equipment Company Dozer Rental 1865 80.00 John Escobar Reimbursement--NRPA Membership 1866 245.46 Film To Frame Photo Processing 1867 28.21 G & K Services Shop Towel Service 1868 481.33 Good Year Auto Service Center Tires 1869 46.68 GTE California White Pages Phone Listing 1870 26.41 GTE Mobilnet Cellular Phone Service 1871 45.00 Clarie Hollenbeck Docent Training 1872 198.44 The Home Depot Field Equipment and Supplies 1873 282.84 Honda Peninsula ATV Helmet Liners 1874 125.00 Institute of Computer TechnIogy Computer Class--G. Baillie 1875 900.00 Integrated Training Resources Defensive Tactics Instruction 1876 49.04 Michael Jurich Reimbursement--Field Supplies 1877 3,675.00 Tamara Kan Exotic Plant Study *1 Urgent Check Issued March 17, 1997 Page 1 Claims No. 97-07 Meeting 97-08 Date: March 26, 1997 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1878 45.00 David Koffman Docent Training 1879 102.87 Lab Safety Supply Field Safety Supplies 1880 10.00 The Land Trust Alliance Resource Document 1881 19.16 Langley Hill Quarry Baserock 1882 759.85 Lanier Worldwide, Inc. Copier Lease 1883 900.00 Los Altos Garbage Company Debris Box Rental 1884 226.52 MetroMobileCommunications Radio Repair 1885 436.40 Minton's Lumber&Supply Field Supplies 1886 99.13 Moffett Supply Company Flourescent Light Bulbs 1887 164.23 Mission Valley Ford Truck Sales, Inc. Batteries 1888 49.95 Ralph Molica Reimbursement--Uniform Expense 1889 68.74 Monogram Sanitation Sanitation Supplies 1890 350.00 City of Mountain View Deposit--Volunteer Event Site 1891 716.07 Nature Watch Nature Center Specimens 1892 19.50 Netcom Shell Monthly Internet Service 1893 65.00 *2 Nonproft Development Center Media Fair Registration--K. Altieri 1894 108.00 Northern Hydraulics Inc. Field Equipment 1895 551.62 Orchard Supply Hardware Field Equipment and Supplies 1896 45.00 Sandra Overton Docent Training 1897 1,185.46 Pacific Bell Telephone Service 1898 264.36 Pacific Coast Seed Company Erosion Control Seed 1899 500.00 *3 City of Palo Alto Utilities Hydrant Meter Deposit--Montebello Road 1900 25.00 City of Palo Alto Hearing Examiner Services 1901 244.75 PIP Printing Letterhead and Volunteer Handbooks 1902 15,000.00 Platypus Studios Nature Center Phase 11 Exhibits 1903 3,500.00 Town Of Portola Valley Retainer for Town Planner--Windy Hill 1904 1,007.46 OSP Printing Business Card Printing 1905 193.74 Rabbit Copiers Quarterly Copy Machine Maintenance 1906 60.88 Rancho Ace Hardware & Garden Shop Plumbing Supplies and Paint 1907 68.26 Rayne Water Conditioning Water Service 1908 544.44 Roy's Repair Service Vehicle Maintenance and Repairs 1909 8.38 Royal Brass, Inc. Tractor Part 1910 76.75 Safety-Kieen Solvent Service 1911 159.00 San Jose Mercury News Subscription Renewal 1912 32.72 Sears Small Tools 1913 27.50 Sequoia Analytical Water Testing 1914 1,482.49 John Shelton, Inc. Drainage Products 1915 47.52 Signs of the Times Signs 1916 270.00 Sonoma State University Academic Foundation Historical Records Search--El Corte de Madera Open Space Preserve 1917 67.72 Cheryl Solomon Vehicle Expense 1918 14.98 The Stove Works Enterprise--Stove Pipe 1919 113.14 Summit Uniforms Uniform Expense 1920 10,345.00 Tag Group Corporation Skyline Office Construction Company •2 Urgent Check Issued March 19, 1997 *3 Urgent Check Issued March 11, 1997 Page 2 Claims No. 97-07 Meeting 97-08 Date: March 26, 1997 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Amount Name Description 1921 598.53 Tap Plastics Sign Materials 1922 749.89 Target Specialty Products Weed Abatement Chemicals 1923 188.57 Teater & Etc. Computerized Map and Signs 1924 60.00 Terminex International Monthly Pest Control Service 1925 837.01 Therma Corp. Air Conditioning and Heating Service 1926 6,423.97 Turner & Mulcare Legal Services 1927 90.09 University Art Center Wall Map Supplies 1928 1,435.00 U.S. Rentals Backhoe Rental 1929 60.75 West Coast Aggregates, Inc. Baserock 1930 91.00 West Coast Rebar Rebar 1931 7,488.00 Willson's Concrete Foothills Office Concrete Slab--Vehicle Washboard 1932 300.00 Roberta Wolfe Recording Services 1933 33.74 The