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Home My Public Portal About19970813 - Agendas Packet - Board of Directors (BOD) - 97-21 Regional , we MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-21 REVISED REGULAR MEETING BOARD OF DIRECTORS AGENDA* 7:30 P.M. 330 Distel Circle Wednesday Los Altos, California August 13, 1997 (7:30) ROLL CALL ** ORAL COMMUNICATIONS -- Public ADOPTION OF AGENDA *** ADOPTION OF CONSENT CALENDAR -- M. Davey *** APPROVAL OF MINUTES July 9, 1997 - Meeting 97-17 (Consent Item) July 9, 1997 - Meeting 97-18 (Consent Item) *** WRITTEN COMMUNICATIONS (Consent Item) BOARD BUSINESS (7:45) 1. Tentative Adoption of an Amendment to the Use and Management Plan for the Kennedy-Limekiln Area of Sierra Azul Space Preserve to Confirm the Closure and Restoration of Priest Rock Bypass Trail (Also Known as Moody Trail) -- J. McCullough (8:15) 2. Approval of Residential Rental Agreement and Authorization for the General Manager to Execute the Residential Rental Agreement with Jay and Perry Thorwaldson for the Former Landre Residence at Long Ridge Open Space Preserve -- M. Williams (8:25) 3. Report on Regional Open Space Plan Public Input Phase and Confirmation of Plan Review Process for Completion of a Draft Regional Open Space Plan -- R. Anderson (8:45) 4. Award of Contract for Landslide Repair Projects at Monte Bello and St. Joseph's Hill Open Space Preserves; Authorization for the General Manager to Enter Into a Contract for Performance of the Work with the Lowest Responsible Bidder for the Landslide Repair Projects on Stevens Canyon Trail in Monte Bello Open Space Preserve and Jones Trail in St. Joseph's Hill Open Space Preserve (Due to the Accelerated Schedule for this Project, Staff will Celebrate 25 Years of en S ace Pre p p O eervat�roni 330 Distel Circle - Los Altos, CA 94022-1404 - Phone: 41 5-691-1 200 s 1972.1997 FAX:415-691-0485 ® E-mail:mrosd@openspac_e.org a Web site:www.openspace.org &� Board ot Directors:Pete Siemens, ._.. v_u__ . ._..� _.,__._ �_....�... ...... ....__ �..`.... Mary C.Davey,Jed Cyr, David T.Smernoff, Nonette Hanko, Betsy Crowder,Kenneth C.Nitz - General Manager.L.Craig Britton L Meeting 97-21 Page 2 Report on Bid Results of the Bid Opening on Tuesday, August 12 and Final Staff Recommendation at your August 13 Meeting); Authorization for the General Manager to Increase the Contract Amount for Terratech, Geotechnical Engineers from $43,000 to $84,000 to Cover all Projected Services Through Completion of Construction on Five Landslide Repair Projects; and, Review the Overall Status of the Five FEMA-funded Landslide Repair Projects, Including Skyline Ridge, Long Ridge, and Purisima Creek Redwoods Open Space Preserves -- R. Anderson (9:00) 5. Approval of a $3,000 Meritorious Pay Award for the District's Controller for Fiscal Year 1996-1997 -- M. Davey (9:05) 6. Authorization for the General Manager to Approve Various District Actions on an Administrative Basis: Approval or Denial of Claims not to Exceed $2,500; Extension of Expiration Date and Minor Amendments to Permits to Enter; and Confirm Authority to Enter into Contracts Pursuant to Public Resources Code Section 5549(b) -- C. Britton and S. Schectman Resolution Authorizing the General Manager to Approve or Deny Certain Claims Against the District, to Approve Amendments to Permits to Enter District Property and to Contract for the Payment for Services, Supplies, Materials, or Labor Pursuant to Public Resources Code Section 5549(b) *** 7. Authorization for Staff to Solicit Bids for Seismic Upgrade and Improvements to Foothills Shop Building at Rancho San Antonio Open Space Preserve -- D. Woods *** 8. Approval and Establishment of Section 125 Cafeteria Plan Including Dependent Care Assistance and Medical Expense Reimbursement Plans and Authorization for the General Manager to Execute Any Necessary Documents to Implement the Plans and Authorization for the General Manager to Enter Into an Agreement for Services with United Administrative Services to Administer the Dependent Care Assistance and Medical Expense Reimbursement Plan -- D. Dolan Resolution Adopting An Internal Revenue Code Section 125 Cafeteria Plan and Establishing Dependent Care Assistance and Medical Reimbursement Plans *** 9. Denial of Claim Against the District Filed by Ron and Wanda Oxyer dba American River Bicycle Shop -- S. Schectman *** 10. Scheduling of Special Meetings of the District's Board of Directors on August 23, 1997 and September 20, 1997 for the Purpose of Conducting Tours of District Lands for Invited Local Public Officials and Scheduling of Special Meetings of the District's Board of Directors on September 17, October 15, and November 5, 1997 for the Purpose of Conducting Joint Meetings with San Mateo County Parks Commission, Santa Clara County Open Space Authority, and Santa Clara County Parks Commission to Discuss the District's Regional Meeting 97-21 Page 3 Open Space Plan. (9:10) INFORMATIONAL REPORTS -- Directors and Staff *** REVISED CLAIMS (Consent Item) CLOSED SESSION - (Continued, if necessary) ADJOURNMENT *NOTE. Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. ** TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during oral communications. Each speaker will ordinarily be limited to 3 minutes. Alternately, you may comment to the Board by a written communication, which the Board appreciates. *** All items on the consent calendar shall be approved without discussion by one motion. Board members. the General Manager, and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. Regional Open , ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-21 REGULAR MEETING BOARD OF DIRECTORS AGENDA* 7:30 P.M. 330 Distel Circle Wednesday Los Altos, California August 13, 1997 (7:30) ROLL CALL ** ORAL COMMUNICATIONS -- Public ADOPTION OF AGENDA *** ADOPTION OF CONSENT CALENDAR -- M. Davey *** APPROVAL OF MINUTES July 9, 1997 - Meeting 97-17 (Consent Item) July 9, 1997 - Meeting 97-18 (Consent Item) *** WRITTEN COMMUNICATIONS (Consent Item) BOARD BUSINESS (7:45) 1. Tentative Adoption to the Use and Management Plan for the Kennedy- Limekiln Area of Sierra Azul Space Preserve to Confirm the Closure and Restoration of Priest Rock Bypass Trail (Also Known as Moody Trail) -- J. McCullough (8:15) 2. Approval of Residential Rental Agreement and Authorization for the General Manager to Execute the Residential Rental Agreement with Jay and Perry Thorwaldson for the Former Landre Residence at Long Ridge Open Space Preserve -- M. Williams (8:25) 3. Report on Regional Open Space Plan Public Input Phase and Confirmation of Plan Review Process for Completion of a Draft Regional Open Space Plan -- R. Anderson (8:45) 4. Award of Contract for Landslide Repair Projects at Monte Bello and St. Joseph's Hill Open Space Preserves; Authorization for the General Manager to Enter Into a Contract for Performance of the Work with the Lowest Responsible Bidder for the Landslide Repair Projects on Stevens Canyon Trail in Monte Bello Open Space Preserve and Jones Trail in St. Joseph's Hill Open Space Preserve (Due to the Accelerated Schedule for this Project, Staff will Celebrate 25 Years of O p en Space Prese rvation i 330 Distel Circle * Los Altos,CA 94022-1404 - Phone:415-691-1200 1972-1997 - FAX:415-691-048 5 # E-mail: mrosd@openspace.org openspace.org * Web site:www.openspace.org Board of Directors:Pete siemens,Mar C.Davey,led Cyr, Davie!T.Smernoff, N �a � K-nn th _Nit _n y y y >ff, Nonette Hankq, Betsy Crowder,Kenneth C. Nitz � General Manager.I Craig Britton Meeting 97-21 Page 2 Report on Bid Results of the Bid Opening on Tuesday, August 12 and Final Staff Recommendation at your August 13 Meeting); Authorization for the General Manager to Increase the Contract Amount for Terratech, Geotechnical Engineers from $43,000 to $84,000 to Cover all Projected Services Through Completion of Construction on Five Landslide Repair Projects; and, Review the Overall Status of the Five FEMA-funded Landslide Repair Projects, Including Skyline Ridge, Long Ridge, and Purisima Creek Redwoods Open Space Preserves -- R. Anderson (9:00) 5. Approval of a $3,000 Meritorious Pay Award for the District's Controller for Fiscal Year 1996-1997 -- M. Davey (9:05) 6. Authorization for the General Manager to Approve Various District Actions on an Administrative Basis: Approval or Denial of Claims not to Exceed $2,500; Extension of Expiration Date and Minor Amendments to Permits to Enter; and Confirm Authority to Enter into Contracts Pursuant to Public Resources Code Section 5549(b) -- C. Britton and S. Schectman Resolution Authorizing the General Manager to Approve or Deny Certain Claims Against the District, to Approve Amendments to Permits to Enter District Property and to Contract for the Payment for Services, Supplies, Materials, or Labor Pursuant to Public Resources Code Section 5549(b) *** 7. Authorization for Staff to Solicit Bids for Seismic Upgrade and Improvements to Foothills Shop Building at Rancho San Antonio Open Space Preserve -- D. Woods *** 8. Approval and Establishment of Section 125 Cafeteria Plan Including Dependent Care Assistance and Medical Expense Reimbursement Plans and Authorization for the General Manager to Execute Any Necessary Documents to Implement the Plans and Authorization for the General Manager to Enter Into an Agreement for Services with United Administrative Services to Administer the Dependent Care Assistance and Medical Expense Reimbursement Plan -- D. Dolan Resolution Adopting An Internal Revenue Code Section 125 Cafeteria Plan and Establishing Dependent Care Assistance and Medical Reimbursement Plans *** 9. Denial of Claim Against the District Filed by Ron and Wanda Oxyer dba American River Bicycle Shop -- S. Schectman *** 10. Scheduling of Special Meetings of the District's Board of Directors on August 23, 1997 and September 20, 1997 for the Purpose of Conducting Tours of District Lands for Invited Local Public Officials and Scheduling of Special Meetings of the District's Board of Directors on September 17, October 15, and November 5, 1997 for the Purpose of Conducting Joint Meetings with San Mateo County Parks Commission, Santa Clara County Open Space Authority, and Santa Clara County Parks Commission to Discuss the District's Regional Meeting 97-21 Page 3 Open Space Plan. (9:10) INFORMATIONAL REPORTS -- Directors and Staff *** REVISED CLAIMS (Consent Item) CLOSED SESSION - (Continued, if necessary) ADJOURNMENT *NOTE: 77mes are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. ** TO ADDRESS 771E 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 me request that an item be removed ,from the Consent Calendar during consideration of the Consent Calendar, O Regional Open , ce � p _ MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-212 SPECIAL MEETING BOARD OF DIRECTORS AGENDA* 8:00 A.M. The meeting will convene Saturday in the parking lot at the August 23, 1997 Woodside Town Hall, 2955 Woodside Road (8:00) ROLL CALL ORAL COMMUNICATIONS -- Public ADOPTION OF AGENDA BOARD BUSINESS (8:15) 1. Tour of District Lands for Public Officials -- M. Smith The tour is scheduled to depart from the parking lot of the Woodside Town Hall, 2995 Woodside Road. See tentative itinerary on reverse side. A final itinerary will be available at the start of the meeting. Reserved seating will be provided for the invited officials aboard vehicles provided by the District, and for the public on a space-available basis. Members of the public are asked to bring their own lunches, and to be prepared to drive their own vehicles if space is not available in the District's vehicles. (2:00) ADJOURNMENT *NOTE.- Times.for agenda items and stops along the tour route are estimated. T,r-4 , U os.14 UtU S-4 I Celebrate 25 Years of Open Space Preservation 330 Distel Circle * Los Altos,CA 94022-1404 • Phone:415-691-1200 • 1972.1"7 • FAX:415-691-0485 • E-mail:mrosd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,David T.Smernoff, Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • Genera(Manager:L.Craig Britton Regional Open , . ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-18 SPECIAL MEETING BOARD OF DIRECTORS July 9, 1997 MINUTES I. ROLL CALL Vice President Betsy Crowder called the meeting to order at 5:30 P.M. Members Present: Betsy Crowder, Nonette Hanko, Ken Nitz, and Jed Cyr. David Smernoff arrived at 5:45 P.M.. Members Absent: Pete Siemens and Mary Davey. Personnel Present: Craig Britton, Sue Schectman, Del Woods, Mike Williams, John Escobar, and Malcolm Smith II. CLOSED SESSION B. Crowder stated that the Board would adjourn to Closed Session for the purpose of discussing Closed Session Agenda Item 1. The Board recessed to Closed Session at 5:35 P.M. and the Closed Session commenced at 5:39 P.M. The Board concluded the Closed Session at 6:10 P.M. and B. Crowder called the Special Meeting to order at 6:13 P.M. B. Crowder stated that the Board had had a Special Meeting to discuss Closed Session agenda Item 1, and the following action was taken: The Board of Directors gave its legal counsel authorization to initiate legal action. Once the litigation is formally commenced, the District will disclose to any person upon inquiry the action parties and other particulars unless to do so would jeopardize the District's ability to serve process on a party or to conclude settlement negotiations to its advantage. B. Crowder announced that the vote of the Directors was 5 to 0 with Directors Smernoff, Nitz, Cyr, Hanko, and Crowder voting aye and Directors Siemens and Davey absent. Additional Personnel Present: Del Woods, Malcolm Smith, John Escobar, Mike Williams, Julie McCullough, III. ADOPTION OF AGENDA Motion: N. Hanko moved that the Board adopt the agenda. D. Smernoff seconded the motion. The motion passed 5 to 0. Celebrate 25 Years of Open Spa_ce Preservation 330 Distel Circe a Los Altos, CA 94022-1404 * Phone:415-691-1200 * 1972-1997 . FAX:415-691-0485 , E-mail: mrosd@openspace.org o Web site:www.openspace.org Board of Directors fete Siemens,Mary C. Davey,Jed Cyr, Davie Smernoff, Nonette�Hanko,Bets Crowder, Kenneth C. Nitz « General Manager:L.Craig Brit 3 T.Sme y r, � ton Meeting 97-18 Page 2 IV. BOARD BUSINESS A. Agenda Item No. 1 - Proposed Addition of McKim Property to Monte Bello Open Space Preserve: Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act; Tentative Adoption of the Preliminary Use and Management Plan Recommendations, Including Naming; the ProgMy as an Addition to Monte Bello Open Space Preserve: and Indicate your Intention to Withhold the Property from Dedication as Public Opgn Space - (Report R-97-I D. Woods presented an overview of the proposed acquisition including a description of the project and the planning considerations. He showed the location of the property on a map, noting it is at the heart of the District and in the center of four open space preserves, Skyline Ridge, Monte Bello, Coal Creek, and Russian Ridge. He said the five important reasons for acquiring this property are as follows: (1) It is in the middle of 6,400 acres of public open space. (2) The acquisition will ensure protection of a vitally important wildlife corridor between the open space preserves. (3) The acquisition will guarantee protection of the headwaters of Stevens Creek. (4) The acquisition will enhance the regional trail system by providing an alternative for the Ridge Trail routes and trail linkages to the various preserves. (5) The acquisition will preserve the open space character of the area and views from the majority of the existing trails that are in Monte Bello Open Space Preserve. He showed slides of the property. D. Woods answered questions regarding the zoning and permit violations, stating he was not aware there had been a cure of the recorded violations for the main house. He pointed out the dump sites on the map, and said it appears that they contain household materials. M. Williams outlined the terms and conditions of the purchase agreement and amendment. He said the zoning and building violations relating to all the dwellings on the property, the two dump sites, and suitability of the water system were the main concerns. He said the amendment to the contract extended the District's acceptance period to midnight tonight, committed the McKim's to obtain legal and habitable status of the main dwelling through the County by the end of the calendar year, and required cleanup and disposal of the dump sites, and to assure that $50,000 would be held in escrow until the conditions were dealt with to the District's satisfaction. N. Hanko commented on the fact that the District had not been notified of the violations earlier. Meeting 97-18 Page 3 Kent Mitchell, 550 Hamilton Avenue, #230, Palo Alto, said he was an attorney representing the property owners. He noted the violations were recorded and were in the preliminary title report. He addressed the comments made by M. Williams regarding the amendment. He said he had seen it for the first time that afternoon and that his clients would never have agreed to it. He stated that it is not an amendment. The first amendment was received on June 26. The deadline for the District's formal and written acceptance was June 25 and that deadline was never extended. The property went on multiple listing on June 26, offers were received, an offer was accepted, and the contract is in escrow. He said their position was that there was no contract with the District because of the District's failure to accept by the deadline. LaNell Mimmack, 245 Lytton Ave., #100, Palo Alto, the real estate agent representing the District, said she was told by the McKim's agent on June 27 that Mr. McKim had signed the agreement and that Mrs. McKim was waiting until Monday to sign it after a further conversation. K. Mitchell clarified that he saw the amendment for the first time today and added they are concerned regarding any action by the Board that would indicate that the District has a contract with the owners. He said that would be considered an interference with their contractual relations with their new buyers. He said he had been the McKim's attorney since the beginning but had only learned of the amendment today. Mr. McKim's signature on the document was subject to the approval of Mrs. McKim, himself, and Jim Lance, and there had been no acceptance of the amendment on their part. S. Schectman said staff is also concerned about the status of the transaction. She said she thought everyone is conceding that the amendment was signed by at least one party. She and Mr. Mitchell will be in communication to discuss both parties' concerns. S. Schectman said the amendment extended the acceptance deadline to July 9 and staff stands by its recommendations. K. Mitchell repeated that a motion to accept would be an act which interfered with their contractual relationships; they would be in serious jeopardy of losing the sale and would have to take action. Virginia McKim, property owner, said her husband signed the amendment providing she and Mr. Mitchell approved. She did not sign it and said she could not understand why the District thought they had a contract. Meeting 97-18 Page 4 N. Hanko noted that Mrs. McKim knows a good deal of the history of the area and particularly that site. Motion: N. Hanko moved that the Board determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in the staff report; adopt Resolution 97-26 a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Execution and Acceptance of Purchase Agreement and Amendment Thereto, Authorizing the Officer to Execute Certificates of Acceptance of Grants to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to the Closing of the Transaction (Monte Bello Open Space Preserve - Lands of McKim); tentatively adopt the Preliminary Use and Management Plan recommendations contained in this report, including naming the property as an addition to Monte Bello Open Space Preserve; and indicate their intention to withhold the property from dedication as public open space at this time. J. Cyr seconded the motion. The motion passed 4-1 with Director Nitz voting no. V. ADJOURNMENT The meeting was adjourned at 6:57 P.M. Roberta Wolfe Recording Secretary Regional A MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-17 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS July 9, 1997 MINUTES I. ROLL CALL Vice President Betsy Crowder called the meeting to order at 7:00 P.M. Members Present: Betsy Crowder, Nonette Hanko, Ken Nitz, Jed Cyr, and David Smernoff. Members Absent: Pete Siemens and Mary Davey. Personnel Present: Craig Britton, Sue Schectmarv, Mike Williams, and John Escobar II. CLOSED SESSION B. Crowder stated that the Board would adjourn to Closed Session for the purpose of discussing Closed Session Agenda Items 1 and 2. The Board recessed to Closed Session at 6:57 P.M. and the Closed Session commenced at 7:05 P.M. The Board concluded the Closed Session at 7:40 P.M. and B. Crowder called the Regular Meeting to order at 7:41 P.M. B. Crowder stated that the Board had had a Special Meeting to discuss Closed Session Agenda Items 1 and 2, and that no reportable actions had been taken. Additional Personnel Present: Del Woods, Malcolm Smith, Julie McCullough, Jodi Isaacs, Mary de Beauvieres, Carleen Bruins III. ORAL COMMUNICATIONS Harry Haeussler, 1094 Highland Circle, Los Altos, had several concerns including the delay in trail construction at'Windy Hill, numbering of agenda items, overgrowth of the Hamms Gulch Trail, a change in time of the public meeting, citing of violators by rangers, and the fact that there were communications to constituents in the FYIs but the letters they were responding to were not included. S. Schectman informed Mr. Haeussler that the noticing of the meeting complied with all Brown Act requirements. w _ Celebrate 25 Years of Open Space-Preservation 330 Distel Circle * Los Altos,CA 94022-1404 - Phone: 415-691-1200 • 1972-1997 . FAX:415-691-0485 * ,E-mail: mrosd@openspace.org - Web site:www.openspace.org Board of Dire(tors.Pete Siemens,Mary C.Davey,Jed Cyr, David T.Smernoff,Nonette Danko,Betsy Crowder,Kenneth C.Nitz 6cner. �� _3l Manager L.Cram Britton Meeting 97-17 Page 2 Al Bell, 12130 Skyline Blvd., Woodside, representing Committee to Save Skyline Open Space (SSOS), provided an update on the Russian Orthodox Convent proposal. Following the loss of their appeal to the San Mateo County Board of Supervisors, they have prepared a lawsuit addressing CEQA and Williamson Act issues which has not yet been filed. It will be filed in the name of the Save Skyline Open Space Committee, the Committee for Green Foothills, and the Sierra Club. He said trees have been removed from the property. San Mateo County Planning stopped them until they submit a plan. He referred to newspaper articles and cited some inaccuracies in them. He said they talk about overriding issues, such as the Williamson Act, which are the basis of the proposed lawsuit. He informed those present that his offer of having people come to his property to view the convent property was still open. Jessica Agramonte, 12150 Skyline Blvd., Woodside, SSOS, talked about the precedent- setting transfer of density credits onto the Russian Orthodox Church's Williamson Act land. She urged the District to take the necessary steps to preserve this property and prevent the transfer of density credits which would expose thousands of acres in San Mateo County to dense development that are currently under the Williamson Act. Todd McGee, 1445 Ebener St., Redwood City, thanked staff and the District for allowing ROMP to hold an event on District preserves and talked about equestrians and cyclists sharing trails. IV. SPECIAL ORDER OF DAY B. Crowder led the Pledge of Allegiance. V. ADOPTION OF AGENDA D. Smernoff moved that the Board adopt the agenda. J. Cyr seconded the motion. The motion passed 5 to 0. VI. ADOPTION OF CONSENT CALENDAR D. Smernoff moved that the Board adopt the Consent Calendar, including minutes of the May 28, 1997, Regular Meeting; Agenda item 5, Authorization for Director Davey to Attend the Annual National Recreation and Parks Association Conference in Salt Lake City, Utah at a Projected Cost of$1.500: and Revised Claims 97-13. K. Nitz seconded the motion. The motion passed 5 to 0. VII. BOARD BUSINESS A. Agenda Item No. 1 - Final Adoption of an Amendment to the Use and Management, Plan for El Corte de Madera Creek Open Space Preserve to Allow Realignment and Construction of Two Sections of Trail Identified as Trails B8 and B10 in the Trail Use Plan for the Preserve and Designate Use of the New Trail for Hiking Only, Until Such Time as Study Area 2, as Identified in the Trail Use Plan, is Revisited and a Final Determination Made on all Trails in the Study Area - (Report R-97-103) M. de Beauvieres presented the staff report. She said she anticipated having a public workshop regarding Study Area 2 in September or October and coming back to the Meeting 97-17 Page 3 Board over the course of the winter. Study Area 2 had been set aside during the original process to allow them to come back and work with trail users. M. de Beauvieres clarified that the existing trail will remain open to bicycle use; the newly constructed segments of the trail will be closed to bikes and horses to season and will be included in the Area 2 re-evaluation study. Ross Finlayson, Mountain View, ROMP, said that while he appreciated the workshop he thought recommendation 2 should be amended to make it clear that the trail will be for hiking for only the first year. He did not think it was appropriate to wait until the entire area 2 was studied. He said he thought it was strange to mention this if it is standard procedure. Fred Stanke, 22873 Longdown Road, Cupertino, said he had nothing to add. Patty Ciesla, Box 3189, Stanford, said she was concerned that the map did not represent the alignment of the trail as flagged and walked. M. de Beauvieres said the map was schematic. N. Hanko noted that the flags are still there if anyone wants to look at the alignment. P. Ciesla said she was concerned that the alignment is cutting across two single-track trails and said it would be difficult to talk about maintaining access. She suggested that the recommendation be amended to say that the trail will be multiple use once the trail bed has settled, and said she thought the action was politically motivated and not standard procedure. David Oare, 1622 Ralston Ave., Belmont, said members of the bicycling community feel they have been continuously misled. He said he did not see how the District could have an honest re-evaluation of area if they go ahead and construct the trails as proposed. John Gardiner, 304 Pine St., Millbrae, stated that even if parts of the trail are closed they are forcing cyclists off the trail and onto Skyline and increasing the chance of accidents. Rebecca Gray, 1622 Ralston Ave., Belmont, said she was disillusioned. She said she would not have been satisfied with the map even if she had been at the workshop, and stated she did not think there was a concern for the environment. C. Britton said staff would include in the FYIs at the next meeting a revised map based on the meeting in the field, and what is important is what is flagged. The trails will be built as flagged, not as diagrammed. B. Crowder summarized the process for K. Nitz and J. Cyr and said it seemed that the public has had ample opportunity to look at the potential alignment. She said she Meeting 97-17 Page 4 thought we had taken as much care as we could to inform the public about what they would like to do about the trail alignments. M. de Beauvieres repeated that we are proposing to construct new sections of the trails using those sections of the existing trail as are appropriate, but there will be no closures resulting from that construction at this time. Study Area 2 will be looked at at a later date. People would have the same access they have now and would not be forced onto Skyline. D. Smernoff said that when he had asked to have Study Area 2 removed from the Trails Plan and re-evaluated later, one of his goals was to provide single-track access from that area into the center of the preserve. T. McGee asked that the Board make a commitment that there will be a trail, whether the existing one or the new one, that will provide a way to get from one gate to another. He was concerned with safety. He said there have been some failures in communication which leads to confusion and mistrust. Art Fisher, 575 Rengstorff, Mountain View, said it was difficult for them to want to continue to work on the process if they feel a lack of trust. H. Hauessler said it is not clear if the present trail will be open to bicycles and other users during construction and for the first winter. He suggested that after the word "only" they add "for the first winter only then to be open to all users until such time." M. de Beauvieres said it was staffs intention that the newly constructed segments of the trail be closed to bikes and horses until such time as that trail and the other trails in Area 2 are re-evaluated, at least through the first winter. There will be a public workshop in October regarding Study Area 2. Ernest Breakfield, P. O. Box 390001, Mountain View, said there was no mention of how the trail was going to be used. He urged more communication about what the District plans to do and asked that there be no more surprises. In answer to the question regarding the work done on "Gary's Trail", M. de Beauvieres said that basically it is a road that has over time sloughed and the use area has narrowed. She said staff had access to maintenance equipment and put in water bars and trimmed vegetation. This is standard practice on any maintained trail. J. Escobar confirmed that they followed normal maintenance practices on trails that had been identified and people would not necessarily be notified that standard maintenance activities would take place. He said the trail is part of one of the other study areas that has been approved. Meeting 97-17 Page 5 N. Hanko agreed that there is some value to having more communication with users of trails when there is something going on at the property and suggested a newsletter telling what is happening on various sites. Staff members said information about ongoing trail construction is posted on bulletin boards at the three major trail heads, and information is also posted on the Internet. D. Oare, P. Ciesla and E. Breakfield repeated that there needed to be more communication and advance warning of activities. H. Haeussler said the bicyclists need to consider other people including those in the District who have to maintain trails. R. Gray said the reason there is more sensitivity to the realignment is that the trail is unique. B. Crowder said staff does its best to work with the bicyclists and asked that they be given credit for that. E. Breakfield said they are asking to help, not telling the District what to do. J. Escobar said there is a report to the Board each fall about trail closures which makes it clear that seasonal closures for these trails is standard practice. C. Britton said staff would promise that they will get to Study Area 2 this fall and bring a recommendation to the Board by the end of the year so the Study Area 2 plan will be in place at the end of winter. There will be field workshops and additional public meetings. Motion: J. Cyr moved that the Board adopt an amendment to the Use and Management Plan for El Corte de Madera Creek Open Space Preserve to allow realignment and construction of two sections of trail identified as trails B8 and B10 in the Trail Use Plan for the preserve (see report R-96-60); and designate use of the new trail for hiking only, until such time as Study Area 2, as identified in the Trail Use Plan, is revisited and a final determination made on all trails in the study area. K. Nitz seconded the motion. Discussion: D. Smernoff proposed a "friendly" amendment to add at the end of recommendation 2 the words, "or designated as multi use by June 1998." Following discussion, C. Britton suggested adding recommendation 3 that staff will deliver to the Board a recommendation on Study Area 2 based upon field workshops by April 1, 1998. D. Smernoff agreed. The maker and seconder of the original motion accepted the added recommendation. The motion passed 5 to 0. Meeting 97-17 Page 6 K. Nitz asked for a map with trails mentioned by ROMP. T. McGee said it is available on the Internet. There was a recess from 8:55 to 9:05 p.m. B. Crowder moved the agenda to Item No. 3, because of interested individuals in the audience. B. Agenda Item No. 3 - Authorization for Staff to Solicit Bids to Resurface the Entry Road at Rancho San Antonio Open Space Preserve and Determination that the Actions are Categorically Exempt Under the California Environmental Quality Act- (Report R- 97-101. J. McCullough reviewed staff s recommendations. She said the bids on the other roads mentioned in the staff report would be alternates. Notices were posted along the road. Following discussion it was suggested that the words, "the entry road" in recommendation 2 be changed to "specified roads." J. Escobar estimated annual maintenance on the entry road at two weeks or a crew of three, plus $3,000 for materials. He said the new surface would require minimal maintenance for at least five years. Frank Kellers II1, 1140 Snowberry Ct., Sunnyvale, spoke in favor of the project. As a docent at Deer Hollow, he expressed concerns regarding safety of people walking in from the county parking lot and suggested additional speed limit signs on the road. He said the resurfacing would reduce the problem with dust. C. Britton introduced Mary Gilman, Director of Deer Hollow Farm to the new Board members. Motion: K. Nitz moved that the Board determine that the actions described are categorically exempt under the California Environmental Quality Act; and authorized staff to solicit bids to resurface the specified roads at Rancho San Antonio Open Space Preserve. N. Hanko seconded the motion. The motion passed 5 to 0. C. Agenda Item No. 2 - Program Evaluation for the 1996-1997 Action Plan for the Implementation of the Basic Policy of the Midpeninsula Regional ftn Space District -(Report R-97-85) C. Britton presented a program overview for the entire fiscal year 1996-97. Open Space Acquisition Program - M. Williams highlighted the program. He said the interim rental agreement for Thornewood is being extended on a month-to-month basis. Meeting 97-17 Page 7 In reference to progress with the Stortzes regarding Picchetti Ranch, M. Williams said they need to get a proper use permit from the County in order to conduct the large events. He noted that the District has not received a formal request for extension of the lease at Fremont Older. He responded to other questions. Open Space Planning Program - M. de Beauvieres emphasized the Regional Open Space Plan under Regional and Long-Term Planning and completion of construction of the new field office at Skyline under Site Planning and Implementation. M. de Beauvieres noted that the progress referred to on page 7 under Trail Use Policies and Guidelines referred to the Wilderness Policy and meetings have occurred with field and office staffs. D. Woods said it would be packaged in a work plan to be reviewed beginning in the fall. J. McCullough confirmed that the dates mentioned on