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Home My Public Portal About19970423 - Agenda Packet - Board of Directors (BOD) - 97-11 Regional Open -*ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-11 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS AGENDA* 6:30 P.M. 330 Distel Circle Wednesday Los Altos, California April 23, 1997 (6:30) ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS CLOSED SESSION The Closed Session will begin at 6:30 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 will reconvene the Special Meeting Closed Session. 1. Conference With Real Property Negotiator - Government Code Section 54956.8 A. Real Property: Santa Cruz County Assessor's Parcel Numbers:, 098- 141-10 & -11 Ne og tiating Parties: Charles Keenan of Keenan Land Company Under Negotiations: Instructions to negotiator will concern price and terms of payment. B. Real Property: Santa Clara County Assessor's Parcel Numbers: 527- 17-04; 527-19-04, -05, -06 & -07; 527-20-01; 537-27-05 & -06 Ne otg, iating Parties: Elaine Breeze of Summerhill Homes Under Negotiations: Instructions to negotiator will concern price and terms of payment. (7:30) REGULAR MEETING OF THE BOARD OF DIRECTORS ** ORAL COMMUNICATIONS -- Public ADOPTION OF AGENDA *** ADOPTION OF CONSENT CALENDAR -- M. Davey *** WRITTEN COMMUNICATIONS (Consent Item) 330 Distel Circle 0 Los Altos, CA 94022-1404 , Phone: 415-691-1200 FAX:415-691-048.5 E-mail: mros(I@openspace.org * Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey, led C er, David 1,Smernoff,Nonette Nanko, Betsy Crowder, Kenneth C.Nitz. General hfartager:L.Craig Britton Meeting 97-11 Page 2 BOARD BUSINESS (7:45) 1. Approval of Proposed Budget of$25,000 for District Research of Possible Methods of Preserving Open Space on the San Mateo Coast, Including Potentially Establishing a System of District Open Space Preserves, Parks, and Beaches -- C. Britton *** 2. Authorization to Retain Jakaby Engineering for Annual District Engineering Services to be Provided on Selected Budgeted Capital Improvement Projects during the 1997-1998 Fiscal Year, and Recommend Authorization for Expenditure Limit Not to Exceed $100,000 -- R. Anderson (7:50) 3. Reconsideration of Inclusion of Goat Grazing in the District's Grassland Management Plan for the Russian Ridge Open Space Preserve -- D. Smernoff *** 4. Authorization to Amend Contract with HMC to Provide Planning and Architectural Consulting Services on Improvements to the Foothills Shop Building at Rancho San Antonio Open Space Preserve in an Amount Not to Exceed $9,560 - D. Woods (8:05) 5. Tentative Adoption of an Amendment to the Use and Management Plan for Monte Bello Open Space Preserve to Allow Reconstruction of the Old Ranch Trail and to Designate the Trail as a Multi-Use Trail and Determination that the Project is Categorically Exempt from the California Environmental Quality Act -- M. de Beauvieres (8:10) 6. Amendment of Public Employees Retirement system (PERS) Contract for Local Miscellaneous Members to Provide 2 Percent at 55 Retirement Formula Including an Extension of the Funding Period to the Year 2016 -- C. Britton Resolution of Intention to Approve an Amendment to Contract Between the Board of Administration of the Public Employees Retirement System and the Board of Directors of the Midpeninsula Regional Open Space District *** 7. Approval of Exemplary Service Award Program as a Replacement for the Former Salary Incentive Award Program -- D. Dolan (8:15) 8. Approval of Staffing Reorganization of Administration, Planning and Acquisition, and Operations Programs Including Reclassification of Senior Planner to Senior Management Specialist and Assign Salary Range of Step Number 264 to 289 with Corresponding Monthly Salary of $3,903 to $5,005; Reclassification of One-half Time Acquisition Secretary to Full-time Real Property Assistant and Assign Salary Range of Step 224 to 249 with Corresponding Monthly Salary of$2,621 to $3,362; Approval of Revised Position Classification and Compensation Plan; Authorization of Second Planning Technician Position; Approval to Transfer Resource Management Specialist Position from Planning Program to Operations Program; Authorization for Staff to Contract with Executive Search firm Shannon, Davis Meeting 97-11 Page 3 & Associates to Assist with the Filling of the Administrative Services Manager Position at a Cost Not to Exceed $20,000; Authorization to Transfer $78,050 from the Planning Program Salaries and Benefits Budget to the Administration Program Budget; Authorization to Transfer $51,950 from the Planning Program Salaries and Benefits Budget to the Operations Program Budget; and an Increase of$44,950 to the Planning Program Salaries and Benefits Budget -- C. Britton *** 9. Approval of Revisions to the Personnel Policies and Procedures Manual Including Changes to Salary and Benefits for Office, Supervisory, and Management Staff; Employee Disability/Family Care Leave/Reimbursement for Professional Dues and Memberships -- D. Dolan (8:35) 10. Approval of 1996-1997 Salary Adjustment and Meritorious Pay Award and Amendment to General Manager's Employment Agreement -- M. Davey Resolution Approving 1996-1997 Salary Adjustment and Meritorious Pay Award for the General Manager and Approving Amendment to General Manager's Employment Agreement (8:40) 11. Approval of 1996-1997 Meritorious Pay Award and Amendment to District Legal Counsel's Employment Agreement -- M. Davey Resolution Approving Meritorious Pay Award for the District Legal Counsel and Approving Amendment to District Legal Counsel's Employment Agreement *** 12. Amendment to Real Property Acquisition Agreement and Grant of Easement to the Town of Portola Valley for Repairs to Alpine Road (Windy Hill Open Space Preserve) -- M. Williams Resolution Approving and Authorizing Acceptance of an Amendment to Real Property Acquisition Agreement Dated February 12, 1997, Authorizing the President of the Board or Other Appropriate Officer to Execute a Revised Easement Deed to Town of Portola Valley and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing the Transaction (Windy Hill Open Space Preserve - Town of Portola Valley) *** 13. Denial of Damage Claim Filed by Mr. Eric Diesel -- S. Schectman *** 14. Adoption of Notice of Contract Completion and Acceptance of Work for the Skyline Field Office -- M. de Beauvieres *** 15. Adoption of an Amendment to the Preliminary Use and Management Plan for La Honda Creek Open Space Preserve to Change the Use of an Existing Mobile Home from a Caretaker Residence to an Employee Residence and the Associated Out Buildings to District Storage -- J. Escobar Meeting 97-11 Page 4 (8:45) 16. Cancellation of May 14 Meeting -- C. Britton (8:50) INFORMATIONAL REPORTS -- Directors and Staff *** REVISED CLAIMS (Consent Item) CLOSED SESSION - (Continued) Agenda Item No.: 2. Public Employment - Government Code Section 54957 Public Employee Performance Evaluation - District Controller 3. Conference with Labor Negotiator Agency Negotiators: Pete Siemens, Nonette Hanko, Mary Davey Unrepresented Employee: Mike Foster, District Controller 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 of the Consent Calendar. r# RESPONSE ACTION PROPOSED BY STAFF • Board President Acknowledge/Respond Director Acknowledge/Respond Staff Acknowledge/Respond April 9 , 1997 Draft Response Attached Staff to be Directed to Prepare Draft Response for Board Coasideraclon par Board Directives) No Response Necessary Board of Directors Midpenninsula Regional Open Space District 330 Distel Circle Los Altos , CA. 94022 SUBJECT: Refusal to abate nuisance / Woods road trail Dear Board of Directors , I have brought the matter of this trail running through private property in the Mt . Umunhum area to your attention back on January 22 , 1997 . I believe you are the creator and sustainer of a nuisance and has had complete control over this harm producing activity and have been free to abate it at any time . I further believe this shows a "wilful and wanton" disregard for my and others quiet and peaceable enjoyment of private property. The Midpenninsula Regional Open Space District neither has trail easements or a license to allow this invasion of possessory interests . I believe you are also Negligent in publishing a damaging article in the San Jose Mercury News showing a man with a large illegal knife and the caption "LET THE CLIMB BEGIN" . Since this publication there have been three houses burned down due to arson. The District is not even complying with its 'own policies and regulations (good neighbor policy, trail regulations etc) . You must remember that MROSD worked "closely" with County park staff and their consultants on the Trails Master Plan and that you found in "seamless" and gave it full endorsement in your letter "H" in the Draft Environmental Impact Report . Both County Parks and MROSD are negligent in implementing the Woods Road Trail including denying me ingress/egress on this private road and the negligent construction of a gate at Hicks/Woods road. Sincerely, Richard Bourke PO Box 7207 Richard J . Bourke San Jose , CA. 95150 ' n�C)-P_11 V�, RESPO SE ACTION PROPOSED BY STAtif# A Board President Acknowiedge/Respond Jobst Brandt, 07 :38 1 4/3/97 P, Letter to the Director Acknowledge/Respond From: Jobst Brandt <j brandt@hplabsz .hpl .hp . com> Staff Acknowledge/Respond Subject : Letter to the Board Dc Draft Response Attached To: mrosd@openspace .org Staff to be Directed to Prepare Draft Response for Board Consideration per Date : Thu, 03 Apr 1997 19 : 38 :47 PST Roa rd Directive(s) No Response Necessary 03 April 1997 MROSD Board members, In the letter I received, in response to my communication of last month, I find a rebuke for removing branches and fallen trees from Alpine Road, a county road, not an MROSD trail . I assume also that by not mentioning the petulance and ridicule I received from your ranger, that her approach is consistent with your policy, all flimsy excuses offered seem to imply that I should take this in stride . The suggestion that I ask the county road department for permission to clear debris from the road they abandoned, underscores the direction of your comments . Knowing that I successfully maintained the road for ten years when the county previously turned its back on Alpine Road, I find your comments so absurd that I am insulted. I gave this matter much thought before responding, and cannot reasonably reconcile your comments with the event . It strikes me as a bureaucratic dodge of the issue, and an approval of the circumstances as they occurred. I am concerned about the direction of MROSD' s interaction with public, having heard complaints from other people. This incident hit home . Jobst Brandt 351 Middlefield Rd. Palo Alto CA 94301 (415) 857 6608 bus (415) 323 1549 res <jbrandt@hpl . hp. com> Printed-Tor--Maicolm-Sm Regional Open .(" ee ------------------- 1 �11 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION Mr Jobst Brandt 351 Middlefield Rd. Palo Alto, Ca. 94301 Dear Mr Brandt: Thank you for your April 3, 1997 letter regarding maintenance of Alpine Road. At our Regular Meeting last night, the District's Board of Directors reviewed your comments. I can assure you that my March 26 letter was in no way intended as a "rebuke." I merely wished to state that your comments were addressed to the wrong agency and that maintenance of Alpine Road is the responsibility of San Mateo County. As stated in that letter, we found that the ranger involved acted appropriately. I'm sure that you understand that when we receive a report of an individual clearing vegetation on public land, it is of great concern. The District works hard to provide a high level of customer service, consistent with preserving the natural resources, and I hope that you will continue to use and enjoy the District's preserves. Sincerely, Mary C. Davey President, Board of Directors MD/LCB/gb cc: Board of Directors 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 •ONSR ACTION lROP03lD tT STAFF d Pres Ldent Acknevledge/tespoud Director Ackoovlsdge/Re-spood �• Staff Acknowledge/Respond Draft tespensa Attached Staff to be Directed to Prepare Draft From: Jody Lucas,Ed Stein Res poosa few Beard cans Lderat Len par 3oard DireecLva(s) re: Paragliding/Hang-gliding at Bald Mt. Ne tesPense Necessary to the Open Space District Board Of Directors Dear Board, we are sending this letter at the request of Mr Pete Siemens, who suggested after the meeting of october 9 1996 that we pursue the opening of Bald Mt. to Paragliding and Hang-gliding. To refresh your recollection, we have been Hang-gliding and Paragliding at Windy Hill for years without incident and with a flawless safety record. We are also received most enthusiastically by all the hikers and park personnel. For the last two years, we have been in contact with Mr. George Sipel, consultant for the MROSD, for the purpose of opening Bald mountain for flying. On April 4th 1996, Ed Stein and myself, met with George Sipel and another supervisor from the Open Space District. During the meeting, we proposed a "trial flying period" which seemed to be well received. Unfortunately, I was later told by Mr Sipel that the Open Space district could not proceed with the plan to fly at Bald Mt. due to "lack of enforcement personnel' in the area. We would appreciate if this item (allowing Paragliding and Hang-gliding at Bald Mt) could be added to your agenda for the upcoming meeting. We look forward to attend your meeting on April 9 1997 to answer any question or concern you may have. Jody Lucas, Ed Stein, Windy Hill Skyriders Inc. 4�5 -42_y-1G Z� i{770 51�2RNNE b? (Y; Q97 APR � 1V OPEN Sr Regional Open SOtce DRAFT RESPONSE `"`-- PREPARED BY STAFF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FOR BOARD CONSIDERATION Mr. Jody Lucas Mr. Ed Stein Windy Hill Skyriders, Inc. 4250 Suzanne Drive Palo Alto, CA 94306 Dear Mr. Lucas and Mr. Stein: Thank you for your recent letter regarding the possibility of hang-gliding and paragliding at Bald Mountain in the District's Sierra Azul Open Space Preserve. The Board reviewed your letter last night at its regular meeting. While the District is interested in trying to accommodate a variety of recreational uses for our constituents, there are a number of factors which we feel preclude hang-gliding and paragliding at Sierra Azul at this time. As a public agency, we are greatly concerned with allocating our limited resources in the best interest of our constituents, and in the most effective manner possible. Without decreasing patrols elsewhere, the District does not have an adequate staffing level that would allow us to reasonably monitor and maintain this additional use at Sierra Azul. And, since Sierra Azul is a "patchwork" of public land interspersed with a great number of private parcels, we are unaware of an adequate landing zone for your proposed activity. As you may know, each preserve undergoes a "use and management" (U & M) planning process. Currently no comprehensive U & M Plan exists for this preserve, in part due to the interspersed private land, as well as the continuing clean-up and potential structural demolition activities at Mt. Umunhum. We don't expect completion of a plan for at least several years. Further, it is our experience that once a public use pattern is established, significant redirection, if needed, is very problematic. Again, thank you for writing and we hope that you continue to use and enjoy Windy Hill for your hang-gliding and paragliding recreation. Sincerely, Mary C. Davey President, Board of Directors MCD/mcs cc: MROSD Board of Directors 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 Regional Open Sp e At A MIDPENINSULA REGIONAL OPEN SPACE DISTRICT April 23, 1997 Mr. Richard Bourke P. O. Box 7207 San Jose, CA 95150 Dear Mr. Bourke: This letter is in response to your two recent requests for public information, dated April 9, 1997. Request #005-1: request for "Biological Assessment - Woods Road Trail." No such document exists. Request #005-2: Cost of appraisal, 284-acre Russian Orthodox Church property. The contract for appraisal services if for the amount of$7,500. For additional services, the appraiser will be paid at the rate of$175.00 per hour. Request #006-1: Copies of last two JPA meeting minutes/agendas (MROSD Financing Authority) Attached are the agenda, summary, and minutes of the June 26, 1996 meeting of the Midpeninsula Regional Open Space District Financing Authority (only one meeting of this joint powers authority has been held). Request #006-2: Place Mr. Bourke on the mailing list to receive agendas for the MROSD Financing Authority. The mailing list for the MROSD Board of Directors regular meetings is also used for the Financing Authority, therefore you are already on that list as requested. Sincerely, Malcolm Smith Acting District Clerk MS/sds cc: MROSD Board of Directors Sue Schectman, Esq. 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 4R1 quest # O4/ p. Richard Bourke PO Box 7207 San Jose , CA. 95150 Midpenninsula Regional Open Space 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: L L --- ----------------------------- ------------------- ----------------------------------------- Signature of Requestor : Z �(/L 7 Request # Richard Bourke PO Box 7207 San Jose , CA. 95150 IJ is n 4 Midpenninsula Regional Open Space 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 ct . Information Requested: Date Requested: L ` -�z ---------------------------------------------------------------------- -_-- -- C ---/ -vT Eef 54 Tw S� y��rzf�V J j'll -------------------------------------- -- ---- - ------------- FIAT 11 )ClAG-_ ----- ---------------------------------------------------------------------- ---------------- ---- --- --- ------ -- ---------- --- - _ rn---- � 6 - Aq-Z- " ---� n_______---_ ------------Tl jla61- * A 4 /ham _ �---------- r------------ ----- -- - - ---- ---------------------------------- --- ----------------------_- ----------------------------------- ------------------------------------------------------ --------------b q 1 �� lg� Si nature of Re uestor Regional Open .)ace A- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 96-01 NM SULA RE IONAL OPEN SPACE D STRICT FINAN—ING AUTHORITY SPECIAL SIN G, GOVERNING BOARD AGENDA* 8:50 P.M. 330 Distel Circle Wednesday Los Altos, California June 26, 1996 (8:50) ROLL CALL •NEW BUSINESS 1. Adoption of Administrative Procedural items, Including By-Laws, Confirming Officers, and Adopting Conflict of Interest-Code; Issuance of Up to $30.2 Million of Midpeninsula Regional Open Space District Financing Authority 1996 Revenue Bonds; Authorization for Executive Director to Execute Underwriting Agreement with Stone & Youngberg LLC; and Approval of Agreement for Bond Counsel Services with Orrick, Herrington & Sutcliffe -- M. Foster Resolution Adopting the By-Laws of the Authority; Confirming the Officers of the Authority; Retaining Counsel for the Authority; and Adopting Conflict of Interest Code Resolution of the Midpeninsula Regional Open Space District Financing Authority Authorizing the Issuance, Sale and Delivery of Not to Exceed $30,200,000 Midpeninsula Regional Open Space District Financing Authority 1996 Revenue Bonds, and Authorizing the ,Execution and Delivery of a Site Lease and a Project Lease and a Local Obligation Purchase Contract and a Trust Agreement in Connection Therewith and Authorizing the Execution and Delivery of an Official Statement and a Purchase Contract and a Continuing Disclosure Certificate Relating to Such Bonds and Taking Certain Other Actions in Connection Therewith MATTERS NOT APPEARING ON THE AGENDA-The Chair will invite public comment on items not appearing on the agenda. ADJOURNMENT *NOTE.• Tunes are estimated and items may be considered earlier or later than listed. Agenda is subject to change of order. 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 • E-mail:mrosdOnetcom-com 0 Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit General manager:L.Craig Britton Regional Open Spa* MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 96-01 NMEENINSULA REGIONAL OPEN SPACE DTRrMTCT FVILT A WTO-4 AUTHORITY - SUMMARY OF JUNE 26, 1996 SPECIAL MEETING Adoption of Administrative Procedural Items.Including By-Laws, Confirming Officers d Adopting Conflict of Interest Code: Issuance of Up to $30.2 Million of Midpeninsula Regional QWn Space District Financing Authority 1996 Revenue Bonds: Authorization for Executive Director to Execute Underwriting Agreement with Stone & Youngberg LLC* and Approval of Agreement for BondCounsel Services with Orrick. Herrington & Sutcliffe (R=rt 96-01) - The Governing Board adopted Resolution 96-01 adopting the By-Laws of the Authority; Confirming the Officers of the Authority; Retaining Counsel for the Authority; and Adopting Conflict of Interest Code and Resolution 96-02 Authorized the Issuance, Sale and Delivery of Not to Exceed $30,200,000 Midpeninsula Regional Open Space District Financing Authority 1996 Revenue Bonds, and Authorized the Execution and Delivery of a Site Lease and a Project Lease and a Local Obligation Purchase Contract and a Trust Agreement in Connection Therewith and Authorized the Execution and Delivery of an Official Statement and a Purchase Contract and a Continued Disclosure Certificate Related to Such Bonds and Taking Certain Other Actions in Connection Therewith. Jean H. Fiddes Secretary Midpeninsula Regional Open Space District Funding Authority 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:415-691-1200 e FAX:415-691-0485 , E-mail:mrosd@netcom.com e Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wirrtde Wit General Manager:L.Craig Britton Meeting 96-01 MWPENINSULA REGIONAL OPEN SPACE DISTRICT FINANCING AUHTORM SPECIAL MEETING GOVERNING BOARD JUNE 26, 1996 MINUTES I. ROLL CALL N. Hanko called the first meeting of the Midpeninsula, Regional Open Space District Financing Authority was called to order at 10:14 P.M. Members Present: Directors Nonette Hanko, Mary Davey, David Smernoff, and Teena Henshaw. Member Absent: Santa Clara County Supervisor Dianne McKenna. Staff Present: Craig Britton, Sue Schectman, Michael Foster, and lean Fiddes. 111, NEW BUSINESS A. Adoption of Administrative Procedural Items, Including By-Laws, Confirming Officers and Adopting Conflict of Interest Codes Issuance of lb to $30.2 Million of Midge,ninsual. Regional Open Space District Fiancing Authority 1996 Rm&= Bends; Authorization for Exceutive Director to Excecute Underwriting Agreement with Stone & Youngberg LLC: and A e prroval of Agreement for Bond Counsel Services with Orrick. Herrinaton & Sutcliffe (R-96-01) Motion: T. Henshaw moved the adoption of Resolution 96-01, a Resolution of the Midpeninsula Regional Open Space District Fiancing Authority Adopting the By-Laws of the Authority; Confirming the Officers of the Authority; Retaining Counsel for the Authority; and Adopting a Conflict of Interest Code. D. Smernoff seconded the motion. Discussion: N. Hanko questioned and received clarification on the role of Legal Counsel, Treasurer, and Controller. P. Siemens recommended that District letterhead that lists the District directors not be used for Authority correspondence. The motion to adopt Resolution 96-01 passed 4 to 0. N. Hanko requested that the term chairman in the documents be changed to chairperson and that he/his references also includes she/her. Motion; T. Henshaw moved the adoption of Resolution 96-02, a Resolution of the Midpeninsula Regional Open Space District Financing Authority Authorizing the Issuance, Sale and Delivery of Not to Exceed $30,200,000 Midpeninsula Regional Open Space District Financing Authority 1996 Revuenue Bonds, and Authorizing the Execution and Delivery of a Site Lease and a Project Lease with a Local Obligation Purchase Contract and a Trust Agreement in Connection therewith and Authororizing the Execution and Delivery of an Official Statement and Purtchase Contract and a Continuing Disclosure Certificate Relating to Such Bonds and Taking Certain Other Actions in Connection Therewith. M. Davey seconded the motion. The motion to adopt Resolution 96-02 passed 4 to 0. Motion: T. Henshaw moved the Authority's Executive Director be authorized to execute the Underwriting Agreement with Stone & Youngberg LLC of San Francisco. M. Davey seconded the motion. The motion passed 4 to 0. Motion: M. Davey moved that the Authority's Chairperson be authorized to execute the Agreement for Bond Counsel Services with Orrick, Herrrington & Sutcliffe of San Francisco. T. Henshaw seconded the motion. The motion passed 4 to 0. M. MATTERS NOT APPEARING ON THE AGENDA None. IV, ADJOURNNMW The meeting of the Midpeninsula Regional Open Space District Financing Authority was adjourned at 10:27 P.M. Jean H. Fiddes Secretary Regional Open *ce R-97-74 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-11 April 23, 1997 AGENDA ITEM Proposed Budget for District Research of Possible Methods of Preserving Open Space on the San Mateo Coast Including Potentially Establishing a System of Open Space Preserves, Parks and Beaches on the San Mateo County Coast in Coordination with Existing and Alanned District Preserves and Trails GENERAL MANAGER'S RECOMMENDATION "1 Approve a budget not to exceed$25,000 for District out-of-pocr)enseso research possible methods of preserving open space on the San Mateo coast including potentially establishing a system of open space preserves,parks and beaches on the San Mateo County Coast in coordination with existing and planned District preserves and trails. DISCUSSION At your meeting of April 9, 1997,you authorized staff to investigate and report to the Board on potential methods for preserving open space on the San Mateo County coast(see report R-97-63). At the same time you requested that staff return to you as soon as possible with a proposed budget for the project. Staff proposes to research the feasibility of potentially establishing a system of open space preserves,parks and beaches on the San Mateo County coast in coordination with existing and planned District preserves and trails. Methods may include extension of the District's current open space preserve system as well as establishing an overall system of beaches, parks and open space on the coast, and how these night interconnect with existing and planned District preserves and trails. The estimated costs of the initial research are as follows: 1. Statistical telephone polling of existing District constituents, and residents of the balance of San Mateo County,to determine public attitudes about interests and priorities for establishing, or expanding, coastside open space preserves and associated matters; estimated cost of $15,000. 2. Mapping, analysis of property ownership,values, etc.; estimated cost of$5,000. 3. Miscellaneous costs (such as photography,telephone,travel, printing,meeting space rental, advertising, etc.); estimated cost of$5,000. Total estimated cost: $25,000. It should be noted that this budget is for out-of-pocket costs only, as staff time and effort will also be required,but will be absorbed on a normal business activity basis and integrated with other District assignments as time permits. Of course,Board members' time will not be compensated by the District, as you have already determined. Prepared by: L. Craig Britton, General Manager Contact: 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 egional Open ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-97-76 Meeting 97-11 April 23, 1997 AGENDA ITEM Reconsideration of Inclusion of Goat Grazing in the District's Grassland Management Plan DIRECTOR SMERNOFF'S RECOMMENDATION Include the goat grazing element in the District's grassland management plan for the Russian Ridge Open Space Preserve. DISCUSSION At your March 26, 1997 meeting you voted to exclude the study of goat grazing as part of the Russian Ridge Grassland Management Plan (see report R-97-43). I have asked this item to be agendized again to further discuss this element and present to the Board additional information that should be taken into consideration in making this decision. In accordance with Robert's Rules of Order, Director Nitz, who originally voted with the Board majority against this item, has agreed to the reconsideration. Attached is the April 4, 1997 memo I prepared that provides additional reasoning for inclusion of goat grazing in this plan. Your discussion and consideration would be appreciated. Prepared by: D. Smernoff, Director, Ward 4 Contact person: Same as above 330 Distel Circle I Los Altos, CA 94022-1404 * Phone:415-691-1200 FAX:415-691-04851 E-mail: mrosdaopenspace.org * Web site:www.openspace.org Board of Directors fete Sicnwns,Mary C Davey,ted Cyr, David T.Smernoff, Nonette Fianko, Betsy Crowder, Kenneth C. Nitz° General Manager:L.Craig Britton Regional Open Sf- -e di --------------- �MIDPENINSIJLA REGIONAL OPEN SPACE DISTRICT Memorandum 04 April 1997 To: Craig Britton From: David Smernoff RE: Goat Grazing - Russian Ridge Grassland Management Plan At the March 26, 1997 meeting (97-08) the Board voted 4-3 to exclude the study of goat grazing as part of the Russian Ridge Grassland Management Plan (R- 97-43). 