Workingman's Emporium Uniform Expense 1934 21.61 Yardbird Equipment Sales Equipment Repair Parts 1935R 73.57 "4 Eyers Hitch Center Trailer Hitch 1936R 189.49 Petty Cash Business Meeting Expense, Film, Seminar Registration, Vehicle Expense Field Supplies and Office Supplies TOTAL 90,491.28 Page 3 Claims No. 97-07 Meeting 97-08 Date: March 26, 1997 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1833 350.00 Aaron's Septic Tank Service Sanitation Service 1834 335.00 Acme & Sons Sanitation Sanitation Service 1835 216.39 Acorn Naturalists Resource Documents 1836 504.27 Acorn Signs Banners-Anniversary Event 1837 3,922.31 Anderson Pacific Weeks Road Repairs 1838 123.00 ADT Security Systems Skyline Alarm Service 1839 211.92 A T & T Telephone Service 1840 58-16 Gordon Baillie Reimbursement--Resource Documents 1841 123.22 Barron Park Supply Co. Plumbing Parts--Nature Center 1842 1,798.84 Baron Welding & Iron Works, Inc. Aluminum Gate 1843 268.53 Craig Beckman Reimbursement--Uniform Expense 1844 151.28 Beck's Shoes, Inc. Uniform Boots 1845 3,803.70 Bettencourt American Landscape Landscape Maintenance Service 1846 360.00 Boley Consulting Engineers Structural Consulting--Skyline Hog Barn 1847 63.00 •1 City of Brisbane Legislators Meeting 1848 71.85 Cindie Brunner Software 1849 86.82 Dick Bruhn, Inc. Uniform Expense 1850 4,072.17 Brian Kangas Foulk Consulting Engineers Teague Hill Survey 1851 52.20 Cabela's Uniform Expense 1852 120.00 California Park & Recreation Society, Inc. Membership Dues 1853 88.66 California Water Service Water Service 1854 3,690.35 Callander Associates Windy Hill Parking Design Study 1855 55.00 Camino Medical Group Medical Services 1856 733.27 Cascade Fire Equipment Company Field Supplies 1857 48.49 C & J Cartridges Fax Machine Ink Cartridges 1858 218.93 Carolina Biological Supply Co. Nature Center Specimens 1859 220.04 Annette Coleman Reimbursement--Bike Patrol Supplies 1860 492.50 Con's Backhoe & Lumber Enterprise Water Line Repairs 1861 72.48 Dennis Danielson Reimbursement--Professional Dues 1862 2,344.86 Design Concepts Newsletter and Brochure Printing 1863 80.00 East Bay Regional Park District Docent Training 1864 1,215.88 Empire Equipment Company Dozer Rental 1865 80.00 John Escobar Reimbursement--NRPA Membership 1866 245.46 Film To Frame Photo Processing 1867 28.21 G & K Services Shop Towel Service 1868 481.33 Good Year Auto Service Center Tires 1869 46.68 GTE California White Pages Phone Listing 1870 26.41 GTE Mobilnet Cellular Phone Service 1871 45.00 Clarie Hollenbeck Docent Training 1872 198.44 The Home Depot Field Equipment and Supplies 1873 282.84 Honda Peninsula ATV Helmet Liners 1874 125.00 Institute of Computer Techniogy Computer Class--G. Baillie 1875 900.00 Integrated Training Resources Defensive Tactics Instruction 1876 49.04 Michael Jurich Reimbursement--Field Supplies 1877 3,675.00 Tamara Kan Exotic Plant Study 1 Urgent Check Issued March 17, 1997 Page 1 Claims No. 97-07 Meeting 97-08 Date: March 26, 1997 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 1878 45.00 David Koffman Docent Training 1879 102.87 Lab Safety Supply Field Safety Supplies 1880 10.00 The Land Trust Alliance Resource Document 1881 19.16 Langley Hill Quarry Baserock 1882 759.85 Lanier Worldwide, Inc. Copier Lease 1883 900.00 Los Altos Garbage Company Debris Box Rental 1884 226.52 MetroMobileCommunications Radio Repair 1885 436.40 Minton's Lumber&Supply Field Supplies 1886 99.13 Moffett Supply Company Flourescent Light Bulbs 1887 164.23 Mission Valley Ford Truck Sales, Inc. Batteries 1888 49.95 Ralph Molica Reimbursement--Uniform Expense 1889 68.74 Monogram Sanitation Sanitation Supplies 1890 350.00 City of Mountain View Deposit--Volunteer Event Site 1891 716.07 Nature Watch Nature Center Specimens 1892 19.50 Netcom Shell Monthly Internet Service 1893 65.00 *2 Nonproft Development Center Media Fair Registration--K. Altieri 1894 108.00 Northern Hydraulics Inc. Field Equipment 1895 551.62 Orchard Supply Hardware Field Equipment and Supplies 1896 45.00 Sandra Overton Docent Training 1897 1,185.46 Pacific Bell Telephone