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Home My Public Portal About19990113 - Agendas Packet - Board of Directors (BOD) - 99-02 LRLegional en ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-02 REGULAR AND SPECIAL MEETING BOARD OF DIRECTORS AGENDA* 6:00 P.M. 330 Distel Circle Wednesday Los Altos, California January 13, 1999 ***PLEASE NOTE*** 6:00 P.M. Closed Session Start Time 7:30 P.M. Public Meeting Start 7 me (6:00) ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS CLOSED SESSION The Closed Session will begin at 6:30 P.M. At 7:30 P.M., the Board will adjourn the Special Meeting Closed Session to the conclusion of the Public Meeting, and at the conclusion of the Public Meeting, the Board may reconvene the Special Meeting Closed Session. 1. Conference With Real Pray Negotiator - Government Code Section 54956.8 Real Empeily: Santa Clara County Assessor's Parcel Numbers: 544-28-004; 544-29-006; 544-30-002 & -003; 544-31-002, -003, & -004; 544-33-001, -002, & -003; 544-33-014; 544-50-001; 544-50-004; 544-56-004; 558-41-007; 558-41-011; 558-41-017 & -018; and 558-42-001. Agency NeN Negotiators: L. Craig Britton and Susan Schectman Negotiating Parties: Arlie Land & Cattle Company, John Musumeci Under Negotiations: Instructions to negotiator will concern price and terms of payment. 2. Conference with Legal_ Counsel - Anticipated Litigation - Government Code Section 54956.9(b) Significant exposure to litigation No. of cases: 1 3. Conference With Real Pr=a Negotiator - Govemment Code Section 54956.8 10 Dislel Circle . (os Altos, CA 94022-1404 . Phone: 0-M-01H-1 200 �y FAX: 0 i0--091 0485 . f-mail: mrosd�t)ol>en5ltace.org . Weh tiite: nw n.opentiptce.org Soar/o/Oircr<tort:Pete Siemens,Nljn C. 17�ney, led Cyr, Deane I ittle, Nonette I lanko, ket,y(rt»icier,Kenneth t . Ait/ . (.etret,tl A-1,tn,� er:I ( =,i Iiritlnn Meeting 98-27 Page 2 I Real Pro=rty: Santa Clara County Assessor's Parcel Numbers: 503-36-022, -023, - 024 ns 530-42-001 Agency Negotiators: Michael Williams, L. Craig Britton, and Susan Schectman Negotiating Parties: Bill Foster and Steve Bardin Under Negotiations: Instructions to negotiator will concern price and terms of payment. (7:30) PUBLIC MEETING OF THE BOARD OF DIRECTORS ** ORAL COMMUNICATIONS -- Public ADOPTION OF AGENDA *** ADOPTION OF CONSENT CALENDAR -- B. Crowder *** APPROVAL OF MINUTES October 21, 1998 (Consent Item) October 28, 1998 (Consent Item) BOARD BUSINESS (7:45) 1. Administer the Oath of Office to Betsy Crowder, Newly Elected Director -- D. Dolan (7:50) 2. Election of Board Officers for 1999 -- D. Dolan (8:05) 3. Public Hearing Pursuant to Government Code Section 6586.5 on the Proposed 1999 Revenue Bond Financing by the Midpeninsula Regional Open Space District Financing Authority and the Significant Public Benefit Thereof and the Final Approval of the Issuance of Such Bonds -- C. Britton Resolution Approving the Issuance of the Midpeninsula Regional Open Space District Financing Authority 1999 Revenue Bonds and Determining That There are Significant Public Benefits to the District From the Issuance of Such Bonds (8:15) 4. Acceptance of Grant in the Amount of$200,000 from the David and Lucile Packard Foundation for Planning and Research Related to the Proposed Annexation of the San Mateo County Coastal Area into District Jurisdiction -- C. Britton Resolution Accepting a Grant in the Amount of$200,000 from the David and Lucile Packard Foundation for Planning and Research Related to the Proposed Annexation into District Jurisdiction of the San Mateo County Coastal Area (8:20) 5. Appointment of Administration and Budget Committee for 1999 -- D. Dolan *** 6. Authorization for Director Little to Attend the 1999 Special District Board Management Institute at a Projected Cost of$1200 -- C. Britton Meeting 98-27 Page 3 *** 7. Approval of One-Year Consulting Services Agreement with Heim, Noack, Kelly & Spahnn for Consulting Fee of$1,100 Per Month -- C. Britton *** 8. Approval of Retainer Agreement for Legal Services With the Law Firm of Miller, Starr and Regalia -- S. Schectman (8:25) 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. Scott Boyd, 11: 46 2/22/98, bureaucrats? Return-Path: Scott@montara . com Date : Tue, 22 Dec 1998 11 : 46 : 56 -0800 To: mrosd@openspace . org From: Scott Boyd <scott@montara . com> Subject : bureaucrats? X-Rcpt-To: mrosd@openspace. org I am very sorry that I was unable to attend your last meeting. I am also sorry that my email to the board was not included in the board packet . I fault myself for getting it to you as late as noon that day. Am I to understand that officials from PMAC, MCC, and Half Moon Bay were characterized by a board member as bureaucrats? I find that characterization, if indeed it was made, to be offensive . They are, by and large, ELECTED members of the community who volunteer large quantities of their personal time to provide representation for the people of their respective communities . The notion that these elected community members are somehow non-representative is offensive, and shame on anyone who would suggest it ! Our public servants deserve the highest praise for the volunteering of their time and energies, not denigration, much less from another elected official . I count it a privilege to have them working for the coastside, and to be able to work alongside many of them. Sincerely, Scott Boyd Montara [I speak only for myself, but should mention that I am a director of the Montara Sanitary District, appointed to fill a vacated seat] (Printed for Open Space District <mrosd@openspace.org> 1 I sara nebeling, 12 :W,M 12/23/98, No Subject Return-Path: saraboo@hotmail .com X-Originating-IP: [206. 170 . 6 . 1101 From: "sara nebeling" <saraboo@hotmail . com> To: mrosd@openspace . org Date : Wed, 23 Dec 1998 12 : 03 : 18 PST X-Rcpt-To: mrosd@openspace .org Hello, my husband and I wish to express our objections to having a representative on MROSD' s Coastal Commission from CUSD. It seems that this commission is already too weighted on the side of anti-Measure F. Thank You, and Happy Holidays Sara and Marcus Nebeling Half Moon Bay, CA Get Your Private, Free Email at http: //www.hotmail .com lPrinted for Open Space District <mrosd@openspace.org> Regional Qpe4Wace • Ao%___ V MIDPENINSULA REGIONAL OPEN SPACE DISTRICT January 5, 1998 Mr. Colburn S. Wilbur Executive Director The David and Lucile Packard Foundation 300 Second Street, Suite 200 Los Altos, CA 94022 Subject: Grant#98-4871 (San Mateo County Coastal Annexation Project) Dear Mr. Wilbur: Thank you for informing me in your December 15 letter that the Board of Trustees of the David and Lucile Packard Foundation has approved the grant request submitted by the Midpeninsula Regional Open Space District in the amount of$200,000. This grant will enable the District to fully carry out many of the research and planning elements of its proposed annexation of the San Mateo County coastal area. I placed formal acceptance of the grant on the agenda for the District's Board of Directors January 13, 1999 regular meeting. Subsequent to the Board's acceptance, I will sign and date one copy each of the Award Letter and Conditions of Grant, as you requested, and return them to you. Again, thank you for your consideration, and that of the Foundation's Board of Trustees. We look forward to continuing our work towards permanent protection of the irreplaceable natural values of the San Mateo County coast. Sincere , L. Crai Britton General Manager LCB/mcs cc: MROSD Board of Directors 330 Distel Circle . Los Altos, CA 94022-1404 . Phone:650-691-1200 FAX:650-691-0485 . E-mail: mrosd@openspace.org . Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little,Nonette Hanko,Bets%Crowder,Kenneth C.Nitz . General Manager:L.Craig Britton Regional Ope ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT January 5, 1999 Mr. David Hansen General Manager Sonoma County Agricultural Preservation and Open Space District 747 Mendocino Avenue, Suite 100 Santa Rosa, CA 95401-4850 Dear David: The news of your resignation sent a shock wave throughout the Bay Area land conservation community! This came as a great surprise to us, and I'm sure to many others in the field. Your departure is a loss to Sonoma County -- I hope that it will be to the benefit of another agency in the area. On behalf of the Board and staff of the Midpeninsula Regional Open Space District, I want to congratulate and thank you for all the fine land Preservation work you've done in Sonoma County, Marin County, and here at the District. Your track record in Sonoma is especially noteworthy, with over 28,000 acres of agricultural land protected. Your work with the Bay Area Open Space Council has also been impressive, and I hope that you'll be in a position to continue your efforts with that group. If you end up with some free time,please plan to spend some of it exploring the many acres of land we've acquired here on the peninsula since you left here eight years ago. I think you'll appreciate our continuing efforts,just as we appreciate and applaud yours. Good luck to you in whatever endeavors you choose to pursue. I wish you nothing but success. Sincerely, Betsy Crowder President BC/mcs cc: MROSD Board of Directors 330 Distel Circle . Los Altos, CA 94022-1404 Phone: 650-691-1200 FAX: 650-691-0485 * E-mail: mrosd@openspace.org Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C. Davey,led Cyr,Duane Little, Nonette Flanko,Betsy Crowder,Kenneth C.Nit7 . General M,imiger:L.Craig Britton Decelb 15, 1998 Board of Directors Sonoma County Agricultural Preservation and Open Space District 575 Administration Drive, Rm. I OOA Santa Rosa, CA 95403 S 01N 0 tit A C011 NTY Dear Board of Directors: AGRIC Uf,1'11RA L PRESERVATION It is with deep regret that I submit my resignation effective February 26, 1999 & OPEN SPACE and subsequent retirement in June, as General Manager of the Sonoma County D I S T R I C T Agricultural Preservation and Open Space District. I am doing this principally because of some personal health concerns and the need to take a new 747 Mendocino Avenue professional direction at this time of my life. This will likely be in the art or Suite 100 Santa Rosa, CA landscape architectural field. I will continue to pursue the protection of 95401-4850 agricultural and natural resource lands as an avocation. (707)524-7360 Fax:(707) 524-7370 As you know, I have worked continuously for public open space preservation David Wrn. Hansen since 1974. During that time, I have worked with three Bay Area Open Space Ge-ncral Managcr Districts, culminating in the executive position with the Sonoma County Agricultural Preservation and Open Space District. As the original employee.of the District, my prior twenty years plus of knowledge and expertise specific to land preservation and management with the Marin County and Midpeninsula Open Space Districts played as integral part in building the foundation of Sonoma County's Open Space Program. The District was created in November 1990. 1 was hired in June of 1991, after a statewide search for a General Manager. In the subsequent 7-1/2 years, the District, under your direction and my leadership, has cultivated a reputation as a shining example for successes in land preservation. We have protected significant agricultural and open space lands around and between the cities and added almost 1700 acres of parklands to the County. I have been contacted by numerous officials throughout the United States as well as Japan and the Netherlands who are interested in developing a similar program in their areas. Nationally, we are third all-time of all the counties in the United States for protected agricultural acres and we lead all counties throughout the State of California in securing 28,300 acres of protected agricultural land to date. We currently have fifty projects in progress consisting of approximately 30,000 additional acres, making us the most active local program in the country. This has been accomplished with a staff of ten or less. Last year I was elected by my peers, and currently serve a two-year term, as the first Chairman of the Bay Area Open Space Council. Board of Directors December 15, 1998 I will be leaving the District during a crucial, but extremely promising period. The Implementation Plan for the recent Organizational Assessment was completed in October and made available for your formal review and acceptance. Under your direction, I have worked with the subcommittee commencing the implementation of the numerous tasks listed in the Plan. In addition, review and update of the District's Acquisition Plan has commenced with crucial policy issues to be resolved and adopted by next summer. District staff is unified and working as an effective team. They have been, and continue to be, an outstanding professional asset from the beginning days of the District, believing in our goals and what we are achieving. I have always appreciated their hard work and support. Thank you for the opportunity to craft the District from its infancy into what it is today. I have enjoyed working with each of you, the Authority Board members, the Advisory Committee members and the general public. My entire professional life has been devoted to public service. I wish the best to all of you and the District. Very truly yours, David Wm. Hansen General Manager c:Tom Schopflin,County Administrator f TAX AGENCY Open space manager • Manager $2 uper profit. re�� Supervisors met in closed ses- sion several times in recent months to consider Hansen's per- ay rom CHORNl;nu Continued from Page Bl formance, most recently on Tues- Staft wr4aer advisory panels for a variety of day. Although the board emerged Dogged by oversight problems. Specifically, from the session without any com ," criticism over the audit questioned Hansen's abil- ment,sources close to the supervi- SUP— his manage- ity to provide clear day-today sors said the board was unanimous meat skAls and direction and policies to staff. in its willingness to terminate A016*, his decisions on Several of the district land Ares- Hansen's contract. Two hours lat- public spend ing,the general ervation projects also became em er, Hansen submitted his letter of manager of the broiled in controversy, including resignation. the second one ever undertaken Kelley said a member of the Sonoma County 0 d Y open space dis by Hansen. The 1992 plan to county administrator's staff will tfanyeA trict resigned protect McCord Ranch, a 3,000- temporarily be assigned to help Tuesday to pur- acre cattle ranch east of Heaids- oversee the district and its $11 sue other interests. burg,sparked public debate when million annual income from sales been David � who had been was discovered that a private tax. He said he expects the board of the pu blicly funded P � the head � cly land trust was attempting to bra will want to conduct a national land conservation program since it while c r the deal htl a search for a replacement. was created by voters in 1996,had ker earning p been under fire several times during his tenure, both by critics in the public and by his employers. the Sonoma County Board of Su- pervisors. But his supporters also pointed out that Hansen had a difficult job handling the many competing in- terests surrounding the politically charged agency. They noted that under Hansen's leadership, the Sonoma County Agricultural Pres- ervation and open Space District has protected more than 28,000 acres of land from development. "He had a difficult job." said Supervisor Paul Kelley. "But we were concerned with how the district was operating and had been concerned about it for some time." Hansen, who came to Sonoma County after nine years as the land manager of the Mid-Peninsula Regional Open Space District, drew his most serious rebuke from supervisors in September over plans for an invitation-only recep- tion to celebrate the accomplish- ments of the district that would have cost taxpayers$10,000. Supervisors were angry that they were not alerted about the party plans until after arrange- ments had been made and invita- tions sent. Hansen was forced to cancel the party a short time later, issuing a public apology. The party plans came only three - months after a management audit criticized Hansen,the supervisors and meiubers of two open space See Manaeer.Pake 83 Bill and Kathy Korbholz 640 Lakemead Way Redwood City, CA 94062-3921 , _ 1 DEC 221998 December 20,1998 SOL E0i0fW1 t0E NSTF'C T Board of Directors MROSD 330 Distel Circle Los Altos,CA 94022-1404 Dear Board Member, The Board meeting of last Wednesday,Dec. 16 succeeded in raising the Board's and Staffs awareness of public sentiments regarding the proposed Basic Policy revisions. I believe the turnout of what must have been close to 100 people,plus the more than 150 pieces of written correspondence,are a clear indication of how strongly many of us feel about how the District will preserve and manage open space. However,the Board failed to reach a conclusion to this issue,and for me,that was a terribly disappointing outcome. With respect,I would like to provide my observations from last Wednesday's meeting,together with some suggestions that I hope will move the Board to a speedy decision. OBSERVATIONS ■ Public sentiment,both from written correspondence and from speakers at the meeting,runs strongly in favor of Alternative 1. (Written correspondence favored this alternative by a 2- to-1 margin;one mountain biker even spoke in favor of it.) ■ Despite this strong public support for Alternative 1,and despite the Staff s repeated recommendation to adopt Alternative 1,and despite the fact that the District has managed open space according to the principles of Alternative 1 for its entire history,the Board attempted to wordsmith Alternative 2(which many of us had never even seen before that night)in real time into an acceptable policy. ■ Many people object to the use of the words"Basic"and"Special"in conjunction with usage categories. (While these terms accuratetyt characterize usage distinctions,the terms were interpreted as labels that certain users felt were pejorative,or,amazingly,even discriminatory) ■ Alternative 1 is a stronger statement of policy than Alternative 2 because it clearly affirms that the fundamental usage of open space is for pedestrians (with reasonable accommodation for people with disabilities). This is a basic principle that the Board must support. This principle needs to be embodied in the Basic Policy,and Alternative 2 is moot on this point. Much of the feedback that the Board received addressed this point. It is absolutely undeniable that pedestrians create the least impact on the environment and on other users,and it is perfectly reasonable and logical that this principle be a part of the Basic Policy. (The question was raised of impact due to off-trail pedestrian usage,e.g. from orienteering. I would maintain that while damage could be caused by off-trail pedestrians,it is a very remote possibility,and pales in comparison with the off-trail damage that is caused today by cyclists.) r Korbholz Page 2 RECOMMENDATION I strongly urge the Board to adopt Alternative 1 with the following minor revision:change the usage category designations from"Basic" and"Special" to"Level 1" and"Level 2". This would minimize the negative associations that some users have with these labels,while maintaining an implicit sense of priority for fundamental pedestrian use. This revised Alternative 1 accurately reflects the existing founding principles and mission statement of ;NIROSD,aligns with Staff recommendations and current management practices,supports the overwhelming majority of users and stakeholders who have come forward on this matter,and addresses the brunt of the criticism voiced against this alternative. Remember,that this policy revision does not restrict access,except inasmuch as it legitimizes Staffs current practice of evaluating impacts before opening trails to all users. This is a reasonable approach to open space management which supports the District's stated priority of placing resource protection ahead of access. Sincerely, ' cc: Craig Britton Randy Anderson ,s Malcolm Smith J Regional Openlopace 2 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT INTER-OFFICE MEMORANDUM TO: C. Britton, Ge}neral Manager �../ FROM: M. Williams, Real Property Representative DATE: December 21, 1998 SUBJECT: Kelsey Property Addition to Sierra Azul Open Space Preserve Escrow closed for the subject transaction on December 18, 1998 and title to and possession of this 26.66 acre parcel passed to the District. I am not aware of any use and management concerns that were not addressed in the staff report to the Board. In accordance with the public notification policy, and since there were no public and/or adjoining owner comments which might require amendment to the use and management recommendations, close of escrow marks the final adoption of the preliminary use and management plan recommendation as tentatively approved by the Board of Directors at their meeting of November 12, 1998. DEDICATION CHART INFORMATION Dedication Board status Approval Closing Dedication (Intended or Preserve Area Grantor Date Date Date Acres Withheld?) Notes Sierra Azul Cathedral Oaks Kelsey 11-12-98 12-18-98 26.66 Withheld cc: Board of Directors D. Dolan Operations Accounting Planning H:VSIERRA\Kelwy Closing Memo.wpd 330 Distel Circle . Los Altos, CA 94022-1404 . Phone:650-691-1200 FAX: 650-691-0485 . E-mail: mrosd@openspace.org openspace.org . Web site:www.openspace.org ip6oxd of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane.Little, Nonette Hanko,Betsy Crowder,Kenneth C. Nitz . General Atam iger:L.Craig Britton SIERRA AZUL OPEN SPACE PRESERVE Midpeninsula Regional Open Space District 2800 ` NXc S ROda `ems loon `- \__►vow 6& El Sombroso v \1 � T:UM Fi UM AREA`•• 1400 1600 �oFa1800O / d = 1 i i i 2000 / I • i 0 - J , PROPOSED ACQUISITION MARDEN (0 AC.) zaoo 11 Mt.Thayer li 0 3�4813' �, 2600 a, ='�° •�� PROPOSED ACQUISITION 2800 KELSEY (26.66 AC.) Mt._Um nu hum ald A 3,486' Mountain _,. CLOSED � � , - AREA \ II 0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.01(Y^�}; One Mile \ - s.. �YNIRIT A- JR(IPFRTY I (1('ATI(lNl I1AAP t vva Regional Openobce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT INTER-OFFICE MEMORANDUM TO: C. Britton, General Manager FROM: M. Williams, Real Property Representative DATE: December 21, 1998 SUBJECT: Calvillo Property Addition to Sierra Azul Open Space Preserve Escrow closed for the subject transaction on December 11, 1998 and title to and possession of this 41.66 acre parcel passed to the District. I am not aware of any use and management concerns that were not addressed in the staff report to the Board. In accordance with the public notification policy, and since there were no public and/or adjoining owner comments which might require amendment to the use and management recommendations, close of escrow marks the final adoption of the preliminary use and management plan recommendation as tentatively approved by the Board of Directors at their meeting of November 12, 1998. DEDICATION CHART INFORMATION Dedication Board status Approval Closing Dedication (fended or Preserve Area orantor Date Date Date Acres Withheld?) Notes Sierra Aml Cathedral Oaks Calvillo 11-12-98 12-11-98 41.66 Withheld cc: Board of Directors D. Dolan Operations Accounting Planning H:\SIERRA\Calvillo Closing Memo.wpd .130 Distel Circle . Los Altos, CA 9402 2-1 404 . Phone:650-691-1200 FAX: 650-691-0485 . E-mail: nirosd@openspace.org openspace.org Web site:www.openspace.org Board of Directors:Pete Siemens,,Mary C. Davey, led Cyr, Deane Little, Nonette Nanko, Betsy Crowder,Kenneth C. Nitz . Gvneril hianayer:L.Craig Britton SIERRAglilLZUL OPEN SPA RESERVE 1 Midper nsula Regional Open Space District 2200 1.6 .KENN�EDY-LIMEKILN-A" A 2800 N csaI a '•� 1 ' �vo 2000 2400 2aoo 2400 �• •�L_ �Zjl 400 � 1 \ 1200 2200` 2600 g _ Sa Y o� 100d \ � K 1 CATHEDRA OAKS AREA` 1600 t C-alvillo Road „ � �Oxd w l `\ A x �� _`�' u PROPOSED A UISITION CALVILLO (41.66 AC.) '•:3.`�F ~�ii��'�La' �, .Lr'`t.'c .+.e r+xfi t +�+,.. ��'� �l' ;r x 41 �� 0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 _ - .. . A One Mile -3 $�.�" �Ta1 ��u ,� fir';?+• �.s- r �- 11/98 EXHIBIT A: SITE LOCATION MAP Regional Qpetoace 1 �y MIDPENINSULA REGIONAL OPEN SPACE DISTRICT December 17, 1998 Honorable Paul Perkovic, Chair MidCoast Community Council P.O. Box 64 Moss Beach, CA 94038 Subject: Invitation for MidCoast Community Council to Appoint Representative to the Coastal Advisory Committee Dear Mr. Perkovic: At its meeting of June 24, 1998 the Board of Directors of the Midpeninsula Regional Open Space District declared its intent to form a Coastal Advisory Committee. The purpose of the Committee is to review and make recommendations to the Board on certain District policies as they relate to the coastal area of San Mateo County under consideration for possible annexation into the District. The policies to be reviewed are those on land acquisition, eminent domain, and agricultural use, which were identified as the key issues of concern to coastal land owners and voters. After Measure F passed on November 3 by a vote of 55% "yes" to 45% "no," the Board directed its Ad Hoc Committee on Coastal Preservation to proceed with a recommendation for the process of establishing the Coastal Advisory Committee. Following Ad Hoc Committee discussions with stakeholders, interested individuals, local government representatives, and an annexation and planning consultant, the Board of Directors, at a public meeting on December 16, 1998, decided that each of the following organizations will be invited to appoint one of their members to the Coastal Advisory Committee: Pescadero Municipal Advisory Council, Half Moon Bay City Council, MidCoast Community Council, San Mateo County Board of Supervisors, San Mateo County Farm Bureau, San Mateo County Agricultural Commission, Cabrillo Unified School District, and Peninsula Open Space Trust. In addition, the three members of the District's Ad Hoc Committee will serve as District representatives on the Coastal Advisory Committee. These eleven members will then select two additional individuals who represent a group or groups which are otherwise un-represented, or under-represented, on the committee. I would like to invite your group, as one of the key stakeholders or representative agencies on the coastside, to appoint one of your members to the Coastal Advisory Committee. It will be important to select individuals who have coastside experience or interest in agriculture, farming, and open space in order to ensure that these interests are prominently represented. Part of the Committee's responsibility will be to incorporate input from over 40 identified stakeholder or interest groups that may wish to provide comment on the District's policies as they undergo review. 330 Distel Circle . Los Altos, CA 94022-1404 . Phone:650-091-1200 FAX: 650-691-0485 . E-mail: mros(l4_J1)open space.org . Web site:www.ol)enspace.org Board of Directors:Pete Siemens,Mary C. Davey,led('yr, Deane Little, Nonette Hanko. Retsv Crowder, Kenneth C. Nitz . Genera(Man iger:L.Craig Britton December 17, 1998 Honorable Paul Perkovic Page -2- I respectfully request that you respond to the District on behalf of your group by January 15, 1999, if at all possible, so that the first Committee meeting can be scheduled without delay, hopefully before the end of January. The first order of business of the Coastal Advisory Committee will be to decide on the appointment process for two additional members. Subsequently, the CAC will elect a chair, set ground rules, determine other rules of procedure, establish objectives, and set an initial schedule of meetings. These meetings will be open to the public. Please feel free to contact me or the District's General Manager, Craig Britton, if we can provide any assistance to you or answer any questions about your organization's representation on the Coastal Advisory Committee. We look forward to hearing from you by January 15, and commencing with this very important task. Sincerely, Betsy Crowder President BC/mcs cc: MROSD Board of Directors This letter sent to: Honorable Paul Perkovic, Chair MidCoast Community Council P.O. Box 64 Moss Beach, CA 94038 Honorable Jerry Donovan, Mayor City of Half Moon Bay 501 Main Street Half Moon Bay, CA 94019 Honorable Meredith Reynolds, Chair Pescadero Municipal Advisory Council P.O. Box 249 Pescadero, CA 94060 Ms. Audrey Rust, Executive Director Peninsula Open Space Trust 3000 Sand Hill Road Building 4, Suite 135 Menlo Park, CA 94025 Honorable Tom Heuning, President San Mateo County Board of Supervisors 400 Government Center Redwood City, CA 94063 Mr. Jack Olson, Executive Administrator San Mateo County Farm Bureau 765 Main Street Half Moon Bay, CA 94019 Ken Jones, Chair Cabrillo Unified School District 498 Kelly Avenue Half Moon Bay, CA 94019 B.J. Bums, Chair Agricultural Advisory Commission 728 Heller Redwood City, CA 94063 0 0 MEMORANDUM from Del Woods Midpeninstila Regional Open Space District Date: December 15, 1998 To: Craig Re: Computer System Compliance for Year 2000 You requested information regarding the status of our efforts to be Year 2000 compliant. This request is difficult to respond to since it is a highly complex issue and we do not have the technical expertise to address it in a comprehensive manner. The simplest answer would be to tell you we were contracting with a consultant that has the expertise and more importantly, the time to conduct an in-depth assessment of the District's hardware and software and implement the changes necessary. Unfortunately, consultants with this expertise are in demand at the moment and hard to find. In light of this, I have tried to learn what impacts the Year 2000 problem can have on the District and develop a plan for addressing our needs. It should be pointed out that the Year 2000 problem goes beyond the computer system and will most likely affect our telephone system as well postage meter, answering machines, field equipment and communication devices and maybe even the heating system because these devices have embedded chips that control dates. Setting priorities for resolving Year 2000 computer issues is based on a cursory understanding of how potential problems will impact the mission-critical operations of the District. The following outlines the general problem associated with the Year 2000. The largest impact is on organizations and businesses that have accounts receivable where billing and posting were billing and accounting is dependent on date-arithmetic. An example is a utility company that bills a customer for gas and electric service from December 15, 1999 to January 15, 2000 where it is critical that the 2000 not be interpreted as 1900 and the bills be miscalculated. In our case, we do not have billings or payments that are dependent on our accounting software program. Our accounting software is primarily for keeping track of annual expenses. Although the District receives payments for rental property and makes payments for installment land purchases, these payments are tracked manually on a simple checklist to determine the correct amount and when they are due. These payments are then entered into our accounting software on but the program never is used to calculate amounts due or payable to the District. The Year 2000 problem will only affect the accounting program in terms of its ability to the production of internal reports that are used for budget monitoring and annual audits. As an example, we have to be able to produce budget reports from April 1, 1999 to March 31, 2000 and in order to do this the software needs to recognize the year 2000. Again, this problem is internal and a glitch would not seriously impact our operations as long as it was resolved within a reasonable amount of time. In regards to the payroll, PERS, and ICMS programs, calculations and accruals are based on date specific information. For each of these, we enter the information in a program provided to us by Accuchex, PERS and ICMS and forward the information to their system where it the calculations occur. It is therefore, their responsibility to assure us that their software is ready for the year 2000 and nothing will interrupt the payroll and related accruals. Other areas of concern are related to software used for individual employees for day to day tasks that may be date specific such as the trail use database. Examples of problems that may occur include 1) database reports could miscalculate results of a query if they are based on the difference between two dates, and 2) logs on the network or email may not work correctly if activities are based between two dates. In these instances, the impacts may be frustrating but are not mission-critical and would not seriously impact the overall operation of the District. The following is an outline of tasks and prioritization for resolving the Year 2000 problem for the computers. Similar evaluations and plan need to be prepared for other e ui ment. Priority Issue Status Mission- critical 1, Each computer needs its bios evaluated Conducting bios test when servicing Yes and upgraded if necessary;upgrades are each computer;5 complete. available on internet. 2. Operating system needs to be updated if Conducting OS test when servicing each Yes not compliant;Win 98 is compliant but not computer; 5 complete stable. Win 95 repair avaible on internet. For computers running important dos programs such as accounting,Dos needs to be compliant and an upgrade is not yet available. 3. Timespan Accounting software may not be Request of certificate of compliance, Yes compliant and should be in March for testing methods and/or schedule for 99/00 budget preparation. modifications has been sent to vendor. 4. Accuchex,PERS,and IMS software may Request of certificate of compliance, Yes not be compliant and should be by end of testing methods and/or schedule for 1999. modifications has been sent to vendor. 5. Network and associated programs Artisoft is being contacted for including Xmail,Eudora, I-share may not compliance. be compliant and should be as soon as possible. 6. Spreadsheet and database programs may Office 97 is being loaded as time Yes not be compliant so everyone should permits; 15 computers are completed. upgrade to Office 97.and repaired with upgrade available on internet. 7. Assessment of all other programs should Requesting assistance from be conducted and modified as necessary. Com umentor and volunteer. Regional Oper4pace 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT December 15, 1998 Mr. Neale E. Brassell Timespan International, Inc. 4200 Scotts Valley Drive, Suite G Scotts Valley, CA 95066 Subject: Year 2000 Compliance for Timespan Accounting Program Dear Mr. Brassell: On behalf of the District's Board of Directors, I am requesting information regarding your product's ability to accommodate the Year 2000. As a public agency, we are required to provide this information to our investment bankers and insurers to assure them their will be no interruption to our operations in the coming year. We are requesting from you a statement of compliance and certification that your software is ready for the Year 2000 and directions on specific tests we can perform to substantiate this readiness. We are currently using version 6.10 released April 1, 1993. If your software does not comply at this time, we are requesting a detailed explanation as to where you are in the process of meeting this challenge and a commitment as to when the modifications will be complete. Please provide us this information no later than January 15, 1999. Si cereiy, L.- ritton, General ager cc: Board of Directors 330 Distel Circle . Los Altos, CA 94022-1404 . Phone: 650-691-1200 FAX:650-691-0485 . E-mail: mrosd@openspace.org . Web site:www.openspace.org Board of Oirectors:Pete Siemens,Mary C. Davey, led Cyr, Deane Little, Nonette Hanko,Betsy Crowder,Kenneth C.Nitz . General Atanager:L.Craig,Britton Regional Opera*ace 2 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT December 15, 1998 Mr. Jim Ruhland Accuchex 7 Mt. Lassen Drive, D-250 San Rafael, CA 94903 Subject: Year 2000 Compliance for Accuchex Payroll Program Dear Mr. Ruhland: On behalf of the District's Board of Directors, I am requesting information regarding your product's ability to accommodate the Year 2000. As a public agency, we are required to provide this information to our investment bankers and insurers to assure them their will be no interruption to our operations in the coming year. We are requesting from you a statement of compliance and certification that your software is ready for the Year 2000 and directions on specific tests we can perform to substantiate this readiness. If your software does not comply at this time, we are requesting a detailed explanation as to where you are in the process of meeting this challenge and a commitment as to when the modifications will be complete. Please provide us this information no later than January 15, 1999. Sin rCly, L. CraigBritton Gener�ana er g cc: Board of Directors 3.30 Distel Circle . Los Altos,CA 94022-1404 . Phone:650-691-1200 FAX: 650-691-0485 . E-mail mrosdrropenspace.org . Web site:www.openspace.org Board of(hectors:Pete Siemens,Mary C. Davey,led Cyr, Deane Little,Nonette Hanko, Betsy Crowder,Kenneth C.Nitz . Genera/Man,qer:L.Craig Britton Regional Oper ace 2 1 A*, MIDPENINSULA REGIONAL OPEN SPACE DISTRICT December 15, 1998 Mr. Dennis Main California Public Employer Services Division Lincoln Plaza, 400 P Street P.O. Box 942709 Sacramento, CA 94229-2709 Subject: Year 2000 Compliance for PERS Software On behalf of the District's Board of Directors, I am requesting information regarding your product's ability to accommodate the Year 2000. As a public agency, we are required to provide this information to our investment bankers and insurers to assure them their will be no interruption to our operations in the coming year. We are requesting from you a statement of compliance and certification that your software is ready for the Year 2000 and directions on specific tests we can perform to substantiate this readiness. If your software does not comply at this time, we are requesting a detailed explanation as to where you are in the process of meeting this challenge and a commitment as to when the modifications will be complete. Please provide us this information no later than January 15, 1999. $,iin-cerely,. L. raig ritton, General Manager cc: Board of Directors 330 Distel Circle . Los Altos, CA 94022-1404 . Phone: 650-691-1200 FAX:650-691-0485 . E-mail: mrosd@openspace.org . Web site:www.openspace.org Bo,rrd of Directors:Pete Siemens,Mary C. Davey, led Cyr,Deane Little, Nonette Hanko,Betsy Crowder,Kenneth C. Nitz . General Mlrna,ger:L.Craig Britton Regional Operoace 2 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT December 15, 1998 ICMA Retirement Trust 777 North Capitol Street, NE, Suite 600 Washington, DC 20002-4240 Subject: Year 2000 Compliance for ICMA Software On behalf of the District's Board of Directors, I am requesting information regarding your product's ability to accommodate the Year 2000. As a public agency, we are required to provide this information to our investment bankers and insurers to assure them their will be no interruption to our operations in the coming year. We are requesting from you a statement of compliance and certification that your software is ready for the Year 2000 and directions on specific tests we can perform to substantiate this readiness. If your software does not comply at this time, we are requesting a detailed explanation as to where you are in the process of meeting this challenge and a commitment as to when the modifications will be complete. Please provide us this information no later than January 15, 1999. Si cemlly, L. Sr'rtton, General Manager cc: Board of Directors 330 Distel Circle . Los Altos,CA 94022-1404 . Phone:650-691-1200 FAX:650-691-0485 . E-mail: mrosdrtopenspace.org Web site:www.openspa(,e.org Board or Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little,Nonette Hanko,Betsv Crowder,Kenneth C. Nitz . General Manager:L.Craig Britton Maims No. 99-01 401 eeting 99-02 Date: January 13, 1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 5379 169.00 A&A Plumbing Plumbing Repairs--Deer Hollow Farm 5380 317.80 Accuchex Corporation Payroll Service Fees 5381 164.10 ADT Security Services Foothill Office Alarm Service 5382 38.32 Airgas Welding Supplies 5383 5972.10 Joel Anderson Advertising ROSS Map Printing Services 5384 62.73 Randy Anderson Vehicle Expense 5385 3500.00 Appraisal Research Corporation Appraisal Services 5386 5.16 AT&T Telephone Service 5387 201.85 Gordon Baillie Reimbursement--Educational Assistance 5388 535.50 Richard Beale Land Use Planning Land Density Study Consultant 5389 65.00 Berry's Pest Control , Inc. Pesticide Service--Enterprise Rentals 5390 60.00 Best Internet Communications, Inc. Internet Provider 5391 1080.23 Big 4 Rents Trail Compactor Rental 5392 281.50 Bill's Towing &Recovery Towing Services 5393 84.00 Brian Kangas Foulk Engineering Services--Pinto Way 5394 375.86 John Cahill Reimbursement--Vehicle&Cell Phone Usage 5395 105.00 California Park&Recreation Society Recruitment Advertisement 5396 195.45 California Water Service Company Water Service 5397 65.85 Cal-line Equipment Inc. Sharpen Chipper Blades 5398 323.00 Camino Medical Group Medical Services 5399 21.44 Clark's Auto Parts&Machine Inc. Grease Cartridges 5400 2335.00 Clark Pest Control Enterprise Rental Fumigation 5401 72.66 Cole Supply Co., Inc. Janitorial Supplies 5402 416.09 Compurun Systems Computer Accessories 5403 198.20 Costco Wholesale Office Supplies 5404 46.00 Cougar Couriers Express Courier Service 5405 215.00 Coyote Creek Riparian Watershed Assessment Consultants 5406 60.00 DataChem Laboratories Air Testing--Culvert Cutting at Rancho 5407 1300.00 Department of Park&Recreation Plumbing Skills Class--M. Bankosh&S. Cotterel 5408 51.04 DFM Associates 1999 CA Elections Code Book 5409 905.45 Reed Dillingham Recreational Trails Grant Site Plan 5410 156.88 El Camino Hospital Medical Services 5411 640.00 Emily&Associates Planning Department Personnel Consultant 5412 882.00 Enshallah Inc. Consulting Services--Teague Hill Project 5413 54.24 John Escobar Reimbursement--NRPA Training 5414 90.00 Evergreen Holdings, Inc. Oil Recycling Service 5415 2025.00 *1 Flinn, Gray& Herterich Additional Land Insurance Coverage 5416 316.52 Foster Bros. Security Systems, Inc. Keys 5417 48.01 Franklin Covey Office Supplies 5418 46.33 Gardenland Power Equipment Field Supplies 5419 102.63 GTE Wireless Cellular Phone Service 5420 1925.68 Greenbelt Alliance/GreenInfo GIS Patrol Map Book Consultant 5421 110.64 GreenWaste Recovery, Inc. Dumpster Service--Skyline 5422 25683.10 Jens Hansen Company, Inc. Windy Hill Access Improvement Project 5423 365.26 Hawkins Traffic Safety Supply Signs 5424 645.00 Home Depot Field Supplies Page 1 40aims No. 99-01 eeting 99-02 Date: January 13, 1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 5425 33.18 Javelco Equipment Service, Inc. Equipment Parts 5426 50.00 Kevin's Auto Repair Vehicle Smog Testing 5427 609.89 Kinko's Copy Service 5428 1953.20 Lanier Worldwide, Inc. Copier Lease 5429 1815.50 Lombardi Construction Skyline Concrete Slab Contractor-Retention 5430 103.74 Los Altos Garbage Company Dumpster Service--Main Office 5431 479.29 Lucent Technologies Phone Maintenance Service 5432 82.00 *2 Medinall, Inc. Medical Services 5433 600.00 Merwin A. Mace Acquisition Consultant 5434 177.58 MCI Worldcom Phone Service 5435 263.93 MetroMobileCommunications Radio Maintenance&Repair 5436 210.00 Mid-Peninsula Electric Enterprise Rental Electrical Repairs 5437 10,000.00 *3 Milller, Starr& Regalia Legal Services 5438 25,000.00 ** Milller, Starr& Regalia Legal Services 5439 579.39 Minton's Lumber&Supply Field Supplies 5440 211.13 Moffett Supply Company Janitorial Supplies 5441 565.69 Monogram Sanitation Restroom Chemicals 5442 50000.00 City of Mountain View Deer Hollow Farm Agreement 5443 43.54 Noble Ford Tractor, Inc. Tractor Hoses 5444 2077.50 North American Title Company Escrow&Title Fees 5445 38.48 Northern Energy, inc. Propane Service 5446 568.46 Office Depot Office Supplies 5447 172.61 Office Helper Products Office Supplies 5448 896.90 Orchard Supply Hardware Field Supplies 5449 804.72 Pacific Bell Telephone Service 5450 124.32 Pearson Automobile Company Vehicle Servicing 5451 1023.91 Peninsula Blueprint, Inc. Printing Services 5452 1211.65 Pine Cone Lumber Co., Inc. Lumber 5453 716.91 Pip Printing Printing Services 5454 34.42 Portola Valley Feed Straw--Restoration Materials 5455 275.64 Pitney Bowes Credit Corporation Postage Meter Lease 5456 1000.00 Tom Randall February--Rent Agreement 5457 20.00 *4 Regents, University of California Resource Document 5458 1204.03 J. L. Rice Trucking and Materials Rock Delivery 5459 174.94 Roberts& Brune Co. Waterline Maintenance Materials 5460 2797.71 Roy's Repair Service Vehicle Maintenance& Repairs 5461 924.56 Russ Enterprises, Inc. Signs 5462 1014.00 San Jose Mercury News Recruitment Advertisement 5463 10.00 *5 San Mateo County Public Health Lab Tick Test 5464 1622.67 Scribner Graphic Press Brochure Printing 5465 7.02 Sears Shop Vac Filter 5466 39.95 Second Cup Business Meeting Expense 5467 137.30 Shell Oil Company Fuel 5468 204.84 Signs of the Time Signs 5469 34.10 Skywood Trading Post Fuel 5470 1300.00 *6 South Bay Regional Public Safety Training--T. Lausten&D. Danielson Training Consortium Page 2 99-01 d6ee in No.eting 99-02 02 Date: January 13, 1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 5471 141.55 Staples Office Supplies 5472 16.56 State Board of Equalization Diesel Fuel Tax 5473 50.48 Stevens Creek Quarry, Inc. Drain Rock 5474 3300.00 *7 Sun Valley Tree Service, Inc. Windy Hill--Emergency Tree Removal 5475 56.10 JoAnne Swirsding Vehicle Expense 5476 919.04 Summit Uniforms Uniforms 5477 1569.63 Teater&Etc. ROSS Map Graphics 5478 663.00 Terrasearch Inc. Geotechnical Services--Bridge Projects 5479 60.00 Terminix Pest Control Service--Distel Building 5480 120.00 Therma Corp. Thermostat Repairs--Distel Building 5481 14.58 *8 UPS Parcel Service 5482 81.19 United Rental Bobcat Sweeper Rental 5483 110.00 University Inn Training Accommodation--M. Freeman J. Isaacs 5484 25000.00 Jean L. &Augusta M. Urrere--Living Trust Urrere Promissory Note 5485 491.76 Vallen Safety Supply Gloves 5486 1497.90 *9 Visa 45.98-Field Supplies 550.58-Trails Conference--J. Escobar 107.17-Camera 40.00-Copying 48.70-Computer Software 27.05-Nature Center Supplies 138.14-Office Supplies 114.50-Resource Documents 425.78-Building Education Center--L.Hyman/G. Morin 5487 107.58 Doug Vu Vehicle Expense 5488 624.00 Wedge-Loc Company Ltd. Restoration Supplies 5489 140.27 West Coast Aggregates, Inc. Golden Fines 5490 978.63 West Group Legal On-Line Services 5491 300.00 Roberta Wolfe Recording Services 5492 200.00 Woodside&Portola Private Patrol Secure Gates--Windy Hill Parking Lot 5493 300.03 Wheelsmith Bicycle Maintenance 5494 122.65 The Workingman's Emporium Uniforms 6495R 130.00 Susan Schectman Reimbursement--Fax Charges 6496R 7.97 UPS Parcel Service 6497R 337.71 Petty Cash Local Business Meeting Expense, Office Supplies, Employee Event Supplies, Nature Center Supplies, Recognition Event Supplies and Vehicle Expense *1 Urgent Check Issued December 16, 1998 *2 Urgent Check Issued December 28, 1998 *3 Urgent Check Issued January 8, 1999 *4 Urgent Check Issued January 7, 1999 *5 Urgent Check Issued December 31, 1998 *6 Urgent Check Issued December 31, 1998 *7 Urgent Check Issued December 29, 1998 *8 Urgent Check Issued December 16, 1998 *9 Urgent Check Issued December 28, 1998 ** Pending Approval of Retainer Agreement under Agenda Item 8 Page 3 TOTAL $200,869.95 laims No. 99-01 qMweeting 99-02 Date: January 13, 1999 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 5379 169.00 A&A Plumbing Plumbing Repairs--Deer Hollow Farm 5380 317.80 Accuchex Corporation Payroll Service Fees 5381 164.10 ADT Security Services Foothill Office Alarm Service 5382 38.32 Airgas Welding Supplies 5383 5972.10 Joel Anderson Advertising ROSS Map Printing Services 5384 62.73 Randy Anderson Vehicle Expense 5385 3500.00 Appraisal Research Corporation Appraisal Services 5386 5.16 AT&T Telephone Service 5387 201.85 Gordon Baillie Reimbursement--Educational Assistance 5388 535.50 Richard Beale Land Use Planning Land Density Study Consultant 5389 65.00 Berry's Pest Control , Inc. Pesticide Service--Enterprise Rentals 5390 60.00 Best Internet Communications, Inc. Internet Provider 5391 1080.23 Big 4 Rents Trail Compactor Rental 5392 281.50 Bill's Towing&Recovery Towing Services 5393 84.00 Brian Kangas Foulk Engineering Services--Pinto Way 5394 375.86 John Cahill Reimbursement-Vehicle&Cell Phone Usage 5395 105.00 California Park&Recreation Society Recruitment Advertisement 5396 195.45 California Water Service Company Water Service 5397 65.85 Cal-line Equipment Inc. Sharpen Chipper Blades 5398 323.00 Camino Medical Group Medical Services 5399 21.44 Clark's Auto Parts&Machine Inc. Grease Cartridges 5400 2335.00 Clark Pest Control Enterprise Rental Fumigation 5401 72.66 Cole Supply Co., Inc. Janitorial Supplies 5402 416.09 Compurun Systems Computer Accessories 5403 198.20 Costco Wholesale Office Supplies 5404 46.00 Cougar Couriers Express Courier Service 5405 215.00 Coyote Creek Riparian Watershed Assessment Consultants 5406 60.00 DataChem Laboratories Air Testing--Culvert Cutting at Rancho 5407 1300.00 Department of Park& Recreation Plumbing Skills Class--M. Bankosh&S. Cotterel 5408 51.04 DFM Associates 1999 CA Elections Code Book 5409 905.45 Reed Dillingham Recreational Trails Grant Site Plan 5410 156.88 El Camino Hospital Medical Services 5411 640.00 Emily&Associates Planning Department Personnel Consultant 5412 882.00 Enshallah Inc. Consulting Services--Teague Hill Project 5413 54.24 John Escobar Reimbursement--NRPA Training 5414 90.00 Evergreen Holdings, Inc. Oil Recycling Service 5415 2025.00 *1 Flinn, Gray&Herterich Additional Land Insurance Coverage 5416 316.52 Foster Bros. Security Systems, Inc. Keys 5417 48.01 Franklin Covey Office Supplies 5418 46.33 Gardenland Power Equipment Field Supplies 5419 102.63 GTE Wireless Cellular Phone Service 5420 1925.68 Greenbelt Alliance/GreenInfo GIS Patrol Map Book Consultant 5421 110.64 GreenWaste Recovery, Inc. Dumpster Service--Skyline 5422 25683.10 Jens Hansen Company, Inc. Windy Hill Access Improvement Project 5423 365.26 Hawkins Traffic Safety Supply Signs 5424 645.00 Home Depot Field Supplies Page 1 M �laims No. 99-01 eeting 99-02 Date: January 13, 1999 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 5425 33.18 Javelco Equipment Service, Inc. Equipment Parts 5426 50.00 Kevin's Auto Repair Vehicle Smog Testing 5427 609.89 Kinko's Copy Service 5428 1953.20 Lanier Worldwide, Inc. Copier Lease 5429 1815.50 Lombardi Construction Skyline Concrete Slab Contractor-Retention 5430 103.74 Los Altos Garbage Company Dumpster Service--Main Office 5431 479.29 Lucent Technologies Phone Maintenance Service 5432 82.00 *2 Medinall, Inc. Medical Services 5433 600.00 Merwin A. Mace Acquisition Consultant 5434 177.58 MCI Worldcom Phone Service 5435 263.93 MetroMobileCommunications Radio Maintenance & Repair 5436 210.00 Mid-Peninsula Electric Enterprise Rental Electrical Repairs 5437 10,000.00 *3 Milller, Starr& Regalia Legal Services 5438 25,000.00 ** Milller, Starr& Regalia Legal Services 5439 579.39 Minton's Lumber& Supply Field Supplies 5440 211.13 Moffett Supply Company Janitorial Supplies 5441 565.69 Monogram Sanitation Restroom Chemicals 5442 50000.00 City of Mountain View Deer Hollow Farm Agreement 5443 43.54 Noble Ford Tractor, Inc. Tractor Hoses 5444 2077.50 North American Title Company Escrow&Title Fees 5445 38.48 Northern Energy, inc. Propane Service 5446 568.46 Office Depot Office Supplies 5447 172.61 Office Helper Products Office Supplies 5448 896.90 Orchard Supply Hardware Field Supplies 5449 804.72 Pacific Bell Telephone Service 5450 124.32 Pearson Automobile Company Vehicle Servicing 5451 1023.91 Peninsula Blueprint, Inc. Printing Services 5452 1211.65 Pine Cone Lumber Co., Inc. Lumber 5453 716.91 Pip Printing Printing Services 5454 34.42 Portola Valley Feed Straw--Restoration Materials 5455 275.64 Pitney Bowes Credit Corporation Postage Meter Lease 5456 1000.00 Tom Randall February--Rent Agreement 5457 20.00 *4 Regents, University of California Resource Document 5458 1204.03 J. L. Rice Trucking and Materials Rock Delivery 5459 174.94 Roberts & Brune Co. Waterline Maintenance Materials 5460 2797.71 Roy's Repair Service Vehicle Maintenance & Repairs 5461 924.56 Russ Enterprises, Inc. Signs 5462 1014.00 San Jose Mercury News Recruitment Advertisement 5463 10.00 *5 San Mateo County Public Health Lab Tick Test 5464 1622.67 Scribner Graphic Press Brochure Printing 5465 7.02 Sears Shop Vac Filter 5466 39.95 Second Cup Business Meeting Expense 5467 137.30 Shell Oil Company Fuel 5468 204.84 Signs of the Time Signs 5469 34.10 Skywood Trading Post Fuel 5470 1300.00 *6 South Bay Regional Public Safety Training--T. Lausten & D. Danielson Training Consortium Page 2 �laims No. 99-01 eeting 99-02 Date: January 13, 1999 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 5471 141.55 Staples Office Supplies 5472 16.56 State Board of Equalization Diesel Fuel Tax 5473 50.48 Stevens Creek Quarry, Inc. Drain Rock 5474 3300.00 *7 Sun Valley Tree Service, Inc. Windy Hill--Emergency Tree Removal 5475 56.10 JoAnne Swirsding Vehicle Expense 5476 919.04 Summit Uniforms Uniforms 5477 1569.63 Teater&Etc. ROSS Map Graphics 5478 663.00 Terrasearch Inc. Geotechnical Services--Bridge Projects 5479 60.00 Terminix Pest Control Service--Distel Building 5480 120.00 Therma Corp. Thermostat Repairs--Distel Building 5481 14.58 *8 UPS Parcel Service 5482 81.19 United Rental Bobcat Sweeper Rental 5483 110.00 University Inn Training Accommodation--M. Freeman J. Isaacs 5484 25000.00 Jean L. &Augusta M. Urrere--Living Trust Urrere Promissory Note 5485 491.76 Vallen Safety Supply Gloves 5486 1497.90 *9 Visa 45.98-Field Supplies 550.58-Trails Conference--J. Escobar 107.17-Camera 40.00-Copying 48.70-Computer Software 27.05-Nature Center Supplies 138.14-Office Supplies 114.50-Resource Documents 425.78-Building Education Center--L.Hyman/G. Morin 5487 107.58 Doug Vu Vehicle Expense 5488 624.00 Wedge-Loc Company Ltd. Restoration Supplies 5489 140.27 West Coast Aggregates, Inc. Golden Fines 5490 978.63 West Group Legal On-Line Services 5491 300.00 Roberta Wolfe Recording Services 5492 200.00 Woodside&Portola Private Patrol Secure Gates--Windy Hill Parking Lot 5493 300.03 Wheelsmith Bicycle Maintenance 5494 122.65 The Workingman's Emporium Uniforms *1 Urgent Check Issued December 16, 1998 *2 Urgent Check Issued December 28, 1998 *3 Urgent Check Issued January 8, 1999 *4 Urgent Check Issued January 7, 1999 *5 Urgent Check Issued December 31, 1998 *6 Urgent Check Issued December 31, 1998 *7 Urgent Check Issued December 29, 1998 *8 Urgent Check Issued December 16, 1998 *9 Urgent Check Issued December 28, 1998 ** Pending Approval of Retainer Agreement under Agenda Item 8 TOTAL $200,394.27 Page 3 Regional Open , -ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-24 SPECIAL MEETING BOARD OF DIRECTORS October 21, 1998 MINUTES I. ROLL CALL President Betsy Crowder called the meeting to order at 6:33 P.M. Members Present: Mary Davey, Betsy Crowder, Ken Nitz, Jed Cyr, Peter Siemens, and Nonette Hanko. Members Absent: None. Staff Present: Craig Britton, Sue Schectman, Deirdre Dolan, Jodi Isaacs, and John Escobar. II. ORAL COMMUNICATIONS Phillip Hearin, District Ranger, 22500 Prospect Road, Saratoga, referred to the Family Medical Leave Act of 1993 and said he was giving the Board notice that there was intent to file a complaint with the Department of Labor regarding reduced leave schedule and alternate position due to a reduced leave schedule. He said he did not expect any discussion or comment at this time. He urged the Board to contact the General Manager within the next ten days to get information on what is going on and to clarify. S. Schectman advised the Board that this was a personnel matter and could not be discussed in a public meeting. She said if they had questions they should talk to her or to the General Manager. She said staff was scrupulous in complying with the Act. She advised the Board to do nothing at this point, adding that if potential litigation were to result, they could discuss it in closed session. B. Crowder asked for copies of the Act and District policies. IIL ADOPTION OF AGENDA Motion: J. Cyr moved that the Board adopt the agenda. K. Nitz seconded the motion. The motion passed 6 to 0. IV. BOARD BUSINESS M I)ist(,l Circle * I os Altos, CA 94022-1404 . Phone: 0 0-091-1 200 FAX: 0-)0-091-0481 E-mail: mro,,d openspace.orr; 0 Wel>kite:v,Gw.openspace.ex 13(wid o!LNrettors:Pete°'iwnwn,, 11ary C. Da�ev,led{vr. Deane Little Nwwite.H.. HH,rnko.Betty( nnv der, Ke°nne�th rti Gevx°ral,v1.tita,ar:L C r,n:{t3eidzm Meeting 98-24 Page 2 A. Agenda Item No. 1 — in f i i — g Ward 4. The order for Board questioning of the finalists as determined by a random drawing was: 1. Deane Little 2. Curt Riffle 3. John Miller The Board recessed at 7:47 P.M. following the 20-minute question and answer period for each applicant. They reconvened at 7:57 P.M. and there was a random drawing for order of appearance for summary statements. The order was as follows: 1. Deane Little 2. John Miller 3. Curt Riffle The results of the voting was 4 votes for Deane Little and 2 votes for Curt Riffle. Motion: J. Cyr moved that the Board adopt Resolution 98-41 appointing Deane Little as Ward 4 Director. M. Davey seconded the motion. The motion passed 6 to 0. D. Dolan administered the oath of office to Deane Little, and Director Little took his seat with the Board. There was a recess from 8:20 to 8:30 P.M. B. Agenda Item No. 2—Continuation of Discussion and Acceptance of the final Draft ftort of the Operations Program Review by the Warner Group from the September 28, 1998 Special Meeting and Direction by Board for Future Action, G. Baillie introduced Christine Wilson and Dick Barbar of the Warner Group and referred to the supplemental information packet and letters received by the Board. C. Wilson described the information that had been added to the report at the request of Board members. This included an organization chart, a seven-year summary of field enforcement activity showing numbers and types of enforcement contact, staffing relative to comparable agencies, and an introduction to Appendix C describing the composition and process of focus groups. In regard to the information requested about badges, J. Escobar said that information would be provided separately. Meeting 98-24 Page 3 In response to a question regarding firearms training cost and time, J. Escobar described the training staff has completed. He said that he would not recommend firearms, even though staff training met minimum requirements of the Penal Code. He said the full academy is 20 weeks long. In addition, there is the issue of liability and they have to constantly re-qualify. S. Schectman said those who carry guns would not necessarily have a higher salary; that would be subject to collective bargaining. D. Barbar explained how enforcement activity would change under their recommendations. He said each group would retain their existing peace officer authority, but their authority would extend primarily to the violation portion of District ordinances. He said that under their proposal, they have discouraged a District ranger from dealing with matters such as assault and battery and others cited by N. Hanko. The Sheriff s office would still be notified by the District ranger. He said it was their recommendation that rangers deal only with infractions and code violations on District lands. Brian Malone, District ranger, said those situations would not go away or become less dangerous. D. Barbar said there is no purpose in having rangers deal with such things as cultivation of marijuana in a dangerous situation on behalf of the District. That is a function of the State Department of Justice, and the Sheriff's office has organized means of dealing with that. The District could provide support as far as location, access information, and vehicles. C. Wilson said they had tried, in the report, to distinguish between regulation enforcement and law enforcement. She said they think enforcement of District regulations and a small amount of State and County laws that support the mission of the District is still the appropriate responsibility for rangers. J. Escobar added that the incidents could still occur, and while they might tone down their role, the summary would still mention the incidents. N. Hanko asked if they noticed a change in the number of assaults when the baton was provided to rangers in 1994. J. Escobar said that they had never studied the correlation. N. Hanko said she wanted to know if staff thought the batons were successful in warding off some of the problems. Regarding the law enforcement package, N. Hanko asked if not adopting it as a package would throw it off. D. Barbar said they took the approach that they would recommend a defensive posture for the rangers with the understanding that it would be accompanied by a contractual agreement with the Sheriff to deal with the higher level of criminal activity on District lands. Their recommendation was based on the number of incidents, perception of visitors, comparable agency study, and discussion with key stakeholders including adjacent law enforcement agencies. Meeting 98-24 Page 4 K. Nitz commented on the table in Appendix B, stating that perhaps the incidents should be divided differently to provide a clearer picture of what is happening. He said field staff must be doing a great job because things are decreasing. He also expressed concern about Appendix C and the operations staff focus groups in the main report that said there was no delegation, no trust, management did not empower employees, and management intimidates staff. He said he thought that was why they had held the Art O'Neal training. N. Hanko said she thought this document was supposed to be a kind of implementation by putting the questions to the Board who is in charge of management. She said the crux of the Art O'Neal training was communication between groups and she thought they were in the process. C. Wilson said their recommendation regarding cooperation between District management and staff and decision-making focused on clarifying the field staffs role in the decision-making process. The Warner Group sees that role as providing input and they should work within an established process. The Board ought to continue to make decisions based on sound business factors and communicate the rationale behind decisions back to star Discussion followed regarding the purpose of the report and the Board's role at this meeting. Committee members agreed that they would like comments from each Board member so that they could pursue the direction they want them to go. N. Hanko referred to the February 11 report, Appendix B, regarding acres per ranger. She said Castle Rock Park would have 3,868 acres per ranger. Harry Haeussler, 1094 Highlands Avenue, Los Altos, asked if the 3,000 acres for one ranger were all in one spot or were spread around. On another subject, he said he did not think there was good cooperation between planning and rangers. He also talked about the hitching rack at Windy Hill being in the wrong location. C. Britton commented on Mr. Haeussler's concerns. Brian Malone addressed why staff felt the way they did in regard to input and communication issues. They had hoped the report would address these but it did not. He said the report did not provide what the Board asked for and did not include input from rangers. He said they want to be involved in the process as it goes forward. He said there were some gross errors in the add-on to the report. Richard Schwind, 11825 Skyline Blvd., Los Gatos, said he lived opposite Long Ridge Preserve. He said in his experience, rangers and volunteer presence are very thin on the preserve. Because of the large amount of land the District controls, decisions made by the District have an increasing influence on their quality of life. He said he believed that a large number of his neighbors and people he hiked with felt the same way he did. He said he believed the Warner Group report has erred in recommending Meeting 98-24 Page 5 removing batons and not providing firearms. He said police are only effective after they arrive and then are not equipped to deal with the wilderness. He said the county took weapons away from their park rangers about 15 years ago and that had not been successful. He said he believed that the District rangers were very competent and the Board should go with their recommendation of keeping batons and handcuffs and adding firearms. Michael Newburn, member of MPPOA, said he thought it was very important that the Board understand that the Association feels the report had a lot of things wrong with it, not just in the law enforcement area, but in the areas of maintenance, planning department, and resource management. He asked that they not accept it as it was. He asked that a member of the union be involved with the ad hoc committee and management to come up with the best possible solution. Ken Miller, District ranger, addressed the badge issue and described an off-site incident where he had assisted a Sheriff who was looking for a county park ranger. He said they had always requested Sheriff assistance when dealing with marijuana cultivation. He said all rangers are comfortable with how they are working with District, state and county ordinances and have no desire to change their role. He said contact with violent people almost always occurred as a result of them making contact under a District ordinance. Matt Ken, District ranger, talked about Menlo Park toning down the image of their police officers and how it did not work. He said San Mateo County Sheriff Horsley said he would not object to rangers carrying weapons on duty. He described encounters with wildlife where he thought firearms would be appropriate. He said the decrease in bicycle violations might not be attributable to education but might be due to rangers being unable to patrol because of the wet weather last winter. Kerry Carlson, District ranger, talked about an incident where a person attacked him and another ranger with a digging bar and the Sheriff was unable to locate them. He agreed with B. Malone regarding the need for more staffing. He said part of the reason they can't hire rangers is that potential candidates say they don't want to be involved with the Warner Group report and the turmoil surrounding it. Loro Paterson, District ranger, said it was not possible to change to a defensive position because by policy and protocol they already are. She commented regarding how data was gathered for the report and said regulation enforcement is law enforcement. Discussion followed regarding how incidents are logged and reported. J. Isaacs said the Resource Management Program was supported by everybody. She said she felt they need more stewardship on the land. Rangers are the ones who know what is happening and she relies on them. She said there need to be changes in the Meeting 98-24 Page 6 level of commitment to the program depending on how much stewardship we want on the land. She said this was a great time to assess the program. Grant Kern said he wanted to make sure Board members got the letter from the maintenance staff. He said there were many questions the report did not answer and he wanted to make sure maintenance staff had a voice. M. Davey suggested that the Board adopt the report and each Board member give his or her points that they want the committee to consider. Motion:. J. Cyr moved that the Board accept the report with the caveat that the staff ratio chart numbers be validated as outlined by the General Manager. N. Hanko seconded the motion. The motion passed 7-0. Board member listed items for the ad hoc committee to consider as follows: Davey Clarify authority of area superintendents. Encourage cooperation between management and field staff. Devise a written policy and procedure for receiving input from the staff, including field staff, so that they know they are heard and are part of the ingredient for decision making. Increase funding and staffing for a long-range plan for resource management. Tie the plan to trail use, consider single-purpose uses and maybe not opening any more paths at this time until we have a maintenance plan that is of the quality that it is today. Take a look at visitor use and wilderness use. Keep present staffing level in the maintenance department unless we can see that there is a need for more; if we maintain this quality, we really might need more maintenance staff. Keep present safety equipment and badges for rangers but not have guns as part of safety equipment. Clarify specific law enforcement responsibilities with the re-emphasis on the defensive posture. Clarify relationship of sheriff's department communication and training program in what District roads and lands are. Hire more rangers. Meeting 98-24 Page 7 Critical that field staff and planning department work together. Explore the need for improved equipment; essential to keep quality of maintenance up. The challenge is balancing maintenance and operations budget against what our purpose is—to buy open space. Pete Siemens Agreed with pretty much everything M. Davey said. Good plan for communicating when we decide to do something to get input from the field and make sure it happens consistently. Don't agree with changing equipment. Agreed that at this time should not carry firearms. Don't agree at this point carte Blanc saying we need more ranger or maintenance staff, but as we open more land to use we will have to have more staff. Agreed with some of the changes in fire equipment. Things ought to work. Would rather buy equipment and have people be very efficient and productive. Nonette Hanko Warner Report suggests developing visitor use reporting process to consistently track use levels and patterns. Include polling of constituents(not just users) so we can track opinions of constituents who may not be using the District lands for some reason or another. Received excellent feedback and suggestions for improvement from the external stakeholder interviews—users and those who live near preserves. Have workshop where we bring them together and talk about issues and find solutions for the problems that came out during those interviews. Our job is to address the negatives. Rangers should be present. Would like to know what equipment rangers need in order to address the violations that occur on trails. Resource Management and District-wide Planning—recommendation to include possibility of additional District funding by way of a measure that goes to the voters that would assist in more funding for Resource Management and District-wide Planning process. Meeting 98-24 Page 8 Law enforcement—issues raised: change of uniform, badge, etc. —other agencies liked the way the rangers dress now and whatever equipment they carry now. Like star badge. Sheriff response times too long. Ability to locate District preserves and lack of four- wheel drive vehicle not acceptable. If we are to go to some agreement negotiating with sheriff's dept. we need to be assured that they will be there when we need them and sure that the response time is what we want it to be. Need to know what our rangers' response will be when people need help. Even thought heavily of having deputy sheriffs that work directly for our District, not going so far to recommend that rangers carry firearms, don't know enough about the implications(how constituents would support idea). Neighbors are concerned that there are rangers to protect them; however, we shouldn't let the Sheriff off the hook. Rangers are supposed to be taking care of District lands. Need to make sure we get good attention from the Sheriff's department up there. Letter from Maintenance Dept. —would like to study recommendations in committee. Betsy Crowder Going to have to do something with budget because a lot of the things that are needed are going to cost money. Difficult to balance purchasing open space with adequate management of open space. Safety of field staff is paramount but can't go for firearms. Keep uniform as it is including star. Body armor optional. No reason to get rid of batons. No point in having handcuffs if they're in the truck. Set up series of meetings with Sheriff and fire departments. Lots of options. Repeater for radio. Ranger dogs. Need to hire more field staff. Jed Cvr Began as safety question and expanded into operations review—appreciate that. Time to take a look at entire process. Every choice has a financing impact. Meeting 98-24 Page 9 Five priorities(but others need to be addressed): l. Arming rangers—question of safety and backup is a function of distance. Primary function of ranger at this point is to be a generalist. Don't believe it is to be law enforcement. Safety could be enhanced by making sure we have enough radio repeater sites. Not support arming rangers or modifying uniform at this stage. 2. Deal with issues around resource management. 3. Serious consideration of staffing levels. 4. Trail construction/management, including some of the things coming to the fore like wilderness experience, trail access, the redefinition or clarification of document in terms of use of preserves. 5. Planning program: communications and coordination and cooperation. 6. Others as we can get to them. Ken Nitz Budget and balance—what are we getting for our money. Improving cooperation between planning and operations, between operations and management and field staff. Safety is important, but training should be improved or increased. More rangers —would like to wait for new stats but believe we probably should have more. Batons—should keep. Like 7-pointed star. Don't see why soft armor should be mandatory—maybe in some places and situations. Handcuffs—keep them on belt. Firearms—look into statistics. Potential of arming should be looked into every four or five years depending on statistics. Maintenance of equipment— agreed that it is better to buy than have them spend their time fixing. Meeting 98-24 Page 10 Memo from maintenance department—hope Warner Report will consider it too. Resource management plan—need to stress. Time response from Sheriff—did timing test, can see how time is so large. If Sheriff is cutting back on number of people on Skyline, we should tell them not to. Rangers are not there to enforce laws not on our property. Look into getting repeaters(for radios) if there are dead spots. Like the idea of canine units. Don't think we should open more trails until we get things figured out, especially things like wilderness experience. Need to look at things in terms of usage, population exposure to our preserves, remember they are preserves not parks. Matter of balance—what we can do with the money we have. Deane Little Working from small data set—are larger ones available on public lands across country? Consideration be given to lesser weapons like stun guns, and are there stun guns that are designed to look like a firearm? What is expected expense to District if firearms were allowed—could be considerable because of training, retraining and equipment issues. District probably needs more rangers and field staff—would support. Motion: K. Nitz moved that the Board direct that the Operations Program Review Ad Hoc Committee work with the General Manager and Operations administrative staff to develop a specific implementation plan based on the input received. P. Siemens seconded the motion. The motion passed 7 to 0. V. ADJOURNMENT At 11:03 P.M., the meeting was adjourned. Roberta Wolfe Recording Secretary Regional Open *ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 98-25 SPECIAL AND REGULAR MEETINGS BOARD OF DIRECTORS October 28, 1998 MINUTES I. ROLL CALL President Betsy Crowder called the meeting to order at 5:35 P.M. Members Present: Mary Davey, Betsy Crowder, Ken Nitz, Jed Cyr, Peter Siemens, Nonette Hanko, and Deane Little. Members Absent: None. Staff Present: Craig Britton, Sue Schectman, H. CLOSED SESSION B. Crowder stated that the Board would adjourn to Closed Session for the purpose of discussing Closed Session Agenda Items, 1, 2, and 3. The Board recessed to Closed Session at 5:37 P.M. and the Closed Session commenced at 5:38 P.M. The Board concluded the Closed Session at 7:15 P.M. B. Crowder stated that the Board would adjourn to a meeting of the Governing Board of the Midpeninsula Regional Open Space District Financing Authority. The Board concluded the meeting of the Midpeninsula Regional Open Space District Financing Authority at 7:30 P.M. and B. Crowder called the Regular Meeting to order at 7:35 P.M. She noted that no reportable actions had taken place in Closed Session and that the Closed Session would be continued at the conclusion of the Regular Meeting for discussion of Closed Session Agenda Item 3. Additional Personnel Present: Mike Foster, Malcolm Smith, Randy Anderson, Michael Williams, Del Woods, Gordon Baillie, Deirdre Dolan, and John Escobar. IV. ORAL, COMMUNICATIONS -None. V. ADOPTION OF AGENDA I M [)i5tel Circle * Los altos, CA 94022-1404 . Phone: h60-091-1200 FAX: 07)0-091 0485 * F-mail: nirosil >t�pens[>ace.org Weh site:www.open5[tace.or Board of Ofw(tof' Pete Siemen" 'lm. ( I),Ilev. led( yr, Dcane I itile, Noncttc I imiko, [Iot,< C r %dw, Kenneth C. vitz a Ge nei'll 1 t,C raid Britton Meeting 98-25 Page 2 Motion I Cyr moved that the Board adopt the agenda. K. Nitz seconded the motion. The motion passed 7 to 0. VI. ADOPTION OF CONSENT CALENDAR Harry Haeussler, 1094 Highlands Circle, Los Altos, removed Revised Claims 98-19 from the Consent Calendar, questioning why claims 5013 and 5043 were being approved before the Board had approved the acquisitions. .ion; I Cyr moved that the Board adopt the Consent Calendar including agenda item 5, Cancellation of November 11 and November 25 Regular Meetings and Scheduling of November 12 and November 18 Special Meetings. P. Siemens seconded the motion. The motion passed 7 to 0. VII. BOARD BUSINESS A. Agenda Item No. 1 -Proposed Addition of Girdner Proper to Saratoga Gap Opp 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 Proper as an Addition to Saratoga Gap Open Space Preserve; and Indicate Their Intention to Withhold Dedication of the Pro ep dy as Public Open Spice at This Time—(Report R-98-129). D. Woods presented the staff report, noting that staff had written to the state to get their concurrence to sign the upper trail as open and to make sure it is managed according to the rest of the trail system as far as use by equestrians and dogs. He showed where the trail ends and said they need to post it closed at the end because it leads to private property. He said there was not evidence of use by horses. He said both the District and state maps would be changed. C. Britton said the reason the trail connection is open to the ridge top is there is a lot of use already going on, and it does not appear that it has damaged the land. He said they would not be mapping and signing it now, but he did not think the District would be successful in closing it. D. Woods said at a minimum they would install the District's boundary signs. He said there is no line of demarcation between this property and the State park. He estimated that the Ridge Trail has been in place at that location for six or seven years. M. Williams outlined the terms and conditions of the acquisition. C. Britton said the District is withholding dedication because it is the only parcel the District owns on the easterly side of Highway 9 and it is surrounded by private property. Meeting 98-25 Page 3 The boundaries may need to be adjusted in the future. He said if staff is able to acquire additional land he would like to work with the county and state to get some kind of joint management arrangement. M. Williams said there is an old logging road on the property but he knew of no structures. He said the property had not been logged in recent history. C. Britton saluted M. Williams' efforts on acquiring the property, noting that staff had been looking at it for years. He said this was an excellent price and was a tribute to M. Williams' ability to negotiate. Motion: I Cyr 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 98-42 a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Purchase Agreement, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction(Saratoga Gap Open Space Preserve-Lands of Girdner); tentatively adopt the Preliminary Use and Management Plan recommendations contained in the report, including naming the property as an addition to Saratoga Gap Open Space Preserve; and indicate their intention to withhold dedication of the property as public open space at this time. P. Siemens seconded the motion. The motion passed 7 to 0. B. Agenda Item No. 2 -Proposed Acquisition of an Additional One-Sixth Interest in the Former L aye Et Al Proper From the Estate of Philip S. Sanfilippo as an Addition to Sierra A ul 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' Including,Naming the Proper as an Addition to Sierra Azul Open Space Preserve; and Indicate Their Intention to Withhold Dedication of the Proper as Public Open Space at This Time—(Report R-98-130) C. Britton outlined staff's recommendations. Motion: M. Davey 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 98-43 a Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Authorizing Acceptance of Agreement to Purchase Real Property, Authorizing Officer to Execute Certificate of Acceptance of Grant to District, and Authorizing General Manager to Execute Any and All Other Meeting 98-25 Page 4 Documents Necessary or Appropriate to Closing of the Transaction(Sierra Azul Open Space Preserve-Former Laye Et Ai, Property); tentatively adopt the Preliminary Use and Management Plan recommendations contained in the report, including naming the property as an addition to Sierra Azul Open Space Preserve; and indicate their intention to withhold dedication of the property as public open space at this time. P. Siemens seconded the motion. The motion passed 7 to 0. C. Agenda Item No. 3 -Permit to Enter for El Sereno, Fremont Older, St. Joseph's Hill' and Sierra Azul Open Space Preserves and Authorization for the General Manager to Execute the Permit to Enter Allowing Pacific Gas and Electric Comply and Its Contractors to Access These Preserves for the Purpose of Installing a New Circuit to an Existing 230 kV Transmission Line—(Report R-98-124). R. Anderson presented the staff report and noted changes to the Permit to Enter document as follows: Paragraph 3.0.e., add",if any," between the words"required" and"by" in the first sentence. Paragraph 4.0.d, add"performed by PG&E between"grading" and"shall" in the second sentence. Paragraph 4.0.f, identify selected culverts. Paragraph 4.0.i, indicate they need to work seven days a week. C. Britton stated that one of the benefits of granting the permit would be the improved condition of Woods Road. R. Anderson said there was a substantial amount of improvements included in the conditions in terms of culverts and headwalls. He said staff would monitor their fixing the road. C. Britton clarified the reason for the easement, stating that the high-tension line was the subject of litigation before the District was formed, and the District had not been involved in negotiating easements. He said District hands were tied in terms of the ability to restrict PG&E because it is already in the recorded easements. However, he thought this agreement gave the District some protection. Motion: P. Siemens moved that the Board authorize the General Manager to execute the Permit to Enter allowing Pacific Gas and Electric Company and its contractors to access El Sereno, Fremont Older, St. Joseph's Hill, and Sierra Azul Open Space Preserves for the purpose of installing a new circuit to an existing 230 kV transmission line, amended to direct that minor changes to the agreement may be approved by District legal counsel. J. Cyr seconded the motion. The motion passed 7 to 0. C. Agenda Item No. 4- Tem op arr y Partial Reimbursement of Rental Payments to Continue Employee Residence in the Sierra Azul Open Space Area and Authorization for the Meeting 98-25 Page 5 General_Manager to Reimburse Ranger Tom Randall for a Portion of His Housing Fxpenses, While Living in Non-District Housing in the Amount of$1,000 Per Month for a Period Not to Exceed Twelve Months, While a New Employee Residence is Established in the Mt. Umunhum Area—(Deport R-98-1261. G. Baillie presented staffs recommendation, noting that they hoped to establish a new residence in less than a year. He said staff has surveyed three different sites. He explained that the house would be rented at fair market value, and the ranger would pay half the rent and the other half would be paid by the District in exchange for the ranger's presence in the area; the ranger would get additional pay if they are called out for a specific need. Motion: N. Hanko moved that the Board authorize the General Manager to reimburse Ranger Tom Randall for one-half of his monthly rent while living in non-District housing, in the amount not to exceed $1,000 per month for a period not to exceed twelve months, while a new employee residence is established in the Mt. Umunhum area. P. Siemens seconded the motion. The motion passed 7 to 0. VIR. REVISED CLAIMS Motion: P. Siemens moved that the Board approve Revised Claims 98-19. K. Nitz seconded the motion. Discussion: Regarding H. Haeussler's questions on Claims 5013 and 5043, C. Britton said the claim for an acquisition needs to be considered at the same meeting at which the Board approves the acquisition. Mr. Haeussler suggested putting an asterisk behind such an item in the future and using a footnote saying, "if approved by the Board." Vote: The motion passed 7 to 0 IX. INFORMATIONAL REPORTS P. Siemens asked about responses to the letter sent regarding joining LAFCO. M. Smith said 6 or 7 of the 20 expressed a modicum of interest, but 11 were needed to proceed. Staff will contact the rest of those who received the letter. N. Hanko said she went to see some agricultural land that some citizens in East Palo Alto are trying to preserve. They are looking for an agency to acquire the one-acre agricultural site for $445,000. She referred to the Weekes Neighborhood Plan Study that had been done last year. She said staff recommended that they get in touch with the Trust for Public Land and POST. She said she explained that District policies do not provide for acquisition of lands that are inside the urban area. She suggested that perhaps the District could send a letter of support to any Meeting 98-25 Page 6 organization or trust who might be considering acquisition of the land in the future. N. Hanko said she had been contacted by Ada Quinn, an equestrian who was involved with a group of trail users wanting to advise the District on basic policies having to do with basic use being hiking and special use being everything else. She had asked Ms. Quinn to put her group's thoughts in writing. C. Britton said the basic policy section they were talking about would be back to the Board in December and staff was aware of the citizen concerns. R. Anderson is working on alternative wording. N. Hanko said she and B. Crowder had been invited by the South Skyline Association to make a presentation on October 30. D. Little had also been invited. D. Little said his initial impression of the District was a lot of smart people who work very well together and he was glad to be a part of it. C. Britton reported as follows: 1. Bair Island received an appropriation of$3.5 million from the Federal Land and Water Conservation Fund. 2. Will Travis, Executive Director of the Bay Conservation and Development Commission, will make a presentation at the Open Space Council meeting of November 20 to be held at the Presidio from 10:00 A.M.-1:00 P.M. 3. Staff had heard that the Packard Foundation would be considering the District's request for$200,000 for the coastal annexation process on November 9. 4. He and M. Williams attended the Land Trust Rally in Madison, WI. He said there are 1,200 land trust members. 5. POST will be doing a presentation on November 6 at the District about their program and how it integrates with the District's programs. 6. Staff met with Planning and Conservation League on a new initiative bond act for water quality that would include acquisition money for watershed lands. 7. He had met with the new Executive Director of Bay Area Ridge Trail Council, Clifford Janoff, and offered to talk to their Board about the District's basic policy document. J. Escobar pointed out in the FYIs the monthly update of field activity for September and said staff was following up on the September 11 bulldozing activity. He also referred to a letter from Hidden Villa complimenting staff on their work with them. X. ADJOURNMENT At 8:55 P.M. the meeting was adjourned to a Closed Session to discuss Closed Session Agenda Item 3. Roberta Wolfe Recording Secretary "laims No. 98-19 ieeting 98-25 Date: October 28, 1998 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 4983 549.44 Acme&Sons Sanitation, Inc. Sanitation Services 4984 129.22 ADT Security Systems Alarm Services 4985 40.55 Airgas Welding Supplies 4986 700.00 All-Cal Title Company Escrow&Title Fees 4987 49.92 Arne Sign Signs/Decals 4988 16.63 AT&T Telephone Service 4989 681.05 Automatic Rain Company Irrigation Supplies 4990 343.82 Big Creek Lumber Lumber 4991 133.79 Bowerman Electric Distel Building Interior Light Repairs 4992 388.08 Bruce Barton Pump Service Water System Pressure Tank 4993 331.93 Cabela's ATV Loading Ramps 4994 q 64.95- Cahill, John Vehicle Expense 223.93 4995 184.00 California Conservation Corps Plants for Resource Management 4996 429.40 California Water Service.Company Water Service 4997 85.24 Cal-Line Equipment, Inc. Filter for Chipper 4998 43.77 Callander Associates Windy Hill Parking Design Consultant 4999 50.59 Carolina Biological Supply Co. Nature Center Lab Supplies 5000 168.01 Cascade Fire Equipment Co. Fire Equipment and Supplies 5001 354.49 C I Electric, Inc. Distel Building Exterior Light Repairs 5002 97.06 Coastal Tractor Tractor Repairs/Parts 5003 682.80 Compurun Systems Computer Upgrades 5004 21.11 Contemporary Engraving Name Plates 5005 179.50 Communication&Control, Inc. Mt. Umunhum Water Service 5006 1153.62 Coyote Creek Riparian Station Resource Management Equipment 5007 35.98 Day-Timer Callendar 5008 1587.95 Dillingham Associates El Corte de Madera Parking Consultant 5009 1000.00 Done-Right Roofing &Gutter Enterprise Rental Roof Repair 5010 300.00 Enshallah, Inc. Consultation-Teague Hill Project 5011 156.95 FedEx Express Mail Service 5012 306.60 Film to Frame Photo Developing 5013 499000.00 Financial Title Company Land Purchase--Girdner 5014 4060.20 First American Title Ins. Co. Escrow&Title Fees 5015 48.97 Forestry Supplies Measuring Tape 5016 262.93 Freeman, Matt Vehicle Expense 5017 334.49 Goodco Press, Inc. Printing-Office Forms 5018 1250.00 Greenbelt Alliance/Greeninfo Patrol Map Designers 5019 470.00 GreenWaste Recovery, Inc. Skyline Dumpster Service 5020 30.30 G &K Services Shop Towel Service 5021 291.27 Hawkins Traffic Safety Supply Posts for Fencing 5022 124.95 Hengehold Motor Co. Inc. Van Rental-Thomewood Spillway Project 5023 100.00 *1 Hidden Villa Deposit for Staff Event 5024 335.51 Home Depot Field Supplies 5025 2190.98 JEDA Publications, Inc. Map/Brochure Printing 5026 231.84 Jobs Available Recruitment Advertisement 5027 103.47 Kinko's Printing Services 5028 55.00 Kwik Key Lock&Safe Company, Inc. Lock Repairs 5029 15.03 Lab Safety Supply Safety Labels 5030 74.34 Langley Hill Quarry Drain Rock for Restrooms Page 1 -1aims No. 98-19 fleeting 98-25 Date: October 28, 1998 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 5031 504.00 League of California Cities Advertisement 5032 177.14 City of Los Altos N. Los Altos Semi-Annual Water Charges 5033 202.36 Los Altos Garbage Company Dumpster Service 5034 385.55 Lucent Technologies Phone Maintenance Service 5035 491.33 McCullough, Julie Consultation-Restroom & Fencing 5036 188.39 MCI Long Distance Phone Service 5037 1150.00 Micro Accounting Solutions Computer Products& Consulting 5038 592.82 Minton's Lumber&Supply Field Supplies 5039 32.40 Moore Medical Corp. Medical Supplies 5040 223.60 New Sprayer Technology Company Parts 5041 61.91 Noble Ford Tractor, Inc. Parts for Tractor 5042 27500.00 North American Title Co. Land Purchase--Sardi 5043 14500.00 North American Title Co. New Land Purchase-Sanfilippo 5044 782.84 Office Depot Office Supplies 5045 423.34 Office Helper Office Supplies 5046 1532.54 Orchard Supply Hardware Field Supplies 5047 313.62 Pacific Bell Telephone Service 5048 63.79 PIP Printing Maps&Brochure Printing 5049 300,29 Pitney Bowes Credit Corporation Postage Meter Lease 5050 3118.03 Portola Park Heights Property Owners Assoc. Road Maintenance Dues 5051 7.95 Rails to Trails Conservancy Resource Document 5052 34.13 Rayne Water Conditioning Water Service 5053 451.50 The Recorder Recruitment Advertisement 5054 173.20 Roberts& Brune Company Culvert--Windy Hill Equestrian Trail 5055 46.60 Roberts Hardware Irrigation Supplies 5056 6506.32 Roy's Repair Service Vehicle Repairs 5057 130.99 Safety-Kleen Corp. Solvent Service 5058 474.40 San Francisco Newspaper Agency Recruitment Advertisement 5059 388.80 San Jose Mercury News Recruitment Advertisement 5060 81.00 Sequoia Analytical Water Testing 5061 2719.79 Shelton, Inc., John Construction Wall/Culvert 5062 687.14 Signs of the Times Signs 5063 165.75 Malcolm Smith Vehicle Expense 5064 407.22 Skyline County Water District Water Service 5065 9.12 Skywood Trading Post Diesel for Tractors 5066 11.87 Staples Office Supplies 5067 80.00 Taylor Rentals Cement Saw Rental 5068 690.10 Teater& Etc. Maps 101. 5069 60-00 Terminex Bi-monthly Service 5070 3550.72 Terratech, Inc. Consulting-Landslide&Storm Damage 5071 1066.50 USA Hydroseeding Erosion Control Seeds--Schilling Lake 5072 2622.81 USRentals Bobcat Excavator&Roller Rental 5073 1592.00 Department of Water Resources Rickey Dam Permit 5074 20554.00 The Warner Group Operations Review Study 5075 356.28 West Coast Rebar Company, Inc. Rebar for Trail Projects 5076 70.90 West Group Payment Center On-Line Legal Service Page 2 -1aims No. 98-19 leeting 98-25 Date: October 28, 1998 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 5077 2810.74 Visa 135.95 Resource Documents 202.32 Nature Center Supplies 215.00 Computer Disk File Recovery 124.40 Office Supplies 167.49 Local Business Meeting Expense 439.00 Land Trust Alliance Conference 43.73 Film Developing 575.38 Water Filter Cartridges 726.00 Vehicle Repairs 181.47 Field Supplies 5078R 1261.65 West Tek Erosion Control Matting-Thornewood 6079R 15.87 Tires by Wheelworks Tire Repair 5080R 1850.00 Mountain Man Wood Co., Inc. Tree Removal—La Honda Creek Bridge Project 5081 R 2066.27 Farrelle Communications Code 3 Equipment Installation—New Vehicles 5082R 7150.00 Done Right Roofing&Gutters Roof Installation—Enterprise Rental 6083R 862.21 L.C. Britton Reimbursement--National Land Trust Conference 6084R 173.88 Petty Cash Local Business Meeting Expense, Resource Materials, Training&Seminars, Office Supplies,Vehicle Expens and Volunteer Supplies *1 Urgent Check Issued October 21, 1998 TOTAL $631,236.32 Page 3 Regional Open !, -ice MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-99-02 Meeting 99-02 January 13, 1999 AGENDA ITEM I AGENDA ITEM Administer Oath of Office to Newly Elected Director GENERAL MANAGER'S RECOMMENDATION Administer the Oath of Office to Betsy Crowder,newly elected Director DISCUSSION The District held an election in November 1998 for Director,Ward 6. Betsy Crowder,the incumbent Director,was re-elected,and should now be sworn into office for her new four-year term. Prepared by: Peggy Coats,Administrative Analyst Contact person: Deirdre Dolan, District Clerk 330 Distel Circle . Los Altos,CA 94022-1404 . Phone:650-691-1200 FAX:650-691-0485 . E-mail:mrosd@openspace.org . Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz . General Manager:L.Craig Britton Regional Open , . .ice r MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-99-03 Meeting 99-02 January 13, 1999 AGENDA ITEM 2 AGENDA ITEM Election of Board Officers for 1999 GENERAL MANAGER'S RECOMMENDATIO Elect officers of the Board for the 1999 calendar year. DISCUSSION Pursuant to Section 1.22 of your Rules of Procedure,you elect new Board officers for the calendar year at your first meeting in January. The election will be by signed ballots,and the District Clerk will count the ballots. After the election,the ballots will be available for public inspection, if requested. Your Rules of Procedure list the order of officers to be elected as follows: President,Vice-President, Treasurer, and Secretary. The Treasurer is an automatic member of the Administration and Budget Committee. Prepared by: Peggy Coats,Administrative Analyst Contact person: Deirdre Dolan,District Clerk 330 Distel Circle . Los Altos,CA 94022-1404 . Phone:650-691-1200 FAX:650-691-0485 . E-mail: mrosd@openspace.org . Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz . General Manager:L.Craig Britton Regional Open _*ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-99-11 Meeting 99-02 January 13, 1999 AGENDA ITEM 3 AGENDA ITEM Public Hearing Pursuant to Government Code Section 6586.5 on the Proposed 1999 Revenue Bond Financing by the Midpeninsula Regional Open Space District Financing Authority and the Significant Public Benefit Thereof and the Final Approval for the Issuance of Such Bonds GENERAL MANAGER'S RECOMMENDATIONS 1. Hold a public hearing for the purpose of receiving comment on the proposed 1999 Revenue Bond financing by the Midpeninsula Regional Open Space District Financing Authority and the public benefit thereof. 3. After conducting required public hearing,adopt the attached resolution approving the issuance of the Midpeninsula Regional Open Space District Financing Authority 1999 Revenue Bond financing and determining that there are significant public benefits from such proposed financing,including demonstrable savings to the District. DISCUSSION At your Meeting of December 14, 1998 (see report R-98-151)you authorized the execution and delivery of the documentation necessary to allow the issuance up to$31,000,000 of the Midpeninsula Regional Open Space District Financing Authority 1999 Revenue Bonds. At the Financing Authority's Meeting of December 14, 1999(see Report R-98-02)the authority approved the issuance of such bonds. Your action as the District's Board of Directors included setting required public hearings pursuant to Government Code Section 6586.5. This statute requires public hearings to be held in any county where the proceeds of such a bond issue are proposed to be spent for District purposes. On January 12, 1999 you held the required hearing in San Mateo County. Public testimony should now be received in Santa Clara County on the significant public benefit to the District resulting therefrom,including demonstrable savings to the District. After the public hearing,the Board should adopt the attached resolution. In accordance with the attached letter from Tom Lockard, Managing Director of Stone and Youngberg,the District's underwriter,the aggregate savings expected from the Midpeninsula Regional Open Space District Financing Authority's Bond structure would total$370,000,which is deemed to be a significant savings as defined by law. Prepared by: L. Craig Britton,General Manager Contact person: Same as above 330 Distel Circle . Los Altos,CA 94022-1404 . Phone: 650-691-1200 FAX:650-691-0485 . E-mail:mrosd@openspace.org . Web site:www.openspace.org . Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz . Genera!Manager:L.Craig Britton MIDPENINSULA REGIONAL OPEN SPACE DISTRICT RESOLUTION NO. 99- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING THE ISSUANCE OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FINANCING AUTHORITY 1999 REVENUE BONDS AND DETERMINING THAT THERE ARE SIGNIFICANT PUBLIC BENEFITS TO THE DISTRICT FROM THE ISSUANCE OF SUCH BONDS WHEREAS, the Board of Directors (the "Board") of the Midpeninsula Regional Open Space District (the "District") on December 14, 1998, adopted a resolution calling two public hearings to be held by the Board, one to be held by the Board in San Mateo County on Tuesday, January 12, 1999, at 7:30 P.M., at the Town Hall, Town of Portola Valley, 765 Portola Road, Room 8, Portola Valley, California 94028, and one to be held by the Board in Santa Clara County on Wednesday, January 13, 1999, at 7:30 P.M., at the regular meeting place of the Board, 330 Distel Circle, Los Altos, California 94022, to consider (1) the proposed financing or refinancing of the acquisition of land located within the District for open space purposes of the District by the issuance by the Midpeninsula Regional Open Space District Financing Authority (the "Authority") of its Midpeninsula Regional Open Space District Financing Authority 1999 Revenue Bonds (the `Bonds"), and (2) whether there are any significant public benefits to the District from such proposed financing, including demonstrable savings to the District, such as savings in effective interest rate, bond preparation, bond underwriting or bond issuance costs (in accordance with Section 6586.5 of the California Government Code); WHEREAS, a notice of such public hearing in San Mateo County was duly published by the District as required by law in the San Mateo Count Ty imes, a newspaper of general circulation in San Mateo County, and a notice of such public hearing in Santa Clara County was duly published by the District as required by law in the San Jose Mercury News, a newspaper of general circulation in Santa Clara County, and copies of the proofs of publication of such notices of public hearings are on file in the office of the Clerk of the Board of Directors of the District; WHEREAS, such public hearing in San Mateo County was duly convened by the Board at the time and place as set forth in the notice of public hearing therefor and such public hearing in. Santa Clara County was duly convened by the Board at the time and place as set forth in the notice of public hearing therefor, and at such public hearings the Board heard all interested persons desiring to be heard; WHEREAS, evidence of the public benefits to the District from such proposed financing was presented by Stone & Youngberg LLC, as the proposed underwriter (the "Underwriter") of the Bonds; and DOCSSFI:320551.2 WHEREAS, the District has considered the presentation given by the Underwriter and is fully advised in the premises; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Midpeninsula Regional Open Space District, as follows: Section 1. All of the foregoing recitals are true and correct, and the Board so finds and determines. - Section 2. The Board hereby detennines that there are significant public benefits to the District from the proposed financing in that there will be demonstrable savings to the District from the issuance and sale of the Bonds and the funding of the Project Lease to be acquired with proceeds of the Bonds, including savings in bond preparation, bond underwriting or bond issuance costs (in accordance with Section 6586.5 of the California Government Code). Section 3. This resolution shall take effect from and after, its passage, approval and adoption. 2 DOCSSF1320551.2 PASSED AND ADOPTED by the Board of Directors of the Midpeninsula Regional Open Space District on January 13, 1999, by the following vote: AYES: Directors NOES: ABSENT: President of the Board of Directors of the Midpeninsula Regional Open Space District (SEAL) Attest: Secretary of the Board of Directors of the Midpeninsula Regional Open Space District 3 DOCSSF1320551.2 r � j Stone & Youngberg LLC Established 1931 January 6, 1999 Mr. Craig Britton Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, California 94022 Regarding: 1999 Financing Program Dear Craig: The 1999 Revenue Bond financing program is being implemented by the District's Joint Powers Financing Authority(JPA). The JPA was established in 1996 and at that time the District used this financing authority to engineer the District's 1996 financing program. During 1998 a law was passed requiring joint powers authorities to conduct public hearings in the jurisdictions where bond proceeds will be expended. The public hearings are intended to set out the purpose for the financing and to establish the costs savings expected to be achieved from the JPA financing. The 1999 financing program will refinance at lower interest rates promissory notes sold in 1992 and raise new funds for acquiring open space in Santa Clara and San Mateo Counties. By offering the financing program in one issue of JPA revenue bonds the District will realize savings in excess of$150,000 from the economy of issuing one bond issue rather than two- -one for the refunding and then another bond issue for the new funds. Included in the$150,000 estimated savings are the costs of bond counsel,trustee, rating,printing, regulatory compliance and underwriter's counsel. An additional$200,000 in savings is realized by structuring the 1999 financing program as bonds rather than as certificates of participation. Bonds are less expensive to sell than certificates and the annual cost associated with this trading difference in the current market is approximately 6 basis points. Finally, by combining issues,the District realizes some small annual administrative savings from only paying one set of trustee and continuing disclosure fees. I estimate the present value cost of these savings to be approximately$20,000. Therefore the aggregate savings expected from the JPA bond structure total$370,000. In my opinion, use of the JPA structure will provide significant public benefit to the District by generating the savings described above Sincerely, Stone oungberg LLC in Lockard Managing Director cc: Carlo Fowler, Orrick Herrington& Sutcliffe 50 California Street - San Francisco, California 94111 - 4151981-1314 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 1999 Financing Program - Annual Payment Profile $10,000,000 $9,000,000 $8,000,000 1999 Obliguthm Incretues at —4.8% Per Year- Refunds All 1992 Notes and Raises $21.5 $7,000,000 AIM in New Funttc.for Acquisitions $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 $- 4/1/1999* 411103 4/1/07 4/1/11 4/1/15 4/1/19 4/1/23 4/1/27 4/1/31 Land Contracts �1990 Notes 1993 COP 1995 Notes �1996 Notes ®1996 Lease 1999 Lease —00—Existing Debt Service I C i f P I I Total Debt Service Profile-After 1999 Financing vat I 11,,N.d owr v 19"M \o�v, 1I793 f s.$ a.}'.:1; i °,o,v 19W, i oj,v Fxisfing DS $ 64,000 $ 464,529 $ 457,743 $ 396,634 $ 402,445 $ 225,396 $ - 1.946,746 $ 64,000 $ 1,609,200 $ 1,266,935 $ 890,268 $ 1,269,440 $ 641,503 $ 739,803 a, S 6.529,283 $ 64,000 $ 1,606,328 $ 1,347,345 $ 884,193 $ 1,218,755 $ 657,153 $ 1,046,401 Y- S 6,563,239 ,2 $ 61,000 $ 1,604,908 $ 1,344,305 $ 877,968 $ 1,260,770 $ 680,718 $ 1,097,420 0,0 10:428 $ 559,000 $ 1,604,508 $ 1,349,300 $ 871,618 $ 1,289,178 $ 697,360 $ 1,155,450 S 7,149.793 $ 27,000 $ 1,599,858 $ 1,342,515 $ 865,168 $ 1,324,585 $ 722,253 $ 1,210,265 1'! 3 S 6,065,483 $ 27,000 $ 1,595,678 $ 1,348,763 $ 858,618 $ 1,360,985 $ 739,948 $ 1,271,525 T'O S 6,712320 $ 27,000 $ 1,596,318 $ 1,342,860 $ 851,968 $ 1,402,855 $ 765,238 $ 1,333,783 S 0,762,136 $ 27,000 $ 1,591,293 $ 1,340,190 $ 845,218 $ 1,444,653 $ 787,783 $ 1,401,565 S 0,909,14-4 $ 27,000 $ 1,585,549 1,345,300 $ 838,368 $ 1,481,080 $ 812,358 $ 1,469,380 I S 6,962,120 1,578,875 $ 1,347,900 $ 894,184 $ 1,458,480 $ 833,733 $ 1,541,710 6,897,169 $ $ 1,575,938 $ 1,343,070 $ 906,800 $ 1,486,710 $ 861,528 $ 1,623,106 S 6,941,574 $ $ 1,571,438 $ 1,340,403 $ 922,450 $ 1,513,973 $ 885,353 $ 1,702,925 S 6,996,415 $ $ 1,565,000 $ 1,339,945 $ 2,480,000 $ 1,540,118 $ 910,126 $ 1,790,188 S 7,045,021 $ 1,556,250 $ 1,341,780 $ 2,480,775 $ 1,571,918 $ 941,720 $ 1,879,048 7.110.005 $ $ 1,335,908 $ 3,258,575 $ 1,596,585 $ 968,338 $ 1,968,735 S, 7,159,405 S $ $ 1,332,328 $ 3,265,425 $ 1,631,758 $ 998,615 $ 2,073,094 2 S 7=8,125 $ $ $ 1,330,500 $ - $ 4,890,000 $ 1,025,000 $ 2,175,000 S 7,245,500 $ $ $ 1,126,163 $ - $ 5,130,000 $ 1,060,000 $ 2,285,000 S, 7,3W 161 S $ $ 1,129,556 $ - $ - $ 1,090,000 $ 2,395,000 2,219,556 S $ 1,124,931 $ - $ - $ 1,125,000 $ 2,515,000 2,249,931 $ - $ $ 1,122,288 $ - $ - $ 1,155,000 $ 2,645,000 S 2,277,299 - $ $ 1,121,338 $ - $ - $ 1,190,000 $ 2,775,000 S 2,311,338 $ - $ $ - $ - - $ 1,225,000 $ 2,915,000 S 1,225,000 S $ - $ $ $ - $ 1,265,000 $ 3,060,000 1,265,000 S $ - $ $ $ - $ 1,300,000 $ 3,210,000 1.300.000 $ $ $ $ 1,340,000 $ 3,375,000 S 1,340,000 $ $ $ $ 1,380,000 $ 3,545,000 S 1,380,000 $ $ $ $ $ 1,420,000 $ 3,715,000 S 1,420,000 $ $ $ $ $ $ $ 3,905,000 S $ $ $ $ $ 4,100,000 S $ $ $ $ $ $ 4,305,000 S $ $ $ 4,520,000 s Regional Open �. ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-99-06 Meeting 99-02 January 13, 1999 AGENDA ITEM 4 AGENDA ITEM Acceptance of Grant in the Amount of$200,000 from the David and Lucile Packard Foundation for Planning and Research Related to the Proposed lexation of the San Mateo County Coastal Area into District Jurisdiction GENERAL MANAGER'S RECOMMENDATIO Adopt the attached resolution which: a) Accepts Grant#98-4871 from the David and Lucile Packard Foundation in the amount of$200,000. b) Certifies that the District will comply with all Conditions of Grant, as outlined by the Foundation. c) Authorizes L. Craig Britton, General Manager, as agent of the Midpeninsula Regional Open Space District, to execute the attached Award Letter and Conditions of Grant, approves and ratifies the General Manager's January 12, 1999 execution of the Award Letter and Conditions of Grant, and authorizes the General Manager to receive the grant funds, conduct all procedures, and complete all documentation which may be necessary for the grant completion. BACKGROUND The District applied last year to the David and Lucile Packard Foundation for a grant in the amount of$200,000 to fund expenses related to the research and planning for the proposed annexation of the San Mateo County coast. In a letter dated December 15, 1998, Mr. Colburn Wilbur, Executive Director of the Foundation, informed the District that the grant application was successful, and funds would be disbursed upon completion of the necessary documentation. Formal acceptance of the grant award is necessary prior to the award of funds. The proposed budget for use of the grant funds is as follows: Geographic information systems (GIS) mapping of San Mateo County coastal area, including identification of parcels, existing land uses, and ownership patterns: $ 65,000 Public opinion polling research to assist in planning: $ 35,000 3-10 Distel Circle . Los Altos, CA 94022-1404 . Phone: 650-691-1200 FAX:650-691-0485 . E-mail: mrosdl1openspace.org . Web site:www.openspace.org Board of Piro(tors:Pete siemens,Mary C. Davey,led Cyr,Deane Little, Nonette Hanko, Betsy Crowder,Kenneth C. Nitz . G-eneral Manager:L.Craig Britton R-99-06 Page Two Hiring of temporary staff persons to conduct research including parcel information, mapping coordination, community input, field review, and preliminary planning: $ 95,000 Miscellaneous expenses, including printing, transportation, phone calls, meeting room rentals, and other out-of-pocket expenses: $ 5,000 Total: $200,000 In addition to the Board's formal acceptance of the grant award, it is advisable for the Board to certify that the District will comply with all Conditions of Grant, as outlined by the Foundation (attached). The District received confirmation of the award of the grant after the last December Board meeting. The Packard Foundation required that the Award Letter and Conditions of Grant be executed by January 12, 1999. In order to meet that deadline, I executed the documents necessary to accept the grant, in my capacity as General Manager. Therefore, I recommend that the Board ratify and approve the General Manager's execution of the Award Letter and Conditions of Grant as agent of the Midpeninsula Regional Open Space District, and authorize the General Manager to receive the grant funds, conduct all procedures required under the Conditions of Grant, and execute and submit all documents which may be necessary for the accounting and disbursement of the grant funds. Prepared by: M. Smith, Public Affairs Manager Contact person: L. Craig Britton, General Manager Regional Open ; ace ----------- MIDPENINSULA REGIONAL OPEN SPACE DISTRICT RESOLUTION No. 99- RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT ACCEPTING A GRANT IN THE AMOUNT OF $200,000 FROM THE DAVID AND LUCILE PACKARD FOUNDATION FOR PLANNING AND RESEARCH RELATED TO THE PROPOSED ANNEXATION INTO DISTRICT JURISDICTION OF THE SAN MATEO COUNTY COASTAL AREA WHEREAS, the David and Lucile Packard Foundation periodically provides grant funds on a competitive basis to various agencies in order to address a number of environmental protection and preservation concerns and issues throughout California; and WHEREAS, the District, after over a year of research, fact-finding, and public opinion polling has determined that the protection of the coastal area of San Mateo County is of national significance, and that the most viable method of permanent preservation is annexation by the District; and WHEREAS, based upon the District's recognition of this area's critical importance, and on the positive vote on an advisory measure in the coastal area, the District proposes to annex the coastal area of San Mateo County from the southern border of the City of Pacifica to the Santa Cruz County line; and WHEREAS, the District applied to the David and Lucile Packard Foundation for a $200,000 grant to be used to perform geographic information systems (GIS) mapping of the area, for additional public opinion polling research to assist in planning, and for other research and planning expenses related to the annexation; and WHEREAS, the David and Lucile Packard Foundation has notified the District that its Board of Trustees has approved a $200,000 grant to the District, and the General Manager has accepted this grant and executed the Award Letter and Conditions of Grant. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District: 1. Graciously and with great appreciation accepts Grant#98-4871 in the amount of$200,000 from the David and Lucile Packard Foundation. 2. Certifies that the District will comply with all Conditions of Grant, as outlined by the Foundation. 3. Approves and ratifies the General Manager's January 12, 1999 execution of the Award Letter and Conditions of Grant, and authorizes the General Manager to receive the grant funds, conduct all procedures required under the Conditions of Grant, and to execute and submit all documents which may be necessary for the accounting and disbursement of the grant funds. THE DAVID AND i,#-JCILE PACKARD FOUNDATIO,, December 15, 1998 Mr. L. Craig Britton,General Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altos,CA 94022-1404 RE: Grant#98-4871 Dear Mr. Britton: It is a pleasure to inform you that the Board of Trustees of The David and Lucile Packard Foundation has approved a grant in the amount of$200,000 to the Midpeninsula Regional Open Space District. This grant is support for planning and research in anticipation of the proposed expansion of jurisdiction to include the San Mateo County coast,as described in your letter and proposal dated September 9, 1998. Enclosed are two copies of this Award Letter and Conditions of Grant. Please sign and date one of these sets, and return it to us. Funds will not be released prior to the receipt of the signed Conditions of Grant. You may keep the other set for your files. Please contact your program officer,Jeanne Sedgwick,with any questions about this grant. In all correspondence with us,please refer to the above grant number. In addition, we ask that you inform us if there are changes in agency personnel who are important to the administration of the grant, if there are significant difficulties in making use of the funds for the purposes described in your grant proposal, or if the grant funds cannot be expended in the time period set forth in your grant proposal. You may not use the funds in any way other than as referred to in the first paragraph of this letter and in the attachment unless you receive written permission from the Foundation. Any portion of the grant funds not committed to the purposes described herein must be returned to the Foundation. The Foundation will include information on this grant in its periodic public reports and may also refer to the grant in a press release. If you wish to make a public announcement, please consult with the Foundation before doing so. Your grant is scheduled to be paid as follows: Reports have been scheduled as follows: January 1999 $200,000 Final Report February 15, 2000 If the payment or reporting schedules present any significant difficulties for you, please contact Jeanne Sedgwick as soon as possible. The Foundation Trustees,Jeanne Sedgwick and I are pleased to be able to assist you in this project. We wish you success and look forward to hearing from you. Cordially, Colburn S. Wilbur Executive Director CSW/mr Enclosures: Award Letter,Conditions of Grant 300 Second Street,Suite 200 Los Attar, California 94022 (650)948-7658 THE DAVID AND LUCII.E PACKARD FOUNDATION CONDITIONS OF GRANT This Conditions of Grant form refers to and incorporates the Notice of Award dated December 15, 1998, from The David and Lucile Packard Foundation. The Foundation may include information on this grant in its periodic public reports and may also refer to the grant in a press release. By accepting these grant funds,the grantee agrees to such disclosure. The undersigned agency agrees that it will: I. Submit full and complete reports on the manner in which the funds are spent based upon the program budget submitted and the progress made in accomplishing the purpose of the grant. Such reports are to be made as set forth in the Award Letter. II. Maintain books and records as required by Internal Revenue Service regulations and be prepared to make such books and records available to The David and Lucile Packard Foundation if requested within a reasonable time. III. Not use any of these grant funds: A. To carry on propaganda or otherwise to attempt to influence legislation within the meaning of Internal Revenue Service Code Section 4945(d)(1); B. To influence the outcome of any specific public election or to carry on, directly or indirectly, any voter registration drive within the meaning of Internal Revenue Service Code Section 4945(d)(2); C. For any grant which does not comply with the requirements of Internal Revenue Service Code 4945(d)(4)(relating to grants to organizations other than public charities); D. For any purpose other than religious, charitable, scientific, or educational, within the meaning of Internal Revenue Service Code Section 170(c)(2)(B). E. For purposes other than those stated in the Award Letter. 1V. Advise the l-outidation immediatch, if tilt, tederal gkivertuttt,itt givos ncltiticatic'n that the nndersi}tned agency's tax status has been changed. V. Return any funds not expended or committed for the purposes of the grant within the grant period or for any extension of the grant period. Read and agreed to by: Midpeninsula Regional Open Space District/Grant#98-4871 By; Date (Signal ure) Printed Name: Title: 300 Second Street,Suite 200 Los Altos,California 94022 (650)948-7658 Regional Open Soce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-99-04 Meeting 99-02 January 13, 1999 AGENDA ITEM 5 AGENDA ITEM Appointment of Administration and Budget Committee fob'1999 GENERAL MANAGER'S RECOMMENDATI The new President of the Board should appoint the Administration and Budget Committee members for the 1999 calendar year with your consent. DISCUSSION Section 1.82 of your Rules of Procedure states that appointments to the Administration and Budget Committee shall normally be made at the first regular meeting in January and that the Board Treasurer shall be one of the three members of the Committee. The appointment of the Administration and Budget Committee is placed near the end of the agenda in order to allow the newly elected Board President some time to contemplate the filling of the two open Administration and Budget Committee seats;the 1999 Treasurer will have been selected by the Board earlier in the evening. Prepared by: Peggy Coats,Administrative Analyst Contact person: Deirdre Dolan, District Clerk 330 Distel Circle e Los Altos, CA 94022-1404 . Phone:650-691-1200 FAX:650-691-0485 . E-mail:mrosd@openspace.org . Web site:www.openspace.org ` Board of Directors:Pete Siemens,Mary C. Davey,led Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz . General Manager:L.Craig Britton Regional Open 9#bce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-99-10 Meeting 99-02 January 13, 1999 AGENDA ITEM _ 6 AGENDA ITEM Attendance at the 1999 Special District Board Management Institute GENERAL MANAGER'S RECOMMENDATION Authorize Director Little to attend the 1999 Special District Board Management Institute at a projected cost of$1200. DISCUSSION The 1999 Special District Board Management Institute will be held on Thursday and Friday, February 18 and 19 in Huntington Beach(Orange County), California. Topics to be covered in the program include Board leadership in special government, special district law, financial management and control, personnel policy, planning, communications and community relations, and a special report from Sacramento. The fee for the Special District Board Management Institute is $695 per person. This includes tuition, all instructional materials, Thursday and Friday luncheons, Thursday reception and continental breakfast each day. Total projected expenses, including fees, airfare, lodging, and meals, are approximately $1200 per person. New board members have attended the Special District Board Management Institute in the past. It is an excellent way for a new Director to gain a comprehensive view of Board responsibilities. I am also planning to attend this year with Director Little. Prepared by: L. Craig Britton, General Manager Contact Person: Same as above 330 Distel Circle . Los Altos, CA 94022-1404 . Phone:650-691-1200 FAX:650-691-0485 . E-mail: mrosd@openspace.org . Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C,Nitz . General Manager:L.Craig Britton Regional Open S, ice 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-99-05 Meeting 99-02 January 13, 1999 AGENDA ITEM 7 AGENDA ITEM Consulting Services Agreement for 1999 with Legislative Consultants Heim, Noack, Kelly & Spahnn GENERAL MANAGER'S RECOMMENDATI0 Authorize the General Manager to execute the attached Consulting Services Agreement with Heim, Noack, Kelly & Spahnn for legislative consulting services in Sacramento. DISCUSSION The attached Consulting Services Agreement with Heim, Noack, Kelly & Spahnn is for a one- year term for legislative consulting services in Sacramento. The terms and conditions of the proposed agreement remain unchanged from the previous agreement, and the consulting fee of $1,100 per month, plus a monthly expense allowance of$55, has not increased since 1989. Heim, Noack, Kelly & Spahnn continue to provide excellent service at a very modest cost, especially considering the returns to the District. Ralph Heim has represented the District in Sacramento for the past 14 years. He has worked very effectively on the District's behalf and has done an outstanding job of protecting the District's legislative interests. Prepared by: M. Smith, Public Affairs Manager Contact person: L. Craig Britton, General Manager 330 Distel Circle . Los Altos,CA 94022-1404 . Phone:650-691-1200 FAX:650-691-0485 . E-mail: mrosd@openspace.org . Web site:www.openspace.orgr Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz . General Manager:L.Craig Britton Heim, No act, KellpAn G 0 V E R N M E N T 1% L P V L A T 1 0 N 9 Ralph A.Heim Russell W.Noack Anne Kelly CONSULTING SERVICES AGREEMENT Leslie S.Spahnn John Caldwell THIS AGREEMENT, entered into this 1 st day of January, 1999, by and between MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, hereinafter called "District", and HEIM, NOACK, KELLY & SPAHNN, a California Corporation, hereinafter called "Legislative Consultant", or "Consultant." The parties hereto do mutually agree as follows: 1. ENGAGEMENT OF CONSULTANT The District hereby agrees to engage Consultant, and Consultant agrees to perform the services hereinafter set forth in this Agreement. 2. SCOPE OF SERVICES Consultant shall do, perform and carry out in a satisfactory and proper manner, as determined by District, the following services: a. Become familiar with District's Legislative Program for 1999 and its special legislative concerns. b. Advocate legislation and amendments to legislation to Sacramento legislators and administrators and their staffs which will enhance District's funding or result in other legislation favorable to District, with an emphasis on District's Legislative Program for 1999 and related matters, and other legislative or State administrative matters as may be assigned from time to time. C. Monitor and advise of status of pending legislation which may affect District. d. Evaluate and advise District as to the political climate in Sacramento, the best channels for influencing legislation affecting District, desirable kinds of legislation in light of District's problems, purposes and goals, and the best strategies for achieving legislation favorable to District. 1121 L Street,Suite 100 Sacramento,CA 95814 Tel.(916)442-4584 Fax(916)441-4925 e. Maintain and improve liaison between District and members of the Legislature and the State Administration. f. Attend legislative hearings and other legislative meetings on behalf of District when a District representative is unable to be there or as otherwise appropriate. 9. When beneficial to District, coordinate District efforts with advocates of other regional park or open space districts, special district associations, park and recreation associations, and other appropriate organizations. 3. RESPONSIBILITIES OF DISTRICT District shall cooperate with and furnish necessary data to Consultant in every reasonable way to assist Consultant in carrying out its services under this Contract. Consultant's principal contact with District shall be District's General Manager or designee. 4. PERSONNEL a. Consultant represents that it has, or will secure at its own expense, all personnel required in performing the service under this Contract. Such personnel not be employees of or have any contractual relationship with District. 5. TIME OF PERFORMANCE The services of Consultant are to commence January 1, 1999 and continue through December 31, 1999. 6. COMPENSATION The District agrees to pay the Consultant at a fixed monthly rate of $1,100.00 plus a monthly expense allowance of $55.00. The expense allowance shall cover costs of telephone, postage, photocopying, bill service and other out-of-pocket expenses. If cumulative expenses have significantly exceeded cumulative expense allowances and it appears this situation will continue, consultant may request an increase in the allowance which shall be considered by the General Manager. Compensation for travel expenses, such as those to the District, which may cause the cumulative expense allowance to be exceeded, must be authorized in advance by the General Manager. Said payments shall be prorated for any fractional month at the beginning and end of the contract period. Such compensation shall constitute the total amount payable by District under this agreement and shall include all costs and expenses of Consultant. Consultant shall bill District at the end of each calendar month, and the District shall remit within 30 days of said billings. 7. TERMINATION District shall have the right to terminate this agreement by five (5) days written notice at any time, with or without cause. Consultant shall be entitled to compensation for all services rendered up to the date of termination. Consultant also shall have the right to terminate this agreement by fifteen (15) days written notice at any time, with or without cause. 8. EQUAL EMPLOYMENT OPPORTUNITY The Consultant shall not willfully discriminate against any employee or applicant for employment because of race, color, sex, religion, ancestry, or national origin. Consultant shall take affirmative action to ensure that applicants are employed without regard to their race, color, sex, religion, ancestry, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 9. ASSIGNABILITY The Consultant shall not assign any interest in this agreement, and shall not transfer any interest in the same, or any payments to be received hereunder, without the prior written consent of District. 10. INTEREST OF CONSULTANT Consultant covenants that is presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of services required to be performed under this agreement. Consultant shall from time to time advise General Manager of the District as to the names of other persons and/or organizations that Consultant represents in legislative matters. 11. FINDINGS Any reports, information, data, etc. given to or prepared or assembled by Consultant under this contract which District requests to be kept as confidential shall not be made available to any individual or organization by Consultant without the prior written approval of District. 12. USE OF FUNDS Consultant shall not expend any of the funds received as compensation hereunder in support of or in opposition to any candidate for any political office or in support of or in opposition to any ballot measure. Compensation is limited to the cost of services actually rendered and expenses, and specifically does not include political contributions of any type whatsoever. IN WITNESS WHEREOF, District and Contractor have executed this Agreement as of the date first written above. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT By: Mr. L. Craig Britton, General Manager HEIM, NOACK, KELLY & SPAHNN By: Mr. Ralph A. Heim, President Regional Open #ce 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-99-13 Meeting 99-02 January 13, 1999 AGENDA ITEM 8 AGENDA ITEM Approval of Retainer Agreement for Legal Services With the Law Firm of Miller, Starr, and Regalia and Authorize Initial Payment for Services in the Amount of$35,000 GENERAL MANAGER'S RECOMMENDATION _-4- f 1. Approve the attached retainer agreement for legal service with the law firm of 1lffiller, Starr, and Regalia. 2. Authorize the General Manager to sign the agreement on behalf of the District and authorize initial payment for services in the amount of$35,000 (including the $10,000 already paid under the General Manager's authorization). DISCUSSION: Since the end of 1998, the District has been working on complex real estate matters that have required the assistance of legal counsel with specialized expertise and has required additional legal support to handle these potential real estate transactions. To fill this need, the District Legal Counsel recommended that the District retain the firm of Miller, Starr, and Regalia. The General Manager has the authority to retain persons for professional services in an amount not to exceed $10,000 and has done so. However, these services have exceeded the General Manager's level of authorization and require Board approval in order to be paid. Additional costs are anticipated in the future as the need for these services is expected to continue. Staff will return to the Board for additional authorization when needed. Prepared by: Susan Schectman, District Legal Counsel Contact person: Same as above 330 Distel Circle e Los Altos, CA 94022-1404 . Phone:650-691-1200 FAX:650-691-0485 . E-mail:mrosd@openspace.org . Web site:www.openspace.org ' Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little, Nonette Hanko,Betsy Crowder,Kenneth C.Nitz . General Manager:L.Craig Britton JAN. -08* 9901) 14:23 M, S, & R TEL:650 462 1010 P. 003 MILLER 645 Xivvwimo firm, SLITS 200 STARR Mtmw PALUL REGALIA& C4mronNtA 94025 * ?"UP XONIONAL FACSIMmg (650) 02-1010 LAW CURFAR4TON TtLEP"ONK (6fil)) 463-7800 RODIN B.K9NNCvy December 31, 1998 Craig Britton, Executive Director Sue SchectrneA Esq. Mid Peninsula Open Space District 330 Distel Circle Los Altos,CA 94022 Dear Craig and Sue: As is our practice, we wish to explain in detail our billing policies and practices relating to the professional fees which will be incurred by you as a result of the services which our firm renders on your behalf After you have had a chance to review this letter in detail, please feel free to call me to discuss any questions or concerns you may have. If,after your review, you find the terms acceptable please so indicate by signing and returning this letter. (We will return a copy to you for your file.) This letter of engagement supersedes the existing letter of engagement between you and us. DESCRIPTION OF SERVICES: We will assist in the documentation of a transaction in which the Mid Peninsula Open Space District will purchase,from Arlie Land and Cattle,certain real property in Santa Clara County in the vicinity of the Lexington Reservoir. 'I'lle foregoing does not contemplate filing litigation. SCOPE AND DUTIES: We will provide legal services within the scope of the description of services set forth above. LEGAL FEES AND BILLING PRACTICES: You agree to pay by the hour at our prevailing rates for time spent on your matter by our legal personnel. The current hourly rates for legal personnel(and other billing rates)are set forth on the attached Rate Schedule. My ctu-rent hourly rate is$295. The Rate Schedule provides for periodic increases. Hourly rates for legal personnel have historically been adjusted annually on October 1st. COSTS AND OTHER CHARGES: In addition to paying legal fees, we shall receive reimbursement for all costs and expenses we incur in our representation of you, including,but not limited to, in-office photocopying,facsimile transmission charges, MPOSQ742501012k I 0 W A L N it T CRKNX ♦ RIKNI ii P S N L N T 0 JA -08' 99 (FRI 1 14:23 M, S, & R TEL:650 462 1010 P. 004 Mid Peninsula Open Space District December 31, 1998 Page 2 computerized legal research,word processing charges, and file maintenance charges. The foregoing list is not an exhaustive list of potential costs and expenses, STATEMENTS: We will send you periodic statements for fees and costs incurred. You agree to pay our statement in full within ten days after each statements date. FINANCE CHARGE: A finance charge at AN ANNUAL PERCENTAGE RATE OF TEN PERCENT(10%),not to exceed the maximum legal interest raw,will be assessed on the unpaid balance of all statements after thirty days. DISCHARGE AND WITHDRAWAL: You may discharge us at any time. We may withdraw immediately with your consent,or for good cause,or at any time upon sixty(60) days notice. Good cause shall include your breach of this agreement,your refusal to cooperate with us or to follow our advice on a material M41M,Or any other fact or circumstance that would render our continuing representation unlawful or unethical. We may withdraw from representation of you should fees and costs not be paid within 30 days of billing. You agree to execute all documents necessary to facilitate our withdrawal from representation, CONCLUSION OF SERVICES: When our services conclude,all unpaid charges shall become immediately due and payable. After our services conclude,we will,upon your request deliver a copy of your file to you,along with any of your funds or property in our possession. DISCLAIMER OF GUARANTEE: Nothing in this letter agreement and nothing in our statements to you will be construed as a promise or guarantee about the outcome of your matter. We make no such promises or guarantees. Our comments about the outcome of your matter are expressions of opinion only. INSURANCE: Miller, Starr&Regalia currently maintains errors and omissions insurance coverage in amounts in excess of the limits set forth in the California Business and Professions Code section 6148 (a)(4). ARBITRATION OF DISPUTES: If a dispute arises with respect to your liability for fees,costs,expenses and finance charges incurred you have the right,in accordance with applicable provisions of the California Business and Professions Code Sections 6200,et 7- Agq,,to submit such disputes to arbitration. In the event of a fee dispute or a dispute involving a cWtu of professional negligence,you and Miller, Starr& Regalia each agree to submit the dispute to arbitration and we each agree to be bound by the award of the arbitrators. We each agree that any such award shall be enforceable in accordance with provisions of the Code of Civil Procedure and the Business and Professions Code. MPOS\3142 5%3 10728,1 JAN. -08' 99(FRH 14=24 M, S, & R TEL:050 452 1010 P. 005 Mid Peninsula Open Space District December 31, 1998 Page 3 NOTICE: BY INITIALING IN THE SPACE BELOW, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE'ARBITRATION OF DISPUTES'PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW;AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THAT DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE, 'ARBITRATION OF DISPUTES'PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY, I HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION. Initials Initials In any litigation arising out of this Agreement,or to enforce an award of arbitration,the prevailing party shall be entitled to attorney's fees and costs. MILL ER, STARR,& REGALIA Robin B. Kennedy MrosU742SQ 107281 JAINA8' 99(FRH 14:114 NI, S, & R TEL:650 462 1010 F. 006 Mid Peninsula Open Space District December 31, 1998 Page 4 1 have read the foregoing letter agreement,and I understand its provisions and agree to be bound by the terms of the letter agreement. Client: Mid Peninsula Open Space District by: Craig Britton MPOSW42n 107261 JAIN- 1819(FRI ) 14:25 11, S, & R TEL:650 462 1010 P. 007 MILLER,STARR& REGALIA RATE SCHEDULE A. Hourly Rates for Legal Personnel Senior Principals $250 to $325/hour Principals $195 to$280/hour Associates $100 to $190/hour Legal Assistants $ 85 to $100/hour Law Clerks $ 75 to $90/hour Document Clerks $25 to$40/hour B. Costs and Expenses In-Office Photocopying 250/page Mileage 3 1 0/mile Word Processing $35/hotw Facsimile Transmission $1/page Information America $55/search Westlaw $12/minute Lexis $106/search C. Subject to Change The rates on this schedule Are subject to change without notice, Hourly rates for legal personnel have historically been adiusted annually on October 1st. MPOS\37425U10728.1 Regional Open 5, -4ce MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manage DATE: January 13, 1999 SUBJECT: FYI 330 Distel Circle . Los Altos, CA 94022-1404 . Phone: 65O 69'1-1200 �141 FAX: 670-691 0457) . E-mail: mrosde1openspace.org . Weh site: www.openspace_org /3oa0 0 Oiw(lol':Petc 5icmcns,Marv( . I)avcy,led Cyr, Demw Little, Ncmetle Rmkn,Betsv( rcnvcler, Kenneth( . Nit/ . Genci,il M ilwj er:I ( r,wi Brilwn Regional Open "-)ace ' MIDPENINSULA REGIONAL OPEN SPACE DISTRICT January 8, 1998 Mr. Colburn S. Wilbur Executive Director The David and Lucile Packard Foundation 300 Second Street, Suite 200 Los Altos, CA 94022 Subject: Acceptance of Grant 498-4871 (San Mateo County Coastal Annexation Project) Dear Mr. Wilbur: I am very pleased to provide to you a signed and dated Award Letter and Conditions of Grant, enclosed, as you requested in your Notice of Award dated December 15, 1998. The Board of Directors of the Midpeninsula Regional Open Space District will ratify the execution of these documents by formal approval and acceptance of the award of this grant at their regular meeting scheduled for Wednesday, January 13, 1999 (agenda item #4). For your information, I have enclosed a copy of the agenda and Board report. I expect this item to be unanimously approved by the Board, with great appreciation. Thank you for the Foundation's recognition that preservation of the San Mateo County coastal area is of the utmost importance. Please feel free to contact me if there is any further information which would be of use to you, in addition to that required in the Conditions of Grant. Si cerely;., L. Britton General Manager LCB/mcs cc: MROSD Board of Directors 330 Distel Circle . Los Altos,CA 94022-1404 . Phone:650-691-1200 FAX:650-691-0485 . E-mail:mrosd®openspace.org . Web site:www.openspace.org Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz . Genera!Manager:L.Craig Britton i THE DAVID AND LUCILE PACKARD FOUNDATION December 15, 1998 \ Mr. L. Craig Britton,General Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022-1404 RE: Grant 4984871 Dear Mr. Britton: It is a pleasure to inform you that the Board of Trustees of The David and Lucile Packard Foundation has approved a grant in the amount of$200,000 to the Midpeninsula Regional Open Space District. This grant is support for planning and research in anticipation of the proposed expansion of jurisdiction to include the San Mateo County coast, as described in your letter and proposal dated September 9, 1998. Enclosed are two copies of this Award Letter and Conditions of Grant. Please sign and date one of these sets, and return it to us. Funds will not be released prior to the receipt of the signed Conditions of Grant. You may keep the other set for your files. Please contact your program officer,Jeanne Sedgwick, with any questions about this grant. In all correspondence with us, please refer to the above grant number. In addition, we ask that you inform us if there are changes in agency personnel who are important to the administration of the grant, if there are significant difficulties in making use of the funds for the purposes described in your grant proposal, or if the grant funds cannot be expended in the time period set forth in your grant proposal. You may not use the funds in any way other than as referred to in the first paragraph of this letter and in the attachment unless you receive written permission from the Foundation. Any portion of the grant funds not committed to the purposes described herein must be returned to the Foundation. The Foundation will include information on this grant in its periodic public reports and may also refer to the grant in a press release. If you wish to make a public announcement, please consult with the Foundation before doing so. Your grant is scheduled to be paid as follows: Reports have been scheduled as follows: January 1999 $200,000 Final Report February 15, 2000 If the payment or reporting schedules present any significant difficulties for you, please contact Jeanne Sedgwick as soon as possible. The Foundation Trustees,Jeanne Sedgwick and I are pleased to be able to assist you in this project. We wish you success and look forward to hearing from you. Cordially, . T1 Colburn S. Wilbur Executive Director r CSW/mr Enclosures: Award Letter, Conditions of Grant 300 Second greet.Smile 200 Los Altos, California 94022 (650)948-7658 THE DAVID AND LU,,-,ILE PACKARD FOUNDATION CONDITIONS OF GRANT This Conditions of Grant form refers to and incorporates the Notice of Award dated December 15, 1998, from The David and Lucile Packard Foundation. The Foundation may include information on this grant in its periodic public reports and may also refer to the grant in a press release. By accepting these grant funds, the grantee agrees to such disclosure. The undersigned agency agrees that it will: I. Submit full and complete reports on the manner in which the funds are spent based upon the program budget submitted and the progress made in accomplishing the purpose of the grant. Such reports are to be made as set forth in the Award Letter. II. Maintain books and records as required by Internal Revenue Service regulations and be prepared to make such books and records available to The David and Lucile Packard Foundation if requested within a reasonable time. III. Not use any of these grant funds: A. To carry on propaganda or otherwise to attempt to influence legislation within the meaning of Internal Revenue Service Code Section 4945(d)(]); B. To influence the outcome of any specific public election or to carry on, directly or indirectly, any voter registration drive within the meaning of Internal Revenue Service Code Section 4945(d)(2); C. For any grant which does not comply with the requirements of Internal Revenue Service Code 4945(dx4) (relating to grants to organizations other than public charities); D. For any purpose other than religious, charitable, scientific, or educational, within the meaning of Internal Revenue Service Code Section 170(c)(2)(B). E. For purposes other than those stated in the Award Letter. IV. Advise the Foundation immediately if the federal government gives notification that the undersigned agency's tax status has been changed. V. Return any funds not expended or committed for theSjGFqj the. th' 4 r for any extensio a grant period. ai �� Read and agreed to p insula Regional Open Space District/Grant#98-4871 By: Date 8 (Signature) Printed Name: L. Craig Britton Title: General Manager 300 Second Street.Suite 200 Los Altos,California 94022 (650)948-7658 Regional p► , dace �r MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manager DATE: January 8, 1999 SUBJECT: FYI 110 Distel Circle . Los Altos, CA 94022-1404 . Phone: 650 691 1200 FAX:6 i0-691 0485 . E-mail: mrosd D7openspa(e.org . Web site:�ww.openspace.or $omd of 1)irec(ots Pete Siemens,Mary( . 1)mev,)ed(vr,Deane Little, Nonette Hanko, 1�0 v Crowder, Kenneth C.Nil/ . (Ionei'd h-lmmii er: I Craig Billion RegionalOpf Space 1 1 January 4, 1999 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Ms. Sally Boyd 3 3 52 La Mesa Drive#17 San Carlos, CA 94070 Subject: Pulgas Ridge Open Space Preserve -Resource Restoration and Habitat Enhancement Project Dear Ms. Boyd: Thank you for your December 3, 1998 letter regarding the Pulgas Ridge Habitat Restoration Plan. I would like to take this opportunity to try to address your concerns related to the phased removal of Eucalyptus trees along the ridgeline. The District's Board and staff understand your concerns about the visual impact of this project. Eucalyptus is an invasive, non-native species that, over time, will crowd out native vegetation. Because the District's management goal is intended to protect the natural resources in perpetuity, we must consider the long term impacts of our actions or lack of action. The project's objectives are consistent with the District's mission statement and resource management policies. As we have discussed at previous meetings, the priorities of the restoration plan are to remove both eucalyptus and acacia trees to promote healthy native vegetation communities. The tree removal is very gradual, and is expected to extend over the next 20 years or more. It is not a clear cutting operation, but a selective removal retaining substantial trees to minimize the short-term visual impact. The article you included with your letter mentions eucalyptus trees providing soil stabilization. Most vegetation accomplishes the same goal. At Pulgas we immediately seed the area with fast growing grass in the fall and then augment the natural regeneration process with the seeding woody plants in the spring. Additionally, substantial trees are retained in the management areas. Our greatest focus is on the trees adjacent to the native vegetation communities. Thus, our work this year has focused on removing selective trees from above the native coast live oak habitat. Trees along the road were retained. The intention was to thin the density of trees to a manageable number within this area as discussed at the informational meeting at the Brittan Heights Club House on September 29, 1998. The restoration project is now finished for this year. The District's efforts will continue incrementally each year until completion, as stated in the Restoration Plan. 330 Distel Circle . Los Altos, CA 94022-1404 . Phone: 650-691-1200 FAX:650-691-0485 . E-mail:mrosd@openspace.org . Web site:www.openspace.org Beard of Dir'ecfors:Pete Siemens,Mary C. Davey,led Cyr, Deane Little, Nonette Nanko,Betsy Crowder,Kenneth C.Nitz . General Manager:L.Craig Britton AIL Tamara Gilbert a Board Member of the Brittan Heights Homeowners Association and I are organizing a field trip for interested homeowners to view the restoration sites and discuss the future efforts identified in the restoration plan. If you are interested, we will meet at 2:OOpm at the Blue Oaks Trail head on January 10, 1999. I hope that I have provided some reassurance that the removal of the Eucalyptus will be slow and gradual. I do feel that the phased implementation will help to preserve the visual aesthetics of the site. Hopefully, this letter better explains the selective removal process we are using to minimize the visual impact, specifically as viewed form Brittan Heights. If you have additional questions, please feel free to contact the District's resource management specialist, Ms. Jodi Isaacs, at (650) 691-1200. ncerely, L. Crai Brittan General Manager BC ji cc: Board of Directors AIRPORT/COMMUNITY ROUNDTABLE San Francisco International Airport and • Local Governments in San Mateo County January 4, 1999 L. Craig Britton, General Manager Midpeninsula Regional Open Space District 'J A N 6 330 Distel Circle Los Altos, CA 94022-1404 Dear Mr. Britton: Re: Request for Midpeninsula Regional Open Space District (MPROSD) Membership on the Airport/Community Roundtable Thank you for your letter to David Carbone, Roundtable Staff Coordinator, dated December 9, 1998, regarding the above-referenced request. Roundtable Vice-Chair and San Mateo County Supervisor Mary Griffin referred your request to the County of San Mateo County Counsel's office for a legal opinion. A copy of that opinion is enclosed. The Airport/Community Roundtable was created by a Memorandum of Understanding(MOU) in 1981. The original MOU signatory parties included the City and County of San Francisco, the County of San Mateo, and eleven cities in the northern portion of San Mateo County. The stated purpose of the MOU is to "reduce and mitigate impacts most users of San Francisco Airport have on surrounding communities." The enclosed legal opinion also states the following; "One of the stated objectives of the agreement is to "[p]rovide a mechanism that provides for cooperation between the Airport and local communities in reaching decisions on planning, zoning, and building matters in local communities" Another of the objectives is to "[p]rotect and enhance existing residential neighborhoods in the vicinity of the Airport." In short, the thrust of the agreement was to provide a forum where local governing bodies representing communities impacted by Airport operations could meet with the Airport to discuss and resolve issues relating to impacts of the Airport on these communities." There are several issues related to your membership request, (as explained in the attached legal opinion); 1. The MPROSD is not an entity exercising general governmental powers, as do cities and counties. 2. The MPROSD has jurisdiction over open space lands in both Santa Clara County and San Mateo County and is headquartered in Santa Clara County. AIRPORT/COMMUNITY ROUNDTABLE NOISE MONITORING CENTER ADMINISTRA77VE OFFICE SAN FRANCISCO INTERNATIONAL AIRPORT 350 Harbor Way, P.O. Box 8097 South San Francisco,CA 94080 San Francisco,CA 94128 Ph: (650)876-7812;FAX(650)876-7826 Ph: (650) 794-5100,FAX(650)875-8596 Letter to L. Craig Britton January 4, 1999 Page 2 I The interest of the MPROSD, in providing a noise-free environment for the users of its lands and facilities is distinctly different and may conflict with the interests of the Roundtable member cities in their efforts to protect their residential neighborhoods from aircraft noise impacts. These three issues suggest a basic incompatibility between the MPROSD, the purpose of the 1981 Roundtable MOU, as amended, and the existing Roundtable membership. The MPROSD is not comparable to a city or county, its interests are different than the existing Roundtable membership, and it is a bi-county entity that includes geographic areas beyond the limits established in the Roundtable MOU, as amended. The Roundtable MOU was amended in 1997, to allow any city in San Mateo County to become a voting member. That amendment process was lengthy and the outcome was not unanimous. Subsequent to the adoption of that amendment, the City of Palo Alto was denied membership on two separate occasions in 1998 because it is located in Santa Clara County. The enclosed legal opinon indicates "...consideration of memberhsip for MPROSD may require a review of the agreement itself and an expansion of its stated purposes and objectives, as well as an expansion of the MOU's geographic reach into Santa Clara County." Given that the MPROSD is not a city or a county, its interests conflict with the Roundtable MOU, and its jurisdiction includes lands in San Mateo County and in Santa Clara County, it is highly unlikely there would be unanimous support for a Roundtable MOU amendment to allow voting membership of the MPROSD on the Airport Community Roundtable. I suggest that the MPROSD consider the following options: (1) have a representative of the MPROSD attend the monthly Roundtable meetings to follow the issues of concern to the Roundtable members, and (2) have a representative of the MPROSD attend the meetings of the MTC/ABAG Regional Airport Planning Committee (RAPC), a group that addresses airport planning issues at the regional level, including those issues related to the San Francisco International Airport. These two suggestions were also made to the City of Palo Alto. Thank you for your interest in the activites of the Airport/Community Roundtable. We would be happy to add your organization to our monthly mailing list at your request. Eiaclosed is some general information about the Airport Community Roundtable. Sincerely,¢ 621 aP trick Kelly, an Roundtable Chai Enclosures cc: Roundtable Members, Michael Murphy, Chief Deputy San Mateo County Counsel AIRPORT/COMMUNITY ROUNDTABLE San Francisco International Airport and Local Governments in San Mateo County ABOUT THE AIRPORT/COMMUNITY ROUNDTABLE PURPOSE STATEMENT The Airport/Community Roundtable was established in 1981, by a Memorandum of Understanding (MOU), to address noise impacts related to aircraft operations at San Francisco International Airport (SFIA). This voluntary committee consists of appointed and elected officials from the City and County of San Francisco, the County of San Mateo, and several cities in San Mateo County. It provides a forum for the public to address local elected officials, Airport management, FAA staff, and airline representatives, regarding aircraft noise issues. The committee monitors a performance-based aircraft noise mitigation program, as implemented by Airport staff, interprets community concerns, and attempts to achieve additional noise mitigation through a cooperative sharing of authority brought forth by the aviation industry, the FAA, Airport management, and local government officials The Roundtable adopts a semi- annual Work Program to address key issues. Meetings are held on the first Wednesday of the month at 7:00 p.m. at the Millbrae Community Center in Millbrae, California. The public is encouraged to attend the monthly meetings and express its concerns. For more information about the Roundtable and its activities, contact Dave Carbone, Roundtable Staff Coordinator, at 650/876-7812 (Roundtable Administrative Office) or 650/363-4417 (San Mateo County Planning and Building Division). POLICY STATEMENT The Airport/Community Roundtable reaffirms and memorializes its longstanding policy regarding the shifting of aircraft-generated noise, related to aircraft operations at San Francisco International Airport, as follows: "the Airport/Community Roundtable members, as a group, when considering and taking actions to mitigate noise, will not knowingly or deliberately support, encourage, or adopt actions, rules, regulations, or policies, that result in the. "shifting" of aircraft noise from one community to another, when related to aircraft operations at San Francisco International Airport". (Source: Roundtable Resolution No.93-01) Federal Preemption,Re: Aircraft Flight Patterns The authority to regulate flight patterns of aircraft is vested exclusively in the Federal Aviation Administration (FAA). Federal law provides that: "No state or political subdivision thereof and no interstate agency or other political agency of two or more states shall enact or enforce anv law,rule regulation,standard or other provision having the force and effect of law relating to rates,routes,or services of any air carrier having authority under subchapter IV of this chapter to provide air transportation."(emphasis added)(49 U.S.C.A Section 1305(a)(1). (Source: SFIA Monthly Airport Director's Reports to the Roundtable). rtaginf.1/99 AIRPORT/COMMUNITY ROUNDTABLE NOISE MONITORING CENTER ADMINISTRATIVE OFFICE SAN FRANCISCO INTERNATIONAL AIRPORT 350 Harbor Way, P.O. Box 8097 South San Francisco, CA 94080 San Francisco, CA 94128 Ph: (650) 876-7812;FAX(650) 876-7826 Ph: (650) 794-5100,FAX(650)875-8596 t PE:-21-1996 _7:01 5 i E RA, OF 5_PEP1.?I50R5. 55o 5S9 122- P ez.%o3 COUNTY OF SAN MA TEO INTERDEPARTMENTAL CORRESPO:�'DENCE i To: Super%isor Mary G•tiffin, ]From; County Counsel Subject: AugorvCotYiintutity Roundtable Memotartdutn of Understanding Dati: December 19, 1998 You have advised us that the Midpeninsula Regional Open Space District C"MPROSD") has submitted a letter requesting consideration for membership the Airport/Com:nunity Roundtable, You have asks us comment on whether the AirPOWCOmmututy Roundtable Memorandum of Understanding, in its present form, would accorturodate membership by the WP-OSD. The following represents our view, Which may or may not be tote view of legal counsel for other participating entities. The AirporVCommunity Roundtable Memorandum of Understpding("MOU")was entered into in 1981 by the City and County of San Francisco, the County of San Mateo, Arid eleven cities in North San Mateo County. Voting membership was restricted to the signatories to the MOU. The stated purpose of the agreement is to "reduce and mitigate impacts that u San Francisco Airport have on surrounding communit gas es." One of the stated objectives of the agreement is to"f pjrovide a mechanism that provides for cooperation between the Airport and local communities in reaching decisions on planning, zoning and building matters in local communities... ." Another of the objectives is to "f p)rotect and athayce existing residential neighborhoods in the vicinity of the Airport." In short, the thrust of the ngree:nent was to provide a forum where local governing bodies representing the communities impacted by airport operarions could rneet with the Airport to.discuss and resolve issues relating to;*pacts of the airport on these communities. As Noted above, the original signatories to the agreement were the Airport, the two Counties and cities in Sari Mateo County. As a result of several rW eats from 'other County cities, the MOU was amended in early 1997 to allov,other San:Mateo County cities to become toting members of the Roundtable. The MOU, as amended, does not authc:^iae ,membership for out-of-court,cities. r` The MPROSD is not an entity exercisir►g general gover unenW powers, as do =ties and counties. Further the District is headquartered in Santa Ciara County and the . ajo comprisingr�.:y of lacomprisingthe District is in Santa Cland ra County. While the District May have an interest in providing a noise free environrnert for users of iands and facilities, this into-eat is distinct from the interests of the member cities in protecting the residential environment of their communities, which appea,-s to have been the undedlying basis for the MOU to otr; view, consideration of membership for MPROSD may require a re,.icvv of the agreement itself and an expansion of its 221 66SessS2lUSING6ns d0 QdCOE -1vis 25:1 T 966T-5:-�3Q DEC-21-1998 17:K S,'1C. BOPRD OF S'_PERV I SOR=. 650 519 122" P.oz/05 stated purposes and objectives, as well as an expansion of the MUL''s geographic reach into Santa Clara County. This could only be accomplished, and MMOSD could only gain membership,with the concurrence of all of the parties to the MOU. Such concurrence would require a formal amendment to the MOU approved by the current member agencies. I Mope this adequately responds to your question. Please feel free to call if you have any questions. THOMAS F. CAS,EY, III, COUNTY COUNT SEL BY M2 P. Murphy, Chief Deputy MPM:rnw L:k7�N?�DErtsr:aNA's;:, I.WfD -0/Z 'ca L�OI 6bS 0S9 S vS i ft�3dr S 30 3'Jtloa OWS C� 6S:�T 8�v6 oI-73C TOTAL P.03 Leonard D. Woren, G� :58 PM 12/22/98, Coastal Avisory Committee Return-Path: ldw@lindy. stanford.edu Date : Tue, 22 Dec 1998 14 : 58 : 35 -0800 From: "Leonard D. Woren" <ldw@lindy. stanford. edu> To: mrosd@openspace . org Subject : Coastal Advisory Committee X-Rcpt-To: mrosd@openspace . org This letter is to express my extreme displeasure and concern regarding the makeup of the Coastal Advisory Committee . There are at least two problems with the membership of the Committee . (1) Developers are very much overrepresented, and (2) The CUSD has absolutely no reason to have a seat at all . Please revise the committee membership immediately and remove CUSD' s seat . The President of the School Board is a large landowner who hopes to one day subdivide his rural land south of HMB. The school board member that you heard from is in the same position. It is totally inappropriate for these people to have any say in coastal MROSD policies . They are not representative of the people who voted for Measure F. Look at the people who wanted a CUSB spot on the Committee -- they are the ones who fought Measure F and are against Eminent Domain. The CUSD is in bed with a large developer from HMB. CUSD is trying to do a a very unpopular "land swap" with that developer, ignoring and getting exemptions from myriad state laws that apply. They are currently being sued over this . I suggest that at the very least you replace CUSD' s seat with an "at large" member, chosen based upon their experience and track record on relevant issues . Someone like Chuck Kosak, if he ' ll do it . Chuck does not know that I 'm suggesting him for the Committee . Otherwise it should be someone else from the Yes on F group . Leonard Woren P.O. Box 1375 El Granada, CA 94018-1375 650 726-9647 Printed for Open Space District <mrosd@openspace.org> 1 Lorraine Feather, %,, :25 PM 12/22/98, The Midcoast committee for you Return-Path: plume@gte .net Date : Tue, 22 Dec 1998 13 : 25 : 54 -0800 From: Lorraine Feather <plume@gte.net> To: mrosd@openspace .org Subject : The Midcoast committee for your expansion here X-Rcpt-To: mrosd@openspace.org Dear MROSD, We believe that CUSD has no place on this advisory board, and that the board is far too slanted toward no-on-F interests . The majority of people on the Midcoast voted for you to annex our area and the people who really want you here and also people who have expertise in conservation seem to be sorely underrepresented. Respectfully, Lorraine Feather Tony Morales http: //www.magicisland. com/el/ 'Printed for open Space District <mrosd@openspace.org>