1 would like to re-agendize this issue at the April 23rd meeting in order to provide another opportunity for the, Board to evaluate goat grazing as part of the grassland management plan. I feel very strongly that goat grazing should be included in this study for the following reasons. I Exclusion of goat grazing based solely on anticipated costs is not an appropriate approach to the study and evaluation of resource management options. Cost is only one criteria in establishing the relative effectiveness of the proposed management alternatives. The interplay between ecological, climatological, topological and implementation (including cost) concerns all must be evaluated to determine which management strategies will allow the District to achieve our grassland management objectives. Goat grazing may in fact be the best option from an ecological standpoint because the timing can be controlled precisely, a critical factor in yellow star thistle (YST) management. Burn timing, by contrast, can never be controlled precisely and may increase YST density if the timing is not correct. The need for spring treatments and repeat treatments make burning a highly uncertain management strategy, and one which may require alternate strategies if burns are not possible. Goat grazing could in fact be the alternative in many of these cases. Hand weeding, mowing and directed herbicide spraying all require human- intensive efforts, which if figured into long-term costs (even with volunteer labor) may be as expensive as goat grazing (see Moll and Christensen letter of 3/24/97). Considering the extent of YST infestations on District land, grazing may be the only practical solution for large areas and for steep, rocky or otherwise inaccessible areas. Less expensive grazing arrangements may also be possible to negotiate should grazing prove to be an effective management option. Ultimately it becomes a question of how rigorous we want our grassland management assessment to be. I believe that if we are going to do a study we 330 Distel Circle o Los Altos,CA 94022-1404 9 Phone:415-691-1200 * FAX:415-691-0485 9 E-mail:mrosd@netcom.com 19 Board of Directors:Pete Siemens,Mary C.Davey,Teeoa-WewAaw.David T.Smernoff,Nonette Hanko,Betsy Crowder,-V*rm-deJA4- ken Pq a General manager:L.Craig Britton 7r4t.A CL(I— should evaluate all the available options in an unbiased manner. This is the only way we can honestly evaluate which options are suitable for long-term management of YST and other invasive exotics. It is also quite difficult to compare results from studies done elsewhere, or at the same site but in different years. It makes good scientific sense to look at all the options within the same study. To be fair, we are already excluding integrated pest management options (a YST specific insect is being studied in California), but this is an entirely different management approach requiring a much longer study period. The incremental cost of including goat grazing in the study is small. The argument that the Board did not approve the additional cost during the budget evaluation, prior to seeing the report on grassland management, points to a process-level problem which may need to be addressed as a separate issue. Put simply, we have a small number of arrows in our quiver. We are going to need to understand how to fire them all if we are going to control the spread of exotic invasives on public open space. Let's spend the money to do the study right, and then decide how to proceed. If the District chooses to exclude grazing from the analysis I will be hesitant to support any scientific publication of the results, nor will I be amenable to supporting other management options.based on the results of a biased study. cc: Board of Directors Jodi Isaacs Regional Open Sp.,-e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT INTER-OFFICE MEMORANDUM April 17, 1997 TO: Board of Directors FROM: C. Britton, General Manager SUBJECT: Goat Grazing at Russian Ridge Open Space Preserve At your meeting of April 9, 1997, and in accordance with Staff's recommendation, there was not support for goat grazing as a part of the grassland implementation study at Russian Ridge. This matter is being reconsidered at your meeting of April 23, 1997. From the comments expressed it seems there may be a different interpretation of what Staff hopes to accomplish with this implementation project. The project is not a scientific study to assess the effectiveness of management methods on the control of Yellow Starthistle (YST). It is, however, a study to determine which methods the District can most effectively sustain over the long-term for grasslands District-wide, given a limited budget. The overall assessment of grassland management for the District will include an analysis of all methods including goat grazing and biological control. Specifically, the implementation project conducted by Paul Kephart will address the indirect costs of methods which may eventually be conducted by District Staff and volunteers. Separately, the direct costs of goat grazing and biological control will be assessed by exploring less expensive options, such as different lease arrangements with goat grazers or possibly using goats to simultaneously manage YST while making fuel breaks at prescribed bum sites. All of the methods, including goat grazing, have proven to be successful at controlling YST. They differ in costs, labor, and their practicality in a given environmental and organizational setting. Goat grazing for example has the practical benefits of controlled timing and access of steep, rocky areas, but there are also disadvantages, such as staff time to regulate the operation and the need to provide water and protection for goats. Therefore, the decision that remains is not which method is effective for YST control but how the District should spend limited financial revenues. Staff feels that the demonstration of goat grazing at Russian Ridge will only duplicate actions of those carried out by other agencies and researchers (see below for a listing of people currently studying YST control). For example, the District could benefit from the results of a comparative study on methods to control YST currently being conducted by East Bay Regional Park District(EBRPD). There is concern regarding site variability between EBRPD and District lands but site variability also exists between Russian Ridge 3:30 [piste) Circle * Los Altos, CA 94022-1404 Phone:41-5-691-1200 FAX:415-691-0485 0 E-mail: t-nrosd@operispace.org Web site:www.ol)enspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr, David T.Smernoff, Nonette Kinko, Betsy Crovvder,Kenneth C. Nitz , Geneml Ivi,mager:L Craig Britton and other District grassland sites. At this time Staff feels the most economical solution for the District would be to use the results of other studies to assess the cost effectiveness of goat grazing (and biological control) while actively implementing the methods which the District might be able to continue for the long-term. Again, the primary issue is not to determine how effective goat grazing is on YST control, but to decide which grassland management methods are viable for District use over the long-term. To fully address grassland management and YST control, Staff recommends that the District proceed with the implementation project stated in Report 97-43, work with other local agencies to determine economical alternatives to grazing management on public open space lands, and continue biological control efforts with Santa Clara Agriculture Department at Fremont Older Open Space Preserve. The combined results of these efforts should enable the District to make a reasonable decision on long-term grassland management practices District-wide. Prepared by: J. Isaacs, Resource Management Specialist People studying Yellow Starthistle Control Methods Craig D. Thomsen (goat and cattle grazing, seed competition, mowing) Department of Agronomy and Range Science University of California Davis Marla S. Hastings (prescribed burning, herbicide, mowing) Regional Biologist California State Parks- Silverado District Joseph M. DiTomaso (herbicide, prescribed burning, mowing) Weed Science Program University of California Davis Micheal Pitcairn (biological control) Biological Control Program California Department of Food and Agriculture Eric Wyld (biological control) Biological Control Program Santa Clara Department of Agriculture Ken Burger/ Nancy Brownfield (goat grazing, mowing, prescribed burning, herbicide) Land Management Division/ Integrated Pest Management Specialist East Bay Regional Park District 3 Don Rocha (cattle grazing, mowing, seed increase and restoration, herbicide) Resource Management Assistant Santa Clara County Parks - Grant Park Mark Strongberg (mowing, cattle grazing, seed increase and restoration) Land Manager U.C. Natural Reserve Paul Kephart (goat grazing, mowing, herbicide, prescribed burn, seed increase and restoration) Manager Rana Creek Ranch Dr. Brie McGrew(goat grazing) President Ecosystems Concepts, Inc. Bob Nuzurn/ Steve Arbors (goat grazing, mowing) Resource Manager East Bay Municipal Utility District Regional Open S ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Memorandum 04 April 1997 '7 To: Craig Britton �` (. From: David Smernoff RE: Goat Grazing - Russian Ridge Grassland Management Plan At the March 26, 1997 meeting (97-08) the Board voted 4-3 to exclude the study of goat grazing as part of the Russian Ridge Grassland Management Plan (R- 97-43). 1 would like to re-agendize this issue at the April 23rd meeting in order to provide another opportunity for the Board to evaluate goat grazing as part of the grassland management plan. I feel very strongly that goat grazing should be included in this study for the following reasons. I Exclusion of goat grazing based solely on anticipated costs is not an appropriate approach to the study and evaluation of resource management options. Cost is only one criteria in establishing the relative effectiveness of the proposed management alternatives. The interplay between ecological, climatological, topological and implementation (including cost) concerns all must be evaluated to determine which management strategies will allow the District to achieve our grassland management objectives. Goat grazing may in fact be the best option from an ecological standpoint because the timing can be controlled precisely, a critical factor in yellow star thistle (YST) management. Burn timing, by contrast, can never be controlled precisely and may increase YST density if the timing is not correct. The need for spring treatments and repeat treatments make burning a highly uncertain management strategy, and one which may require alternate strategies if burns are not possible. Goat grazing could in fact be the alternative in many of these cases. Hand weeding, mowing and directed herbicide spraying all require human- intensive efforts, which if figured into long-term costs (even with volunteer labor) may be as expensive as goat grazing (see Moll and Christensen letter of 3/24/97). Considering the extent of YST infestations on District land, grazing may be the only practical solution for large areas and for steep, rocky or otherwise inaccessible areas. Less expensive grazing arrangements may also be possible to negotiate should grazing prove to be an effective management option. Ultimately it becomes a question of how rigorous we want our grassland management assessment to be. I believe that if we are going to do a study we 330 Distel Circle • Los Altos,CA 94022-1404 e Phone:415-691-1200 • FAX:415-691-0485 • E-mail: mrosd@netcorn.com 0 Board of Directors:Pete Siemens,Mary C.Davey, David T.Smernoff,Nonette Hanko,Betsy Crowder, ke I(NJ General Manager:L.Craig Britton should evaluate all the available options in an unbiased manner. This is the only way we can honestly evaluate which options are suitable for long-term management of YST and other invasive exotics. It is also quite difficult to compare results from studies done elsewhere, or at the same site but in different years. It makes good scientific sense to look at all the options within the same study. To be fair, we are already excluding integrated pest management options (a YST specific insect is being studied in California), but this is an entirely different management approach requiring a much longer study period. The incremental cost of including goat grazing in the study is small. The argument that the Board did not approve the additional cost during the budget evaluation, prior to seeing the report on grassland management, points to a process-level problem which may need to be addressed as a separate issue. Put simply, we have a small number of arrows in our quiver. We are going to need to understand how to fire them all if we are going to control the spread of exotic invasives on public open space. Let's spend the money to do the study right, and then decide how to proceed. If the District chooses to exclude grazing from the analysis I will be hesitant to support any scientific publication of the results, nor will I be amenable to supporting other management options.based on the results of a biased study. cc: Board of Directors Jodi Isaacs Regional Open ice R-97-78 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-11 April 23, 1997 AGENDA ITEM Authorization to Retain Jakaby Engineering for Annual District Engineering Services in an Amount Not to Exceed $100,000 for Fiscal Year 1997-199. GENERAL MANAGER'S RECOMMENDATION Authorize the General Manager to execute a contract with Jakaby Engineering to provide services on selected budgeted capital improvement projects during the 1997-1998 fiscal year. DISCUSSION At your March 12, 1997 Regular Meeting you authorized staff to interview prospective consultant firms to provide civil engineering services on selected projects on an annual contract basis (see report R-97-37). Qualifications were solicited from six local engineering firms and qualification submittals were received from three firms. Staff interviewed the three firms and is recommending that the contract be awarded to Jakaby Engineering of San Jose. Jakaby Engineering is a sole proprietorship owned by Thomas Jakaby, who is a Civil Engineer specializing in structures. Jakaby has done several parking lot and structural projects for the District previously, and is currently under contract to prepare design for bridge replacement at La Honda Creek Open Space Preserve. The anticipated fees for these services during the current fiscal year are estimated at up to $100,000; however, there would be no guarantee to the consultant as to the total amount of services that will be authorized. Approval of specific projects or services will be in accordance with current policies and procedures, including project/contract authorization by the General Manager or the Board of Directors, depending on the scope of services and costs. Selection criteria for this contract were: 1) demonstrated experience with projects similar to those the District typically undertakes; 2) experience with conditions, agencies, and contractors in the San Francisco Peninsula Region, and particularly in mountainous rural areas; 3) ability to provide personnel with qualifications and charge rates suited to the range of project requirements; and 4) ability to be flexible and responsive in providing the necessary assistance in a timely manner. Prepared by: Randy Anderson, Senior Planner 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 Regional Open .` ace R-97-64 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-11 April 23, 1997 A T NDA ITEM Authorization to Amend Contract with HMC for Consulting Services on Improvements to Foothills Shop Building at Rancho San Antonio Ope pace Preserve GENERAL. MANAGER'S RECOMMENDATION r Authorize the General Manager to execute an amendment to the contract with HMC in an amount not to exceed $9,560 to provide planning and architectural services on improvements to the Foothills shop building. DISCUSSION The Foothills shop building is a 2,500 square foot steel frame and corrugated metal structure attached to the new field office at Rancho San Antonio Open Space Preserve. The building is believed to have been constructed in the 1950s and was used for many years as a maintenance facility for a construction company. Since the acquisition of the preserve in 1975, the building has served as a shop building for the District's field operations and, until recently, a small field office was also located within the structure. In 1991, staff conducted structural assessments of the shop building in conjunction with planning efforts to expand field office space. The structure was found to be substandard in terms of diaphragm integrity and connections between framing and roofing materials. One assessment suggested the building could suffer major damage in a strong earthquake or windstorm and should be strengthened by adding shear walls and steel bracing. Staff concluded the building should not be used for future office space but would be upgraded for continued use as a shop, following the construction of a new field office building. Engineering studies for upgrading the shop building got underway early in 1995 when Boley Consulting Engineers prepared preliminary engineering plans to reinforce the existing building by adding plywood shear walls, steel rods, and hold-downs. Based on this initial engineering effort, planning and field staff began looking at possible architectural changes that could provide for a more functional and less visually obtrusive shop building. A number of changes were proposed to provide additional workspace and integrate the structure with the attached office building. In October, 1995 staff contracted with HMC to prepare plans for architectural improvements to the shop building. HMC is an architectural firm specializing in providing planning and design services for public buildings. The scope of the project included such things as increasing window space in the tool room, creating a new service bay with exterior door, new siding to match the adjacent field office building, replacing the metal roof, removal of interior 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-97-64 Page 2 walls, replacement of windows and doors, and insulation in roof and walls. The cost associated with the initial contract and subsequent minor amendments with HMC was limited to $8,577, which was spent during the past two fiscal years. The final step necessary to complete the plans and specifications is to prepare plans to remove and replace mechanical and electrical equipment that is attached to the exterior of the building. HMC informed staff that the original scope of the project did not provide for these services because it had not been certain whether or not the District would want to consider integrating the maze of electrical and mechanical conduits and devices into the interior walls. The architect is recommending these elements not be placed back on top of the new siding because they will prevent the shop building from blending into the attached office building. Staff has agreed that now is the appropriate time to integrate the conduits and devices inside the structure. The proposed amendment to the HMC contract is to provide the necessary services to complete the plans and specifications, and assist the District in obtaining building permits. Compensation for these services is based on a fixed-fee basis not to exceed $9,560. The project is in the 1997-1998 planning work program and $120,000 is included in the current budget. This amendment will bring the total amount of the HMC contract to $18,137. The plans and specifications will be completed in early May, 1997 and the project is expected to get underway in August. CEQ,A COMPLIANCE The action described in this report does not constitute a project under CEQA. The action consists of remodeling an existing structure and improving its structural integrity. The overall appearance of the structure and its use will not change. Prepared by: Del Woods, Senior Planner Contact person: Mary de Beauvieres, Open Space Planner AML P Q K CE TRANSMITTAL MAR 2 8 1997 To: Del Woods Date: March 28, 1997 MROSD 330 Distel Circle HMC Job No.: 0001002 Los Altos, CA 94022-1404 Sent Via: ■ U.S. Mail ❑ UPS/Airborne ❑ Hand Carry ■ Fax: No. of Pages: 3 ❑ Other: Action Requested: RE: San Antonio Ranger Station Remodel ❑ Approval ❑ Comment ❑ FYI Only ❑ Other: Fax Number: Copies Number Description HMC 3 2 pgs. Amendment #4 for services Architecture Planning Interior Design 013 rn i Or Remarks: Fax: For your review. Any questions, call Peter Saitta. We will be mailing 3 originals for your signature. j Please return 2 of the signed amendments back to HMC. `W Thank you. 4 a Ontari�, Oj Reno Sacramento San Diego Sent By: Karen Okamoto San Jose cc: Chris Gombatz, Peter Saitta File- C&L, CN 1570 The Alameda, Suite 330 San Jose, CA 95126-2305 Tel: 408.977.9160 Fax: 408.977.9170 March 28, 1997 Mr. Del Woods Midpeninsula Open Space District 330 Distel Circle HMC Los Altos, CA 94022-1404 Re: Amendment No. 4 to Provide Midpeninsula Open Space District with Additional Architectural/Engineering Services for the Rancho San Antonio Ranger Station Architecture Planning Dear D211: Interior Design The following is a breakdown of the additional work which we have identified as a requirement for completing the above project: 1. Identify existing electrical and mechanical components which will interfere with the replacement of the siding and roof, and other specified work. Contract with Electrical and Mechanical Engineers to prepare drawings and specifications for the removal, reinstallation, or modification and upgrading of electrical and mechanical components as required. Coordinate the work of the Electrical and Mechanical Engineers with the work of other consultants and the Architectural work. 2. Coordinate as required with the Structural Engineer, who has contracted separately with MROSD, in preparation for submission of drawings, to include Structural Drawings, to permitting agencies. Coordinate work of Structural Engineer with any new requirements identified by the Mechanical and Electrical Engineers. 3. Assist MROSD in securing required permits from permitting agencies, including issues to be coordinated with Mechanical and Electrical Engineers. Fees: Rancho San Antonio Principal Project Project Inter, Draft. Clerical Ranger Station Total Director Coord. Draft. HMC Hourly Rates $ 125 $ 100 $ 65 $ 60 $ 40 $40 HMC Hours 96 0 12 0 0 80 4 HMC Fee $1 $0 $1,200 $0 $0 $3,200 $160 Sub Total $4,560 Electrical Engineer: MTH $2,625 Mechanical Engineer: VOA $1,920 Engineers Fees x 1.10 $5,000 Total Fee $9,560 Ontario Sacramento Please call if you have any questions. San Diego San lose Sincerely, HMC IaL 1570 The Alameda Peter Saitta, AIA 30 Vice President Suite San Jose cc: Lee Salin, Accounting, File CN1 California is projects\g001002\manage\a m nd4a lt.doc 95126-2305 Tel:408.977.9160 Fax:408.977.9170 HMC Amendment No. 4 Date: March 28, 1997 Project: Midpeninsula Regional Open Space District Rancho San Antonio Ranger Station Remodel HMC #G001002 AMENDMENT NO. 4 TO OWNER/ARCHITECT AGREEMENT That certain Owner/Architect Agreement (Agreement) dated March 5, 1996, by and between Midpeninsula Regional Open Space District (Owner) and HMC GROUP (Architect), with respect to providing Architectural and Engineering Services for the construction or renovation of "Miscellaneous Projects" for Rancho San Antonio Ranger Station is hereby amended, modified, and revised as follows: Project Name: Rancho San Antonio Ranger Station Remodel Location: Los Altos, California Scope of Work: Reference Items 1 through 3 on attached proposal dated March 28, 1997. Architect's Project No.: 0001002 Architect's Compensation for Fixed Fee basis not-to-exceed nine thousand five additional services: hundred sixty dollars ($9,560.00), without prior written approval. HMC Group Midpeninsula Regional Open Space Dist. 15070 The Alameda, Ste. 330 330 Distel Circle San Jose, CA 95126 Los Altos, CA 94022-1404 13y 7, .76-e) sy Peter Saitta, AIA (Date) Del E. Woods (Date) Vice President Sr. MROSD Open Space Planner cc: Lee Salin Accounting File-CN1 is projects\g001002\manage\arnend4a.doc 1570 The Alameda,Suite 330,San Jose,CA 95126 408/977-9160 FAX 977-9170 Regional Open ; 3ce R-97-69 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-11 April 23, 1997 AGENDA ITEM Tentative Adoption of an Amendment to the Use and Management Plan for Monte Bello Open Space Preserve GENERAL MANAGER'S RECOMMENDAn 1. Determine that the proposed project is categorically exempt from the California Environmental Quality Act (CEQA) based on the findings contained in this report. 2. Tentatively adopt an amendment to the Use and Management Plan for Monte Bello Open Space Preserve to allow reconstruction of the Old Ranch Trail and to designate the trail as a multi-use trail. DISCUSSION In preparing the Planning Department Work Program for Fiscal Year 1997-1998, planning staff met with field staff to solicit ideas on necessary projects which should be incorporated into the Work Program. One of the projects identified was the realignment of the steep sections of the Old Ranch Trail on Monte Bello Open Space Preserve (see attached map). The trail parallels Monte Bello Road between the backpack camp and the gated entry to the preserve near the City of Palo Alto water tank at the western boundary of the preserve. By realigning the trail segments and tying the trail back into Monte Bello Road near the water tank, the very steep disc line which is visible from Page Mill Road can be closed to trail use. This problem route is being used primarily by mountain bicyclists. Due to its steepness, use as a trail creates an erosion problem. In addition, it is not linked to any other trails on the preserve, causing visitors who use this route to create additional unauthorized trails. The trail realignment project was not included on the current work program, primarily due to staff and budget constraints. However, it was included in a list of upcoming projects. Staff now has an opportunity to complete the realignment using the volunteer services of Mr. Bo Gimbal. Mr. Gimbal is a dedicated and valued volunteer who has a long history with the District on trail construction and maintenance projects. His most recent trail construction project involved realignment of a section of Eagle Trail in the lower Windy Hill Open Space Preserve, parallel to Corte Madera Creek. He has also been busy on numerous other trail repair projects throughout the Skyline area of the District. The trail reconstruction primarily affects the 0.4 mile section of the trail nearest the backpack camp. The trail was created by use; it generally keeps to the ridgetops parallel to Monte Bello Road, is very steep in sections, and erosion is a problem. By rerouting the steep sections, the trail will provide an attractive alternative to Monte Bello Road. 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-97-69 Page 2 CEQA COMPLIANCE Project Description The project consists of construction of an approximately 0.4 mile section of trail to replace a steep, eroded section of trail of about the same length. The trail will be constructed to a width of four feet. Additional sections of the remaining 0.5 mile section of trail will be rerouted as needed. The abandoned sections of trail will be restored by ripping the trail tread and seeding with a grass seed mix. Project Determination under CEQA The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA (the California Environmental Quality Act) under Sections 15301(d), 15302, 15304(a), and 15311 of the CEQA Guidelines. Categorical Exemption Section 15302 - Replacement or Reconstruction The Old Ranch Trail will be reconstructed in approximately the same location and will have the same purpose and capacity. Categorical Exemption Section 15304 - Minor Alteration to Land Trail construction will consist of minor grading and clearing of vegetation in order to provide four-foot wide trails with unobtrusive cut and fill side slopes. Trail grades will generally be under 10% and drainage will be designed to minimize soil erosion. PUBLIC NOTIFICATION Individuals who have expressed an interest in Monte Bello Open Space Preserve trail use issues have been mailed a copy of this agenda. Prepared by: Mary de Beauvieres, Open Space Planner Contact: Same as above MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MONTE BELLO OPEN SPACE PRESERVE tVJ 6KAIN1,:VJ. :F3 ttSS ttSF'/.SSSSS tt3't ;" a" :'Cif of bJ ;s� l,£ y'ft t'na Y is«#£ t "f f, ,+/,t 'b OPEN SPACE. »sat g ###£ +l £tst3istt »,u { r;;:ttitt tttttttttttstt �3 .�ff tl.'tf t.K'# fttf'£ ttttttt tY,ttttttttf;t,,:, 3t .'.� S .`i' tat 3. „%tt «s• tt«t PR RV E E F tsks!" f 3 �c, S- #tt ,,:t;:• ttst;tsttttttt, -:/•s%`"i.s 33££«�s'£fs»i'st�tttttttttftst tt"„ „ »a w!»+s» tfsfsffsf' ts3'tt» tt#t# ...t +..+.:..+.:,.,'.Y.f ttt, 653t.'•ttttt ,,,y '£S f� 4 .:....,.:.:::,+,,,::.,..•,::.:.:.. ... :tttttt .+ttt +++++t'tttft�'.tttt„'t,. .t##5## 'tftt ££�'+YI.�'.' #£ ff,#£# +ttftt f'ff' r i tt, s#tst .rf. £>ir £rs„ • s¢�ttsntttrs' l tth<:tt<.,s !'- sa,, '��'�'''.��-��'+��"��'"�''�.��'-,�'''+itslt�s>ttsststtt,t£ji 's #s's �tsf ra , %s s.f »t �� - �• .» r,+f' s+, ,#t,t�,�•i,'• !»r `�:: •a,J:,� �': tttr,; ;,,,rff F ,+r +t33:rr++,:t rt,£tttt�tt't't; t, tttt #3#£�: � ,,�, � '� ,,.�, _ w£ tsf! !#«#ft,• A �e ;,Z#z £s ttE t ,3s r's'st's£}s t£is.. s'> c �%s#r+t„ ., t„zsfn,,, rtft£#«£# ,,:l.,##t,'tt"f+"fff«nf: -, ,tc -,•--- 9ittttt:Stitt.:ft3Ft' %££ attt:;%;. zff«£s'ss ' rsk;r" � �• s>iss's£ : ;2;, ..,/.+#t#4:; £££#«tattt,,, ,.,i3Y:fftS "sit':s;•s r#yf£r .� / • :!z tt�' ttf "is s `;tit Ki 4s<'tfs:<;s /r .,S'{.`•, 1. i •i 1.a £t+ ,'££t++++ ++5+£ `SaY./ snit.+f+t tt3.fttttt D 2�, R tfttttY,ttY,tttttttttttttttttttttttttt..., 3•it`.-tt'fKtt3tt +.,. „#, ,s,r %�# t... •' -t .in, tt7?ttr+tt,»:,+:»++ ,sf^�.','itS�t; '� »v,:.++ , +t,,,,++.,..+ � 9 •, I »,'vSt'!'tift:':###,ty1i35£.rf'f'YY#Ytt (ttttttt't,,5+t- .;tS?;;;«#•,'3''ti. 15 0. #'• t ftSt3ft ftttt':Y3:::ftt'lff, t ,.tSk:. x 2"firs ry - +,rs,.!##t tt£tt%ttt.a:.::,t...:,:...:. /`f%;.fr '.• T-"'0,i - t+.tSit££t«««« «'tttttt.+,/,+ +,f#tit .- R. ttt�,S't tF" ,t%'tit I.. ��'-!it i ,• �� 3,#iftfttf't'ti'»:+ttt,tftf � r+/+t#t�+�3 %fft: ,:»,»,•:»»»:»,>»::,,» ..,»,r»i ,,,,yyam� l.33ff'•t ifft'•tt.•tttttttttt;t> tb; _.0.7 • ::� : ._: ,;, :». �� +.rS,Y,irff t #t####f,3,#f£f##3#«#t,#f"fft tt f ........%5• •::•»:i:�„>»r+,•,,:a,•., '+."i � .-..... rf'Y».,,,'r'.+„r,di;iit tY,t ...»,,.:•,..+.++++,>,,:,,,,.,.�i ;y'� Qr�� .''; � _-_. `. r+..+,+++�,:�3tttttf#ttfttttttftt+G:fr,:::,.. ££#f£'`# ':il.'�? ##tr�t',•,£££#£.',,, :..0.t '•,0.2 ~! 1� d ;,.Y:#3'££#£f++##«S.Y.t31:. t#£iif tt,x..+ �' •, _� - 'L.:ri ter._ .. t � £ ^'Yt��+-�rtttts:%F E" F;; O.J r• - ..\. `. ££S££3:'11t::9iY.fttttt'btt3tti+ (MRO!: 01 «i`��a,t ttFtt#tt££tt£tttttttt+r,+.,.+. t >�tstt #£ t �.�• -- o..t o.z %' `�_ SAN ED ANTONIO f# REALIGNMENT PROJECT oPLN SPACE f .....ifs; l - .a �. IRESERVE triK' 1 'tsrr�sssE- 0.3 i S H '� 0.6 ` U.6 C�Ot!I l• 10.8 �.. j��ytt£t£t s %is;' � ►ail'`.i I �. i 1 -� G7:Ntack j: ksw,� s 3 o.b 0.z t r _ Afouxe.i: f £t3 , s V :tFf 3f sS ! f o.3 y: �, C. /od�an`Creek Trail i 0.4 \ �: s,�..�s 1. rr £ti?i= , A ': Attention Bicyclists&Equestrians: Od 2,- _ _Ya. } o� i £ Ki �s £�kNo t's�3>'sf /. � This section is dosed seasonally. � , - :� :��'` /P Be% ..... tr # ^ I Check trail conditions by '#f »£�#S i �. calling the District Office. !/ \•i rt l; I -.t -� t't hod ?x"t! £ fs 'I t'•'A'ti-.'� 1.'� �•ISIJ �'� tf^£ .t \) •S}i._r�. -_T -140'1 nlnnc H,nct 0� 4�[�,+ MONTE BELIO ys's fsast 9.3 •4J.1 - U.• T'r 'f�RPh IMfnr 'tl;,n ,bPEN'SPACEPRES,ERVE '^ J�. l ` A'+/� -- ._., tt ,i,, • `�Pt, '` '' '1 � �_. .....jam \, '- n I,k. it t• drd !ftiit \.\ 2.0 . .....�!!!i' �. SKlEINE RPf)'GENmm » �-- !� `.�.��..• t — �. (WEN SPACE E . _.V li v.3tkM,^ i KRtl f`t; . �t�r� 1'KE\E:K1 E ,° I —. � \ .,� s^Fss'�£tsf ssyts££#££ !/'r��r•rr _ M, f,,,,,»» r„++»+„+,,,,+,+»Y",f's't"r >J. �. %#i, •,.:''.;rf"t3 tt,fS�'+:„ ,++y✓i++, , .M:S',StJ Utt tf#£tsw3 s: •. } tt'yr tttttsf#ss rt£ts/ r tta s s s ssr,£tt£tsts"ttt'''tv£tts ..J ".,., o r •./.Sit., t�ft t,#Y,##t.£ tt'!'JSt�t�,t +.%t S ,.Y.f#ttrY`;:::'.3.'a fftff„ ,,fr,.',, �! �f al/ \�--' t. t,:'S'•'S, ttY,.r tt#« tit, �>'f ..t,, ttY.i -' + v ££'�£ £!4#;t _ ,,,,;y< is%j£i�ssss3ttfs;%!ss=✓`stssi't's s ,/suo_s AN si, iw,,..„ks,,:..................... :%��usys •' .__ - , EXHIBIT 1: RECONSTRUCTION OF OLD RANCH TRAIL Regional, Open : _ we ---------------------- 1 R-97-71 Meeting 97-11 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT April 23, 1997 AGENDA ITEM Amendment of Public Employees Retirement System (P S) Contract for Local Miscellaneous Members to Provide 2 Percent at 55 Re ' ement Formula GENERAL MANAGER'S RECOMMENDATION Adopt the attached Resolution of Intention to Approve an Am ndment to Con t Between the Board of Administration of the Public Employees Retirement System and the Board of Directors of Midpeninsula Regional Open Space District to provide 2 percent at 55 retirement formula, including an extension of the funding period to the year 2016. DISCUSSION The proposal to initiate the 2 percent at 55 retirement formula amendment was approved at your March 26, 1997 meeting as part of the Memorandum of Agreement between the District and SEIU Local 715, and also as part of the salary and benefit adjustments for office, supervisory, and management staff. This amendment changes the existing retirement formula from the 2 percent at 60 formula to 2 percent at 55. The effective date of the contract amendment will be June 1, 1997, although PERS will not require the District to start funding the 2 percent at 55 formula until July 1, 1998. COST IMPLICATIONS The estimated increase in the employer contribution rate effective July 1, 1998 is 4.374 percent of payroll (see attached Contract Amendment Cost Analysis). This cost is estimated to be $119,990 annually. However, the District intends to offset 3 percent of the 4.374 percent increase in cost through reduced cost of living adjustments (COLAs) in fiscal years 1998-1999 and 1999-2000. Therefore the actual annual increase in cost to the District will be approximately $37,700. In accordance with PERS requirements, the estimated annual costs listed above are based on a 3 percent COLA in fiscal year 1997-1998 and a 1 percent COLA in fiscal year 1998-1999 for all employees. They also include the General Manager and Legal Counsel salaries, as well as additional salary costs resulting from the proposed reorganization of the administration, planning, and operations programs, which is covered in a separate report (see report R-97-70) included on the agenda for this April 23, 1997 meeting. Prepared by: Deirdre Dolan, Acting Administrative Services Manager Contact person: Craig 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,Jed Cyr, David T.Smernoff, Nonette Hanko, Betsy Crowder,Kenneth C.Nitz• General Manager:L.Craig Britton 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; Rate Change on Rate Change on Amortization of Unfunded Liability July 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 0.893% 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 1 $ 530,000 1 $ 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 8/23196 period and, in addition, estimated rate increases if the funding period is extended to the year 2011 or 2016. REFINANCING OLD OVERFUNDED is the change in the cost for the existing overfunded liability before the contract amendment, due to an extension of the funding period. This liability was provided to you in the most recent actuarial valuation report. A copy of the pertinent page from that report is enclosed. Your current rate is reduced as a result of your assets exceeding liabilities ("overfunding"). Extending the funding period spreads that overfunded amount over a longer period of time and results in an increase to the contribution rate. This increase is shown as Refinancing Old Overfunded on the above analysis. The valuations have been based upon participants of the retirement system, actuarial assumptions, and assets as of June 30, 1994. The adjusted employer contribution rate to be effective July 1, 1997 will use such information as of June 30, 1995, while the contribution rate effective July 1, 1998 will use such information as of June 30, 1996. Because of these changes in demographic data and asset amounts, and potential changes in actuarial assumptions, the sum of your current employer contribution rate and the estimated rate increases noted above will not equal your new employer rate effective July 1, 1997 or July 1, 1998 (whichever is applicable). If your agency is requesting cost information for two or more benefit changes, the cost of adopting more than one of these changes may not be obtained by adding the individual costs. Instead, a separate valuation should be done to provide a cost estimate for the combination of benefits changes. 