Service 1898 264.36 Pacific Coast Seed Company Erosion Control Seed 1899 500.00 *3 City of Palo Alto Utilities Hydrant Meter Deposit--Montebello Road 1900 25.00 City of Palo Alto Hearing Examiner Services 1901 244.75 PIP Printing Letterhead and Volunteer Handbooks 1902 15,000.00 Platypus Studios Nature Center Phase 11 Exhibits 1903 3,500.00 Town Of Portola Valley Retainer for Town Planner--Windy Hill 1904 1,007.46 OSP Printing Business Card Printing 1905 193.74 Rabbit Copiers Quarterly Copy Machine Maintenance 1906 60.88 Rancho Ace Hardware & Garden Shop Plumbing Supplies and Paint 1907 68.26 Rayne Water Conditioning Water Service 1908 544.44 Roy's Repair Service Vehicle Maintenance and Repairs 1909 8.38 Royal Brass, Inc. Tractor Part 1910 76.75 Safety-Kleen Solvent Service 1911 159.00 San Jose Mercury News Subscription Renewal 1912 32.72 Sears Small Tools 1913 27.50 Sequoia Analytical Water Testing 1914 1,482.49 John Shelton, Inc. Drainage Products 1915 47.52 Signs of the Times Signs 1916 270.00 Sonoma State University Academic Foundation Historical Records Search--El Corte de Madera Open Space Preserve 1917 67.72 Cheryl Solomon Vehicle Expense 1918 14.98 The Stove Works Enterprise--Stove Pipe 1919 113.14 Summit Uniforms Uniform Expense 1920 10,345.00 Tag Group Corporation Skyline Office Construction Company *2 Urgent Check Issued March 19, 1997 *3 Urgent Check Issued March 11, 1997 Page 2 Claims No. 97-07 Meeting 97-08 Date: March 26, 1997 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Amount Name Description 1921 598.53 Tap Plastics Sign Materials 1922 749.89 Target Specialty Products Weed Abatement Chemicals 1923 188.57 Teater & Etc. Computerized Map and Signs 1924 60.00 Terminex International Monthly Pest Control Service 1925 837.01 Therma Corp. Air Conditioning and Heating Service 1926 6,423.97 Turner & Mulcare Legal Services 1927 90.09 University Art Center Wall Map Supplies 1928 1,435.00 U.S. Rentals Backhoe Rental 1929 60.75 West Coast Aggregates, Inc. Baserock 1930 91.00 West Coast Rebar Rebar 1931 7,488.00 Willson's Concrete Foothills Office Concrete Slab--Vehicle Washboard 1932 300.00 Roberta Wolfe Recording Services 1933 33.74 The Workingman's Emporium Uniform Expense 1934 21.61 Yardbird Equipment Sales Equipment Repair Parts TOTAL 89,863.28 Page 3 Regional Open , we 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manager DATE: March 26, 1997 SUBJECT: FYI 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 off „�-�- San Francisquito Creek Watershed Coordinated Resource Management and Planning(CRMP) -� LMAR 9. 5 1997 Peninsula Conservation M I D P E REGIONAL Center Foundation OPEN SFIA E D;S i RICT 3921 East Bayshore Road Palo Alto,CA 94303 Craig Britton March 19, 1997 District General Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Dear Mr. Britton, We are pleased to send you the Draft Watershed Management Plan for the San Francisquito Creek Coordinated Resource Management and Planning (CRMP) process. We are writing to request that a workshop be set up with members of the Board of Directors and senior staff to discuss the content of the Plan with some participants from the CRMP Steering Committee. The Draft Plan is the result of three years work by the major stakeholders in the watershed to develop a set of principles and goals for the long-term management of the watershed. -The document also outlines proposed actions towards accomplishing those goals and lists partnership opportunities for implementing the suggested activities. We are now ready to begin the dialogue with decision-makers about the next steps in the CRMP process. We recognize that the Open Space District may want to take a more active role in the CRMP process at this time. Since District staff had been unable to participate in the creation of the Plan, your feedback on it is particularly important to us. We would like the opportunity to discuss the Draft Plan with the Board of Directors and senior staff in a workshop. Specifically, we seek to: • answer questions about the Plan, such as the rationale behind specific items, and • get