page 9 regarding Fremont Older Trail Use Element consideration were June and July of 1996. In addition, Seven Springs trail was completed last fiscal year and the trail to the hayfield was split between the two fiscal years. C. Britton referred to a memo in last meeting's FYIs which outlined progress on the Rhus Ridge matter. J. McCullough said signing has gone in and people are parking on Moody Road or in the vacant lot which the District can't enforce. In addition the neighbors have withdrawn their request for Sheriffs assistance so the District will not be opening the overflow parking area. C. Britton mentioned the listing of unanticipated projects which was included with the report. Regarding the illegal grading on the POST Thysen property, D. Woods said fencing and patrol has been increased. C. Britton said the application for the Habitat Conservation project is recommended for approval and is part of the State budget program. No grant was received for the Enhancement Mitigation Program. J. Isaacs said staff would be coming to the Board on August 27 with an update on the Resource Management program which will include the invasive exotic plant survey. Operations Program - Field Operations Subprogram - J. Escobar said there had been a minor reorganization of Operations, moving the Volunteer and Docents Sub-programs to the Public Affairs Program. In addition, the position of Operations Analyst had been created so movement in administrative projects was being seen. He highlighted other aspects of the Program. C. Britton noted the three-year agreement with Deer Hollow Farm and the hiring of a Farm Maintenance Worker. Volunteer and Docent Subprogram - C. Bruins gave a brief outline of the program. Discussion following about the size of groups visiting the Daniels Nature Center. C. Britton said staff will look into J. Cyr's suggestion of bringing in larger groups Meeting 97-17 Page 8 Public Affairs Program - M. Smith described special events which had occurred during the year and said work on co-hosting the Special Districts Conference next year was well underway. In regard to the Land and Water Conservation fund, M. Smith said there was an update in the FYIs, but there is no unified effort in the Bay Area. Administration - C. Britton noted that the financing authority with Santa Clara County was the largest and most imaginative public funding the District has ever done. He mentioned the Regional Open Space Plan and the District-wide Influencing Skills workshops. H. Hauessler asked about the delay in building the trails at Windy Hill and about the District hiring welfare workers. J. Escobar said the District is hiring a dozen seasonal workers. C. Britton noted that trails at Windy Hill will not be built without the parking lot. Motion: J. Cyr moved that the Board accept the staff s program Evaluation Report for Fiscal Year 1996-97. D. Smernoff seconded the motion. The motion passed 5 to 0. D. Agenda Item No. 4 - Authorization for Staff to Solicit Bids for the Demolition and Replacement of Two Bridges on La Honda Creek Oven Space Preserve and Authorization for Staff to Specify Skip Gibbs Railcars as a Unique Product Provider as Part of the Bid Specifications - (Report R-97-102) J. McCullough presented the staff report and answered questions about costs. C. Britton explained the arrangement with the adjoining property owner regarding use of the District's bridge, including the possibility of them contributing up to $25,000 toward the cost. Discussion followed regarding which bridge was a higher priority. H. Hauessler said he was in favor of the rail car bridges. Motion: N. Hanko moved that the Board authorize staff to solicit bids for the demolition and replacement of two bridges in La Honda Creek Open Space Preserve; and authorize staff to specify Skip Gibbs Railcars as a unique product provider as part of the bid specifications. The motion passed 5 to 0. VIII. INFORMATIONAL REPORTS B. Crowder talked about a reception sponsored by the Santa Clara County Open Space Authority. In connection with the coast-side question she had toured the Cascade Ranch State Park. She showed a map of Pacifica she had received. Meeting 97-17 Page 9 J. Cyr asked about the letters to Mr. Rogers and Mr. Walton and what they were in response to. C. Britton said the letter to Mr. Rogers was in response to an oral request and the letter to Mr. Walton was sent because they knew he was retiring. He commented on the e-mail on the Moody Trail contained in the FYIs. C. Britton noted the inclusion of an updated report in the FYIs from the search firm on Administrative Services Manager. He announced that the Hidden Villa Humanitarian Awards will be held September 20. D. Smernoff said NASA will be hosting an open house on September 20 from 10-4:30 p.m. He also noted that the Teachers Retirement System had voted to restructure their portfolio in regard to MAXXAM. He said he would be in contact with Calpers on this issue. C. Britton said there have been three public workshops on the Regional Open Space Plan, and one more is planned. He proposed September 16 for a joint meeting with the San Mateo County Parks and Recreation Commission and October 15 for one with the Open Space Authority. In regard to Claim 2488, he explained why it should be listed at $3,777.84, the actual amount of the check, and not for $9,583.78. M. Smith reported that R. Anderson was the father of a baby girl. He said they are trying out the lapel microphones and considering the possibility of upgrading the sound system. IX. ADJOURNMENT The meeting was adjourned at 10:34 p.m. Roberta Wolfe Recording Secretary Claims No. 97-13 Meeting 97-17 Date: July 09, 1997 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2460 169.00 A & A Plumbing Plumbing Repair--Deer Hollow Farm 2461 435.42 Acme & Sons Sanitation Sanitation Services 2462 156.28 ADT Security Systems Alarm Service 2463 16.39 A T & T Telephone Service 2464 24.30 Bay Area Air Quality Management District Fuel Nozzle Permit 2465 30.00 Best Internet Communications Internet Service Provider 2466 369.81 Bowerman Electric Enterprise Electrical Repair 2467 264.00 •1 California Department of Fish and Game Stream Alteration Permit Fee 2468 16.50 California Trails and Greenways Foundation Resource Documents 2469 134.97 California Water Service Water Service 2470 6,107.54 Callander Associates Windy Hill Parking Lot Studies 2471 510.03 Camino Medical Group Medical Services 2472 256.94 Cascade Fire Equipment Company Safety Equipment 2473 72.06 Compurun Computer Upgrade 2474 4.87 Contemporary-Engraving Name Tag Engraving 2475 3,435.56 Cotton, Shires & Associates, Inc. Geotechnical Services-Weeks Road 2476 35.00 Cougar Couriers Express Courier Service 2477 20.00 County School Service Fund--Santa Clara Resource Document 2478 5.00 County School Service Fund-San Mateo Resource Document 2479 379.59 Dorfman-Pacific Co., Inc. District Caps 2480 25.16 Federal Express Corporation Express Mail 2481 100,000.00 First American Title Guaranty Company Zelhart Property 2482 32.11 G & K Services Shop Towel Service 2483 2,344.91 Gateway 2000 Computer 2484 190,000.00 Golden California Title Company McKannay Property 2485 287.98 Goodco Press Letterhead and Form Printing 2486 101.67 GTE Mobilnet Cellular Phone Service 2487 90.70 •2 Kathleen Hart Reimbursement--Business Meeting 2488 9,583.78 HMC Architectural Services--Rancho Upgrade 2489 6,750.00 Frank W. Isidoro Road Grading--Foothills 2490 7,500.00 Joe's Rototilling Discing--Foothills 2491 125.00 Killroy Pest Control, Inc. Enterprise--Termite Inspection 2492 57.37 John Kowaleski Reimbursement--Supplies 2493 25.40 Lab Safety Supply Safety Supplies 2494 948.00 Land Trust Alliance Rally '97 Registration--L. C. Britton & B. Crowder 2495 1,710.92 Lanier Worldwide, Inc. Copier Supplies 2496 516.25 *3 Town of Los Gatos Permit Fees--Trail Repair 2497 282.69 Lucent Technologies A T & T Maintenance 2498 333.41 MetroMobileCommunications Radio Maintenance and Repair Service 2499 975.52 Micro Accounting Solutions Computer Maintenance 2500 331.84 Moffett Supply Company Janitorial Supplies 2501 568.31 Monogram Sanitation Restroom Chemicals 2502 50.00 NRPA Legal Resources Subscription 2503 166.30 Oxford Tire Recycling Tire Recycling *1 Urgent Check Issued 06/25/97 •2 Urgent Check Issued 06/27/97 •3 Urgent Check Issued 07/01/97 Page 1 Claims No. 97-13 Meeting 97-17 Date: July 09, 1997 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2504 916.55 Pacific Bell Telephone Service 2505 25.00 City of Palo Alto Utilities 2506 87.49 Payment Center— A T & T Telephone Service 2507 620.10 Peninsula Blueprint, Inc. Prints and Enlargements 2508 50.00 *4 Peninsula Conservation Center Foundation Environmental Award Application 2509 226.78 PIP Printing Map and Newsletter Printing 2510 6.62 Pitney Bowes Credit Corporation Taxes on Leased Mailing Machine 2511 30.00 Planners Book Service Resource Document 2512 466.87 Price Costco Field and Office Supplies 2513 228.08 Rabbit Copier Copier Maintenance Service 2514 13,544.00 Rana Creek Grassland Management Study 2515 36.05 Repo Depo Office Supplies 2516 2,559-92 Roy's Repair Service Vehicle Maintenance and Repair 2,568.05 2517 17.84 Sears Shop Tools 2518 67.19 *5 Second Cup Business Meeting 2519 280.38 Summit Uniform Uniforms 2520 9,371.00 Sylvester, Schwartz & Tugaw Workmans Compensation Deposit 2521 299.55 TAC Staffing Services Temporary Secretarial Services 2522 89.22 Tap Plastics Brochure Boxes 2523 181.50 Taylor Rental Equipment Rental 2524 654.91 Kit Teater Computer Monitor 2525 8,087.84 Terratech, Inc. Landslide Engineering—FEMA Projects 2526 240.00 Therma Corp. Distel Building Airflow Repair 2527 50.59 Turf & Industrial Equipment Company Tractor Supplies 2528 73.69 University Art Center Mapping Supplies 2529 13.86 Warren, Gorham & Lamont Resource Document Shipping Fee 2530 507.20 Wildfire Pacific, Inc. Fire Shelters 2531R 634.11 Mocean Uniform Expense 2532R 300.00 Roberta Wolfe Recording Services 2533R 1,725,000.00 First American Title Insurance Company Mc Kim Acquisition 2534R 534.77 Petty Cash Local Business Meetings, Film and Developing, Vehicle Expense and Staff Activity Supplies Total 2,100,459.82 ,4 Urgent Check Issued 06/27/97 *5 Urgent Check Issued 06/27/97 Page 2 06-05-1997 17: 16 4156041094 P.02 Board of Directors 9/5197 Midpeninsula Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Dear Board, I have been using Rancho San Antonio Open Space Preserve for running,hiking, and family activities for over thirteen years. I use the park about three or four times a week. In the last few months I have observed that many areas of the park,particularly the Wildcat Canyon area,are rapidly being deteriorated by people going off the trails. Up through the canyon,people are climbing up(and down)the sensitive steep embankments and creating paths.The loose dirt and vegetation,including the trees,on these steep embankments cannot withstand any human trampling without a serious and destructive impact on this fragile and vulnerable environment. In other cases people are making short cuts on steep, sensitive embankments. I have noticed these trails becoming rapidly larger over the past couple of months as more and mom park users trample over them. As I observed the deterioration getting worse,I looked for signs in the park instructing people to"stay on the trails",and to my surprise found none. At this point I brought my concerns to the park rangers and eventually to attention of Julie McCullough, Open Space Planner, and Tom Lawson, supervisor for the rangers at Rancho San Antonio.We met about three weeks ago at the park and I showed them the areas of concern.They were very kind and attentive to my concerns but explained to me that the Open Space District has a policy of not putting signs up instructing people to"stay on the trails".They also explained that the general philosophy of the Open Space District is to let people walk or hike wherever they want—that there is no restriction to stay on the trails like there is in so many other county,state, and federal parks. After our meeting at the park,Julic McCullough informed me by telephone that after some discussion they had decided to put up another line on the existing brown park signs saying"please stay on the trail" --only in the Wildcat Canyon area. Although this is a positive first step,and one I had suggested myself,I don't believe that this will be enough to stop the climbers and short-cutters.I believe that the specific paths and erasion area on the embankments need to be blocked off and marked with signs saying something like:'`Fragile area being repaired--please stay off'.I have seen signs in the park like this one in the past. Although there are areas of Rancho San Antonio that are not sensitive to having people wander wherever they want,many areas cannot tolerate this trampling-- and the Wildcat Canyon is certainly one of these areas. I respectfully request that the Board consider protecting these sensitive areas with maintenance and signs,and if necessary pass an ordinance requiring people to stay on the trails. P03Julip- y RESPONSE ACTION PROPOSED AY STAFF elle Board President Acknowledge/Raapond T �, Ln. Director Acknowledge/Raapond Lks Altos, CA 94024 Staff Acknowled Ra/Respond Draft Response Attached Staf! to be DLracted to Prepare Draft Rea ponce for Board Cons ideeac Tao per Baa rd DS race Sve(s) No Response NacasaarF Regional Open S ce 1 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION Mr. Joseph Lavelle 1503 Julie Lane Los Altos, CA 94024 Dear Mr. Lavelle: Thank you for your August 5, 1997 letter regarding degradation of the Wildcat Canyon at Rancho San Antonio Open Space Preserve. At its Regular meeting last night, the Midpeninsula Regional Open Space District Board of Directors reviewed your letter. We appreciate-your concern about protecting the sensitive resources at Rancho San Antonio. Our staff was correct in informing you that the District's general philosophy is to let people walk or hike wherever they want. The District's Ordinance 93-1, adopted July 28, 1993, restricts bicycles and horses to designated trails and roadways, but does not restrict hikers. The District will be reviewing its Trail Use Policies this fall. We will include the issue of restricting hikers to trails as one of the items to be reviewed during this process. There will be many opportunities for public comment. We will add your name to the mailing list and will inform you when meetings are scheduled to discuss these issues. We are happy to hear that District staff was responsive to your concerns. We have been informed that the signs to be installed in the Wildcat Canyon area have been ordered and will be installed within the next month. In addition, field staff has been asked to monitor the area to determine if the signing is successful. Finally, our Public Affairs program is working on an educational flyer informing visitors of the impacts of off-trail use. We appreciate your concern about the health of our resources and look forward to your participation in future policy discussions. Sincerely, Mary Davey, President Board of Directors cc: MROSD Board of Directors j cm/MD 144 o;,U a, ae,Utd 544! Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:415-691-1200 • 1972-1997 • FAX:415-691-0485 • E-mail: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 8/2/97 Board of Directors RESPONSE ACTION PROPOSED 81 STAFF Midpeninsula Regional Open Space District Board President Acknowledge/Respond 330 Distel Circle Direetor Acknowledge/Respond Staff Acknowledge/Respond Los Altos, CA 94022-1404 Draft Response Attached Staff to be Directed to Prepare Draft Re: 284 acres purchased by the Russian Orthodox Church Board Di for Board Consideration per Board Drect Lve(s) No Respopsa Necessary Dear Board Member, We are writing to express our complete support of MROSD's acquisition of this property by whatever means necessary, including the use of eminent domain if that is what is required. With its connection to Burleigh Murray State Park, and other open space parcels, there is probably not a more fitting addition piece of land in the County. After two hearings, and many hours of work against this development, there is a growing feeling that the Nun's, in reality, are a Godsend to the developers of San Mateo County. Who else, due to their nature, has a better chance of getting approval for this precedent setting development? Just to the South, is the DHL property, currently in litigation. This encompasses approximately two thousand acres stretching from Skyline to Higgins Canyon. There is already a wide road, built without a permit in the early 80's, that can easily accommodate two wheel drive traffic. The ultimate future of this large parcel is totally unknown. Allowing a large development of this nature, would certainly open the door for future development which could forever change the face of the Skyline area. Aside from their preliminary concept plan proposing this large development, they have also proposed a possible future subdivision to the South, directly behind many neighboring properties. The are holding one of the density credits aside, because it is in the scenic corridor. You cannot transfer density credits into the scenic corridor. This is documented by San Mateo County Planning, and was included in their presentation to the Planning Commission, along with a map of the proposed subdivision. The RM/CZ line would have to be moved to add 6.54 acres to the site to make it a full 40 acres. A copy has been mailed to Craig Britton. What will be the future of this piece of property? Is it another way to enlarge an already totally oversize project? A major question that has been brought to light, is the question of compatibility with the Williamson Act and the transfer of density credits. There is a letter on record in Planning from the State of California, Department of Conservation, stating that they have "serious concerns with this project as a compatible use". If this project is approved, it has the potential to change the interpretation across the State. Another major issue, is that CEQA guidelines were not followed, and that even the Concept Plan should not have been approved until a full EIR was prepared. rVe �A ICo, s LAIIr; 0 5 1997 I 11 MIDPENONSULA r((!ONAL OPEN SPACE OiS F RECT There are many more people who live directly in the Skyline area against this development than for it. This can be evidenced by the two petitions, and number of letters sent to Planning. Most of the approval letters are from members of the Church, many of which have never even seen the location. Only a handful are from direct Skyline residents. The general feeling towards this development has definitely been in evidence at the public meetings held on the mountain, but the Nun's developers have completely ignored it. Aside from the major reasons above, there are many others that merit consideration. Regardless of what the developers have said, (and they are finally now saying it will be visible), the buildings are very visible from Highway 35. The Chapel with it's onion shaped dome is 4 stories high, (47 feet). The Chapel, and 10,000 square foot Convent, are directly in the path of a known game track. Water usage for the project has been grossly understated, (Skyline County Water in a letter to Planning states it could be double their figures). Tree removal was grossly understated. Actual predicted usage of the facility is much more than originally estimated, and even present figures are probably understated. The addition of an intersection sign on Skyline, is not going to make this a safe entrance with its minimal sight distance, and the level of traffic that will be coming and going especially on weekends. In an effort to not bring up the overused phrase by the few supporters of"not in my backyard", there still remains the stark reality of declined property values of the dozen or so adjoining neighbors. This has been estimated by area real estate people to be between 10 an 20%. As an added thought coming from a life long resident of the coast, I recently went to look at a 44 acre parcel that was once part of the 184 acre ranch I was born on, and sold by the family in the early 60's. It is now cut into five parcels, with an access road cut into a sidehill that used to be filled with deer and other wildlife. There are easements so other parcels can be accessed. The top of one of the hills which at one time was a grain field, was bulldozed and flattened apparently with some thought of building which never happened. The point is, a beautiful working ranch, has now been subdivided to enhance the pockets of real estate people and the owner. This is typical of the fate of many ranches on the coast. We are not against progress, or people making money, but there has to be a point were something worthwhile should be preserved. MROSD seems to be the only hope that this can happen. We would like to thank you for your efforts in preserving property we are very familiar with, namely Bald Knob which I lived very close to, and the Cowell and Gilchrest ranches. We will continue our efforts against this development, but it would seem at this point it is very difficult to predict what San Mateo County Planning will ultimately do. They seem to do nothing but accommodate the Church by accepting and condoning things like understated water use, and compatibility with the Williamson Act among many other issues. Most recently they did deny their request to clear the building sites, after we complained,but did allow them to remove trees, and do a lot of unnecessary road bulldozing. We would be more than happy to help in your acquisition of the property in any way we can. Yours truly, Al and Jeanne Be 1 12130 Skyline Blvd. Woodside, CA 94062 415 851-0746 Wk. 415 591-8411 x2350 Regional Open S. ce ............. DRAFT RESPONSE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT PREPARED BY STAFF FOR BOARD CONSIDERATION Al and Jeanne Bell 12130 Skyline Boulevard Woodside, CA 94062 Dear Mr. & Mrs. Bell: Thank you for your recent letter regarding the proposed development on Skyline Boulevard by the Russian Orthodox Church. The Board reviewed your letter at its regular meeting last night. The Board has not yet determined what course of action, if any, it will take in regards to this land. An appraisal of the property is pending, and I believe the Board will be able to better make an informed decision about the possibility of acquiring the land after that document is available. We will certainly take your comments into consideration. Again, thank you for writing with your concerns. Sincerely, Mary C. Davey, President Board of Directors MCD/mcs cc: MROSD Board of Directors Celebrate 25 Years of Open Space Preservation 330 Distel,Circle • LosAltos, CA 94022-1404 * Phone:415-691-1200 - 1972-1997 - FAX:415-691-0485 * E-mail:mrosd@openspace.org 9 Web site:www.openspace.org (9 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 RES?04SE ACTION ?ROPOS-D — ST--- Author: KMulrey at AIR-JCi. , _ _ Board President Acknowledge/Respond Date: 7/29/97 11 :55 AM Director Acknowledge%Respond p 'e" 056'�T aftom Staff Acknowledge/Respond I& VOMMENIP61 Draft Response Attached Subject: E1 Corte de Madera Staff to be Directed to Prepare Draft Response far Board Consideration per Board Dlrec tiv e(s) No Response Necessary Dear Directors, I have been riding my bike in this park for 10 yrs or very close to it, I use to ride Pursima, but due to the over crowding of that park I left. I was told by MROSD Ranger to go to E1 Corte de Madera, Skegg's, Pits what ever its referred to, It is a wonderful place. I used to be the only car in the parking lot at one time. Now your lucky if you can get a spot. Humans are funny critters,we think we can make things better or improve upon it, when sometimes it was better left alone. I have to admit that the park is more user friendly, its also very fast now, veZY toruwdeu, you ca.i L wake things safe without making them less difficult which will increase over all speed. People get hurt at speed it makes the inexperienced rider much faster, do you really want that. There are other issue' s that need to be looked at such erosion, some of the new trails built over the last couple of years could have used a few retaining walls, If you are going to do it do it the right way. Or leave be until it can be done right. I still enjoy this park very much, I don't agree with all that has been done, there has been some good things I have liked. I don't see many Rangers there on the weekends actually it is rare to see Rangers there at all. In the past you would have thought MROSD could give a damn, now because this place is popular it is under much scrutiny. If you make it to easy for people they will bring there litter, and there are no garbage cans around, this place is also a high fire danger area during most of the summer. I guess what I'm trying to say is that El Corte de Madera is a great place and there are some great people who volunteer to help MROSD they know the park probably better than most and have a good idea's can how to maintain it to a level that everyone would be happy with. Don't take a black diamond area an turn it in to the bunny slope. Thanks for listening Kelly P. Mulrey Buildings and Grounds Supervisor American Institutes for Research ? R ECFVJ ED MIDPENINSijl A =�EG'vNAL OPEN SPACE DISTRICT Regional Open , ice 1 1 DRAFT RESPONSE ,_ PREPARED BY STAFF MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FOR BOARD CONSIDERATION Mr. Kelly Mulrey P.O. Box 1 1 13 Palo Alto, CA 94302 Dear Mr. Mulrey: Thank you for your recent letter regarding the trails at El Corte de Madera Creek Open Space Preserve. The Board reviewed your comments at its regular meeting last night. As you may know, the District is a property tax-funded public agency encompassing 16 cities and unincorporated parts of three counties. We have a wide diversity of constituents, and the Board makes every effort to try to balance and accommodate the interests of all types of user groups. I'd like to ensure that you are fully aware of the history of the trail use issues at El Corte de Madera Creek Open Space Preserve. Recently, this preserve underwent a thorough, two-year planning process which culminated in the June, 1996 adoption of a trail use plan. This plan was formulated with the assistance of a citizen task force composed of members of the public representing mountain bicycle users, hikers, and equestrians, along with District staff and a Board member. The general public was also involved in the process as numerous public workshops and hearings occurred prior to the plan's adoption. With this process, we feel that the trail use plan reflects the desires of our constituents, while maintaining important resource protection policies. Staff continues to work with mountain bicyclists and groups such as Responsible Organized Mountain Pedalers(ROMP)to try and accommodate a variety of trail uses. The plan is currently undergoing implementation. During the summer of 1996, District staff built about 3 miles of trail. The trail work which was performed was consistent with the approved trail use plan. The District desires to protect the natural resources of the preserve , while accommodating a variety of safe, enjoyable trail experiences for all our visitors. We feel that the new trails at this preserve help us accomplish this objective. Phase II construction is now underway. Staff and the Board's Use and Management Committee will also be considering the trails within the area adjacent to Skyline Boulevard between the Skeggs Point and Gordon Mill Trailhead entrances to the preserve. Public workshops and hearings for this area will most likely occur later this summer. We will add your name to our mailing list and notify you of these upcoming meetings. Again, thank you for writing with your concerns. Sincerely, Mary C. Davey, President Board of Directors MCDlmdeb cc: MROSD CBoard of Directors Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:415-691-1200 • 1972.1997 • FAX:415-691-0485 • E-mail: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 RESPONSE ACTION ?ROPOSED BY STAFF Board President Acknowledge/Respond Director Acknowledge/Respond Staff Acknowledge/Respond Draft Response Attached Staff to be Directed to Prepare Draft Response for Board Consideration per Board Directives) No Response Necessary Linda S. Cohen 935 Scott Street Palo Alto, Ca 94301 07/15/97 Dear Mid Peninsula Open Space Preserve Board Members; I often take my dog to Windy Hill to hike. It is nice to walk together away from the city. Now that it has gotten very warm, I really appreciate the Hamms Gulch Trail because it is cooler for both of us. Otherwise, without a shady trail, we could not go on a rigorous and woodsy excursion. Thank you for opening this trail for us. I hope it will continue into the future. Sincerely, Linda S. Cohen, M.A. l�yl Regional Open ., ice 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION Ms. Linda S. Cohen 935 Scott St. Palo Alto, CA 94301 Dear Ms. Cohen: Thank you for your letter of July 15 regarding dog access on the Hamms Gulch Trail at Windy Hill, and for your kind words. The Board reviewed your comments at its regular meeting last night. As you probably know, Hamms Gulch was opened to leashed dogs on a one-year trial basis in January, 1997. The Board directed staff to install signage and work with the dog-owner group, Peninsula Access for Dogs (PADS), to encourage compliance with the leash and waste clean up ordinances, and to assess compliance with these regulations over a one,year period. The 6 month interim results are expected to be presented to the Board at our August 27 meeting. Again, thank you for taking the time to let us know your thoughts on this issue. Sincerely, Mary Davey, President Board of Director RA/md cc: Board of Directors �4 v Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:415-691-1200 • 1972-1997 • FAX:415-691-0485 • E-mail:mrosd®openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz • Genera!Manager:L.Craig Britton RESPONSE ACTION PROPOS rD By STAFF Board President Acknowledge/Respond Director Acknowledge/Respond Staff Acknowledge/Respond _ Draft Response Attached Staff to he Directed to Prepare Draft Response for Board Consideration per Board Directive(s) No Response Necessary July 16, 1997 Board of Directors N idpeninsula Open Space District 330 Distel Circle LosAltos,CA 94022-1404 Greetings: RE: Russian Orthodox Convent on Skyline I am shocked and surprised that the development proposal of Our Ladyof Vladimir has proceeded through the Planning Commission and the Borard of Supervisors to approval. This idea has no merit and lacks any element of ordinary common sense. This construction will forever preclude the several expected plans for open space preservation, wildlife protection and recreational preserves. If completed this project will significantly alter the planned appearance of the peninsula. The stealth and secrecy by which this proposal insinuated itself into the public agenda is most reprehensible. I urge you to acquire this land so that it can be preserved free from development and joined with presently protected adjacent parcels to make possible the realization of the dream of an open space extending from San Francisco to Santa Cruz county. Sincerely, Walter H.Droste 12475 Skyline Blvd Woodside, CA 94062 i i a j Regional Open S, ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION Mr. Walter Droste 12475 Skyline Boulevard Woodside, CA 94062 Dear Mr. Droste: Thank you for your recent letter regarding the proposed development on Skyline Boulevard by the Russian Orthodox Church. The Board reviewed your letter at its regular meeting last night. The Board has not yet determined what course of action, if any, it will take in regards to this land. An appraisal of the property is pending, and I believe the Board will be able to better make an informed decision about the possibility of acquiring the land after that document is available. We will certainly take your comments into consideration. Again, thank you for writing with your concerns. Sincerely, Mary C. Davey, President Board of Directors MCD/mcs cc: MROSD Board of Directors Celebrate 25 Years of open Space Preservation 330 Distel Circle • Los Altos,CA 94622-1404 • Phone:415-691-1200 • 1972-1997 • FAX:415-691-0485 • E-mail:mrosd@openspace.org • Web site:www.openspace.org 0 Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •General Manager:L.Craig Britton RESPONSE ACTION PROPOSED BY STAFF Board President Acknowledge/Respond Director Acknowledge/Respond Staff Acknowledge/Respond Draft Response Attached Staff to be Directed to Prepare Draft Aea ponce for Boa:d Conatderat ton per Board OL rec cive(s) No Respanse Necessary July 16, 1997 Board of Directors MROSD 330 Distal Circle Los Altos, CA 94022 Dear Directors: As a thirty year resident on Skyline word of early development in my immediate vicinity of 284 acres in the upper Mills Creek Watershed is both distressing and shocking.The plans clearly contemplate commercial usage, such as selling crafts, books and mementos and manufacturing the same, renting sleeping rooms and meals, in addition to the religous usage. The area is now single family resenditial and agricultural and this intrusion of commerce is highly inappropriate. Priority consideration should be given to protecting the present open space and to developing appropriate open space recreation activities. Future assembly of open space running from San Francisco to Page Mill Road and beyond must not be precluded by this small parcel. The church has stated that there will be no public access except for paying guests, which clearly eliminates recreational development and wildlife protection. Your prompt acquisition of this land will preserve future options for the usage of the entire area. I am sure there are numerous suitable locations for the plans of the church which do not cause such blatant damage to this area, its wildlife, its sweeping views, and to the residents. Sincerely, Robert S. Walker 12475 Skyline Blvd. Woodside, CA 94062 (415)851-8146 Regional Open S, .ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION Mr. Robert Walker 12475 Skyline Boulevard Woodside, CA 94062 Dear Mr. Walker: Thank you for your recent letter regarding the proposed development on Skyline Boulevard by the Russian Orthodox Church. The Board reviewed your letter at its regular meeting last night. The Board has not yet determined what course of action, if any, it will take in regards to this land. An appraisal of the property is pending, and I believe the Board will be able to better make an informed decision about the possibility of acquiring the land after that document is available. We will certainly take your comments into consideration. Again, thank you for writing with your concerns. Sincerely, Mary C. Davey, President Board of Directors MCD/mcs cc: MROSD Board of Directors T•��.Utz..-or.�U�.ld S..o�c.1 Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:415-691-1200 • 1972-1997 • FAX:415-691-0485 • E-mail:mrosd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Nanko,Betsy Crowder,Kenneth C.Nitz • General Manager:L.Craig Britton Y.55 RESPONSE ACTION PROPOSED BY STAFF Board President Acknovled;e/Respond - T w Director Acknovled gel Res pond :tom__ � Staff% Acknovlad Re/Respond r' Draft Response Attached Staff to be Directed to Prepare Draft Response for Board Consideration per `,.