8/23/96 RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide 2% @ SS Full formula for local miscellaneous members, including an extension of the funding period to the year 2016. NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency does hereby give notice of intention to approve an amendment to the contract between said public agency and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof. By Presiding Officer Title Date adopted and approved (Amendment) CON-302(Rev.4/96) EXHIBIT AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of above public agency, hereinafter referred to as Public Agency, having entered into a contract effective December 31, 1973, and witnessed November 14, 1973, and as amended effective April 4, 1977 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 9 are hereby stricken from said contract as executed effective April 4, 1977, and hereby replaced by the following paragraphs numbered 1 through 11 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for local miscellaneous members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after December 31, 1973 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Employees other than local safety members (herein referred to as local miscellaneous members). 3 N "E 1�LYFL11A i3O SIG IBi 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS 5. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21354 of said Retirement Law(2% at age 55 Full). 6. Public Agency elected and elects to be subject to the following optional provisions: a. Section 20042 (One-Year Final Compensation). 7. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on April 4, 1977. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 8. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members of said Retirement System. 9. Public Agency shall also contribute to said Retirement System as follows: a. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. b. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 10. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 11. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective on the day of , 19 BOARD OF ADMINISTRATION BOARD OF DIRECTORS PUBLIC EMPLOYEES' RETIREMENT STEM OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SO, \ BY BY KENNETH W. MARZIO I E F PRESIDING OFFICER,-°.4, ACTUARIAL & EMP R SERVICES DIVISION ' PUBLIC EMPLOYS,' TIREMENT SYSTEM '~ Witness Date Attest: Clerk AMENDMENT PERS-CON-702A(Rev.8\96) CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Division Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229-2709 (916) 326-3420 CERTIFICATION OF GOVERNING BODY'S ACTION I hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the of the (governing body) (public agency) on (date) Clerk/Secretary Title PERS-CON-12(rev. 1/96) CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Division Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229-2709 (916) 326-3420 CERTIFICATION OF COMPLIANCE WITH GOVERNMENT CODE SECTION 7507 1 hereby certify that in accordance with Section 7507 of the Government Code the future annual costs as determined by the System Actuary and/or the increase in retirement benefit(s)have been made public at a public meeting of the (governing body) of the (public agency) on which is at least two weeks prior to the adoption of the (date) Resolution/Ordinance. Clerk/Secretary Title Date PERS-CON-I 2A(rev. 1/96) MWPENINSULA REGIONAL UYLN JYAt-h 111DIkU%-I St. Joseph's' ✓Hill Open Space Preserve Sierra Azul Open Space Preserve �.. : LOS GATOS CREEK TRAIL ?•`"'::<,'tY• <:<::< :... ...<:Y'k.t;::;::.; :. . .. ' .' . CURBSIDE PARKING ' EL SERENO O.S.F' " .y.; ::::�#�:::.:. .:;4. .: •. ::;jinx>: ':.: ::. .: .:;Y:}�k1y: ::.?:. :.� .;:;.y:. ,.: .:.....:...:.... .::.:�.•.i:..•::;}. '•:::;;: t�i'..:,};,•:.4:... ...-. ..4�: ..: ..: .. :... .. .�.::::;4?:- . ?. . .}:.•;?.,;•'.�¢ :-::. Kt ':Y:?fA: -: :;?Y:.. ;:'i'<'.�1�JF::i-:::� 2k ONSERVATION EASEMENT ..:.. ,. .;:,_: t,S. �. ��:,:::.:•<a:;c?:�...�:Y:F-.:,_. :Y::;k-:^:'::.:i3?:; s: C ..... .... ... ..... ...... ... �.,,, ��;a..::;—:.:� as'Y:F:2:i:< "ko:�'�; .:al�Y;-i}:.f: Eir?Y• _. .-..... ,..... ... .. ... ... .. .._ ...Y...... ... ... .. ..._..__.. .. as .-) ;'fi'::ii2.: , P�.. .... ... ... � ., .. . .. ........... ... 0 EN SPACE EAS .m ..:?... ... ..(y .. .... .. .. ... ... ..,...1.... ...... ..... ...... ... .( .. .. v:J•3ffiiF:''xk�i:�': ..;,}.q.,v.j:Y.. ,.... .t. ♦ .... ... ... .:. :. .:: �::::::.xi v:: .. ..v ...v F. ''):;yC:i::}v: EMENTPUBLIC ACCE,�S) ...;..:. .:. :y. 1 _ r ... .x .. ..... .. .. .. ^m. Y iw & �,:: .:. <}:;.x.::: ,. " " ," :: ..a•� `�� i /.. :`.#:. .,.., ONLY t.:r?::. .....:........:.. ........: :•.:.::.....: .. �#OPEN SPACE EASEMENT... .- ..:. .:... -:. . . ... .. ... . �.. �.2 '•.�.}::. ....:. ............ r (NO PUBLIC ACCESS14, ] 'Q_ 1 1. b" I k it •. /ten q ��;•r.F:. x � .1 •i 1 `i F+ ..t :;. ;t x.r:4.. .•:.. N:.J� .::.,.}; ,.... :'�•.4M F>:. :'.. ::��:: � K E N N E D Y j •< } 1 1 TRAIL .:.�: ,.. 2.r. : .. .. .. ... ........... .:.. ., .� ;.Y.!tia�-. .x.%r•?..; � 'I, �}a S: ;y,< -.;2.. p '.=12. :'� ::: •' ^.,,.`1-r;'•,.,,1^,'•'•'/..v"- �:.�•::' •�.,,,�.. ? SPACE EASEMENT:`;:: 20 •� ' ,.< >;�Y NO PUBLIC ACCESS 4.1 Lit .)j rvl l I 'eft •1 ,{ S 1 Ir ,k , r , ;{:Ya':;,; ::yk:�• ;��+• I � - 1!' 1 �}' w�` r>. `ice•" LIM K E ILN .�::>. •;,. .tt24t:;..::Y` ----� � G a h y p Q TRAIL 1.5. 1- ... :: 4.. ..,. � � . . ALMA BRIDGE ROAD *&Oo _ prilst J v:. y4 U 2 PRIEST EST ROCK : 11 ':4: •.i,•.y r:•y• Jkt±'• 1 S Ill �J ::iy'�': 1 \ k''•+/,'::;:;'� i+ti•`f4.4.kkr{:::: �r ./\� �I I I. 11 �g�2.�. � s �' •` � i' TRAIL n I _ 1 :.::: ..::..:. .j r- LExI ' 1 NG �TON RE! RV I � w 0 R •"� l ry.. �,/ J r KE ,, .. NNEDY COUNTY PARK ,',,,.� s'•�`)::a!ti:��'�.:.",..'�'�':;�'�`^ ' � r. -_ ��:14"•�:F . �•:•:.::.' " ' . . . .... .. :> ;... : 1:<,`'�. � taw ~� ;�` �l� �Re I 1 : ..:. .: .. .....: . ::::::. ::F;� .• III )J r :.......:.:.. :.:.:: ........ . ....-....-.. x . .y:.:• ..... ... ......... ..::::.�::..::. ......... ,..:::. "� .,.. y.a.,..2¢: .... - ::r:r, -.:.mow. ':a.:`•:-:_^`.?Y,tr...•+.: .. . . .:.. ...... .. ..... .......... .,. ..'"f •. ;�S` Legend" .�. . ,,,,•;.. :.:. .: ........ ' t. ca. .........::::::::.:.�.�:{:::::::::•:::::::y..:::.. J< .... t .::.:..::. .,.-�.:�"•.,#'? Dogs must be on leas � � LIMEKILN----�--� ? —Patrol road and trail TRAIL ?:,. >;•?<>�:>�':.;:`.:...>:::{::..I. .:.:::`.?t>:k ::"::;`'. :::�'..{sx ":;:::.<:,,::::. :,. :..:: ...;:� ATrail distance in miles ;;� \� �. �: .,�\. _ ,� d h , + / )( No public access \ `I .......... 1 , t 2 - Regional Open . .ice 1 1 R-97-72 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-11 April 23, 1997 AGENDA ITEM Approval of Exemplary Service Award Program GENERAL MANAGER'S RECOMMENDATION Approve the proposed Exemplary Service Award Program as a replacement-for'the former PP P Po P �Y g Salary Incentive Award Program. DISCUSSION The 1996-1997 Administration and Budget Committee requested placing the 1996-1997 Salary Incentive Award Program and awards on hold until the long-term goals of the program were reviewed by the general manager and any proposed changes presented to the committee and to the Board for approval. The committee requested the program review based on concerns about the growing cost of the Salary Incentive Award Program and the unusually high number of award recipients. In May 1996, the office, supervisory, and management staff had an opportunity to comment on the Salary Incentive Award Program and offer suggestions for improvement. Management Team then met several times to discuss a proposed replacement program based on the input received from the Board and staff. The 1997-1998 Administration and Budget Committee reviewed and tentatively approved the proposed new Exemplary Service Award Program at their meeting on March 3. Staff reviewed the proposed Exemplary Service Award program at meetings on March 10 and April 7. The attached proposed Exemplary Service Award Program represents the combined input of the Administration and Budget Committee, staff, and Management Team. The primary changes in the proposed program include: ■ Expanding the award criteria to incorporate and emphasize behaviors that contribute to a positive work environment, such as: consistently contributing to the goals of others; always willing to help others achieve their objectives while maintaining his/her own objectives; contributing positively to working relationships with coworkers; and using effective communication skills. ■ Changing the name of the program to Exemplary Service Award Program and expanding eligibility for the program to include all office, supervisory, and management staff, rather than just those employees who have reached the top of their salary range. These changes emphasize the program's intention to motivate, recognize, and reward exemplary service from any employee who meets the award 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-97-72 Page 2 criteria. The program is no longer tied directly to salary, performance evaluations, eligibility for merit increases, or a person's position in his/her salary range. ■ Determining award recipients through a staff nomination process rather than solely on the basis of the performance evaluation and management or supervisory discretion. The number of nominations each staff member may make is limited. This process will likely reduce the total percentage of award recipients compared to previous years. The 1996-1997 award program is still on hold pending your approval of this proposed new Exemplary Service Award Program. The $25,000 budgeted for the 1996-1997 program was carried over to the 1997-1998 fiscal year. The 1996-1997 program will be completed as soon as possible after this new program is approved. An additional $25,000 is also included in the 1997-1998 fiscal year budget for the 1997-1998 award program. The new Exemplary Service Award Program is intended to be ongoing and a permanent replacement for the Salary Incentive Award Program. Prepared by: Deirdre Dolan, Acting Administrative Services Manager Contact person: Same as above EXEMPLARY SERVICE AWARD PROGRAM PURPOSE The purpose of the exemplary service award program is to motivate, recognize, and reward exemplary performance and contributions of the District's office, supervisory, and management staff. AWARD CRITERIA Awards will be based on the following: 1. outstanding and exemplary overall job performance - establishes and achieves ambitious but realistic goals; recognized by his/her peers as an expert in his/her position; others use him/her as a resource person. 2. willingness and success in exceeding expected and assigned job duties - enthusiastically tackles any job or problem that comes up; shows creativity and imagination in solving problems; actively seeks and embraces new opportunities and challenges. 3. team player - contributes positively to working relationships with coworkers, supervisors, managers, and the public; recognized as consistently contributing to the goals of others within the program and throughout the District; always willing to help others achieve objectives while maintaining his/her own objectives; uses effective communication skills. 4. through his/her actions exhibits strong commitment and support to the goals and success of his/her program and the District. 5. introduces and works to develop ways to improve efficiency, productivity, cost savings, or service to the public. 6. sets a good example for others - consistently exhibits work habits and performance for others to emulate; demonstrates exemplary work/leadership skills; generates enthusiasm. APPLICATION GUIDELINES 1. Awards will be made by March 31 of each year based on performance during the prior calendar year. 2. All office, supervisory, and management staff who have completed probation by December 31 of the previous calendar year or who have been a regular part-time or full-time District employee for the entire previous calendar year are eligible to receive an exemplary service award. 3. All members of the office, supervisory, and management staff have the opportunity to nominate to the management team up to ten members of the office, supervisory, and management staff, other than him/herself, who the nominating employee believes meet the award criteria for the exemplary service award program. 4. Input to the management team will be provided on a Exemplary Service Award Nomination form. All forms must be signed and dated by the nominating employee to be considered by the management team. 5. Members of the office, supervisory, and management staff shall assign each employee he/she is nominating a numerical score of one to five in applicable award criteria. Five is the highest score possible for each criteria. A nominee need not have a score in each of the six award criteria for the nomination to be considered. In addition to the numerical score, the nominator must also include written comments or specific examples of the nominee's performance to support the numerical rating. 6. A summary of all nominations will be compiled by a staff person, designated by the General Manager, in advance of management team's review of the nominations received. The numerical scores for each of the six award criteria will be averaged for each person nominated. In determining award recipients, management team will take into consideration numerical scores, comments and examples noted on the nomination forms, the number of nominations received, and the job duties and responsibilities of the nominee relative to the number of nominations received. 7. Any staff member who receives a below standard on his/her annual performance evaluation in the previous calendar year will not be eligible to receive an exemplary service award that given year. 8. The amount of individual cash awards for members of the office and supervisory staff shall be determined by the management team. 9. The General Manager shall be solely responsible for determining and awarding performance awards for the Public Affairs Manager, Operations Manager, and Administrative Services Manager. Nominations received for managers from members of the staff will be taken into consideration by the General Manager in making his decision(s). 10. Individual cash awards cannot exceed $2,500. Cash awards may be converted to time off up to a maximum equivalent of 24 hours. Equivalent time off will be determined by dividing the cash amount by the recipient's current hourly rate of pay. Such time off will be added to personal leave time and must be used in the calendar year in which it is received. Regional ," R-97-70 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-11 April 23, 1997 AGENDA ITEM Staffing Reorganization of Administration, Planning & Ac uisition, and Operations Programs GENERAL MANAGER'S RECOMMENDATIONS 1. Approve the reclassification of a senior planner position to a newly created senior management specialist job classification and transfer it from the planning program to the administration program; approve the attached senior management specialist job specification and assign it a salary range of Step Number 264 to 289 with a corresponding monthly salary of$3903 to $5005. 2. Approve the reclassification of the one-half time acquisition secretary job classification to a newly created full-time real property assistant job classification; approve the attached job specification for the real property assistant position and assign it a salary range of Step Number 224 to 249 with a corresponding monthly salary of$2621 to $3362. 3. Approve the attached revised Position Classification and Compensation Plan. 4. Authorize the addition of a second planning technician position. 5. Approve the transfer of the resource management specialist position from the planning program to the operations program. 6. Authorize staff to contract with executive search firm Shannon, Davis & Associates to assist with the filling of the Administrative Services Manager position at a cost not to exceed $20,000. 7. Authorize the transfer of$78,050 from the planning program salaries and benefits budget to the administration program budget; the transfer of$51,950 from the planning program salary and benefits budget to the operations program; and an increase of$44,950 to the remaining planning program salaries and benefits budget. DISCUSSION Creation of Senior Management Specialist Position The departure of Administrative Services Manager J. Fiddes along with the resignation last December of Planner I J. Law provided an opportunity to review the overall staffing needs of the planning and administration programs. The creation of a new senior management specialist position will consolidate several District-wide senior level responsibilities into one position. This new position will reside in the administration program and report directly to 330 Distel Circle 0 Los Altos, CA 94022-1404 Phone:415-691-1200 FAX:415-691-0485 E-mail: mrosdnopenspace.org Web site: www.openspace.org Board of Oirecton.Pete Siemens,may C. Dmey, led Cyr, David T.Smernoff, Nonette Hanko, Betsy Crowder, Kenneth C.Nltz. General Manager:L Gaig Britton R-97-70 Page 2 the General Manager. It will encompass a broad range of responsibilities in several areas including land acquisition, open space planning and management, and administrative services. Duties will include conducting comprehensive open space acquisition planning studies; overseeing and managing the District's computer system; preparing, reviewing, and revising District policies as necessary; responding to encroachments and requests for use of District land; reviewing and commenting on regional and local plans; and coordinating the preparation of acquisition and development grant proposals. The incumbent senior planner D. Woods currently performs many of these duties and will be transferred to this new vacant classification in a new work unit. The proposed job specification is attached. The recommended salary range for this position is Step Number 264 to 289, with a corresponding monthly salary of$3,903 to $5,005 and an annual salary of$46,833 to $60,060. This salary range is equivalent to the senior planner position in the planning program from which this transfer would take place. Reclassification of Acquisition Secretary Position to Real Propgr y Assistant The real property representative has an extremely heavy workload currently covering all aspects of land acquisition and enterprise management. The current secretarial position is a shared one-half planning and one-half acquisition secretarial position. The proposal is to reclassify the one-half acquisition secretary position to a full-time real property assistant position. This new position will focus approximately 50% time on enterprise management, 25% on real property research, and 25% on clerical support. Duties will include keeping rental accounts current; coordinating maintenance and repairs of residential and employee residences; responding to rental inquiries; meeting with prospective tenants; managing the Distel office space; corresponding with the assessors' office on possessory interest taxes; gathering information from County Assessor's and Recorder's offices, title companies, appraisers, and realtors; designing and maintaining databases for enterprise accounts; and providing general clerical support. Shifting some of the enterprise management and real property research duties to the real property assistant position will allow the real property representative to devote more time to important acquisition activities. The incumbent planning/acquisition secretary L. Zadek performs some of these duties and will be promoted to the newly reclassified real property assistant position. The proposed job specification for the real property assistant is attached. The recommended salary range for this position is Step Number 224 to 249, with a corresponding monthly salary of$2,621 to $3,362 and an annual salary of$31,455 to $40,339. This salary range is equivalent to the public affairs assistant position. Addition of Second Planning Technician Position In the initial presentation of the budget for fiscal year 1997-1998 (see report R-97-35), which you subsequently approved at your meeting on March 26, 1997 (see report R-97-51), it was proposed in the planning program to replace the vacant planner I position with a second planning technician. However, if the above senior management assistant and real property R-97-70 Page 3 assistant positions are approved, the planning program will have vacancies in the senior planner, planner I, and one-half time planning secretary positions. In light of these potential changes, the planning team evaluated the overall staffing needs of the department and identified hiring a second planning technician, a planner I, and a one-half time planning secretary as the highest priorities. The second planning technician will take a more active role in managing the District's sign program, including creating a sign database and preparing sign standards and a signing manual. Other responsibilities will include coordinating small site planning projects, and assisting planners with large scale project tasks such as preparing site plans and conducting research. This will enable the higher level planners to focus on more advanced project management tasks. The addition of a second planning technician will also allow the current planning technician to focus more time on developing computer-generated graphics capabilities, a need that was identified over a year ago but which time constraints have not permitted. The planner I position will fill the void left by the departure of the previous planner I and the senior planner, and will assume existing work program projects. The one-half time planning secretary will provide clerical support to the planning team and will replace one-half of the shared planning/acquisition secretary position. Staff proposes to fill the planning technician and planning secretary positions immediately, and the planner I position in the fall. The senior planner position will not be filled. Transfer of Resource Management Specialist to Operations Program The resource management specialist position is currently included in the planning program for budgeting purposes, but is managed jointly by representatives from the planning and operations programs. This arrangement was intended to promote a closer working relationship with field staff as well as meet the resource management needs of both the planning and operations staff. Staff now feels that the goals of the position and the resource management needs of the District will be better served if the resource management specialist position is moved to the operations program. The operations manager will supervise the resource management specialist. Use of Executive Search Firm for Administrative Services Manager Position The administrative services manager is a key management position that is critical to the effective administration of the District. Executive search firms have extensive experience in the recruitment of management positions and can assist in all phases of the recruitment process, including the development of the candidate profile; the development of a tailored and aggressive recruitment strategy to ensure a well-qualified applicant pool; selection of final candidates; coordination of an assessment center, if desired; interviews with the finalists; and final selection of a new administrative services manager. The use of an executive search firm can also insure a fair and unbiased selection process and eliminate the potentially awkward situation of the administrative analyst recruiting for a position which R-97-70 Page 4 directly supervises the analyst position. Finally, the administrative analyst or other current employees may wish to apply for the administrative services manager position. Staff has requested proposals from the two leading executive search firms providing services to governmental clients: Shannon, Davis & Associates, and David M. Griffith & Associates, Ltd. Shannon, Davis & Associates was the lowest bidder with a proposal of$12,500 for all phases of the recruitment process as described above, plus expenses estimated to range from $4,000 to $8,000 for such items as travel, advertising, long distance telephone, printing, copying, and postage/delivery charges. Staff recommends contracting with Shannon, Davis & Associates to assist with filling the administrative services manager position as soon as possible. It will likely take up to four months to fill the administrative services manager position. For the period the administrative services manager position is vacant, the savings in salary will be approximately $22,000 ($5529 per month), which will offset the cost of using an executive search firm. Budget Implications The funding for the senior management specialist position ($78,050) will be shifted from the planning program salaries and benefits budget to the administration program. Funding for the second planning technician position is already included in the 1997-1998 planning program budget. The transfer of the resource management specialist position will shift $51,950 from the planning program salary and benefits budget to the operations program. The reclassification of the real property assistant position, the addition of a planner I position for six months (October through March), and the addition of a one-half time planning secretary will require augmenting the planning program salaries and benefits budget by $44,950 (after the $78,050 and $51,950 reductions described above). The net increase in 1997-1998 District salaries and benefits will be $44,950. Prepared by: Deirdre Dolan, Acting Administrative Services Manager Contact person: Craig Britton, General Manager Regional Open lee MIDPENINSULA REGIONAL OPEN SPACE DISTRICT SENIOR MANAGEMENT SPECIALIST DEFINITION To assist General Manager in a variety of District-wide activities including land acquisition, open space planning and management, and administrative services;to review, revise and develop District policies and procedures; to coordinate and prepare grants; to serve as liaison with other departments, outside agencies and the general public; and to plan and manage District's computer resources. SUPERVISI ED AND EXERCISED ■ Receives general direction from the General Manager. EXAMPLES OF IMPORTANT RESPONSIBILITIES AND D JTIES--Important responsibilities and duties may include, but are not limited to, the following: ■ Conduct comprehensive open space acquisition planning studies; investigate interagency acquisition proposals,joint public/private acquisition proposals, management agreements and specific property referrals;maintain communications with the Planning and Operations programs, associated staff, and Board; prepare acquisition reports for proposed acquisitions. ■ Oversee and manage District's computer system; assess staff needs and prepare plans to meet growing demands for new technology; coordinate and conduct in-house computer training for staff. ■ Prepare, review and revise District policies as necessary; conduct specific and comprehensive analyses of a wide range of policies involving the District's organization, procedures, and programs. ■ In support of the General Manager and Real Property Representative, respond to encroachments and requests for use of District land; negotiate conditions with private property owners and government representatives for encroachments, licenses, and exchanges. ■ Review and comment on regional and local plans, including general plan amendments, subdivisions, and development projects potentially impacting open space lands. ■ Coordinate the preparation of acquisition and development grant proposals; research potential grant sources and develop grant projects with acquisition and planning. ■ Review Board agenda items for compliance with California Environmental Quality Act(CEQA); develop and maintain processes and procedures for assisting staff members with making CEQA determinations on specific projects. ■ Serve on a variety of interagency and organizational task forces, committees, and boards to enhance District/community relationships and promote cooperative planning projects; in support of the General Manager, serve as liaison with other public agencies and organizations. ■ Work with General Manager and various departments on special projects or studies as assigned. ■ Perform related duties and responsibilities as required and/or assigned. OUALIFICATIONS Knowledge oP ■ Principles of project management and policy development ■ Principles and practices of land resource management, and environmental planning. ■ Principles of forestry, wildlife preservation, and conservation. ■ Principles of computer system management. ■ District lands and surrounding private and public property. ■ Planning principles related to general acquisition, eminent domain, and public necessity. ■ Grant application and administrative procedures. ■ Computer applications for preparation of research, analysis and documentation. ■ Principles of research and statistics pertaining to the analysis of data. ■ Pertinent Federal, State, and local laws and ordinances related to land use, planning, zoning, and environmental protection. AbOy to: ■ Coordinate, plan, and prepare open space policies, plans, and procedures. ■ Understand and interpret various title reports, boundary descriptions, deed restrictions, and legal issues. ■ Develop land use policies in accordance with District regulations. ■ Develop and administer consulting contracts with professional planning and engineering consultants. ■ Review proposed projects which may impact District lands and make detailed recommendations for appropriate response. ■ Negotiate sensitive land use issues with property owners and governmental representatives. ■ Research and analyze data pertaining to a variety of open space planning matters and develop effective courses of action. ■ Effectively represent the District on a variety of matters with other staff and public/private agencies. ■ Work independently. ■ Communicate clearly and concisely, both orally and in writing. ■ Maintain effective relationships with co-workers. ■ Establish and maintain effective working relationships with those contacted in the course of work including consultants, contractors, public officials, and the general public. ExMience and Training Guidelines Any combination of experience and training that would likely provide the required knowledge and abilities is qualijying. A typical way to obtain the knowledge and abilities would be: Experience: Four years of increasingly responsible planning or management experience in parks,open space,or related field,including at least one year of supervisory and administrative responsibility. Training: Equivalent to a Bachelors degree from an accredited college or university with major course work in urban or regional planning,environmental design, landscape architecture, architecture, natural resource management, or a related field. License or Certificate ■ Possession of, or ability to obtain, an appropriate, valid driver's license. ■ Professional licensure in landscape architecture or a related field is highly desirable. Working Conditions ■ Primary work in District administrative offices in group working environment. ■ Visit, inspect, and collect data in open space areas. ■ Work alone in wildland areas; traverse rough, difficult terrain. This is an exempt position. Regional Open ice 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT REAL PROPERTY ASSISTANT DEFINITION To perform a variety of general clerical and technical duties supporting the District's enterprise and open space acquisition programs. SUPERVISION RECEIVED AND EXERCISED Receives general supervision from the Real Property Representative and/or Land Acquisition Manager. EXAMPLES OF IMPORTANT RESPONSIBILITIES AND DUTIES--Important responsibilities and duties may include, but are not limited to, the following: ■ Perform general clerical support functions including preparation of original correspondence, memoranda, reports, leases, purchase agreements, escrow instructions, and forms; verify accuracy of information, research discrepancies and record correct information. ■ Compile data for special projects; collect and assemble data and background materials for a variety of reports. ■ Maintain computer databases for enterprise accounts and land acquisition program. ■ Organize and maintain acquisition and enterprise filing systems, slides, and photographs. ■ Process purchase orders and other administrative documents. ■ Assist in managing District-owned real property including leasing or renting improved property and communications, historic, and agricultural leases. ■ Respond to tenant and rental inquiries and meet with prospective tenants. ■ Coordinate maintenance and repairs of Distel office space, District-owned residential properties, and employee residences. ■ Research and gather information from county assessor's and recorder's offices, title companies, appraisers, realtors, local planning departments, and other places of business. ■ Assist in enterprise budget preparation for the District's rental properties; monitor income and expenses of these properties. ■ Perform related duties and responsibilities as required and/or assigned. QUALIFICATIONS Knowledge of: ■ Basic principles of real estate and property management ■ Modern office procedures, computer equipment, and software applications. ■ Computer database management. ■ English usage, spelling, grammar, and punctuation. ■ Computer word processing, database and spreadsheet applications. ■ Business letter writing and basic report preparation. ■ Basic mathematical principles. Ability t : ■ Perform difficult secretarial and clerical work involving the use of independent judgment ■ Work independently in the absence of supervision. ■ Communicate clearly and concisely, both orally and in writing. ■ Establish and maintain cooperative working relationships with those contacted in the course of work. Experience and Training Guidelines Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be: EEx ience: Three years of responsible real estate, property management, and clerical experience that includes significant public contact. Training: Equivalent to an Associate of Arts degree from an accredited college with course work in business administration, real estate, property management, or related field. License or Certificate: Possession of, or ability to obtain, an appropriate, valid driver's license. Working Conditions ■ Work in District administrative office ■ Visit, inspect and schedule meetings with tenants and contractors at District rental properties. This is a non-exempt position. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT POSITION CLASSIFICATION Effective: 04/01/97 AND COMPENSATION PLAN # Amended.• 04/23/97 MONTHLYO ANNUALLYO S 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 Real Property 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 Senior Management Specialist 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. HALF MOON BAY QUAD Nerhan 47-340-160 299 179,812 0 179,812 0 Chavez 48-310-190 52.83 252,775 0 252,775 0 Gonsalves 48-310-220 88 11,270 0 11,270 0 Gonsalves 48-320-010 62.5 50,169 71,438 121,607 0 Orbit Floral CM. 48-320-020 164.23 133,756 423,392 557,148 0 Babuin&Devincenzi 48-350-030 160 64,958 2,397 67,355 0 Rolleri 56-260-030 28.15 272,834 261,757 534,591 0 T&E Pastorino Inc. 56-260-050 21.29 216,951 7,5201 224,471 0 Nurserymens Exchange Inc 56-260-090 21 91,646 138,411 230,057 0 Adreveno 56-260-130 18.3 43,829 169,723 213,562 0 Rolleri 56-270-010 50.53 472,525 56,119 528,644 0 Rolleri 56-270-030 12.5 84,854 0 94,854 0 Rolleri 56-270-100 31.67 299,945 773,278 1,073,223 0 T&E Pastorino Inc. 56-280-010 20 196,286 0 196,286 0 Donovan 56-290-030 16.9 460,409 102,313 562,722 0 Walker 56-290-050 25.35 344,385 0 344,385 0 Hazeghi 56-290-080 19.89 102,216 0 102,216 0 Gill-Vista Ent. 56-310-020 11.5 111,221 0 111,221 0 Gill-Vista Ent. 56-310-050 10.5 89,988 0 89,988 0 Podesta 56-310-120 30.5 510,605 70,777 581,392 0 Cabrillo Unif School Dist. 56-310-140 37.69 0 0 0 0 Gill-Vista Ent. 56-310-390 19.63 181,998 0 181,998 0 Vu'evich 56-320-020 17.7 74,526 18,952 93,118 0 De Benedetti 56-320-100 42.52 94,898 0 94,898 0 To eri 56-321-020 15 217,173 0 217,173 0 Berta 56-321-030 12.7 187,416 10,707 222,236 0 Cozzolino 56-331-050 18.89 45,018 114,774 159,792 0 lbarra 56-340-010 51.27 143,743 3,535 147,278 0 Shawback 56-341-160 62.62 287,348 238,261 525,609 0 Cozzolino 56-341-230 53.22 92,573 36,836 129,409 0 Watt Ind. 56-350-010 115.84 0 0 0 0 De Martini 56-350-020 264 34,144 6,818 40,962 0 Browning&Ferris Ind. 56-360-020 71.69 49,626 0 49,626 0 Kastl 56-360-050 130.65 26,344 339,133 365,477 0 Browning&Ferris Ind. 56-360-240 53.86 113,344 0 113,344 0 Lemos 56-360-330 79.35 136,369 178,959 315,326 0 Babuin&Devincenzi 56-380-030 120 81,760 13,486 95,246 0 Sare 56-380-060 69.12 89,556 15,290 104,846 0 Wherry 56-380-080 7.82 62,356 46,138 108,494 0 Whe 56-380-090 29.09 137,186 72,332 209,518 0 Sare 56-382-010 50.16 8,683 0 8,683 0 Sare 56-430-010 160 0 0 0 0 Half Moon Land Co. 56-430-020 160 183,1141 17,585 200,699 0 Zioni 56-430-030 320 374,9571 0 374,957 0 Scull 56-440-010 160 98,004 0 98,004 0 Zioni 56-440-020 250.15 213,245 1,872 215,117 0 Zion HMBay Ltd.Prtnrsp 56-440-030 63.85 53,030 0 53,030 0 Pa a Total 3,581 Page 1 of 4 Regional R-97-65 Meeting 97-11 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT April 23, 1997 AGENDA ITEM Approval of Revisions to the Personnel Policies and J 1f ocedures Manual GENERAL MANAGER'S RECOA!IMENDATION r Adopt the attached revisions to the Personnel Polici andedur s r oactive to April 1, 1997. DISCUSSION At your meeting on March 26, 1997, you approved the Memorandum of Agreement with Local. 715 (see report R-97-49), and salary and benefit changes for office, supervisory, and management staff (see report R-97-53) effective April 1, 1997. The Memorandum of Agreement included several changes which staff is proposing be incorporated into the Personnel Policies and Procedures Manual. Staff is also proposing a minor change to Section 6.5(a) Employee Disability/Family Care Leave to bring it into compliance with current law, and a change to Section 7.7 Reimbursement for Professional Dues and Memberships to enable the General Manager to assign staff to participate in certain professional organizations at District expense when there is a clear benefit to the District. The recommendation is that these changes to the Personnel Policies and Procedures Manual be made effective retroactive to April 1, 1997 to coincide with the effective date of the salary and benefit changes you approved at your March 26, 1997 meeting. The only cost implication to the retroactive effective date will be a nominal total amount of$25 for reimbursement of employee contributions to the second least expensive family medical plan (see Section 6.1 below). Following is a description of each of the proposed revisions. Also, attached is the actual text of the revisions in the Personnel Policies and Procedures Manual. Deletions are shown as strike-outs, and new wording is highlighted in gray. Section 5.9 Uniform Compensation for Supervisory Ranger Staff (NEW SECTION) (b) Allowance Amount Establishes the uniform allowance amount at $273 effective April 1, 1997, increasing by five percent (5%) per year thereafter. (i) Bicycle Patrol Uniforms The District will provide each Supervising Patrol Ranger one pair of long bicycle pants and one bicycle jacket. Section 6.1 Benefit Plans (a) Medical Insurance Pay an increased amount not to exceed $15 per month toward the cost of the second least expensive family medical coverage. HO Distel Circle * Los Altos, CA 94022-1404 * Phone:415-691-1200 FAX:41 5-691-0485* E-mail: mrosd a openspace.org . Web site:www.openspace.org ft� Bomd of Diwdois fete Siemens, May C. Davey,Jed Cyr, David T.Smernott,Nonette t i inko, Betsy Crowder, Kenneth C. Nitz , General Manager:L.Craig Britton (g) Retirement (NEW SECTION) Add the 2% at 55 local miscellaneous retirement plan. (h) Section 125 Cafeteria Plan (NEW SECTION) Add a Section 125 cafeteria plan which includes reimbursement of dependent care and health care expenses on a pre-tax basis. Section 6.2 Holidays and Personal Leave (h)(4) Change to January 31 the date upon which any time remaining in the holiday bank from the previous year is paid out in cash. Section 6.3 Vacation (b) The former Section (b) can be deleted since it is now obsolete; the schedule listed in Section 6.3(c) becomes Section 6.3(b) and applies to all current and future employees. Section 6.4 Sick Leave (k) Requires an employee who has exhausted sick leave to request a disability leave of absence without pay or a sick leave advance, or to use other accrued leave to cover a sick leave absence. (1) Clarify the conditions and procedures for requesting a sick leave advance. Section 6.5 Leave of Absence Without Pay (a) Employee Disability/Family Care Leave In order to comply with both the Family Care and Medical Leave Act and Pregnancy Disability Leave, clarify that in cases of pregnancy the Employee Disability/Family Care Leave will be granted for a period of up to 7 months, depending upon the employee's period(s) of actual disability. Section 6.6 Leave of Absence With Pay (a) Bereavement Leave Add "aunt" and "uncle" to the definition of immediate family. (b) Witness or Jua Duty Clarify that only employees subpoenaed as a witness in work-related matters are eligible for witness leave. Section 6.7 Added Ranger Disability Coverage Change to 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 an employee who sustains and on-the-job injury covered by workers' compensation. Section 7.7 Reimbursement for Professional Dues and Memberships Memberships in professional organizations such as National Recreation and Park Association (NRPA), California Park and Recreation Society (CPRS), and Land Trust Alliance are beneficial to the District. This change would provide that in cases where an employee is required by the General Manager to join a professional organization such as those listed above, the District will pay the full cost of the membership dues. The Administration and Budget Committee approved this recommendation in concept at their March 19, 1997 meeting, and directed the General Manager to bring it to the full Board for consideration. Prepared by: Deirdre Dolan, Acting Administrative Services Manager Contact person: Same as above Page 17 (d) Regular work timecards, which record all hours worked or for which compensation is requested (e.g., holiday, vacation, sick, or personal leave time)for each pay period, shall be approved by the appropriate Section or Program Leader prior to submittal to the Administrative Services Manager for payroll preparation. (e) An employee, due to exceptional personal circumstances of extreme hardship, may request a payroll advance equivalent to 90% of the employee's estimated net pay for work already performed, and in the case of an employee going on vacation for accrued vacation time or other leave time already earned which will be used during the vacation. All requests must be made in writing to the Administrative Services Manager and shall normally take two workweeks to process if approved. Requests will be evaluated on a case-by-case basis. Section 5.9. Uniform Compensation for Supervisory Ranger Staff WNINSWO, (a) New Hires - Newly-hired employees working in the classifications of Operations Manager, Area Superintendent, Supervising Patrol Ranger and Supervising Construction and Maintenance Ranger will receive their initial regular uniform items from the District at no cost to the employee. The list of regular uniform items will be as follows: 1) 1 uniform straw hat (includes hat band, chin strap and rain cover) 2) 3 long sleeve uniform shirts 3) 3 short sleeve uniform shirts 4) 1 uniform jacket 5) 1 uniform insulated vest 6) 1 uniform basket weave leather belt 7) 3 pairs uniform twill pants 8) 1 pair uniform hiking shorts 9) 2 pairs uniform socks 10) 1 uniform cap 10 (b) Allowance Amount - f 0. The District will pay any additional cost for oversized uniform items that are commercially available(not custom or tailored items). (c) Eligibility/Prorating-Employees 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 will be prorated based on a full year's allowance. (d) Full Allowance-Employees will have access to a full year's uniform allowance on April 1 following their probationary period completion date and every April 1 thereafter. (e) Direct Use and Responsibilit. -Employees will use the uniform allowance directly with vendors,without prior approval from supervisors. It will be the employees' responsibility to monitor the use of their own allowance; any expenditures which exceed the allowance must be reimbursed to the District. (f) Provided Items (No Cost) - In addition to the uniform allowance in Section (a) above, the District will continue to provide items it has provided in the past at no cost to the employees. All items covered by this section remain the property of the District and will be returned to the District upon separation from District employment. Page 18 (g) Boots,Coveralls,Raincoats and Rainpants-In addition to Section(a)above,the District agrees to provide work boots, coveralls, and adequate rainpants and adequate hooded raincoats to the employees. These items will be replaced at the request of the employee, on approval of their immediate supervisor. The District agrees to provide steel-toed work boots at the employee'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. (h) Boot Replacement - As to replacement of boots, there will be an option to rebuild rather than replace under the following conditions: 1. In the event the immediate 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: (a) This option will not apply to the first pair of boots any worker seeks to replace under this Article; and (b) A single pair of boots may be rebuilt at the supervisor's option only once. 2. Employees may opt to rebuild the same pair of boots, without limitation, and pay for the repairs from the uniform allowance. This employee option will be completely separate and independent from the District's obligation to replace the boots with a new pair. �111� WOM,WAI Page 19 ARTICLE 6. BENEFITS Section 6.1 Benefit Plans Each regular full-time District employee shall be entitled to receive the following benefits. Medical, dental, and vision care benefits for regular part-time(one-half time or greater)employees will be provided on a pro rata basis. (a) Medicallnsurance The following medical plans are available to District employees: 1) Kaiser - "S" coverage; 2) FHP TakeCare; and 3) Santa Clara County Preferred 100 Plan as provided to the District as a sub-group of Santa Clara County. The District will provide basic medical insurance coverage for all employees and dependents. The District will pay the full premium for the second-least expensive individual coverage of the three listed above, and the full remium for the least expensive familycoves a of the three listed above- If i If the premiums for the medical plan selected by the employee exceed the base premium rates for the provided medical insurance coverage listed above, the employee shall be responsible for paying the difference in the cost of the premiums through bi-weekly payroll deductions. If an employee is currently covered under a private or a spouse's medical plan, basically equivalent to that provided by the District, the employee is eligible to apply one-half of the base single medical premium amount to 1)optional benefit costs and premiums and/or 2)the District's deferred compensation program in his or her name. If an employee retires from the District, the employee 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 will 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 is defined as in Section 6.4. (b) Dental Insurance The following dental plan is available to District employees: Delta Dental Plan as provided to the District as a sub-group of Santa Clara County. The District will provide basic dental insurance coverage for all employees and their dependents, and the base premium will be paid by the District. If an employee is currently covered under a private or a spouse's dental plan, basically equivalent to that provided by the District, the employee is eligible to apply one-half of the base dental premium amount to 1) optional benefit costs and premiums and/or 2) the District's deferred compensation program in his or her name. The District will provide same-sex domestic partner dental coverage in the plan listed above, if the plan allows for domestic partner enrollment. Domestic partner is defined as in Section 6.4. (c) Vision Care The following vision care plan is available to District employees: Vision Service Plan as provided to the District as a sub-group of Santa Clara County. The District will provide basic vision care coverage for all employees and their dependents, and the base premium will be paid by the District. The District will provide same-sex domestic partner vision coverage in the plan listed above, if the plan allows for domestic partner enrollment. Domestic partner is defined as in Section 6.4. Page 20 (d) Life Insurance Basic life insurance coverage equivalent to one times annual salary will be provided by the District and the premiums will be paid by the District. Supplemental life insurance and accidental death and dismemberment insurance are available to employees as optional benefits. The premiums for optional benefits are to be paid by the employee. (e) Long Term Disability Insurance The District will provide long term disability insurance coverage for all employees, and the premium will be paid by the District. (f) Employee Assistance Program The District will provide an employee assistance program for all employees and their dependents, paid for by the District. WiMMWAX: A Section 6.2. Holidays and Personal Leave Holidays (a) The eleven paid holidays to be observed each year by administrative office staff and area superintendents shall normally consist of: New Year's Day Martin Luther King Jr. Day Presidents' Day Memorial Day Independence Day Labor Day Veterans' Day Thanksgiving The day after Thanksgiving Last workday preceding the Christmas Day observance Christmas Day The eleven and one-half paid holidays to be observed each year by supervising rangers shall normally consist of: New Year's Day Martin Luther King Jr. Day Presidents' Day Memorial Day Independence Day Labor Day Columbus Day Veterans' Day Thanksgiving Page 21 The day after Thanksgiving Last four hours of last workday preceding the Christmas Day observance Christmas Day (b) Regular part-time employees are eligible for the same paid holidays on a pro rata hour basis according to the average number of hours they work. (c) An employee who is in paid status the day before and after a holiday shall be eligible for paid holiday benefits as described herein. (d) If a paid holiday falls on Saturday, the holiday shall be observed on the preceding Friday. If a paid holiday falls on Sunday, the holiday shall be observed on the following Monday. For employees scheduled to work Saturday and Sunday, holidays will be observed on the actual day they occur. (e) Holidays which occur during an employee's vacation shall not be charged against vacation time. (f) An employee who works on a scheduled holiday has three choices for compensation: 1. One and one-half times the regular rate of pay plus a replacement holiday within the following two weeks, provided the supervisor and the employee can reach mutual agreement on the replacement day. 2. One and one-half times his or her normal pay plus the corresponding number of hours added to his/her holiday bank. 3. Two and one-half times his or her normal pay. (g) When a holiday falls on a regularly assigned day off, a non-exempt employee will receive the corresponding number of hours in his/her holiday bank. (h) 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 employee shall be allowed to use the balance subject to #3 below. (2) Employees may use accumulated holiday time to cover portions of scheduled vacations. (3) Employees who wish to schedule time off covered by the holiday bank shall submit requests to their supervisor. 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" /r/ year shall be aid to the employee in cash at the current rate of pay. g=, (5) Employees who terminate during the calendar year shall be paid for all time remaining in their holiday bank at the current rate of pay. (i) The General Manager may grant, with the appropriate Program Leader's recommendation, permission to an employee to work on a designated holiday in exchange for taking another regular work day off. The employee shall be compensated at his or her regular hourly rate for each hour worked. Page 22 Personal Leave (j) Regular full-time administrative office staff and area superintendents shall be eligible for twenty hours personal leave time each calendar year. Regular full-time supervising rangers shall be eligible for sixteen hours personal leave time each calendar year. Regular part-time employees shall be eligible for a pro- rated number of hours of personal leave time according to the average number of hours worked. (k) With forty-eight hours' advance notice and supervisor approval, an employee may use personal leave hours 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, no reason for use of personal leave need be given. (1) Personal leave hours must be taken in one hour minimum increments and cannot be carried over from one calendar year to another. (m) Employees will not be reimbursed for unused personal leave hours at the time they terminate District employment. If an employee terminates during the year, having used more personal leave hour than the portion of the year worked, the employee will reimburse the District the difference. (n) An employee hired during the course of a calendar year, will receive a pro-rats number of personal leave hours for the remainder of that calendar year. Section 6.3. Vacation (a) All regular District employees shall accrue vacation time with full pay according to their date of hire, hours worked, and the provisions of the probationary period. All regular part-time District employees shall accrue vacation time on a pro-rata basis in accordance with the number of hours paid, exclusive of overtime. M! regular Distriet employees employed before August 15, 1991 shall seerde fully paid vaeation Yeam-of Aeel-Per- Days Serviee Hour Paid Well Time)* 1 n 0.05769 hf. 15 10 14 0.0769.2 hr. 20 i3 19 0.08077 hr. N *Days�year fief pao fifne regular empleyees will be autematietAly pro rated to game pef eentage m theit-hours per week bear to_410-17 (Well regular District employees hired on or after August 15, 1991 shall accrue full-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 Page 23 20 - 24 0.08846 hr. 23 25+ 0.09615 hr. 25 *Days/year for part-time regular employees will be automatically pro-rated to the same percentage as their hours per week bear to 40. 00, Employees may accrue up to two times the amount of their annual vacation time without loss of vacation days. Employees 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. {eM Employees are not entitled to use accrued vacation time during their probationary period unless special permission is granted by the employee's Program Leader. Employees who have worked more than six months but less than twelve months for the District may request permission from their Section and/or Program Leader to use their accrued vacation time. Special consideration of vacation needs of employees can be considered on a case by case basis by the Section and/or Program Leader upon request. Vacation shall not normally be taken in increments of less than four hours for full-time employees or one- half the length of a regular workday for part-time employees. Section and/or Program Leaders or their designee shall approve vacation requests from their respective staff members with due consideration for the desires of the entire staff and for the work requirements of the section. Vacation schedules may be altered to allow the section to meet emergency or unanticipated situations. 41N Upon termination, employees shall be compensated at their current hourly rate of pay for any vacation accrued but not used. Terminating employees will receive their vacation cash-out with their final paycheck. Employees are not eligible to accrue vacation during a leave of absence without pay. Employees are eligible to accrue vacation during a leave of absence with pay. In the event a temporary employee is hired to fill a regular staff position, the employee will be able to apply the amount of time he or she was a temporary employee toward his or her vacation accrual rate. Section 6.4. Sick Leave (a) All regular District employees shall accrue sick leave with full pay at a rate of 0.04615 hours per hour paid, exclusive of overtime, for a total of 12 days per year for full-time employees. Sick leave shall accrue from the date of employment and may be accumulated on an unlimited basis. (b) Employees are eligible to use sick leave for the following reasons: (1) Personal illness or physical disability. (2) Quarantine by a physician. (3) Illness or disability of an immediate family member or domestic partner requiring the employee to be unavailable for work, subject to (g) below: (4) Worker's Compensation. (5) Health care appointments. (c) Sick leave shall be recorded on the employee's time card. Sick leave must be used in increments of one hour except for health care appointments. - Page 24 (d) Sick leave may be used for health care appointments including medical, dental, vision or employee assistance program appointments. 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. (e) Any employee who is unable to report to work because of any of the reasons set forth in Section 6.4 (b) shall report the reason for absence to his or her supervisor by the designated starting time each day he/she is unable to report to work unless physically unable to do so. Sick leave with pay may not be authorized for compensation unless such a report is made. For a prolonged illness, special arrangements regarding notifying a supervisor may be made. (f) Upon resignation, separation from service, or retirement from District employment, employees in good standing with ten(10)or more years of District employment will receive a cash payment of the equivalent cash value of accrued sick leave as follows: Years of employment Percentage of equivalent cash value of accrued sick leave 10-15 20% 16-20 25% 21 or more 30% (g) An employee may use up to six sick leave days per year to care for a member of his/her immediate family or his/her domestic partner, requiring the employee to be unavailable for work. Immediate family is defined as an employee's husband, wife, son, daughter, father, mother, brother, sister, grandmother, grandfather, father-in-law, mother-in-law, and any relative of the employee living in the employee's household. For purposes of Section 6.4, the domestic partner of an employee is defined as an unmarried person who resides with the employee and has done so for a period of at least sic months, and who intends to reside with the employee 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." (h) If an employee is ill on a designated paid holiday, the holiday shall be charged as holiday time and shall not be charged against sick leave. (i) An employee who is injured or becomes ill while on vacation may petition the Personnel Officer to be paid for sick leave in lieu of vacation provided that the employee: 1) was hospitalized during the period for which sick leave is claimed, or 2) 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. (j) An employee absent on paid sick leave five days or more will be required to submit to the appropriate supervisor verification from a physician or licensed practitioner of his/her illness or injury and ability to return to work. An employee absent on paid sick leave three days or more in order to care for an immediate family member or domestic partner under Section 6.4(g) will be required to submit to the appropriate supervisor verification from a physician or licensed practitioner of the family member's or domestic partner's illness or injury and the inability of that person to care for their needs independently. (k) If an employee uses all of his or her accrued sick leave, the employee may request his or her accrued vacation leave be deducted for each day absent due to illness or injury. In the absence of accrued vacation time,the ; if the tmpaid i Page 25 N&9404WI14 WA rl"A (1) p to 10 da s of sick leave ma be advanced to a worker b the General Mana er on a case-b -case basi e pon termination, the employee must reimburse the District for any advanced sick leave not covered by subsequent accrual. (m) Abuse of the sick leave privilege shall be cause for disciplinary action. Section 6.5. Leave of Absence Without Pay (a) Employee Disability/Family Care Leave In the event a regular District employee is unable to perform the duties of his or her position because of illness, injury, or pregnancy, a disability leave of absence without pay will be granted. In addition, a regular District employee who has been in the service of the District for at least one year will be granted a family care leave of absence without pay for the birth or adoption of a child, or care of the employee'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. (1) The employee disability/family care leave will be granted for a period not to exceed four months. An extension on a month to month basis of up to an additional eight months in be ranted b the General Mana er, u on written r uest on a case b case basis. (2) Any employee requesting such a leave shall make the request in writing to the General Manager and attach supporting statements from the attending health care provider regarding the employee's or family member's health condition. Such statements must indicate that the duration of the leave requested is necessary for the employee's recovery from the disability, or for the care of the family member. (3) An employee on employee disability/family care leave, during the time he or she is on leave, may use accrued vacation and sick leave, subject to any restrictions on use of sick leave to care for family members in Section 6.4(g). During the period the employee on leave 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. (4) 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 regular District employees up to a maximum of three months while the employee is on an employee disability/family care leave of absence without pay. If the leave extends beyond the three months, the employee may elect to continue such benefits for the duration of the leave, and premiums for such extended coverage shall be paid by the employee. Such extension(s)of coverage shall be subject to any restrictions in the applicable benefit policy or plan. Page 26 (5) If the leave is for the employee'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 [1] above), provided it is medically necessary, can be scheduled without adversely affecting the operations of the District, and is approved by the General Manager. (b) General Leave for Other Than Disability or Family Care A leave of absence without pay and benefits for a period of at least six days but not to exceed six months may be granted a regular District employee who has been in the service of the District for at least one year, provided such a leave can be scheduled without adversely affecting the operations of the District. Request for such a leave shall be directed in writing to the General Manager and shall contain justification for the leave. A short-term leave of absence without pay for up to five days per fiscal year may be granted a regular District employee who has successfully completed the probationary period and who has no more than two weeks of vacation accrued at the time of the commencement of the leave, provided such a leave can be scheduled without adversely affecting the operations of the District. Requests for such a leave shall be approved by the employee's program manager. If the approved leave of absence is more than five working days but less than four weeks, the employee will be required to reimburse the District for the pro-rata share of the employee's benefit costs. If the approved leave of absence exceeds four weeks, the employee may, to the extent available under the applicable plan,elect to continue health, dental,life insurance, and other insurance benefits,in which case premiums for such extended coverage shall be paid fully by the employee. (c) Adjustment of Anniversary DateNacation Accrual: If an employee is on leave of absence without pay in excess of twenty working days, the employee's anniversary date for purposes of evaluation, pay increases and vacation accrual shall be extended by the number of days included in the period of leave without pay. Section 6.6. Leave of Absence With Pay (a) Bereavement Leave: A leave of absence with pay not to exceed three consecutive working days will be granted a regular District employee in the event of the death of a member of the employee's immediate family. The Administrative Services Manager may allow the use of accrued sick leave for up to two days to supplement the three days of bereavement leave when travel to distant locations or other circumstances require the employee's absence in excess of three days. For purposes of bereavement leave, "immediate family" shall mean the mother, father, grandmother, grandfather, son or daughter��i,�� of the employee or the spouse or domestic partner of the employee as defined in Section 6.4(g), and the spouse, son-in-law, daughter-in-law, brother, sister, grandchild, brother-in-law or sister-in-law of the employee, or any relative living in the immediate household of the employee. (b) Witness or Jury Duty: A leave of absence with,,/a' will be ranted a re ar District em to ee subpoenaed as a witness / � � or called for jury duty as long as any compensation the employee receives for such duty, except for meal and mileage reimbursements, is waived or signed over to the District. Regularly scheduled worktime lost because of such duty shall not affect the employee's accrual of vacation, sick, or personal holiday time. (c) Mililga Leave: A regular employee 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 the employee receives bona fide orders to temporary active or 1 • :j••��:.ir-1��i:•iin.��1�A�25'J1% %�i ;.<,"'� f h.:�i$/.3-'A '/ PM /.�i�%.J:'j�.•`4' i i yy�E r �5 ,�5.•r'h•h'S/s/4 ;%,u/55� s:/ ,;,./i,;�/. ,�.r..r'y:.'.�, .:�a,�..,'..h s...�/..�,,.�/y..,:�c'...��..:,• r r 1 ,/. �y, is i r'/' ✓,SG. /S"4;�, �. y'ry n:/h ShG: i' /' 1 • . 1 1 /111 ! 1 ! 1 1 ' /' • 1 1 1 1 1 • • i 1 1' / Page 33 General Manager. Permission shall be granted on the basis of the employee's participation in or the direct relation of the employee's work to the subject matter of the gathering. Members of professional organizations and/or societies may be permitted to attend regular meetings of the organization and/or society when such attendance is considered to be in the best interest of the District. Employees shall not be compensated for time in attendance or travel to and from a conference, convention, or meeting in excess of eight hours per day since employees are not required to attend such activities and since they benefit personally from such participation. Section 7.7. Reimbursement for Professional Dues and Memberships The District will, for each General Manager appointee and within budget approved by the Lard of Directors, reimburse the lesser of$100 or one-half of annual dues or membership(s) in professional organization(s) (total per employee per year). Any such reimbursed dues or memberships must be shown to be of substantial direct benefit to the District as to increased knowledge and job skills. Additionally, it must be shown that the District will save at least as much money in membership discounts by virtue of reduced conference, training and seminar fees, and cost of books for members as o sed to non-members for such events as would have otherwise been attended. Subject to budget availability, the District will pay the cost of a license or registration for an employee when the employee is required to perform a service for the District for which the license is legally required, provided that the employee uses this license or registration for the exclusive benefit of the District. This reimbursement is based upon the District's requirement for the use of the license, and not merely because the employee possesses a license. Section 7.8. Time Off to Vote (a) If a voter does not have sufficient time outside of working hours to vote at a statewide election, the voter may, without loss of pay, take off enough working time which, when added to the voting time available outside of working hours, will enable the voter to vote. (b) No more than two hours of the time taken off for voting shall be without loss of pay. The time off for voting shall be only at the beginning or end of the regular working shift, whichever allows the most free time for voting and the least time off from the regular working shift, unless otherwise mutually agreed. (c) If the employee on the third working day prior to the day of election, knows or has reason to believe that time off will be necessary to be able to vote on election day,the employee shall give the employer at least two working days written notice that time off for voting is desired, in accordance with the provisions of this section. Said written notice should explain why the employee does not have sufficient time outside of his or her working hours to vote and should be forwarded to the Administrative Services Manager via the employee's supervisor. dftr it ieji. 1)Mj In-i IMM)"C1.1 Mr. Steinmetz pries hoards up from the floor of the sunroom. Below:inside the house's grand entrance tower. Right: The dusty and cavernous music room boasts a glorious view. v` I i 70, arthl # lL Y, Environmentalists work to beautify a Woodside estate, raise awareness about protecting forests -stands n tall frees, Thornewood retains a Secluded 6eh�"aed but evident• beautY that is j Regional Open , MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-97-67 Meeting 97-11 April 23, 1997 AGENDA ITEM Approval of Salary Adjustment and Meritorious Pay Award for the General Manager and Approval of Amendment to General Manager's Employment Agreement AD HOC GENERAL MANAGER EVALUATION COMMITTEE'S RECOMMENDATIONS 1. As a result of the Board's evaluation of the General Manager's performance for the period of March 10, 1996 through March 9, 1997 and compensation review for the position, the Ad Hoc General Manager Evaluation Committee recommends a 3% meritorious pay award based upon the General Manager's current salary and a 3% cost of living salary adjustment retroactive to March 9, 1997. 2. Adopt the attached resolution amending the General Manager's Employment Agreement to reflect an adjusted salary of $98,195.62, a 3% meritorious pay award; and the inclusion of the PERS 2% at 55 retirement plan, and the Section 125 cafeteria benefit plan which includes reimbursement of dependent care and health care expenses on a pre- tax basis, as was approved for the office, supervisory, and management staff. DISCUSSION The Board conducted its annual evaluation of the General Manager's performance, and its compensation review for the position at its April 7, 1997 Special Meeting. The ad hoc General Manager Evaluation Committee, composed of Directors Davey, Siemens, and Hanko, was instructed to serve as the District's negotiator and was directed by the Board to meet with the General Manager to review his compensation. The Committee recommends, based on the General Manager's past performance, that the Board approve a 3% salary adjustment for the General Manager, retroactive to March 9, 1997, the anniversary date for his Employment Agreement. The Employment Agreement called for an annual salary review and contemplated a determination of an adjustment each anniversary date. Therefore a retroactive date for this adjustment is appropriate. This salary adjustment includes a cost of living adjustment, and is the same amount that all other District employees are receiving this current fiscal year. The General Manager's adjusted salary would be $98,195.62. 330 Distel Circle * Los Altos, CA 94022-1404 Phone:415-691-1200 FAX: 41 5-691 0485 0 E-mail: niros(l@o[)etisl)a(-e.org Web site: www.opetispace.org thmaf of fhrectots Pete Swinen,,Mary C.Davey,led Cyr,David 1.Smernoft, Nonette Hanko,Betsy Crowder Kenneth C.Nitz I General NI,m ger:L.Craig Britton R-97-67 Page 2 Based on the Board's review of the General Manager's performance during the evaluation period, the Committee also recommends that a 3% meritorious pay award ($2,860.07) be granted the General Manager. This award is not a salary adjustment, but rather is granted as a one-time award in recognition for performance during his year of service from March 10, 1996 through March 9, 1997. The Board is pleasedd with the General Manager's overall performance during the past year. Significant accomplishments included: suggested revision of Good Neighbor Policy and Public Notification Policy sent to Legislative, Finance, and Public Affairs Committee and approved by the Board; continued budget adherence to 6% growth guideline; sale of an imaginative new bond financing plan for new acquisitions; increased contacts with field staff; continued work with San Mateo County on funding plan; completed the process for a draft Mission Statement and Basic Policy and commencement of the meetings on the Regional Open Space Plan; increased District open space lands by nearly 400 acres both by direct purchase and alternative agreements; assisted with resolution of Portola Park Heights gate and Ridge Trail crossing issues; oversaw the sale of the Thornewood Surplus property for $600,000, secured a Save-the-Redwoods League Grant of$260,000 toward purchase of the Paul property; saw the completion of the Skyline Field Office; hired resource management specialist; shepherded completion of the El Corte de Madera trails plan with Phase I trail implementation, as well as some resolution of the Rhus Ridge parking situation; the first outdoor event at Skyline Ridge was successful as well as the 3rd annual Kids Art of Open Space; also, numerous presentations to the public and to elected officials were completed; and continued close association with POST in its carrying out of acquisition plans. As a result of these accomplishments, the Committee is making this meritorious pay recommendation. The Committee also recommends that the General Manager's Employment Agreement be amended to include certain benefits approved by the Board for the office, supervisory and management staff in March, 1997. This consists of the PERS 2% at 55 retirement plan, and the Section 125 cafeteria benefit plan which includes reimbursement of dependent care and health care expenses on a pre-tax basis. Submitted by: Ad Hoc General Manager Evaluation Committee (Directors Davey, Siemens, and Hanko) Contact person: Director Mary Davey RESOLUTION NO. A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING 1997-1998 SALARY ADJUSTMENT AND MERITORIOUS PAY AWARD FOR THE GENERAL MANAGER AND APPROVING AMENDMENT TO GENERAL MANAGER EMPLOYMENT AGREEMENT WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District entered into an Agreement, dated March 9, 1994, with L. Craig Britton employing him as the District's General Manager which agreement was amended; and WHEREAS, the Agreement provides for an annual review of the General Manager's performance and an annual compensation review; and WHEREAS, the Board has completed its annual review; and WHEREAS, the Board desires to adjust the General Manager's compensation to include a 3% salary adjustment, inclusive of a cost of living increase, retroactive to March 9, 1997, increasing his salary to $98,195.62 per annum; and WHEREAS, the Board, based on its annual review of Britton's performance, desires to grant him meritorious pay of 3% or $2,860.07 over and above Britton's current salary in recognition for performance during the previous year of service; and WHEREAS, the Board agrees as part of the General Manager's compensation review to provide the PERS 2% at 55 retirement plan, and the Section 125 cafeteria benefit plan which includes reimbursement of dependent care and health care expenses on a pre-tax basis; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District do authorize the President of the Board of Directors to execute the attached third amendment to the General Manager Employment Agreement on behalf of the Midpeninsula Regional Open Space District to increase the General Manager's salary to $98,195.62 per annum based upon a 3% salary adjustment, retroactive to March 9, 1997 and to include in the General Manager's benefit plan, the PERS 2% at 55 retirement plan, and the Section 125 cafeteria benefit plan which includes reimbursement of dependent care and health care expenses on a pre-tax basis as was approved in March 1997 for the office, supervisory, and management staff. BE IT FURTHER RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does grant the General Manager by adoption of this resolution 3% meritorious pay award in the amount of$2,860.07 over and above the General Manager's salary. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 74d Amendment to Employment Agre.___znt General Manager WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District entered into an Employment Agreement ("Agreement"), dated March 9, 1994, with L. Craig Britton employing him as the District's General Manager; and WHEREAS, the Agreement was last amended on June 12, 1996; and WHEREAS, the Agreement provides for an annual review of the General Manager's performance and compensation review; and WHEREAS, the Board has completed its annual review and desires to adjust the General Manager's current compensation to include a 3% salary adjustment, inclusive of a cost of living increase, retroactive to March 9, 1997, increasing his salary to $98,195.62 per annum; and WHEREAS, the Board wishes to include in the General Manager's compensation the PERS 2% at 55 retirement formula, and the Section 125 cafeteria benefit plan which includes reimbursement of dependent care and health care expenses on a pre-tax basis as was approved in March 1997 for the office, supervisory, and management staff; NOW, THEREFORE, the parties agree that the Agreement shall hereby be modified as follows: 1) Effective retroactively to March 9, 1997, Section 3(a) is hereby amended to read as follows: (a) SalaU. As compensation for the services to be performed hereunder, Britton shall receive a salary at the rate of$98,195.62 per annum beginning March 9, 1997. District's Board of Director's (the "Board") shall review Britton's performance and salary annually. 2) Effective retroactively to April 1, 1997, Section 3(e) is hereby amended to read as follows: (e) Upon amendment of its contract with the California Public Employees' Retirement System, District shall provide Britton the local miscellaneous 2% at 55 Retirement Plan. District shall pay on behalf of Britton both the employer and employee required contribution to this Plan. 3) Effective retroactively to April 1, 1997, Section 3(h) is hereby amended to add the following sentence at the end of Section 3(h): (h) Benefit Plans. The District agrees to provide the cafeteria plan in accordance with Internal Revenue Code Section 125 in accordance with Article 6 of the District's Personnel Policies and Procedures Manual. It is further agreed that in all other respects the Agreement is hereby ratified and reaffirmed. In witness whereof, the parties have executed the Amendment this day of 1997. By: Mary Davey, President L. Craig Britton, General Manager Regional Open .,'- ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-97-80 Meeting 97-11 April 23, 1997 AGENDA ITEM Approval of Meritorious Pay Award for the District Legal Counsel and Approval of Amendment to Legal Counsel's Employment Agreement AD HOC LEGAL COUNSEL EVALUATION COMMITTEE RECOMMENDATION 1. As a result of the Board's evaluation of the Legal Counsel's performance during Fiscal Year 1996-1997, the Ad Hoc Legal Counsel Evaluation Committee recommends a 5% meritorious pay award based upon current salary. 2. Adopt the attached Resolution amending the District Legal Counsel's Employment Agreement to include certain benefits, including benefits previously approved for the office, supervisory and management staff, including the 2% at 55 Retirement Plan. DISCUSSION In March, 1996, the position of District Legal Counsel was established as a half-time employee position. The Board approved a District Legal Counsel Employment Agreement which provided for an annual review of the performance of Legal Counsel. Based upon that review, a meritorious pay award may be granted ranging from 0% to 5% of salary. Meritorious pay is not a salary adjustment but rather recognition for meritorious performance during the previous year of service and is based upon current salary. On April 7, 1997, the Board conducted the annual evaluation for the District Legal Counsel. The Board instructed its evaluation committee, Directors Davey, Hanko and Siemens, to meet with Legal Counsel and discuss compensation for the upcoming year. The Committee recommends that the Board approve a 5% meritorious pay award for Legal Counsel based upon the performance review and major projects successfully completed last year. The Board recognizes the meritorious performance of the District Legal Counsel and the significant and complex projects which were completed last year. These included drafting a model consultant contract for use by District programs, advice to all District programs on a variety of legal matters such as public works contracting and bidding, CEQA compliance, road and easement disputes, handling liability claims and risk management issues, advising the District regarding real property acquisition and disposition issues, and handling various personnel and labor relations issues, settlement of the Holmes litigation, and serving as the District's chief negotiator with Local 715. 110 Distel Circle * Los Altos, CA 94022-1404 ® Phone: 415-091-1200 FAX: 415-691-0485* F-mail: nirosd@ol)erisl)a(:e.org 0 Web site:www.ol)ensf)ace.org Board wDireaors:Pete Sieniens-1,0aw Dawy,4T]Cv, David T.Smernoff, Nanette Hanko, Betsy Crowder, Kenneth C. Nity I genera!M,mager:I.Craig Britton R-97-80 Page 2 The Committee also recommends that the District Legal Counsel's Employment Agreement be amended to update it to reflect the benefits currently available to the District's office, supervisory and management staff. This will include the sick leave conversion plan, the 2% at 55 retirement plan, and the Section 125 cafeteria plan. The District Legal Counsel's contract provides for $1,000 for continuing legal education training and seminars. It is proposed that this amount be increased to $1,500.00 to allow Legal Counsel to keep current on important legal matters which may affect the District. With respect to salary, Committee recommends that a salary survey be done for the position, as no survey has been done in conjunction with the creation of the position. Susan Schectman was hired as District Legal Counsel in May, 1994. There was no increase in her compensation during the two years she worked under a private retainer agreement. There have been no increases since she became a District employee. The Committee feels it is an appropriate time to take a look at salaries for comparable positions and to review the current workload for this position. The Committee will then report back to the Board with a recommendation regarding any compensation adjustment for this position. Submitted by: Ad Hoc Legal Counsel Evaluation Committee (Directors Davey, Siemens, and Hanko) Contact person: Director Mary Davey RESOLUTION NO. A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING A MERITORIOUS PAY AWARD FOR THE DISTRICT LEGAL COUNSEL AND APPROVING AN AMENDMENT TO DISTRICT LEGAL COUNSEL'S EMPLOYMENT AGREEMENT WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District entered into an Agreement, dated March 13, 1994, with Susan Schectman employing Schectman as the District's Legal Counsel; and WHEREAS, the Agreement provides for an annual review of the District Legal Counsel's performance and an annual compensation review; and WHEREAS, the Board has completed its annual review; and WHEREAS, the Board, based on its annual review of Schectman's performance, desires to grant her a meritorious pay award of 5% or $2,200.00 in recognition for performance during the previous year of service. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District do authorize the President of the Board of Directors to execute the attached First Amendment to the District Legal Counsel's Employment Agreement on behalf of the Midpeninsula Regional Open Space District to include in the District Legal Counsel's benefit plan the sick leave conversion program, the 2% at 55 Retirement Plan, the Section 125 cafeteria plan, and to increase the seminar and training allowance to $1,500.00 BE IT FURTHER RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does grant the District Legal Counsel by adoption of this resolution a 5% meritorious pay award in the amount of$2,200.00. First Amendment to Employment Agreement District Legal Counsel WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District entered into an Employment Agreement ("Agreement"), dated March 13, 1994, with Susan M. Schectman employing her as the District's Legal Counsel; and WHEREAS, the Agreement provides for an annual review of the District Legal Counsel's performance and compensation; and WHEREAS, the Board has completed its annual review and desires to adjust the District Legal Counsel's current compensation; and WHEREAS, the Board wishes to include in the District Legal Counsel's compensation the sick leave conversion plan, the PERS 2% at 55 retirement formula, and the Section 125 cafeteria benefit plan as was previously approved for the office, supervisory, and management staff. NOW, THEREFORE, the parties agree that the Agreement shall hereby be modified as follows: 1. Section 5(c) is hereby amended to read as follows: C. In recognition of the importance of continuing public agency law education to the Attorney's effective representation of the District, Attorney may attend relevant professional seminars such as League of California Cities City Attorney conferences at a cost not in excess of$1,500.00 per year for travel, meals, lodging and conference expenses. Other District related legal education or travel expenses may be approved by the District when deemed in the best interest of the District. 2. Section 5(d) is hereby amended to read as follows: D. Attorney shall receive the medical, dental, vision, life insurance, long term disability insurance, deferred compensation, sick leave conversion and Section 125 cafeteria plan benefits available to employees of the District on the same terms available to those employees. Except for medical insurance coverage and long term disability coverage, for which District will pay full premiums, such benefits shall be pro-rated and District shall pay 50% of any applicable premiums for each benefit. 3. Section 5(e) is hereby amended to read as follows: Upon amendment of the district's contract with CalPERS, the District will provide to District Legal Counsel the 2% at 55 Retirement Plan and will pay the employer and employee required contribution for such plan. It is further agreed that in all other respects the Agreement is unmodified and shall continue in full force and effect. In witness thereof, the parties have executed the Amendment this day of 1997. By: Mary Davey, President Susan M. Schectman, District Legal Counsel Regional Open ,' ace s R-97-73 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-11 April 23, 1997 AGENDA ITEM Amendment to Real Property Acquisition Agreement and Grant of Easement to the Town of Portola Valley for Repairs to Alpine Road (Windy ill Open Space Preserve) GENERALMANAGER'SMME Adopt the attached Resolutio p rp ovmg endmen to t e Real Property Acquisition Agreement dated February 12, 1997 with the Town of Portola Valley for slope repairs to Alpine Road and authorizing execution of an easement for installation of slope improvements adjacent to Alpine Road. DISCUSSION On February 12, 1997 you approved a Real Property Acquisition Agreement, authorized execution of a Permit to Enter, and granted an easement to the Town of Portola Valley to repair Alpine Road at two locations along Corte Madera Creek in the District's Windy Hill Open Space Preserve (see Report R-97-17). The attached map shows the locations of the two repair sites. A subsequent landslide at Site 1 requires additional slope stabilization over a larger area of District land. The permanent slope easement at this site has increased from 1,050 square feet to 8,400 square feet. The proposed repairs at Site 2 remain unchanged. The Town needs the additional easement area at Site 1 to stabilize the slope embankment at Alpine Road and construct a gabion retaining wall along Corte Madera Creek. To protect the larger area impacted by these revised slope improvements, the Town has agreed to the following additional measures on District land: 1. Revegetate the slope areas with a native hydromulch mix; and 2. Replant Site 1 with California Bay Laurel trees and monitor for a period of three (3) years to ensure their successful reestablishment. All other conditions of the original Agreement and Permit to Enter remain in effect. As part of this amended agreement, the Town has returned the original unrecorded Easement Deed to the District. A new Easement Deed with additional language assuring the protection measures listed above will be executed by the District and recorded. Prepared by: Michael C. Williams, Real Property Representative 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 WINDY HILL OPEN SPACE PRESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT .................... ........................ 0 ................. ................. ...ma"O A RON ,. ON ........... ............... SausalPond ....... ... ........... ........ ............. .6 g�!! livi EVE, ................. .......... ................. Ile almoment mxllllili lii:11,oli ................. 12' �6, ra- mum �iq tilag T -------------- 211 i i Et 1400 Is I MOM /HO1) 0 Ell (w 0 0 n..igg,-m. 0.7 /- ----- Elm .--..-.�nniverslry Trail .......... SITE ........... 26 Su #2! �ATrns Gulch Tra some : R.iii ................ oliiii; ........................ ................ C R............. Y! .ff ..... Vol mom0:- .... ........................ �f:,0'.XX-X-X� P)(WH02) NO 14 ...... ...... ......... --%,L.�t Trail 7Z A' QU ........................................ I No IBM ....... &SQMr f,WW4 i i ji 0.4 N1`11 No ORO;:;: I'A .... ........... ................... ............. ............. mom am mom. m2s:s2iiiiiiiiii! ION EN ............. iliiif .......... . ......... .............. . . ....... ... ......... .... 0.0 1 .2 .3 .4 5 .6 .7 .8 .9 1.0 (4/26/95) 3/05/97 One Mile RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING AND AUTHORIZING ACCEPTANCE OF AN AMENDMENT TO REAL PROPERTY ACQUISITION AGREEMENT DATED FEBRUARY 12, 1997, AUTHORIZING THE PRESIDENT OF THE BOARD OR OTHER APPROPRIATE OFFICER TO EXECUTE A REVISED EASEMENT DEED TO TOWN OF PORTOLA VALLEY AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING THE TRANSACTION (WINDY HILL OPEN SPACE PRESERVE - TOWN OF PORTOLA VALLEY) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The Board of Directors of the Midpeninsula Regional Open Space District does hereby accept an Amendment to the Real Property Acquisition Agreement with the Town of Portola Valley dated February 12, 1997 for slope repairs to Alpine Road, a copy of which is attached hereto and by reference made a part hereof, and authorizes the President or appropriate officers to execute the Agreement Amendment on behalf of the District. Section Two. The President of the Board or other appropriate officers are authorized to execute the revised Easement Deed granting the real property interests being conveyed by the District. Section Three. The General Manager is further authorized to execute any and all other documents necessary or appropriate to the closing of the transaction. Section Four. The Board of Directors finds that the granting of this property interest is in accordance with the Basic Policy of the District and is not detrimental to the open space character of Windy Hill Open Space Preserve, and will further the purposes of the District. Section Five. The Board of Directors finds and determines that, pursuant to Section 5540.6 of the Public Resources Code of the State of California, the granting of this Easement is consistent with its primary use as open space. RECORDING REQUESTED BY: Town of Portola Valley WHEN RECORDED MAIL TO: Town of Portola Valley Attn: Town Engineer 765 Portola Road Portola Valley, CA 94028 DULY RECORDED WITHOUT FEE NO TRANSFER TAX DUE Pursuant to Government Code PUBLIC AGENCY ACQUIRING TITLE, Sections 6103, 27383. CALIFORNIA REVENUE AND TAXATION CODE SECTION 11922 By: EASEMENT DEED Midpeninsula Regional Open Space District is the owner of certain real property situated in Town of Portola Valley, County of San Mateo,State of California, which is a portion of Assessor's Parcel Number 78-340-07 which is part of the District's Windy Hill Open Space Preserve and is more fully described in Exhibit I which is incorporated herein by this reference as if fully set forth("the Grantor Property"). For the public benefit and to protect adjacent open space lands,the Midpeninsuls Regional Open Space District, a California special district,hereby grants an easement to The Town of Portola Valley, a General Law City, County of San Mateo,State of California over the Grantor Property as described in Exhibit I,attached hereto and incorporated herein by reference. The easement granted herein is subject to the following conditions and covenants: 1. Character and Puroose of Easement. The easement granted herein is a non-exclusive slope easement for the purpose of maintaining the slope upon the grantor property, which purpose shall include the installation,repair and maintenance of retaining walls,drainage facilities and other improvements for slope maintenance. 2. Maintenance and Construction Costs. Town of Portola Valley shall have the sole responsibility to repair and maintain the slope easement and any improvements or facilities constructed or installed by the Town on the slope easements conveyed herein including the replanting,maintenance and monitoring of California Bay Laurel trees,native grasses and forbs on the slope easement promptly following construction or maintenance dome pursuant to this easement. 3. Open Space Purposes. This easement is conveyed upon the condition that the District property continue to be used for open space purposes and the Town will not convey any interest in the easement without the consent of a majority of the voters of the District pursuant to Public Resources Code Section 5540.8. STATE OF CALIFORNIA Midpeninsula Regional Open Space District COUNTY OF By: MARY DAVEY On before me, President, Board of Directors Personally appeared ❑personalty known to me-OR-O proved to me on the basis of satisfactory evidence to be the personts)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shehhsy executed the same in ha/her/their authorized capacitylies), and that by his/herttheir signature(s) on the instrument the persontel,or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. 04/04/1997 09:23 4153634832 CAP PROD/REAL PROP PAGE 02 -- California Project: Alpine Road Slide Repair 1997 Parcel Nos.: 3, 4, 5 and 6 Grantor: Midpeninsula Regional Open Space District AMENDMENT OF REAL PROPERTY ACQUISITION AGREEMENT BETWEEN MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AND THE TOWN OF PORTOLA VALLEY This Amendment of Acquisition Agreement is by and between the MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a California special district (hereinafter "DISTRICT") and TOWN OF PORTOLA VALLEY, California, a general law city, ("COUNTY"), who mutually agree as follows: RECITALS A. DISTRICT and TOWN entered into a Real Property Acquisition Agreement dated February 12, 1997, in which Town acquired from District, and District conveyed to Town slope easements (2), designated as Parcels 3 and 6, for road repair purposes in conjunction with Town's Alpine Road Slide Repair Project. Said Real Property Acquisition Agreement is attached hereto and incorporated herein by reference as Attachment I. B. DISTRICT and TOWN entered into a Permit to Enter Agreement, attached to said Acquisition Agreement as Exhibit "B" and dated February 12, 1997, in which District granted permission to Town to use two areas, designated as Parcels 4 and 5, on a temporary basis for the road repair construction in conjunction with Town's Alpine Road Slide Repair Project. Said Permit to Enter is attached hereto and incorporated herein by reference as Attachment C. Subsequent to execution of the Agreement the slide area on Site I (referred to in said Attachment 1) increased in size and requires slope stabilization over a larger area. D. The parties desire to enter into an Amendment of the Real Property 1 of 4 04/04/1997 09:23 4153634832 CAP PPOJ/PEAL PROP PAGE 03 Acquisition Agreement and Permit to Enter to include the additional slide area in order for Town to repair same. In consideration of the foregoing recitals and the mutual promises and covenants herein contained, the parties hereto agree as follows: 1. References to Parcels 5 and 6 in the Real Property Acquisition Agreement and Permit to Enter shall be changed to Parcels 5A and 6A. 2. The Real Property Acquisition Agreement shall be amended as follows: a. Exhibits "A" and "C" shall be deleted and replaced with Revised Exhibits "A" and "C" attached hereto and incorporated herein by reference. b, The word "gabion" shall be inserted prior to all references to retaining wall(s)- C. Section 1.0 shall be amended to delete all reference to Exhibit "A". All references to Exhibit "A" shall be replaced with reference to Revised Exhibit "A". d. Sections 1.0 and 3.0 shall be amended to delete all reference to Exhibit "C" All references to Exhibit "C" shall be replaced with reference to Revised Exhibit "C". e. Section 4.0, subsection b., shall be amended to delete the second and third sentences("Native materials shall....for this project.") and shall be replaced with "The native hydromulch mix shall consist of California Brome (16 lbs/acre), California Meadow Barley (12 lbs/acre), Blue Wildrye (10 lbs/acre), Arroyo Lupial (4 lbs/acre) and Purple Needlegrass (4 lbs/acre)." f. Add the following Section 4.0, subsection c: c. The Town agrees to revegetate the impacted area to its previous condition, including the replanting of California Day Laurel trees on Parcel 6A and shall maintain and monitor said trees for a period of three (3) years to ensure they are successfully established. g. Section 5.0 shall be amended to change the possession date from April 1, 1997, to April 24, 1997. 2 of 4 04/04/1997 09:23 4153634832 CAR PPOJ/RE4L PROP PAGE 04 3. It is understood and agreed that the Easement Deed executed February, 12, 1997, and delivered to Town's Real Property Acquisition Agent, is herewith returned to the District and was not recorded in the Office of the San Mateo County Recorder. Also returned herewith is Authorization to Record Easement Deed. Concurrently upon execution of this Amendment, District agrees to execute a new Easement Deed (attached hereto as Revised Exhibit "C") and authorization to record same, to include Parcel 3 and the revised area of Parcel 6 (now designated as Parcel 6A)- 4. Exhibit "B", Permit to Enter, shall be amended as follows: a. Exhibit "D" shall be deleted and replaced with Revised Exhibit "D" attached hereto and incorporated herein by reference. b. The word "gabion" shall be inserted prior to all references to retaining wall(s). C. Sections 1.0, 2.0 and 3.0 shall be amended to delete all reference to Exhibit "A". All references to Exhibit "A" shall be replaced with reference to Revised Exhibit "A". d. Sections 2.0 shall be amended to delete all reference to Exhibit "D". All reference to Exhibit, "D" shall be replaced with reference to Revised Exhibit "D". e. Section 1.0, first sentence, shall be amended to delete reference to "soldier pile retaining wall" and replace with "gabion retaining wall". f. Section 3.0, subsection g., shall be deleted and replaced with the following: Town agrees to tag any trees proposed for removal. Town agrees to revegetate the impacted area to its previous condition, including the replanting of California Bay Laurel Trees on parcel 5A and shall maintain and monitor said trees for a period of three (3) years to ensure they are successfully established. Town and District agree that replacement of dead trees will not be required. g. Section 6.0 shall be amended to add the following sentence- This indemnification shall survive the expiration of the term of this Permit to Enter. 5. All odier provisions of the Agreement and Permit to Enter shall remain unchanged. 3 of 4 04/04/1997 09:23 4153534832 CAP PROD/PEAL PROP PAGE TOWN: DISTRICT: Recommended for Acceptance: Recommended for approval: By: By: Lynda L. Green L. Craig Britton, General Manager Real Property Acquisition Agent Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 By: Richard T. Merk Mayor By: Susan M. Schectman Legal Counsel, MROSD Attest: Approved and accepted: By: Susan Whelan, Town Clerk By: Mary Davey President, Board of Directors Approved as to form: pvalpinelacgeaser. amd 4 of 4 Attest: By: Date: District Clerk 04/04/1997 09:23 4153634832 CAP PROD/REAL PROP PAGE 06 "I District Land OAPN 076-340-070 GN 1 �10 1 1 1 Q .ry 9� �Y m b INDiAN CR036�� a s C- C t1A 6F4q pqw G 00 < POMPON a�1N� D ro 3 r o na MIC`�TE m �� 9y O Cr S OF / BAYBERRY / v � Gp9 D SPP� amco � 4�S O s �� l REVISID FxHISIT "A" - Page 1 of 3 04/04/1997 09:23 4153634832 CAP PPOJ/REAL PROP PAGE 07 OD CD D D N; 01 1 � f Nr� �2Q, �W Op ul A U1 z pN V U CD -70 Z ji N 1 O 71 9�J3 m 4�e pp rn b /V V ►V b n ti A N16-p3'J S 4 C g Y pp Parcel 6A = Slope Easement J � , o � p / REV SII7 EXHIBIT "A" - Page 2 of 3 04/04/1997 09:23 4153634832 CAP PROJ/REAL PROP PAGE 08 I rn nv M Tom( OD, W_ ON Qq \ s v- S,�y �� • � . Parcel Q = �. � \` Slope Easemen OV sa r >• •9. r �.+ S7 S � D z M X �S , kno :K � x b REVISED EXHIBIT "A" - Page 3 of 3 1 04/04/1997 09:23 4153634832 CAF PPOJ/PEAL PROF PAGE 10 PARCEL 3 SLOPE EASEMENT REAL PROPERTY IN THE TOWN OF PORTiOLA VALLEY, COUNTY OF SAN MATEO, STATE OF CALIFORNIA, A PORTION OF THE LANDS OF THE MIDPENINSULA OPEN SPACE DISTRICT BEING ALSO A PORTION OF PARCEL 1 OF THE MAP RECORDED IN VOLUME 50 OF PARCEL MAPS AT PAGE fig IN THE RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY TERMINUS OF THE LINE BEARING S.49`54'34"W. AND HAVING A LENGTH OF 241.56 FEET LYING ON THE NORTHERLY LINE OF PARCEL 6 AS SHOWN ON THE MAP RECORDED IN VOLUME 29 OF PARCEL MAPS AT PAGE 6 IN THE RECORDS OF SAID COUNTY;THENCE N.49054'34"E. 156.08 FEET AND N.40°05'26"W. 20.00 FEET TO A POINT ON THE NORTHERLY LINE OF ALPINE ROAD, FORTY FEET WIDE, AS SHOWN ON THE MAP ENTITLED, "RIGHT-OF-WAY MAP, ALPINE ROAD - COUNTY ROAD NO. 76, BY THE SAN MATEO COUNTY DEPARTMENT OF PUBLIC WORKS, DATED OCTOBER 1977," ON FILE WITH THE PORTOLA VALLEY TOWN ENGINEER:THENCE N.49'54'34"E. 23.91 FEET TO THE IBUE POINT OEBEGINNING; THENCE THROUGH THE FOLLOWING NUMBERED COURSES: 1) S.49°54'34"W. 120.00 FEET 2) N.40°05'26-W. 20.00 FEET 3) N.49°54'34-E. 120.00 FEET 4) S.40°05'26"E. 20.00 FEET TO THE TRUE POLNI QF BEGINNING. THIS PARCEL CONTAINS 2400 SQUARE FEET MORE OR LESS. O \ DESCRIPTION PREPARED BY: o 815 WILLIAM B. MASTERSON, L.S. 4818 3 No. Z-c/ LIC. EXP. 9-30-96 OF wcjl- � EXHIBIT I - Page 1 of 2 REVISED EXHIBIT "C" - Page 2 of 3 04/04/1997 09:23 4153634832 CAP PPO.T/PEAL PPOR PAGE li PARCEL 6A SITE 1A SLOPE EASEMENT REAL PROPERTY IN THE TOWN OF PORTOLA VALLEY, COUNTY OF SAN MATEO, STATE OF CALIFORNIA, A PORTION OF THE LANDS OF THE MIDPENINSULA OPEN SPACE DISTRICT BEING ALSO A PORTION OF PARCEL 1 OF THE MAP RECORDED IN VOLUME 50 OF PARCEL MAPS AT PAGE 79 IN THE RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERLY TERMINUS OF THE LINE BEARING N.73056'26"W. AND HAVING A LENGTH OF 328.02 FEET LYING ON THE NORTHERLY LINE OF PARCEL B AS SHOWN ON THE MAP RECORDED IN VOLUME 29 OF PARCEL MAPS AT PAGE 6 IN THE RECORDS OF SAID COUNTY; THENCE N.16003'34"E. 20.00 FEET TO A POINT ON THE NORTHERLY LINE OF ALPINE ROAD, FORTY FEET WIDE, AS SHOWN ON THE MAP ENTITLED, *RIGHT-OF-WAY MAP, ALPINE ROAD - COUNTY ROAD NO. 75, BY THE SAN MATEO COUNTY DEPARTMENT OF PUBLIC WORKS, DATED OCTOBER 1977,"ON FILE WITH THE PORTOLA VALLEY TOWN ENGINEER; THENCE S.73056'26'E. ALONG SAID LINE 47.17 FEET TO THE TRUE POINT OF ; THENCE THROUGH THE FOLLOWING NUMBERED COURSES: 1) N.16Q03'34-E. 90.00 FEET 2) S.55°30'20-E. 126.49 FEET 3) S.16°03'34-W. 50.00 FEET TO THE NORTHERLY LINE OF SAID ROAD 4) N.73°56'26-W. ALONG SAID LINE 120.00 FEET TO THE TRUE POINT OF REGINNINa THIS PARCEL CONTAINS 8400 SQUARE FEET OR LESS. � LAN s DESCRIPTION PREPARED BY: No. 4818 z WILLIAM B. MASTERSON, L.S. 4818 LIC. EXP. 9-30-00 �. Must,17.1W? OF cpl�E��,t► EXHIBIT I - Page 2 of 2 REVISED E)CHIBIT "C" - Page 3 of 3 04/04/1997 09:23 4153634832 CAP PPOJ/REAL PPOP PAGE 12 PARCEL 4 TEMPORARY SLOPE EASEMENT REAL PROPERTY IN THE TOWN OF PORTOIA VALLEY, COUNTY OF SAN MATEO, STATE OF CALIFORNIA, A PORTION OF THE LANDS OF THE MIDPENINSULA OPEN SPACE DISTRICT BEING ALSO A PORTION OF PARCEL 1 OF THE MAP RECORDED IN VOLUME 50 OF PARCEL MAPS AT PAGE 79 IN THE RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS. BEGINNING AT THE SOUTHWESTERLY TERMINUS OF THE LINE BEARING S.49054'34W. AND HAVING A LENGTH OF 241.56 FEET LYING ON THE NORTHERLY LINE OF PARCEL B AS SHOWN ON THE MAP RECORDED IN VOLUME 29 OF PARCEL MAPS AT PAGE 6 IN THE RECOROS OF SAID COUNTY;THENCE N.49°54`34"E. 166.09 FEET AND N.40'05'26"W. 20.00 FEET TO A POINT ON THE NORTHERLY LINE OF ALPINE ROAD, FORTY FEET WIDE, AS SHOWN ON THE MAP ENTITLED, 'RIGHT-OF-WAY MAP, ALPINE ROAD- COUNTY ROAD NO. 75, BY THE SAN MATEO COUNTY DEPARTMENT OF PUBLIC WORKS, DATED OCTOBER 1977," ON FILE WITH THE PORTOLA VALLEY TOWN ENGINEER AND THE ISUE POINT OF 9EGINNING;THENCE THROUGH THE FOLLOWING NUMBERED COURSES: 1) N.40005'26"Wl. 40.04 FEET 2) S.48°19'15"W. 114.02 FEET 3) S.63-48`56"W. 183.85 FEET 4) S.26°1 1'04"E. 65.00 FEET 5) S.58°4736"E. 50.10 FEET TO THE NORTHERLY LINE OF SAID ROAD 6)N.31°10'24"E. ALONG SAID LINE 3.58 FEET 7) N.67°26'34"E. ALONG SAID LINE 3727 FEET 8) N.26-50'34"E. ALONG SAID LIME 100.98 FEET 9) N.49°54'34"E. ALONG SAID LINE 160.16 FEET TO THE TRUE-POINT OF 8EQINNING. THIS PARCEL CONTAINS 0.434 ACRES MORE OR LESS. DESCRIPTION PREPARED BY: �C.9 s✓.� WILLIAM S. MASTERSON, L.S. 4818 NO. 4818 LIC. EXP. 9-30-96 p -/wlc'c .logcmt a,s9e '� -ti 1;?:��4G�� REVISED EXHIBIT "D" - Page 1 of 2 permit to Enter 04/04/1997 09:23 4153634832 CAP PFOJ/PEAL PROP FGGE 13 PARCEL 5A SITE to TEMPORARY SLOPE= EASEMENT REAL PROPERTY IN THE TOWN OF PORTOLA VALLEY,COUNTY OF SAN MATEO, STATE OF CALIFORNIA,A PORTION OF THE LANDS OF THE MIDPENINSULA OPEN SPACE DISTRICT BEING ALSO A PORTION OF PARCEL 1 OF THE MAP RECORDED IN VOLUME 50 OF PARCEL MAPS AT PAGE 79 IN THE RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERLY TERMINUS OF THE LINE BEARING N.7305626"W.AND HAVING A LENGTH OF 329.02 FEET LYING ON THE NORTHERLY LINE OF PARCEL B AS SHOWN ON THE MAP RECORDED IN VOLUME 29 OF PARCEL MAPS AT PAGE 6 IN THE RECORDS OF SAID COUNTY;THENCE N.16'=34"E.20.00 FEET TO A POINT ON THE NORTHERLY LINE OF ALPINE ROAD, FORTY FEET WIDE,AS SHOWN ON THE MAP ENTITLED. "RIGHT-OF-WAY MAP,ALPINE ROAD - COUNTY ROAD NO, 75,BY THE SAN MATEO COUNTY DEPARTMENT OF PUBLIC WORKS, DATED OCTOBER 1977,"ON FILE WITH THE PORTOLA VALLEY TOWN ENGINEER AND THE TRUE POINT OF BEGINNING; THENCE THROUGH THE FOLLOWING NUMBERED COURSES: 1) N.73°58'26"W.ALONG SAID ROAD 2.58 FEET 2) N.88°38-28W.ALONG SAID ROAD 10,60 FEET 3) N.16°03`34"E. 70.00 FEET 4) N.85°20'45-E. 64.15 FEET 5)S.16°03'34'W, 90.00 FEET TO THE NORTHERLY LINE OF SAID ROAD 6) N.73-56'26"W.ALONG SAID ROAD 47.17 FEET TO THE TRUE POINT OF BEGINNING. THIS PARCEL CONTAINS 4733 SOUARE FEET MORE OR LESS. O lA MQ DESCRIPTION PREPARED BY: ��►�'� B' '�S' NO. 4818 WILLIAM 8. MASTERSON. L.S. 4818 _ LIC. EXP. 9.30-00 Marc,».IWI _ REVISED EXHIBIT "D" - Page 2 of 2 Permit to Enter Regional ,' .e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-97-79 Meeting 97-11 April 23, 1997 AGENDA ITEM Denial of Claim for Property Damage Filed by Eric Diesel DISTRICT LEGAL COUNSEL'S RECOMMENDATION ^ Deny the claim against the District filed by Eric Diesel. DISCUSSION Eric Diesel of Palo Alto, California has filed a claim against the District which arises out of grading on property owned by claimant, and damage to the Saratoga Gap Open Space Preserve. A copy of the claim which describes the incident is attached to this report. Also attached is the District's letter of March 21, 1996 to the Regional Water Quality Control Board which appears to be the primary basis for this claim. The California Tort Claims Act requires that claims for damages be presented to a public agency for approval or denial. The District then has 45 days to determine whether to approve or deny the claim. Upon denial of a claim, a claimant has six (6) months to determine whether to proceed with legal action. Claims are typically placed on the Board's Consent Calendar for action. District Legal Counsel has reviewed this claim and recommends it be denied. There does not appear to be a basis to impose liability upon the District for this claim. Prepared by: Sue Schectman, Legal Counsel Contact person: Same as above 330 Distel Circle I Los Altos, CA 94022-1404 m Phone:41.5-091.1200 LAX:415-691-04115* E-mail mrosdaopenst)aee.org * Web site:www.o,enspace.org Board oI Diie(tots Pete Siemens,Mary C:. Davey,led CEi, David 1 Smernot, Nonrtte Hanko Betsy Crowder, Kenneth C.hitz raig,Britton J � I 1 a97 I Claim For Damage against Midpeninsula Open Space District b Y Eric Diesel 2905 El Camino Real Palo Alto, Ca. 94306 415-329-1515 Eric Diesel has been damaged as follows. The dates of discovery by Diesel of the causes of this damage is from November 1996 to April 1997. Jurisdiction for the amount of damage is Superior Court. Total of Claims: $1,500,000.00. This claim consists of 11 pages. A Conspiracy to Harass and Malicious Prosecution in Santa Cruz County The District has aided and abetted a well documented (with the State of Califor- nia) harassment and malicious prosecution of Diesel by some employees of Santa Cruz County, including Dave Hope and Dan Shaw in the planning department, and Morgan Taylor in the Santa Cruz Office of the District Attorney. The District has no land or holdings remotely related to Diesel's Santa Cruz holdings and has no legitimate reason to even be talking about Diesel with Santa Cruz personnel. The County has openly boasted that it has a pplicy of harassing timber operations such as Diesel's. For example, when Diesel applied for a timber harvest permit, the County delayed the harvest by objecting to cable logging, and requested that Diesel be required to do a much more expensive heli- copter logging. Diesel ultimately won all of the appeals by the County, and was granted a permit to do cable logging. After threats of harassment by the County, and a vandalism of his property using information only held by the County, Diesel agreed to amend his harvest to do helicopter Iogging instead of cable logging. In order to harass Diesel, the County then filed a formal objection to the change to helicopter logging, after they argued to require it for over a year. This harassment includes false reports to the press and Santa Cruz County D.A. that Diesel's permitted CDF road was seventy (70) feet wide and that thousands of yards of material flowed into the stream. In fact, the road is about 14-16 feet wide as determined by resulting CDF inspections, and zero cubic yards of soil entered the stream, as hidden silt fences trapped any sediment (about two yards in total) and this was secretly measured and removed, unknown to Santa Cruz County. The County claimed that the outer diameter of a switchback is the road "width" in a letter signed by the County Director of Planning, who is well aware of the requirement for a minimum turning radius in switchbacks, and how this is not a measure of road "width". The maximum allowable road width is many times smaller than the minimum allowable switchback diameter, so merely constructing an approved switchback with the minimum diameter does not make the road illegally "wide", as was reported to the D.A. The Director of Planning of Santa Cruz County is perfectly aware of this, but made the false report anyway, having been assured the cooperation of Morgan Taylor in a malicious prosecution. The letter was deliberately false, and was filed with the D.A. to further a malicious prosecution. Assistant D.A. Morgan Taylor blocked Diesel's plans to plant trees along the road in a secretly tape recorded meeting in the County, and now cannot 1 recall doing so, despite many witnesses. Taylor now threatens to file charges for violat- ing the County grading ordinance because no permit was issued by the County for this road put in under State jurisdiction and oversight, and a State permit. According to boasts by Taylor, he is "coordinating" with entities in Santa Clara County, such as Will Richmond and Midpeninsula Open Space District, who should have no interest whatsoev- er in Diesel's completed timber harvest near Watsonville in Santa Cruz County. The individuals in Santa Cruz County have also used their positions in gover- nemtn to further their own political ends, and Midpeninsula should not be aiding them in their efforts to replace certain Supervisors as they are doing. B False Reporting to Authorities Resulted in Diesel's Arrest and Prosecution The District wrote and made false statements in a letter sent to Water Quality Control Board and to the D.A. for use in a malicious prosecution of Eric Diesel in Santa Clara County. This was done to fraudulently and deceitfully obtain Diesel's money or land. The District has fraudulently reported damage to it's land as resulting from Diesel, and has fraudulently exaggerated conditions on it's land in an effort to obtain money from Diesel, who refuses to sell his various properties to the District and has been organizing neighbors against Midpeninsula Open Space District's unethical land grabbing methods and other unethical behavior such as attempts to depress land value in certain neighbor- hoods, and refusal to properly clean up toxic dumps on their land. The district has met with D.A. Will Richmond and has made similar false claims to him, with knowledge that they are not true, and in refusal to properly investigate when they thought that the invest- igation would uncover information which would conflict with their ends. The person who signed the letter had not even viewed the area. Yet this sentence reads as if it is an eyewitness account, and not based on hearsay from some unmentioned source. When Diesel notified The District of how the letter was being used in a malicious prosecution, the District refused to clarify matters so that Diesel would not be prosecuted by a misunderstanding of the letter, or inaccuracies contained in it. The District wrote, "District Staff has (1) investigated the impacts of the (2) silt and soil (3) washed onto District land (4) during the 1996 Winter storm (5) due to grading activity on property owned by Eric Diesel... In addition to the substantial deposits on the south and west sides, (6) a large volume of sediment has been deposited in the canyon below the highway immediately above district property. This appears to have (7) oc- curred when the sediment flowed across Highway 9, (8) blocking the road... Sediment has washed down the creek, (9) blocking the upper end of a 48" culvert on a (10) patrol road which provides the only access to District property... the creek is (11) now flowing across the patrol road and silt has spread across in a wide delta. This wide flow of water is now undermining the slope below and (12) creating a horseshoe shaped scarp approximately 10 feet high and 50 feet long. In addition to (13)destroying the road, (14) this slope failure threatens to destroy the water system below. Sediment from the undermined slope, added to the sediment from above, has (15) significantly damaged the riparian 2 habitat in the creek... The magnitude of the sedimentation that has occurred is (16) far in excess of any natural sediment we have seen including the sever Storms of January and March, 1995" (1) District Staff did not investigate as written. District Staff refused to investigate conditions near Diesel's property. They intentionally refused to examine anything which would disprove their attempts to bilk Diesel of money in a malicious prosecution. Diesel saw material which was hauled to his property and dumped there by Cal Trans in the winter of 1995 and 1996. The material came from landslides which occurred up and down miles of the highway due to improperly engineered and retained road cuts in the highway. The material was dumped by Cal Trans on Diesels land outside of the public right of way through Diesel's land. Cal Trans refused to stop the dumping. Diesel also saw material dumped directly into the watershed above the land of Midpeninsula Open Space District and directly onto the land of Midpeninsula Open Space District. Improperly engineered drainage of the highway caused a landslide of about 2000 cubic feet of material in the area below the highway at the Southeast corner of Diesel's land where it drains into the land of Midpeninsula Open Space District. Diesel attempted to get this corrected before more material washed out, and the before the other material washed down. This slide contained about 2000 cubic yards of material, and was directly above the District culvert. When Diesel contacted Midpeninsula Open Space District for help in December of 1995, he was told that Midpeninsula Open Space District did not care about the dumping and 2000 cubic yards of material in the slide directly above their culvert, and Midpeninsula Open Space District refused to investigate. Diesel repeatedly attempted to get Midpeninsula Open Space District to investigate and stop the illegal dumping in December of 1995, January to April of 1996, and Fall of 1996. Midpeninsula Open Space District refused to investigate. Material continues to be dumped over the edge of the highway into the watershed above District land in 1997, e.g., at Cal Trans marker 1.03. Material continues to be washed out of a landslide area at the Southeast corner of Diesel's land at the border of District land in 1997. This is due to an incorrectly engi- neered culvert and drainage. Approximately two thousand cubic yards of material has been washed out of the hillside there. Midpeninsula Open Space District continues to refuse to investigate. (2) The impacts described, to the extent that they are not completely false or exagger- ated, are not a result of silt and soil, as Midpeninsula Open Space District wrote. The 48" culvert is blocked with organic material which has blocked the culvert for 3 years, and is not blocked by silt and soil. The approximately 2000 cubic yards of material which fell from the slide at the border of Diesel's property and that of Midpeninsula Open Space District, immediately below the improperly engineered Cal Trans drainage at the southeast corner of Diesel's land, consists mostly of boulders, and not soil and silt. (3) The material did not wash onto District land, as written. Material was directly dumped onto District land by Cal Trans, rather than being properly placed in an area where it would not enter the watershed. About 2000 cubic yards of material came from a massive landslide on the Dis- trict's own land which is due to the tremendous storm and to Cal Trans having improperly engineered the highway drainage drainage at the southeast corner of Diesel's land between the highway and the District culvert. This material did not flow onto District land from Diesel's , since it originated on District land. (4) The conditions described, to the extent that they are not false or highly exaggerat- ed, did not all occur in the Winter of 1995-96 as written. The Cal Trans dumping in 1997 directly above the District land at marker 1.03 was unrelated to Diesel's grading. Many of the conditions existed in years prior. The culvert described is but one of many on district land. None of the culverts has ever been properly engineered. None of the culverts has ever been properly maintained. All of the various culverts were blocked and the inlets completely buried and appear to be in similar condition to the one described. The organic material blocking the culvert is rotting, has been so rotting for years, and has been doing so for so many years that roots from vegetation above have grown into the rotting mass. These roots are now dead due to the toxic chemical spill on District land which was discovered during the geological tests performed there to investigate the District's charges with the D.A. The material over the culvert has been washed out for years, as indicated by mature vegetation growing where the "delta" described overflowed and washed it away into the stream years ago. The culvert bottom is decayed and no longer passes water through the culvert, even if it were to be maintained. Examination of vegetation at the base of the scarp indicates that the scarp is several years old. For example, the three inch diameter dead tree growing two feet from 4 the base of the scarp is several years old, so the scarp has to be of at least this age. (The tree appears to be dead from the toxic spill within the District land which the District is responsible to clean up, and has not yet been charged with.) (5) The impacts described, to the extent that they are not false or highly exaggerated, are not due to grading activity of Diesel as written. The organic material blocking the culvert is not from Diesel's grading. The material from Diesel's grading is in place either where it was keyed in at the top, tilled into the planting area at the top, or is in the sediment ponds at the bottom of Diesel's land which are not yet completely full, and which Cal Trans, the County of Santa Clara, and the Office of the District Attorney refuse to let Diesel clean out. The upper sediment pond empties into the lower pond, which has not yet filled. The scarp has existed for years, as have other conditions described, as described above in(4). They are therefore not a result of Diesel's grading. Geological tests of the material on District land indicate that the materials de- scribed originated in various landslides up and down the highway, which must have been hauled to the edge of Diesel's land and dumped on his land and over the edge of the road, or indicates the material originated in the landslide on District land at Diesel's southeast border, across from Diesel's lower sediment pond, as described above, and did not come from Diesel's land. (6) Material deposited in the canyon immediately above District property was dumped there by Cal Trans, and did not come from Diesel's grading, as geological tests of the proportions and composition of the material shows. Furthermore, the piles of material dumped at the edge of Diesel's land could not have been formed by any other process then dumping. Material in the watershed is also from the large landslide which resulted from Cal Trans' improper engineering of highway drainage across from Diesel's sediment pond, unrelated to Diesel's grading. Substantial quantities of soil were dumped over the edge of the highway by Cal Trans. This was dumped directly onto the land of Diesel above the land of The District, and also directly onto the land of The District in the canyon adjacent to Diesel's canyons. Substantial volumes seem to have been dumped in various places in a similar manner along the highway in addition to where they were dumped across from the land of Mr. Diesel. The material was dumped over the edge by Cal Trans during emergency cleanup of hundreds of landslides that occurred in that storm. Some Cal Trans employees have admitted to the dumping over the edge. (7) Material did not flow across the highway in substantial quantities. Hundreds of 5 landslides on the highway unrelated to Diesel's grading caused material to flow on the highway, but this was scooped up by Cal Trans equipment before flowing onto District land. Material was dumped onto district land by Cal Trans from these landslides, and this is entirely an intentional act of Cal Trans. Cal Trans could have placed the material in a stable site within their own right of way had they so chosen. Material from the landslide resulting from improperly engineered drainage of the highway caused approximately 2000 cubic yards of material to flow from the upper part of District land to other parts. This material started below the highway, and so did not flow across the highway. No reasonable person who observed the material (as Midpeninsula Open Space District claims to have done) which was dumped in piles eight feet in elevation above the flow line could have reported honestly that the material appeared to have flowed into the piles, and over the piles. The material was clearly dumped into the piles on the flat area of Diesel's land, outside of the Cal Trans right of way, and was dumped over the edge of Diesel's flat area. Whoever dumped this material was either intentionally trying to hide it, or was oblivious to the fact that it was being dumped into the watershed rather than placed in a stable manner within the flat area. In either case, the statement that the material "appeared" to have flowed over the pile and thence over the edge is ridiculous and could not possibly have been made in good faith. As this theory was being put forward by others also, and no reasonable person who witnessed the dumping in a District investigation could honestly believe it or come up with it on their own from observation, this leads to the conclusion that there was a conspiracy to make this false report. (8) The highway was blocked due to hundreds of landslides far above and below Diesel's sediment ponds. It was not closed because of grading by Diesel as written. In one place, the entire highway land fell off the side of the mountain, and is still not repaired. The hundreds of landslides blocking the road were a result of the intense storm and the improperly engineered highway cuts which are unretained and not sloped proper- ly, and can be expected to continue falling into the watershed for decades to come. (9) The culvert was not blocked with silt and soil from Diesel's grading in the winter of 1995-6 as written. The culvert was blocked by organic debris and not by silt and soil. The culvert had been blocked for years. Other culverts on district land are similarly blocked, due to improper engineering and negligence in maintenance by Midpeninsula Open Space District. 6 (10) The road described is not a patrol road as written, and has not been properly maintained for years. It is not the only road to or through the District land as written. This road is an old abandoned logging road which was never engineered to be used as a permanent patrol road, but only as a temporary logging road. Any damage to the road is years old, and is a result of negligent maintenance by the District. (11) The wide flow has existed for years. The wide flow is similar to wide flows at every other culvert on the abandoned logging road, all of which exist due to negligent maintenance by Midpeninsula Open Space District. (12) The scarp is many years old. As described above, the material over the culvert has been washed away due to the culvert being blocked for so many years that mature trees have grown and died in the "horse shoe" area carved out. Analysis of the age of vegetation at the growing at the base of the scarp before being killed by the toxic chemicals, indicates that it was created many years ago. (13) The road was not newly destroyed. The scarp and undermining of the road are due to negligent maintenance by Midpeninsula Open Space District over the years. The road is similarly being "destroyed" at every other culvert crossing which is similarly clogged and overflowing with a scarp, due to negligent maintenance by the District. The culvert itself is rotted out at the bottom and is undermining itself. Should the culvert inlet be opened, water would pass through the bottom of the culvert and under- mine the culvert by flowing under it. (14) The water system below is not threatened by Diesel's grading, but by negligence on the part of Cal Trans and Midpeninsula, dumping of material over the edge of the slope by Cal Trans, and the refusal of Midpeninsula Open Space District to clean up the toxic waste migrating downstream. Cal Trans' improperly engineered drainage across from Diesel's lower sediment pond at the Southeast corner of Diesel's land at the border with District land has resulted in a landslide of about 2000 cubic yards of material. The attempt to use the road (which was designed only as a temporary logging road) as a permanent access road without properly engineering the road, coupled with the 7 negligent maintenance practices of Midpeninsula Open Space District, have resulted in flows of material into the water system from the various scarps at each culvert along the road. The attempt to get the culvert material removed at Diesel's expense before the toxic contamination was discovered has resulted in a migration of the toxic chemicals downstream directly into the drinking water supply of the neighbor below. Midpeninsula Open Space District is responsible for this old toxic dump condition and it's cleanup, even if it existed prior to the purchase of the land by Midpeninsula Open Space District. (15) Little if any sediment is visible in the riparian habitat, which appears similar to others in the area. Certainly the toxic dump which Midpeninsula Open Space District has allowed to migrate into the stream is the most damage which can occur. Already it has killed off the local flora, including at the base of the scarp. The stream appears to be flowing free of sediment, and the quantities of sediment are normal. To the extent that sediment is damaging the riparian habitat beyond the damage by the chemicals which Midpeninsula Open Space District refuses to contain, this damage is a result of Cal Trans dumping, negligently and improperly engineering the drainage across from the lower sediment pond on Diesel's land, and negligent maintenance on the part of Midpeninsula Open Space District of their various culverts, as described in (14). (16) No scientific measurements were made by Midpeninsula Open Space District to compare the sediment of the 1995-6 storms to that of previous years, as reported. In fact, no measurement whatsoever was taken the previous year, or else Midpeninsula Open Space District would have know that the culvert was blocked and overflowing, in which case the negligence would be intentional. C Unlawful Grading, Failure to Protect Watercourses,Water Pollution, Etc. Midpeninsula Open Space District is guilty of every allegation made against Diesel in the criminal complaint filed against him. As described in B above, Midpeninsu- la Open Space District is aware of Toxic chemical dumping on this and other sites which it owns, and is doing nothing to clean them up. As described in B above, Midpeninsula Open Space District has negligently failed and refused to maintain it's many culverts on it's many properties resulting in the culverts being blocked and then the slopes eroded into the watershed as the overflow runs over it's roads. Diesel is damaged as a member of the public who has his water thus polluted. The grading done by The District on the road in the past is not exempt from the 8 County grading ordinance and state water laws, since it is not engineered to protect adjacent slopes or water courses. This grading by The District is therefore in violation of the law. The District conspired to blame Diesel for the sedimentation resulting from the improper engineering and illegal grading by The District. D Falsification of Mitigation Costs The amounts for "direct mitigation costs" is not related to any grading by Mr. Diesel. In fact, the amount was invented as a means of obtaining land or money from Diesel by fraudulent means. The amounts to "repair" the culvert damage include upgrading it to a state which it has never been in during the ownership of the land by Midpeninsula. This is being grossly exaggerated in an effort to get the toxic contaminated soil dug up by Diesel without it being discovered by authorities. Midpeninsula is aware that the amounts they are asking for are to upgrade the culvert, and not just restore it, and as such is attempting to defraud Diesel of his money. The $20.00 per lineal foot dollar amount is arbitrarily arrived at and is not from any objective source. Diesel will call Craig Britton as a witness in his claims against Cal Trans and other agencies who have caused damage to Diesel's slopes and watercourses through their actions to justify the amounts with regard to Diesel's recovery. Using this figure of$20.00 per foot, should the toxic chemicals coming from District land have migrated far downstream, Midpeninsula Open Space District will owe many millions of dollars to others. E Refusal to Correct False Reporting The District has refused to correct misinformation held by the D.A. and used to maliciously prosecute Diesel. The District is aware that their letter was used to arrest and prosecute Diesel. Some employees of Midpen have a duty to so correct the false reports as officers of the court. F Solicitation of Malicious Prosecution According to neighbors, The District asked them to give false information that Diesel was responsible for storm damage on Congress Springs Road. When they refused, and pointed out that the story The District was asking them to support was not only false, but The District knew it was false (such as the culvert being blocked by silt), The District suggested that they could make money by going along with the false story. The District told them that Diesel had money, and that the neighbors could get some of it. 9 G Conspiracy Employees in The District have discussed the matters above and conspired to act or fail to act as described above. H Slander and Defamation The District has discussed Diesel with others and slandered and defamed Diesel. 1 Refusal to do Road Maintenance Share Based on Quantity of Land Held Midpen has refused to pay it's share of road maintenance on Summit Road, Loma Prieta Road, Loma Chiquita Road, Crystal Peak Road, and other dirt roads leading to Midpen property. Midpen has never paid into the road maintenance funds based on quantity of land held. Midpen therefore has had free road maintenance at Diesel's and other's expense for many years. J Deliberately Depressing Land Values Midpen has taken actions or inactions in an effort to depress land values of homeowners and landowners in an effort to obtain land for less than it's true value. Such actions include, but are not limited to, refusing to pay it's share in road maintenance, and by blocking efforts to pave the road with costs allocated according to quantity of usable land held. Allocation scheme currently under consideration were based on a base rate of the value of a homesite, plus value based on quantity of land held. The scheme likely to be approved by other residents is roughly based on the greater of a homesite value of $40,000.00, or$1,000.00 per acre, whichever is greater, and then this value would be used to allocate share of road paving costs. So a property with less than forty acres would have a base for share of$40,000.00, while an eighty acres parcel would have a base of $80,000.00, etc. This is a fairly accurate formula for actual sales in the area. Improve- ments such as vineyards, homes, etc., would not be included because many properties have not yet been developed, but have the same potential for development. K Blocking Road Improvements and Paving Midpen deliberately has blocked and refused to cooperate with attempts to pave the roads, and to pay for it's share based on quantity of land held as described above. This is part of it's scheme to keep property values depressed. No democratically elected official supports this position by Midpen. L Covering up Past Toxic Dumping on District Land Midpen has blocked investigations into historic dumping of toxic chemicals on various tracts of District land in the past. Under current water pollution laws, Midpen is responsible for clean up of it's own lands. M Effects of Defrauding Class of Persons of Their Land Midpen has cheated many elderly and other persons of their land by purchasing 10 the land for far less than it's actual value. Many of these persons are unaware that they sold their land for too little. When other persons,aware of their actual land values, have refused to sell their land for cheap, Midpen has done unethical or illegal things to prod them into selling for cheap, in the spirit of the railroads in the 1800's. Diesel is one of the members of the class who has had unethical or illegal treatment because of the proximity of his land to Midpen. Diesel reserves his right to become a member of this class in the pending suit. Eric Diesel 4-7-97 11 Regional Open S ..,e �.. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT March 21, 1996 Clifford D. Cahee, Jr. Field Engineer California Regional Water Quality Control Board 2191 Webster Street, Suite 500 Oakland, CA 94612 Re: Impacts on Saratoga Gap Open Space Preserve from Illegal Grading on Diesel Property Dear Mr. Cahee: District staff has investigated the impacts of the silt and soil washed onto District land during the 1996 Winter storms due to grading activity on property owned by Eric Diesel (APN 503-38- 18,19,20, and 21 in Santa Clara County). The District owns approximately 116 acres north of Highway 9 which includes an unnamed tributary of Stevens Creek which drains the Diesel property (see attached map, Exhibit A). In addition to the substantial deposits of sediment above the highway on the south and west sides, a large volume of sediment has been deposited in the canyon below the highway immediately above District property. This appears to have occurred when the sediment flowed across Highway 9, blocking the road. Sediment has washed down the creek, blocking the upper end of a 48" diameter culvert on a patrol road which provides the only access to District property and to a water system serving an adjoining property owner, as indicated on the attached map. The sediment deposits - immediately below the highway can be expected to wash down the creek for several more years until the land is again stabilized. The creek is now flowing across the patrol road and silt has spread across the road in a wide delta. This wide flow of water is undermining the slope below and creating a horseshoe-shaped scarp approximately 10 feet high and 50 feet long. In addition to destroying the road, this slope failure threatens to destroy the water system below. Sediment from the undermined slope, added to the sediment from above, has significantly damaged the riparian habitat in the creek, of which approximately 2500 lineal feet is located on District property. The magnitude of sedimentation that has occurred is far in excess of any natural sedimentation we have seen, including during ,the severe storms of January and March, 1995. We believe that Mr. Diesel, and/or the person or persons who created or aggravated this problem should be responsible for costs of restoration. We ask that you include this work in your abatement order. We have estimated District costs as follows: 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200 • FAX:415-691-0485 • E-mail:mrosd®netcom.com is Board of Directors:Pete Siemens,Mary C.Davey,Teena Henshaw,David T.Smernoff,Nonette Hanko,Betsy Crowder,Wim de Wit General manager:L.Craig Britton i Clifford D. Cahee, Jr. March 21, 1996 pg. 2 Direct Miti ag tion To correct the current damage and allow for further impact of future sediment deposits to be mitigated, we propose that the blocked culvert on District property be cleared and that a settling/catch basin be constructed to allow the sediment to be removed periodically as the basin is filled. Reconstruction of the slope with some type of slope retention will be necessary to preserve the road access, protect the water supply, and avoid further sediment damage to the creek. Direct mitigation costs are estimated as follows: 1. Retain engineering consultant to design settling/catch basin, slope retention, provide construction administration L.S. = $2,500. ,2. Hand clear brush from access road L.S. = 1,500. Approximately 2200 1.f. 3. Light grading of road for construction access 6 hrs. @ $150/hr = 900. 4. Excavate end of culvert, construct rock lined basin L.S. = 2,500. 5. Approximately 100 cu. yd. import soil Qa $15/cu. yd. = 1,500. 6. Reconstruct slope below road, including slope retention L.S. = 5,000. 7. Erosion control measures L.S. = 1,500. 8. Annual cleanout and disposal of sediment in basin L.S. $1000/yr x 10 yrs. = 10,000. Subtotal = $24,400. 20% Contingency = 4.820. Grand Total, Direct Mitigations = $29,220. Clifford D Cahee, Jr. March 21, 1996 pg. 3 Indirect Mitigation In addition to these direct mitigations, we seek compensation for damage to the riparian habitat in the creek. It would not be feasible to remove the sediment from the creek without causing unacceptable additional impact. Therefore, we propose that off-site mitigation be funded to protect or restore a creek in the same Stevens Creek watershed. Based on the 2500 lineal feet of creek that occurs on District land, we request compensation from the person or persons causing this problem at the rate of $20.00 per lineal foot, for a total amount of $50,000 for damage to the natural resource. This compensation will be used to restore or protect creek channels on preserve lands in the same watershed. Total Mitigation Request The total requested compensation for direct and indirect mitigation of damage on District property due to the illegal grading operations is $79,220. We request that you include this mitigation in your abatement order to document these claims. We would be happy to provide additional documentation of the damages or detail of our estimate of corrective measures. S. �. I.. r ' Britton General Manager cc Susan M. Schectman, Esq., Legal Counsel Gary P. Combes, Department of Fish and Game James Sirr, County of Santa Clara, Land Development Engineering Margaret Currie, Caltrans Ken Reiller, Santa Clara Valley Water District Attachment w n wwww ■ ww MR05 i 1 BLOCKED / ' T PROP�� - .; � =. ► 1 KT 0 z � EXHIBIT A Portion of SARATOGA GAP OPEN SPACE PRESERVE Showing impact on MROSD preserve due to grading on Diesel Property Prepared 3/21/96 Scale: Approx. 1 " = 500' Regional Open . _ we ♦ r t R-97-66 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-11 April 23, 1997 AGENDA ITEM Notice of Contract Completion for the Skyline Area Fie Offi Project GENERAL MANAGER'S RECOMMENDATIONS Adopt the attached Notice of Completion of Contract and Acceptance of Work. DISCUSSION At your April 24, 1996 meeting, you awarded the contract for construction of the Skyline Field Office to TAG Group Corporation (see report R-96-51). In addition, at your February 12, 1997 meeting, you authorized an increase in the contract to reconstruct the driveway to the office (see report R-97-18). Construction of the project began in early May, 1996. The building was completed in February, however, a wet winter delayed completion of the exterior road and parking work. Surfacing of the entry road, parking area, and corporation yard area behind the new building are now complete. Ten change orders totalling $55,258.00 were issued. The largest change order was approved by you at your February 12 meeting for the reconstruction of the driveway at a cost of $42,289. Other change orders involved improvements to site drainage, variances between standard construction practices and the architectural plans, and interior improvements. A cost breakdown of the entire project is attached. Ten percent of the grading and paving subcontract is being withheld from the contractor's billing in accordance with the contract documents and specifications. The retainer for the building was returned to the contractor upon receipt of unconditional lien releases from all building subcontractors, in addition to other close-out paperwork. The retainer for the grading and paving work will be returned to the contractor upon his submittal of an unconditional lien release from his grading and paving subcontractor. Prepared by: Mary de Beauvieres, Open Space Planner Contact: 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 Regional Open ce 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT NOTICE OF COMPLETION OF CONTRACT AND ACCEPTANCE OF Wpm NOTICE IS HEREBY GIVEN by order of the Board of Directors of the Mdpeninsula Regional Open Space District, pursuant to State law that work to be performed under the contract heretofore made and executed by and between the Mdpeninsula Regional Open Space District, as Owner therein and TAG Group Comoration as Contractor therein, bearing the date May 1996 for construction of a new field office and appurtenant facilities upon lands of said District known as Skyline Ridge Open Space Preserve situated in unincorporated Santa Clara County State of California, on the 4th_day of - jam. Upon said contract,First National Surety was surety on the bond given by said TAG Group Cho poration the said Contractor, as required by law. That the title of said District to the real property upon which said work and contract was performed is that of fee title. That the address of said Mdpeninsula Regional Open Space District is 330 Distel Circle Los Altos, CA 94022. IN WITNESS WHEREOF, pursuant to the order of the Board of Directors made and given on the 22rd day of Anril, 1M, authorizing and directing the execution of this instrument, the said District has caused these presents to be executed in its name, authenticated by the signature the President of the said Board of Directors this 231d day of mil► 1997, in Los Altos, California. I CERTIFY,under penalty of perjury that the foregoing is true and correct. STATE of CALIFORNIA, COUNTY of SANTA CLARA The undersigned,being duly sworn says: that he/she is the person who executed the foregoing; that he/she has read the same and knows the contents thereof, and that the facts stated therein are true. Mary Davey President, Board of Directors Dated: Signed in Los Altos, California 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 Cvr, David T.Smernoff,Nonette Hanko,Betsy Crowder, Kenneth C.Nitz • General Avlana,ger:L.Craig Britton SKYLINE FIELD OFFICE: Expenditures by Year CONSULTANTS 1992-93 1993-94 1994-95 1995-96 1996-97 1997-98 TOTAL Nielson Geotechnical Leach field investigation 1,413 1,413 Milstone Geotechnical Soil report, testing services 3,975 4,502 1,000 9,477 Sandis Humber Jones Grading, drainage plans 3,898 3,106 8,939 2,767 18,710 Dennis Kobza & Associates Architectural plans 4,924 1,195 26,860 4,026 32-081 Associated Project Management Engineering estimate 2,220 20 Town of Los Gatos Project management services 13,934 8,470 22,404 Terra Tech Testing services 125 125 CONSTRUCTION Misc. Site Preparation Demo, tree removal 4,100 4,100 Permits Use permit, grading, building 3,160 11,746 14,906 TAG Group Corporation Building construction 413,329 50,363 463,692 Pacific Gas & Electric Move pole, transformer 2,798 362 3,160 Langley Hill Quarry Septic tank, leach field 7,000 7,000 Pacific Bell Telephone service 584 584 TOTAL 4,924 7,873 7,461 79,009 434,165 51,363 51, 71 Regional Open , ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-97-75 Meeting 97-11 April 23, 1997 AGENDA ITEM Final Adoption of an Amendment to the Preliminary Use and Management Plan for La Honda Creek Open Space Preserve to Change the Use of an Existing Mobile Home from a Caretaker Residence to an Employee Residence GENERAL MANAGER'S RECOMMENDATION 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 outbuildings for District storage. DISCUSSION At your March 26, 1997 meeting, you considered an amendment to the Use and Management plan for La Honda Creek Open Space Preserve (see report R-97-29). This amendment would change the use of some of the existing buildings from a caretaker residence to an employee residence and District storage. One member of the public contacted the District regarding this issue. His questions were adequately dealt with during discussions with staff. The District's Real Property Representative, M. Williams, has been in close contact with the current caretakers and August 1, 1997 has been agreed to as a mutually acceptable date for the tenants to vacate the property. Prepared by: Gordon Baillie, Operations Analyst Contact Person: John Escobar, Operations 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,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C. Nitz• Gengral Manager:L.Craig Britton Regional Open ice 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-97-77 Meeting 97-11 June 26, 1996 AGENDA ITEM Cancellation of May 14, 1997 Regular Meeting GENERAL MANAGER'S RECOMMENDATION Cancel your May 14, 1997 Regular Meeting. DISCUSSION I recommend that you cancel the May 14, 1997 Regular Meeting. The few Agenda items that might have been presented at the May 14 meeting have been placed on the April 23 agenda or can easily be placed on the May 28 agenda. Additionally, the last several Board meetings have had very full agendas, many with complicated subjects such as the annual budget. As a result, day-to-day staff assignments have been impacted to the point that an extra two weeks between meetings would be very helpful to reduce staff workload. Prepared by: Malcolm Smith, Acting District Clerk 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 Claims No. 97-09 Meeting 97-11 Date: April 23, 1997 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2054 375.00 Aaron' Septic Tank Service Sanitation Services 2055 85.00 Able Septic Tank Service Sanitation Services 2056 40.55 Ace Fire Equipment & Service Company Fire Extinguisher Servicing 2057 207.36 Acorn Naturalists Resource Documents 2058 69.62 Kristi Altieri Vehicle Expense 2059 166.71 A-1 Sanitation Sanitation Services 2060 9.10 Apollo Enterprises Medical Services 2061 72.94 A T & T Telephone Services 2062 151.98 Beck's Shoes Uniform Expense 2063 190.95 Bowerman Electric Enterprise Rental Repairs 2064 67.90 Cabela's Inc. Uniform Expense 2065 133.48 California Water Supply Water Service 2066 9,271.01 Callander Associates Engineering Services--Windy Hill 2067 662.00 California Department of Fish and Game Streambed Alteration Permit 2068 54.00 California Department of Transportation Resource Documents 2069 125.00 Camino Medical Group Medical Services 2070 56.92 Mark Casaretto Reim bursement--Uniform Expense 2071 248.96 Circuit City Enterprise Rental Stove 2072 20.00 Patricia Cirimele Docent Training 2073 3.21 Clarke's Auto Parts/Machine Shop Vehicle Repair Part 2074 302.41 Communication & Control Inc. Utilities--Mt Umunhum P G & E Pump 2075 38.97 Contemporary Engraving Name Badge Engraving 2076 2,122.08 William Cotton and Associates Geotechnical Services--Teague Hill 2077 45.00 Cougar Couriers Courier Service 2078 1,650.00 D & J Rooter Enterprise Rental Repairs 2079 48.71 Federal Express Express Mail Service 2080 7.54 Film to Frame Slide Developing 2081 2,580.03 First Trust National Association Note Paying Agents 2082 85.00 Foster Bros. Security Systems, Inc. Keys 2083 450.00 Geoforensics, Inc. Geotechnical Consulting--Windy Hill 2084 28.43 G & K Services Shop Towel Service 2085 586.17 Goodyear Auto Service Center Vehicle Tire and Repair Service 2086 11.63 GTE Mobilnet Cellular Phone Service 2087 2,071.52 The Habitat Restoration Group Erosion Control--Thornewood Slide 2088 1,893.07 Hertz Equipment Rental Water Truck Rental--Skyline 2089 84.27 The Home Depot Paint & Supplies 2090 111.22 J C Penny Uniform Expense 2091 65.26 Tom Karnofel Reim bursement--Field Supplies 2092 3,329.30 Jakaby Engineering Engineering Services--La Honda Creek 2093 120.00 Killroy Pest Control, Inc. Pest Control Service--Hosking Barn 2094 19.83 Lab Safety Supply, Inc. Safety Signs 2095 150.00 Tom Lindsay Docent Training 2096 257.31 Los Altos Garbage Company Dumpster Service 2097 240.32 Marin Supply Company Restroom Supplies 2098 360.00 Marie McGough Accounting Consultant 2099 233.73 Julie McCullough Vehicle Expense Page 1 Claims No. 97-09 Meeting 97-11 Date: April 23, 1997 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2100 1,1 16.29 Micro Accounting Solutions Computer Software 2101 229.27 Moffett Supply Company Restroom Supplies 2102 740.70 Monogram Sanitation Restroom Chemicals 2103 353.40 Moore Medical Corp. Medical Services 2104 50,000.00 City of Mountain View Deer Hollow Farm Agreement 2105 113.57 Noble Ford Tractor, Inc. Tractor Oil and Parts 2106 77.95 *1 Northern Energy Propane Service 2107 880.91 Office Depot Office Supplies 2108 1,588.48 Orchard Supply Hardware Field Tools and Supplies 2109 3,328.78 Pacific Bell Telephone Service 2110 21.00 Cashier, Department of Pesticide Resource Documents 2111 60.90 PIP Printing April Newsletter Printing 2112 20.99 Precision Engraving Name Tag Engraving 2113 60.00 Price Costco Membership Renewal 2114 21.13 Pringle Tractor Company Tractor Part 2115 6.57 Rancho Ace Hardware & Garden Shop Field Supplies 2116 56.83" Regents UC - CPER Resource Documents 2117 145.00 The Regents of University of California Resource Documents 2118 100.00 Regional Water Quality Control Board Review Fee--Bridge Permit 2119 605.76 Roy's Repair Service Vehicle Maintenance and Repairs 2120 109.83 Safety-Kleen Solvent Tank Service 2121 178.26 David Sanguinetti Reimbursement--Field Supplies and Dues 2122 � San Mateo County Planning Fees-La Honda Creek Bridge 3,999.00 2123 265.00 Santa Clara County Department of Fuel Storage Permit Environmental Health 2124 320,000.00 Santa Cruz Title Company Paul Property Acquisition 2125 98.62 *2 Second Cup Business Meeting Expense 2126 95.76 Cheryl Solomon Vehicle Expense 2127 132.00 *3 State of CA-Department of Fish and Game Permit 2128 624.01 STATEWIDE Safety & Signs, Inc. Safety Signs 2129 54.95 Linda Stuckey Reimbursement--Signs 2130 146.01 Summit Uniforms Uniform Supplies 2131 1,197.90 *4 Superior Hydro-Seeding Hydroseeding--Thornewood Slide 2132 50,363.00 Tag Group Corp. Skyline Office Construction Company 2133 62.17 Tap Plastics Field Supplies 2134 39.99 Tearney & Tearney Resource Document 2135 918.70 Turner & Mulcare Legal Services 2136 35.85 Trestle Property Management-De Benedetti Water Master Meter Reading Service 2137 10.00 U C Regents-Berkeley Seminar Registration—M. DeBeauvieres 2138 2,523.50 Wells Fargo Bank Note Paying Agents 2139 48.88 West Coast Rebar Rebar 2140 308.17 West Publishing Payment Center Resource Document *1 Urgent Check Issued April 11, 1997. *2 Urgent Check Issued April 09, 1997. *3 Urgent Check Issued April 11, 1997. *4 Urgent Check Issued April 14, 1997. Page 2 Claims No. 97-09 Meeting 97-11 Date:April 23, 1997 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Amount Name Description 2141 88.50 Whitmore, Johnson & Bolanos Legal Services 2142 300.00 Roberta Wolfe Recording Services 2143 47.68 Yardbird Equipment Sales Equipment Parts 2144R 62.91 Gordon C. Baillie Vehicle Expense 2145R 92.25 *5 Second Cup Business Meeting Expense 2146R 64.89 Lisa Zadek Vehicle Expense 2147R 521.81 Petty Cash Local and Out of Town Business Meetings Nature Center Supplies, Film, Office Supplies, Maps and Field Supplies *5 Urgent Check Issued April 23, 1997. TOTAL 470,820.66 Page 3 Claims No. 97-09 Meeting 97-11 Date:April 23, 1997 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2054 375.00 Aaron' Septic Tank Service Sanitation Services 2055 85.00 Able Septic Tank Service Sanitation Services 2056 40.55 Ace Fire Equipment & Service Company Fire Extinguisher Servicing 2057 207.36 Acorn Naturalists Resource Documents 2058 69.62 Kristi Altieri Vehicle Expense 2059 166.71 A-1 Sanitation Sanitation Services 2060 9.10 Apollo Enterprises Medical Services 2061 72.94 A T & T Telephone Services 2062 151.98 Beck's Shoes Uniform Expense 2063 190.95 Bowerman Electric Enterprise Rental Repairs 2064 67.90 Cabela's Inc. Uniform Expense 2065 133.48 California Water Supply Water Service 2066 9,271.01 Callander Associates Engineering Services--Windy Hill 2067 662.00 California Department of Fish and Game Streambed Alteration Permit 2068 54.00 California Department of Transportation Resource Documents 2069 125.00 Camino Medical Group Medical Services 2070 56.92 Mark Casaretto Reimbursement--Uniform Expense 2071 248.96 Circuit City Enterprise Rental Stove 2072 20.00 Patricia Cirimele Docent Training 2073 3.21 Clarke's Auto Parts/Machine Shop Vehicle Repair Part 2074 302.41 Communication & Control Inc. Utilities--Mt Umunhum P G & E Pump 2075 38.97 Contemporary Engraving Name Badge Engraving 2076 2,122.08 William Cotton and Associates Geotechnical Services--Teague Hill 2077 45.00 Cougar Couriers Courier Service 2078 1,650.00 D & J Rooter Enterprise Rental Repairs 2079 48.71 Federal Express Express Mail Service 2080 7.54 Film to Frame Slide Developing 2081 2,580.03 First Trust National Association Note Paying Agents 2082 85.00 Foster Bros. Security Systems, Inc. Keys 2083 450.00 Geoforensics, Inc. Geotechnical Consulting--Windy Hill 2084 28.43 G & K Services Shop Towel Service 2085 586.17 Goodyear Auto Service Center Vehicle Tire and Repair Service 2086 11.63 GTE Mobilnet Cellular Phone Service 2087 2,071.52 The Habitat Restoration Group Erosion Control--Thornewood Slide 2088 1,893.07 Hertz Equipment Rental Water Truck Rental--Skyline 2089 84.27 The Home Depot Paint & Supplies 2090 111.22 J C Penny Uniform Expense 2091 65.26 Tom Karnofel Reimbursement--Field Supplies 2092 3,329.30 Jakaby Engineering Engineering Services--La Honda Creek 2093 120.00 Killroy Pest Control, Inc. Pest Control Service--Hosking Barn 2094 19.83 Lab Safety Supply, Inc. Safety Signs 2095 150.00 Tom Lindsay Docent Training 2096 257.31 Los Altos Garbage Company Dumpster Service 2097 240.32 Marin Supply Company Restroom Supplies 2098 360.00 Marie McGough Accounting Consultant 2099 233.73 Julie McCullough Vehicle Expense Page 1 Claims No. 97-09 Meeting 97-11 Date:April 23, 1997 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2100 1,116.29 Micro Accounting Solutions Computer Softwar; 2101 229.27 Moffett Supply Company Restroom Supplies 2102 740.70 Monogram Sanitation Restroom Chemicals 2103 353.40 Moore Medical Corp. Medical Services 2104 50,000.00 City of Mountain View Deer Hollow Farm Agreement 2105 113.57 Noble Ford Tractor, Inc. Tractor Oil and Parts 2106 77.95 *1 Northern Energy Propane Service 2107 880.91 Office Depot Office Supplies 2108 1,588.48 Orchard Supply Hardware Field Tools and Supplies 2109 3,328.78 Pacific Bell Telephone Service 2110 21.00 Cashier, Department of Pesticide Resource Documents 2111 60.90 PIP Printing April Newsletter Printing 2112 20.99 Precision Engraving Name Tag Engraving 2113 60.00 Price Costco Membership Renewal 2114 21.13 Pringle Tractor Company Tractor Part 2115 6.57 Rancho Ace Hardware & Garden Shop Field Supplies 2116 56.83 Regents UC - CPER Resource Documents 2117 145.00 The Regents of University of California Resource Documents 2118 100.00 Regional Water Quality Control Board Review Fee--Bridge Permit 2119 605.76 Roy's Repair Service Vehicle Maintenance and Repairs 2120 109.83 Safety-Kleen Solvent Tank Service 2121 178.26 David Sanguinetti Reimbursement--Field Supplies and Dues 2122 2,122.00 San Mateo County Planning Fees-La Honda Creek Bridge 2123 265.00 Santa Clara County Department of Fuel Storage Permit Environmental Health 2124 320,000.00 Santa Cruz Title Company Paul Property Acquisition 2125 98.62 *2 Second Cup Business Meeting Expense 2126 95.76 Cheryl Solomon Vehicle Expense 2127 132.00 *3 State of CA-Department of Fish and Game Permit 2128 624.01 STATEWIDE Safety & Signs, Inc. Safety Signs 2129 54.95 Linda Stuckey Reimbursement--Signs 2130 146.01 Summit Uniforms Uniform Supplies 2131 1,197.90 *4 Superior Hydro-Seeding Hydroseeding--Thornewood Slide 2132 50,363.00 Tag Group Corp. Skyline Office Construction Company 2133 62.17 Tap Plastics Field Supplies 2134 39.99 Tearney & Tearney Resource Document 2135 918.70 Turner & Mulcare Legal Services 2136 35.85 Trestle Property M anagement-De Benedetti Water Master Meter Reading Service 2137 10.00 U C Reg ents-Berkeley Seminar Registration--M. DeBeauvieres 2138 2,523.50 Wells Fargo Bank Note Paying Agents 2139 48.88 West Coast Rebar Rebar 2140 308.17 West Publishing Payment Center Resource Document *1 Urgent Check Issued April 11, 1997. *2 Urgent Check Issued April 09, 1997. *3 Urgent Check Issued April 11, 1997. *4 Urgent Check Issued April 14, 1997. Page 2 Claims No. 97-09 Meeting 97-11 Date:April 23, 1997 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Amount Name Description 2141 88.50 Whitmore, Johnson & Bolanos Legal Services 2142 300.00 Roberta Wolfe Recording Services 2143 47.68 Yardbird Equipment Sales Equipment Parts TOTAL 468,201.80 Page 3 Regional Open Sl.,xe 1 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manager DATE: April 23, 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 �Congre�� of t�je �niteb �tate� 300we of Aepregentatibeg Wahnngton, MC 20515 FOR IMMEDIATE RELEASE CONTACT: Terese Schlachter/Maloney April 17, 1997 (202) 225-7944 Lewis Roth/Eshoo (202) 225-8104 Representatives Eshoo & Maloney Introduce the Act to Save America's Forests Washington, D.C.--With Earth Day '97 fast approaching, Representatives Anna Eshoo (D-CA) and Carolyn Maloney (D-NY) today introduced the Act to Save America's Forests, which would protect native biodiversity on federal forest lands. The legislation would end clear-cut logging, promote more environmentally-friendly and economically-sustainable logging, and provide strong protection to the last remaining core areas of forest biodiversity in the United States. There are over 50 original cosponsors of the bill. "This legislation will allow common sense to take root in the management of federal forests," said Rep. Eshoo. "Current logging methods practiced in these regions are limiting the diversity of wildlife, degrading the soil, promoting serious erosion, and destroying habitat necessary for the survival of endangered species. The Act to Save America's Forests will help put an end to the destruction of our dwindling forests and preserve our nation's natural heritage for future generations." Rep. Maloney said, "We're just asking the U.S. Forest Service to keep better track of this precious commodity. No U.S. company should be allowed to operate in a way that is disruptive to the environment. Loggers are using methods which threaten one of America's most beloved resources. Forests belong to the American people--they have an interest in seeing them protected." The Act to Save America's Forests would amend existing federal land management laws to prohibit clear cutting and other forms of even-aged logging, while encouraging the use of selection management or the cessation of forest management for timber purposes. "Clear cutting" refers to logging more than half of commercial trees in a given area in a short period of time, while "even-age management" leads to the growth of commercial timber so that all trees in an area are generally within ten years of the same age. "Selection management" means the application of logging and other actions needed to maintain continuous high forest cover where it naturally occurs. In addition, the Act would prohibit road construction or reconstruction, extractive logging, and any improvements that could help extractive logging in Northwest Ancient Forests, roadless areas, and designated special areas. Sites in twenty states are specifically listed as special areas in the Act. These forests must be protected to provide genetic material for any future restoration efforts and serve as a scientific baseline to measure the effects of logging. The Act provides penalties ranging between $5,000 and $50,000 per violation of its provisions. PRIN rEO ON RECYCLED PAPER 1 1997 T F i i SAE I 1law- shooCoNGR U.S. House of Representatives 14th Congressional District of California FOR IMMEDIATE RELEASE CONTACT: Lewis Roth 4 ow April 16, 1997 (202) 225-8104 Eshoo Testifies For Purchase Of Buy Bair Island Washington, D.C.--Rep. Anna Eshoo (D-CA) today testified before the House Appropriations Subcommittee on Interior to request $10 million in federal appropriations from the Land and Water Conservation Fund to complete the purchase of Bair Island for the Don Edwards San Francisco Bay National Wildlife Refuge. Eshoo's appearance before the Subcommittee follows her efforts earlier this year to demonstrate broad Bay Area support for the funding through a letter she sent from herself and seven other local Members of Congress to Interior Subcommittee Chair Ralph Regula (R-OH). She also testified in 1996 on behalf of Bair Island funding. "For several years, I have come before this Subcommittee and asked for appropriations for Bair Island--but this year is different," said Eshoo. "In the past, the owner, Kumagai Gumi Co. Ltd., was unwilling to sell the land. However, as of January 1997, it has agreed to sell Bair Island to Peninsula Open Space Trust--or POST--for $15 million, $5 million of which will come from POST and the rest from the federal = ' 1 e toll a , ' elude tjn million in the F,;Scal V ear 1008 TWv;�rgit verent. I am LV "SX1 LI EII% 6V %.: III I x e . . n Appropriations Bill to cover the federal share of this purchase. "Bair Island is unique in many ways. It is easily restorable habitat that already is home to 125 different species of birds, including blue herons, egrets, and Caspian terns. Further, Bair Island is home to three endangered species: the California Clapper Rail, the California Least Tern, and the Salt Marsh Harvest Mouse. Two other birds listed as endangered or threatened--the American Peregrine Falcon and the California Brown Pelican--forage on the land. Restoration of the habitat in and of itself could provide enough protection to move the California Clapper Rail off the endangered species list. "It is because of the tremendous biological value and relative ease involved in restoring the area that the Fish and Wildlife Service has put Bair Island on its priority acquisition list for years. In fact, it is the number one acquisition priority for Fish and Wildlife Region 1, which consists of California, Washington, Oregon, Nevada, Idaho, Hawaii, and Guam. It should be a top priority for this Subcommittee as well." Eshoo's January 1997 letter from Bay Area Members of Congress to Chairman Regula was signed by Rep. George Miller (D-CA), Rep. Tom Lantos (D-CA), Rep. Zoe Lofgren (D-CA), Rep. Tom Campbell (R- CA), Rep. Lynn Woolsey (D-CA), Rep. Pete Stark (D-CA), and Rep. Ronald Dellums; (D-CA). ;!!0!jjjl .COV 110 00 Sources of Information About the District A L 1, 19 l ICE Total olk-in, Inquiries or y .1 n 4 CH � I (note:an inquiry is a call, walk-in,e-mail,or subscription request) (�( r�(\ / Preserve posting 3% District Periodicals Other(repeat visitor,bike club/shop, 11% sierra club,scouts,maps,drive-by) 9% Art S Wine Festivals 5% Internet 6% Visitors Map 1% Other Displays/Events/Presentations 7% Chambers of Commerce 2% y Random Mailing ' 26% Personal Referral 15% x a Newspapers/Magazines/ Books/Media 15% Page 2 Sheetl Geographic Distribution of Inquiries to the District-Sorted by County 3,282 total inquiries received(phone call,walk-in,email,newsletter sign-up) Al.,„ado C-111y 2'Z, San Mateo County(ynthin District) _ 1 4% Santa Clara County(outside District) Contra Costa County 3% San Mateo County(outside District) Maria County ei Santa Cruz County 3% San Francisco County 3% Santa Clara County(yathin District) 50 Page 13 Sheetl Geographic Distribution of Inquiries to the District Within District Only, By City Within Santa Clara County 1,629 Inquiries in This Category(of 3,282 Total Inquiries) Altos Cupertino % Los Altos Hills 19, @ 2% Los Gatos 8% Monte Sereno 0% y. Sunnyvale 10% Mountain View 18% y� r� Saratoga F 9 Palo Alto/Stanford 17% Geographic Distribution of Inquiries to the District Within District Only, By City Within San Mateo County 445 Inquiries in This Category(of 3,282 Total Inquiries) East Palo Alto Atherton 2% 5% 2, Redwood City 29% Menlo Park 34% Portola Valley 9% San Carlos 21% Page 4 Sheet? Geographic Distribution of Inquiries to the District From Within District Only--Sorted by City 2,074 Inquiries in This Category(of 3,282 Total Inquiries) Atherton Menlo Park <1% Sunnyvale 8% San Carlos 9% 5% Portola Valley s' 2% Saratoga 16% Redwood City 7% Woodside 2% East Palo Alto 0°% Los Altos 8% Palo Alto/Stanford 16% Los Altos Hills 2% Mountain View Los Gatos 17% Monte Sereno 7°% 0% Approximate Geographic Distribution of Inquiries to the District--Sorted by Ward 2,074 Inquiries in This Category(of 3,282 Total Inquiries) Ward 7-Nitz 9% f. Ward 1-Siemens 20% Ward 6-Crowder K r, 12% Ward 5-Hanko 13% Ward 2-Davey 23°% Ward 4-Smernoff 14% Ward 3-Cyr 8% Page 3 Sneed Geographic Distribution of Inquiries to the District Santa Clara County, Outside District-Sorted by City 491 Inquiries in This Category(of 3,282 Total Inquiries) Campbell Santa Clara 9% Milpitas 17% 1% Morgan Hill 1% San Jose 72 I I Geographic Distribution of Inquiries to the District- San Mateo County, Outside District--Sorted by City 339 Inquiries in This Category(of 3,282 Total Inquiries) S.San Francisco Belmont 5% 10% Moss Beach # 1% Burlingame 9% ' Daly City San Mateo 3% 42% Foster City 9% Half Moon Bay 6% Hillsborough 4% San Bruno Redwood Shores 6% 2% Pacifica Milbrae 3% 3% Page 2 Regional Open Sp e MIDPENINSULA REGIONAL OPEN SPACE DISTRICT April 18, 1997 Mr. Tom Clifford 37 5 Poplar Street Half Moon Bay, CA 94019 Dear Mr. Clifford: Thank you for your recent letter regarding bicycle impacts at Purisima Creek Redwoods Open Space Preserve. The District appreciates your concern for the need to protect the quality of Purisima!s natural resources. The impact that bicycles are having on this preserve is an important component that the Board will consider when they undertake the Purisima Trails Plan. However, due to other priorities, the initiation of this planning process has unfortunately been delayed for,at least another year. I will ensure that you are notified once we start reviewing the plan. I hope that you will participate in the trails planning process. Thank you for your concern. Sincerely, �ieMc Ilough Open Space Planner cc: Nonette Hanko, NIROSD Board of Directors David Smemoff, NIROSD Board of Directors 330 Distel Circle 9 Los Altos,CA 94022-1404 • 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,Jed Cyr, David T.Smernoff, Nonette Hanko,Betsy Crowder,Kenneth C. Nitz 4 General Manager:L.Craig Britton Tom Clifford 375 Poplar St. Half Moon Bay, Ca 94019 415-725-3157 Julie McCullough Open Space Planner Midpeninsula Regional Opcn Space District „7 330 Distel Circle Los Altos, California (94022-14040) April 4, 1997 Dear Ms. McCullough: The plan to convert the Higgin-Purisima preserve to a dirt-bike track is working. I took these photos March 31, on the Whitmore Gulch trail. The photos aren't convincing, but they do show the muddy ruts in the wet spots and t h e dusty gravel in the d r y spots. The forest litter layer has been cut thru, and this trail is being ruined. Once more I strongly suggest that The Higgins Purissima Canyon preserve be properly protected. It's a vicious cycle: as it degrades to a dirt-bike track, the only users will be the bikers; and another gravel and mud obstacle course has been created. The "preserve" has been lost ... on your watch ! ' best regards Tom Clifford Regional Open Spine MIDPENINSULA REGIONAL OPEN SPACE DISTRICT • �_�4n9A"R April 18, 1997 Mr. Tom CliffordpR ? ��97 375 Poplar Street �.,,iONAL M1DPENtt,j1S JLA R."r� Half Moon Bay, CA 94019 opEN SPAC E ,TR6CT Dear Mr. Clifford: Thank you for your recent letter regarding bicycle impacts at Purisima Creek Redwoods Open Space Preserve. The District appreciates your concern for the need to protect the quality of Purisima's natural resources. The impact that bicycles are having on this preserve is an important component that the Board will consid r when they undertake the Purisima Trails Plan. However, due to other priorities inrtia ' n of this planning process has unfortunately been delayed for.at least anot year. I will ensure that you are notified once we start reviewing the plan. I hope that you will participate in the trails planning process. "Thank you for your concern. Sincerely, �(�f� ?�µ� r -, J L u ) iCullou I y �/� G e Mc Open Space Planner IF- V ' wo I SP � o' E .gyp � �' cc: Nonette Hanko, MROSD Board of Directors V�%' p � P4 David Smemoff, MROSD Board of Directors �' �pD� � K{'r' os jo� p01 10 aT 6(w lid" �µ iD �V d1 � 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 http://www.sen.ca.gov/I...nil000/sbl04S/svcnrw.tx http://www.sen.ca.gov/leg, bill/currei it/sb/from 1000/sbl 048/wairw.txt VOTES - ROLL CALL MEASURE: SB 1048 AUTHOR: Sher TOPIC: Coastal conservancy: San Francisco Bay Area Program. DATE: 04/15/97 LOCATION: SEN. N.R. & W. MOTION: Do pass, but re-refer to the Committee on Appropriations. (AYES 6. NOES 1. ) (PASS) AYES Hayden Alpert Monteith O'Connell Sher Thompson NOES Leslie ABSENT, ABSTAINING, OR NOT VOTING Johannessen Johnston 1 of 1 04/18/9715:48:42 Senate-News-Reply@S, 09 : 34 PM 4/17/97 , Message on bill ab1366 From: Senate-News-Reply@SEN. CA.GOV Date : Thu, 17 Apr 1997 21 : 34 : 22 -0800 (PST) Subject : Message on bill ab—1366 : billroot : [current .ab. froml300 . abl366] avcwpw.txt To : Recipients@proxy2 .ba .best . com, of@proxy2 .ba.best . com, bill@proxy2 .ba.best . com, ab—1366@proxy2 .ba.best . com, messages@proxy2 .ba.best . com Comments : Info News Distribution v2 . 4-4/950603-jms VOTES - ROLL CALL MEASURE : AB 1366 AUTHOR: Lempert TOPIC: Counties and regional park and open-space districts : property: hiking and riding trails . DATE : 04/15/97 LOCATION: ASM. W. , P. & W. MOTION: Do pass as amended and be re-referred to the Committee on Appropriations . (AYES 11 . NOES 0 . ) (PASS) AYES Machado Margett Cardoza Ducheny Frusetta Honda Poochigian Strom-Martin Thompson Torlakson Woods NOES ABSENT, ABSTAINING, OR NOT VOTING Bowen Cardenas 011er Thomson Printed for Malcolm Smith <mrosd@openspace.org> AB 1366 Page 1 Date of Hearing: April 15, 1997 ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE Michael J. Machado, Chairman AB 1366 (Lempert) - As Amended: April 9, 1997 SUBJECT: Parks and open space. SUMMARY: Authorizes Department of Parks and Recreation (DPR) to convey easement titles of the California Hiking and Riding Trail (CHRT) system in San Mateo County. Specifically, this bill: 1) Authorizes the DPR to convey all rights, title, and interest of seven easements or rights-of-way of the CHRT system, in San Mateo County (County) , to the County. The easements are located between Route 84 (La Honda Road) and Route 280. Permits improvement, construction, operation, and maintenance of the seven easements and rights-of-way by the County. Allows the County to acquire and develop additional trail facilities if needed for operation of the CHRT. Allocates $400, 000 from the Petroleum Violation Escrow Account (PVEA) to the County for the improvement, construction, and maintenance of the transferred areas. 2) Authorizes DPR to convey all rights, title, and interest of five easements or rights-of-way of the CHRT system, in San Mateo County, over to the Midpeninsula Regional open Space District (District) . The easements are located West and parallel of Skyline Boulevard (Route 35) between Allen Road and Spanish Ranch Creek, South of La Honda Road (Route 84) . Allows the District to acquire and develop additional trail facilities as needed for operation of the CHRT. Permits improvement, construction, operation, and maintenance of the five easements and rights-of-way by the District. Allocates $400, 000 from the PVEA to the District for the improvement, construction, and maintenance of the transferred areas. EXISTING LAW: Authorizes DPR to enter into operating agreements with any regional park district or regional open-space district for public land. FISCAL EFFECT: Appropriates $800, 000 from the PVEA to the District ($400, 000) and County ($400, 000) . COMMENTS: In the 1950's, California enacted the CRHT project, which envisioned the creation of a continuous hiking and equestrian trail through California from the Oregon border to Mexico. The project was never finished and has been abandoned. Currently, DPR has the authority to enter into operating agreements with local agencies. Under operating agreements, state land transferred to local agencies must continue to DPR standards to enhance the enjoyment, AB 1366 Page 2 recreational, and educational experience of the facility. The Midpeninsula Regional Open Space District has not entered into negotiations with DPR regarding the CHRT. Every year, there are negotiations between the Senate, Assembly, and Governor's office regarding the expenditure of PVEA funds. In the past, the funds have been split between the three, whereby each house determines how to use their PVEA allocation. To be considered for one-time PVEA funds, a project must reduce energy use. AB 3032 (Bates) , Chapter 841, Statutes of 1982, authorized DPR to transfer all rights, title, and interest of easements between the Alhambra Hills west of the City of Martinez and its junction with the Contra Costa Canal Trail to the East Bay Regional Park District for the CRHT. AB 415 (Torlakson) appropriates $350, 000 from the PVEA funds to the East Bay Regional Park District for construction of the Delta DeAnza Trail segment between Bailey Road and Railroad Avenue. REGISTERED SUPPORT / OPPOSITION: Support County of San Mateo Midpeninsula Regional Open Space District (sponsor) Sempervirens Fund Sierra Club, Loma Prieta Chapter Opposition None on file Analysis prepared by: Bethany Knorr / awpw j (916) 445-6164 Regional Open S, ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT t TO: Board of Directors FROM: C. Britton, General Manager DATE: April 18, 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 G Davey,Jed Cyr,David T.Smernoff, Nonette Hanko, Betsy Crowder, Kenneth C.Nitz I General Manager:L.Craig Britton INTER-OFFICE MEMORANDUM April 21, 1997 TO: Craig Britton, General Manger FROM: John Escobar, Operations Manager SUBJECT: MONTHLY FIELD ACTIVITY SUMMARY Month March Year 1997 VIOLATIONS TOTALS CITES CREMES TOTALS CITES Bicycles Auto burglaries 2 0 Closed area 17 6 Assault & battery on Speed 7 3 a peace officer 1 0 Helmet 37. 22 After hours 0 0 ACCIDENTS Dogs Bicycle 5 Prohibited area _8 6 Equestrian 0 Off-leash 15 9 Hiking/running �2 Closed area 1 1 Other first-aid 2 After hours 4 1 Search/rescue Fishing 0 0 Vehicle —I Swimming 0 0 Vandalism 1 0 ENFORCEMENT Off-road vehicle 1 0 Citations 76 Parking 28 22 Written warnings _6 1 Parking after hours 20 .6 Arrests 0 Dumping/littering 0 0 Police assistance 1 Campfires 0 0 Crime scene search 1 Camping 0 . 0 Weapons MUTUAL AID Actual contact 0 0 Accidents 5 Report only 0 0 Law Enforcement 3 Evidence of _0 0 Fire (vehicle) I Illegal trail construction 1 0 Landing Zone 2 Verbal trail conflict 1 0I Encroachment 1 _0 SUMMARIES OF SIGNIFICANT INCIDENTS March 3: B. Malone discovered an unauthorized trail constructed at El Corte de Madera OSP that appeared to have recent bicycle use. March 9: Seven cyclists were stopped at once in St. Joseph's Hill OSP by K. Carlson and T. Lausten. All seven were issued citations for not wearing helmets. March 13: K. Carlson attempted to stop a runner with a dog off leash at Fremont Older. He refused to stop and pushed Carlson as he ran by. The runner eventually was convinced to stop. He was issued a citation for the dog violation and warned of the consequences of assault and battery on a peace officer. March 15: A search for the body of a woman reported missing five months earlier was conducted at Los Trancos. Five CARDA search dog teams were utilized. District staff assisted for one day. No body was found. March lb: A man who had prior heart problems had a heart attack while hiking at Rancho. P. Hearin, M. Newburn, county fire, and medics responded. CPR was performed and the hiker was transported to Stanford Hospital where he was pronounced deceased. March 22: B. Downing attempted to issue a warning to a cyclist without a helmet at Russian Ridge, who lives outside the Bay Area. The person insisted he be issued a citation so he could challenge the regulation in the courts. He said he would continue to ride without a helmet as an act of civil disobedience. March 23: A verbal altercation occurred between an equestrian and a bicyclist at Fremont Older. T. Karnofel could hear the dispute and responded on his bicycle. He interviewed the bicyclist and some witnesses but was unable to catch up with the equestrian. March 23: M. Newburn and L. Paterson were called out to search for an overdue hiker at Rancho. They searched various areas. The hiker walked to a residence on Page Mill and phoned in safe. March 27: Two attempted auto burglaries occurred on Skyline Blvd. at the Methuselah Trailhead. The owners were bicycling in the preserve. Entry to the vehicles was not gained, but door locks were damaged. March 28: A 911 cell phone call was placed by a lost bicyclist in Sierra Azul. P. Hearin, K. Miller, T. Randall, county rangers and deputies checked the areas after the call was disconnected. They were unable to find anyone in distress. Approximately two hours later the cyclist called county dispatch and advised he was at home and safe. March 29: M. Newburn contacted a man wearing only shoes, hiking in a closed area at Rancho de Guadalupe. He had the hiker dress and issued him a citation for the closed area violation. March 30: K. Carlson and K. Miller conducted a brief search for an overdue hiker at Rancho. K. Carlson found him near Deer Hollow Farm. The man was transported to his vehicle. Regional Open Sce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT April 16, 1997 Ms. Joyce Loughmiller 6660 Devonshire Dr. San Jose, Ca. 95129 Dear Ms. Loughmiller Thank you for your April 5, 1997 post card regarding bicyclists in the Open Space Preserves. We are sorry to hear about your experiences. We respect your desire to use preserve trails without encountering inconsiderate bicyclists. District rangers do patrol the trails and issue citations to cyclists who are found riding on closed trails or speeding. In response to your concerns, we will continue to have rangers patrol the trails as frequently as possible. The District is working to educate the public about proper trail etiquette. In addition, the Use and Management Committee of the Board will be reviewing policy to ensure that all users have access to a Wilderness Experience. We will add your name to the mailing list, so you will be advised when these meetings occur. In addition to the rangers' patrols, there is also a volunteer trail patrol program. We are always looking for new volunteers to be active in this education effort and would welcome your involvement. To get more information, please call Mr Paul McKowan at (415) 691-1200. We appreciate the time you took to write us about this matter. We further appreciate your patience and support as the District struggles toward making multiple-use trails successful. incel-r-lely, L. Craig Britton General Manager LCBIgb cc: Board of Directors 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 Q Board of Directors:Pete Siemens,Mary C.Davey,led Cvr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • General,Manager:L.Craig Britton Regional Ili J MIDPENINSULA REGIONAL OPEN SPACE DISTRICT MCIn rxWum April 15, 1997 To: C. Britton, General Manager From: J. Escobar, Operations Manager Re: Restoration of Firebreak - Sierra Azul Staff will be working with Santa Clara County Parks to restore an old firebreak to its natural condition in the Sierra Azul Open Space Preserve. The firebreak parallels Priest Rock Road starting on District land and continuing onto Lexington Reservoir County Park. Although we are aware of some trail use by the public, especially mountain bicyclists, the alignment is not a designated trail either on our preserve or the County park. Use of the alignment as a trail route during recent years has caused extensive erosion damage. District staff and County parks staff agree that the erosion problem needs to be addressed by restoring the natural resource and eliminating any trail use. Staff anticipates that this work will be done within the next month. 330 Distel Circle m Los Altos, CA 94022-1404 Phone:415-691-1200 FAX: 415-691-0485* E-mail: mros(i@openspace.org Web site:www.openspace.org Board or Directors:Peter Siemens,Mary C. Davey.led Cyr,r, David T.Smernoff, Nonette!lanko, Betsy Crowder, Kenneth C.'0z - Genera(Nldr7dger L Craig Britto n A A . ■ e° + a:l.'. .•.4 J, to b '• �""' �a�.�y / ,Y9',, ,. . �� .� u+� P �:_ 4 i .l '•/. �� ` v..� ♦+ �' '�` .'S �t r s�.g..� ♦ .Y � ..K: " "sAc )a. T 1 '7b ... ''�� 1 ��P R • ' +I,s 1"'t,, 1'�. �/4 � ,�� '`;ti'�t,.:.l p';, /� -T,,;:.�...��a�r:n'_� �+.�.._ .d�zrdl�'4_{� >^-�.�4. ,• r } a4 a • x 7R.. �V� � +r`i�,�_IJ! ;gdldl, "•?i". ''y >a . F•t �1. y. «f� ��^�, :1+ � `7 '� ' :��\`,�'IF� �1i�1� •/"tt r'�� f�� i".-w'F�,r ''1 T" y(t�'5+�. � � 9' ar M`"•Y i 1 /� l\I `A'� r r `t( r.,x: r � .O. to .+. a,'!. "'r8 ,1J ..�,,..... ,i �� }�� r P��'°we''.. ,.' �r .`,`��,'�. .`_«y„� 'A'i�.✓' ,tiy,T.d�4+.^A. '"'w,. 1 • '."F 1/e >•� � .s, � •" j� ,:»5,., ,; • r a • . �rs 17- r/�`�ltl3,. ,fir �"�;'e •r°sc-��x�i x,Y � ,,€� �+y`Y' L�wIPT'�� ", ��.. lh�� ' � �; �� - � ..a.�- 3!ti'�„«d cS.:�.•4 SY��45QCOUNTY PARK 3� � '75M. , 011 IN '� .'".rx: ,.,...,+<' ' .. ''� .M',^,"r ^..l F b��/��,i�{ ' �'•». L'.�s`: f �F y fdyMat ` R �?% /'.�M � �_ *o; "'�I1. �ff1'(.' ' � ,� f�a• ._.„/� •`�'P �V JF� � P�� rw.:.:M '� �. •� .1 � "R%1.� r� � ... C�•.��w�"..»�..2` '�*4. M�..,h��.,�"'��„�+a"'�e�,'"",.�^"��; i�''��•:q�'i�cs'`a • "�,� �i� fit(FC7 , i I�'r/:, x . ! r � i; f'��?"a �✓i•,.,' ✓��e'Sir"''S .i' ! Will AV � �{�-`�'r�s � '""rrax� �v \�r ��v`� ;,ram _.. • `;k'\:.�v.;a#;;.�,. 'N y, aa BRIDGE+R to a � • a D�,c.M w��i�r ":M./�•'��`��.,i '*�"'^'"/. w��a�i�, 1 WOO MINI 11 �pQy, 1�'g � Y`•:",' .",' r. 'e. R^° .6RY �`+"^"�"sr'- .rk� v. .��1 w+, t*j(�/�� `Y",�r.'jpt�� `s�/��•°jl�z.»s"�+��'��if.? ti. � " % i 1 � 1 •ta j y. �0 (A � sa / *rP /rl;:n, ' 1 1 1 Pescadero Municipal Advisory Council POST OFFICE BOX 249,PESCADERO,CA 94060 To:. Mary C. Davey, Director Ward 2, MPROSD By Fax 415-691 0485 From: Maeva Neale,Secretary, Pescadero Municipal Advisory Council Date: April 8, 1997 Dear Mary, The following is for your use in connection with the April meeting of the Board of Directors of the Midpeninsula Regional Open Space District. At its most recent regular meeting on Thursday,April 3, 1997,the Pescadero Municipal Advisory Council passed the following motion by a vote of 5 in favor,3 against,and 1 abstaining: Whereas the Midpeninsula Regional Open Space District (MROSD) is a public agency formed in 1972 by voter initiative: and Whereas the MROSD includes coastal areas of San Mateo County; and Whereas MROSD has been successful in preserving some 41000 acres of foothill and baylands; and Whereas MROSD will consider at its 4/9 Board meeting whether to devote ' staff resources to conducting research on whether and how to preserve Coastside open space;and Whereas a significant number of.Coastside residents have voiced support for open space preservation at various government and community group meetings and press forums; And With the consideration that the MPROSD will have as part of its process public meetings where members of the community can make comments and ask questions;that the MPROSD will consider the need for maintaining existing housing on any land which may acquired;that permitted uses of acquired land be clarifies and possibly expanded to include agricultural-and other uses; that management issues[such as feral pigs,which can breed on open space land and affect neighboring agricultural uses]be addressed, Be it resolved that the HMO City Council supports MROSD's conduct of Coastside open space research and roquests documentation and presentation of results when they become,available. R Rt Sincerley, r a'Ltl� 1 1q7Maeva Neale, Secretary, Pescadero Municipal Advisory CouncilLA RE`G10NAL F nf`z T Ri-T mrosd@netcom.com,4/4 1:04 PM,P-MAC Resolution r�IPOSD extension 1 .........................................................-........................................................................................................................................................ .............................. ......�..... ...... To: mrosd@netcom.ccan Fran: maevan@southcoast.net (Maeva Neale) Subject: P-MAC Resolution re MPOSD extension To: Mary C. Davey, Director, Ward 2 Fran: Maeva Neale, Secretary, Pescadero Municipal Advisory Council Date: April 8, 1997 Dear Mary, At its last regular meeting on Thursday Paril 3, 1997, the Pescadero Municiapl Advisory Council passed the following motion by a vote of 5 in favor, 3 against, and 1 abstaining. Whereas the Midpeninsula Regional Open Space District (MROSD) is a public agency formed in 1972 by voter initiative: and Whereas the MROSD includes coastal areas of San Mateo County; and Whereas MROSD has been successful in preserving some 41000 acres of foothill and baylands; and Whereas MROSD will consider at its 4/9 Board meeting whether to devote staff resources to conducting research on whether and how to preserve Coastside open space; and Whereas a significant number of Coastside residents have voiced support for open space preservation at various government and community group meetings and press forums; And with the consideration that the MPOSD will have as part of its process public meetings where memebers of the ocmmunity can make comments and ask questions; that the MPOSD will consider the need for maintining existing housing on any land which may be acquired; that permitted uses of acquired land be clarified and possibly expanded to include agricultural and other uses; that management issues [such as feral pigs, which can breed on open space land and affect neighboring agricultural uses] be addressed, Be it resolved that the Pescadero Municipal Adisory Council supports MROSD's conduct of Coastside open space research and requests documentation and presentation of results when they become available. Sincerely, Maeva Neale, Secretary, on behalf of the P-MAC U/ L ADC 1 1 1997 MIDPENINSULA REGIONAL OPEN CPArr7 Printed for maevan@southcoast.net (Maeva Neale) 1 I A -_ . ; FM J�+ g #PR _ 1997dpe / J ` 3 3 D,s+e C� 513 I fill%itIIIIII1i1111 II11I fill 1ii 11 It Ifill You- ha ✓vP v+- fo do So•�t P � n P � 0q, C. Az r Cow -4-r t a,, c<- :ec h r�C 69yv-e r .Sd --�-(/At Q e�I- 5-h a-� �u k+- �J 5 ' � 7 e4- �� J J 0,7�p/ C,- 95J�2/ Regional Open Sp e 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT April 7, 1997 President Barbara Kausman and Honorable Supervisors City and County of San Francisco 401 Van Ness Ave., Room 308 San Francisco, CA 94102 Re: Support for Bay Area Ridge Trail through Peninsula Watershed Lands Dear President Kausman and Honorable Supervisors: On behalf of the Midpeninsula Regional Open Space District (the District) I would like to encourage the San Francisco Board of Supervisors to include the Bay Area Ridge Trail on existing fire roads through the western portion of the Peninsula Watershed lands as part of the Watershed Master Plan. This will help complete a major portion of this nationally-recognized trail project passing through all nine Bay Area counties and linking major park and open space areas. Our District owns and manages approximately 40,000 acres of open space land on the San Francisco Peninsula in a series of 23 preserves stretching from the Peninsula watershed boundary on the north to Los Gatos in the south. We own and manage several preserves near the Peninsula watershed lands, and one preserve, Pulgas Ridge in San Carlos, that abuts the watershed easterly of Interstate 280. As an active open space preservation agency, we expect to acquire more lands abutting or near the watershed in the future. We hope to continue to coordinate with the Water Department to help manage public use and protect the overall environmental quality of the region. Throughout the watershed planning process our District and many other local and national government agencies and organizations have expressed the opinion that this key regional trail can be accommodated on existing fire roads to the west of the reservoirs without threatening water quality objectives or overall environmental quality. Our District, and many of the other commenting agencies have extensive experience managing the use of the Ridge Trail and other regional trails. We conclude that the level and type of use on the Ridge Trail will have much less impact and have lesser management responsibility than the existing use on the paved Sawyer Camp Trail, for example. We are prepared to provide advice and assistance on planning and management of Ridge Trail use so that objectives and concerns are addressed. 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.Davev,led Cvr.David T.Smernoff, Nonette Hanko,Betsy Crowder,Kenneth C.Nitz• General Manager L. 'Wraig Britton President Barbara Kausman and Honorable Supervisors City and County of San Francisco April 7, 1997 Page 2 We encourage the City of San Francisco to take an active role in supporting this important regional trail, which has been embraced by nearly every other land-owning agency and outdoor organization in the Bay Area. Sincerely, Mary C. Davey, President Board of Directors cc: Paul S. Deutsch, Environmental Review Officer, San Francisco Planning Department Brian O'Neill, Superintendent, Golden Gate National Recreation Area Pat Sanchez, Director, San Mateo County Parks and Recreation Division Andrew Lisac, Executive Director, Bay Area Ridge Trail Council Paul Romero, Director, Santa Clara County Parks Department MROSD Board of Directors RA:MCD - ................ ................