ideas, comments and suggestions on the Plan, on how to proceed with implementation, and on how well this Plan would fit with the Open Space District's planning guidelines. We would be pleased to work with you on developing a more detailed agenda for the proposed workshop. It might be most appropriate to hold it sometime this spring before the anticipated release of the new FEMA flood zone maps which involve San Francisquito Creek. Deborah is coordinating these meetings for the CRMP Steering Committee and will call you next week to discuss this request. Sincerely, � os� Debbie Mytels Deborah Stanger Edelman San Francisquito Creek CRMP Coordinator CRMP Plan Outreach Consultant cc: Randy Anderson Jodi Isaacs Regional Open *ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT March 25, 1997 Honorable Tom Huening Board of Supervisors County Government Center 401 Marshall Street Redwood City, CA 9406') Dear Supervisor Huening: The Midpeninsula Regional Open Space District is hosting a legislative briefing on Friday, April 4 to provide information to city and county officials and answer questions about Senator Byron Sher's SB 1048. We're excited about this bill, and would like to invite you to attend this briefing to hear an explanation of what this bill means to Bay Area parks, recreation, and open space funding. Senator Sher hopes to personally attend this meeting, along with members of his staff and representatives of the Bay Area Open Space Council, the sponsor of SB 1048. Senate Bill 1048 will enhance the Bay Area's ability to finance parks, recreation, and open space projects of regional significance within the nine-county San Francisco Bay Area region by defining a Bay Area Program within the California Coastal Conservancy. The Bay Area is already acknowledged in the Coastal Conservancy's enabling statute as a region of special needs. With this acknowledgment, the Coastal Conservancy to a degree already serves as a regional conservancy for the Bay Area, but its jurisdiction in this region is limited to the coastline, the bay shoreline and, in a vaguely defined way, the riparian corridors which flow into the bay. The wider resource preservation and outdoor recreation needs of the Bay Area could be more adequately addressed through minor modifications to the purposes and organizational structure of the Coastal Conservancy. Senator Sher's proposed legislation will accomplish these modifications, which the Coastal Conservancy has embraced. This legislation would clearly define the watershed areas within the Bay Area where the Conservancy may fund acquisition, development and operation of trails along the bay, the ridge tops, the coast, and connecting trails, and related facilities such as interpretive centers, picnic areas and campgrounds. In addition, funding could provide for the protection and restoration of natural habitats and connecting corridors, watersheds, scenic areas, and other open space resources. 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 March 25, 1097 Honorable Tom Huening Page -2- While SB 1048 does not directly appropriate funds, it establishes a structure for Bay Area funding. The briefing on April 4th will include an update of two proposed statewide bond measures, SB 2 by Senator Thompson and AB 1000 by Assemblymember Keeley, which Could provide the means to fund the Bay Area Program set up by SB 1048. With this as an overview of the legislation, I invite you to attend the briefing to learn additional details and take the opportunity to have any questions answered. The briefing is scheduled for Friday, April 4 from 10:00 a.m. to 11:30 a.m. here at the District offices, 3330 Distel Circle, Los Altos. Please call us at (415) 691-1200 by April 3 to let us know if you will be attending. I look forward to seeing you here on April 4, and to your support of SB 1048. Sincerely, L. Craig Britton General Manager LCB/mcs cc: MROSD Board of Directors Honorable Byron Sher John Woodbury, Bay Area Open Space Council Memorandum : To: Craig Britton From: John Escobar Subject: Trail and facili y damage damage from 1996/97 