-. Board Directive(.) No Response Necessary C-/; Iv -=4 zL 1 i Zt: Gab'—.C� � '^`f�—�—�'•�_ • z� Regional Open S, ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION Ms. Carolyn O'Connor 135 Harkins Road Woodside, CA 94062 Dear Ms. O' Connor: Thank you for your recent letter regarding the proposed development on Skyline Boulevard by the Russian Orthodox Church. The Board reviewed your letter at its regular meeting last night. The Board has not,yet determined what course of action, if any, it will take in regards to this land. An appraisal of the property is pending, and I believe the Board will be able to better make an informed decision about the possibility of acquiring the land after that document is available. We will certainly take your comments into consideration. Again, thank you for writing with your concerns. Sincerely, Mary C. Davey, President Board of Directors MCD/mcs cc: MROSD Board of Directors U,k Wu or.14 Utu sat! Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:415-691-1200 • 1972-1997 • FAX:415-691-0485 • E-mail: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 RESPONSE ACTION PR0?0s ED BY STAFF Board President Ackaowledge/Respond Director Acknowledge/Respond Staff Acknowledge/Respond Draft Response Attached Staff [o be Directed to Prepare Draft Response for Board Conalderation per Board Directives) No Respopse Necessary July 14, 1997 Board of Directors Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 Dear Board of Directors: Subject: Proposed Russian Orthodox Convent on Skyline I would like to express my support of a resolution to acquire the property that the Russian Orthodox Church has proposed to build a convent. As a long time resident, I believe that building the convent will change the character of this unique area. My property borders on Open Space so I know first hand the benefits that the acquiring and preservation of land like that in the proposal for the convent can have for the residents, as well as those in the entire Bay Area, who like open space and hiking. This land is also necessary to further the Ridge Trail. Once land is lost to development, it is lost forever as far as open space is concerned. This development will only encourage other development that will have detrimental effects to the area as well. Acquiring the land through Eminent Domain would also prevent the legal problems of challenging the Williamson Act. This act protects land throughout California and a challenge could have far reaching consequences. Respectfully, Frank Adams 135 Harkins Rd. Woodside, CA 94062 Regional Open ce w MIDPENINSULA REGIONAL OPEN SPACE DISTRICT DRAFT RESPONSE PREPARED BY STAFF FOR BOARD CONSIDERATION Mr. Frank Adams 13 5 Harkins Road Woodside, CA 94062 Dear Ms. O' Connor: Thank you for your recent letter regarding the proposed development on Skyline Boulevard by the Russian Orthodox Church. The Board reviewed your letter at its regular meeting last night. The Board has not yet determined what course of action, if any, it will take in regards to this land. An appraisal of the property is pending, and I believe the Board will be able to better make an informed decision about the possibility of acquiring the land after that document is available. We will certainly take your comments into consideration. Again, thank you for writing with your concerns. Sincerely, Mary C. Davey, President Board of Directors MCD/mcs cc: MROSD Board of Directors v Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:415-691-1200 • 1972-1997 • FAX:415-691-0485 • E-mail: 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 1 R-97-118 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-21 August 13, 1997 AGENDA ITEM 1 AGENDA ITEM Amendment to the Use and Management Plan for the Kennedy-Limekiln Area of Sierra Azul Open Space Preserve to Confirm the Closure and Restoration of Priest Rock Bypass Trail (also known as Moody Trail) GENERAL MANAGER'S RECOMMENDATION Tentatively adopt the amendment to the Use and Management Plan for the Kennedy-Limekiln Area of Sierra Azul Open Space Preserve to confirm the closure and restoration of Priest Rock Bypass Trail (also known as Moody Trail). DISCUSSION In May 1997, the Board was informed that a restoration project was being undertaken on the Moody Trail at the Kennedy-Limekiln Area of Sierra Azul. The decision to restore the Moody Trail to a natural state was based primarily on the fact that erosion problems had become severe, and staff was under the impression that the trail was not a designated trail on District or County land. The trail has now been closed and restored. The trail originated when a visitor re-opened up an old jeep road. The majority of the approximately one-mile long trail is on County Park property with a portion on District land (see attached map). The trail parallels Priest Rock Trail and has never been maintained by District or County staff. Although originally known as the Priest Rock Bypass Trail, it was later referred to by trail users as the Moody Trail. Even though District and County staff have not maintained the Moody Trail, visitors kept the trail open by pruning the brush and continuing to use the trail. Over the past five years, the number of visitors using this trail has increased dramatically, and District and County Park staff became increasingly concerned about the amount of erosion occurring on this trail. Because of the trail's poor alignment, the drainage cannot be easily corrected or maintained. The trail follows the top of the ridgeline on District property making it difficult to divert water off to the side of the trail. On County property the trail is aligned straight downhill with a grade often exceeding 30%. The increased use by visitors has hastened and intensified the erosion in several ways. The ground has become more compact, decreasing the ability of the soil to absorb moisture, creating more runoff. Vegetation is inhibited from growing, increasing the velocity of the runoff. Finally, the width of the trail and eroded areas have increased as visitors try to A Wdkm,14 WW 5:z-4! Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:415-691-1200 • 1972.1997 • FAX:415-691-0485 • E-mail: mrosd@openspace.org • web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,David T.Smernoff, Nonette Hanko,Betsy Crowder,Kenneth C. Nitz • General Manager:L.Craig Britton R-97-118 Page 2 negotiate the steep sections. In the spring of this year, District staff met with County Parks staff to evaluate the condition of the trail. Several alternatives to correct the erosion problems were considered: 1) installing drainage features on the existing alignment, 2) constructing a realigned trail, and 3) completely closing the trail. Staff initially looked at methods to correct the erosion and keep the Moody Trail open. However, as staff inspected the trail, it became clear that the majority of the trail would need realignment in order to provide proper drainage features. It would be extremely difficult for added drainage features to be effective since most of the trail either follows the ridgeline or goes straight downhill. Staff then considered realigning the trail in order to provide proper drainage and determined a new alignment would need to be twice the length of the existing alignment, approximately two miles. The cost to construct a realigned trail would be approximately $22,500, plus the cost of ongoing maintenance. Limited staff resources at both agencies make it difficult to add a new trail of this length to either agencies' capital improvement and maintenance schedules at this time, especially as an addition to an already full 5 year plan. Staff did not feel that, given the limited resources, it was a high priority to construct a realignment since there are two additional trails which currently provide visitors with alternate routes from Priest Rock Trail to Alma Bridge Road. The Priest Rock Trail parallels the Moody Trail, and the Limekiln Trail provides a northern route down the mountain. While both of these trails are fire roads and not single-track trails, they do provide visitors with alternative routes to choose from. Given the evaluation and the impression that the trail had never been designated by the County or the District, a joint maintenance project was undertaken by both agencies to close the Moody Trail and restore the area. Initially the project was not thought to need further Board action, and was therefore done on a maintenance basis. Upon further examination, staff realized that a first step should have been a formal amendment, because the Priest Rock Bypass Trail (Moody Trail) was identified as a maintained trail in the Comprehensive Use and Management Plan for the Kennedy- Limekiln Area of Sierra Azul Open Space Preserve (see report 89-79) . However, the trail was never designated as an official trail by Santa Clara County Parks, which may account for the fact that soon after the District's Comprehensive Use and Management Plan was adopted, the trail was removed from District trail maps, without a formal amendment to the Use and Management Plan. Although after the fact, staff continues to recommend that the Moody Trail remain closed to trail use and restoration efforts be completed . Staff does not recommend constructing a realignment at this time due to the lack of resources, the availability of alternate routes, and the current lack of a long-term trail plan for this area. In addition, Santa Clara County Parks does not support a realignment at this time due to their lack of resources and the availability of alternate routes. Although the alignment of the trail is primarily on County Parks property, the beginning of the trail is uphill on District property. Therefore, it is very important that the two agencies take a similar development and management approach. R-97-118 Page 3 Staff recognizes that this recommendation is not consistent with the desires of some of the existing mountain biking user groups. The closure of the Moody Trail eliminates the only single-track trail in the Sierra Azul area, with the alternate routes being fire roads. A new alignment, following adopted District guidelines, would result in a very different trail experience than the existing trail alignment. Staff recognizes that the majority of the existing users of the Moody Trail are seeking a narrow, technical trail. By realigning the trail, we understand that a trail built according to District guidelines will not substitute for the existing technical trail experience. However, the District's mission is primarily to protect the natural environment while secondarily providing opportunities for public recreation. As a result, staff recommends that the District continue to address the erosion problem by keeping the Moody Trail closed, and address the need for public trail opportunities when the long-term planning of the Sierra Azul area is undertaken. Long-term planning of the Sierra Azul Open Space Preserve is several years away due to the interspersed private lands. As such, there has not been a determination regarding future trail and staging area locations in Sierra Azul. The construction of a new trail without the benefit of long-term planning is not desirable. PUBLIC NOTIFICATION Consistent with the Board's Public Notification Policies, the adjoining owners have been notified that this item is being considered. In addition, this item has been sent to the Responsible Organized Mountain Pedalers (ROMP) electronic mail address. CEQA COMPLIANCE Project Description The project consists of restoration of an existing trail (Priest Rock Bypass Trail) on the Sierra Azul Open Space Preserve. CEQA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA (California Environmental Quality Act) under Article 19, Section 15301 of CEQA Guidelines as follows: Section 15301 exempts the operation, repair, maintenance, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that previously existing. 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Fs.;ri;:......%.r?::......,{r:..?.{.......:. /.... / /:..F +/.. ....:.�:... ....r r .!%.... :•�•?•: <?•r%r / :v• l::rir/.•./f/.f:+..:•F:::.v: f, ..:.+.r.....r................::..:r.:.::.r.......+...nJ.,....+.�lf.%:•i:%•.v.+...:.:;r....fJ...........r.::::: rr.....Fi.::::::.r........::::./ Regional R-97-117 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-21 August 13, 1997 AGENDA ITEM. 2 AGENDA ITEM Approval of Residential Rental Agreement for the Former Landre Residence at Long Ridge Open Space Preserve. GENERAL MANAGER'S RECOMhEbMATION Authorize the general manager to execute the attached Residential Rental Agreement with Jay and Perry Thorwaldson for the former Landre Residence at Long Ridge Open Space Preserve. DISCUSSION In December of 1991, the District acquired the 40-acre Landre property for $430,000 (see report R-91-131). The purchase price reflected the contributory value of the substantial residential improvements which include a 1,360 sq.ft. main residence, a large carport with an upstairs studio apartment and storage space, and a one room artist studio. The improvements were rented as an Enterprise property until October 30, 1995. The winter storms of 1995 caused a slide on School Road restricting access during the rainy season. The road slide also prohibited larger service vehicles from entering the property to repair the leaking roof. Due to these conditions, the District has been unable to rent this property since it was vacated in October, 1995. Even before the road slide, this was a high maintenance property for the former tenant and District field staff because of its remote location (see attached map). To repair and restore the structures on this property, a long-term rental agreement has been negotiated with Jay and Perry Thorwaldson. This agreement will provide for repair and maintenance of the property and residential improvements in lieu of rent during the initial term of the lease, which is a modification of the District's standard Rental Agreement. The repair and maintenance provisions of this agreement are modeled after the conditions of the current Thornewood residence rental agreement. The main elements of this agreement are as follows: 1) Repair and maintenance projects in lieu of rent during the initial term shall include: replace the roof on the main residence, repair the existing water system, maintain the access road, and restore the electrical system. The tenant will be allowed to trim and/or cut up to seven oak trees endangering the main residence upon specific approval by staff. District staff has determined the trimming and cutting of these trees is necessary for the safe occupancy of this dwelling. During the initial term, these repair and maintenance projects will cost the tenant an estimated $10,000 to $15,000. 2) The Agreement provides for two option terms of five years each. During the first year of the initial option, rent will start at $800 per month increasing annually by five percent (5%) with a rental credit provision for District pre-approved repair projects up to a maximum of$300 per month. Celebrate 2 YYears of Open Space Preservation 330 Distel Circle » Los Altos, CA 94022-1404 * Phone: 415-691-1 200 ® 1972-1997 « FAX:415-691-0485 e E-mail: mrosd@ohenspace..org a Web site: www.o[)ensl,)ace.org &� Board of Directors:Pete Sienwns,Mary C. Davey,Jed Cyr, David T.Stne rnotf, Nonette Hankr>, Bets Crowder, Kenneth neth � � �- y nncth C. Nits � L:erterat,h1,tnd(;et.L.Oai}.;Britton R-97-117 Page 2 3) This agreement requires that the tenant obtain permits and use licensed contractors on repair projects when appropriate. 4) The District will have no obligations and incur no expenses related to the repair and maintenance of the improvements except for the repair of the access road slipout which is subject to sufficient FEMA grant funding. 5) The Thorwaldsons will provide liability insurance for their use of the property. 6) A termination clause allows the tenant to end the agreement in the event of a catastrophic event or due to illness or disability. If the property is needed for recreation or open space purposes, the District can issue a one-year notice ending the agreement. This agreement provides for the continued use of the structures as an Enterprise property with no cost or obligation to the District. The agreement does not preclude future recreational use such as a hiker's but with a trail connection to Portola State Park or, if necessary, the demolition of the improvements. Any such decisions are subject to Use and Management polices regarding the disposition of improvements on District land. The District has researched the potential demolition of the improvements and determined it would cost an estimated $48,000. Any demolition would first require a repair to the slipout on School Road. The District has received $12,590 in FEMA grants toward the repair of this road. This road is also used as a seasonal patrol route, and may be the best future public trail route to Portola State Park. The actual slide repair cost, including engineering and permits, is estimated at $40,000. The District responsibility to repair the road slide under the Rental Agreement is subject to obtaining sufficient FEMA funding at District discretion. USE AND MANAGEMENT This rental agreement has been reviewed by the planning staff and is consistent with the Preliminary Use and Management Plan for Long Ridge Open Space Preserve. CEQA COMPLIANCE This action is categorically exempt under CEQA guidelines §15301 as repair and maintenance of existing public structures involving negligible or no expansion of use. Prepared by: Michael C. Williams, Real Property Representative Contact person: Same MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ---------------.... ................. LONG RIDGE .. .... .... OPEN SPACE 0.4 .......... ............ ......... .. .. .... ....... ......................... ........ PRESERVE % ...... ............. ....... Igx, ................-... 0', ,V 0.5 0.5 .... ....... li�jli . .......... . ..... Y ...... 0.1 .............. cc 7 ........ ... sch '0/ 0.2 N�4- 0.4 .... LrlUe (LR05) 0.2 3.5 0.1 A 0.3 FORMER LAkdqE-\/- 0.1 RESIDENCE 0.2 apc 26, G. ........ 0.3 2400 0.9 2200 2000 ........... ....... ................................. ............... ........... ............ .......... ................ ........ ... .......... ............. V.... H .............. -cl .......... .... ....................... ........... ........ ...... ...... ............. i*ix S.... =. ............ ............ a &Park .......... ................. ... ........... ......X . ...................... ... ........ ............. ........... .............- . .. ........... ........... ...................... . ......... ... ...... . .. ............. �X�X:, X�X::�....... . .......... W.... ........ .... ....... .... LOCATION MAP schird.ai RESMUMAL RENTAL AGREEMENT THIS AGREEMENT is made and entered into this day of August, 1997, by and between MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district(hereinafter called "District"), and JAY THORWALDSON and PERRY M. THORWALDSON(hereinafter called "Tenant"). RECITALS A. District is the owner of that certain real property consisting of(1) a one bedroom and one and 1/2 bathroom main house of annroximately 1. 63 0 s.f., (2)a c�ort with work space. one bedroom and one full bath. above,.(3) accessory buildings, electrical n ra g-�quipi�ent and as private. spring-fed water ayst= and (4)the area within a circle with a 250 foot radius around the buildings located at 100 School Road, county of San Mateo, State of California, as more particularly outlined in red on Exhibit"A' attached hereto and incorporated herein by this reference (the"Premises"), together with the appliances and other Personal Property currently on the Premises which are listed in Exhibit`B" attached hereto (the"Personal Property"). B. District desires to lease the Premises to Tenant, and Tenant wishes to hire the Premises from District, upon the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, the parties agree as follows: 1. Lease of Premises. District hereby leases the Premises to Tenant, and Tenant hereby hires the Premises from District, for the term, at the rental, and upon the other covenants and conditions set forth herein. Tenant shall also be entitled to use the Personal Property during the term of this Agreement, subject to the provisions hereinbelow set forth. 2. Term. (a) The term of this Agreement shall commence on August 15. 1997, and shall continue for a period of one(1)year and sixteen(16)days, through August 31. 1998 in accordance with Section 7 of this Agreement. (b) Tenant shall have an option to Lease the Premises for two(2) additional five (5)year terms under the same terms and conditions set forth herein. To exercise the option, Tenant must notify District in writing of Tenant's intent to exercise each option term. Such notification must be made no earlier than three(3)months nor later than thirty(30) days before the anniversary date of this agreement preceding the option date. (c) During each five(5)year option term, rent shall be increased annually by five percent(5%). This increase will be effective annually on the anniversary date. Page 1 3. BMI. (a) During the initial rental term ending August 31, 1998,District and Tenant agree that, pursuant to Civil Code Section 1942.1, and as set forth in Section 7 of this Agreement, Tenant shall undertake to improve, repair or maintain the Premises in lieu of rent as set forth in Section 7 and as required herein. (b) Upon exercising the initial five(5)year option term as set forth in Section 2 above, Tenant shall pay to District each month as rent for the Premises the sum of Eight Hundred Dollars($800.00). Said rent shall commence on September 1. 1998, and shall be payable in advance on the first day of each month during the term of this Agreement to District at 330 Distel Circle, Los Altos, CA 94022, or at such other address as District may from time to time designate in writing to Tenant. Rent shall increase annually thereafter by five percent(5%). Subject to Section 5 below, rent shall be payable only by personal check, cashier's check, money order, or in cash. During each five(5)year renewal term, District and Tenant further agree that, pursuant to Civil Code Section 1942.1, and as set forth in Section 7 of this Agreement, Tenant shall undertake to improve, repair or maintain the Premises and receive a rent credit on a case by case basis as required herein. 4. Late Payments. Tenant and District acknowledge and agree that in the event that Tenant fails to pay rent on or before the fifth(5th) day after the date due, District will incur damages due among other things to increased accounting costs and collection costs, the amount of which would be impracticable and extremely difficult to fix. Tenant therefore agrees to pay five percent(5%) of each such late payment as liquidated damages, which amount represents a reasonable approximation of the damages which are likely to result from such late payment. Such liquidated damages shall be deemed additional rent and shall be due together with rent for the delinquent period. 5. Dishonored Checks. In the event a personal check given by Tenant to District for payment of rent shall be dishonored due to insufficient funds, District agrees to make one attempt to redeposit the first(and only the first)of such dishonored checks. In the event such check shall again be dishonored, or in the event any additional rent checks shall be dishonored, Tenant shall, after written notice from District so requesting, make all future rent payments to District by cashier's check, money order, or cash only, and if any such future payment is made in cash, shall deliver the same in person to District's business office at the address set forth in Section 3, as the same may be changed by District from time to time. 6. Secudty Doosit. Tenant has deposited with District the sum of Eight Hundred Dollars ($800.00)(the "Deposit") as security for the full performance and observance by Tenant of each and all of the provisions of this Agreement to be performed and observed by Tenant. District shall be entitled to use the Deposit or any portion thereof to remedy any default in Yage2 payment of rent by Tenant, to clean the Premises upon termination of this Agreement, and to repair any damage to the Premises resulting from Tenant's occupancy of the Premises. District shall return to Tenant within three weeks after the latter of termination of this Agreement or Tenant's vacation of the Premises, the entire amount of the Deposit, without interest thereon, less only such sums as District is entitled to apply against unpaid rent, cleaning the Premises, and/or repairing any damage thereto. District shall not be required to keep the Deposit separate from its general funds. Tenant may not apply the Deposit to rent due under this Agreement without District's prior consent. 7. Rental Credit for Repair and Maintenance Work. (a) During the initial term of this Agreement from August 15, 1997 through August 31, 1998, Tenant shall preform the repair and maintenance projects listed below in lieu of paying rent. Tenant acknowledges and accepts responsibility for completing the following repairs and maintenance projects on and relating to the Premises: (i) Replace the tar and gravel roof on the main residence using a licensed roofing contractor. (Estimated cost$6,500, estimated completion date October 15, 1997.) (ii) Repair or replace the pump to the existing spring fed water system (replacement of pump may include the following,options: installation of a solar slow pump system or a installation of a gravity flow system in a suitable location subject to District written approval), stabilize the footing of the redwood water tank located below the main residence, and replace and repair existing water lines as necessary. (Estimated cost $1,000 to $1,500, estimated completion date September 30, 1997.) (iii) Maintain the access road, which includes a portion of Ward and School Roads, from Gate LR-05 (Jikoji Bypass Gate)to the Premises to a year round passable standard by four-wheel-drive vehicles. Maintenance shall include cleaning of culverts and roadside ditches, clearing of fallen trees from roadway, purchase and installation of baserock on roadway, and installation of waterbars and culverts. Installation of base rock, culverts and water bars is subject to prior District walk through inspection and written approval (estimated cost $1,500 to $2,000, plus ongoing maintenance). If and only if District receives grant funds from FEMA sufficient to pay the full cost of design, permits and construction of such repairs,District shall be responsible for the repair of the existing slipout on School Road. In the event sufficient FEMA funds are not received by District, Tenant shall assume all responsibility for the repairs or maintenance of the existing slipout on School Road and for any repair or maintenance of School Road. (iv) Restore the existing electrical system, consisting of a diesel generator and battery system to a serviceable condition. (Estimated cost $750 to $1,500, plus ongoing maintenance.) Page 3 fah a. (v) Remove dirt contacting the front entrance to the main residence. (Estimated cost $100, estimated completion date November 30, 1997.) (vi) Trim, cut and/or remove trees leaning against or in danger of falling on the main residence. Approximately seven(7)oak trees have been identified for trimming and/or removal. Most of the small oak cluster of which the trees are part would remain intact. The main residence and deck were built around these trees approximately 20 years ago. The trees identified now endanger the structure. The trimming and/or removal of these trees is subject to prior District visual inspection and written approval. (Estimated cost $1,000 to $1,500, estimated completion date October 15, 1997, but prior to roof replacement.) The estimated out-of-pocket expenses are between$10,000 and $15,000. The rental credit will be provided for the Tenant's labor and out-of-pocket expenses. Labor credit will be based on a rate of$10.00 per hour, and out-of-pocket expenses shall require copies of receipts or invoices submitted to the District for review and written approval. In the event projects are not completed within thirty(30) days of the estimated completion date, District has an option to terminate this Agreement with the delivery of a thirty day notice to vacate in compliance with Section 21 of this Agreement. General maintenance such as painting, removal of leaves, and maintaining a fire mark around the improvements, etc. will not be eligible for rent credit. (b) During the first year of the initial five(5)year option term(September 1, 1998 through August 31, 1999), up to $300 per month may be credited against the monthly rent for pre-approved repair and maintenance projects. Such credit shall include direct out-of-pocket expenses exceeding $10,000 which were incurred during the initial rental term as set forth in Section 7(a) above. The base rent shall be $800 per month as set forth in Section 3 above, and the minimum rent payment each month shall be $500. If the amount of the agreed upon credit is more than the $300 monthly maximum credit, the additional credit shall be applied to subsequent monthly rent(s). Accrual of advanced rental credit shall nPA exceed $3,600 or($300/month x 12 months). District shall have na responsibility for,out-of-pocket cost reimbursement or labor cost reimbursement, which shall be credited to rental credit only in accordance with the terms and conditions of this Agreement. (c) Beginning with the second year of the initial option term and continuing thereafter, rental credits will be granted for ongoing repairs or maintenance of the Premises on a case by case basis at the sole discretion of District. Repair and maintenance items considered for rental credit shall include, but are not limited to the following items: restoration of oak hardwood floors in the main house, repairs and replacement of existing decking and railing, appliance or equipment repairs or replacement, culvert, waterbar or rock installation for road maintenance, replacement or repair of water pump or tank and replacement or repair of electrical system equipment, etc. Routine maintenance and repair shall=be considered for reimbursement. Page 4 (d) Approval to undertake a project for credit against the rent will require preparation by the Tenant of a clear description of the work to be performed, the estimated hours, breakdown of estimated expenses, and a schedule for completion, including major milestones. (e) All work shall be performed under appropriate permits and using licensed contractors when appropriate, and performed in a good and workman-like manner. (f) Unless otherwise agreed in writing in advance, Tenant shall be responsible for all labor and out-of-pocket expenses to complete each repair or renovation project, including the cost of permits and fees. (g) Credit against the monthly rent shall be provided only upon approval of completed projects or milestones, which may include final inspection or building permit(s). Approval shall require approval of documentation and/or receipts for all labor and expenses. (h) The full monthly rent shall be due and payable in accordance with Sections 3 and 4 herein until the Tenant receives written notice from District that the credit is approved. District will make every effort to respond to requests for project approval on a timely basis. (i) Said rental credit shall= apply if this Agreement terminates, expires or is abandoned by either party. District shall have nQ responsibility for out-of-pocket reimbursement of rental credit in the event of termination of this Agreement by either party. 8. Possessory Interest Tax. Tenant acknowledges that Tenant's interest in the Premises under this Agreement may now or hereafter be subject to a possessory interest tax imposed by the County in which the Premises are situated or by other lawful governmental authority. Tenant shall pay any such possessory tax prior to delinquency thereof, and shall not be entitled to offset the amount of such tax against rent payable under this Agreement. 9. UK. Tenant understands that it is District's mission to preserve the open space character of the land upon which the Premises are located, and Tenant agrees to use the Premises in a manner which is consistent with such mission. Subject to the foregoing sentence, the Premises may be used as a personal residence for the following named individuals only: by Thorwaldson and Perr;v M. Thorwaldson, and for no other purpose without District's prior written consent. Occupancy by guests staying more than fourteen(14)days without the prior written consent of District shall be considered a breach of the provisions regarding assignment and subletting set forth in Section 18 below. In the event that either Tenant marries or cohabits, Tenant shall notify District in writing so that the Lease can be amended to reflect the additional tenancy. In any event, Tenant occupancy shall be limited to a maximum of four(4) individuals subject to Section 18 below. Tenant shall be allowed to keep a maximum of four(4) automobiles on the Premises. Tenant shall be entitled to keep as a pet one(1) dog. Tenant will be responsible for restraining the dog to the Premises. Tenant shall not do, or permit anything to be done in or about the Premises, nor bring nor keep anything therein which will in any way cause a cancellation Page 5 of any insurance policy covering the Premises or any,part hereof, or any of its contents. Tenant shall not commit or allow to be committed any`nuisance or waste in or upon the Premises, and shall not permit trash or garbage of any kind to accumulate on or about the Premises. Tenant is allowed to have a small garden below the main house. Tenant specifically agrees not to cause or permit any cutting of live trees(except as provided in Section 7(a)(vi) of this Agreement or if a hazardous condition exists requiring trimming and/or cutting of trees subject to prior District written approval), grading of soil, or hunting of animals on the Premises or on any District land. Tenant shall not use the Premises or permit anything to be done in or about the Premises which will in any way conflict with any law, statute, ordinance, code, rule, or regulation of lawful governmental authority, including but not limited to District's "Regulations for Use of Midpeninsula Regional Open Space District Lands," and any amendments thereto, which may now be in force or which may hereafter be promulgated, and Tenant shall at all times during the term of this Agreement comply with each of the same. Said regulations are attached hereto as Exhibit "C". 10. Utilities. Tenant shall pay directly to the charging authority on or before the date when due all charges for any and all services and utilities supplied to the Premises. Tenant hereby acknowledges the following special conditions:'Water to the Premises is presently pped and pined from a spring-fed tank located on the a4ioiring private propeLly below the main house. The =a r ysLem is not filtered or treated and the tenant has Role respon ibi i y for maintaining the system as a potable water system or providing notable water. No public utilities other than *phone service are provided to this propcM and garbage removal is not available. Tenant is fully aware of and accepts these circumstances Tenant agrees to provide for gage removal Tenant is responsible for telephone, propane and any other services. The provisions of this Section 10 have been read and are specifically understood and agreed to by Tenant: Date: Tenant: _. JAY THORWALDSON Date: Tenant: PERRY M. THORWALDSON 11. Maintenance and Repair. Tenant accepts the Premises in its "as is" condition. Tenant shall, at Tenant's expense, repair and maintain the Premises and every part thereof in good, safe, and sanitary condition, order, and repair. Except as specified in this Section 11, District shall have no obligation to repair or maintain the Premises. In performing Tenant's obligation to repair and maintain the Premises, Tenant may receive rental credit as set forth in Section 7 of this Agreement. (a) By entering into and accepting this Agreement, Tenant acknowledges and accepts that all structures and improvements on the Premises in their present condition have been Page 6 vacant and in disrepair. District makes no representations or warranties as to the habitability or condition of the structures and/or improvements on the Premises. By accepting this Agreement, Tenant acknowledges and accepts the following physical conditions of the Premises: (i) The roof to the main residence leaks and needs to be replaced. (ii) The pump to the existing spring fed water system needs to be repaired or replaced. (iii) The access roads(School and Ward Roads) are subject to washouts, blockage by downed trees, plugged culverts and difficult road conditions during the rainy seasons. (iv) The electrical system consists of a diesel generator and battery systems which require ongoing maintenance, repair and replacement. (v) The hardwood floors in the main residence are water damaged and have buckled in several locations as a result of the roof leaks. (vi) The wood decking and railing is in need of stabilization and repair. Tenant will be responsible for all repairs and maintenance of the conditions listed above, and any other conditions that may exist or arise relating to the improvements on and related to the Premises in compliance with all applicable building codes, zoning codes and other applicable laws. Tenant will be responsible for obtaining any necessary government approvals to perform such work. (b) Tenant, at its own expense and in a timely manner, shall keep and perform all routine maintenance and repair on all buildings, roads, springs, drains, culverts, fixtures, and any other things on or about the Premises and without any alterations or additions except such as shall be first approved in writing by District in accordance with Section 7 above. Tenant hereby waives all rights to make repairs at District's expense under the provisions of Section 1942 of the Civil Code of the State of California. (c) Subject to the provisions below, Tenant shall, at Tenant's expense, maintain the Premises and every part thereof, and the Personal Property, and the lawn, shrubs, and other landscaping surrounding the Premises, in good, safe, and sanitary condition, order, and repair. Tenant shall at all times during the term of this Agreement maintain as a fire break an area at least thirty(30) feet in width, surrounding the perimeter of the structures comprising the Premises which shall be free of all low-lying brush, dry weeds, and similar flammable materials. Tenant shall maintain said thirty(30)foot fire break in compliance with such reasonable standards and instructions as District shall notify Tenant of in writing from time to time. Except as set forth in Section 11(a)(iii), District shall have no duty whatsoever to maintain or repair all or any portion Page 7 of the Premises, or the Personal Property, or any personal belongings or leasehold improvements of Tenant. The provisions of this Section 11 have been read and understood by Tenant and Tenant specifically acknowledges and agrees to this Section 11, as follows: Date: Tenant:, JAY THORWALDSON Date: Tenant: PERRY M. THORWALDSON 12. Indoendent Contractors. In any agreement entered into between Tenant and any outside contractor(s)to perform work as required under this Agreement, the following language shall be incorporated: "Contractor shall act as an independent professional and not as an agent of District. Contractor shall maintain complete control of its employee(s) and subcontractor(s), and nothing contained in this agreement or any subcontractor agreement shall create a contractual relationship between contractor or any subcontractor and District. Contractor shall perform all work in accordance with its own methods, subject to compliance with this agreement and applicable laws and regulations, and written supplemental instructions from District." Any agreements entered into by Tenant with contractors to perform work in accordance with this Agreement must receive prior approval by District. 13. Insurance. Tenant, at Tenant's sole expense, shall obtain and keep in force during the term of this Agreement a general liability insurance policy with an insurance company satisfactory to District, protecting District and Tenant against any and all liability arising from Tenant's use of the Premises, or from any occurrence, in, on, about, or related to the Premises, with a single combined property damage and personal injury limit of$500,000. All such public liability insurance shall insure performance by Tenant of the indemnification obligations of Tenant set forth in Section 15 hereof, and the policy shall contain a cross-liability endorsement. Tenant agrees to furnish a certificate of such insurance to District, naming District as an additional insured on or prior to the date of commencement of the lease term, and again upon any renewal or modification of such insurance. No such policy of insurance shall be cancelable or subject to reduction of coverage or other modification except after thirty(30) days prior written notice to District. The limits of said insurance shall in no event be deemed to limit the liability of Tenant hereunder. 14. Alterations. Tenant shall not make or suffer to be made any alterations, additions, or improvements to, or of the Premises or any part thereof,without the prior written consent of District, except as provided in Section 7 herein. All such alterations, additions, and improvements shall become and remain the Premises of District immediately upon installation or construction thereof on the Premises unless Tenant and District shall otherwise agree in writing. Tenant may, however, at his own expense paint and otherwise enhance the condition of the Premises. 15. Li=. Tenant shall keep the Premises free from any liens arising out of any work performed, materials furnished, or obligations incurred by Tenant. 16. Waiver of Claims. District shall not be liable to Tenant, and Tenant hereby waives any claims against District for any damage to Premises or injury or death to any person in, on, or about the Premises by or from any cause whatsoever. Page 8 4 17. Indemnification. Tenant hereby holds District harmless from and shall defend District from and against any and all claims of liability for damage to Premises or injury or death to any person when such damage, injury, or death shall be caused in part or in whole by the use of the Premises by Tenant or Tenant's invitees or contractors, or from the failure of Tenant to keep the Premises in good condition and repair, or from the breach by Tenant of any other provision of this Agreement. 18. E s ianment and Subletting. Tenant shall not assign this Agreement or sublet the Premises or any interest therein without the prior written consent of District, which consent may be withheld for any reason. 19. Damage or Destruction. In the event the Premises shall be damaged or destroyed in part or whole, then District shall be entitled to elect, by written notice to Tenant, as soon as reasonably possible after Tenant notifies District of said damage, either(i)to repair the same and restore the Premises to substantially the same condition as existed immediately prior to such damage, or(ii)to terminate this Agreement, airier which neither party shall have any further liability or obligation to the other hereunder, except for liabilities or obligations which accrued prior to such damage and election to terminate. In the event District shall elect to repair or restore the Premises pursuant to this Section 19, Tenant shall not be entitled to any damages or other compensation from District from any loss of quiet enjoyment or for any other reason arising from District's repair or restoration activities. District shall in no event be required to repair or replace any Personal Property installed or maintained by Tenant in or about the Premises, including the Personal Property listed on Exhibit "B", and Tenant hereby releases District from any responsibility for Tenant's Personal Property, furnishings, or household goods. 20. Enemy District. District shall, at any and all reasonable times and on reasonable notice, have the right to enter the Premises to inspect the same, to post notices of non- responsibility, to repair the Premises, and to exhibit the Premis-es to prospective tenants. Tenant hereby waives any claim for damages for any loss of occupancy or quiet enjoyment of the Premises occasioned thereby. 21. Default by Tenant. (a) The occurrence of any of the following shall constitute a material default and breach of this Agreement by Tenant: (i) The abandonment of the Premises by Tenant; or (ii) A failure by Tenant to observe and perform any provision of this Agreement to be observed or performed by Tenant. (b) In the event of any such default by Tenant, then in addition to any other remedies available hereunder to District or at law or in equity, this Agreement and all rights of Tenant hereunder shall be terminated upon delivery by District of notice of such termination to Tenant. Upon such termination, District may recover from Tenant all amounts necessary to Page 9 compensate District for all the detriment proximately caused by Tenant's failure to perform Tenant's obligations under this Agreement or which in the ordinary course of things would be likely to result therefrom. (c) In addition to the remedies provided above, in the event Tenant shall fail to perform any obligation to be performed by Tenant under this Agreement, or shall fail to pay any sum required to be paid by Tenant under this Agreement,District may, but shall not be obligated to do so, perform or pay the same or cause the same to be performed or paid, and Tenant shall promptly upon demand by District therefore, reimburse to District all costs reasonably incurred by District in connection therewith, together with interest on such sums at the rate of ten percent (10%) per annum from the date incurred by District until repaid in full by Tenant. 22. Termination. At any time during the term of this Agreement, or any renewal thereof,District and Tenant mutually agree to a unilateral termination right on the part of either ply. (a) In the event District at its sole discretion requires the property for public recreation or open space purposes, District shall provide the Tenant with a one(1)year written notice to terminate this Agreement. (b) In the event that the Tenant decides to terminate the lease due to illness, disability, or inability to fulfill maintenance responsibilities of this Agreement, Tenant shall provide District with a six(6)month written notice of intention to vacate the Premises. (c) In the occurrence a catastrophic event impacts the Premises causing the improvements to be inaccessible or uninhabitable, the Tenant may terminate this Agreement with the delivery of a thirty(30) day written notice of intention to vacate the Premises. 23. Surrender;No Relocation Rights. Upon expiration or sooner termination of the term of this Agreement, Tenant shall vacate the Premises and remove all persons and Personal Property therefrom, and shall surrender possession of the Premises to District in good repair and condition, subject only to reasonable wear and tear and damage due to causes beyond the reasonable control of Tenant. Tenant, on behalf of Tenant, and on behalf of Tenant's immediate family, hereby specifically waives any right to, and releases District from any and all claims for, relocation benefits and/or relocation payments to which Tenant and those claiming through Tenant might otherwise be entitled pursuant to California Government Code Section 7260!d=Q., and any similar or successor statutes. Tenant shall hold District harmless from and indemnify District against any and all liability, cost, and expense suffered or incurred by District and arising in connection with any such right or claim. By their signatures below, Tenants specifically recognize and accept the terms of Section 21 of this Residential Rental Agreement. Page 10 THIS IS A WAIVER OF RELOCATION BENEFITS AND TENANT ACKNOWLEDGES AND SPECIFICALLY AGREES TO SUCH WAIVER: Date: Tenant: JAY THORWALDSON Date: Tenant: PERRY M. THORWALDSON 24. Notices. All notices, demands, requests, or consents(collectively "notices")given hereunder by either party to the other, shall be made in writing and shall be delivered personally or by first class mail, postage prepaid, and addressed to the parties as follows: District: Mdpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Michael C. Williams,Real Property Rep. (650)691-1200 (650) 691-0485 FAX Tenant: Jay Thorwaldson Perry M. Thorwaldson 400 Channing Avenue Palo Alto, CA 94301 (650) 8534820 Notice given by mail in accordance with the requirements set forth above shall be deemed to have been delivered five(5) days after the posted date of mailing. 25. Waiver. Waiver by District of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition herein contained. District's acceptance of a partial payment of rent shall not be deemed an accord and satisfaction, and shall not be deemed a waiver of District's right to recover the full amount thereof. 26. Attorneys'Fees. If an action shall be instituted to enforce this Agreement, the prevailing party shall be entitled to recover reasonable attorneys'fees as fixed by the Court having jurisdiction. Page 11 27. General. (a) This Agreement contains all of the terms, covenants, and conditions agreed to by District and Tenant and supersedes any and all agreements previously made between Tenant and District with respect to the Premises. This Agreement may not be modified orally or in any manner other than by a written instrument signed by both of the parties to this Agreement or their respective successors in interest. (b) If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. (c) The covenants and conditions hereof, subject to the provisions as to subletting and assignment, shall inure to the benefit of and bind the heirs, personal representatives, successors and assigns of the parties hereto. (d) The paragraph headings of this Agreement are for convenience only and are not a part of this Agreement and do not in any way limit or amplify the terms and provisions of this Agreement. (e) All persons who have signed this Agreement as Tenant shall be jointly and severally liable hereunder. (f) This Agreement shall be governed and construed in accordance with the laws of the State of California. (g) Time is of the essence as to each and all of the provisions of this Agreement with respect to which time of performance is a factor. Page 12 IN WITNESS WHEREOF,District and Tenant have executed this Agreement the day and year first above written. "DISTRICT" `MN,004T" MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District By: Jay Thorwaldson APPROVED AS TO FORM: Date: By: Michael C. Williams By: Real Property Representative Perry M. Thorwaldson AGREED AND ACCEPTED: Date: By: L. Craig Britton General Manager Date: Page 13 EXHIBIT B List of Personal Property Owned by District: propane range propane refrigerator diesel generator television tower antenna three(3)wood stoves propane storage tank 2 electrical charging units Page 14 Regional Open , ,)ace 1 R-97-116 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-21 August 13, 1997 AGENDA ITEM 3 AGENDA ITEM Report on Regional Open Space Plan Public Input Phase and Confirmation of Plan Review Process GENERALNAGER'S RECOMMENDATION �- Review and comment on the process for completion of a draft Regional Open Space Plan as outlined in this report. DISCUSSION At your April 9, 1997 regular meeting you approved a public input process for the District's Regional Open Space Plan (see report R-97-58). The Regional Open Space Plan is a planning study intended to show the current status of land preservation and low-intensity recreation facilities and a potential future greenbelt on the peninsula. It is intended to include District's preserves and the lands and facilities of other agencies and organizations involved in open space preservation and recreation in the region. It will not have a binding legal effect, but rather will be an information resource which can be used by the District in the case of possible future actions to acquire or improve open space land. At your August 14, 1996 meeting you determined that this project is statutorily and categorically exempt from the California Environmental Quality Act (CEQA) (see report R-96-87). Over the past several months numerous meetings and workshops have been held for staff of "stakeholder" agencies and organizations and for District staff. In the case of other agencies and organizations, meetings have focused on gathering information about lands, facilities, and plans, creating a database of contacts for further information and coordination, informing the participants about the study and the proposed plan, and soliciting and recording their ideas. In May, June, and July, four regional public workshops were held by you for District constituents in Mountain View, Los Gatos, on Skyline Boulevard, and in Redwood City. The objectives of these workshops were for the participants to understand the organization, mission, and policies of the District; to understand the objectives of the study, and to provide input on potential policies, priorities, and alternative approaches for acquisition, improvement, and management of open space land. The public workshops were extensively advertised and noticed, including a mailing to all 16,500 people on the District Newsletter mailing list, display ads in the major daily and local weekly or monthly newspapers, notice to rural homeowners groups, public service U4 14 wtu Ste! Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200 • 1972-1997 • FAX:415-691-0485 • E-mail: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-97-116 Page 2 announcements in local newspapers and on radio, and notice to the regular agenda subscribers. Approximately 200 people participated in the workshops, which featured an interactive public input exercise for groups of 6 to 12 people on open space policies, priorities, and alternatives. The results of the public input exercises from the four public workshops are attached for your information. The input exercise will be conducted for District staff, docents, and volunteers in August and September. The results of these exercises will be reported to you at a subsequent meeting. The public input includes a number of suggestions (the "other" responses) which deserve special attention because they were discussed only by the smaller group of people in each exercise group, and are therefore not statistically equal with the other results. The questions were refined somewhat from workshop to workshop, but the basic meaning of the questions and options did not change. The wording in the summary is the latest version. Overall, the results of the exercise, for example in Questions 1 and 2, Mission, and Priorities, tend to support the District's current policies and management approach. However other observations were drawn by staff from the results. Below are summaries of the public input on questions three through eight: • Question 3, Management: "protecting and restoring natural resources" is the highest priority, with "maintaining existing trails and facilities" a close second, with a lower priority for managing public use. • Questions 4 and 5, Acquisition Goals and Priorities: When considering land purchases, careful consideration should be given to regional trail connections, potential wildlife habitat value, and other "unique" scenic or recreational resources, along with threat of development. • Question 6, Facilities: The District should continue its efforts to provide parking with restrooms as the most basic facility, but should also look into more backpack camps, and where feasible, providing drinking water. Regional, unstaffed information kiosks should also be considered. • Question 7, Trails: Continue to focus on completing regional trail connections and short-to-medium loop trails. Continue to provide multi-use trails, but also provide more hiking-only trails. • Question 8, Management: Look at the potential for designated "wilderness zones" with little or no development of trails or facilities, and identify sensitive habitat areas in which use may be excluded or limited. The information from the input exercise will not necessarily be directly used to formulate the Regional Open Space Plan, but it is valuable as a context for the plan so that the public and the Board have a good foundation of communication leading to the actual plan review, and may be valuable in future deliberations on District use and management policies. The next stage in the Regional Open Space Plan process is review of a draft concept plan for the potential greenbelt. The initial draft will be prepared by staff based on input from the R-97-116 Page 3 Board, public, staff of other agencies and organizations, and District staff. The draft is intended to include many ideas, and may present alternative concepts based on congruous ideas. It will show potential regional trails and major facilities and concepts for open space land protection covering the San Francisco Peninsula from the Bay to the coast. Along with the plan review there will be a discussion of possible financial implications of the elements of the study. This will be facilitated by a financial projection of the cost of creating and managing the District's portion of the potential future greenbelt. Staff has prepared these projections based on past experience with the cost of land acquisition, site improvements, and open space maintenance and management. The projections take into account the District's current financial status and guideline spending limits (6% average annual growth guideline in operating expenses and $600,000 annual limit for capital improvements). No actual funding is involved in this study; rather, the study will estimate funds which might be required if the District were to undertake any portion of the plan. Plan review is proposed to take place at a series of regular or special Board meetings starting in September. The meetings will be widely noticed and advertised, including direct notice to all those who attended the public input stage workshops. The plan review meetings are proposed to be central, rather than regional like the input meetings. This will require an off- site meeting location near District offices, since if even one-fourth of the workshop participants attended, it would overwhelm the Boardroom capacity. In addition to these public Board meetings, to ensure that key local parks and open space representatives have early opportunities for input, joint meetings with the District Board have been scheduled with the San Mateo County Parks and Recreation Commission on September 17, the Santa Clara County Open Space Authority Board on October 15, and the Santa Clara County Parks and Recreation Commission on November 5. A similar meeting with the Peninsula Open Space Trust Board is being scheduled. Depending on the progress of the Board's plan review, these joint meetings may include the input exercise and/or presentation and review of the draft plan. The number of meetings required for plan review and the interval between meetings depends on the level of comments and controversy on the plan. Staff proposes that at your August 13 meeting at least three meeting dates be identified in late September and October, with at least two weeks between meetings. The overall schedule objective is to complete the District's plan review and refinement process in fall and take the draft plan to other agency Boards for official review and comment during winter, leading to final adoption by the District Board, including finalization of the revised Basic Policy, prior to April 1, 1998. Prepared by: Randy Anderson, Senior Planner Contact person: Same as above REGIONAL OPEN SPACE PLANNING WORKSHOP SUMMARY Workshop Results: 5/21/97 (Mountain View), 6/4/97 (Los Gatos), 6/18/97 (Skyline), 7/16/97 (Redwood City) 1. MISSION: How important is preservation of open space to the future quality of life on the Peninsula (each person to vote one) 5/2lmo%l 6/18197 7/16/97 Workshop Workshop WorkshopWorkshopCumulative 239% 28 57% 27 69% 104 62% a Critical 91% 17 34% 10 26% 54 32% b High priority 40% 3 6% 2 5% 9 5% c Medium priority 0 1 2% 0 0% 1 1% d Low rio00% 0 0% 0 0% 0 0% (e) Unnecessary 36 44 49 39 168 2. BUDGET PRIORITIES: Given limited funds,which should be the highest priority in taking on new responsibilities? (each person to vote for one) 5/21/97fiA 4/97 6/19/97 7/16197 WorkshopWorkshop WorkshopWorkshopCumulative 21 62 75% 29 56% 31 77% 111 67% a A uidn more open space land. 11 32 15% 15 29°� 6 15% 38 23% b Providin more ublic access on existin land. 2 6 10% 71 14% 3 7% 16 10% (c) Focusing on maintenance&management 34 40 51 40 165 sum_work.xis Page 1 3. MANAGEMENT PRIORITIES: Which should be the Open Space District's highest priority in managing its existing lands? (each person to vote one) 5/21/97 6/4/97 6/18/97 7/16/97 Workshop Workshop Workshop Workshop Cumulative 16 46% 24 57% 241 481 181 47% 821 50% a Prot cting and restoring natural resources 18 51% 13 31% 141 28% 201 53% 651 39% b Maintaining existing trails and facilities 1 3% 5 12% 12 24% 0 6% 1 8T 11% (c) Patrolling to manage public use and protect public safety 35 42 50 38 165 4. ACQUISITION GOAL: Assuming funds are available,which should be the District's acquisition goal? (ask group to add to the list,then ask each to vote for one) 5/21/97 6/4/97 6/18/97 7/16/97 Workshop Workshop Workshop Workshop Cumulative 10 28% 2 7% 3 5% 4 1 1% 19 11% a Fill in gaps to complete existing reserves 16 44% 24 56% 34 62% 23 61% 97 56% (b) As above, plus buy undeveloped parcels with unique natural resources that would otherwise be developed 5 14% 6 14% 5 9% 3 8% 19 11% c Preserve all major undeveloped parcels in the ba lands& hills 3 8% 5 12% 2 4% 0 0% 10 6% d As above, plus preserve remaining open space within urban space 1 3% 1 1% e Other? Buy development rights 1 3% 1 1% Other? Buy surplus urban sites, return to natural 3 7% 3 2% Other? "c" plus costal areas 1 2% 1 1% h Other? Start with "a", proceed to"d"as funds available. 1 2% 1 1% i Other? Increase handicapped accessibility . 1 2% 1 1% Other? Analyze site and ecological system. 5 9% 2 5% 7 4% k Other? Coastal lands 1 2% 1 1% I Other? Link preserves 2 4% 2 1% m Other? OHV areas 1 2% 1 1% n Other? Urban open space 2 4% 2 1% o Other? Trade District land for more desirable land 5 13% 5 3% Other? Unique 1st-then fill gaps 1 3% 1 1% (q) Other? Land that blocks development 36 43 55 38 172 sum work.xis Page 2 5. ACQUISITION PRIORITIES: Assuming funds are limited and choices must be made,which types of land (or specific locations) are most important to protect? (ask group to add to the list,then each person to vote for three) 5/21/97 6/4/97 6/18/97 7/16197 Workshop Workshop Workshop Workshop Cumulative 181 19% 22 16% 28 18% 24 20% 92 18% a Land for regional trail connections 81 8% 9 7% 14 9% 6 5% 37 7% b Trail connections to urban areas 21 2% 3 2% 8 5% 1 1% 14 3% c Agricultural land 15 16% 29 22% 32 2% 27 22% 103 20% d Land with high wildlife habitat value 9 9% 9 7% 11 7% 81 6% 37 7% a Remote, relatively inexpensive parcels 3 3% 6 5% 31 2% 31 2% 15 3% Relatively ex ensiveparcels in or near urban area 11 11% 8 6% 14 9% 10 8% 43 8% Wetlands and salt ponds along the Bay 10 10% 23 17% 22 14% 15 12% 70 14% h Forested lands in the Santa Cruz Mountains 131 14% 11 8% 15 9% 11 9% 50 10% M Woodland/Grassland/Chaparral in the foothills 3 3% 3 1% Other? Opportunity urchases 1 1% 1 0% k Other?Sites with access to public transportation 3 3% 61 5% 10 6% 12 10% 31 6% Other? Ccastal landstconnec Lions 2 2% 2 0% m Other? Scenic backdrop 2 2% 2 0% in)- Other? Diverse/unique wildlife habitats. 2 2% 2 0% o Other? Wildlife corridors 1 6% 1 0% Other? OHV trails 5 5%1 5 1% (q) Othei? Based on use value 96 132 158 122 508 sum work.xis Page 3 i 6. FACILITIES: The District's policy is to provide for"low-intensity" recreation. What type of low intensity recreational improvements are most important? (ask group to add to the list,then each person to vote for only three) 5/21/97 6/4/97 6/18/97 7/16/97 Workshop Wo shop Workshop Workshop Cumulative 41 4% 11 9% 10 7% 10 9% 35 7% a No facilities should be developed 22 21% 22 18% 33 22% 19 17% 96 20% b Parking areas 19 18% 24 20% 24 16% 21 19% 88 18% c Restrooms 14 13% 11 9% 10 7% 13 12% 48 10% d Drinking water 2 2% 2 2% 5 3% 4 4% 13 3% a Hiker's but 7 7% 10 8% 19 13% 7 6% 43 9% Backpack camps 01 0% 1 1% 4 3% 2 2% 7 1% Visitor's information centers 14 13% 18 15% 18 12% 17 16% 67 14% h Information kiosks unstaffed 1 1% 3 2% 8 5% 3 3% 15 3% i Nature centers 1 1% 2 2% $ 5% 2 2% 13 3% Restore historic buildings 3 3% 4 3% 5 3% 0 0% 12 2% k Picnic tables 4 4% 0 0% 0 0% 0 0% 4 1% I Large group picnic areas 3 3% 3 1% m Other? Handicap access 4 4% 4 1% n Other? Benches&seats 4 4% 4 1% o Other? Single track trails 3 3% 4 3% 71 1% Other? Trails 1 1% 1 0% Other? Paved bike trails 3 2% 1 1% 4 1% Other? Look out areas 2 2% 2 0% s Other? Bike racks 6 5% 6 1% t Other? Trail directional signs 3 2% 3 1% u Other? Equestrian camps 1 1% 1 0% v Other? Group activity area 1 1% 1 0% w Other? Off road vehicle trails 3 3% 3 1% x Other? Stocked up-to-date map dispensers 7 6% 7 1% Other? Maps with emergency number&phone locations 11 1% 1 0% (z) Other? Solar phones 106 123 150 109 488 sum_work.xis Page 4 .......... 7. TRAILS: What type of trail improvements are most important? (ask group to add to the list, then each person to vote for three) 5/21/97 6/4/97 6/18/97 7/16197 Workshop Workshop Workshop Workshop Cumulative 19 18% 24 18% 24 16% 141 14% 81 16% a Hiking-only trails 9 8% 13 10% 25 17% 181 15% 65 13% b Multi-use trails 28 26% 30 23% 29 19% 241 20% 111 22% c Regional trail connections 12 12% 25 19% 9 6% 6 5% 52 10% d Short to medium trail loops 3 3% 1 1% 0 0% 1 1% 5 1% e Running trails 2 2% 3 2% 12 8% 21 17% 38 8% Single track bike trails 4 4% 3 2% 10 7% 1 1% 18 4% Equestrian trails 11 10% 4 3% 6 4% 3 2% 24 5% h Handicapped access trails 4 4% 4 1% i D -accessible trails 10 8% 11 7% 10 8% 31 6% Dog ok on leash trails 6 5% 41 3% 6 5% 16 3% k Off-leash dog trails 111 10% 9 7% 7 5% 4 3% 31 6% I Self-guided nature trails 31 3% 1 1% 0 0% 4 1% m Other? No bikes(hiking, running, equestrian only) 1 1% 1 0% n Other? Longer loop trails 1 1% 1 0% o Other? Technical, improved trails for multi-use 2 1% 2 0% Other? One way bike loops 11 1% 1 0% Other? OHV trails 11 1% 1 0% r Other? Bike connection trailstloops 1 1% 1 0% s Other? Multi-use single track trails 1 1% 1 0% t Other? Long trail loops 1 1% 1 0% u Other? Trail use continuity 3 2% 3 1% v Other? Technical trails/mufti-use 5 4% 5 1% w Other? Clearer marked (signed)trails 8 7% 8 2% (x) Other? Unimproved trails/unmaintained tech trails 106 130 148 121 505 sum_work.xls Page 5 8. MANAGEMENT: How should access to Open Space be managed? (ask group to add to the list,then each person to vote for three) 5/21/97 6/4197 6/18/97 7/16/97 Workshop Workshop Workshop Workshop Cumulative 18 17% 31 24% 38 25% 31 26% 118 23% (a) Try to keep all uses dispersed through the preserves-make use decisions on a case-by-case basis 11 10% 11 9% 6 4% 8 7% 36 7% b Have defined areas for different types or levels of use, based on resources 11 10% 8 5% 13 8% 13 11% 45 9% c Have separate trails systems for bikes and hikersthorses 20 18% 20 16% 27 17% 20 17% 87 17% d Have"wildemess areas"with no trails or facilities 14 13% 26 20% 12 8% 9 8% 61 12% a Have hiking-only reserves 29 27% 32 25% 32 21% 19 16% 112 22% (f) Prohibit public access in sensitive habitat areas such as wetlands and 0% breeding areas 2 2% 2 0% Other? Unrestricted access 2 2% 2 0% h Other? Off-leash dog access everywhere 2 2% 21 0% 1 Other? Bike access everywhere 1 1% 1 0% ®) Other? Rotate use in different areas of the preserves by time slots ie:Yearly rotation of use). 1 1% 1 0% k Other? Open preserves 6 4% 6 1% I Other? Night use 3 2% 3 1% m Other? All have access to all trails 2 1% 2 0% n Other? Question F-With docent-led access 3 2% 3 1% o Other? OHV areas 4 3% 4 1% Other? Det. use based on impact 5 3% 5 1% Other? Preserve by preserve, stressing fleAbilit 3 3% 3 1% r Other? Open up remote, non-sensitive areas 4 3% 4 1% s Other? Have docent-led only access in sensitive areas 4 3% 4 1% t Other? Night time access 3 3% 3 1% u Other? Between questions A& B &C«a balanced approach 5 4% 5 1% (v) Other? Question F—seasonal access allowed 109 129 152 119 509 sum work.xls Page 6 Regional Open ,,ace R-97-120 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-21 August 13, 1997 AGENDA ITEM 4 AGENDA ITEM Award of Contract for Landslide Repair Projects at Monte Bello and St. Joseph's Hill Open Space Preserves GENERAL MANAGER'S RECOMMENDATIONS „ ` 1. Authorize the General Manager to enter into a contract for performance of the work with the lowest responsible bidders for the landslide repair projects on Stevens Canyon Trail in Monte Bello Open Space Preserve and Jones Trail in St. Joseph's Hill Open Space Preserve. (Due to the accelerated schedule for this project, this report was prepared prior to the bid opening on Tuesday, August 12. Staff will report on bid results and final staff recommendation at your August 13 meeting). 2. Authorize the General Manager to increase the contract amount for Terratech, Geotechnical Engineers from $43,000 to $84,000 to cover all projected services through completion of construction on five landslide repair projects. 3. Review the overall status of the five FEMA-funded landslide repair projects, as summarized in this report, including Skyline Ridge, Long Ridge, and Purisima Creek Redwoods Open Space Preserves. DISCUSSION At your March 26, 1997 meeting you authorized the General Manager to contract with Terratech, Inc., Geotechnical Engineers, of San Jose in the amount of$43,000 to prepare plans and specifications and obtain permits for the five landslide repair projects for which the District has received partial funding from the Federal Emergency Management Agency (FEMA). At that time you also determined that these projects are categorically exempt from the California Environmental Quality Act(CEQA) (see report R-97-45). Staff indicated at that time that the budgets for consulting and construction for these projects in the 1997/98 CIP budget were based on estimates prepared by FEMA. Staff stated that these costs might be significantly exceeded, but that the actual costs could only be determined through the design, permitting, and bidding process. At your May 28, 1997 meeting, you authorized staff to solicit bids for the five landslide repair projects (see report R-97-82). At your July 23 meeting, you authorized the award of a construction contract for the first of these projects, repair of landslide damage to the driveway Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200 • 1972-1997 • FAX:415-691-0485 • E-mail: 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-97-120 Page 2 leading from Alpine Road to the former Bach property at Skyline Ridge Open Space Preserve, to George Bianchi Construction in the amount of$63,913 (see report R-97-107). At that meeting staff noted that the costs for the landslide repair projects were significantly exceeding the FEMA estimates, which were the basis of CIP budgeting, and proposed to return with the summary provided in this report. The next two landslide repair projects to be readied for bidding were the Jones Trail Repair Project at St. Joseph's Hill Open Space Preserve and the repair of the Steven Canyon Trail in Monte Bello Open Space Preserve. The Monte Bello project is located near the end of the County-maintained road in the southern end of the preserve(see attached map). A massive landslide has repeatedly destroyed the trail in this location. The geotechnical engineers, Terratech, do not believe it is possible to stabilize the landslide. They have prepared a design which creates as stable a trail as possible on the unstable landslide area, while improving the drainage to reduce the tendency for the slide to recur, and stockpiling rock materials on site to facilitate interim repairs. Santa Clara County has granted an exemption from grading permit requirements for this project. Based on the relatively high unit prices received in bids on the Bach Driveway Repair Project, The engineer's estimate of the cost of the Monte Bello Trail Restoration Project is $28,000. The Jones Trail Repair Project at St. Joseph's Hill Open Space Preserve is located on the relatively new portion of trail that occupies land recently purchased from the adjacent Los Gatos Novitiate (see attached map). A large landslide originated on the Novitiate's property and swept down the hill onto the Jones Trail, destroying the boundary fence in the process. Although the Jones Trail itself is still passable, it occupies the same zone as the slide above and exhibits early signs of sliding in the same segment. Terratech's design approach to prevent the trail from being lost is to install retaining walls and a benched slope below two steep segments of the trail. A four-foot high fence will be installed along the top of the wall due to the vertical drop-off. A permit from the Town of Los Gatos will be issued for this project. The engineer's estimate for the cost of this project is $44,500. A notice requesting bids for the Monte Bello and Jones Road projects was published in the San Jose Mercury News on July 27, 1997. Bidder's conferences were held on site on August 1, and the public bid opening will be held on August 12. Staff proposes to return at your August 27 meeting with a recommendation to award contracts on the remaining two landslide repair projects; Purisima Road in Purisima Creek Redwoods Open Space Preserve and School Road in Long Ridge Open Space Preserve. The Purisima Road project involves regrading, drainage improvements, and new retaining walls to repair a major trail and patrol road. The existing road is being undermined by a slope failure, including failure of a crude log retaining wall constructed as part of an old logging operation(see attached map). R-97-120 Page 3 The School Road project involves failure of the outboard edge of a patrol road that provides the only access to the former Landre House, a District rental (see attached map). In the future School Road may be an important regional trail and patrol connection to Portola State Park. The proposed repair involves shaving back the embankment on the uphill side and installing drainage improvements. The engineer's estimate of the construction cost for this project is $25,000. A notice requesting bids for the Purisima and School Road projects will be published in the San Jose Mercury News on August 10, 1997. Bidder's conferences will be held on site on August 15, and the public bid opening will be held on August 26. The attached chart was prepared by staff to show the costs to date and projected costs to complete the five landslide repair projects, based on the available information at the time of preparation of this report. At your August 13 meeting staff will provide an update of this chart based on bid results for the Monte Bello and Jones Road projects. Overall, the projects are expected to cost approximately $315,000, including $84,000 for consultant costs through construction. The consultant's contract calls for "turn key" services on these projects, including obtaining permits, research, preparation of parts of the contract documents, and coordination that would normally be handled by District staff. This arrangement is due to the need to accomplish these five complex projects on an extremely short timetable and considering that the Planning program has two unfilled positions. In addition to an update at your August 27 meeting, staff intends to return to the Administration, Budget, and Finance Committee at mid-year for an overall evaluation of expenditures and updated estimates compared to budgets, and the possible need to adjust the current CIP budget in response to these and other projects undertaken in this heavy capital improvement year. Prepared by: Randy Anderson, Senior Planner Contact person: Same as Above SUMMARY OF CURRENT AND PROJECTED EXPENSES FEMA LANDSLIDE REPAIR PROJECTS 8/6/97 Consultant Cost Total Permit/Ad Add'I to Contract Engineer's Estimated CIP Project Costs to Date To Date Complete Low Bid Estimate Cost Budget FEMA Aw.. Bach Driveway $5,492.93 $14,499.49 $3,939.00 $63,913.00 $42,000.00 $87,844.42 $26,250.00 $9,962.00 Jones Trail $3,716.25 $9,607.31 $2,231.65 $44,500.00 $60,055.21 $30,023.00 $3,323.00 Monte Bello Trail $0 $14,257.06 $4,233.50 $28,000.00 $46,490.56 $17,205.00 $17,205.00 School Road $3,041.72 $6,542.46 $6,268.75 $25,000.00 $40,852.93 $12,590.00 $12,590.00 Purisima Road $4,295.22 $13,184.90 $4,855.00 $41,500.00 $63,835.12 $18,342.00 $18,342.00 TOTAL: $16,546.12 1 $58,091.22 $21,527.90 $63,913.00T$181,000.00 $299,078.24 $104,410.00 $61,422.00 Consultant Cost Totals: $79,619.12 + 5% Contingency: $14,953.91 + 5% Contingency: $3,980.96 Grand Total: $314,032.15 Grand Total: $83,600.08 Includes consultant costs and contingL Includes $26,700 Caltrans funding landslid.xls Page 1 x-x-xti�x I............ Legend 3. o. Gate #s 12%1� Ranger Facility ..... .. ....... Q Trail Distance in Miles X Residence X QN . Vehicle Driveway ............10 :xx -----Creek 'Poll Whole Access Trail 2 ............... ............ ....... Bay Area Ridge Trail Point of Interest 'St.Tirail Be kpack Campground Parking Lot C(By P—A ordy) P V N, .......... PublicTalephone Roadside Parking ..X f12 • Equestrran Parking Nature Center 4 ip "A x Aft�b m 13cydis&Equesinare 'NJ 2 • U. 'X. v%� ..... k 11 o-ddin'.by •cfdhng the Distriel Cmisce .........xx Handicapped Parking Only Other Public Lands .01 No Public Entry ii��i N'M TEN Restrooms Privio—Lemedt-wds Zo. ...... BE 1�1_9 -PRESERVE .0 Trail Use Z , 'o........ Hiking Only Hiking.Bicyclingey _j X. a Hiking,Equestrian Hiking.Bicycling.Eque trian K%;IN :RIDGE ------ XXM. Note: . . ......... > Dogs are not allowed on these preserves 1" ............ V V 00 1 2 3 4 5 6 7 8 9 1 ::IN • �M:*::::;:'::��: xi: F One Mile J: t/ X N ff P%X:. LOCATIO V:C.s MONTE BELLO ....... ...Open Space Preserve .... .... .. x�x ............ PROJECT LOCATION MAP 10pp.0 .. ..... ... A % .::: `,:x N,xX1Zg P3 .0 inr EM.ER uesan X. VIDPENINSULA REGIONAL OPEN SPACE DISTRICT (9/14/96) 3/05197 ST. 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Legend N Gate ifs Fire Station • X. ... ...... Trail Distance in Miles Drinking Water . X,....... 7yx ----- Driveway-Authorized . ..... ..... ----- Vehicles only Point of Interest K. .... ..... .... ........ CreakC.. :X.. 7N 1-19 3 W PublicTelephone C .......... .......... Bay Area Ridge Trail N -X 1-777771 K. - xx Parking Lot Other Public Lands xx( .e No Public Entry Roadside Parking ...... OPENSPA —.—,PRESERV1E'---;, X':...... . ........... Trail Use ........ Hiking Only Hiking.Bicycling.EquestrianLOCATION V1- 7 X -q % Note: Dogs are not allowed Hiking Equestrian f bARATO'a AP on these preserves % -_`PRESERVE OPEN E Nj SP E E ME L ............11 61 1 on'll Mile • :X x-, . ..................... ................... 10 ............... �.2 LONG RIDGE and X.. -,X.. SARATOGA GAP ......... a. .. ...... .......... Open Space Preserves k. ............. ....... ......... :-X-: X J, x -X PROJECT LOCATION MAP ...rAl .............. tkw:' OFF ...... .... xxx X rrx. : xx�.Z.:. .................. ... X. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT X: x (9114/96) 3/05/97 T.Hqr-y 92 V.-M Legend ............ Gate(*s) ........ .ram...:.,.......... .. .. Fire Station .... ........ O-X-X� .... Trail Distance in Miles Residence Whole Access 7, Vehicle Driveway (R�d.,—d CT-I) 12 X ........... Crook Public Telephone 5 W.\j ...... X. ...xx Bay Area Ridge Trail Point of Interest *x :..nIe9er: Other Public Lands Parking Lot Y. No Public Entry Restrooms Y Use Trail -� 3i A d 41i x. x ty ........ Hiking Only Hiking.Bicycling.Equestrian —J, X.: Note: -4 Z. Hiking. N-f Equestrian Dogs are not allowed on these preserves 1. PU 25 7 9 2 3 4 5 6 C .................. ... .... W ......................................... —---------- ...........I Bald K PURIS IMAt;f i�jf."U, '-4nc ......... 13.-7 3UL-A OPEN-SP�k&,,T -:f I�UST ........... Pill .... ...... ........... S ...... jManaged by,MROSD) CREEK .................. -0. j* MN, _j ....... REDWOODS MIN ....... ....... Open Space Preserve PROJECT LOCATION MAP _j V �X 1YA ................................. X %*;-,XXK.. ........7��...... ...... X MIDPENINSULA REGIONAL OPEN SPACE DISTRICT (10/2/96) 3/05/97 To fth—84 Regional Open ace 1 R-97-122 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-21 August 13, 1997 AGENDA ITEM 4A AGENDA ITEM Award of Contract for Landslide Repair Projects at Mo to Be to and St. Joseph's Hill Open Space Preserves GENERAL MANAGER'S RECOMMENDAM 1. Authorize the General Manager to enter into a contract for the Jones Trail Repair Project at St. Joseph's Hill Open Space Preserve with George Bianchi Construction as the lowest responsive bidder, in the amount of $44,491. 2. Reject all bids on the Monte Bello Trail Restoration Project at Monte Bello Open Space Preserve and authorize re-bidding of the project. DISCUSSION Due to the expedited schedule for these projects, bids were opened on Tuesday, August 12, subsequent to the preparation of the staff report for your August 13 meeting. Bid results for the Jones Trail Project are as follows: George Bianchi Construction $44,491 Redwood General Contractors $48,379 TKO Construction $53,184 Granite Construction Co. $81,371 Bianchi's bid has been found to be in order and is just below the engineer's estimate of $44,500. Staff recommends that the contract be awarded to Bianchi. Only one bid was received on the Monte Bello Trail Project, from TKO Construction for $45,465. The engineer's estimate on this project was $28,000. Due to the fact that the sole bid recieved is nearly twice the engineer's estimate, staff recommends that the Board reject all bids on the Monte Bello project and authorize the re-bidding. The new bid opening is proposed to be on August 26, with award of contract at the Board meeting of August 27. This is the same schedule as the School Road and Purisima Road projects which are currently out to bid. Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200 • 1972.1997 • FAX:415-691-0485 • E-mail: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-97-122 Page 2 The District has recently received approval from FEMA of extension of the deadline for completion of the projects to March, 1998. This information will be passed along to prospective bidders and may encourage more bidder interest on the Monte Bello project and the other projects. Prepared by: Randy Anderson, Senior Planner Contact person: Same as Above Regional R-97-112 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-21 August 13, 1997 AGENDA ITEM 5 _ AGENDA ITEM Approval of Meritorious Pay Award for the District Controller AD HOC COMMITTEE ON CONTROLLER EVALUATION RECOMMENDATION Approve a $3,000 meritorious pay award for the District's Controller, Michael Foster, for fiscal year 1996-1997. DISCUSSION On August 23, 1995, the Board approved a District Controller Employment Agreement which provided for an annual review of the performance of the Controller (see report R-95-105). Based upon that review, a meritorious pay award may be granted in an amount up to $3,000 per year over and above the Controller's salary in recognition of exceptional and extraordinary performance during the previous year of service. On June 25, 1997, the Board conducted the annual performance evaluation for District Controller Michael Foster. The Committee recommends that the Board approve a $3,000 meritorious performance pay award for M. Foster based upon the performance review and major projects successfully completed last fiscal year. These included the formation of the Midpeninsula Regional Open Space District Financing Authority, budget analysis, oversight of the District's financial well-being, maximizing investments to fund acquisitions, and other financial projects. Submitted by: Ad Hoc Committee on Controller Evaluation (Directors Davey, Siemens, and Hanko) Contact person: Director Mary Davey Celebrate 25 Years of Open Space Preservation 330 Distel Circle Los Altos, CA 94022-1404 - Phone:415-691-1200 - 1972-1997 - FAX:415-691-0485 * E-mail: mrosd@opeiispace.org - Web site:www.openspace.org Board of Oirectors.Pete Siemens,Mary C_Davey,led Cyr, David T.Smernoff, Nonette Hanko,Betsy Crowder,Kenneth C.Nitz - General Manager l.Craig Britton RESOLUTION NO. A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING A MERITORIOUS PAY AWARD FOR THE DISTRICT CONTROLLER WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District entered into an Agreement, dated August 23, 1995, with Michael Foster employing Foster as the District's Controller; and WHEREAS, the Agreement provides for an annual review of the District Controller'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 Foster's performance, desired to grant him a meritorious pay award of$3,000 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 does grant the District Controller by adoption of this resolution a meritorious pay award in the amount of $3,000. Regional Open ;ace 1 1 R-97-115 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-21 August 13, 1997 AGENDA ITEM 6 AGENDA ITEM Authorization for the General Manager to Approve Various District Actions on an Administrative Basis: Approval or Denial of Claims not to Exceed $2,500; Extension of Expiration Date and Minor Amendments to Permits to Enter; and Confirm Authority to Enter into Contracts Pursuant to Public Resources Code Section 5549(b). GENERAL MANAGER'S AND LEGAL COUNSEL'S RECOMMENDATION/ Adopt the attached resolution authorizing the General Manager to administratively approve or deny the District actions listed therein. DISCUSSION The primary purpose of this proposal is to enable the General Manager to approve minor matters of District business without the necessity of agendizing these matters for Board approval. Staff believes this will allow the District's business to be conducted more efficiently and promptly. The various matters are: Claims On June 28, 1995 the Board authorized the General Manager to approve or deny certain claims against the District not exceeding $2,500. (See Board Report R-95-85.) This policy applied to personal injury and property damage claims. The policy requires the General Manager to report to the Board of Directors at its next regular meeting any action taken to approve or deny a claim under this policy. It is recommended that this authority be extended to any claim that does not exceed $2,500. This would authorize the General Manager to approve or deny other types of legal claims that do not exceed $2,500. This could include a dispute over a contract, a payment of back wages or other compensation in an employment-related dispute, or any of the wide variety of claims which the District may receive. The General Manager would also report back to the Board at its next regular meeting on any such actions. Permits to Enter On June 12, 1996 the Board authorized the General Manager to issue permits to enter District property to government agencies or third parties to perform emergency and/or minor work. (See Board Report R-96-97.) Celebrate 25 Years of Open Space Preservation 330 Distel Circle - Los Altos,CA 94022-1404 - Phone:415-691-1200 - 1972-1997 - FAX:415-691-0485 - E-mail: mrosd®openspace.org - web site:www.openspace,org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz - Genera!Manager:L.Craig Britton R-97-115 Page 2 Regular permits to enter are approved by the District Board and have specified expiration dates and conditions. Occasionally, the permittee cannot complete the work by the expiration date. If the General Manager were delegated the authority to extend the term of such a permit, the matter would not have to wait and be returned to the Board for review of a permit which has previously been considered and approved by the Board. Occasionally, a permittee requests other minor changes in a condition of a permit, such as the right to use an alternative access route, a change in permitted hours of operation or a minor change in the area of work. It is recommended that the Board authorize the General Manager to approve such minor amendments to permits previously issued by the Board. The amendments would have to meet the same criteria as the minor permits which the General Manager is already authorized to issue. The General Manager would report back to the Board at its next regular meeting whenever such a permit amendment is approved. Pubic Works, Professional Service and Other Contracts Public Resources Code Section 5549(b) (see below) authorizes the General Manager, with the approval of the Board, to contract for payment for services, supplies, material, labor, and construction in specified amounts. By motion, the Board has historically delegated this authority to the General Manager. The General Manager routinely exercises this authority. Any such funds must come from amounts previously budgeted by the Board for these purposes. General Manager-approved contracts may not exceed $10,000, except for new construction which may not exceed $25,000. Any new construction would have prior Board approval. It is recommended that the Board confirm this delegation of authority pursuant to the attached Resolution. In this way, the General Manager's delegated financial authority will be consolidated in one document. Prepared by: Susan M. Schectman, District Legal Counsel Contact person: Same as above PUBLIC RESOURCES CODE SECTION 5549(b) (b) With the approval of the board, the general manager may bind the district, without advertising and without written contract, (1) for the payment for supplies, materials, labor, or other valuable consideration for any purpose other than new construction of any building, structure, or improvement in amounts not exceeding ten thousand dollars ($10,000) and (2) for the payment for supplies, materials, or labor for new construction of any building, structure, or improvement in amounts not exceeding twenty-five thousand dollars ($25,000). All expenditures shall be reported to the board of directors at its next regular meeting. RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING THE GENERAL MANAGER TO APPROVE OR DENY CERTAIN CLAIMS AGAINST THE DISTRICT, TO APPROVE AMENDMENTS TO PERMITS TO ENTER DISTRICT PROPERTY AND TO CONTRACT FOR THE PAYMENT FOR SERVICES, SUPPLIES, MATERIALS, OR LABOR PURSUANT TO PUBLIC RESOURCES CODE SECTION 5549(b) WHEREAS, in the normal course of District business, there may be occasions when a person or entity will make a claim against the District for money; and WHEREAS, it is in the best interests of the District for the General Manager to have the authority to promptly compromise, settle, approve, or resolve disputes or claims which involve claims for money against the District not exceeding two thousand five hundred dollars ($2,500); and WHEREAS, in the normal course of District business, there are occasions when the Board issues a permit to a government agency or third party to enter District real property to perform certain physical work thereon; and WHEREAS, the Board of Directors determines that it is necessary and convenient for the purposes of the District that the General Manager be authorized to approve amendments of a minor nature to such permits to enter District property; and WHEREAS, Section 5538 of the Public Resources Code authorizes the Board of Directors to fix the duties of the General Manager; and WHEREAS, Section 5541 of the Public Resources Code authorizes the Board to do all things necessary and convenient in order to control, operate, and maintain its open space preserves; and WHEREAS, Section 5549(b) of the Public Resources Code authorizes the Board to delegate to the General Manager the authority to enter into contracts for services, supplies, materials, and labor not exceeding the amounts set forth therein; and WHEREAS, the Board of Directors determines that it is necessary and convenient for the efficient operation of the day-to-day activities of the District that the General Manager have the authority described in this Resolution. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: CLAIMS The Board of Directors of the Midpeninsula Regional Open Space District hereby expressly authorizes and delegates to the District's General Manager the authority to perform any acts required to consider, deny, allow, compromise, or settle claims of any kind or nature against Resolution No. the District that do not exceed two thousand five hundred dollars ($2,500). The General Manager shall report to the District's Board of Directors at its next regular meeting any action taken to consider, deny, allow, compromise, or settle claims against the District that do not exceed $2,500. AMENDMENTS TO PERMITS TO ENTER The Board of Directors of the IVIidpeninsula Regional Open Space District hereby expressly authorizes and delegates to the District's General Manager the authority to approve minor amendments to permits to enter District property to third parties that have been previously approved by the Board of Directors, provided the following criteria are met: 1. The amendment is minor and there is no significant change in the area, scope, or type of work to be undertaken by the Permittee. 2. The work shall be done in such a way as to minimize damage to District land, shall be conducted in full compliance with the Resource Management policies and Land Use Regulations of the District, impacts shall be fully mitigated and the land restored to its prior condition upon completion; and. 3. The form of the Amendment to the Permit to Enter is approved by District Legal Counsel. The General Manager shall report to the District's Board of Directors at its next regular meeting any permit amendment approved by the General Manager pursuant to this Resolution. PUBLIC WORKS, PROFESSIONAL SERVICES AND OTHER CONTRACTS The Board of Directors of the Midpeninsula Regional Open Space District hereby expressly authorizes and delegates to the District's General Manger the authority set out in Public Resources Code Section 5549(b): The General Manager may bind the District, without advertising and without written contract, (1) for the payment for supplies, materials, labor, or other valuable consideration for any purpose other than new construction of any building, structure, or improvement in amounts not exceeding ten thousand dollars ($10,000) and (2) for the payment for supplies, materials, not or labor for new construction of any building, structure, or improvement in amounts exceeding twenty-five thousand ($25,000). All expenditures shall be reported to the Board of Directors at its next regular meeting. Regional Open ace 1 1 R-97-121 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-21 August 13, 1997 AGENDA ITEM 7 AGENDA ITEM Authorization to Solicit Bids for the Seismic Upgrade and Improvements to Foothills Field Office Shop Building at Rancho San Antonio Open Space reserve GENERAL MANAGER'S RECOMMENDATION ' / Authorize staff to solicit bids for seismic upgrade and improveme is to Foothills Field Office shop building at Rancho San Antonio Open Space Preserve. DISCUSSION At your April 23, 1997 meeting you authorized an amendment to a contract with HMC Group to complete planning and architectural services for improvements to the Foothills Field Office shop building at Rancho San Antonio Open Space Preserve (see report R-97-64). These services are nearly complete and the project application has been submitted to Santa Clara County Planning and Development for building permits. The project originated in 1989 as a component of the Structures and Improvements Element of the Comprehensive Use and Management Plan for Rancho San Antonio Open Space Preserve. The plan called for expansion of the existing prefabricated metal building at the Foothills field office to provide space to accommodate a growing staff and need for increased shop workspace. Early investigations of the building revealed structural problems that made it infeasible to expand the office space within the building but desirable to use it as shop workspace. Following the construction of the adjacent new office building in 1994, staff proceeded with developing structural and architectural plans for the shop building. The project consists of a seismic upgrade and improvements for the purpose of strengthening the structure, making the workspace more functional, and blending the building's exterior with the adjacent office. A copy of the plans and specifications will be available for review at your August 13, 1997 meeting. The highlights of the project include; a) replacement of siding and addition of plywood, b) replacement of metal roof, c) addition of insulation in exterior walls and ceiling, d) replacement of cross-bracing in tool room, e) addition of metal tie rods and bolts to foundation, e) installation of roll-up door and concrete pad opposite fuel tank, f) minor reconfiguration of hallway and locker room, and g) concrete walkway along edge of building. T ',I"e'" 11,__I�e'_,t'� {wow 4 y1IAU-oh,U WtU Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200 • 1972-1997 • FAX:415-691-0485 • E-mail:mrosd@openspace.org • Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr, David T.Smernoff,Nonette Hanko,Betsy Crowder,Kenneth C. Nitz • Genera!Manager:L.Craig Britton R-97-121 Page 2 Based on completed plans and specifications, a final cost estimate for the construction phase of the project is $150,000. An analysis of expenditures is provided below and indicates the total estimated expenditures for the project in 1997-1998 is $162,000 and the current budget allocation is $120,000 (including actual expenses already incurred,the total project cost is estimated at $170,577). There will be an estimated overexpenditure of$42,000 and funds will be available from other capital improvement projects which are anticipated to be underspent. All of this year's budget adjustments will be presented to you at a mid-year budget review in October. Service Actual Expenses Estimated Expenses Total Estimated Cost 1994-1996 1997-1998 Planning & Permits $8,577 $12,000 $20,577 Construction $150,000 $150,000 Total Cost $8,577 $162,000 1 $170,5Z7Jl CEQA COMPLIANCE CEQA has been addressed in an April 23, 1997 report authorizing an amendment to the contract with HMC Group for consulting services (see report R-97-64). It was determined the action described in this report does not constitute a project under CEQA. Prepared by: Del Woods, Senior Management Specialist Contact Person: Del Woods, Senior Management Specialist Regional Open , _ ace R-97-113 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-20 August 13, 1997 AGENDA ITEM 8 AGENDA ITEM Resolution Adopting IRS Section 125 Cafeteria Plan, Including Dependent Care Assistance and Medical Expense Reimbursement Plans, and Authorization to Enter into Agreement for Services with United Administrative Services GENERAL MANAGER'S RECOMMENDATIONS 1. Adopt the attached resolution establishing an IRS Section 125 Cafeteria Plan, including Dependent Care Assistance and Medical Expense Reimbursement Plan. 2. Approve and establish the attached Dependent Care Assistance and Medical Expense Reimbursement Plan and authorize the General Manager to execute any necessary documents to implement the plans. 3. Authorize the General Manager to enter into an Agreement for Services with United Administrative Services to administer the Dependent Care Assistance and Medical Expense Reimbursement Plan. 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), both of which included the addition of a Section 125 cafeteria plan with dependent care assistance and medical expense reimbursement plans. The dependent care assistance plan will enable employees to use pre-tax dollars to pay for up to $5,000 per year of dependent care expenses, if married and filing jointly or a single head of household, or up to $2,500 per year if married and filing separately. The medical expense reimbursement plan will enable employees to use pre-tax dollars to pay for up to $2,500 per year of medical expenses which are not reimbursed under a health care plan. The effective date of the dependent care assistance and medical expense reimbursement plans is September 1, 1997. Staff requested proposals for the administration of the dependent care assistance and medical expense reimbursement plans from two benefit administration companies: United Administrative Services (UAS), and Retirement Administration Incorporated (RAI). UAS was the lowest bidder. Also, UAS currently provides administrative services for Santa Clara County's life insurance and Preferred 100 medical plans, which the District participates in as a subgroup of to Clara County. The District has been very pleased with the adminis Xp, v*ces provided by UAS for these plans. Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos,CA 94022-1404 • Phone:415-691-1200 • 1972-1997 • FAX:415-691-0485 • E-mail: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-97-113 Page 2 The administrative cost of the Section 125 plan is a one-time $300 implementation fee, and P P an ongoing cost of$3.50 per plan participant per pay period. Excluding the one-time implementation fee, the total annual cost of the plan is estimated to be $1,500 to $2,000 (based on an estimated 15 to 20 participants). Prepared by: Deirdre Dolan, Acting Administrative Services Manager Contact person: Same as above RESOLUTION NO. RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ADOPTING AN INTERNAL REVENUE CODE SECTION 125 CAFETERIA PLAN AND ESTABLISHING DEPENDENT CARE ASSISTANCE AND MEDICAL REIMBURSEMENT PLANS WHEREAS, the District entered into a Memorandum of Agreement with Local 715, SEIU effective April 1, 1997, which called for the establishment of an Internal Revenue Code Section 125 Cafeteria Plan, including Dependent Care Assistance and Medical Expense Reimbursement Plans; and WHEREAS, the District authorized salary and benefit changes for office, supervisory, and management staff effective April 1, 1997, which also called for the establishment of an Internal Revenue Code Section 125 Cafeteria Plan, including Dependent Care Assistance and Medical Expense Reimbursement Plans; NOW THEREFORE BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does hereby adopt an IRS Code Section 125 Cafeteria Plan and the establishment of Dependent Care Assistance and Medical Expense Reimbursement Plans under Internal Revenue Code Sections 129 and 105 effective September 1, 1997. BE IT FURTHER RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District does approve and adopt the Dependent Care Assistance and Medical Reimbursement Plans and authorize the General Manager to execute any necessary documents to implement the plans. SUMMARY PLAN DESCRIPTION MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Dependent Care Assistance and Medical Expense Reimbursement Plan The Employer has adopted this Plan effective Sept. 1, 1997 to recognize the contribution made to the Employer by its Employees. Its purpose is to reward them by providing benefits for those Employees who shall qualify hereunder and their dependents and beneficiaries. The concept of this plan is to allow Employees to choose a benefit based on their own particular goals, desires and needs. ARTICLE I DEFINITIONS 1.1 "Administrator" means the individual or individuals appointed by the Employer to carry out the administration of the Plan. In the event the Administrator has not been appointed, or resigns from a prior appointment,the Employer shall be deemed to be the Administrator. 1.2 "Benefit" means the optional benefit choice available to a Participant as outlined in Section 4.1. 1.3 "Flexible Spending Account Plan Benefit Dollars" means the amount available to Participants, pursuant to Article III, to purchase Benefits. Each dollar contributed to this Plan shall be converted into one Cafeteria Plan Benefit Dollar. 1.4 "Code" means the Internal Revenue Code of 1986, as amended or replaced from time to time. 1.5 "Compensation" means the total cash remuneration received by the Participant from the Employer during a Plan Year prior to any reductions pursuant to a Salary Redirection Agreement authorized hereunder. 1.6 "Dependent" means any individual who qualifies as a dependent under Code Section 152. 1.7 "Effective Date" means September 1, 1997. 1.8 "Election Period" means the thirty-day period immediately preceding each Plan Year for the election of Salary Redirections. However, an Employee's initial Election Period shall be determined pursuant to Section 5.1. 1.9 "Eligible Employee" means any Employee who has satisfied the provisions of Section 2.L 1.10 "Employer means MIDPENINSULA REGIONAL OPENSPACE DISTRICT and any successor which shall maintain this Plan. 1.11 "ERISA" means the Employee Retirement Income Security Act of 1974, as amended from time to time. 1.12 "Participant" means any Eligible Employee who elects to become a Participant pursuant to Section 2.3 and has not for any reason become ineligible to participate further in the Plan. 1.13 "Plan" means MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Dependent Care Assistance and Medical Reimbursement Plan. 1.14 "Plan Year" means the 12-month period beginning January 1 and ending December 31 (For 1997, Plan Year means the period beginning September I and ending December 31.) The Plan Year shall be the coverage period for the Benefits provided for under this Plan. In the event a Participant commences participation during a Plan Year, then the initial coverage period shall be that portion of the Plan Year commencing on such Participant's date of entry and ending on the last day of such Plan Year. 1.15 "Salary Redirection" means the contributions made by the Employer on behalf of Participants pursuant to Section 3.1. These contributions shall be converted to Flexible Spending Account Plan Benefit Dollars and allocated to the accounts of each Participant, for the purpose of providing benefits under this plan. 1.16 "Spouse" means the legally married husband or wife of a Participant, unless legally separated by court decree. ARTICLE II PARTICIPATION 2.1 ELIGIBILITY Any employee who is eligible to participate in other Employer Benefits, shall be eligible to participate hereunder as of 30 days after his/her initial date of employment with the Employer. Rehired former Participants shall be treated as new Employees for the purposes of Plan eligibility. 2.2 EFFECTIVE DATE OF PARTICIPATION An Eligible Employee shall become a Participant effective as of the first day of the month following the date on which he/she met the eligibility requirements of Section 2.1. 2.3 APPLICATION TO PARTICIPATE An Employee who is eligible to participate in this Plan shall, during the applicable Election Period, complete an application to participate and election of benefits form which the Administrator shall furnish to the Employee. The election made on such form shall be irrevocable until the end of the applicable Plan Year unless the Participant is entitled to change his Benefit elections pursuant to Section 5.3 hereof. An Eligible Employee shall also be required to execute a Salary Redirection Agreement during the Election Period for the Plan Year during which he/she wishes to participate in this Plan. Any such Salary Redirection Agreement shall be effective for the first pay period beginning on or after the Employee's effective date of participation pursuant to Section 2.2, 2.4 TERMINATION OF PARTICIPATION A Participant shall no longer participate in this Plan upon the occurrence of any of the following events: (a) His/Her termination of employment, subject to the provisions of Section 2.6; ( b ) His/Her death, subject to the provisions of Section 2.7; or (c) The termination of this Plan, subject to the provisions of Section 10.2. (d) Official leave of absence without pay. 2.5 CHANGE OF EMPLOYMENT STATUS If a Participant ceases to be an Eligible Employee because of a change in employment status or classification (other than through termination of employment), the Participant shall become a limited Participant in this Plan for the remainder of the Plan Year in which such change of employment status occurs. As a limited Participant, no further Salary Redirection may be made on behalf of the Participant, and, except as otherwise provided herein, all further Benefit elections shall cease. However, any balances in the limited Participant's Flexible Spending Account may be used during such Plan Year to reimburse the limited Participant for any allowable Employment-Related Dependent Care or Unreimbursed Medical Expenses incurred during the Plan Year. If the limited Participant later becomes an Eligible Employee, then the limited Participant may again become a full Participant in this Plan, provided he/she otherwise satisfies the participation requirements set forth in this Article I1 as if he were a new Employee and made an election in accordance with Section 5.1. 2.6 TERMINATION OF EMPLOYMENT If a Participant terminates employment with the Employer, his/her participation in the Plan shall cease. However, the submission of claims for the remainder of the Plan shall be pursuant to Section 6.13 for the Dependent Care Assistance Plan and pursuant to Section 7.8 for the Medical Reimbursement Plan. 2.7 DEA,T11� If a Participant dies, his/her participation in the Plan shall cease. However, such Participant's beneficiaries, or the representative of his/her estate, may submit claims for expenses or benefits for the portion of the Plan Year preceding his/her date of death. A Participant may designate a specific beneficiary for this purpose. If no such beneficiary is specified, the Administrator may designate the Participant's Spouse, one of his/her Dependents or a representative of his/her estate. ARTICLE CONTRIBUTIONS TO THE PLAN 3.1. SALARY REDIRECTION Each Participant may elect to have his/her salary reduced pursuant to a Salary Redirection Agreement. Such Salary Redirection Agreement must be made during the applicable Election Period. The amount of the Salary Redirection a Participant may elect for each Plan shall be pursuant to Section 6.9 and Section 7.4 for the Dependent Care Assistance Plan and the Medical Reimbursement Plan respectively. These contributions shall be converted to Flexible Spending Account Plan Benefit Dollars and allocated to the account of each Participant pursuant to elections made under Article V. Any Salary Redirection shall be determined prior to the beginning of a Plan Year (subject to initial elections pursuant to Section 5.1)and shall be irrevocable for such Plan Year. However, a Participant may revoke a Salary Redirection Agreement after the Plan Year has commenced and make a new election and/or Salary Redirection Agreement with respect to the remainder of the Plan Year, if both the revocation and the new election are on account of and consistent with a change in family status as determined under the rules and regulations of the Department of the Treasury(e.g., marriage, divorce,death of a spouse or dependent, birth or adoption of a child and termination of employment of a spouse). Salary Redirection amounts shall be contributed on a pro-rats basis for each pay period during the Plan Year. All individual Salary Redirection Agreements are deemed to be part of this Plan and incorporated by reference hereunder. 3.2 APPLICATION OF CONTRIBUTIONS As soon as reasonably practical after each payroll period, the Employer shall apply Salary Redirection to provide the Benefit elected by the affected Participants. Any contributions made or withheld for a Dependent Care Assistance or Medical Reimbursement Account shall be credited to such account. ARTICLE IV BENEFITS 4.1 BENEFIT OPTION Each Participant may elect coverage under the Dependent Care Assistance and/or the Medical Expense Reimbursement Plan option, in which case Article VI and Article VII shall apply respectively. 4.2 NONDISCRIMINATION REQUIREMENTS (a) It is the intent of this Flexible Spending Account Plan not to discriminate as to contributions or Benefits provided to Highly Compensated Participants as defined in Section 6.2 (e). (b) It is the intent of this Flexible Spending Account Plan not to provide qualified benefits as defined under Code Section 125 (f) to Highly Compensated Employees in amounts that exceed 25% of the aggregate of such Benefits provided for all Eligible Employees under the Plan. (c) If the Administrator deems it necessary to avoid discrimination or possible taxation to Highly Compensated Employees in violation of Code Section 125, it may, but shall not be required to, reject any election or reduce contributions or non-taxable benefits in order to assure compliance with this Section. Any act taken by the Administrator under this Section shall be carried out in a uniform and nondiscriminatory manner. Contributions which are not utilized to provide Benefits to any Participant by virtue of any administrative act under this paragraph shall be forfeited by the Participant without Benefit. ARTICLE v PARTICIPANT ELECTIONS 5.1 INITIAL ELECTIONS An Employee who meets the eligibility requirements of Section 2.1 on the first day of, or during, a Plan Year may elect to participate in this Plan for all or the remainder of such Plan Year, provided he/she elects to do so before his/her effective date of participation pursuant to Section 2.2. However, if such Employee does not complete an application to participate and a benefit election form and deliver it to the Administrator before such date, his/her Election Period shall extend 30 calendar days after such date, or for such further period as the Administrator shall determine and apply on a uniform and nondiscriminatory basis. However, any election pursuant to this Section 5.1 shall not be effective until the first pay period following the later of such Participant's effective date of participation pursuant to Section 2.2 or the date of the receipt of the election form by the Administrator, and shall be limited to the Benefit expenses incurred for the balance of the Plan Year for which the election is made. 5.2 SUBSEQUENT ANNUAL ELECTIONS During the Election Period prior to each subsequent Plan Year, each Participant shall be given the opportunity to elect, on an election of benefits form to be provided by the Administrator, which Benefit options he/she wishes to select and purchase with his/her Flexible Spending Account Plan Benefit Dollars. Any such election shall be effective for any Benefit expenses incurred during the Plan Year which follows the end of the Election Period. With regard to subsequent annual elections,the following options shall apply: (a) A Participant or Employee who failed to initially elect to participate may elect different or new Benefits under the Plan during the Election Period; (b) An Employee who elects not to participate for the Plan Year following the Election Period will have to wait until the next Election Period before again electing to participate in the Plan. Any Participant failing to complete an election of benefits form pursuant to Section 5.2 by the end of the applicable Election Period shall be deemed to have elected not to participate in the Plan for the upcoming Plan Year. No further Salary Redirections shall therefore be authorized for such subsequent Plan Year. 5.3 CHANGE OF ELECTION Any Participant may change a Benefit election after the Plan Year (to which such election relates) has commenced and make new elections with respect to the remainder of such Plan Year if the changes are necessitated by and are consistent with a change in family status which is acceptable under rules and regulations adopted by the Department of the Treasury (e.g., marriage, divorce, death of Spouse or dependent, birth or adoption of child, official leave of absence without pay, and termination of employment of a Spouse). The change must be made within thirty days of a change in family status. ARTICLE VI DEPENDENT CARE ASSISTANCE PROGRAM 6.1 ESTABLISHMENT OF PROGRAM This Dependent Care Assistance Program is intended to qualify as a program under Code Section 129 and shall be interpreted in a manner consistent with such Code Section. Participants who elect to participate in this program may submit claims for the reimbursement of Employment- Related Dependent Care Expenses. All amounts reimbursed under this Dependent Care Assistance Program shall be paid from amounts allocated to the Participant's Dependent Care Assistance Account. 6.2 DEFINITIONS For the purposes of this Article and the Flexible Spending Account Plan the terms below shall have the following meaning: (a) "Dependent Care Assistance Account" means the account established for a Participant pursuant to this Article to which part of his/her Flexible Spending Account Plan Benefit Dollars may be allocated and from which Employment Related Dependent Care Expenses of the Participant may be reimbursed. (b) "Dependent Care Assistance Program" means the program of benefits contained in this Article, which provides for the reimbursement of eligible expenses for the care of the Qualifying Dependents of Participants. (c) "Earned Income" means earned income as defined under Code Section 32 (c) (2), but excluding such amounts paid or incurred by the Employer for dependent care assistance to the Participants. (d) "Employment-Related Dependent Care Expenses" means the amounts paid for expenses of a Participant for those services which if paid by the Participant would be considered employment related expenses under Code Section 21 (b)(2). Generally, they shall include expenses for household services or for the care of a Qualified Dependent, to the extent that such expenses are incurred to enable the Participant to be gainfully employed for any period for which there are one or more Qualifying Dependents with respect to such Participant; provided, however,that: (1) If such amounts are paid for expenses incurred outside the Participant's household, they shall constitute Employment-Related Dependent Care Expenses only if incurred for a Qualifying Dependent as defined in Section 6.2 (f)(1), or for a Qualifying Dependent as defined in Section 6.2 (f)(2)who regularly spends at least 8 hours per day in the Participant's household; (2) If the expense is incurred outside the Participant's home at a facility that provides care for a fee, payment, or grant for more than 6 individuals who do not regularly reside at the facility, the facility must comply with all applicable state and local laws and regulations, including licensing requirements, if any; and (3) Employment-Related Dependent Care Expenses of a Participant shall not include amounts paid or incurred to a child of such Participant who is under the age of 19 or to an individual who is a dependent of such Participant or such Participant's Spouse. (e) "Highly Compensated Participant" means, for the purpose of this Article and for determining discrimination under Code Section 129 (c), a Participant who is a highly compensated employee within the meaning of Code Section 414 (q). (f) "Qualifying Dependent" means, for Dependent Care Assistance Program purposes, ( 1 ) a Dependent of a Participant who is under the age of 13, with respect to whom the Participant is entitled to an exemption under Code Section 151 (c); and ( 2 ) a Dependent or the Spouse of a Participant who is physically or mentally incapable of caring for himself or herself. (g) The definitions of Article I are hereby incorporated by reference to the extent necessary to interpret and apply the provisions of this Dependent Care Assistance Program. 6.3 DEPENDENT CARE ASSISTANCE ACCOUNTS The Administrator shall establish a Dependent Care Assistance Account for each Participant who elects to apply Flexible Spending Account Plan Benefit Dollars to Dependent Care Assistance Program benefits. 6.4 INCREASE IN DEPENDENT CARE ASSISTANCE ACCOUNTS A Participant's Dependent Care Assistance Account shall be increased each pay period by the portion of Flexible Spending Account Plan Benefit Dollars that he/she has elected to apply toward his/her Dependent Care Assistance Account pursuant to elections made under Article Y hereof. 6.5 DECREASES IN DEPENDENT CARE ASSISTANCE ACCOUNTS A Participant's Dependent Care Assistance Account shall be reduced by the amount of any Employment-Related Dependent Care Expense reimbursements paid or incurred on behalf of a Participant pursuant to Section 6.1 2 hereof. 6.6 ALLOWABLE DEPENDENT CARE ASSISTANCE RFIMBURSEM NT Subject to limitations contained in Section 6.9 of this Program, and to the extent of the amount contained in the Participant's Dependent Care Assistance Account, a Participant who incurs Employment-Related Dependent Care Expenses shall be entitled to receive from the Employer full reimbursement for the entire amount of such expenses incurred during the Plan Year or portion thereof during which he is a Participant. 6.7 ANNUAL STATEMENT OF BENEFIT On or before January 31st of each calendar year, the Administrator shall furnish to each Employee who was a Participant and received benefits under Section 6.6 during the prior calendar year, a statement of all activity on behalf of such Participant during the prior calendar year. 6.8 FORFEITURES The amount in a Participant's Dependent Care Assistance Account as of the end of any Plan Year (and after the processing of all claims for such Plan Year pursuant to Section 6.12 hereof) shall be forfeited and deposited into the Employer's general fund. In such event, the Participant shall have no further claim to such amount for any reason. 6.9 LIMITATION ON PAYMENT Notwithstanding any provision contained in this Article to the contrary, amounts paid from a Participant's Dependent Care Assistance Account in or on account of any taxable year of the Participant shall not exceed the lesser of the Earned Income limitation described in Code Section 129 (b) or $5,000 ($2,500 if separate tax return is filed by a Participant who is married as determined under the rules of paragraph (3)and(4)of Code Section 21 (e)). 6.10 NONDISCRIMINATION REQUIREMENTS (a) It is the intent of this Dependent Care Assistance Program that contributions or benefits not discriminate in favor of Highly Compensated Participants as defined in Section 6.2 (e)or their Dependents. (b) If the Administrator deems it necessary to avoid discrimination or possible taxation to Highly Compensated Employees defined under Section 6.2 (e) under Code Section 1 29 (c)(4), it may, but shall not be required to, reject any elections or reduce contributions or non-taxable benefits in order to assure compliance with this Section. Any act taken by the Administrator under this Section shall be carried out in a uniform and nondiscriminatory manner. Contributions which are not utilized to provide Benefits to any Participant by virtue of any administrative act under this paragraph shall be forfeited by the Participant without Benefit. 6.11 COORDINATION WITH FLEXIBLE SPENDING ACCOUNT PLAN All Participants under the Flexible Spending Account Plan are eligible to receive Benefits under this Dependent Care Assistance Program. The enrollment and termination of participation under the Flexible Spending Account Plan shall constitute enrollment and termination of participation under this Dependent Care Assistance Program. In addition, other matters concerning contributions, elections and the like shall be governed by the general provisions of the Flexible Spending Account Plan. 6.12 DEPENDENT CARE ASSISTANCE PROGRAM CLAIMS The Administrator shall pay all such Dependent Care Assistance claims to the Participant upon the presentation to the Administrator of documentation of such expenses in a form satisfactory to the Administrator. However, in the Administrator's discretion, payments may be made directly to the service provider. In its discretion in administering the Plan, the Administrator may utilize forms and require documentation of costs as may be necessary to verify the claims submitted. Each Participant who desires to receive reimbursement under this Program for Employment- Related Dependent Care Expenses incurred by the Participant shall submit to the Administrator a statement containing the following information: (a) The Dependent or Dependents for whom the services were performed; (b) The nature of the services performed for the Participant, the cost of which he wishes reimbursement; (c) The relationship, if any, of the person performing the services to the Participant; (d) If the services are being performed by a child of the Participant,the age of the child: (e) A statement as to where the services were performed; (f) If any of the services were performed outside the home, a statement as to whether the Dependent for whom such services were performed spends at least 8 hours a day in the Participant's household; (g) If the services were being performed in a day care center,a statement that (1) the day care center complies with all applicable laws and regulations of the state of residence, (2) the day care center provides care for more than 6 individuals (other than individuals residing at the center), and (3) the amount of fee paid to the center. (h) If the Participant is married, a statement of ( 1 ) the Spouse's salary or wages if he or she is employed, or ( 2 ) if the Participant's Spouse is not employed, a statement that (i) he or she is incapacitated, or (ii) he or she is a full-time student attending an educational institution and the months during the year which he or she attended such institution. (i) If a Participant fails to submit a claim within the 90 day period immediately following the end of the Plan Year those claims shall be considered for reimbursement only at the discretion of the Administrator. 6.13 TERMINATION OF EMPLOYMENT If a Participant terminates with the Employer, his/her participation on the Plan shall cease, However, such a Participant may submit claims for 90 days after his/her date of termination. The claims submitted must be for expenses incurred during the portion of the Plan Year preceding his/her date of termination. ARTICLE VII MEDICAL EXPENSE REIMBURSEMENT PLAN 7.1 ESTABLISHMENT OF PROGRAM This Medical Expense Reimbursement Program is intended to qualify as a Program under Code Section 105 and shall be interpreted in a manner consistent with such Code Section and the Treasury regulations thereunder. Participants who elect to participate in this Program may submit claims for the reimbursement of Medical Expenses. All amounts reimbursed under this Medical Expense Reimbursement Program shall be periodically paid from amounts allocated to the Medical Expense Reimbursement Account. 7.2 DEFINITIONS For the purposes of this Article and the Flexible Spending Account Plan, the terms below have the following meaning: (a) "Medical Expense Reimbursement Account" means the account established for Participants pursuant to this Plan to which part of his/her Flexible Spending Account Plan Benefit Dollars may be allocated and from which all allowable Medical Expenses may be reimbursed. (b) "Medical Expense Reimbursement Program" means the plan of benefits contained in this Article, which provides for the reimbursement of eligible Medical Expenses incurred by the Participant or his/her Dependents. (c) "Highly Compensated Participant" means, for the purpose of this Article and determining discrimination under Code Section 105 (h), a participant who is a Highly Compensated Employee within the meaning of Code Section 105(h). (d) "Medical Expenses" means any expense for medical care within the meaning of the term "medical care" or "medical expense' as defined in Code Section 213 and the rulings and Treasury regulations thereunder,and not otherwise used by the Participant as a deduction in determining his tax liability under the Code. However, a Participant may not be reimbursed for the cost of other health coverage such as premiums paid under plans maintained by the employer of the Participant's spouse or individual policies maintained by the Participant or his spouse or Dependent. (e) The definitions of Article I are hereby incorporated by reference to the extent necessary to interpret and apply the provisions of this Medical Expense Reimbursement Program. 7.3 FORFEITURES The amount in the Medical Expense Reimbursement Account as of the end of any Plan Year (and after the processing of all claims for such Plan Year pursuant to Section 7.7 hereof) shall be forfeited and credited to the benefit plan surplus. In such event, the Participant shall have no further claim to such amount for any reason. 7.4 LIMITATION ON ALLOCATIONS Notwithstanding any provision contained in this Medical Expense Reimbursement Program to the contrary, no more than $2500 may be allocated to the Medical Expense Reimbursement Account by a Participant in or on account of any Plan Year. 7.5 NONDISCRIMINATION REQUIREMENTS (a) It is the intent of this Medical Expense Reimbursement Program not to discriminate in violation of the Code and the Treasury regulations thereunder. (b) If the Administrator deems it necessary to avoid discrimination under this Program , it may, but shall not be required to, reject any elections or reduce contributions or Benefits in order to assure compliance with this Section. Any act taken by the Administrator under this Section shall be carried out in a uniform and nondiscriminatory manner. If the Administrator decides to reject any elections or reduce contributions or Benefits, it shall be done in the following manner. First, the Benefits designated for the Medical Expense Reimbursement Account by the member of the group in whose favor discrimination may not occur pursuant to Code Section 105 or 125 that elected to contribute the highest amount to the fund for the Plan Year shall be reduced until the nondiscrimination test set forth in this Section is satisfied, or until the amount designated for the fund equals the amount designated for the fund by the next member of the group in whose favor discrimination may not occur pursuant to Code Section 1 05 or 125 who has elected the second highest contribution to the Medical Expense Reimbursement Account for the Plan Year. This process shall continue until the nondiscrimination test set forth in this Section is satisfied. Contributions which are not utilized to provide Benefits to any Participant by virtue of any administrative act under this paragraph shall be forfeited and credited to the benefit plan surplus. 7.6 COORDINATION WITH FLEXIBLE SPENDING ACCOUNT All Participants under the Flexible Spending Account Plan are eligible to receive Benefits under this Health Care Reimbursement Program. The enrollment under the Flexible Spending Account shall constitute enrollment under this Medical Expense Reimbursement Plan. In addition, other matters concerning contributions, elections and the like shall be governed by the general provisions of the Flexible Spending Account. 7.7 MEDICAL EXPENSE REIMBURSEMENT PLAN CLAIMS (a) All Medical Expenses incurred by a Participant shall be reimbursed during the Plan Year, even though the submission of such a claim occurs after his participant hereunder ceases; but provided that the Medical Expenses were incurred during the applicable Plan Year. (b) The Administrator shall direct the reimbursement to each eligible Participant for all allowable Medical Expenses, up to a maximum of the amount designated by the Participant for the Medical Expense Reimbursement Account for the Plan Year, which have been incurred by the Participant and/or his Spouse or Dependents, in excess of any payments or other reimbursements under any health care plan which may be sponsored by the Employer, any governmental agency or any other plan covering a Participant and/or his Spouse or Dependents. (c) Claims for the reimbursement for Medical Expenses incurred in any Plan Year shall be paid as soon after a claim has been filed as is administratively practicable; provided however, that if a Participant fails to submit a claim within the 90 day period immediately following the end of the Plan Year, those Medical Expense claims shall not be considered for reimbursement by the Administrator. (d) Reimbursement payments under this Plan shall be made directly to the Participant. However, in the Administrator's discretion, payments may be made directly to the service provider. The application for payments or reimbursement shall be made to the Administrator on an acceptable form within a reasonable time of incurring the debt or paying for the service. The application shall include a written statement from an independent third party stating that the Medical Expense has been incurred and the amount of such expense. Furthermore, the Participant shall provide a written statement that the Medical Expense has not been reimbursed or is not reimbursable under any other health plan coverage and, if reimbursed from the Medical Expense Reimbursement Account, such amount will not be claimed as a tax deduction. The Administrator shall retain a file of all such applications. 7.8 TERMINATION OF EMPLOYMENT If a Participant terminates with the Employer, his/her participation on the Plan shall cease, However, such a Participant may submit claims for 90 days after his/her date of termination. The claims submitted must be for expenses incurred during the portion of the Plan Year preceding his/her date of termination. A Participant may also elect to continue his/her coverage under COBRA. In such an event, the action shall be pursuant to Section 7.9. 7.9 COBRA CONTINUATION OF COVERAGE Under Federal Law, the Participant, the Participant's spouse, and the Participant's dependents may be entitled to continue participation for a period not to exceed eighteen (18) months if a loss of benefits occurs because of the Participant's termination of employment or reduction of hours, or for a period not to exceed three (3) years for any of the other reasons given below. However, in certain circumstances this continuation coverage may be terminated as provided by Federal law, for reasons such as failure to pay continuation coverage cost, coverage under another employer's plan (whether as an employee or otherwise), termination of the Employer's health plan, or the Participant (or the person entitled to continue coverage) becomes entitled to Medicare benefits. The cost of continuation coverage must be paid by the individual choosing such coverage; however, the cost may not exceed 102% of the cost of the same coverage for a "similarly situated" participant or family member. (a) If the Participant would otherwise lose his or her coverage under this Plan because of a termination of employment or reduction in hours, he or she may continue the coverage provided under this Plan. However, this will not be a tax-deductible expense to him or her, absent unusual circumstances. (b) The Participant's spouse may choose continuation coverage for himself or herself if he or she loses coverage for any of the following reasons: (1) the Participant's death; (2) termination of the Participant's employment(for reasons other than gross misconduct; or a reduction in the Participant's hours of employment; (3) the Participant's divorce or legal separation; or(4)the Participant becomes eligible for Medicare. (c) The Participant's dependent children may choose continuation for themselves of they lose group health coverage for any of the following reasons: (1) death of a parent; (2) termination of the Participant's employment (for reason other than gross misconduct) or a reduction in the Participant's hours of employment; (3) the Participant's divorce or legal separation; (4) the Participant becomes eligible for Medicare; or (5) the Participant's dependent ceases to be a dependent child under the Plan. It is the Participant's responsibility to notify the Plan Administrator of a divorce, legal separation or other change in marital status, change in a spouse's address, or a child losing dependent status under the plan, within sixty (60) days of the event. It is the Employer's responsibility to notify the Plan Administrator of the Participant's death, termination of employment or reduction in hours, or Medicare eligibility. ARTICLE VIII ERISA PROVISIONS 8.1 CLAIM FOR BENEFITS (a) Any claim for Benefits shall be made to the Administrator. If the Administrator denies a claim, the Administrator may provide notice to the Participant or beneficiary, in writing, within 90 days after the claim is filed unless special circumstances require an extension of time for processing the claim. If the Administrator does not notify the Participant of the denial of the claim within the 90 day period specified above, then the claim shall be deemed denied. The notice of a denial of a claim shall be written in a manner calculated to be understood by the claimant and shall set forth the following: (1) specific references to the pertinent Plan provisions on which the denial is based; (2) a description of any additional material or information necessary for the claimant to perfect the claim and an explanation as to why such information is necessary; and (3) an explanation of the Plan's claim procedure. (b) Within 60 days after receipt of the above material,the claimant shall have a reasonable opportunity to appeal the claim denial to the Administrator for a full and fair review. The claimant or his duly authorized representative may (1) request a review upon written notice to the Administrator; (2) review pertinent documents; and (3) submit issues and comments in writing. (c) A decision on the review by the Administrator will be made not later than 60 days after receipt of a request for review, unless special circumstances require an extension of time for processing(such as the need to hold a hearing), in which event a decision should be rendered as soon as possible, but in no event later than 120 days after such receipt. The decision of the Administrator shall be written and shall include specific reasons for the decision, written in a manner calculated to be understood by the claimant, with specific references to the pertinent Plan provisions on which the decision is based. (d) Any balance remaining in a Participant's Dependent Care or Medical Expense Reimbursement Account(s) as of the end of each Plan Year shall be forfeited and deposited in the benefit plan surplus of the Employer pursuant to Section 6.8 unless the Participant had made a claim for such Plan Year, in writing, which has been denied or is pending; in which event the amount of the claim shall be held until the claim appeal procedures set forth above have been satisfied or the claim is paid. If any such claim is denied on appeal, the amount held beyond the end of the Plan Year shall be forfeited and paid to the Employer. 8.2 NAMED FIDUCIARY The Administrator shall be the named fiduciary pursuant to ERISA Section 402 and shall be responsible for the management and control of the operation and administration of the Plan. 8.3 GENERAL FIDUCIARY RESPONSIBILITIES The Administrator and any other fiduciary under ERISA shall discharge their duties with respect to this Plan solely in the interest of the Participants and their beneficiaries and (a) for the exclusive purpose of providing Benefits to Participants and their beneficiaries and defraying reasonable expenses of administering the Plan; (b) with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent man acting in like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims; and (c) in accordance with the documents and instruments governing the Plan insofar as such documents and instruments are consistent with ERISA. ARTICLE LK ADMINISTRATION 9.1 PLAN ADMINISTRATION The operation of the Plan shall be under the supervision of the Administrator. It shall be a principal duty of the Administrator to see that the Plan is carried out in accordance with its terms, and for the exclusive benefit of Employees entitled to participate in the Plan. The Administrator shall have full power to administer the Plan in all of its details, subject, however, to the pertinent provisions of the Code. The Administrator"s powers shall include, but shall not be limited to the following authority, in addition to all other powers provided by this Plan: (a) To make and enforce such rules and regulations as the Administrator deems necessary or proper for the efficient administration of the Plan; (b) To interpret the Plan, the Administrator's interpretations thereof in good faith to be final and conclusive on all persons claiming benefits under the Plan; (c) To decide all questions concerning the Plan and the eligibility of any person to participate in the Plan and to receive benefits provided under the Plan; (d) To reject elections or to limit contributions or Benefits for certain highly compensated participants if it deems such to be desirable in order to avoid discrimination under the Plan in violation of applicable provisions of the Code; (e) To approve reimbursement requests and to authorize the payment of benefits; and (f) To appoint such agents, counsel, accountants, consultants, and actuaries as may be required to assist in administering the Plan. 9.2 EXAMINATION OF RECORD The Administrator will make available to each Participant such records as pertain to the Participant for examination at reasonable times during normal business hours. 9.3 PAYMENTS OF EXPENSES Any reasonable administrative expenses shall be paid by the Employee. The Administrator may impose reasonable conditions for payments, provided that such conditions shall not discriminate in favor of highly compensated employees. ARTICLE X AMENDMENT OR TERMINATION OF PLAN 10.1 AMENDMENT The Employer, at any time or from time to time, may amend any or all of the provisions of the Plan without the consent of any Employee or Participant. No amendment shall have the effect of reducing any benefit election of any Participant in effect at the time of such - amendment, unless such amendment is made to comply with Federal, state or local laws, statutes or regulations. 10.2 TERMINATION The Employer reserves the right to terminate the Plan, in whole or in part, at any time. In the event the Plan is terminated, no further contributions shall be made. No further additions shall be made to any Participant's Dependent Care Assistance and/or Medical Expense Reimbursement Account(s), but all payments from such Account or Accounts shall continue to be made according to the elections in effect until the end of the Plan Year in which the Plan termination occurs (and for a reasonable period of time thereafter, if required), or until the balances of all accounts have been reduced to zero, whichever occurs first. Any amounts remaining in any such account as of the end of the Plan Year in which Plan termination occurs shall be forfeited and deposited in the benefit plan surplus of the Employer after the expiration of the filing period. ARTICLE XI MISCELLANEOUS 11.1 PLAN INTERPRETATION All provisions of this Plan shall be interpreted and applied in a uniform, nondiscriminatory manner. This Plan shall be read in its entirety and not severed except as provided in Section 11.9. 11.2 GENDER AND N MB R Wherever any words are used herein in the masculine, feminine or neuter gender, they shall be construed as though they were also used in another gender in all cases where they would so apply, and whenever any words are used herein in the singular or plural form, they shall be construed as though they were also used in the other form in all cases where they would so apply. 11.3 NON-ALIENATION OF BENEFITS No benefit, right or interest of any person hereunder shall be subject to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance or charge, seizure, attachment or legal, equitable or other process or be liable for, or subject to, the debts, liabilities or other obligations of such person, except as otherwise required by law. 11.4 EXCLUSIVE BENEFIT This Plan shall be maintained for the exclusive benefit of the Participants. 11.5 PARTICIPANT'S RIGHTS This Plan shall not be deemed to constitute a contract between the Employer and any Participant or to be a consideration or an inducement for the employment of any Participant or Employee. Nothing contained in this Plan shall be deemed to give any Participant or Employee the right to be retained in the service of the Employer or to interfere with the right of the Employer to discharge any Participant or Employee at any time regardless of the effect which such discharge shall have upon him as a Participant of this Plan. 11.6 ACTION BY THE EMPLOYER Whenever the Employer under the terms of the Plan is permitted or required to do or perform any action or matter or thing, it shall be done and performed by a person duly authorized by its legally constituted authority. 11.7 OTHER SALARY-RELATED PLANS It is intended that any other salary-related employee benefit plans that are maintained or sponsored by the Employer shall not be affected by this Plan. Any contributions or benefits under such other plans with respect to a Participant shall, to the extent permitted by law and not otherwise provided for in such other plan, be based on his or her total compensation from the Employer, including any amounts by which his or her salary or wages may be reduced pursuant to the provisions of Section 3.1. 11.8 GOVERNING LAW This Plan is governed by the Code and the Treasury regulations issued thereunder(as they might be amended from time to time). In no event shall the Employer guarantee the favorable tax treatment sought by this Plan. To the extent not preempted by Federal law,the provisions of this Plan shall be construed,enforced and administered according to the laws of the State of California. 11.9 SEVERABILITY If any provision of the Plan is held invalid or unenforceable, its invalidity or unenforceability shall not affect any other provisions of the Plan, and the Plan shall be construed and enforced as if such provision had not been included herein. 11.10 CAPTIONS The captions contained herein are inserted only as a matter of convenience and for refe rence,erence and Y , in no way define, limit enlarge or describe the scope or intent of the Plan, nor in any way shall affect the Plan or the construction of any provision thereof. AGREEMENT FOR SERVICES BETWEEN MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AND UNITED ADMINISTRATIVE SERVICES THIS AGREEMENT is made and entered into this First day of September 1997 by Midpeninsula Regional Open Space District (hereinafter "CLIENT") and UNITED ADMINISTRATIVE SERVICES (hereinafter "ADMINISTRATOR"). RECITALS WHEREAS, CLIENT desires to obtain services to establish Dependent Care Assistance and Medical Expense Reimbursement Programs under Internal Revenue Code Sections 125 and 129; and WHEREAS, United Administrative Services has the necessary professional expertise and skill to assist in the development of policies and procedures necessary to implement such a program and has the trained staff and facilities to perform the counseling and claims processing necessary for successful management of a Dependent Care Assistance Plan. NOW, THEREFORE, the purpose of this AGREEMENT is to retain United Administrative Services as ADMINISTRATOR to perform those services specified in SECTION 1 of this AGREEMENT. THE PARTIES HEREBY AGREE AS FOLLOWS: SECTION 1 SCOPE OF SERVICES ADMINISTRATOR shall perform those services specified in detail in EXHIBIT A, entitled "SCOPE OF SERVICES", which is attached hereto and incorporated herein. SECTION 2 TERM OF AGREEMENT The term of this AGREEMENT shall be from September 1, 1997 to December 31, 1997, inclusive, subject to the provisions of SECTION 11 of this AGREEMENT: provided, however, the AGREEMENT will be automatically renewed under the same conditions for additional one-year periods beginning January 1, and ending December 31, unless the ADMINISTRATOR or the CLIENT give 60 days advance notice prior to the end of an annual period that the AGREEMENT is to be modified or terminated. SECTION 3 SCHEDULE OF PERFORMANCE The services of ADMINISTRATOR are to be completed according to the schedule set out in EXHIBIT B, entitled "SCHEDULE OF PERFORMANCE", which is attached hereto and incorporated herein. SECTION 4 COMPENSATION The compensation to be paid to ADMINISTRATOR, including both payment for professional services and reimbursable expenses, shall be the rate and schedule of payment as set out in EXHIBIT C, entitled "COMPENSATION", which is attached hereto and incorporated herein. SECTION 5 METHOD OF PAYMENT ADMINISTRATOR shall be paid an initial installation fee of$300 and ADMINISTRATOR shall be paid a fee as follows: $3.50 per enrollee per pay period This payment shall be remitted by Midpeninsula Regional Open Space District. SECTION 6 INDEPENDENT CONTRACTOR It is understood and agreed that ADMINISTRATOR, in the performance of the work and services agreed to be performed by ADMINISTRATOR shall act as and be an independent contractor and not an agent or employee of CLIENT. SECTION 7 ASSIGNABILITY The parties agree that the expertise and experience of ADMINISTRATOR are material considerations for this AGREEMENT. ADMINISTRATOR shall not assign or transfer any interest in this AGREEMENT nor the performance of any of ADMINISTRATOR's obligation hereunder, without prior written consent of CLIENT, and any attempt by ADMINISTRATOR to so assign this AGREEMENT or any rights, duties or obligations arising hereunder shall be void and of no effect. SECTION 8 INDEMNIFICATION ADMINISTRATOR shall defend, indemnify and hold harmless CLIENT, its officers, employees and agents against any claim, loss of liability arising out of or resulting in any way from work performed under this AGREEMENT due to the willful or negligent acts (active or passive)or omissions by ADMINISTRATOR's officers, employees or agents. The acceptance of said services and duties by CLIENT shall not operate as a waiver of such rights of defense and indemnification. SECTION 9 NONDISCRIMINATION ADMINISTRATOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, creed or national origin in connection with or related to the performance of this AGREEMENT. SECTION 10 TERMINATION A. CLIENT shall have the right to terminate this AGREEMENT, without cause, by giving not less than thirty(30)day's written notice of termination. B. If ADMINISTRATOR fails to perform any of its material obligations under this AGREEMENT, in addition to all other remedies provided by law, CLIENT may terminate this AGREEMENT immediately upon written notice. C. In the event of termination, ADMINISTRATOR shall deliver to CLIENT copies of all reports, documents and other work performed by ADMINISTRATOR under this AGREEMENT, as soon as reasonably possible, and upon receipt thereof, CLIENT shall pay ADMINISTRATOR for services performed and reimbursable expenses incurred to the date of termination. SECTION 11 GOVERNING LAW CLIENT and ADMINISTRATOR agree that the law governing this AGREEMENT shall be that of the State of California. SECTION 12 COMPLIANCE WITH LAWS ADMINISTRATOR shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. SECTION 13 CONFIDENTIAL INFORMATION All data, documents, discussions or other information developed or received by or for ADMINISTRATOR in performance of this AGREEMENT are confidential and shall not be disclosed by ADMINISTRATOR, its officers, agents, and/or employees to any person except as authorized in advance in writing by CLIENT, or as required by law. SECTION 14 OWNERSHIP OF MATERIALS All reports, documents or other materials developed or discovered by ADMINISTRATOR or any other person engaged directly or indirectly by ADMINISTRATOR to perform the services required hereunder shall be and remain the property of CLIENT-without restriction or limitation upon their use. SECTION 15 WAIVER ADMINISTRATOR agrees that waiver by CLIENT of any breach or violation of any term or condition of this AGREEMENT shall not be deemed to be a waiver or any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. The acceptance by CLIENT of the performance of any work or services by ADMINISTRATOR shall not be deemed to be a waiver of any term or condition of this AGREEMENT. SECTION 16 ADMINISTRATOR'S BOOKS AND RECORDS A. ADMINISTRATOR shall maintain any and all ledgers, books of accounts, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to CLIENT for a minimum period of three(3)years, or for any longer period required by law, from the date of final payment to ADMINISTRATOR pursuant to this AGREEMENT. B. ADMINISTRATOR shall maintain all documents and records which demonstrate performance under this AGREEMENT for a minimum period of three(3)years, or for any longer period required by law, from the date of termination or completion of this AGREEMENT. C. Any records or documents required to be maintained pursuant to this AGREEMENT shall be made available for inspection or audit, at any time during regular business hours, upon written request. Copies of such documents shall be provided to CLIENT for inspection when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon the records shall be available at ADMINISTRATOR's address indicated for receipt of notices in this AGREEMENT. D. Where CLIENT has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of ADMINISTRATOR's business, CLIENT may, by written request, require that custody of the records be given to CLIENT. Access to such records and documents shall be granted to any party authorized by ADMINISTRATOR, ADMINISTRATOR's representative, or ADMINISTRATOR's successor-in-interest. SECTION 17 CONFLICT OF INTEREST ADMINISTRATOR shall avoid all conflict of interest as well as the appearance of conflict of interest in performance of this AGREEMENT. SECTION 18 SPECIAL PROVISIONS Special provisions, if any, to this AGREEMENT are specified in EXHIBIT D, entitled "SPECIAL PROVISIONS", which is attached hereto and incorporated herein. SECTION 19 NOTICES All notices and other communications required or permitted to be given under this AGREEMENT shall be in writing and shall be personally served or mailed, postage prepaid and return receipt requested, addressed to the respective parties as follows: To CLIENT: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 To ADMINISTRATOR: United Administrative Services P.O. Box 5057 San Jose, CA 95150 Notice shall be deemed effective on the date personally delivered or, if mailed,three(3)days after deposit in the mail SECTION 20 VENUE In the event that suit shall be brought by either party hereunder,the parties agree that trial of such action shall be had in a State court in Santa Clara County or in a United States District Court for the Northern District of California. EXHIBIT A SCOPE OF SERVICES The scope of services is as follows: A Provisions of Services ADMINISTRATOR shall, at ADMINISTRATOR's cost and expense, provide the following enrollment, counseling, claims processing and related services to the Employees: 1. Provide a comprehensive administration program for a Dependent Care Assistance and Medical Expense Reimbursement programs in full compliance with Internal Revenue Service and Employee Retirement Income Act(ERISA)requirements. 2 . Schedule and present employee orientation of the program and plan. 3 . Counsel Employees as to the advantages and disadvantages of the program and plan during enrollment and re-enrollment. 4 . Enroll eligible employees requesting participation in the program and plan. 5 . Prepare all documents and forms, as needed, such as Plan Agreement, employee enrollment forms, employee change forms, disbursement and all other such documents and forms that the program requires. All documents and forms must conform to applicable federal, state and local law. 6 . Hold all funds in an interest bearing account with the interest to be paid ninety (90) days after the end of each calendar year closing to CLIENT unless otherwise specified. 7. Provide claims processing and disbursements to the Employees within forty eight (48) hours of receipt; the only exceptions to this requirement shall be that the ADMINISTRATOR is not required to disburse funds within forty eight hours if: a. There are not sufficient funds available in the employee's DCAP account; b. The employee has already received reimbursement for two or more claims in that calendar month;or c. There are not sufficient funds available in the employee's MRA account. If it is the case that there are insufficient funds in a participants MRA account to satisfy a claim, then the ADMINISTRATOR shall notify the employer of such. It is then the responsibility of the employer to remit the funds necessary to process the claims and disburse the funds in a timely manner to the participant. 8. Provide quarterly report showing all employee contributions, disbursements, and all employee forfeitures. 9. Return all employee forfeitures to CLIENT. 10. Provide a planning statement to all participants at least two (2) months prior to the end of the year detailing their remaining balances. The statements are intended to aid employees in planning for the upcoming year. SECTION 21 PRIOR AGREEMENTS AND AMENDMENTS This AGREEMENT, 'including all Exhibits attached hereto, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This AGREEMENT may only be modified by a written amendment duly executed by the parties to this AGREEMENT. WITNESS THE EXECUTION HEREOF on the day and year first hereinabove written. APPROVED: "CLIENT" By: (Title): APPROVED: "ADMINISTRATOR" By: (Title): EXHfl3lT B SCHEDULE OF PERFORMANCE Work shall commence immediately upon execution of this AGREEMENT, Program implementation September 1, 1997 will consist of 1) enrollment forms, 2) Summary Plan Description; 3) Claim forms, 4) Employee orientation meetings. E)aHBIT C COMPENSATION The Compensation is as follows: A The ADMINISTRATOR shall be paid $3.50 per enrollee, per pay period. THIS FEE SHALL ENCOMPASS: 1 . Services as listed under Scope of Services. 2 . Printing of claim checks. 3 . Printing of claim forms. B. CLIENT will pay for the printing of the Plan Booklet and any applicable bank charges. EXHIBIT D SPECIAL PROVISIONS BOND REQUIREMENTS The County requires UAS to maintain a Fidelity Bond at all times. After the first six months and every six months thereafter, the Fidelity Bonding amount will adjust to adequately cover the dollar transaction of the highest month handled by the vendor during each six month period. ATTORNEY FEES If suit is brought under this agreement, the prevailing party shall be entitled to recover as an element of costs of suit, and not as damages, a reasonable attorney's fee to be fixed by the court. The "prevailing party" shall be the party entitled to recover costs of suit, whether or not the suit proceeds to judgment. A party not entitled to recover costs shall not recover attorneys'fees. No sum for attorneys' fees shall be counted in calculating the amount of a judgment for purposes of determining whether a party is entitled to recover costs or attorneys'fees. DISPUTE RESOLUTION Disputes involving sums in excess of$2,500.00, arising under this agreement shall be submitted first to mediation by a mediator selected by mutual agreement of the disputants or by lot. If mediation fails to resolve the dispute,the parties shall select a single arbitrator by lot from among candidates nominated by the disputants. Alternatively, the disputants may ask the Presiding Judge of the Santa Clara County Superior Court to appoint an arbitrator. Arbitration shall be conducted under California Code of Civil Procedure section 1280 and following. The arbitrator may award reasonable attorneys'fees and costs to the prevailing party. The decision of the arbitrator shall be final and shall entitle the prevailing party to entry of judgment thereon. Regional Open . _ ace 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-97-114 Meeting 97-21 August 13, 1997 AGENDA ITEM _ 9 AGENDA ITEM Denial of Claim Against the District Filed By Ron and'Wanda Oxyer dba American River Bicycle Shop ---� GENERAL MANAGER'S RECOMMENDATION Deny the claim filed against the District by Ron and Wanda Oxyer dba American River Bicycle Shop. DISCUSSION American River Bicycle Shop has filed a claim against the District as a result of the Wargo bicycle accident which occurred on April 17, 1996 on the Kennedy Trail in Sierra AM Open Space Preserve, and the related lawsuit filed by Wargo against the District and other defendants on April 16, 1997. One of the defendants in Mr. Wargo's suit is American River Bicycle Shop. American River Bicycle Shop is seeking indemnification and apportionment of fault from the District as a result of the lawsuit. A copy of the claim which describes the incident is attached to this report. The Government Code requires that claims for indemnity be presented to a public agency within six (6) months of the filing of the underlying complaint. 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. District legal counsel has reviewed this claim and recommends that it be denied. There does not appear to be a basis to impose liability upon the District for this claim. Prepared by: Diane Blackman, Research Attorney Contact Person: Malcolm Smith, Acting District Clerk Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200 • 1972-1997 • FAX:415-691-0485 • E-mail: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 CLAIM AGAINST PENINSULA REGIONAL O SpACE DISTRICT Please return tdjr rict Clerk, 330 Distel Circle, LosFabs, CA 94022 Complete the following, adding additional sheets as necessary. 1. CLAIMANT'S NAME (Print) RON AND WANDA OXYER, DBA AMERICAN RIVER BICYCLE SHOF 2. CLAIMANT'S ADDRESS: 9203 Folsom Blvd. , Sacramento, CA 95826 ATTY. PH: (Street or P.O. Box Number - City - State - Zip Code) ' PHONE: (916) 3 6 9-0 7 7 7 WORK PHONE: i 916) 3 6 3-6 2 71 3. AMOUNT OF CLAIM: A. IF AMOUNT CLAIMED IS LESS THAN $10,000: Estimate amount of total damage or loss: Attach copies of bills, estimates and other documents showing how you computed the amount of your claim. _ B. IF AMOUNT CLAIMED IS MORE THAN $10,000, INDICATE WHERE JURISDICTION RESTS: Municipal Court Superior Court Sacramento County 4. ADDRESS TO WHICH NOTICES David R. Feniger, BOLLING, WALTER & GAWTHROP ARE TO BE SENT, IF DIFFERENT (Name) FROM LINES 1 AND 2 (PRINT) 8 R 8 n Cal -Center Dr_,- Ste, 400 (Street or P.O. Box Number) Sacramento, CA 95826 (City - State - Zip Code) 5. DATE OF INCIDENT: 4-17-96 TIME OF INCIDENT: Unknown LOCATION OF INCIDENT: Somewhere on the Kennedy/Si errs A u1 bike —� ra i 1 i n Santa C1 ara County, 6. DESCRIBE THE INCIDENT OR ACCIDENT UPON WHICH THIS CLAIM IS BASED, INCLUDING YOUR REASON FOR BELIEVING THAT THE DISTRICT IS LIABLE FOR YOUR DAMAGES: "SEE ATTACHMENT" (over) DESCRIBE ALL DAMAGE OR LOSS WHICH YOU BELIEVE YOTT HAVE INCURRED OR wiLL NCUR AS A RESULT OF E INCIDENT: UNKNOWN AS 1, THESE CLAIMANTS 8. NAME(S) OF PUBLIC EMPLOYEE(S) YOU CLAIM CAUSED THE DAMAGES, IF KNOWN: UNKNOWN AT PRESENT Signature of Claimant Date Note: Any person who, with intent to defraud, presents any false or fraudulent claim may be punished by imprisonment or fines or both. Penal Code §72. Note: Claims must be filed within six months of incident. See Government Code Section 911.2 4 WARGO v. AMERICAN RIVER BICYCLE SHOP ATTACHMENT On April 16, 1997, plaintiff LAWRENCE ANTHONY WARGO filed a complaint against claimants RON AND WANDA OXYER DBA AMERICAN RIVER BICYCLE SHOP for an injury he claims took place on April 17, 1996. Therefore, this claimant is filing a claim with this public entity, an additional defendant in the original lawsuit. This claim arises out of an alleged bicycle fall by LAWRENCE ANTHONY WARGO. In MR. WARGO' S complaint against this claimant, MR. WARGO alleges that the roadway surface maintained by this public entity was negligently maintained and operated. MR. WARGO, claims that this condition caused him to be thrown to the ground, whereby he suffered injuries. Claimant RON AND WANDA OXYER, DBA AMERICAN RIVER BICYCLE SHOP know of no other details with regard to this alleged accident. The claimants herein have been served with the complaint and have appropriately filed an answer thereto. A copy of that complaint is attached hereto. Claimants herein are seeking indemnification and apportionment of fault from the Midpeninsula Regional Open Space District; relative to the Complaint filed by Lawrence Anthony Wargo. Fs\. . . .\DRF\WARGo\FORM.ATT-/-st Regional Open ice R-97-119 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 97-21 August 13, 1997 AGENDA ITEM 10 AGENDA ITEM Scheduling of Special Meetings of the District's Board of Directors on August 23, 1997, September 17, 1997, September 20, 1997, October 15, 1997, and November 5, 1997. GENERAL MANAGER'S RECOMMENDATIONS 1. Schedule Special Board Meetings for Saturday,qAuggu3, 1997 and Saturday, September 20, 1997 beginning at 8:30 a.m. for the purpose of conducting tours of District lands for invited local public officials. 2. Schedule Special Board Meetings for Wednesday, September 17, 1997, Wednesday, October 15, 1997, and Wednesday, November 5, 1997. DISCUSSION Notice of the Special Board Meetings for the land tours is appropriate as it is anticipated that a quorum of Board members will be present at each tour. The August 23 meeting will begin at the Woodside Town Hall, and the September 20 meeting will begin at the Rancho San Antonio Open Space Preserve. Both meetings will continue as the land tours progress. The September 17 meeting will be a joint meeting with the San Mateo County Parks Commission. The October 15 meeting will be a joint meeting with the Board of Directors of the Santa Clara County Open Space Authority. The November 5 meeting will be a joint meeting with the Santa Clara County Parks Commission. These joint meetings will be for the purpose of discussing the District's Regional Open Space Plan process, and other potential agenda items of mutual interest. Agendas for all Special Meetings will be posted at the District administrative office and mailed to agenda subscribers as required by law. Prepared by: Malcolm Smith, Public Affairs Manager Contact person: Malcolm Smith, Public Affairs Manager Celebrate 25 Years of Open Space Preservation 330 Distel Circle Los Altos, CA 94022-1404 • Phone:415-691-1200 • 1972-1997 • FAX:415-691-0485 • E-mail: 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. 97-15 Meeting 97-21 Date: Aug. 13, 1997 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2623 250.00 Aaron's Septic Tank Service Sanitation Services 2624 425.00 Acme & Sons Sanitation Sanitation Services 2625 123.00 ADT Security Services Alarm Services 2626 2,614.00 American Recreational Products Skyline Picnic Tables 2627 48.58 A T & T Telephone Service 2628 24.30 Bay Area Air Quality Management District Fuel Nozzle Permit 2629 110.02 Craig Beckman Reimbursement--Diesel 2630 818.08 Big Creek Lumber 2631 1,105.12 Bimark, Inc. Rocker Pins 2632 89.23 Cabela's Uniforms 2633 132.00 *1 California Department of Fish & Game Permit-Soil Removal-Rhus Ridge Road 2634 132.00 California Department of Fish & Game Permit for Bridge Repair-PCR 2635 151.98 California Water Service Company Water Service 2636 3,183.77 Callander Associates Windy Hill Parking Lot Design Study 2637 21,061.44 Capitol Ford 4 X 4 Truck 2638 3,173.83 Carter Industries Service Bodies For New Trucks 2639 304.93 Cascade Fire Equipment Company Fire Gear and Clothing 2640 212.10 Continuing Education of the Bar Resource Documents 2641 307.42 Communications & Control Inc. P G & E Pump-Mt. Umunhum Utilities 2642 4.87 Contemporary Engraving Name Badge Engraving 2643 119.00 Council On Education In Management Subscription Renewal 2644 672.80 *2 Jed Cyr Reimbursement--Special Districts Conference 2645 463.08 Dennis Danielson Reimbursement-Maps and Office Chair 2646 3,494.71 Shannon Davis & Associates Recruitment--Administration Manager 2647 514.36 DESIGNet, Inc. Telephone Maintenance 2648 107.60 Exceed Uniform Supplies 2649 566.52 Farrelle Communications Radio Maintenance and Installation 2650 209.20 Foster Bros. Security Systems, Inc. Keys and Locks 2651 14.78 Franciscan Glass Company Window Repair-Enterprise Rental 2652 69.16 G & K Services Shop Towel Service 2653 433.94 Gardenland Power Equipment Field Equipment and Supplies 2654 97.19 Gilroy Motorcycle Center ATV Tire 2655 517.24 Goodyear Auto Service Center Tires 2656 143.73 GTE Mobilnet Cellular Phone Service 2657 169.00 Mary Gilman Reimbursement--Plumbing Repair 2658 33.00 Goldfarb & Lipman Resource Document 2659 156.52 The Home Depot Field Equipment and Supplies 2660 2,176.44 HMC Architectural Services--Rancho Upgrade 2661 400.05 Jodi Isaacs Vehicle Expense 2662 1,328.46 Jakaby Engineering Engineering Services-Misc. Projects 2663 1,079.25 Jeda Publications Fremont Older Map Printing 2664 28.00 Jobs Available Subscription Renewal 2665 100.00 Killroy Pest Control Rodent Control Service--Enterprise Rental 2666 12.00 KQED-FM Resource Document *1 Urgent Check Issued August 1, 1997. *2 Urgent Check Issued August 1, 1997. Page 1 Claims No. 97-15 Meeting 97-21 Date: Aug. 13, 1997 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2667 688.53 Lanier Worldwide, Inc. Copier Lease 2668 186.04 Los Altos Garbage Company Dumpster Service 2669 207.04 Lucent Technologies A T & T Maintenance Service 2670 380.00 Merwin A. Mace Acquisition Consulting Services 2671 24.36 Brian Malone Reimbursement--Uniform Expense 2672 600.00 Marie McGough Accounting Services 2673 265.36 Metro MobileCommunications Radio Repair and Maintenance 2674 213.92 Noble Ford Tractor, Inc. Tractor Parts 2675 400.00 North American Title Company Preliminary Title Report 2676 66.49 Northern Energy Propane Service 2677 356.29 Pacific Bell Telephone Service 2678 67.50 Parasec On-Line Research Service 2679 226.20 Payment Center-A T & T Long Distance Maintenance Service 2680 283.41 Peninsula Blueprint, Inc. Blueline and Printing Services 2681 1,095.92 Pine Cone Lumber Co., Inc. Sign Posts 2682 212.98 PIP Printing Map and "Connections" Printing 2683 482.08 Pitney Bowes Credit Corporation Postage Meter Lease 2684 2,956.26 Town of Portola Valley Permit and Review Fees-Windy Hill 2685 1,010.45 Price Costco Field and Office Supplies 2686 1,940.81 R & R Designers Enterprise Rental Repairs 2687 3,993.63 Roy's Repair Service Vehicle Maintenance and Repair 2688 76.75 Safety-Kleen Solvent Tank Service 2689 376.76 San Jose Mercury News Legal Advertisement 2690 94.40 *3 San Mateo County Bach Driveway Repair Project Permit 2691 236.40 Shell Oil Company Fuel 2692 583.64 John Shelton Inc. Culverts 2693 72.46 Signs of the Times Signs 2694 47.50 Skyline County Water District Water Service 2695 287.90 Smith Equipment Equipment Parts 2696 25.00 Cheryl Solomon Reimbursement--Environmental Training 2697 2,296.50 *4 Space Designs Office Furniture Deposit 2698 464.11 Sportif USA Uniforms 2699 7,681.00 JMS Painting Company Enterprise Rental Maintenance 2700 124.49 Summit Uniforms Uniforms 2701 64,930.00 Sutter Equipment Co. Sweco 480 Trail Dozer 2702 527.73 Teater & Etc. Map Files and Signs 2703 7,489.31 Terratech, Inc. FEMA Landslide Repair Consultant 2704 60.00 Terminix Pest Control Service-Distel Building 2705 71.94 Tooland, Inc. Tool Repair 2706 39.44 Turf & Industrial Equipment Company Tractor Service Supplies 2707 7,998.81 Turner & Mulcare Legal Services 2708 236.50 U. S. Rentals Bobcat Excavation Rental 2709 420.00 Sumudu Welaratna Oak Restoration Project Intern 2710 111.33 West Publishing Payment Center Resource Documents 2711 105.64 Michael Williams Vehicle and Business Meeting Expense *3 Urgent Check Issued August 7, 1997. *4 Urgent Check Issued July 30, 1997. Page 2 Claims No. 97-15 Meeting 97-21 Date:Aug. 13, 1997 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Amount Name Description 2712 300.00 Roberta Wolfe Recording Services" 2713 122.10 Workingman's Emporium Uniform 2714 110.25 Lisa Zadek Vehicle Expense 2715R 1,225.00 Margit Aarons Archaeological Study--El Corte de Madera 2716R 32.48 ASD Graphics Signs 2717R 880.40 Space Designs Office Furniture 2718R 378.77 Petty Cash Business Meeting Expense, Postage, Key Duplication, Signs, Field Supplies, Vehicle Repairs and Resource Documents TOTAL 160,241.58 Page 3 Claims No. 97-15 Meeting 97-21 Date: Aug. 13, 1997 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2623 250.00 Aaron's Septic Tank Service Sanitation Services 2624 425.00 Acme & Sons Sanitation Sanitation Services 2625 123.00 ADT Security Services Alarm Services 2626 2,614.00 American Recreational Products Skyline Picnic Tables 2627 48.58 A T & T Telephone Service 2628 24.30 Bay Area Air Quality Management District Fuel Nozzle Permit 2629 110.02 Craig Beckman Reimbursement--Diesel 2630 818.08 Big Creek Lumber 2631 1,105.12 Bimark, Inc. Rocker Pins 2632 89.23 Cabela's Uniforms 2633 132.00 *1 California Department of Fish & Game Permit-Soil Removal-Rhus Ridge Road 2634 132.00 California Department of Fish & Game Permit for Bridge Repair-PCR 2635 151.98 California Water Service Company Water Service 2636 3,183.77 Callander Associates Windy Hill Parking Lot Design Study 2637 21,061.44 Capitol Ford 4 X 4 Truck 2638 3,173.83 Carter Industries Service Bodies For New Trucks 2639 304.93 Cascade Fire Equipment Company Fire Gear and Clothing 2640 212.10 Continuing Education of the Bar Resource Documents 2641 307.42 Communications & Control Inc. P G & E Pump-Mt. Umunhum Utilities 2642 4.87 Contemporary Engraving Name Badge Engraving 2643 119.00 Council On Education In Management Subscription Renewal 2644 672.80 *2 Jed Cyr Reimbursement--Special Districts Conference 2645 463.08 Dennis Danielson Reimbursement-Maps and Office Chair 2646 3,494.71 Shannon Davis & Associates Recruitment--Administration Manager 2647 514.36 DESIGNet, Inc. Telephone Maintenance 2648 107.60 Exceed Uniform Supplies 2649 566.52 Farrelle Communications Radio Maintenance and Installation 2650 209.20 Foster Bros. Security Systems, Inc. Keys and Locks 2651 14.78 Franciscan Glass Company Window Repair-Enterprise Rental 2652 69.16 G & K Services Shop Towel Service 2653 433.94 Gardenland Power Equipment Field Equipment and Supplies 2654 97.19 Gilroy Motorcycle Center ATV Tire 2655 517.24 Goodyear Auto Service Center Tires 2656 143.73 GTE Mobilnet Cellular Phone Service 2657 169.00 Mary Gilman Reimbursement--Plumbing Repair 2658 33.00 Goldfarb & Lipman Resource Document 2659 156.52 The Home Depot Field Equipment and Supplies 2660 2,176.44 HMC Architectural Services--Rancho Upgrade 2661 400.05 Jodi Isaacs Vehicle Expense 2662 1,328.46 Jakaby Engineering Engineering Services-Misc. Projects 2663 1,079.25 Jeda Publications Fremont Older Map Printing 2664 28.00 Jobs Available Subscription Renewal 2665 100.00 Killroy Pest Control Rodent Control Service--Enterprise Rental 2666 12.00 KQED-FM Resource Document *1 Urgent Check Issued August 1, 1997. *2 Urgent Check Issued August 1, 1997. Page 1 Claims No. 97-15 Meeting 97-21 Date:Aug. 13, 1997 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 2667 688.53 Lanier Worldwide, Inc. Copier Lease 2668 186.04 Los Altos Garbage Company Dumpster Service 2669 207.04 Lucent Technologies A T & T Maintenance Service 2670 380.00 Merwin A. Mace Acquisition Consulting Services 2671 24.36 Brian Malone Reimbursement--Uniform Expense 2672 600.00 Marie McGough Accounting Services 2673 265.36 MetroMobileCommunications Radio Repair and Maintenance 2674 213.92 Noble Ford Tractor, Inc. Tractor Parts 2675 400.00 North American Title Company Preliminary Title Report 2676 66.49 Northern Energy Propane Service 2677 356.29 Pacific Bell Telephone Service 2678 67.50 Parasec On-Line Research Service 2679 226.20 Payment Center-A T & T Long Distance Maintenance Service 2680 283.41 Peninsula Blueprint, Inc. Blueline and Printing Services 2681 1,095.92 Pine Cone Lumber Co., Inc. Sign Posts 2682 212.98 PIP Printing Map and "Connections" Printing 2683 482.08 Pitney Bowes Credit Corporation Postage Meter Lease 2684 2,956.26 Town of Portola Valley Permit and Review Fees-Windy Hill 2685 1,010.45 Price Costco Field and Office Supplies 2686 1,940.81 R & R Designers Enterprise Rental Repairs 2687 3,993.63 Roy's Repair Service Vehicle Maintenance and Repair 2688 76.75 Safety-Kleen Solvent Tank Service 2689 376.76 San Jose Mercury News Legal Advertisement 2690 94.40 *3 San Mateo County Bach Driveway Repair Project Permit 2691 236.40 Shell Oil Company Fuel 2692 583.64 John Shelton Inc. Culverts 2693 72.46 Signs of the Times Signs 2694 47.50 Skyline County Water District Water Service 2695 287.90 Smith Equipment Equipment Parts 2696 25.00 Cheryl Solomon Reimbursement--Environmental Training 2697 2,296.50 *4 Space Designs Office Furniture Deposit 2698 464.11 Sportif USA Uniforms 2699 7,681.00 JMS Painting Company Enterprise Rental Maintenance 2700 124.49 Summit Uniforms Uniforms 2701 64,930.00 Sutter Equipment Co. Sweco 480 Trail Dozer 2702 527.73 Teater & Etc. Map Files and Signs 2703 7,489.31 Terratech, Inc. FEMA Landslide Repair Consultant 2704 60.00 Terminix Pest Control Service-Distel Building 2705 71.94 Tooland, Inc. Tool Repair 2706 39.44 Turf & Industrial Equipment Company Tractor Service Supplies 2707 7,998.81 Turner & Mulcare Legal Services 2708 236.50 U. S. Rentals Bobcat Excavation Rental 2709 420.00 Sumudu Welaratna Oak Restoration Project Intern 2710 111.33 West Publishing Payment Center Resource Documents 2711 105.64 Michael Williams Vehicle and Business Meeting Expense *3 Urgent Check Issued August 7, 1997. *4 Urgent Check Issued July 30, 1997. Page 2 Claims No. 97-15 Meeting 97-21 Date:Aug. 13, 1997 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Amount Name Description 2712 300.00 Roberta Wolfe Recording Services 2713 122.10 Workingman's Emporium Uniform 2714 110.25 Lisa Zadek Vehicle Expense TOTAL 157,724.93 Page 3 Regionai Open , . ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors e FROM: C. Britton, General Manager DATE: August 13, 1997 SUBJECT: FYI _. . 4 Celebrate 25 Years of Open Space Preservation 330 Distel Circle Los Altos, CA 94022-1404 - Phone:415-691-1200 1972-1997 ® FAX:415-691-0485 * E-mail: mrosd@openspace.org - Web site:www.openspace.org f#� Board of Directors:Pete Siemens,Mary C. Davey,Jed Cyr,David T.Smernoff, Nonette Hanko, Betsy Crowder, Kenneth C.Nitz - Generil Manager L.Craig Britton Regional Open , . .ice t 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT August 8, 1997 Tom Williams 650 La Mesa Drive Portola Valley, CA 94028 Re: Comments on Greenbelt Planning Dear Tom: It was good to see you at our Regional Open Space Plan workshop on July 16. I appreciate the additional ideas for a broader mail survey of users expressed in your letter of July 17. The District has previously done broader surveys along the lines of your suggestion, including questions on the level and type of use. These surveys were completed over the telephone with the assistance of a professional survey firm. They also compiled a report on the results, which are intended to be statistically representative. We intend to conduct a similar survey within the next year or so. We will consider including questions on use conflicts and preserve-specific patrol and maintenance as you suggest. The challenge in asking detailed questions in a mail or telephone survey is that it is difficult to be sure that the respondents know about the District and the context for our planning and decision-making. The general public tends not to differentiate us from providers of more intensive facilities such as county parks and State Parks. In our workshop exercises we can at least be sure the attendees have a basic understanding of the District's mission, policies, and organizational structure. Also, the people who take the trouble to attend are likely to be more informed than the general constituency, and have more specific and informed input. To expand on the input from this exercise we are also conducting it for our volunteer and docent groups, and for local park and open space boards and commissions. Overall, it is not the District's intention to use the results of the workshop exercise or the statistical survey as a direct basis for decision-making. The exercise is primarily intended to generate Board discussion that highlights key issues and alternatives. I hope you will continue to participate in the Regional Open Space Plan process as we begin the plan review process, and later revisit our Basic Policies based on input received during the process. Also, later in the fall, the Board Use and Management Committee will be opening up public discussion on trail use policy and guidelines. Also the question of preserving a "wilderness" experience will be debated. jput your name on the list for notification. g ritton, General Manager cc: MROSD Board of Directors 4`i t Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200 • 1972.1997 • FAX:415-691-0485 • E-mail: 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 CITY OF MOUNTAIN VIEW Community Services Department • 201 S.Rengstorff Avenue • Post Office Box 7540 • Mountain View,CA 94039-7540 415-903-6331 • FAX 415-962-1069 R E {, � Ai 1r, 0 8 1997 August 4, 1997 - MIUPEhdiCi�s_ii �.. _ _`r��3AL Dear Resident: OPEN SPA.,V• t_tK:JTtICT The Parks and Recreation Commission is in the process of conducting a review of park and open space needs in Mountain View. Over the past several months, the Commission has developed several recommendations which will be prioritized at a meeting on August 14, 1997 at 7:00 p.m. at the Rengstorff Community Center, 201 South Rengstorff Avenue. The Parks and Open Space Plan is a comprehensive analysis of open space needs for the City. It includes ranked priorities and implementing actions intended to direct future decisions regarding the City's open space needs. Any interested in providing comments regarding open space needs in Mountain View should attend the meeting or send written comments to the Mountain View Parks and Recreation Commission, Community Services Department, P.O. Box 7540, Mountain View, California 94039-7540. Sincerely, Leah Schnoor Senior Administrative Analyst Recycled Paper � VA Pete Wilson D Governor RE,Caf- [RCa AI M�, 0 8 1997 James M. St ro ck Secretaryfor Environmental California PLAINS+JLA ;aQ �� Protection iiYFlafi PEN SPACE Environmental Protection August 6, 1997 Agency Integrated Waste Management Mr. L. Craig Britton Board Midpeninsula Regional Open Space District 8800 Cal Cerder Di ive 330 Distel Circle Sacramento, CA 95826 Los Altos, CA 94022-1404 (916)255-2200 Dear Mr. Britton: Thank you very much for your letter dated August 5, 1997, regarding the Solid Waste Disposal and Codisposal Site Cleanup Program Application for Skyline Ridge Open Space Preserve. State Law(Public Resources Code Section 40412)requires that California Integrated Waste Management Board members must disclose all communications with them outside of a Board meeting about matters which could come before the Board. In compliance with this law, your letter will be made a part of the Board's official record as well as the subject record to which it relates. Sincerely, Steven R. Jones Board Member xre<rdvw. Regional Open )ace 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT August 8, 1997 Honorable Pete Wilson Governor, State of California State Capitol Sacramento, CA 95814 Subject: Support for AB 1366 Dear Governor Wilson: On behalf of the Midpeninsula Regional Open Space District, I am writing to urge your approval of Assembly Bill 1366, authored by Assemblyman Ted Lempert. This bill will provide for the transfer of easements.from the State's defunct California Hiking and Riding Trail program to the Midpeninsula Regional Open Space District and the County of San Mateo. By authorizing these easement transfers, this bill provides an opportunity for the District and the County to fully develop significant segments of trail in the rnidpeninsula area, and make regional trail connections between thousands of acres of open space preserves and county parks. The California Riding and Hiking Trail project of the early 1950s was an effort by the State to create a continuous hiking/equestrian trail through California from the Oregon border to Mexico. The planned route passed through the San Francisco peninsula, including current boundaries of the Open Space District and the County of San Mateo. Before the project was abandoned, a number of easements were acquired by the State including some areas that are now within District preserves or County parks. Some have been utilized as trails, but many have remained unused throughout the-years. This bill, similar to one passed in 1982 providing easement transfers to the East Bay Regional Parks District, will give the District and the County the ability to implement trail segments that otherwise would never be developed by the State. This bill has enjoyed consistent bipartisan support in both houses. I urge you to sign AB 1366 when it comes before you and provide the opportunity for these trail easements to be utilized for their original purpose. Sincerely; Mary C. D vey, President Board of Directors MCD/rocs cc: MROSD Board of Directors Honorable Ted Lempert Ralph Heim 1�-4 a WAA ors lit WU 5�4 Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200 4, 1972-1997 . FAX:415-691-0485 • E-mail: mrosdQopenspace.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.tNitz • General Manager:L.Craig Britton Regional Open ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manager `_,,,. DATE: August 8, 1997 SUBJECT: FYI T .ors 1,4 WV 5., I Celebrate 25 Years of Open Space Preservation 330 Distel Circle Los Altos, CA 94022-1404 • Phone:415-691-1200 • 1972-1997 • FAX:415-691-0485 • E-mail: 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 STATE CAPITOL COMMITTEES P.O.BOX 942849 BUDGET SACRAMENTO,CA 94249-0001 BUDGET SUBCOMMITTEE ON (916)445-8305 STATE ADMINISTRATION E-mail:Jim.Cunneen@assembly.ca.gov � 11TOrIt I, ENVIRONMENTAL TOXIC MATERIALS,Vice Chair DISTRICT OFFICE 7t`l HIGHER EDUCATION 901 CAMPISI WAY,SUITE 300 INSURANCE CAMPBELL,CA 95008 JIM CUNNEEN JOINT LEGISLATIVE BUDGET (408)369-8170 ASSEMBLYMEMBER,TWENTY-FOURTH DISTRICT Representing the communities of Campbell,Cupertino, Los Altos,Los Gatos,Monte Sereno,San Jose,Saratoga,and Sunnyvale August 5, 1997 Mr. L. Craig Britton 330 Distel Circle Los Altos, CA. 94022 Dear Craig: Thank you for taking the time to contact my office regarding AB 1055. This bill would establish an innovative grant program to assist in the upgrade and repair of playgrounds, and to encourage the use of recycled materials. Given current conditions, I agree the bill does have merit. Please be assured that if this legislation survives the committee process and comes before me on the Assembly floor for final consideration, I will certainly keep your position clearly in mind. Again, thank you for sharing your views on AB 1055 with me. Please continue to contact my office regarding this or other issues of concern to you. Sincerely, JIM CUNNEEN Assemblymember 24th District JC:rm 7_1 Al1A 0 LOPEN SPAF 4pk ti `,CAI_ wtz LdO PluT Printed on Recycled Paper 7/25/97 Craig Britton Midpeninsula Regional open Space District 330 Distel Circle Los Altos, CA 94022-1404 Re: Skyline property, Russian Orthodox Church Dear Craig, Enclosed is a copy of a letter written to San Mateo County Planning in regard to the recent bulldozing as well as their work proposal. Since their attorney at your recent board meeting was indicating the sub-division was not true, also enclosed is a copy of Planning's presentation at the first hearing. It clearly states they are proposing a forty acre subdivision. To do this the RM/CZ line would have to be moved to add 6.54 acres to make it a full forty. There are two density credits on the property. They are planning to buy/transfer in three to make the four required for the project. ( Because of their totally understated water usage estimate). The sub-division is in the Scenic Corridor so that credit is being held back. You cannot transfer density credits into the scenic corridor. Obviously it will be used at some future date. When the Nun's were asked about the sub-division at one of the public meetings, their reply was that it would help them. Colleen has been allowed the last word at every hearing. I would like to thank the Board for not letting her do it again. Her statement about misstatements is getting old. The developers have been masters of misstatements. I would be very interested in getting a copy of her response. Please buy the property and get this over with! Yours truly, Al Bell cc: ATOSD Board of Directors RE_C E1 VE® ,.I1.11 29 1997 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Y 7/25/97 Diane Regonini San Mateo County Planning Dept. 590 Hamilton St. Redwood City, CA 94063 Re: Proposed Russian Orthodox Convent Dear Diane, Per our conversation on July 9, 1997, you assured me the Russian Convent development would only clear existing fire trails. For the record, the only true fire clearing they did, was to bulldoze the cleared area behind the Agramonte property. The existing jeep trails that were on the property, are now 10 ft. wide roads. These trails were essentially horse trails which later became jeep roads about 50 years ago. They were used and maintained by a Deer Club that has long since disbanded. Although they could be construed as such, they were not intended as fire trails, and in reality would not be that effective due to their width and location. As the pictures I gave you show, they have made a NEW ROAD and cut down a large tree, which was tagged for removal by Sidney Hoover, and probably should have remained until the proper permits were issued. This new road is approximately 700 feet long and ranges from 10 to 20 feet wide. It is built in the area the plans show the proposed road will be. Also, what used to be nothing more than a foot/deer trail from the neighbors, is now a circular road approximately 10 feet wide, and 1000 feet long. Amazingly, it just happens to built in the area of their proposed 40 acre sub-division. My husband suggested to the Church that disking was a more common method of fire suppression. Disking mulches the vegetation, allowing the seed to remain and grow back to hold the ground during winter rains. Bulldozing removes everything. Simply disking the areas adjacent to the neighboring properties would have been a more efficient method of fire protection, and was really all that was required. The use of this large bulldozer in mid July, especially with a lack of Spring rains, grinds the roads into powder. For this reason, water bars should be installed in the steep areas, or heavy erosion will occur in the first winter rains. There is no traffic on these roads to pack down the soil. The operator did a very nice job and is very skilled, but this type of work should be done in the Spring as opposed to mid July. The equipment used with its rippers and tilt blade, is definitely a road building machine as opposed to a grass clearer. To reiterate the events when this project started, Monday, July 7, 1997, the grading began. Late that afternoon, Al called to inform you of what was being done. Clearly a new road was made. Tuesday, July 8, 1997, an Officer of Code Enforcement, came up and said everything looked OK. He had no idea what it looked like before! You had the project stopped until they sent a"letter of intent"for you to review. Wednesday, July 9, 1997, after reading the faxed letter, you gave them the go ahead. That afternoon I saw you, and showed you the pictures of what was happening. One of your remarks was you hadn't realized how much they were doing, and cutting down trees (with red ribbon still attached to it!) wasn't right. After voicing my opinion about what was going on, and my serious concerns on how planning was handling this, you gave me a copy of their letter. I read the letter in the elevator, and realized they were going to "Clear building sites of overgrown grass and weeds". I went back up to you and explained this was TOTALLY UNACCEPTABLE. You agreed, saying you hadn't read that, and would page George Sanotsky and tell him he could not do any clearing of building sites. I seems to me that issues of this nature should be of utmost concern to you. I was under the impression FROM PLANNING that nothing would/could be done to this property until the final plans were approved. A recent article appeared in the San Mateo County Times stating that the Planning Department was going to crack down on illegal grading without a permit. I can point out two hills on the Coast, one very close by, graded off only to find for whatever reason the owner could not build. To the immediate South, DHL built a two lane road, moving thousands of cubic yards of dirt on what was a jeep trail before they were stopped. I completely support Planning's crackdown, and suggest that you visit the property to view it yourself. The work at the entrance was not necessary and, fire accessibility to the whole property was available through our road which has an unlocked gate. Disputes between property owners do not matter to the Fire Department or Forest Service when fighting a fire. Since this 20 foot wide entrance was done for fire access, did the Church give a key to their gate to the Kings Mountain Fire Brigade, or the Forest Service? I am enclosing the letter of intent and another set of pictures for your file. Yours truly, Jeanne Bell for the Committee to Save Skyline Open Space 12130 Skyline Blvd. Woodside, CA 94062 Copies to: Terry Burns, Rich Gordon, Ruben Barrales n U U L V U �NI (C9 1J LP R V u C LP lJ 118 San Francisco Bind. San Anselmo, CA 94960-1623 ph 415-059-72731 fac 415-721-7072 C,-km Ste Cata:bs Lim-se A55EO9 GEORGE SNNOTSKY,OAM July 8, 1997 Attn. : Diane Regonini RE: Russian Convent, Woodside property, Fire breaks&weed clearing PROPOSAL FOR WORK ON PROPERTY 1. Use of John Deere D45OG for fire break of existing roads. 2. provide adequate entry for emergency vehicles at gate entrance to property. 3. Clear building sites of overgrown grass&weeds. • Mike Klestoff has notified you of the above work. • The Fire Marshall has been notified, Rex Buthman, was glad to hear we are maintaining the roads. • Mr. Bell was notified of the work to be done. • Mr. Agramonte, neighbor to the south was complimentary of the work done thus far, and approved of the roads being brought back to the proper condition and even requested that we do a little further. • Wort is being done by Mr. X/Vamer Sellman, a gentleman with over 20 years experience with the Marin Municipal Water Department doing this type of work. • Enclosed is aerial map of the property with the existing roads highlighted and red indicating the future building sites. i We are working on this to help the Russian Convent properly maintain the land &conform to fire safety responsibilities. I appreciate your immediate attention to this request so that we are able to continue work today. Thank you. George Sanotsky, for the Russian Convent CARPENTRY / ELECTRICA L / PLUMBING /DESIGN CONSULTATION /PROPERTY MANAGEMENT a Item #5 Regular Agenda Russian Convent COUNTY OF SAN MATEO PLANNING AND BUILDING DIVISION Date: January 22, 1997 To: Planning Commission From: Planning Staff Subject: Consideration of a Preliminary Concept Plan and transfer of three density credits to allow a convent, chapel, retreat center, and residence on approximately 6 acres of a 284-acre property. This application is not appealable to the Coastal Commission. PROPOSAL The Russian Convent of Our Lady of Vladimir proposes to transfer three density credits to be used in combination with one of two existing credits to develop: (1) a one-story convent building for 20 cloistered nuns; (2) a 47-foot tall chapel with a gold-leaf Orthodox dome chapel for the daily use of the nuns and Sunday visitors; (3) a two-story retreat center containing eight single-occupancy overnight rooms and two rooms for visiting clergy; (4) a one-story priest and caretaker's residence; and (5) a 24-car parking lot. The parking lot and retreat center building would be located in the Skyline State Scenic Corridor. The entire property is under a Williamson Act agricultural preserve contract. RECOMMENDATION Determine that the Preliminary Concept Plan and density transfer is in compliance with the County General Plan, Local Coastal Program, and Zoning Regulations. Direct the applicant to prepare a Final Development Plan with any necessary changes and apply for a Coastal Development Permit, use permit and architectural review. SUMMARY The purpose of a Concept Plan review is to allow the applicant and the County to reach agreement on the general design of a project and its compliance with County policies and regulations prior to the preparation of a final and more detailed plan. Approval by the Planning Commission at the Concept Plan stage provides no authorization to proceed with any development. After approval of the Concept Plan, the applicant may prepare a final plan and permit applications. Staff will perform environmental review of the final plan. greater than 200 acres in size. The applicant has submitted all necessary information, including the Overall Development Scheme (ODS), required by those sections. According to Section 6909.5 of Chapter 36A.1, the Planning Commission shall either: (1) grant approval to the ODS as submitted; (2) grant approval subject to specified additional guidelines; or (3) deny approval. Rejection of a submitted ODS shall be accompanied by a written documentation of the basis for rejection and suggestions for changes in the content of the submission. After approval by the Commission, the ODS shall serve as the basis for subsequent approval and final plan approvals sought by the landowner, and shall expire in three years. Section 6451 requires a Master Land Division Plan for parcels in the Skyline Area. Accordingly, the applicant has submitted a proposed future subdivision plan (Attachment C) showing a 40-acre subdivision of the southeastern portion of the property, most of which is outside of the Coastal Zone. This subdivision would consume the one remaining density credit not being used by the convent and retreat center. Tentative map submittal and approval of the Zoning Hearing Officer would be required. b. Development Standard Churches are allowed in the RM/CZ zoning district with a use permit. The proposed project meets all RM/CZ setback requirements, as well as Zoning ' Regulations Section 6402 which allows church buildings to be erected to a height not exceeding 75 feet. Regarding compliance with parking standards, the proposed project would have one 24-car parking lot. As the nuns do not own individual cars, the lot would serve primarily retreat and Sunday church service attendees. Based on the parking criteria for "rooming houses," the retreat center housing would require four parking spaces. The retreat center conference facility would require 18 parking spaces. The parking standard for churches is one space for every four seats. No seats are proposed for the chapel; attendees would stand during services. The applicant's maximum chapel attendance figure of 80 people (two times per year) divided by four yields 20 parking spaces. Given that the maximum church attendance figure would likely include any retreat visitors, staff believes that the proposed parking is adequate for normal use. A proposed condition of approval would require that carpooling or other ride-sharing measures take place during pilgrimages and feast days so that parking would not exceed the capacity of the lot. - 10 - j .�a'oeco orvaio!Ww.w A w.orosco yewmw iw[--X�� y To u..[ti roman wTo - RMtez . \ \ I "%: RM . VOilll 4 � a]N•LMS \('m tee \\ 1 non�w r'mil Applicant: Attachment. File Numbers: _ ' -- Regional Open S, ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT August 1, 1997 Mr. Larry Coons, Director Santa Clara County Open Space Authority 298 Garden Hill Drive Los Gatos, CA 95030 Dear Larry: As we discussed, I'd like to invite the Board of Directors of the Santa Clara County Open Space Authority to attend a joint meeting/workshop with the Midpeninsula Regional Open Space District's Board of Directors. Over the past few months, the District Board has been holding community workshops to gather input, suggestions, comments, and ideas for the development of the District's Regional Open Space Plah. This plan will provide a blueprint for the future of the District, and will describe areas of desired acquisition, the potential development of trails, parking areas, and related facilities, the corresponding staffing needs, and the potential costs of these programs. The plan is being designed to show what the District and the region might look like in the next 20 \ears. The participation of the Authority Board is essential to the development of this plan. At the meeting, a draft plan will be available for the Authority Board's review. During the meeting, we will ask the Authority Board to participate in,a workshop exercise which entails discussing and answering a variety of policy questions affecting the District and the region. The results of the workshop will be incorporated into the development of the Regional Open Space Plan. Authority Board members may also find the discussion and results useful in their own deliberations of open space issues. propose that the joint meeting%workshop take place here at the District office on Wednesday, October 15, 1997, from 7:30 p.m. until 9:30 p.m. Please let me know if this works for the Board's schedule. This will be a fully-noticed official meeting of the District Board, and standard notification for an Open Space Authority Board meeting must also take place. Light refreshments will be served. Thank you for the opportunity to bring the Open Space Authority Board into the process of developing the District's Regional Open Space Plan. Sir(cerely, L. Craig B m n------ General Manager LCB/mcs cc: MROSD Board of Directors 0 T44 4 Uku 5�44� Celebrate 25 Years of Open Space Preservation 330 Distel Circle • Los Altos, CA 94022-1404 • Phone:415-691-1200 • 1972-1997 • FAX:415-691-0485 • E-mail:mrosd@openspace.org • Web site:www.openspacQ.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 )ce ------------------ MIDPENINSULA REGIONAL OPEN SPACE DISTRICT August 1, 1997 Mr. Paul Romero, Director Santa Clara County Department of Parks and Recreation 298 Garden Hill Drive Los Gatos, CA 95030 Dear Paul: As we discussed, 1'd like to invite the Santa Clara County Parks and Recreation Commission to attend a joint meeting/workshop with the Midpeninsula Regional Open Space District's Board of Directors. Over the past few months, the Board has been holding community workshops to gather input, suggestions, comments, and ideas for the development of the District's Regional Open Space Plan. This plan will provide a blueprint for the future of the District, and will describe areas of desired acquisition, the potential development of trails, parking areas, and related facilities, the corresponding staffing needs, and the potential costs of these programs. The plan is being designed to show what the District and the region might look like in the next 20 years. The participation of the Commission is essential to the development of this plan. At the meeting, a draft plan will be available for the Commission's review. During the meeting, we will ask the Commission to participate in a workshop exercise which entails discussing and answering a variety of policy questions affecting the District and the region. The results of the workshop will be incorporated into the development of the Regional Open Space Plan. Commission members may also find the discussion and results useful in their own deliberations of County Parks issues. l propose that the joint meeting/workshop take place here at the District office on Wednesday, November 5, 1997, from 7:30 p.m. until 9:30 p.m. Please let me know if this works for the Commission's schedule. This will be a fully-noticed official meeting of the Board, and standard notification for a Commission meeting must also take place. Light refreshments will be served. Thank you for the opportunity to bring the Commission into the process of developing the District's Regional Open Space Plan. �incerely, L.)SaigBritton General Manager LCB/mcs cc: MROSD Board of Directors ry�y Celebrate 25 Years of Open Space Preservation 330 Distel Circle Los Altos, CA 94022-1404 • Phone:415-691-1200 • 1972-1997 • FAX:415-691-0485 • E-mail: 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 SOce 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT August 1, 1997 Mr. Pat Sanchez, Director San Mateo County Department of Parks and Recreation 590 Hamilton Street Redwood City, CA 94063 Dear Pat: As we discussed, I'd like to invite the San Mateo County Parks and Recreation Commission to attend a joint meeting/workshop with the Midpeninsula Regional Open Space District's Board of Directors. Over the past few months, the Board has been holding community workshops to gather input. suggestions, comments, and ideas for the development of the District's Regional Open Space Plan. This plan will provide a blueprint for the future of the District, and will describe areas of desired acquisition, the potential development of trails, parking areas, and related facilities, the corresponding staffing needs. and the potential costs of these programs. The plan is being designed to show what the District and the region might look like in the next 20 years. The participation of the Commission is essential to the development of this plan. At the meeting, a draft plan will be available for the Commission's review. During the meeting, we will ask the Commission to participate in a workshop exercise which entails discussing and answering a variety of policy questions affecting the District and the region. The results of the workshop will be incorporated into the development of the Regional Open Space Plan. Commission members may also find the discussion and results useful in their own deliberations of County Parks issues. I propose that the joint meeting/workshop take place here at the District office on Wednesday. September 17, 1997, from 7:30 p.m. until 9:30 p.m. Please let me know if this works for the Commission's schedule. This will be a fully-noticed official meeting of the Board, and standard notification-for a Commission meeting must also take place. Light refreshments will be served. Thank you for the opportunity to bring the Commission into the process of developing the District's Regional Open Space Plan. Si cerely, L. Craig Britton General Manager LCB/mcs cc: MROSD Board of Directors Celebrate 25 Years of Open Space Preservation 330 Distel Circle Los Altos,CA 94022-1404 • Phone:415-691-1200 • 1972-1997 • FAX:415-691-0485 • E-mail: 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 Date: Thu, 31 Jul 97 10:25:03 -0700 To: mrosdgopenspace.org From: "David T. Smernoff' <dsmernoff@mail.arc.nasa.gov Subject: UPDATE: Wash.Post uncovers interesting $$ figures HEADWATERS FOREST UPDATE July 30 , 1997 WASHINGTON POST UNCOVERS DIFFERENT FIGURE FOR HEADWATERS WORTH: $20 MILLION,NOT $500 MILLION Last week a Washington Post article discussed the controversy surrounding the acquisition of 7,500 acres of Headwaters Forest with $380 million dollars of public monies. According to the article, critics call the Hurwitz deal a bad precedent and gross overpayment. Government negotiators and Pacific Lumber cite a four-year-old tJ.S. Forest Service assessment that estimated the value of the 7,500 acres of timber to be $500 million. However, that appraisal is based on the false assumption that loggers could harvest almost all of the trees, unhampered by environmental regulations. Last year a consulting firm incorporated restrictions from current environmental regulations and appraised the land's value at $20 million, and absent those restrictions, $250 million. In addition to the controversy over the appraisal and payment, environmentalists are apprehensive about the management of the nearly 200,000 acres of Pacific Lumber land not included in acquisition talks. The management plan that covers the remainder of Pacific Lumber's land would allow the company to log on parts of its land -- possibly including the remaining four ancient redwood groves -- that ordinarily would be afforded more strict environmental control under the Endangered Species Act. Many argue that if the ESA, which calls for the recovery of declining species, were truly implemented, greater protection would be provided for the Headwaters Forest. ON-THE-GROUND UPDATE Pacific Lumber is continuing to implement timber harvest plans on its property, including in the Headwaters Forest. Between January 1996 and July 1997, over 2,100 acres of the 60,000-acre forest have been targeted for logging. This includes logging of"residual" forest, ancient groves that have been selectively logged, yet still provide important habitat for endangered species including the marbled murrelet. Yager Creek, one of the areas currently targeted for logging, has already been degraded by Pacific Lumber's cut-and-run logging practices. In 1964, the Department of Fish and Game noted that salmon were abundant in the watershed and that the area contained excellent spawning areas. Now, only 3 percent of the basin is considered good salmon habitat. Despite the California Department of Fish and Game's and the Department of Forestry's expressed concern over the ecological impacts of Pacific Lumber's logging practices, the agencies are continuing to approve logging plans without conducting wildlife surveys. For more information on logging in Headwaters Forest and the surrounding area, call the Environmental Protection Information Center at 707-923-29')1. VOLUNTEERS COLLECT OVER 500 SIGNATURES FOR HEADWATERS ... IN ONE WEEKEND Stellar activist Rebekah Haglund of Sonoma Earth Action handed in a sheaf of petitions last week containing over 500 signatures of citizens urging President Clinton to bring about the protection of all 60,000 acres of Headwaters Forest, not just the 7,500 acres addressed by the current government acquisition deal. Haglund, with the help of a few friends, collected all 542 signatures in just one weekend. The equally ambitious Bruce Campbell of Los Angeles followed suit a week later, turning in over 400 signatures of citizens from all over the U.S., and even some from overseas. Bay Area Action (BAA), one of many organizations working to protect Headwaters Forest, will be directing the petitions to the White House. BAA has a NEWLY REVISED petition available for any volunteers who would like to make their voices -- and the voices of others -- heard by the administration. Please email mark(c�enews.org for copies of the new petition, or call BAA at 415-321-1994. For back issues of this series of updates, as well as general Headwaters background information, call the Headwaters Sanctuary Project at 510-444-47 10, or see the Headwaters website at http://www.enews.org, where all weekly updates will soon be archived. Also, if you have suggestions for news items and/or quotes for these weekly updates and alerts, please call the Headwaters Sanctuary Project at 510-444-4710 or email helenwag((�/aol.com Thank you! S E N T B Y the Headwaters Sanctuary Project and Bay Area Action. Repost at will -- Please include all attributions & contact info. www.enews.org I mark(a),enews.org