winter storms. Date: March 19, 1997 Skyline Area: Coal Creek: The upper end of the of the Thompson Driveway has settled, due to slide activity. The damage has been repaired. The outflow from a culvert on Crazy Pete's Road has been undermining the road surface. The public can still access the areas, but the cost and responsibility of road repairs will have to be agreed upon with San Mateo County Road Department. El Corte de Madera: There is deep and extensive rutting on Timberview. Staff are anticipating renting equipment to repair the damage. There is a large mud slide on Gordon Mill between the mid-level road and the Lawrence Creek Trail. The area is still too wet to allow repairs. Visitors can use the area, but there is no access for patrol vehicles. Virginia Mill, Lawrence Creek and Resolution trails suffered damage due to large slides, but have been reopened. A volunteer project, to do further repairs on Resolution Trail, occured on March 15. Sections of the trail were rebuilt and retaining walls were repaired. Corte Madera trail is damaged at the culvert crossing. The trail is open for visitor use, but not for patrol vehicles. La Honda Creek: The Dyer House basement flooded and has been pumped out. Long Ridge: An estimated 500 gallons of water was captured, in buckets, from the leaking roof of the former Landre Residence. A portion of the wood floor was damaged. Crew members have done extensive repairs to the roof to prevent further damage. Montebello: Lower Canyon Trail was washed out by a large slide near Stevens Canyon Rd. Repairs have been made and the trail is now open. The Scent Trail was closed due to slide. This has been repaired and the trail is open. Purisima Creek: The footing of the Grabtown Bridge has been undermined by the creek. Staff are investigating various solutions to repair the damage. Windy Hill: The Razor Back trail was closed due to a slide. It has been repaired and the trail is open. Foothills Area: El Sereno: Culverts were cleared and water damage repaired near Sheldon road access. Fremont Older: Culverts were cleared and water damage repaired on Hayfields road, the P.G. & E. trail and Regnart Road. Rancho San Antonio: Trees have been cleared from Black Mountain and Upper Wildcat trails. Law Offices Of COLLEEN DoHERT'Y 70 E t worth Street Tel:(415)6484M Son Frowisco,CA 94110 F=(415)282-6654 March 23, 1997 Via Facsimile and Mail Mary C.Davey President,Board of Directors Midpenirmla Regional Open Space District 330 Distel Circle Los Altos,CA 94022-1404 Re: Russian Com=-of Our Lady of Vladimir Property Dear Ms. Davey: The Russian Convent of Our Lady of Vladimir has asked me to write to you to express their interest in appearing before the Open Space District Board in order to make a presentation to the Hoard on the proposed project for their property located off Skyline Boulevard. I discussed this with Susan Schecktman,and this letter is intended to confirm that the Russian Content would like to be invited to speak to the Board on its regular agenda. As you may know,the Convent has initiated rneetinls with your staff to discuss the extension of the Bay Area Ridge Trail,and has learned from those discussions and others of the potential for conderrination of the property. The Convent would like to meet with the Board prior to any further action being taken by the Board on this issue. As the Convent intends to leave 99%of the 284 acre parcel as open space,it would seen that there is a potential for the Convent and the District to work together to accomplish mutually compatrble goals. We would appreciate it if this request could be discussed at your March 26, 1997 meeting. Please don't hesitate to call if you wish additional information. Please also add me to your mailing list to receive notice of meetings or other information related to this property. Thank you for your consideration of this request. Yours truly, Colleen Doherty cc Susan Schecktman Ed Wd92:ET L66L SE -aeW VS99 E8E GIV : 'ON 3NOHd Ai63HOG : W063 Regional Open w ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manager DATE: March 21, 1997 SUBJECT: FYI 330 Distel Circle I Los Altos, CA 94022-1404 0 Phone:415-691-1200 FAX:415-691-0485* E-mail: mrosd@openspace.org 0 Web site:www.openspace.org tt? Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr. David T.Smernoff, Nonette Hanko, - .._. itz � rai Britt..., y Betsy Crowder,Kenneth C.Nitz� General Manager.L.Craig Batton Clearing storm over El Capitan, Yosemite, Cahforma. ;1 j O — DAA O�,l. . �.,. - - P - - - 11�c� Fco izm�,� �• CaiP�� • � C, �z�- ►�4 t -��-)e,z I Z� rAOX0• G REEVED MM The Sierra Club MOUNTAIN LIGHT T_P r � Copyright c, c OPEN4 F- INTER-OFFICE MEMORANDUM March 20, 1997 TO: Craig Britton, General Manger FROM: John Escobar, Operations Manager SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY Month February Year 1997 VIOLATIONS TOTALS CITES CRIMES TOTALS CITES Bicycles Auto burglaries 0 0 Closed area 36 29 False information 4 0 Speed 3 2 Resisting officer 2 0 Helmet 29 17 Exhbition of speed 1 1 After hours 0 0 Dogs ACCIDENTS Prohibited area 11 7 Bicycle 3 Off-leash 13 9 Equestrian 0 Closed area 5 0 Hiking/running 0 After hours 7 3 Other first-aid 0 Fishing 0 0 Search/rescue 0 Swimming 0 0 Air evacuation 1 Vandalism 0 0 Off-road vehicle 0 0 ENFORCEMENT Parking 18 13 Citations 100 Parking after hours 20 17 Written warnings 48 Dumping/littering 0 0 Arrests 0 Campfires 0 0 Police assistance 1 Camping 1 0 Weapons MUTUAL AID Actual contact 0 0 Accidents 1 Report only 0 0 Law Enforcement 0 Evidence of 0 0 Fire (vehicle) 1 Model aircraft 1 0 Landing Zone 0 Removal of plants 0 1 Bike unsafe operation 0 1 Vehicle prohibited 1 0 Bikes on 1-way trail 2 0 SUNUqAREES OF SIGNIFICANT INCIDENTS Feb. 1: T. Karnofel found sexually explicit photos posted behind the plexiglass of the mapboard at Monte Bello. He removed the photos. Feb. 2: B. Malone attempted to stop a bicyclist for riding on a closed trail at Long Ridge. The bicyclist fled. Feb. 2: D. Danielson issued a citation to a cyclist for riding on a closed trail at Russian Ridge. The person provided false information. Feb. 8: K. Miller issued citations to two cyclists riding a closed trail at Pulgas Ridge. One cyclist had $1300 in traffic warrants, however the Sheriffs Office did not respond. The other cyclist had a previous citation for the same violation. Feb. 16: B. Malone stopped two cyclists for riding on an unauthorized trail at El Corte de Madera. Both provided false information. Feb. 23: B. Downing issued a citation for riding on a closed trail at El Corte de Madera and the cyclist provided false information. Feb. 23: T. Karnofel stopped a cyclist for unsafe operation of a bicycle at Sierra Azul. The subjects speed was estimated at 25 mph before he started to skid out of control for 50 feet before stopping. The cyclist was issued a citation. Feb. 23: T. Lausten issued a citation for dog off leash at Fremont Older to a person who had been issued a citation at Rancho earlier in the day for dog prohibited. Feb. 23: T. Karnofel deployed his pepper spray in response to a charging rottweiler dog at the end of Stevens Canyon. The dog was not leashed and failed to stop at the command of its owner. The dog stopped 5 feet away and the owner secured the dog. The owner was given a verbal warning. Regional Open -ice .......... MIDPENINSULA REGIONAL OPEN SPACE DISTRICT March 20, 1997 Honorable Barbara Boxer Member, United States Senate 112 Hart Senate Office Building Washington, DC 20510 Subject: Bair Island Acquisition Funding Dear Senator Boxer: I am writing to urge Your assistance in securing a $10 million appropriation from the Land and Water Conservation Fund for the Bair Island addition to the Sail Francisco Bay National Wildlife Refuge. Peninsula Open Space Trust (POST) has committed to raising $5 million from local donors as a match to a Federal appropriation, to reach the total $15 Million purchase price. As You know, Bait- Island is a 1,600-acre wetlands area near Redwood City and is of crucial importance to the-recovery of three endangered species(tile salt marsh harvest mouse, California clapper rail, and California least tern) as well as to the survival of 126 species of birds and 13 different mammals that live or teed on the island. This site was on the verge of major development, which would have effectively destroyed the habitat and the species residing there. If the Federal appropriation can be obtained, POST'S purchase option would be exercised and the land Would be transferred to the United States Fish and Wildlife Service for restoration and protection, assuring permanent preservation of this irreplaceable natural resource. The Fish and Wildlife Service has already documented that the restoration of the island is essential to the recovery of those species and to the sustenance of other animals on the island. It is ol'crucial importance that POST obtains$10 million from the Federal government's Land and Water Conservation Fund to leverage with $5 million in locally-raised private funds to complete this critical purchase for the Sail Francisco National Wildlife Refuge. The MidpeninSLIla Regional Open Space District actively Supports POST's efforts to gain a Federal appropriation for this acquisition, and urges Your assistance in seeing that this unique and irreplaceable natural resource is permanently preserved. Sincere y, Mary C President, Board of Directors MCD/nics cc: MROSI) Board of Directors Audrey Rust, POST 330 Distel Circle • Los Altos, CA 94022-1404 Phone:415-691-1200 FAX:415-691-0485• E-mail: riiros(]@ol)etisl)ace.org Web site:www.openspace.org Board of Oite(fots:Pete Siemens,Mary C.Davey,Jed Cyr, David T.Smemoff, Nonefte I lanko, Betsy Crowder,Kenneth C. N47 * GeneralAlmoger:L Craig Brittoti Regional Open " ice 1 •.. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT March 20, 1997 Honorable Ralph Regula House Interior Appropriations B-309 Rayburn House Office Building Washington, DC 20515 Subject: Bair Island Acquisition Funding Dear Representative Regula: I am writing to urge your assistance in securing a $10 million appropriation from the Land and Water Conservation Fund for the Bair Island addition to the San Francisco Bay National Wildlife Refuge. Peninsula Open Space Trust(POST) has committed to raising $5 million from local donors as a match to a Federal appropriation, to reach the total $15 million purchase price. As you know, Bair Island is a 1,600-acre wetlands area near Redwood City and is of crucial importance to the recovery of three endangered species(the salt marsh harvest mouse, California clapper rail, and California least tern) as well as to the survival of 126 species of birds and 13 different mammals that live or feed on the island. This site was on the verge of major development, which would have effectively destroyed the habitat and the species residing there. If the Federal appropriation can be obtained, POST's purchase option would be exercised and the land would be transferred to the United States Fish and Wildlife Service for restoration and protection, assuring perniianent preservation of this irreplaceable natural resource. The Dish and Wildlife Service has already documented that the restoration of the island is essential to the recovery of those species and to the sustenance of other animals on the island. - It is of crucial importance that POST obtains $10 million from the Federal government's Land and Water Conservation Fund to leverage with $5 million in locally-raised private funds to complete this critical purchase for the San Francisco National Wildlife Refuge. T"he Midpeninsula Regional Open Space District actively supports POST's efforts to gain a Federal appropriation for this acquisition,and urges your assistance in seeing that this unique and irreplaceable natural resource is permanently preserved. Sincere) , Lq-))� XAY (• Mar C. D U Y Y President, Board of Directors MCDlmcs cc: MROSD Board of Directors Audrey Rust, POST 330 Distel Circle • Los Altos, CA 9402 2-1 404 • Phone:415-691-1200 FAX:415-691-0485• E-mail: mrosd@openspace.org Web site:www.orretispace.org t4f Board ofDirectocs:Pete Siemens,Mary C.Davey,led Cyr, David T.Smernoff, Nonette Lianko, Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton