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HomeMy Public PortalAbout19990512 - Agendas Packet - Board of Directors (BOD) - 99-12 Regional Open, ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-12 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS AGENDA* 7:00 P.M. 330 Distel Circle Wednesday Los Altos, California May 12, 1999 *** PLEASE NOTE*** 7:00 P.M. Closed Session Start 7 me 7:30 P.M. Public Meeting Start Time (7:00) ROLL CALL SPECIAL MEETING OF THE BOARD OF DIRECTORS CLOSED SESSION The Closed Session will begin at 7:00 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 Prosy Nego is or- Government Code Section 54956.8 Real Property: Rancho San Antonio County Park located on Cristo Rey Drive, Cupertino Agency Negotiator: L. Craig Britton Negotiating Parties: Santa Clara County, Paul Romero, Parks Director of Santa Clara County Under Negotiation: Instructions to negotiator will concern price and terms of payment for a lease. (7:30) PUBLIC MEETING OF THE BOARD OF DIRECTORS ** ORAL COMMUNICATIONS -- Public ADOPTION OF AGENDA *** ADOPTION OF CONSENT CALENDAR --J. Cyr *** APPROVAL OF MINUTES March 10, 1999 (Consent Item) 3 W Distel Circle . Los Altos, CA 94022 '1404 . Phone. 650 691-1200 FAX: 650-691 0485 a E-mail: mrosdrropenspare.org . Web site:www.opensp,i((,.org Hoare/of Direrlors Pete Siemens,Mary C. Davey,Jed Cyr, Deane I ttlr,, None°tte I Janko, Betsy Crowder, Kenneth C-Nitz .General Manager:L.Craw,Britton Meeting 99-12 Page 2 BOARD BUSINESS (7:45) 1. Approval of Residential Rental Agreement for the Former McDonald Residence at La Honda Creek Open Space Preserve; Determination that this Action is Categorically Exempt from the California Environmental Quality Act; and Authorization for the General Manager to Execute the Residential Rental Agreement with Mark Durham for the Former McDonald Residence at La Honda Creek Open Space Preserve -- M. Williams (7:50) 2. Tentative Adoption of a Use and Management Plan Amendment for Long Ridge Open Space Preserve to Allow Leashed Dog Access Under a Test Case Permit System and Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act-- M. de Beauvieres (8:00) 3. Agreement with Santa Clara County Fire Department to Conduct a Controlled Burn on the Rancho de Guadalupe Portion of the Sierra Azul Open Space Preserve; Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act; and Authorization for the General Manager to Execute the Permit to Enter for the Purpose of Allowing the Santa Clara County Fire Department to Conduct a Controlled Burn on the Rancho de Guadalupe Portion of the Sierra Azul Open Space Preserve -- G. Baillie (8:15) 4. Consideration of Resolution Urging the Santa Clara County Board of Supervisors to Reject the Proposal to Implement Vehicle Entry Fees at Rancho San Antonio County Park -- D. Little (8:30) 5. Proposed Revisions to Grant of Conservation Easement with Covenants in Favor of Save-the-Redwoods League for Addition of Munson and Peninsula Open Space Trust Properties to Long Ridge Open Space Preserve and Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act -- D. Woods Resolution Authorizing Officer to Execute Revised Grant of Conservation Easement with Covenants Over Real Property Being Acquired, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Long Ridge Open Space Preserve - Lands of Munson, Et Al.) Resolution Authorizing Officer to Execute Grant of Conservation Easement With Covenants Over Real Property Being Acquired, and Authorizing General Manager to Execute Any and All Other Documents Necessary or Appropriate to Closing of the Transaction (Long Ridge Open Space Preserve - Lands of Peninsula Open Space Trust) (8:35) 6. Authorization to Solicit Bids to Purchase Prefabricated Pit Toilet Restrooms for Purisima Creek Redwoods, Rancho San Antonio, and Skyline Ridge Open Space Preserves and Determination that the Project is Categorically Exempt from the California Environmental Quality Act -- M. de Beauvieres (8:40) 7. Comment and Acceptance of Program Evaluation for the 1998-1999 Action Plan for the Implementation of the Basic Policy of the Midpeninsula Regional Open Space District -- C. Britton Meeting 99-12 Page 3 *** 8. Authorization for Payment in an Amount Not to Exceed $25,000 To the Firm of Irvine&Cooper for Legal Services In Connection with Mid=insula Regional Op= Space District v. Emerson-Rodrigues Development Company. et. al.-- S. Schectman *** 9. Authorization for Director Nitz to Attend the Special Park Districts Forum Being Held From June 10 Through June 13 by the Hamilton County Park District in Cincinnati, Ohio at a Projected Cost of$1,500-- C. Britton (9:00) INFORMATIONAL REPORTS -- Directors and Staff *** REVISED CLAIMS (Consent Item) CLOSED SESSION - (Continued, if necessary) ADJOURNMENT *NOTE: Times are estimated and items may appear earlier or later than listed. Agenda is subject to change of order. ** TO ADDRESS THE BOARD: The Chair will invite public comment on agenda items at the time each item is considered by the Board of Directors. You may address the Board concerning other matters during oral communications. Each speaker will ordinarily be limited to 3 minutes. Alternately, you may comment to the Board by a written communication, which the Board appreciates. ***All items on the consent calendar shall be approved without discussion by one motion. Board members, the General Manager, and members of the public may request that an item be removed from the Consent Calendar during consideration of the Consent Calendar. O Regional Open '. ice .t MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-07 SPECIAL AND REGULAR MEETING BOARD OF DIRECTORS March 10, 1999 MINUTES I. ROLL CALL President Jed Cyr called the meeting to order at 6:32 P.M. Members Present: Deane Little, Peter Siemens, Mary Davey, Betsy Crowder, Nonette Hanko, Ken Nitz, and Jed Cyr Members Absent: None Personnel Present: Craig Britton, Sue Schectman U. CLOSED SESSION J. Cyr stated that the Board would adjourn to closed session for the purpose of discussing Closed Session Agenda Item 1. The Board recessed to Closed Session at 6:32 P.M. and the closed session commenced at 6:35 P.M. The Board concluded the Closed Session at 7:00 P.M. and J. Cyr called the Regular Meeting to order at 7:30 P.M. He noted that no reportable actions had taken place in Closed Session. Additional Personnel Present: Del Woods, Deirdre Dolan, Randy Anderson, John Escobar, Jodi Isaacs, Michael Williams, Lisa Zadek III. ORAL COMMUNICATIONS Steven Stuckey, 22600 Prospect, Saratoga, said he lives adjacent to Fremont Older Open Space Preserve, and talked about the following safety issues in the parking lot: 1) It is uncontrolled and was created without permits or review from the county and the road is not up to county minimum standards; 2) On November 18, 1998, the Board approved expanding the lot from 23 to 33 stalls with the option of expanding to 120 stall; 3) It has been known since 1976 that the District failed to go through the permit process. The lot is not striped, there are no signs(no parking or fire zone), and there are no rangers. He requested that they close down the lot now and go through the county planning process for permits. He passed out pictures of the area. 330 Distel Circle - Los Altos, CA 94022-1404 Phone:650 691-1200 FAX:650-691-0485 « E-mail:rnrosd@ol)enspa(e.org m Weh site:www.ol)enspa(e.org Boanl of Director,:Pete Siemens,Mary C.Davey,led Cyr, Deane Little, Nonette Hanko,Betsy Crowder,Kenneth C. Nit/ a General Manager:I.Craig Britton Meeting 99-07 Page 2 Linda Stuckey, 22600 Prospect, Saratoga, said they have an easement. The Board took action in November 1998 to build the parking lot on the easement. She said her husband took action and talked about the District response. She said they have asked that the portable restroom be moved off the easement. R. Anderson described the alternatives considered by the Board and said there had been an extensive study. The alternatives were narrowed down by staff and the presentation to the Board focused on three. Of those, the Board selected the alternative of improving the existing lot. The improvement is not in the current year work program, although it might be included in next year's. Gillian Tab, 12344 First Fork Road, Los Gatos, said she lived by Saratoga Gap Open Space Preserve. She said she was an equestrian, hiker, mountain biker, and does volunteer trail patrol. It had come to her attention that the Board did not receive the logs the Trail Patrol had completed. She said the preserve was overrun with mountain bikers and has become a dangerous situation. She said they had written many letters to the District, and had been told nothing could be done because the District's policy to allow multi use. The District tried to help by grading and widening the trail. She understood the District had the easements to build an alternate trail but did not have the staffing and funds. She said her group could help find the staffing and funds. There is an urgent need for action to fulfill the needs of displaced hikers and equestrians. On one occasion, they counted 80 bikers, four hikers, and no equestrians in four hours. She invited Board members to hike the trail and experience their dilemma. She said they were proposing the Old Pescadero Road as an alternative trail. D. Little suggested that she get her name on the District's mailing list for minutes. IV. ADOPTION OF AGENDA J. Cyr asked that Item 5 be moved to the first item for consideration. Motion: M. Davey moved that the Board adopt the agenda with the order amended to consider Item 5 at the beginning of Board Business. P. Siemens seconded the motion. The motion passed 7 to 0. V. ADOPTION OF CONSENT CALENDAR J. Cyr and B. Crowder removed the draft reply to a written communication from Mr. Michael Murphy, 2100 Lobitos Creek Road, Half Moon Bay. Motion: P. Siemens moved that the Board adopt the Consent Calendar, including approval of minutes of the December 16, 1998, and January 12, 1999, Special Meetings, and the January 13, 1999, Regular and Special Meeting; Agenda Item 4, Authorization for the General Manager to Execute a Purchase Contract with the State Department of General Services to Purchase Two Patrol Trucks and Two Crew Trucks at a Total Cost of$89.993, and Revised Claims 99-05. K. Nitz seconded the motion. The motion passed 7 to 0. VI. WRITTEN COMMUNICATIONS Reply to a written communication from Mr. Michael Murphy, 2100 Lobitos Creek Road, Half Moon Bay. Meeting 99-07 Page 3 J. Cyr noted two minor changes to the letter as originally drafted. B. Crowder suggested adding wording that, at its March 9, 1999 meeting, the CAC did not recommend adding more members to its group. N. Hanko said the word"recommend" did not accurately reflect what happened; they actually took no position, stating it was the Board's decision. Discussion followed regarding inclusion of points in a letter from April Vargas, which addressed some inaccuracies in Mr. Murphy's letter. Motion: B. Crowder moved to approve the draft letter as amended. M. Davey seconded the motion. Discussion: Michael Murphy said he would appreciate it if they would address those inaccuracies. Board members and staff discussed whether to address the inaccuracies in Mr. Murphy's letter and whether to place his request on a future agenda. Vote: The motion passed 6 to 1 (Director D. Little voted no). VII. BOARD BUSINESS A. Agenda Item No. 5- Approval of Agreement for Option and Purchase of Real Property of Lands of the Arlie Land and Cattle Company, Lease'and License of Certain Arlie Property Approval of Timber Rights Options; Determination that the Recommended Actions are Categorically Exempt from the California Environmental Quality Act; and Tentative Adoption of the Preliminary Use and Management Plan Including Naming the Property the Bear Creek Redwoods Open Space Preserve; and Approve an Additional Payment of$3 S 000 to Miller, Starr, Regalia for Legal Services—(Report R-99-07). C. Britton talked about the terms of the agreement, and showed the four parcels included in the agreement: Upper Property—West of Bear Creek Road, Upper Property—East of Bear Creek Road, Mellot's Parcel, and Lower Property. He summarized the agreement. C. Britton said they wanted the nine-year agreement because of Subdivision Map Act requirements. The District would be putting up $10.5 million. $500,000 is for the Mellot's parcel which Arlie Land and Cattle Co. would have the right to reacquire from the District any time within five years, or the District would receive title to it. The other$10 million is secured by deed of trust against the Upper Property. The repayment opportunities of$10.3 million on the Lower Property would also be secured by a deed of trust. The District has guarantees that Arlie will actively and vigorously pursue development, or it would be a breach of agreement and the District could file a suit to compel them to go forward. C. Britton said he thought the odds of getting the $14.5 million by the end of the month were about 50-50. S. Schectman noted that there were a variety of option-triggering events. Meeting 99-07 Page 4 Regarding extending the option to purchase the logging rights beyond April 15, C. Britton said he thought Big Creek was interested in working with the District. He said Big Creek has green certification and would like to be involved in a program where there is an environmental preservation effort. He said if there was logging, Big Creek would do as good a job as anyone. He thought any extension would include some timber harvesting. N. Hanko talked about the logging Big Creek did on what is now El Corte de Madera Open Space Preserve, and said they were very sensitive about the environment. D. Woods showed overheads and slides of the property and outlined the terms and conditions of the agreement. C. Britton added that there is a provision in the lease that in the event the agreement is unwound the District would get back up to $75,000 for out-of-pocket expenses for gating and fencing. Staff would be closing the site because they couldn't promise that it would be open for any specific period of time. He said staff may work with the equestrian facility for some trail patrol on the property, and would work with the caretaker on the Lower Property. He referred to resolutions and letters supporting the acquisition. S. Schectman noted that there were letters in the packet from attorneys for people not supportive of the acquisition. Candy Wozniak, Summit Road, (no slip) said the parcel has no access on Summit Road. She was in favor of the purchase and said she would advocate mountain bikers on this land. Harry Haeussler, 1094 Highlands Circle, Los Altos, said the District has expressed an interest in agriculture. He asked if someone was interested in operating the vineyards, would the Board approve it? He suggested that if Ms. Wozniak got a guarantee that the District would allow mountain bikers, she might give them an easement. Paul Smith, San Jose, (no slip) said he spent time on the lower part at Bear Creek Stables, and said they do patrol trails. His recommendation was to get the timber rights if possible. Theresa Nemith, Santa Clara(no slip), Sierra Club, said she was in favor of the District purchasing the land. C. Britton said the possibility of state or federal funding was not on the table at this time. He said if they had a two-year option, they might pull together grants. He thought this was their final chance to acquire any of the property. N. Hanko said they have looked at this property since 1975 with the idea of preservation and agreed this was the last opportunity they will have. She asked for any help to acquire the rights to the trees. Meeting 99-07 Page 5 M. Davey said she hoped they could find the additional money. She praised an article that appeared in the San Jose Mercury News. 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 No. 99-07 a, Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Approving and Authorizing Execution of the Agreement for Option for Purchase of Real Property for the Lands of Arlie Land and Cattle Company, Including the Lease and License and the Timber Rights Options;tentatively adopt the Preliminary use and Management Plan recommendations contained in the staff report, including naming the property the Bear Creek Redwoods Open Space Preserve; and authorize the General Manager to make an additional payment for legal services in the amount of$35,000 to the law firm of Miller, Starr, and Regalia. P. Siemens seconded the motion. Discussion: D. Woods clarified that, during the term of the lease, the southern portion of the property that is relatively inaccessible is not open for public use but for patrol maintenance and emergency purposes. If we are able to acquire the upper property we would acquire an easement over the Lower Property which would include public access. He said the soils around the vineyard had not been tested. Bob Craigmile(no slip)asked if they could split the purchase of the timber and perhaps purchase timber rights in the inaccessible portion. C. Britton said anything was possible but currently all they have is the right to obtain all the timber for$5.2 million. He said if the District owns the land and not the timber it would be a very difficult situation. They could monitor or sell the timber rights. Celia Thompson-Taupin(no slip) said she lived at the end of Chase Road, surrounded by this property. She asked if, in two or three years, Arlie sells the property to someone else and someone came along with $14 million, there would be an opportunity to purchase it. C. Britton said everything is for sale at a price but he would assume it would cost a lot more than $14.5 million. He said it is ripe for development of this kind. D. Little said his concerns had been that the deal was complex and seemingly risky. He thanked staff on the job of putting the deal together. He thought the property was well worth pursuing. J. Cyr commended staff. S. Schectman introduced Robin Kennedy from Miller Starr and Regalia and noted that she and Lance Anderson were primarily responsible for a lot of the work done. She also introduced Scott Rogers, attorney for Arlie. P. Siemens said all elements were taken care of and thanked staff and others who worked on the project. Meeting 99-07 Page 6 Vote: The motion passed 7 to 0. There was a recess from 9:13-9:35 P.M. B. Agenda Item No. 1 -Final Review of Basic Policy Objective 2, Open Space Management: Policy c, Recreational Use and Improvement—(Report R-9941) R. Anderson presented the staff report including objectives. Linda Elkind, 14 Hawk View, Portola Valley, gave the plan her full support, stating that it was a sensible, workable policy. Marilyn Walter, 20 Coyote Hill, Portola Valley, repeated M. Elkind's views and congratulated the Board on their patience. C. Britton noted that the proposed language was a compromise. Motion: N. Hanko moved that the Board adopt as final the Basic Policy language for Objective 2, Open Space Management, Policy c, Recreational Use and Improvement, tentatively adopted February 10, 1999. P. Siemens seconded the motion. The motion passed 7 to 0. C. Agenda Item No. 2-Presentation of Budget for Fiscal Year 1999-2000 a) Controller's Report—(Report R-99-38). M. Foster outlined estimated income including an 11% increase in tax revenue. He reported on grant, interest and rental income, and other income including fines, fees, and cash donations. He explained that "defease" means prepay, or set the money aside in escrow and take off the books. It is also called advance refund. b) Staff Report—(Report R-99-39). C. Britton presented an overview of the budget and talked about proposed staffing changes, including five new full-time positions, one new half-time position, and changing the half-time Planning Secretary position to full-time. He referred to the 6%budget growth guideline and a proposed organizational chart which were included in the report, and explained how the reorganization would work. He said the planning team model had been experimental. After working with a consultant, the team agreed that a hierarchical system was a better way for them to work and accomplish their goals. C. Britton said the new research attorney will be starting on March 22. C. Britton talked about the 6%budget growth guideline. He said the coastal annexation would not be part of the guideline. He said the budget is $28,000 above the guideline. Meeting 99-07 Page 7 The Budget Committee agreed that is within tolerance. The Budget Committee will be recommending approval of the 6%budget growth guideline and the capital improvement guideline. Open Space Acquisition and Land Protection Program M. Williams gave a brief summary of the report. He asked that the figure of$16.6 million in the first paragraph, last sentence, be changed to $40 million. C. Britton noted that the acquisition plan and budget will come back the next meeting. Planning Pro ram R. Anderson explained the increases in salaries and benefits and services and supplies. N. Hanko thanked him for singling out expenses associated with the coastal annexation. C. Britton commented that the Budget Committee provided thoughtful oversight. Operations Program I Escobar passed out the five-year capital equipment schedule and said the primary goal was to address immediate safety concerns of staff. That was addressed by adding two new rangers positions. He said the radio system was under study, and there was no funding of radio system improvements in this budget. Public Affairs Program M. Smith outlined the staff report. Discussion followed about how to deal with getting accurate information to the coastside residents. M. Smith said he thought staff could be more aggressive in responding to inaccuracies directly through the Half Moon Bay Review. In addition, staff maintains an interested parry's mailing list and an email list. Administration Program D. Dolan outlined the Administration Program Budget. A new telephone system that is Y2K compliant has been budgeted. D. Agenda Item No. 3 - Tentative Adoption of a Use and Management Plan Amendment to Reroute Grabtown Gulch Trail and Authorization to Solicit Bids to Repair Storm Damage on Purisima Creek Road at Purisima Creek Redwoods Open Space Preserve, Determination that the Proiect is Categorically Exempt from the California Environmental Quality Act and Authorization for Staff to Solicit Bids for Storm Damage Repairs to Purisima Creek Road and for the Removal and Possible Relocation of the Grabtown Gulch Bridge With an Estimated Project Cost of$230.000 for this Phase—(Report R-99-37). Meeting 99-07 Page 8 R. Anderson introduced Tim Best, geologist and hydrologist. He reviewed the staff report, and answered questions about the additional bridges discussed on page 3. He talked about the new location of the Grabtown Bridge. R. Anderson said there was an argument for closing the trail because it is along the creek, but given the benefit and needs assessment, this was a reasonable compromise. C Britton said he hated to lose the ability to travel the whole road, but did not see another practical or cost-effective option. Motion: N. Hanko moved that the Board determine that the project is categorically exempt from the California Environmental Quality Act (CEQA)based on the findings contained in the staff report;tentatively adopt a Use and Management Plan amendment to permanently remove the storm-damaged Grabtown Gulch Bridge over Purisima Creek, and to create a loop trail by rerouting lower Grabtown Gulch trail to connect to Borden Hatch Mill Trail; and authorize staff to solicit bids for storm damage repairs to Purisima Creek Road and for the removal and possible relocation of the Grabtown Gulch Bridge, with an estimated project cost of$230,000 for this phase. P. Siemens seconded the motion. The motion passed 7 to 0. VII INFORMATIONAL REPORTS Tim Best said he is working in El Corte de Madera Open Space Preserve now and had looked at trail segment 79. N. Hanko said the Coastal Advisory Committee met last night and decided they wanted voting alternates. The next meeting is March 30. B. Crowder reported as follows: 1). The San Mateo County Parks Foundation has an office in Park and a new Director, Julia Bott. 2). She asked if the Board was going to get volunteer trail patrol reports. M. Smith said staff is working on getting the right format for the report. 3). There was a hearing about the nuns at the San Mateo County Planning Commission. The matter was continued until April 14. S. Schectman reminded Board members about their agreement not to take a position on this matter. D. Little described his hike from Rhus Ridge to the top of Black Mountain. S. Schectman referred to a New York Times article about Thomas Reade in the FYIs regarding his being instrumental in the headwaters deal. Regarding the Thornewood litigation, there was a fire at the residence and insurance companies have stepped in. C. Britton reported as follows: 1). He had copies ofPOST's new newsletter. 2). He attended the last Wallace Stegner lecture at which Robert Redford spoke. Galen Rowell will speak at the next one. 3). The state will make a presentation regarding the Castle Rock plan if the Board is Meeting 99-07 Page 9 interested. 4). He referred to a letter from Mayor Gary Fazzino regarding the Palo Alto State of the City address on March 22 at 5:45 P.M. 5). He will be meeting with Sup. Joe Simitian on March 18 about fees at Rancho San Antonio. 6). He reminded everyone about the workshop on Saturday March 13 from 8:30-12, then the ad hoc committee will meet in the afternoon. Jim Kent will be there. VII. ADJOURNWNT At 11:35 P.M. the meeting was adjourned. Roberta.Wolfe Recording Secretary Claims No. 99-05 Meeting 99-07 Date: March 10, 1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 5666 300.00 Americans for Our Heritage& Recreation National Summit-Registration-C. Britton & M. Smith 5667 375.00 Aaron's Septic Tank Service Septic Tank Service 5668 130.49 ADT Security Services Alarm Service 5669 500.00 Arlie Land &Cattle Company Arlie Land Purchase 5670 728.35 Baron Welding'& Iron Works, Inc. Sign &Gate Welding 5671 182.00 Battery-Tech Inc. Radio Battery 5672 2,863.02 Big Creek Posts&Split Rails-Windy Hill Preserve 5673 400.00 Bill's Towing & Recovery Towing Services 5674 318.00 Brian Kangas Foulk Teague Hill Planners 5675 89.27 Dick Bruhn, Inc. Uniform Supplies 5676 271.87 Cabela's Inc. Uniforms&ATV Ramps 5677 217.21 California Trails Foundation CA Trail Days Event Supplies 5678 253.35 California Water Service Company Water Service 5679 28.58 Carolina Biological Supply Microscope Slide Set-Nature Center 5680 227.75 Communications&Control Inc. P G & E Pump-Mt. Umunhurn 5681 331.75 Continuing Education of the Bar Subscription Renewal 5682 49.90 Scott Cotterel Reimbursement-Uniform Supplies 5683 130.00 Decatur Electronics, Inc. Radar Certification 5684 642.08 Deluxe Business Systems General Accounting Checks 5685 210.80 Film To Frame Film&Developing 5686 90.22 Forestry Suppliers, Inc. Restoration Seeder-Spreader 5687 263.37 Foster Bros. Security Systems, Inc. Padlocks 5688 44.05 G & K Services Shop Towel Service 5689 2,211.94 Gardenland Power Equipment Field Tools&Equipment 5690 242.66 GreenWaste Recovery, Inc. Skyline Dumpster Service 5691 95.42 GTE Wireless Cellular Phone Service 5692 47.41 Honda Peninsula Helmet Liner 5693 58.46 Keeble&Shuchat Photography Staff Photo Prints 5694 289.41 Deane Little Reimbursement-Special District Conference 5695 4,636.00 Logistics Support Center-Southwest Region Reimbursement for Services Rendered by Fire Cache CYA/CDF Crews-Russian Ridge Bum& Misc. Fire Break Clearance Projects 5696 851.05 Los Altos Garbage Company Dumpster Service 5697 479.29 Lucent Technologies Phone Maintenance Service 5698 560.00 Merwin Mace Acquisition Consultant 5699 25.84 Madco Welding Supply Co., Inc. Refill OX/AC Tanks for Welding 5700 188.08 MCI Long Distance Phone Service 5701 496.51 MetroMobileCommunications Radio Repairs&Maintenance 5702 1,500.00 Mindego Ranch Road Dues-1996, 1997& 1998 5703 317.60 Minton's Lumber&Supply Field Supplies 5704 28.30 Mountain View Garden Center Base Rock 5705 43.30 Mountain View Door Closer, Key & Lock Ser Padlocks 5706 113.06 Nasco Microscopes-Nature Center 5707 1,185.78 Navarone Mailing Services Spring Newsletter Mailing 5708 119.14 Noble Ford Tractor, Inc. Tractor Parts 5709 10,500,000.00 Old Republic Title Company Arlie Land Purchase Page 1 Claims No. 99-05 Meeting 99-07 Date: March 10, 1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 5710 2,839.50 Orrick, Herrington &Sutcliffe LLP 1999 Revenue Bond-Services Rendered 5711 17.69 Pacific Bell Telephone Service 5712 331.79 Peninsula Blueprint Printing & Mapping Services 5713 386.68 Pine Cone Lumber Co., Inc. Field Supplies 5714 1,197.60 PIP Printing Printing Services 5715 10.29 Pitney Bowes Inc. Postage Meter Reset Charges 5716 1,000.00 Tom Randall Rent Agreement--April 5717 2,835.00 Rebholtz Mechanical Enterprise Rental Wall Furnaces(2) 5718 46.77 REI Recreational Equipment Inc. Uniform Socks 5719 18.15 R. V. Cloud Co. Plumbing Repairs 5720 1,050.00 Rhus Ridge Association Road Maintenance Agreement 5721 6,619.35 Roy's Repair Service Vehicle Maintenance&Repair 5722 223.72 Russ Enterprises, Inc. Signs 5723 806.48 San Francisco Newspaper Agency Recruitment Advertisement 5724 324.60 San Jose Mercury News Recruitment Advertisement 5725 20.00 San Mateo County Resource Conservation Workshop Registration-R. Anderson District 5726 10,398.34 Scribner Graphic Press Newsletter&Presentation Folder Printing 5727 247.75 *1 Second Cup Business Meeting Expense 5728 58.65 Skywood Trading Post Fuel 5729 204.74 Shell Oil Fuel 5730 1,300.00 South Bay Regional Public Safety Training Training—T. Lausten & D. Danielson Consortium 5731 795.05 Summit Uniforms Uniforms 5732 625.00 Systems for Public Safety Recruitment Background Checks 5733 42.68 Tooland, Inc. Equipment Part 5734 112.50 Transworld Media Group Recruitment Advertisement 5735 49.63 Unocal Fuel 5736 20.07 *2 UPS Parcel Postage Service 5737 14.43 United Rentals Inc. Roller Rental 5738 1,669.50 U S Bank Note Paying Agent Fees 5739 117.10 West Group Payment Center Westlaw Access 5740 206.92 Michael Williams Reimbursement—Vehicle Expense& Business Meeting Expense 5741 300.00 *3 Roberta Wolfe Recording Services 5742 300.00 Roberta Wolfe Recording Services 5743 167.65 The Workingman's Emporium Uniforms 5744R 935.20 Lanier Worldwide, Inc. Copier Lease Agreement 5745R 35,000.00 Miller Star.&Regalia Legal Services 5746R 200.00 State Water Resources Control Board Water Rights Fees 6747R 884.97 Graniterock Road Maintenance Materials 5748R 244.81 Petty Cash Business Meeting Expense,Volunteer Event Supplie%Vehicle Expense, Software and Docent Supplies Page 2 Claims No. 99-05 Meeting 99-09 Date: March 10, 1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description *1 Urgent Check Issued February 25, 1999 *2 Urgent Check Issued February 25, 1999 *3 Urgent Check Issued February 25, 1999 In the event Agenda Item 5 is not approved, this claim will not be processed. In the event this acquisition is not approved, this claim will not be processed. Total 10,593,758.92 Page 3 Regional Open ace R-99-69 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-12 May 12, 1999 AGENDA ITEM 1 AGENDA ITEM Approval of Residential Rental Agreement for the Former McDonald Residence at La Honda Creek Open Space Preserve ASSISTANT GENERAL MANAGER'S RECOMMENDATION 1. Determine that this action is categorically exempt from EQA, based on the finding in this report. 2. Authorize the General Manager to execute the attached Residential Rental Agreement with Mark Durham for the former McDonald residence at La Honda Creek Open Space Preserve. DISCUSSION In May 1990, the District acquired the 1,100-acre McDonald Ranch property (see report R-90- 71). The property includes various improvements, including a two-bedroom, two-bathroom main residence and a large four-car garage. The improvements have been rented as an enterprise property since Mr. McDonald's departure in May 1997. The main residence has numerous items of deferred maintenance including significant foundation settlement due to poor surface drainage, water damage to the master bathroom, deteriorated decking and stairs, and weathered and peeling exterior paint. Repairs are estimated to cost between $30,000 and $35,000. Due to these conditions and the substantial repair costs, staff has sought a long-term tenant with the skills and ability to repair and renovate this structure. A three-year rental agreement has been negotiated with licensed contractor Mark Durham to repair and restore the main residence. This agreement will provide for the repair and maintenance of the residence in lieu of a portion of rent during the term of the lease, which is a modification of the District's standard Rental Agreement. The repair and maintenance provisions of this agreement are modeled after the conditions of the current Thornewood and former Landre residence rental agreements. The main elements of this agreement are as follows: 1) The main residence will rent for $1,500 per month with a rental credit provision not to exceed $1,000 per month for District pre-approved renovation and repair projects. The monthly rent will increase by $75 annually. 2) Repair and maintenance projects in lieu of rent during the first two years of the initial three-year term shall include: repair and remodel of master bathroom, replacement of the rear stairs and the rear and side decks, repair of foundation settlement, and installation of related drainage. These repairs and maintenance projects have scheduled completion dates and will cost the tenant an estimated $24,000 to $30,000 in materials and labor over the two year period. 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,Jed Cyr,Deane Little, Nonette Hanko,Betsy Crowder,Kenneth C.Nitz .General Manager:L.Craig Britton R-99-69 Page 2 3) The Agreement provides for an initial three-year term, with an option of an additional one year term. 4) This agreement requires that the tenant obtain permits on repair projects when appropriate. 5) The District will have no obligations and incur no expenses related to the repair and maintenance of the residence. 6) The tenant will provide liability insurance for his use of the property. This agreement provides for the continued use of the main residence as an enterprise structure, while needed and costly repairs are completed to restore the former McDonald ranch residence with no cost or obligation to the District. USE AND MANAGEMENT This rental agreement has been reviewed by the planning staff and is consistent with the Preliminary Use and Management Plan for La Honda Creek Open Space Preserve. CEQA COMPLIANCE This action is categorically exempt under CEQA guidelines §15301 as repair and maintenance of existing public structures involving negligible or no expansion of use. Prepared by: Michael C. Williams, Real Property Representative Contact person: Same as above l RESIDENTIAL RENTAL AGREEMENT THIS AGREEMENT is made and entered into this 12th day of May 1999, by and between MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a public district (hereinafter called "District"), and MARK G. DURHAM (hereinafter called "Tenant"). RECITALS A. District is the owner of that certain real Premises consisting of a two-bedroom, two-bath house, and a detached four car garage located in the unincorporated area of the County of San Mateo, State of California, with an address of 150 La Honda Road, La Honda, CA 94062, and as more particularly outlined in red on Exhibit "A" attached hereto and incorporated herein by this reference (the "Premises"), together with the appliances and other personal property currently on the Premises which are listed in Exhibit "B" attached hereto (the "personal property"). B. District desires to lease the Premises to Tenant, and Tenant wishes to hire the Premises from District, upon the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and conditions hereinafter set forth, the parties agree as follows: 1. Lease of Premises. District hereby leases the Premises to Tenant, and Tenant hereby hires the Premises from District, for the term, at the rental, and upon the other covenants and conditions set forth herein. Tenant shall also be entitled to use the personal property during the term of this Agreement, subject to the provisions hereinbelow set forth. 2. Term. (a) The term of this Agreement shall commence on June 1, 1999, and shall continue for a period of three (3)years, through May 31, 2002 in accordance with Section 7 of this Agreement. (b) Tenant shall have an option to lease the Premises for one(1) additional one (1)year term under the same terms and conditions set forth herein. To exercise the option, Tenant must notify District in writing of Tenant's intent to exercise the option. Such notification must be made no earlier than three(3)months nor later than thirty(30) days prior to May 31, 2002. Tenant's right to exercise the option is expressly conditioned upon Tenant's compliance with the terms and conditions of this Agreement. In the event Tenant is in default of this Agreement at the time Tenant attempts to exercise the option, the option will be void and of no force and effect. 3. Rent. (a) Tenant shall pay to District each month as rent for the Premises the sum of One Thousand Five Hundred and 00/100 Dollars ($1,500.00). Said rent shall commence on • i► Residential Rental Agreement - Durham Page 2 June 1, 1999, and shall be payable in advance on the first day of each month during the term of this Agreement to District at 330 Distel Circle, Los Altos, CA 94022, or at such other address as District may from time to time designate in writing to Tenant. Subject to Paragraph 5 below, rent shall be payable only by personal check, cashier's check, money order, or in cash. (b) The rent shall be increased annually on June 1"during the three (3) year base term as follows: Rental Amount June 1, 2000 $1,575.00 June 1, 2001 $1,650.00 If Tenant exercises the option to extend this lease from June 1, 2002 to May 31, 2003, the rent for the premises shall be $1,725.00 per month. (c) District and Tenant further agree that, pursuant to Civil Code Section 1942.1, and as more particularly set forth in Paragraph 7 of this Agreement, Tenant may undertake to improve, repair or maintain the Premises and receive a rent credit as part of the monthly rent as required herein. 4. Late Payments. Tenant and District acknowledge and agree that in the event that Tenant fails to pay rent on or before the fifth (5th) day after the date due, District will incur damages due among other things to increased accounting costs and collection costs, the amount of which would be impracticable and extremely difficult to fix. Tenant therefore agrees to pay five percent (5%) of each such late payment as liquidated damages, which amount represents a reasonable approximation of the damages which are likely to result from such late payment. Such liquidated damages shall be deemed additional rent and shall be due together with rent for the delinquent period. 5. Dishonored Checks. In the event a personal check given by Tenant to District for payment of rent shall be dishonored due to insufficient funds, District agrees to make one attempt to redeposit the first (and only the first) of such dishonored checks. In the event such check shall again be dishonored, or in the event any additional rent checks shall be dishonored, Tenant shall, after written notice from District so requesting, make all future rent payments to District by cashier's check, money order, or cash only, and if any such future payment is made in cash, shall deliver the same in person to District's business office at the address set forth in Paragraph 3, as the same may be changed by District from time to time. 6. Security sit. Tenant has deposited with District the sum of Two Thousand and 00/100 Dollars ($2,000.00) (the "Deposit") as security for the full performance and observance by Tenant of each and all of the provisions of this Agreement to be performed and observed by Tenant. District shall be entitled to use the Deposit or any portion thereof to Residential Rental Agreement - Durham Page 3 remedy any default in payment of rent by Tenant, to clean the Premises upon termination of this Agreement, and to repair any damage to the Premises resulting from Tenant's occupancy of the Premises. District shall return to Tenant within three weeks after the latter of termination of this Agreement or Tenant's vacation of the Premises, the entire amount of the Deposit, without interest thereon, less only such sums as District is entitled to apply against unpaid rent, cleaning the Premises, and/or repairing any damage thereto. District shall not be required to keep the Deposit separate from its general funds. Tenant may not apply the Deposit to rent due under this Agreement without District's prior consent. 7. Rental Credit for Repair and Maintenance Work. (a) During the initial term of this Agreement from June 1, 1999 through May 31, 2002, Tenant shall perform the repair and maintenance projects listed below for credit against rent due. Tenant acknowledges and accepts responsibility for properly completing in a workman- like, safe and satisfactory manner the following repairs and maintenance projects on and relating to the Premises: (i) Repair and remodel the master bathroom, including replacement of window and dry-rot repair. (Estimated cost $6,500.00, estimated completion date August 1, 1999.) (H)Replace rear landing and stairway at back of residence by September 1, 1999. (Estimated cost is $1,200.00.) (iii)Reconfigure and replace the rear and side decks located behind the living room and next to the dining area. (Estimated cost $11,500.00, estimated completion date December 1, 1999.) (iv) Work with District's engineering consultant to repair the foundation and install necessary drainage by November 1, 2000. (Estimated cast is $5,000.00 to $10,000.00.) The rental credit will be provided for the Tenant's labor and out-of-pocket expenses. Labor credit will be based on a rate of$30.00 per hour, and out-of-pocket expenses shall require copies of all receipts or invoices to be submitted to District for review and written approval. In the event projects are not completed within thirty(30) days of the estimated completion date, District has an option to terminate this Agreement with the delivery of a thirty day notice to vacate in compliance with Section 19 of this Agreement. General and routine maintenance such as removal of leaves and maintaining a fire break around the improvements will not be eligible for rent credit. (b) During the first two years of the initial 3-year term of June 1, 1999 through May 31, 2001, up to $1,000 per month may be credited against the monthly rent for pre- approved repair and maintenance projects. The base rent shall be as set forth in Section 3 above. Residential Rental Agreement - Durham Page 4 g g If the amount of the agreed upon credit is more than the $1,000 monthly maximum credit, the additional credit shall be applied to subsequent monthly rent(s). Accrual of advanced rental credit shall not exceed $6,000 ($1,000/month x 6 months). District shall have no responsibility for out- of-pocket cost reimbursement or labor cost reimbursement, which shall be credited to rental credit only in accordance with the terms and conditions of this Agreement. (c) Beginning June 1, 2001 and continuing thereafter, rental credits may be granted for ongoing repairs or maintenance of the Premises on a case-by-case basis at the sole discretion of District in writing. Repair and maintenance items considered for rental credit shall include, but are not limited to the following items: paint exterior of the residence, electrical upgrades and window replacement. Routine maintenance and repair shall not be considered for rental credit. (d) Approval to undertake a project for credit against the rent will require preparation by the Tenant of a clear description of the work to be performed, the estimated hours, breakdown of estimated expenses, and a schedule for completion, including major milestones. (e) All work shall be performed under appropriate permits and using licensed contractors when appropriate, and performed in a good and workman-like manner. (f) Unless otherwise agreed in writing in advance, Tenant shall be responsible for all labor and out-of-pocket expenses to complete each repair or renovation project, including the cost of permits and fees. (g) Credit against the monthly rent shall be provided only upon District's written prior approval of completed projects or milestones, which may include final inspection or building permit(s). Approval shall require approval of documentation and/or receipts for all labor and expenses. (h) The full monthly rent shall be due and payable in accordance with Sections 3 and 4 herein until the Tenant receives written notice from District that the credit is approved. District will make every effort to respond to requests for project approval on a timely basis. (i) Said rental credit shall not apply if this Agreement terminates, expires or is abandoned by either party. District shall have no responsibility for out-of-pocket reimbursement of rental credit in the event of termination of this Agreement by either party. 8. Possessory Interest Tax. Tenant acknowledges that Tenant's interest in the Premises under this Agreement may now or hereafter be subject to a possessory interest tax imposed by the County in which the Premises are situated or by other lawful governmental authority. Tenant shall pay any such possessory tax prior to delinquency thereof, and shall not be entitled to offset the amount of such tax against rent payable under this Agreement. Residential Rental Agreement - Durham Page 5 9. Use. Tenant understands that it is District's intention to preserve the open space character of the land upon which the Premises are located, and Tenant agrees to use the Premises in a manner which is consistent with such intent. Subject to the foregoing sentence, the Premises may be used as a personal residence for the following named individuals only: Mark Durham, and for no other purpose without District's prior consent. Occupancy by guests staying more than fourteen (14) days without the prior written consent of District shall be considered a breach of the provisions regarding assignment and subletting set forth in Paragraph 16 below. Tenant shall be entitled to keep as pets and not for commercial purposes the following animal(s): none , which shall be confined to the Premises. Tenant shall not do or permit anything to be done in or about the Premises nor bring nor keep anything therein which will in any way cause a cancellation of any insurance policy covering the Premises or any part hereof, or any of its contents. Tenant shall not commit or allow to be committed any nuisance or waste in or upon the Premises, and shall not permit trash or garbage of any kind to accumulate on or about the Premises. Tenant specifically agrees not to cause or permit any cutting of live trees, grading of soil, or hunting of animals in the immediate vicinity of the Premises. Tenant shall not use the Premises or permit anything to be done in or about the Premises which will in any way conflict with any law, statute, ordinance, code, rule, or regulation of lawful governmental authority, including but not limited to District's "Regulations for Use of Midpeninsula Regional Open Space District Lands," and any amendments thereto, which may now be in force or which may hereafter be promulgated, and Tenant shall at all times during the term of this Agreement comply with each of the same. Said Regulations are attached hereto as Exhibit "C". 10. Utilities. Tenant shall pay directly to the charging authority on or before the date when due all charges for any and all services and utilities supplied to the Premises. Tenant hereby acknowledges the following special conditions: water to the Premises is presently a gravity fed system from a spring on the property (outside the Premisqq which also supplies water to the employee residence and stable area-on-the pro pe Ten Cis responsible for electricity, propane, telephone, garbage remov , an y o r services. r Date: J�`~ Tenant: / / Mark Durham 11. Maintenance and Repair. Tenant accepts the Premises in its "as is" condition, and that by this agreement, Tenant specifically waives any and all obligations of the District arising under, from, or out of Section 1941 of the Civil Code of California. Tenant shall, at Tenant's expense, repair and maintain the Premises and every part thereof in good, safe, and sanitary condition, order, and repair. Except as specified in this Paragraph 11, District shall have no obligation to repair or maintain the Premises. In performing Tenant's obligation to repair and maintain the Premises, Tenant may receive rental credits as set forth in Paragraph 7 of this Agreement. Residential Rental Agreement - Durham Page 6 (a) Tenant will be responsible for all repairs and maintenance of the conditions listed above, and any other conditions that may exist or arise relating to the improvements on and related to the Premises in compliance with all applicable building codes, zoning codes and other applicable laws. Tenant will be responsible for obtaining any necessary government approvals to perform such work. (b) Tenant, at its own expense and in a timely manner, shall keep and perform all routine maintenance and repair on all buildings, roads, springs, drains, culverts, fixtures, and any other things on or about the Premises and without any alterations or additions except such as shall be first approved in writing by District in accordance with Section 7 above. Tenant hereby waives all rights to make repairs at District's expense under the provisions of Section 1942 of the Civil Code of the State of California. (c) Subject to the provisions below, Tenant shall, at Tenant's expense, maintain the Premises and every part thereof, and the personal property, and the lawn, shrubs, and other landscaping surrounding the Premises, in good, safe, and sanitary condition, order, and repair. Tenant shall at all times during the term of this Agreement maintain as a fire break an area at least thirty (30) feet in width, surrounding the perimeter of the structures comprising the Premises which shall be free of all low-lying brush, dry weeds, and similar flammable materials. Tenant shall maintain said thirty (30) foot fire break in compliance with such reasonable standards and instructions as District shall notify Tenant of in writing from time to time. District shall have no duty whatsoever to maintain or repair all or any portion of the Premises, or the personal property, or any personal belongings or leasehold improvements of Tenant. (d) In addition to its maintenance responsibilities and the repair and maintenance work specified in Section 7, Tenant shall be responsible for identifying Long Term Maintenance items, and notifying District of such items. ("Long-Term Maintenance", as used herein, shall mean any item of protection, preservation, maintenance, and repair of the Premises or any part thereof, including property and any and all appurtenant facilities, the recurrence of which is not anticipated within the twelve (12) month period following its completion.) District may agree to perform such items of Long-Term Maintenance or participate in the expense of such items, in whole or in part, at its discretion. Any items of Long-Term Maintenance not deemed necessary by District or essential to District's ownership interest may be performed by , Tenant, at its own expense, with advance written approval of District. The provisions Of ,S'ection 11 have been read and understood by Tenant and Tenant specifica"knowledge agrees tothis Section 11. Date: S ^ �� Te Mark Durham 12. Independent Contractors. In any agreement entered into between Tenant and any outside contractor(s) to perform work as required under this Agreement, the following Residential Rental Agreement - Durham Page 7 language shall be incorporated: "Contractor shall act as an independent professional and not as an agent of District. Contractor shall maintain complete control of its employee(s) and subcontractor(s), and nothing contained in this agreement or any subcontractor agreement shall create a contractual relationship between contractor or any subcontractor and District. Contractor shall perform all work in accordance with its own methods, subject to compliance with this agreement and applicable laws and regulations, and written supplemental instructions from District." Any agreements entered into by Tenant with contractors to perform work in accordance with this Agreement must receive prior approval by District. 13. Insurance. Tenant, at Tenant's sole expense, shall obtain and keep in force during the term of this Agreement a general liability insurance policy with an insurance company satisfactory to District, protecting District and Tenant against any and all liability arising from Tenant's use of the Premises, or from any occurrence, in, on, about, or related to the Premises, with a single combined property damage and personal injury limit of$500,000. All such public liability insurance shall insure performance by Tenant of the indemnification obligations of Tenant set forth in Paragraph 17 hereof, and the policy shall contain a cross- liability endorsement. Tenant agrees to furnish a certificate of such insurance to District, naming District as an additional insured on or prior to the date of commencement of the lease term, and again upon any renewal or modification of such insurance. No such policy of insurance shall be cancelable or subject to reduction of coverage or other modification except after thirty (30) days prior written notice to District. The limits of said insurance shall in no event be deemed to limit the liability of Tenant hereunder. 14. Alterations. Tenant shall not make or suffer to be made any alterations, additions, or improvements to or of the Premises or any part thereof, without the prior written consent of District, except as provided in Paragraph 7 herein. All such alterations, additions, and improvements shall become and remain the Property of District immediately upon installation or construction thereof on the Premises unless Tenant and District shall otherwise agree in writing. Tenant may, however, at his own expense paint and otherwise enhance the condition of the Premises. 15. Liens. Tenant shall keep the Premises free from any liens arising out of any work performed, materials furnished, or obligations incurred by Tenant. 16. Waiver of Claims. District shall not be liable to Tenant, and Tenant hereby waives any claims against District for any damage to Premises or injury or death to any person in, on, or about the Premises by or from any cause whatsoever. 17. Indemnification. Tenant hereby holds District harmless from and shall indemnify and defend District from and against any and all claims of liability for damage to Premises or injury or death to any person when such damage, injury, or death shall be caused in part or in whole by the use of the Premises by Tenant or Tenant's invitees or contractors, or from the failure of Tenant to keep the Premises in good condition and repair, or from the breach by Tenant of any provision of this Agreement. • Residential Rental Agreement - Durham Page 8 18. Assignment and Subletting. Tenant shall not assign this Agreement or sublet the Premises or any interest therein without the prior written consent of District, which consent may be withheld for any reason. 19. Damage or Destruction. In the event the Premises shall be damaged or destroyed in part or whole, then District shall be entitled to elect, by written notice to Tenant, as soon as reasonably possible after Tenant notifies District of said damage, either (i) to repair the same and restore the Premises to substantially the same condition as existed immediately prior to such damage, or (ii) to terminate this Agreement, after which neither party shall have any further liability or obligation to the other hereunder, except for liabilities or obligations which accrued prior to such election to terminate. In the event District shall elect to repair or restore the Premises pursuant to this Paragraph 19, Tenant shall not be entitled to any damages or other compensation from District from any loss of quiet enjoyment or for any other reason arising from District's repair or restoration activities. District shall in no event be required to repair or replace any personal property installed or maintained by Tenant in or about the Premises, including the personal property listed on Exhibit "B", and Tenant hereby releases District from any responsibility for Tenant's personal property, furnishings, or household goods. 20. Enlry by District. District shall, at any and all reasonable times and on reasonable notice, have the right to enter the Premises to inspect the same, to post notices of non-responsibility, to repair the Premises, and to exhibit the Premises to prospective tenants. Tenant hereby waives any claim for damages for any loss of occupancy or quiet enjoyment of the Premises occasioned thereby. 21. Default b, Ty enant (a) The occurrence of any of the following shall constitute a material default and breach of this Agreement by Tenant: (i) The abandonment of the Premises by Tenant; or (ii) A failure by Tenant to observe and perform any provision of this Agreement to be observed or performed by Tenant. (b) In the event of any such default by Tenant, then in addition to any other remedies available hereunder to District or at law or in equity, this Agreement and all rights of Tenant hereunder shall be terminated upon delivery by District of notice of such termination to Tenant. Upon such termination, District may recover from Tenant all amounts necessary to compensate District for all the detriment proximately caused by Tenant's failure to perform Tenant's obligations under this Agreement or which in the ordinary course of things would be likely to result therefrom. Residential Rental Agreement - Durham Page 9 (c) In addition to the remedies provided above, in the event Tenant shall fail to perform any obligation to be performed by Tenant under this Agreement, or shall fail to pay any sum required to be paid by Tenant under this Agreement, District may, but shall not be obligated to perform or pay the same or cause the same to be performed or paid, and Tenant shall promptly upon demand by District therefore, reimburse to District all costs reasonably incurred by District in connection therewith, together with interest on such sums at the rate of ten percent (10%) per annum from the date incurred by District until repaid in full by Tenant. 22. Surrender: No Relocation Rights. Upon expiration or sooner termination of the term of this Agreement, Tenant shall vacate the Premises and remove all persons and personal property therefrom, and shall surrender possession of the Premises to District with the condition of the Premises as it existed at the commencement of the term of this Agreement, subject only to reasonable wear and tear and damage due to causes beyond the reasonable control of Tenant. Tenant, on behalf of Tenant, and on behalf of Tenant's immediate family, the members of which may occupy the Premises from time to time, hereby specifically waives any rights to, and releases District from any and all claims for, relocation benefits and/or relocation payments to which Tenant and those claiming through Tenant might otherwise be entitled pursuant to California Government Code Section 7260 et seq., and any similar or successor statutes. Tenant shall hold District harmless from and indemnify District against any and all liability, cost, and expense suffered or incurred by District and arising in nnection with any such right or claim. By his signature below, Tenants ifical r nyies and accepts the terms of Paragraph 22 of this Residential RentAl Agr m Date: Te t: L ark Durharii 23. Notices. All notices, demands, requests, or consents (collectively "notices") given hereunder by either party to the other, shall be made in writing and shall be delivered personally or by first class mail, postage prepaid, and addressed to the parties as follows: District: Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 Michael C. Williams, Real Property Representative (650) 691-1200 (650) 691-0485 FAX Tenant: Mark Durham 150 La Honda Road La Honda, CA 94062 (650) 365-6996- work L--J - home (916) 600-2930 - mobile phone Residential Rental Agreement - Durham Page 10 Notice given by mail in accordance with the requirements set forth above shall be deemed to have been delivered five (5) days after the posted date of mailing. 24. Waiver. Waiver by District of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition herein contained. District's acceptance of a partial payment of rent shall not be deemed an accord and satisfaction, and shall not be deemed a waiver of District's right to recover the full amount thereof. 25. Attorneys' Fees. If an action shall be instituted to enforce this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees as fixed by the Court having jurisdiction. 26. General. (a) This Agreement contains all of the terms, covenants, and conditions agreed to by District and Tenant and supersedes any and all agreements previously made between Tenant and District with respect to the Premises. This Agreement may not be modified orally or in any manner other than by a written instrument signed by both of the parties to this Agreement or their respective successors in interest. (b) If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. (c) The covenants and conditions hereof, subject to the provisions as to subletting and assignment, shall inure to the benefit of and bind the heirs, personal representatives, successors and assigns of the parties hereto. (d) The paragraph headings of this Agreement are for convenience only and are not a part of this Agreement and do not in any way limit or amplify the terms and provisions of this Agreement. (e) All persons who have signed this Agreement as Tenant shall be jointly and severally liable hereunder. (f) This Agreement shall be governed and construed in accordance with the laws of the State of California. (g) Time is of the essence as to each and all of the provisions of this Agreement with respect to which time of performance is a factor. Residential Rental Agreement - Durham Page 11 IN WITNESS WHEREOF, District and Tenant have executed this Agreement the day, and year first above written. "DISTRICT" "TENANT"MIDPENINSULA REGIONAL OPEN SPACE DISTRICT, a Public District Bey: / Mark Durham APPROVED AS TO FORM: Date: By. C � A C, ,�� Michael C. Williams Real Property Representative AGREED AND ACCEPTED: By: L. Craig Britton General Manager Date: i EXAIBTT B List of Personal Property Owned by District: propane range and oven electric refrigerator electric dishwasher %Y i 9 . o AC . _ pg . MC C . 55 -260-02 F `� do doe i L ' -' EXHIBIT A J. .� 1 E7�T B List of Personal Property Owned by District: propane range and oven electric refrigerator electric dishwasher Marianne Rose, 07 :32 AM 5/11/99 , dog access Return-Path: Marianne_Rose@CityNet .org To : mrosd@openspace .org From: Marianne_Rose@CityNet .org (Marianne Rose) Reply-To: Marianne_Rose@CityNet .org (Marianne Rose) Date : Tue, 11 May 1999 07 :32 :41 -0800 Subject : dog access Organization: CityNet, Inc . X-Gateway: FirstClass Gateway for SMTP/NNTP (Mac68K) version 1 . 02 X-Rcpt-To: mrosd@openspace .org I support the dog access proposal for the Long Ridge Open Space Preserve (item #2 at the May 12th meeting) . As a local resident, I can see no negative impact . I was told once by a ranger that "deer won' t come where there are dogs . " I guess that ranger had never visted Hillsborough, Atherton, or Los Altos Hills where there are lots more deer than here and way more dogs too. The positive aspects are the additional enjoyment and safety for the human users of the park. Do you think that the presence of the dogs might drive off some of the pigs? There ' s a concept ! Marianne Rose, 11845 Skyline Bvld. , Los Gatos, CA 95033 . Printed for Malcolm Smith <mrosd@openspace.org> Regional Open ', -ice R-99-66 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-12 May 12, 1999 AGENDA ITEM 2 AGENDA ITEM Tentative Adoption of a Use and Management Plan Amendment for Long Ridge Open Space Preserve to Allow Leashed Dog Access under a Test Case Permit System ASSISTANT GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the project is categorically exempt from C QA, based on the findings in this report. 2. Tentatively adopt the Use and Management Plan Amendment to allow leashed dog access under a test case permit system at Long Ridge Open Space Preserve. BACKGROUND At your January 27, 1999, meeting, you considered a Good Neighbor Pilot Dog Program for Long Ridge Open Space Preserve. The concept of a good neighbor pilot dog program was introduced by Director Hanko. Approximately four neighbors to Long Ridge Open Space Preserve and several other dog access supporters addressed the Board on the issue of returning dog use to the preserve. Following Board discussion, staff was directed to prepare a Use and Management Plan amendment to restore dog use to the portion of the preserve which was open to dog use prior to the 1995 change in policy affecting Long Ridge Open Space Preserve. Further, staff was directed to work with the Use and Management Committee to develop a test case permit system to implement the change in use. The Use and Management Committee, comprised of Directors Crowder, Little, and Nitz, met on April 22, 1999, to consider a draft permit system to allow leashed dog access to the approximately 13-acre portion of the preserve which was open to dog use from 1985 to 1995. About four preserve neighbors attended the meeting and voiced their support for dog access to the preserve. Two written communications were also received: one was supportive of the proposed program, the other communication did not offer an opinion about the proposed program. A telephone call was also received in support of the proposed program. At the meeting, a question arose regarding the adopted wording of the motion as contained in the minutes from the January 27, 1999, meeting. The minutes from the January 27, 1999, meeting indicate that the motion makes no reference to Long Ridge Open Space Preserve. However, staff reviewed the audio tapes of the meeting, and the motion discussion stated dog use should be returned to Long Ridge Open Space Preserve as previously allowed between 1985 and 1995. The Use and Management Committee approved the test case permit system as presented in this report. HISTORY A Board committee, called the Dog Use Committee, was originally formed in 1983 to consider 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 R-99-66 Page 2 dog access to preserves. The Committee held several public workshops, resulting in a decision to allow leashed dogs in portions of three preserves. In 1985, dog access was expanded to include five preserves, one of which was Long Ridge Open Space Preserve. Long Ridge dog access was limited to an approximately 13-acre grassy meadow situated between Peters Creek and Skyline Boulevard. Prior to opening the site to dog use, a biologist, Dr. Sam McGinnis, was consultedd to conduct a study of the impacts of dog use on the wildlife of the Long Ridge Preserve. The study, completed in 1987, found that dogs on leash had no significant effect on the resident wildlife population of Long Ridge Open Space Preserve. Based on ongoing strong public interest in additional dog access, the Board reactivated the Dog Use Committee in 1993 to review the dog access program. Following a series of public meetings, a system was developed to determine the suitability of preserves to dog use by applying a series of criteria. The criteria were weighted using a number system to rate low, medium, or high responses to the 12 criteria. Long Ridge ranked 16 out of 25 tested areas, with 15 areas being shown as more suitable to dog use. At their October 11, 1995, meeting, the Board tentatively adopted a Use and Management Plan amendment to close Long Ridge Open Space Preserve to all dog use, based upon the preserve's incompatibility with dog use when the criteria were applied. Another consideration which supported closure of the site was the difficulty of enforcing access in only a portion of a preserve. The action was finalized at the Board's November 8, 1995, meeting. DOG ACCESS PST Permits for dog use at Long Ridge will be available at a self-service registration station, located at the entrance to Peters Creek trail. The system will be similar to the wilderness self- registration processes used at many U.S. Forest Service and National Park Service wilderness areas. The visitor will retain a copy of the permit, which will include information about dog use rules. The visitor must carry the permit with them when walking their dog within the designated 13-acre area of the preserve. The permits will have a specified end date of one year from the start of the program. Basic information from the permit application will be entered into a database so permit holders can be contacted with updates about the system, or for permit renewals, if the program is successful. Dog walkers who violate District ordinances, such as the leash requirement, will have their permit privileges revoked and may be cited for violation of a District Ordinance (701.1 or similar) if they are subsequently found in the permit area with a dog. District rangers will carry a list of permitted dog walkers with them when patrolling the preserve. Monitoring Proms Staff proposes to return to the Board with an informational report approximately six months into the program. At the end of one year, the program will be reviewed by the Use and Management Committee. If the program is proceeding satisfactorily, renewals may be R-99_66 Page 3 processed by mail or consideration may be given to discontinuing the permit process. Public Notification An agenda for this meeting was sent to adjoining neighbors to the preserve. Implementation of the Program If you approve this program, the preserve changes necessary to implement the program will require several months. Permit forms, containing the dog use rules, need to be printed. A sign-in station must be constructed and installed, signs placed at the perimeter of the dog use area, and changes made to the brochure and trailhead maps. The cost of these changes is estimated at $500. Several neighbors in attendance at the April 22 Use and Management Committee meeting offered to assist field staff in implementing the necessary changes. Staff recommends the program begin August 16, 1999. CEQA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA (the California Environmental Quality Act) under Sections 15061(b)3 and 15301 of the CEQA guidelines. Section 15061(b)3 provides that a project is exempt from CEQA when it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. Section 15301 covers the operation of existing public facilities involving negligible expansion of use beyond that previously existing. Prepared by: Mary de Beauvieres, Senior Planner Gordon Baillie, Operations Analyst Contact: Gordon Baillie, Operations Analyst LONG RIDGE OPEN SPACE PRESERVE Midpeninsula Regional Open Space District SKYLINE RIDGE ° OPEN SPACE (SRQ1) 1.9 o.a PRESERVE N 2400 s •..••-ti kY// 44c, 0.7 Upper Stevens-.Creek bounty Park (Santa Clara County) Table 0.3 �• �; Mountain 0 \,, Ong R; �% PROPOSED DOG 1852 0.3 ?' USE AREA (BY PERMIT) 0 0.-7 �o (LR7 2)" /Q• 0.4 % �.j. 0• .0.4 A . Legend 0.4 .-. Gate(«s) ® Fire Station ` \�\\\ O rPPk : •• • if I. Trail Distance in Miles O 1 t d�� • Drinking Water '�-4. I 1 (LR7 O) -_ Driveway•Authorized I/ •1 ' Vehicles only Q,$ LONG RIDGE 3 at OPoint of Interest — — ' OPEN SPACE 1.8 Creek . O Public TeleP hone sit (LR09) • • Bay Area Ridge Trail \�, PRESERVE ' 0.4 'O Parking Lot E] Other Public Lands `\s `lo Long Roadside Parking No Public Entry (LR04) �'v e Private a leaud foods � Trail Use 0.5 0.5 ��� f' •••••••••••• Hiking Only Hiking,Bicycling Equestrian —-— Hiking Equestrian Note: Dogs are not allowed • on these eserves • Pr rp )0.1 • m 0.0 .1 .2 .3 .4 .S C O• �• O a • One-Half Mile Clio p� p• •% �C >r LJ oI o� hard /'° 0.7 Exhibit A: Site Location Map 4/99 Regional Open lace 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-99-68 Meeting 99-12 May 12, 1999 AGENDA ITEM _3 AGENDA ITEM Agreement with Santa Clara County Fire Department to Conduct a Controlled Burn on the Rancho de Guadalupe Portion of the Sierra Azul Open Space Preserve ASSISTANT GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions as set out in this ?eport are categorically exempt under the California Environmental Quality Act. 2. Authorize the General Manager to execute the attached Permit to Enter for the purpose of allowing the Santa Clara County Fire Department to conduct a controlled burn on the Rancho de Guadalupe portion of the Sierra Azul Open Space Preserve. BACKGROUND The District has received a request from the Santa Clara County Fire Department to conduct a controlled burn on a portion of the former Rancho de Guadalupe property in the Sierra Azul Open Space Preserve. The request is to burn up to nine acres of grassland, adjacent to the Cherry Springs Reservoir (see Exhibit 1 of Permit to Enter). This project would be a repetition of the controlled burn which was conducted as part of "Project Wildfire," in May 1997 (see report 97-73). DISCUSSION The project will involve burning up to nine acres of grassland and sparse chaparral. This particular site was chosen because the gentle slope, combined with light fuels, are appropriate for conducting a safe burn, with minimal erosion potential. The site has easy access and availability to water. In addition, the site is remote and closed to the public, so the project will not interfere with recreational activities. June 6, 1999, was chosen as the date for the project, to provide an opportunity to train new firefighters who are currently attending the Joint Agency Fire Academy. Firefighters from this academy are from many of the jurisdictions which provide fire services to the District. In addition, Santa Clara County Fire Department will also be on-site June 4 and 5, preparing for the burn. This would involve vegetation clearing and a small amount of burning around the edge of the site (black-lining) to protect trees and to provide further protection against escape of the fire. 330 Distel Circle . Los Altos, CA 94022-1404 . Phone:650-691-1200 FAX: 650-691-0485 . E-mail:mrosdOopenspace.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 R-99-68 Page 2 Santa Clara County Fire Department will be the lead agency in conducting the exercise. They will be responsible for: controlling site access, conducting the burn, providing public notification and complying with Bay Area Air Quality Management District regulations. The California Department of Forestry (CDF) may also participate in the training. The project will provide the following benefits for the District: 1. Research opportunities for the Districts Resource Management Specialist on the effect of wildland fire on vegetation management. 2. Enhancement of native vegetation and removal of exotic vegetation through the re-introduction of naturally occurring fire, under controlled conditions. 3. Reduction of fuel load in the burn area and subsequent reduction in the possibility of a wildland fire. 4. Wildland Fire and Incident Command System training for District and County Fire Department staff. 5. Improved working relationship with Santa Clara County Fire Department. RESOURCE MANAGEMENT ISSUES To evaluate the spectrum of environmental concerns, staff used an environmental check list developed by the California Department of Forestry for vegetation management burns. The results of the checklist show no significant impacts on water resources, soil stability, vegetation, habitats, wildlife, air quality,or visual aesthetics. The vegetation community of the burn area is approximately 85%non-native annual and perennial grassland. A burn in this area will enhance native vegetation diversity by reducing competitive species and thatch accumulation. Monitoring efforts will be conducted before and after the burn to assess the changes in species composition and distribution. The impact of a grassland burn on wildlife is minimal due to the seasonal timing and the low intensity of the burn.No rare or endangered species inhabit the burn area. Horned lizards have been sighted on the upper chaparral slopes of the preserve, but not in the burn area. The 1997 burn resulted in reduced thatch coverage,which benefited native grasses. Resource Protection Issues To ensure adequate protection of the area, staff have placed certain constraints on the project. These are specified in the Permit to Enter (Appendix A). Among the conditions are the following: • County Fire must fully restore any compacted areas to their pre-event condition. • District staff will be on-site for the duration of the event. • County Fire will minimize off-road driving of vehicles. R-99-68 Page 3 Archeological Issues: Prior to the 1997 Project Wildfire exercise, the Silicon Valley Defense Space Consortium paid for an archaeological review of the burn area. The review showed that there were no significant archeological resources in the area. CEQA COMPLIANCE Project Description The project consists of burning up to nine acres of grassland and sparse chaparral for the purpose of training and study. CEQA Determination Staff concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA (the California Environmental Quality Act) under sections 15304 and 15306 of the CEQA Guidelines as follows: Section 15304 allows activities resulting in minor alterations to land such as grading, landscaping, filling of earth, trenching, and backfilling. The proposed controlled burn is similar to these activities, in that it is only a temporary alteration to the land. In comparison to other agencies who regularly conduct controlled burns of areas greater than 50 acres, the proposed nine-acre burn is considered small, resulting in little impact to the land. The vegetation community is a grassland. No trees will be removed and the reduction of thatch and competitive species from the area will result in habitat improvements. Further exemption is covered under section 15306 which allows for "basic data collection, research, experimental management, and resource evaluation activities." This project will increase the District's knowledge of the role of fire in vegetation management. PUBLIC NOTIFICATION If the Board approves this project, then Santa Clara County Fire Department will notify neighbors of the details of the project. Prepared by: Gordon Baillie, Operations Analyst Jodi Isaacs, Resource Management Specialist Contact Person: Gordon Baillie, Operations Analyst Appendices: Appendix A - Permit to Enter Regional Open Space MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPENDIX A PERMIT TO ENTER This Permit to Enter is by and between the Midpeninsula Regional Open Space District, a California public District (hereinafter "MROSD"), and Santa Clara County Fire Department, a California public Fire Protection District (hereinafter "COUNTY FIRE"). The parties hereby agree as follows: 1.0 Property MROSD grants COUNTY FIRE permission to enter the portion of Sierra Azul Open Space Preserve (hereinafter the "Property") located in unincorporated Santa Clara County, as shown on the attached map (Exhibit 1). Access to the Property will be via Hicks and Pheasant Roads. 2.0 Purpose This Permit to Enter is for the purpose of conducting a wildland controlled burn in the areas shown on the attached map (Exhibit 1) as referenced in the Incident Action Plan (hereafter "Project"). 3.0 Activity Conditions The activity shall be subject to the following conditions: a. COUNTY FIRE will be responsible for obtaining all necessary government permits for the Project, including meeting the requirements set forth by the Bay Area Regional Air Quality Management District. b. COUNTY FIRE will write an Incident Action Plan (hereinafter the "Plan,") for the Project and will manage the Project in accordance with the Plan. The Plan must be agreed upon by MROSD at least two weeks in advance of the Project. The Plan will include a minimum of the following elements: i. Map of the planned burned site and planned access routes. ii. Plans for sanitation and other support services, such as food, etc. iii. Identification and protection of sensitive resource sites. iv. Number and type of fire apparatus assigned to the burn and planned staging areas for additional staffing and equipment. M Distel Circle - Los Altos, CA 94022-1404 Phone: 650 691-1200 FAX: 650-691-0485 . E-mail: mrosd o openspa<e.org Web site:www.ol)enspace.org Boaa1 of Oirec tor,:fete Siemens,Mary C. Davey,Jed Cyr, Deane Little, Nonette I lanko, Betw Crowder, Kenneth C. Nit/ •General Manager:L.< rmg Britton V. Plan for mutual aid, in case the fire escapes containment lines. vi. Overview of command and control structure, including communications plan. vii. Plan for medical emergencies, including an identified helicopter landing zone. viii. Plan for post-fire monitoring and cleanup. c. COUNTY FIRE will ensure that the Project is conducted under standard Incident Command procedures, including the provision for a Safety Officer, and will be responsible for the overall safe operation of the Project. d. COUNTY FIRE will ensure that MROSD staff have an opportunity to use the Project as a training opportunity by involving MROSD staff in the fire fighting and in the planning and execution of the Project. COUNTY FIRE will allow at least one MROSD staff member of supervisor or higher level to be present at the command post at all times. Other District staff or agents may be present as observers. e. COUNTY FIRE will limit off-road driving by fire apparatus to minimize soil compaction. f. COUNTY FIRE will provide MROSD with a schedule of operations and keep MROSD informed of any changes in the schedule. g. COUNTY FIRE will be responsible for clean up of the burn site and any staging and transit areas, which are on MROSD property. h. COUNTY FIRE will patrol the burn site at least twice on each evening after completing a day's burning. Any signs of re-ignition will be immediately extinguished and any re- ignitions will be reported to MROSD. i. COUNTY FIRE will be responsible for discing or otherwise restoring the staging area and any other areas impacted by the exercise. MROSD shall have final say as to the completeness of the restoration and may require additional work be done to ensure full restoration of the area. j. In no event, shall equipment or materials be left unattended on MROSD property. k. MROSD shall provide COUNTY FIRE lock combinations for access to any necessary gates. 1. COUNTY FIRE shall be the lead agency for fire suppression and control, for the duration of the Project. in. A copy of this permit shall be maintained on site at all times while the Project is taking place. 2 n. COUNTY FIRE will be responsible for informing neighboring residents and adjacent land owners of any site preparation activities which involve burning (i.e. black-lining). o. In the event that COUNTY FIRE produces for distribution a news release or other type of media advisory pursuant to the Project, MROSD will be provided with a draft of the release for review prior to distribution and will be given the opportunity to include in that document a typical MROSD descriptive paragraph. If COUNTY FIRE engages in any other publicity activity pursuant to the Project, MROSD shall be named as a cooperating agency. p. COUNTY FIRE will continue to work with MROSD to provide additional training opportunities (such as HazMat training) for District staff, at mutually acceptable dates and locations. 4.0 Term Access to the site for the purposes of this permit is limited to Friday June 4, 1999. In the event that the Project must be rescheduled, this permit will still be valid as long as MROSD has written notification of the new dates and MROSD has agreed to the new date(s). In order to do site preparation, COUNTY FIRE may also access the site on dates which are mutually agreed upon. In any event, this permit expires on August 31, 1999. 5.0 Notice Any notice or notices required or permitted to be given pursuant to this license may be personally served on the other party by the party giving such notice, or may be served by U.S. mail to the following address: MROSD: L. Craig Britton, General Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 (650) 691-1200 (650) 691-0485 (FAX) copy to: John Escobar, Assistant General Manager Midpeninsula Regional Open Space District 330 Distel Circle Los Altos, CA 94022 (650) 691-1200 (650) 691-0485 (FAX) 3 COUNTY FIRE: Benjamin F. Lopes III Santa Clara County Fire Department 14700 Winchester Blvd. Los Gatos, Ca. 95032-1818 (408) 378-4010 (408) 378-4079 (FAX) 6.0 Indemnification and Release of Liability COUNTY FIRE agrees that the use of equipment and tools on the property of MROSD shall be effected with all reasonable diligence and precautions to avoid damage to the land, property, or personnel of MROSD or to the public. COUNTY FIRE hereby waives all claims and recourse against MROSD, including the right of contribution for loss or damage to property, and releases MROSD from any liability related to or in any way connected to COUNTY FIRE's activities or COUNTY FIRE's use of the Project site, premises, or facilities. COUNTY FIRE agrees to indemnify, hold harmless, defend and protect MROSD, its officers, directors, agents, and employees from any and all claims, losses, damages, demands, liabilities, suits, costs, expenses (including all reasonable attorney's fees), penalties, judgements, or obligations whatsoever in connection with any injury, death, or damage to any person or property or pecuniary or monetary loss that results from, arises out of, or in any way relates to the activities of COUNTY FIRE both on and off the Project. COUNTY FIRE and its agents shall have sole responsibility for the safeguard of their equipment, property, and personnel (i.e., employees, agents officers and guests) from any and all injury, death, or damage. 7.0 Insurance Throughout the term of this agreement, COUNTY FIRE, at its sole cost and expense, shall maintain in full force and effect comprehensive automobile and general liability insurance covering bodily and personal injury and property damage arising out of the COUNTY FIRE's activities pursuant to this Permit to Enter. Limits shall be not less than $5,000,000 per occurrence for bodily injury and $500,000 per occurrence for property damage. This permit is not valid without COUNTY FIRE's insurance in effect as shown on the attached Certificate of Insurance (Exhibit 2), which is made a part of this permit. The policy shall name MROSD as an additional insured. Throughout the term of this agreement, COUNTY FIRE, at its sole cost and expense, shall maintain in full force and effect a policy of Worker's Compensation Insurance covering all its 4 employees as required by law. Each agency is responsible for the Workers Compensation coverage for their own employees, volunteers and agents. Such insurance policies shall not be canceled or materially changed without thirty (30) days' advance written notice to MROSD at the address shown under NOTICES. These insurance requirements may be met by membership in a California Government insurance pool. Proof of such coverage and membership must be provided to MROSD. 8.0 Cancellation This Permit To Enter shall be cancelable by MROSD upon 24 hours written notice to COUNTY FIRE. The above Permit to Enter has been read and understood and is hereby agreed to and accepted. COUNTY FIRE, By Date Mike E. Rock Print Title Director of Business Services MIDPENINSULA REGIONAL OPEN SPACE DISTRICT By Date L. Craig Britton, General Manager Attest Peggy Coat, District Clerk Attachments: Exhibit 1 - Map of burn site Exhibit 2 - Certificate of Insurance 5 SIERRA AZUL OPEN SPACE PRESERVE Midpeninsula Regional Open Space District RANCHO DE_GUA DAL UPE\AREA 1200 l000 PAVED ROADS FIRE HYDRANT UNPAVE _ s CONTRQLLED �, *- BURN RESERVOIR ri 11,72 PICNIC y AREA 1200 N SCALE: APPROX. 1" - 300' EXHIBIT 1: CONTROLLED BURN AREAS 4/99 Regional Open S,.,ace 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-99-76 Meeting 99-12 May 12, 1999 AGENDA ITEM 4 AGENDA ITEM Consideration of Resolution Urging the Santa Clara County Board of Supervisors to Reject the Proposal to Implement Vehicle Entry Fees at Rancho San Antonio County Park ASSISTANT GENERAL MANAGER'S RECOMMENDATION h e� Discuss and determine whether to adopt the attached resolutio urging the Santa Clara County Board of Supervisors to reject the proposal to implement vehicle entry fees at Rancho San Antonio County Park. BACKGROUND As reported by the General Manager earlier this year, the Santa Clara County Parks Department proposed to implement a vehicle entry fee of up to $4 at the 12 County parks that are currently free of charge. This proposal includes vehicle entry fees for Rancho San Antonio County Park. At its February 3, 1999, meeting the Santa Clara County Parks Commission voted against this proposal. Since then, a sub-committee of the Santa Clara County Board of Supervisors determined that the entry fee proposal would be presented to the full Board of Supervisors for a decision. It is expected that the Board of Supervisors will discuss the proposal this month. Director D. Little requested that the attached resolution be placed on this agenda for discussion by the Board of Directors. Rancho San Antonio County Park is comprised of approximately 166 acres adjacent to Rancho San Antonio Open Space Preserve, and includes parking for 327 vehicles. The vast majority of visitors to the District's Rancho San Antonio Open Space Preserve enter through the County Park and utilize the County's parking areas. The County manages all facilities in this area, up to the boundary with the open space preserve. If implemented, a vehicle fee collection kiosk would be installed at the main entrance to Rancho San Antonio, on Cristo Rey Drive. An annual pass to all of the County's park facilities is available for a fee of$50.00 and it is anticipated that a second pass (for a second vehicle in the family) would be available for an additional $25.00 annually. Prepared by: M. Smith, Public Affairs Manager Contact person: D. Little, Director, Ward 4 330 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 Resolution No. 99- Resolution of the Board of Directors of the Midpeninsula Regional Open Space District Urging the Santa Clara County Board of Supervisors To Reject the Proposal to Implement Vehicle Entry Fees at Rancho San Antonio County Park WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District finds that providing public open space contributes greatly to our region's quality of life and is of vital environmental, social, and economic interest to the citizens of our community; and WHEREAS, the District manages 23 open space preserves for use by the public free of entry fees; and WHEREAS, the Board finds that provision of these open space areas to the public without cost furnishes all socioeconomic segments of the District's constituency with the opportunity to experience the beauty and splendor of our natural resources without the potential obstacle of cost; and WHEREAS, of these 23 preserves, Rancho San Antonio Open Space Preserve has the highest level of visitation by the public, and the vast majority of visitors to this preserve enter through and park within Rancho San Antonio County park; and WHEREAS, the District and the County Parks Department have enjoyed a positive, successful, and mutually-beneficial working relationship in regards to Rancho San Antonio and other common issues; and WHEREAS, the Santa Clara County Board of Supervisors will be considering a proposal to implement vehicle entry fees at a number of County parks that currently do not charge fees, including Rancho San Antonio County Park; and WHEREAS, charging a vehicle entry fee at the County park would have the effect of charging the public for entry to the open space preserve, thereby potentially denying many people the opportunity to visit the preserve; and WHEREAS,the Board finds that such a charge is inconsistent with the District's philosophy of free entry to its open space preserves. Now, THEREFORE, BE IT RESOLVED that the Board of Directors of the Midpeninsula Regional Open Space District,with respect, strongly urges the Santa Clara County Board of Supervisors to reject the proposal to implement vehicle entry fees at Rancho San Antonio County Park. Regional Open -space 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-99-70 Meeting 99-12 May 12, 1999 AGENDA ITEM 5 AGENDA ITEM Proposed Revisions to Grant of Conservation Easement with Covenants in Favor of Save-the- Redwoods League for Addition of Munson and Peninsula Open Space Trust Properties to Long Ridge Open Space Preserve ASSISTANT GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the recommended actions are categorically exempt from the California Environmental Quality Act as set out in this report. 2. Adopt the attached resolution authorizing the President of the Board or other appropriate officer to execute the revised Grant of Conservation Easement with Covenants in favor of Save-the-Redwoods League for addition of Munson property. 3. Adopt the attached resolution authorizing the President of the Board or other appropriate officer to execute the revised Grant of Conservation Easement with Covenants in favor of Save-the-Redwoods League for addition of Peninsula Open Space Trust property. DISCUSSION At your April 14, 1999, meeting, you approved the purchase of the 40-acre Munson property and the 40-acre Peninsula Open Space Trust (POST) property located adjacent to Long Ridge Open Space Preserve and Portola Redwoods State Park. As part of this transaction, you granted conservation easements over the two properties to Save-the-Redwoods League. Subsequent to your action and prior to submitting the easement documents to escrow, staff determined a number of changes were necessary for clarity and to provide the District more management flexibility. These changes are incorporated into the attached easements and generally simplify the limitations of use placed upon the District. The intent of the easements remain the same whereby the District will endeavor to protect and preserve the forest resources for future generations. CEQA COMPLIANCE The granting of the conservation easements was determined to be categorically exempt from CEQA (California Environmental Quality Act) at your April 14, 1999, meeting. The findings detailed in the prior staff report (R-99-58) remain in effect and unchanged. The District further concludes that the action proposed in this report does not constitute a change to the 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 R--99-70 Page 2 project which would result in any additional impact on the environment. The physical project remains unchanged. Prepared by: Del Woods, Senior Acquisition Planner Contact Person: Michael C. Williams, Real Property Representative RESOLUTION RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING OFFICER TO EXECUTE REVISED GRANT OF CONSERVATION EASEMENT WITH COVENANTS OVER REAL PROPERTY BEING ACQUIRED, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (LONG RIDGE OPEN SPACE PRESERVE- LANDS OF MUNSON, ET AL.) The Board of Directors of the Midpeninsula.Regional Open Space District does resolve as follows: Section One. The President of the Board of Directors or other appropriate officer is authorized to execute a revised Grant of Conservation Easement with Covenants in favor of Save-the-Redwoods-League, a California Non-profit corporation, in a form substantially similar to the form attached hereto and by reference made a part hereof. Section Two. The original Grant of Conservation Easement with Covenants was previously approved along with Purchase Agreement between Steven J. Munson et al. and the District on April 14, 1999 by Resolution 99-11 of the Board of Directors. All of the terms and conditions of the Purchase Agreement remain unchanged in full force and effect. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager further is authorized to execute any and all other documents necessary or appropriate to the transaction. RESOLUTION RESOLUTION OF THE BOARD OF DIRECTORS OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT AUTHORIZING OFFICER TO EXECUTE GRANT OF CONSERVATION EASEMENT WITH COVENANTS OVER REAL PROPERTY BEING ACQUIRED, AND AUTHORIZING GENERAL MANAGER TO EXECUTE ANY AND ALL OTHER DOCUMENTS NECESSARY OR APPROPRIATE TO CLOSING OF THE TRANSACTION (LONG RIDGE OPEN SPACE PRESERVE- LANDS OF PENINSULA OPEN SPACE TRUST) The Board of Directors of the Midpeninsula Regional Open Space District does resolve as follows: Section One. The President of the Board of Directors or other appropriate officer is authorized to execute a revised Grant of Conservation Easement with Covenants in favor of Save-the-Redwoods-League, a California Non-profit corporation, in a form substantially similar to the form attached hereto and by reference made a part hereof. Sect-ion Two. The original Grant of Conservation Easement with Covenants was previously approved along with the Purchase Agreement between Peninsula Open Space Trust, and the District on April 14, 1999 by Resolution 99-12 of the Board of Directors. All of the terms and conditions of the Purchase Agreement remain unchanged in full force and effect. Section Three. The General Manager of the District shall cause to be given appropriate notice of acceptance to the seller. The General Manager further is authorized to execute any and all other documents necessary or appropriate to the transaction. SAVE-THE-REDWOODS LEAGUE 114 Sansome Street, Room 605 San Francisco, CA 94104 Attn: Mary A. Angle GRANT OF CONSERVATION EASEMENT WITH COVENANTS WHEREAS, the Midpeninsula Regional Open Space District, hereinafter called "District" has heretofore entered into that certain Purchase Agreement dated April 14, 1999, for the purchase of that certain 40-acre parcel of redwood forested land hereinafter called the "Subject Property" as more particularly described in Exhibit "A" as attached hereto and by this reference incorporated herein and made a part hereof, and WHEREAS, the Save-the-Redwoods League, a California non-profit corporation, hereinafter called "League" was organized as a non-profit public benefit corporation to raise funds and solicit gifts of real and personal property for the purpose of acquiring redwood forested lands in order to protect and preserve said forests for future generations, and WHEREAS, District and League recognize the scenic, aesthetic and special character of the Subject Property and the redwood forest contained thereon, and have the common purpose of conserving the natural and scenic values thereof by Conveyance of a Conservation Easement with Covenants upon, over and across the Subject Property which shall conserve and protect the redwood trees and the forest environment of the Subject Property and prevent the use or development of the Subject Property for any purpose or in any manner which would conflict with the maintenance and use of the Subject Property in natural, scenic and wooded condition for public park, recreation and open space purposes. NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged: District hereby grants to League this Conservation Easement with Covenants ("Easement") upon, over and across the Subject Property as described in said Exhibit "A" in perpetuity upon the following terms and conditions: 1. RESERVATION OF USE BY DISTRICT District reserves the right to use the Subject Property in any manner consistent with the stated purposes, terms, conditions, restrictions and covenants of this Easement, with the District's enabling legislation, and with existing zoning and other laws, rules and regulations of the State of California and the County of San Mateo, or any other agency having jurisdiction, as such laws, rules and regulations may hereafter from time to time be amended. The District may develop and use the Subject Property for public open space and low intensity recreational use in accordance with District policies and ordinances. Such development and use may include, by way of illustration, but not limitation: casual GRANT OF CONSERVATION EASEMENT WITH COVENANTS Page 2 picnicking and rustic restroom facilities, kite flying and open space play areas, meditation areas, wildlife observation areas, nature study areas, unpaved parking areas, photograph or landscape painting area, and primitive backcamp camps. District may plan, design and develop such facilities as it deems reasonably necessary for public use and enjoyment of the Subject Property for open space or recreational use consistent with this Easement. In the event any live, non-diseased native trees in excess of 12" BHD are proposed for removal as a part of such development plans, League shall have the right of design review and comment privileges on any and all open space and recreational development plans prior to approval and construction. Under these circumstances, the District will submit to the League a site plan showing the location of all proposed trails, patrol roads, planted or landscaped areas, proposed grading or other development or improvements, and indicating the proposed uses or activities on the Subject Property, and specifically showing the location, height and diameter of any redwood or other native tree in excess of 12" BHD proposed for removal as a part of such development plan. Within thirty days from the submission to the League, League shall review such site plan and drawings, and shall make its recommendations and comments based upon the following objectives: a) to ensure adherence to the terms, conditions and purposes of this Easement; and b) to satisfy themselves that every reasonable effort has been made by District to avoid as much as possible the removal of redwood and other native trees in excess of 12" BHD. The design review provided for herein is advisory only and District shall consider, but shall be free to accept, reject or modify the recommendations of League. District further specifically reserves the right to do the following, provided that such right shall in no way be considered as a limitation of the general reservation of rights described in the preceding subparagraphs: A. Construct and maintain fences and gates of a rustic nature and erect signs as necessary to enhance public access and enjoyment and maintain security of the Subject Property; B. Construct and maintain unpaved trails for hiking, bicycling and horse-back riding, including both internal trails and connecting trails with adjacent District and other public open space and park lands, and may construct and maintain roads or trails for patrol, maintenance and emergency access. GRANT OF CONSERVATION EASEMENT WITH COVENANTS Page 3 C. Conduct natural resource restoration projects, including removal of non-native or diseased vegetation, or reforestation with native plants. Live, native trees may only be removed on an emergency or maintenance basis to protect public health and safety as determined by District in conformity with the provisions in Section D. D. Conduct environmental review in accordance with the California Environmental Quality Act for site protection, public access and resource restoration projects. Engage in appropriate resource studies, in such a way as to not jeopardize the natural and scenic character of the Subject Property or damage or destroy the redwood trees thereon. 2. LIMITATIONS ON USE BY DISTRICT District covenants and agrees for itself and its successors and assigns, except where contrary to the above described rights specifically retained, that District shall strictly adhere to the following: A. That the Subject Property shall forever be used for public park, recreation and open space purposes and shall be dedicated to such purposes by District in accordance with Section 5540 of the Public Resources Code of the State of California. B. That no commercial logging shall ever take place on the Subject Property. C. That, except as provided in Section 1 hereinabove, no redwood or Douglas fir trees growing now or in the future on said Subject Property shall be cut, logged, uprooted or removed from the Subject Property without the prior written consent of the League, or its successor or designee. D. That no disturbance of other native plant species, nor of native animal population or habitat, shall occur upon the Subject Property, except as provided in Section 1 hereinabove, or to abate disease and/or eliminate an imminent hazard to the health, safety, or welfare of the public. 3. USE BY LEAGUE The League shall be permitted to designate sites, up to five acres in size, as redwood memorial or honor groves on the Subject Property, for the purpose of raising new funds for continued protection of redwood trees and redwood forests. The League shall provide the District with a map of the proposed sites, and will notify the District of the time of any dedication of memorial or honor groves. The League will coordinate with GRANT OF CONSERVATION EASEMENT WITH COVENANTS Page 4 the District for the installation of signage for the groves. The signage shall be provided by the League. 4. ENFORCEMEIN'T' District grants to League the right, but not the obligation, to enter upon the Subject Property for the purpose of monitoring and enforcing any term, condition, restriction or covenant of this Easement or to prevent or prohibit the violation of any conditions, restrictions or covenants of this Easement which will or may destroy the natural and scenic characteristics of the Subject Property. 5. MUTUAL INDEMNITY Each party shall indemnify, defend, and hold harmless the other from any and all claims arising out of activities conducted by or under the auspices of the indemnifying party pursuant to this Easement. In the event of concurrent negligence, each party shall contribute costs of liability, defense, and damages in proportion to its fault under the principles of comparative negligence. 6. CONDEMNATION In the event the Subject Property or any portion thereof is sought to be condemned for another public use, this Easement and each and every term, condition, restriction, and covenant contained herein shall terminate as of the time of the filing of the complaint in condemnation as to that portion of the Subject Property sought to be taken for another public use only, but shall remain in effect relative to all other portions of the Subject Property. District shall be entitled to such compensation for the taking as it would have been entitled had the Subject Property not been burdened by this Easement; provided, however, that each and every term, condition, restriction and covenant of this Easement shall be observed by District, its successors or assigns, during the pendency of such action and provided further that in the event such action is abandoned prior to the recordation of a final Judgment in condemnation relative to the Subject Property, or some portion thereof is not actually acquired for such other public use, the Subject Property shall, at the time of such abandonment, or at the time it is determined that the Subject Property shall not be taken for such other public use, once again be subject to this Easement and to each and every stated purpose, term, condition, restriction and covenant of this Easement. However, if the Subject Property or any portion thereof is sought to be acquired, appropriated, or condemned for a use incompatible with this grant, by any other public or quasi-public entity, the presumptions contained in Section 1240.680 of the Code of Civil Procedure and Section 5542.5 of the Public Resources Code shall be asserted by District to protect its GRANT OF CONSERVATION EASEMENT WITH COVENANTS Page 5 and the League's interest in the Subject Property, and to preserve the open space and recreational character thereof. 7. ENFORCEABLE COVENANT AND RESTRICTION This Easement and each and every term, condition, restriction and covenant contained herein is intended for the benefit of the League, its successor or assign and constitutes an enforceable restriction. This covenant is expressly intended by District and League to run with the land described in said Exhibit "A", to constitute an equitable servitude therein, and shall bind each and every successive owner of said land, or of any interest therein, and shall be enforceable by the League, its successors and assigns. This Easement is made for the sole benefit and protection of the District and the League. Nothing herein shall be deemed to require the approval or consent of any third party, owner, or occupant of any other parcel of real property located within or without the boundaries of the Midpeninsula Regional Open Space District other than the League or to create any right in any third party for such enforcement of the terms of this Easement. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT By: President, Board of Directors Date: Attest: District Clerk Date: Regional Open -,,,Nace s R-99-71 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Meeting 99-12 May 12, 1999 AGENDA ITEM 6 AGENDA ITEM Authorization to Solicit Bids to Purchase Prefabricated Pit Toilet Restrooms for Purisima Creek Redwoods, Rancho San Antonio, and Skyline Ridge Open Space Preserves ASSISTANT GENERAL MANAGER'S RECOMMENDATIONS 1. Determine that the project is categorically exempt from CEQA, based on the findings in this report. 2. Authorize staff to solicit bids for five prefabricated pit toilet restrooms for Purisima Creek Redwoods, Rancho San Antonio, and Skyline Ridge Open Space Preserves. DISCUSSION The Planning Program's 1999-2000 work program includes the replacement of five aging, chemical-recirculating restroom units with prefabricated pit toilet restrooms. Pit toilet restrooms have already been installed as either new or replacement units at five locations. The pit toilet locations are: the Higgins Purisima Creek entrance to Purisima Creek Redwoods Preserve, Russian Ridge parking area, Daniels Nature Center at Skyline Ridge, and Black Mountain backpack camp at Monte Bello. A new pit toilet has also been approved for the Spring Ridge picnic area of Windy Hill Open Space Preserve. Final permit approval is anticipated within the next month. Staff proposes to replace the remaining five chemical-recirculating units with pit toilet restrooms. The five units are located on three preserves: at Deer Hollow Farm in Rancho San Antonio, at the Whittemore and Redwood Trail entrances to Purisima Creek Redwoods, and at the main parking area and whole access parking lot at Skyline Ridge (see attached maps). The Rancho San Antonio restroom unit is a double unit. Four chemical-recirculating units have recently been replaced with pit toilet restrooms. As the chemical-recirculating units age, they have become more problematic. Replacement parts are difficult to obtain and replace. When the internal parts fail, as they do with greater frequency as the units age, restroom closures are required for extended periods of time. While recent purchases of pit toilet restrooms have been made through Restroom Facilities Corporation of Reno, Nevada, the District will be purchasing a significant number of units at one time, requiring a public bid process to accomplish the purchase. The Public Resources Code, Sections 5549 and 5594, requires the District to solicit public bids for the payment for supplies, materials, or labor for new construction of any building, structure or improvement in amounts exceeding $25,000. The notice to bidders will be prepared in such a way as to insure 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 R-99-71 Page 2 that the purchased units maintain a uniformity in parts and appearance with the existing pit toilet building design. Staff estimates the purchase of the five units to be approximately $110,000. The fiscal year 1999-2000 budget includes $140,000 to cover the entire cost of replacing the five restroom units. The remainder of the budgeted funds will cover the cost of permits, removal of the existing structures, preparing the site, and installation by District field staff. Last year, field staff installed the pit toilet unit at the backpack camp at Monte Bello Open Space Preserve. CEQA Comte Project Description The project consists of the installation of a prefabricated pit toilet restroom to replace an existing chemical-recirculating restroom at each of the following locations: 1. Rancho San Antonio Open Space Preserve - Deer Hollow Farm 2. Skyline Ridge Open Space Preserve - Main Parking Lot 3. Skyline Ridge Open Space Preserve - Whole Access Parking Lot 4. Purisima Creek Redwoods Open Space Preserve- Whittemore Parking Area 5. Purisima Creek Redwoods Open Space Preserve- Redwood Trail CEQA Determination The District concludes that this project will not have a significant effect on the environment. It is categorically exempt from CEQA (California Environmental Quality Act) under Sections 15302, 15303 and 15304. Categorical Exemption Section 15302 - Replacement or Reconstruction The restrooms will replace existing structures, located on the same sites, with units having substantially the same purpose and capacity as the structures replaced. Categorical Exemption Section 15303 - New Construction or Conversion of Small Structures The restrooms are considered new construction of small structures on District land. Categorical Exemption Section 15304 - Minor Alterations of Land The restroom replacement will consist of minor alternations to the condition of the land. Prepared by: Mary de Beauvieres, Senior Planner Contact: Same as above PURISIMA CREEK REDWOODS OPEN SPACE PRESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT �,o 1600 t 1 111 h l• 1600 --�,� 1400 1400 0.3 �, Phleger Estate • i -� •�, 1 PROPOSED RESTROOMS RED o� / %. -- ;f"�' (Golden Gate National: v .• �, _ �� ' / ! Recreation Area). ;/ TO BE REPLACED Ell 2.6 rn 0.4 r'- - \ aat T , n s I ` f 1000• / 9j i t 1.4 tad_._ _1 T a'I 0.3 � Red p .._�- free y� -- - ••O l - �y �` �. uris _._ rf rad _,.. 01, 1 � \ a 0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 One Mile SKYLINE RIDGE OPEN SPACE PRESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT 1 ge Trail T , 0.5 ?7, Stevens Creek ty, 1 Iv oo Trail �1 Alpine R _w fO.3 _ o °ad Gi" _� .4 0.2 , 1(SR05)` 1 — i '•4 �. (MB06 0.1 ` 0.1 ;O /� �_- MONTE BELLO Alpine ;' 0.2 `—' �20� —® � ', OPEN SPACE`PRESERVE Pond ` i 0.1 Tr , 03) PROPOSED• RE TR M 0•5 (MB07)% tS 00 $ 0.5 0 1 :.© •i 0.3 (SR03) + l� TO BE REPLACED0.2 0.3 .. 0.2 0.3 0.o i 2,4 \ Horseshoe ` 0.3 r \ \ i Lake J•0.6 04 Christmas _ .. •� �� �• 0.4 � ` 2200 ree Farm \� zz0� ' J 0.7 . : z 1600 2000 �`Q _ JIk ZUUU 1800 0.0 .1 .2 .3 .4 .5 .6 .7 .8 .9 1.0 VV One Mile RANCHO SAN ANTONIO OPEN SPACE PRESERVE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT UP � � aid� :�� "G" s sa��r z �:� .,�n'z",a ���,, ; 3 a : •, ..�•��.a �;., .... :. �..: ....i ,iF' r•:• .a .� ..� a •�evYc�,<.,.,c�. \.».��• .-?x4�..c°.a` a,€aFs � ii.:.,..,«••, �:?�:� ,,.<.;. k a��€ �,F..... :3t€ `x..,...,i,,,=»a.� <�v' o1;I,_z;..sk—: �.,_ �� .... .„, F F"�. F€� � �..3 \....�`..;a$ '. ... € ..4 sas•`5� .....ii,,.>3. �•E.,�ni,;.�:s•:s `, i::<^tii�'.€.i�:\�iti\�•�c `; SZ :;1.=ii; at � ::. '��,E: i w .,.....�.., s.:Z.:,;s.,•,;s �:G::.iiii ,.. .3`��.... � �£s^<'.,.r< Li.. ks Fk F Y b .�;,.. a2`RA «< <•,. a;;' ists3s i Hai ?;. sYa?g h a � F =¢ Ya`AY p. � ,F=• a>«a<.v;.' a <F:xt..�a•sz<<.<,. .i s!ss^..:: F•� .3a .<.; ...�,c. >s. :'. ,��,.s,«,.. �`.;�> �r� •.: �cr, � q R • i... ����r.�i `+� 3 4 y3� MUNIN gull h A •(�o�-t+ Water Tank . • t F<z \ �7 ��,, 0.4 More Lower s€ . Trail _ _boo, a M ddoW •�• 0.8• r `• 10.6 (By. ' Permit 1 \(RS06) 1 P f ' I a .. / J�� ••, ��•' —fit® � l� --� only) � 0.8 0.3 800 / .5 � Deer ,` ��`Rsos) •�^ice Water 0.3 �� �� j a�� Hollow `. '•�r.,\ ®�.�ti Tank Farm ;• RS03) \®�♦"'•• ^►... ` �= Q—� 1 •` 0.3. fry+ < 1• �, t • , . 00' 0.5 \�\0.2 r 3 PROPOSED RESTROOM �600- of x s TO BE REPLACED l�Td 0.7 r / nn, ` __ _ 800 Sty / � i3 sb_ 301 RE, 4111,010. g;n 1.6 y[1FS ij'� E3•e` :: k3iII i� • F� 3.3 h 't€ yR L 4; k 1°s ,� a� '6 C�u''`kSdn Antonio ... \�.«•"M 3 ., ..._ a�.:: .uia' i � iii:;5• rb \Y'». mx fi « -�:�i� \.s«i3 '•ui;r:�may`»: ,w��3 1, \\\\ / •<ss��� :r€[`E>'�„ `Tcx h'�`.. �\ . dx r Js i J < o.n .r .2 .3 .4 .s .6 .7 .8 `3 1.0 One Mile Regional Open Srace r MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-99-75 Meeting 98-12 May 12, 1998 AGENDA ITEM 7 AGENDA ITEM Program Evaluation for the 1998-1999 Action Plan for the Implementation of the Basic Policy of the Midpeninsula Regional Open Space District / �e; ASSISTANT GENERAL MANAGER'S RECOMMENDATION Comment on and Accept Staffs Program Evaluation Report. DISCUSSION The attached program evaluation material covers the 1998-1999 fiscal year. Staff will brief you at your May 12 meeting on the status of key projects, plus additional projects and activities not specifically included in the Action Plan that required significant effort. You adopted the new Action Plan for the 1999-2000 fiscal year at your March 24, 1999 meeting. Copies of both Action Plans are available at the District office for public inspection. Prepared by: L. Craig Britton, General Manager J. Escobar, Assistant General Manager R. Anderson, Planning Manager M. Smith, Public Affairs Manager D. Dolan, Administration and Human Resources Manager M. Williams, Real Property Representative 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.org Board of Directors:Pete Siemens,Mary C.Davey,Jed Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •Genera!Manager:L.Craig Britton ACTION PLAN FOR THE IMPLEMENTATION OF THE BASIC POLICY OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT FOR THE 1998-1999 FISCAL YEAR I. OPEN SPACE ACQUISITION PROGRAM A. Negotiations and Special Projects Subprogram B. Enterprise Subprogram II. PLANNING PROGRAM A. Advance Planning (including related Interdepartmental Support and Team Development) B. Current Planning (including related Interdepartmental Support and Information Systems) III. OPERATIONS PROGRAM A. Field Operations B. Resource Management Subprogram IV. PUBLIC AFFAIRS PROGRAM A. General Public Information and Outreach Subprogram B. Legislative, Funding, and Organizational Relations Subprogram C. Visitor Services Subprogram V. ADMINISTRATION PROGRAM A. Administration/Human Resources Subprogram B. Legal Services Subprogram i OPEN SPACE ACQUISITION PROGRAM Subprograms A. Negotiations and Special Projects B. Enterprise To Implement the BASIC POLICY OBJECTIVE: The District seeks to purchase or otherwise acquire interest in the maximum feasible area of strategic open space within the District planning areas, including baylands and foothills. The District seeks to link its open space lands with federal, state, county, and city parklands and watershed lands. General Program Emphasis for 1998-1999 The program's emphasis will be to acquire the higher priority projects funded under the District's Financing Authority. Lower priority properties will be pursued through long-term options, available grant funding, bargain sales and gifts. The District will continue to work with Peninsula Open Space Trust (POST) to acquire land and further the District's overall open space acquisition goals. The Enterprise Subprogram will focus on maximizing rental income consistent with Open Space Management policies and maintaining and improving District rental structures, as well as studying the removal of uneconomical and/or marginal structures consistent with Open Space Management policies. Staff Resources (Regular, full-time positions, unless otherwise indicated) Land Acquisition Manager (vacant position) Real Property Representative Real Property Assistant PROGRESS: The District acquired approximately 1,819 acres of open space lands during the 1998-1999 fiscal year including the 811-acre Arlie Land and Cattle property; the 173.5-acre POST (Corte Madera) property as an addition to the Windy Hill Open Space Preserve; the 188.26-acre Girdner property and 17.4- acre POST (Zabel) gift property as additions to Saratoga Gap Open Space Preserve; the 44-acre Aitken property as an addition to Russian Ridge Open Space Preserve; the 24-acre Grainger (former Sherrill) property as an addition to Monte Bello Open Space Preserve; the 29.61-acre Butler gift as an addition to El Corte de Madera Open Space Preserve; the 13-acre Weaver property addition to La Honda Creek Open Space Preserve; and the 160-acre Lindner property, 83.52-acre Faucher property, 41.66-acre Calvillo property, 14-acre Marini property, 26.66-acre Kelsey property, and 20-acre Marden property as additions to Sierra Azul Open Space Preserve. 2 1998-1999 Negotiations and Special Projects Subprogram Objective To provide for the acquisition of all real property rights necessary to secure a recreational and open space greenbelt in the foothills and baylands, including rounding out and improving public access to existing preserves and connecting District preserves with other public lands. Key Projects 1. New Land Commitments - Convert the budgeted funds in the New Land Commitments budget category into open space lands, at desirable prices, focusing on the higher priority properties, which specifically protect the greenbelt including rounding out and improving public access to existing preserves, connecting to other preserves or public lands, and furthering the completion of the Bay Area Ridge Trail and Bay Trail Systems. Balance the desirability of the potential acquisition with the availability of limited funds, including, if possible, private financing with favorable terms and obtaining trail easements. PROGRESS: • The District acquired the 24-acre Grainger (former Sherrill) property inholding as an addition to the Monte Bello Open Space Preserve. • The District acquired the 160-acre Lindner property and the adjacent 26.66-acre Kelsey and 20 acre Marden properties as additions to the Mount Umunhum area of Sierra Azul Open Space Preserve. • The District acquired the 41.66-acre Calvillo property and 83.52-acre Faucher properties as additions to the Cathedral Oaks area of Sierra Azul Open Space Preserve. 2. Pursue Key Acquisitions - To protect the scenic ridgeline at the District's northern boundary, pursue negotiations to acquire critical properties under threat of present or future development. In addition, work closely with POST on projects in this region including grant opportunities to acquire properties owned by POST. PROGRESS: • The District acquired the 173.5-acre former Corte Madera Associates property from Peninsula Open Space Trust (POST) as an addition to Windy Hill Open Space Preserve. The original Corte Madera Associates property was 204 acres and surrounded by the Windy Hill preserve. POST separately sold off a 23-and 7.5-acre parcel as private inholdings. This allowed the remaining 173.5 acres to be purchased by the District at the discount price of$79,500. • The District entered into a long term lease and option to purchase the 811-acre Arlie Land and Cattle Company property along Bear Creek Road on the west side of the Lexington Reservoir and Highway 17. The District also obtained an additional option to acquire the 3 adjacent 260-acre property along Bear Creek Road. This transaction will create the Bear Creek Redwoods Open Space Preserve. 3. Grants, Gifts, Bargain Sales and Joint Acquisitions - Because of severely limited acquisition funds, explore new grant opportunities, and focus on acquiring open space lands through bargain sales, and/or gifts where possible. Pursue the joint acquisition of appropriate properties with Santa Clara County Parks near the Lexington Reservoir and in Stevens Canyon. Continue to work closely with Peninsula Open Space Trust (POST) in their current "Campaign to Save Essential Open Space." PROGRESS: • The acquisition of the 44-acre Aitken property as an addition to the Russian Ridge Open Space Preserve was purchased on a Bargain Sale basis at $175,000 below its appraised value. • The District acquired the 188.26-acre Girdner property on a Bargain Sale basis and received a gift of the 17.4-acre POST (Zabel) property as additions to Saratoga Gap Open Space Preserve. • The District received a generous gift of the 29.61-acre Butler property as an addition to the El Corte de Madera Open Space Preserve. This property includes a dense redwood and douglas fir forest along the upper reaches of El Corte de Madera Creek. • The District acquired the 14-acre Marini property as an addition to the Kennedy-Limekiln area of Sierra Azul Open Space Preserve including a portion of the Bay Area Ridge Trail. This property is being submitted as part of the existing Environmental Enhancement Mitigation Grant for partial acquisition funding. 4. Alternative Acquisition Methods - Obtain Board approval on appropriate long-term options, at market prices or less, to acquire desirable properties that might be affordable in future years should the District be successful in obtaining additional funding for land acquisition. Explore various alternative terms of purchase (installment purchases, defeasible fee, etc.) to offer advantages and incentives to landowners, as well as cost savings to the District. PROGRESS: • The acquisition of the 44-acre Aitken property at Russian Ridge involved a reconfiguring the open space property to include a scenic ridge Line and potential trail corridor. The existing home site was increased from 4.5 acres to 6 acres subject to development restrictions. • The District acquired an undivided 1/4 interest in the 52.39-acre Sardi et. al. property as an addition to the Cathedral Oaks area of Sierra Azul Open Space Preserve. 4 1998-1999 Enterprise Subprogram Objective To manage all of the District's revenue-producing activities in such a way as to maximize income from enterprise accounts consistent with Open Space Management policies, incorporating compatible new programs when possible. Key Projects 1. Administer Enterprise Accounts - Administer rental accounts, communication and agricultural leases, consistent with open space management policies, to maintain and enhance revenue stream through competitive and current rate structure, effective maintenance programs and communication with tenants. PROGRESS: • The existing Sprint Lease at the PG&E tower located at Pulgas Ridge Open Space Preserve was amended to allow the District to enter into a separate communications lease with CellularOne at the same lease location. The initial annual rent with CellularOne is $12,000, increasing 5% annually thereafter. The combined rental income for CellularOne and Sprint at this site total over $35,000. • The District entered into a new Christmas Tree Farm Lease with the Ducca family at Skyline Ridge and Monte Bello Open Space Preserves for an additional 10 years. As part of the new lease, approximately 14 acres of the lease area is being eliminated to eliminate a siltation problem at Horseshoe Lake. 2. Maintain Rental Structures - Carry out maintenance and improvements to rental houses to keep buildings and grounds in a safe, sanitary, and attractive condition and to increase net rental income. Administer long term and reoccurring maintenance priorities on rental properties. PROGRESS: • The roofs for the Purisima Creek Ranger residence and Hosking barn apartment at El Corte Madera Open Space Preserve were replaced this year. The former Bean residence at Long Ridge Open Space Preserve was tented and fumigated for termites. 3. Administer Historic Leases - Oversee lease compliance and renovation requirements at historic Picchetti winery, Thornewood estate and Fremont Older house. Meet with Board committee to proceed with request for proposals for a long term historic tenant for the Thornewood residence. PROGRESS: • The Historic Picchetti Winery lease was assigned to Leslie Pantling and Thomas Kreidler. Ms. Pantling and Mr. Kreidler have secured the original Picchetti name for their new winery operation. 5 • Jim Steinmetz continues to improve the former Thornewood residence including the rebuilding of the rear balcony and stairs. 4. Assess Economic Viability of Rental Properties - Evaluate and make recommendations on the long-term and economic viability of maintaining District residential rental properties (former North, Sink, Barlow and Saratoga Gap cabins) including, if necessary, the disposition of structures consistent with Board policies. PROGRESS: • The Sink and Barlow residences at Sierra Azul Open Space Preserve were approved for demolition and site clean up helping to restore these areas of Mt. Umunhum to a natural condition. Other Projects and Activities 1. Pursue sale of term ownerships on a demand basis for long-term interest arrangements (estate for years, lifetime tenancy) for former Bean and Smith residences. If successful, this program will provide additional funding for land acquisitions. 2. Prepare annual rental surveys on District rental houses and Ranger residences. 3. Administer lease of additional office space at 330 Distel Circle. 4. Investigate new enterprise proposals as initiated by other groups or individuals that would be compatible with District goals and objectives. 5. Evaluate possible extension of Skyline tree farm lease in conjunction with use and management process. 6. Continue to evaluate the District's communication leases and renew in line with market rates. 7. Oversee FEMA/OES audit of FEMA grant repairs to District roads and trails damaged during the 1995 winter storms. Pursue full reimbursement on large repair projects. 8. Monitor existing agricultural and grazing uses in accordance with use and management process, including grazing at the former McDonald Ranch, La Honda Creek Open Space Preserve, and at Big Dipper Ranch, Skyline Ridge Open Space Preserve. 6 OPEN SPACE PLANNING PROGRAM Subprograms A. Advance Planning (including related Interdepartmental Support and Team Development) B. Current Planning (including related Interdepartmental Support and Information Systems) To Implement the BASIC POLICY OBJECTIVES: The District follows management policies that ensure proper care of the land that provide public access appropriate to the nature of the land, and that are consistent with ecological values and public safety. The District works with and encourages private and other public agencies to preserve, maintain, and enhance open space. The District protects and restores the natural diversity and integrity of its resources for their value to the environment, and the public, and provides for the use of the preserves consistent with resource protection. Program Emphasis for 1998-1999 Focus attention on advance planning efforts to help clarify and plan for the desired form and character of the District. This will be accomplished through coordinating physical planning studies with development of policies and procedures to help attain the desired outcome. Continue to make significant progress on additional work program projects in the areas of Interdepartmental Support, Planning Team Development, Information Systems, and Current Planning, including site planning and capital improvements. Staff Resources (Regular, full-time positions unless otherwise indicated) Senior Planner (1) Open Space Planner II (1) Open Space Planner I (2 both vacant) Planning Technician (2) Planning Secretary (half-time) PROGRESS: • Promoted Planning Technician to position of Open Space Planner I. • Assigned Open Space Planner II to Acting Senior Planner position. • Senior Planner and Acting Senior Planner served as co-leaders of the Planning Team. • Filled Planning Technician position in July. • Re-advertised Open Space Planner 1I position due to light response in first advertising effort. Filled position in August after successfully re-advertising position. 7 1998-1999 Advance Planning, Related Interdepartmental Supper, and Team Development Subprogram Objective Assist with the formulation, review, and refinement of policies, District-wide plans, and cost estimates for the management and development of District preserves on a regional or District-wide basis. Work with local agencies on joint planning and implementation projects, to share information, and to encourage planning decisions that support the preservation of open space and natural resources and development of regional trail systems. Key Projects 1. Regional Open Space Study Priorities - Study alternative medium-term acquisition and public access scenarios; determine preferences and priorities. Convert maps and data to GIS format to facilitate studies. PROGRESS: • The information on the Regional Open Space Study maps has been converted into GIS format. • An updated and improved financial analysis model was reviewed by the Board. The model illustrated the additional funding required to implement the envisioned greenbelt. 2. Trail Use Policy and Guidelines Review - Review and revise policies based on growing experience with trail use planning and Board concerns about preserving the wilderness experience. Includes an extensive public input and review process. PROGRESS: • Three scoping meetings were held with Board ad hoc committee. • Project will continue into next fiscal year with consultant assistance budgeted. • Staff scoping meetings and background research are underway. 3. Resource Evaluation Procedures - With the assistance of the Resource Management Specialist, develop and test methods of assessing resources and identifying needs and constraints. PROGRESS: • Developed two methods of vegetation mapping, which are being field checked. • Initiated Natural Resources Inventory project to develop baseline ecological data. • Completed assessment of stream-crossings at El Corte de Madera Creek Open Space Preserve. • Completed roads and trails assessment at Purisima Creek Open Space Preserve and made substantial progress on assessment at El Corte de Madera Open Space Preserve. Methodology to be considered for possible District-wide application. • Developed capabilities of GIS for use as key resource planning tool. 4. System for Land Use Decisions - This is a multi-year project. The first phase of this project involves preparation of a multi-year scope and schedule through a workshop format with staff and Board members. (This project is supported by projects 1, 2, and 3 above). 8 PROGRESS: • See progress under projects 1, 2 and 3, above. 5. Medium-Term Greenbelt Strategic Plan - This is a multi-year project. The first phase of this project involves preparation of a multi-year scope and schedule with staff and Board members. (This project is supported by project 1 above). PROGRESS: • Medium-Term objectives discussed at Management Team retreat in December, 1998, leading to staffing plan incorporated into fiscal year 1999-2000 budget proposal. • See progress under projects 1, 2 and 3, above. 6. Planning Team Organization - Implement staffing additions in response to two vacant Planner I positions. Formalize mentoring agreements, further improve the evaluation process, resolve team and individual roles and responsibilities, coordinate efforts with other District programs, and better organize team business and training. PROGRESS: • Filled vacant positions. • Hired consultant to assess team needs and provide necessary training and coaching to team members. • With consultant's help, clarified roles and responsibilities, developed a mission statement for the program, coached co-leaders. • Worked with team sponsors within management to bridge gap between team structure and hierarchical structure of other programs. • Team recommended returning to a hierarchical program structure with Senior Planner assuming position of Planning Manager, Acting Senior Planner assuming a permanent position as Senior Planner, and Open Space Planner I promoted to Open Space Planner II position. • Met with Operations staff to develop project coordination and tracking system. 9 1998-1999 Current Planning, related Interdepartmental Projects, and Information Systems Subprogram Objective Apply policies, prepare and implement plans and capital improvement projects on a site-specific basis, and respond to preserve use and management issues. Includes mapping, signing, and other public information services. Key Projects 1. Bridge Repair Projects - Repair or replace bridges to re-establish patrol and/or trail access. A. El Corte de Madera Open Space Preserve - Determine type of replacement bridge for Lawrence Creek Trail crossing, design, and obtain permits. PROGRESS: No action taken. B. La Honda Creek Open Space Preserve - Obtain permits, solicit bids and construct one (possibly two) vehicle bridge(s). PROGRESS: • A building permit was obtained for one vehicle bridge. • Bids were solicited and a contract was awarded. • Project was completed in October, 1998. C. Purisima Creek Open Space Preserve - Determine type of replacement bridge, if any; design, obtain permits as appropriate. PROGRESS: • An engineering geologist was retained to complete a road assessment and identify repair alternatives and costs. • A geotechnical engineer and a structural engineer were consulted to recommend an approach to repairing or reviewing the safety of the bridges along Purisima Creek Road and at Grabtown Gulch. • FEMA grant funding was secured for $100,000 to address the road repairs and $30,000 to address the Grabtown Gulch Bridge. • The Board selected a preferred approach for repair of the road and removal of the Grabtown Gulch Bridge. • The bridge at Grabtown Gulch was determined to be structurally sound and may be used to replace one of the bridges on Purisima Creek Road. • The Purisima Creek Road repairs are a key project for the fiscal year 1999-2000 Action Plan fiscal year. 10 2. Thornewood Open Space Preserve, Schilling Lake Dam Spillway Restoration and Landslide Repair - Obtain permits, solicit bids and construct a landslide and spillway repair project for the Schilling Lake spillway. An engineering study and plans were prepared during fiscal year 1997-1998. PROGRESS: • Permits were secured, bids were solicited, and the contract awarded in June, 1998. • The project was substantially completed by August, 1998 • A staff and volunteer group conducted revegetation project was completed in fall of 1998. 3. El Corte de Madera Creek Trail Use Plan and Implementation - Complete planning process for incorporation of Study Area 2 into the Trail Use Plan for the preserve. Implement priority trail closures and construction/realignments as outlined in the plan. PROGRESS: • The Trail Use Plan for Study Area 2 was adopted. • Some closures have occurred, others are underway. • Construction and realignments are planned for implementation during fiscal year 1999-2000. 4. Rancho Field Office Shop Building Seismic Upgrade -Retrofit existing shop building to improve structural integrity. Includes replacement of exterior siding, roof, and windows. Solicit bids and complete project. PROGRESS: No activity on this project. 5. Reynolds Road Ranger Residence- Establish a ranger residence on Reynolds Road to replace the ranger residence at the summit of Mt. Umunhum. May involve demolition of existing structures, obtaining permits, construction of a mobile or modular home on the site. PROGRESS: • Conducted a study of possible development sites within Mt. Umunhum area. • Obtained authorization to proceed with Hicks Flat site. • Continuing to pursue possibility of acquiring an existing developed site while proceeding with engineering studies to develop site with a manufactured home. 6. Soda Springs Parking and Trail Plan -Develop a plan for parking and a trail connecting the Soda Springs area to the Priest Rock Trail using funding available from the Environmental Enhancement and Mitigation, and Habitat Conservation Programs. PROGRESS: • On hold, pending completion of the acquisition component of the grant. 11 OPERATIONS PROGRAM Subprograms A. Field Operations B. Resource Management To Implement the BASIC POLICY OBJECTIVE: The District follows management policies that ensure proper care of the land, that provide public access appropriate to the nature of the land, and that are consistent with ecological values and public safety. General Program Emphasis for 1998-1999 Continue to provide responsible stewardship of all District lands by furnishing those public safety, maintenance, construction, and resource management activities necessary to protect and enhance the natural resources and insure safe and appropriate use of District lands. Implementation of Board- adopted Resource Management Policies and Trail-use Policies and Guidelines will continue to be the primary focus of the operations program. Staff Resources Operations Manager Area Superintendents (2) Support Services Supervisor Operations Analyst Resource Management Specialist Supervising Rangers (4) Secretary Rangers (12) Equipment Mechanic-Operators (2) Lead Open Space Technicians (2) Open Space Technicians (7) Farm Maintenance Worker 8,000 Seasonal Open Space Technician hours (6,000 regular, 1,500 special project, 500 Deer Hollow Farm weekend staff) PROGRESS: • An occupational hygiene survey was conducted to review safe work practices related to welding fumes and adequate hearing protection. • The contract with the City of Mountain View was renegotiated to extend terms of the radio dispatch agreement for five more years. 12 • Training was provided for the Equipment Mechanic Operators on trail building, including extended training on the operation of the SWECO trail-building machine. • The Mt. Umunhum staff residence was closed, due to concerns about the presence of lead-based paint, and the resident ranger relocated to a rental residence near Hicks Road and Camden Avenue. • New pit toilets were installed by staff at Russian Ridge, Skyline Ridge, Black Mountain campground and the Monte Bello Preserve parking lot. • Staff negotiated and implemented an agreement with Woodside Patrol to handle the opening and closing of the gates at the Windy Hill Parking area. • The draft Internal Affairs manual was completed and submitted to the Bargaining Unit for review. • Two staff members completed a semester-long class in database management and several old databases have been consolidated, converted to utilize modern database software, and re- engineered to conform to database management standards. • Staff worked with Los Gatos Disaster Action Response Team (DART) to arrange a clean up of graffiti utilizing high angle rescue equipment, at St Joseph's Hill. 13 1998-1999 Field Operations Subprogram Key Projects 1. Operations Program Review - Work with the staff of the Warner Group, the General Manager, and the Board ad hoc committee to complete the review and present the final report to the full Board. Insure participation of Operations Program staff in the program review process. Working with the General Manager, develop recommendations based on the findings of the program review for Board consideration. Implement those recommendations approved by the Board. Implement minor recommendations with the approval of the General Manager. PROGRESS: • The Final Report was submitted by the Warner Group, and accepted by the Board at the meeting of October 21, 1998. This meeting was a continuation of the meeting of September 28, 1999. • The Operations Program Review Ad Hoc Committee has continued working closely with staff to prioritize projects and begin implementation of recommendations. There have been four Ad Hoc meetings to date. There has been ongoing field staff involvement in this process. Two meetings were held in each field office and staff was sent materials to be considered by the Ad Hoc Committee, prior to the Committee meetings. • Specific accomplishments to date include: a. A report from the Ad Hoc committee recommending the hiring of two additional rangers and confirming the Board's decision to retain the current uniform and equipment and the decision not to arm the ranger staff was accepted by the Board. As a result, two additional ranger positions were approved and filled in the fiscal year. b. The publication of interim evening patrol procedures which increase staff safety and visitor service by providing additional staffing during the evening hours. c. The publication of a draft project list. The creation of this document included a strong component of staff involvement during several facilitated meetings at the field offices. Staff members that were not able to attend meetings were provided an opportunity to rank project priorities. 2. Interpersonal Communication SUM Development - Continue to build on the influencing skills training received by the entire staff in 1996 and 1997; assist in the training of influencing skills of all new employees; participate in the District-wide staff development and implementation of interpersonal communication performance standards; implement agreed- upon improvements to the employee performance evaluation process, and continue to provide leadership and supervision training to supervisors as necessary to facilitate the completion of these tasks and enhance the overall quality of supervisory skills within the program. PROGRESS: • All staff members hired since the completion of the initial influencing skills training, received the training from Art O'Neal in September. Santa Clara County Parks Deputy 14 Director Allan LeFleur also attended the training to assess the potential of providing the training to County Park staff. • District-wide team agreements were developed by a combined field and office staff committee and introduced to staff using a staff produced low-budget video production. All new staff members are being subjected to the video and a brief overview of influencing skills. District- wide team agreements are now recognized by staff as the standard to guide their interpersonal interactions with others. • Draft supervisory performance standards have been developed by a committee consisting of office, field supervisors, and non-supervisory staff members. A staff-wide review process is underway. These standards should be completed and implemented by mid-summer. 3. Operations Manual Update - Revise operations manual to include Open Space Technician, Lead Open Space Technician, and Equipment-Mechanic Operator positions. Update ranger sections to include new procedures not yet formally placed in document. Develop standing orders system to draft, review, and implement directives not included in the operations manual. Revise procedures based on approved recommendations of the Operations Program Review. PROGRESS: • A system to draft, review and implement directives has been considered and approved by the supervisors group. • An update to the 1980 Animal Control Policy was completed and added to the Operations Manual. • The Operations Program Review and other projects have taken up more staff time than was anticipated and thus there has not been as much progress on this project as was hoped. This project remains a priority with staff and strong efforts will be made during the 1999/2000 fiscal year to make more substantive progress on it. 4. Restoration and Mitigation of Off-trail Impacts of Public Use - Close and restore existing undesignated trails and shortcut trails. Increase efforts to prevent the establishment of undesignated trails. Mitigate natural resource impacts and improve alignments of existing trails to minimize erosion. Work to insure visitor compliance of restoration area closures. PROGRESS: • A field staff committee developed recommendations on barrier construction standards to block undesignated trails, sign format and wording for closure signing and restoration methods to address resource impacts of past use. Construction and signing recommendations have been approved and implemented. An outline of restoration methods is currently being developed in conjunction with the resource management specialist. • Field staff has made the closing and restoration of undesignated and shortcut trails a high priority this past year. The implementation of high-profile closures, such as the Moody Trail at Sierra Azul OSP and various closures at El Corte de Madera OSP, have resulted in an increase in vandalism to the barriers and signing associated with the closures. Repair and replacement of vandalized barriers and signs have been costly and time-consuming, although not completely unanticipated given the nature of the closures undertaken this year. 15 1998-1999 Resource Management Subprogram Objective Inventory and analyze the state of natural resources District-wide and on specific preserves to identify needs and priorities for significant management issues. Use the availability of volunteers and consultants to expand District staff capabilities. Develop general procedures and strategic implementation plans for the resource management subprogram. Establish a network with other agencies, local authorities and specialists in the field. Key Projects 1. Grassland management implementation plan - Develop a set of management guidelines to control yellow starthistle and encourage native species. Tasks for this fiscal year at Russian Ridge Open Space Preserve include: coordinate a prescribed burn of roughly 80 acres with California Department of Forestry; continue experiments with treatment methods; monitor areas treated last year; and establish restoration sites to begin native species plantings. PROGRESS: • A prescribed burn of approximately 80 acres was conducted injunction with the California Department of Forestry and Fire Protection, and goats were utilized to graze 10 acres, for the second consecutive year. The areas that were treated last year were monitored and Yellow starthistle was found to have been reduced by 25-30% in all treatment plots. Restoration sites have been established and seeded with 23 different native species. 2. Watershed assessment - Establish objectives and long-term goals for watershed management. Develop criteria for habitat protection and repair and maintenance of roads and trails. Initiate a monitoring program incorporating staff and volunteers in which the findings will be integrated into the interdepartmental system for mapping resource inventories. PROGRESS: • A study was completed at El Corte de Madera and a report entitled "stream habitat observation at trail-stream crossings," was produced. Through this study it was determined that barriers to fish migration, and in-stream and above-stream cover, are the most crucial elements of fish habitat to evaluate and monitor. • A photo-monitoring program is being initiated, which will involve field staff, who will perform on-site verification. 16 3. System for mapping resource inventory - Inventory and record key flora, fauna, natural features and biotic communities especially focusing on rare and endangered plant and animal species. Coordinate with planning to develop a base map and database system to record and display resource information. Compile all known information, and solicit information from experts in the field and other agencies. PROGRESS: • A base vegetation map and database system have been developed to record and display resource information. • A contract is being prepared to hire a consultant who will field check vegetation maps, and inventory amphibians, on District lands during the next fiscal year. • Information from various sources, such as District files, docents and other agencies is being compiled to establish baseline information. 17 PUBLIC AFFAIRS PROGRAM Subprograms A. General Public Information and Outreach B. Legislative, Funding, and Organizational Relations C. Visitor Services To Implement the BASIC POLICY OBJECTIVE: The District educates and makes clearly visible to the public the purposes and actions of the District, and actively encourages public input and involvement in the District's decision- making process and other activities. General Program Emphasis for 1998-1999 Maximize the general public's awareness and understanding of the District, its goals, and its activities, by reaching all communities served and all other target audiences with District information through a variety of means and methods; implement the top priorities of the District's legislative plan; increase environmental education and volunteer participation. Staff Resources (Regular, full-time positions unless otherwise indicated) Public Affairs Manager Visitor Services Supervisor Volunteer Coordinator Docent Coordinator Public Affairs Assistant Interpretive Aide (Nature Center)* *The interpretive aide position is seasonal, and approximately quarter-time 18 PROGRESS: • A total of 12 slide presentations were made to a wide variety of professional groups, service clubs, and other interested organizations. • Seven displays were set up and staffed, utilizing the District's Community Outreach Volunteers, reaching thousands of District constituents. • The addresses on the District's general mailing list now total nearly 19,000. The mailing list was transferred to a new application for improved list management. • A total of 16 news releases were distributed resulting in a substantial level of media coverage. In addition, certain stories such as the wild turkeys at Rancho San Antonio, were generated from other sources (a newsletter article in this case) and resulted in significant news coverage. • A record number of site brochures were distributed either at the preserves, in the administrative office, through the mail, or at District displays and presentations. A total of 127,000 site brochures were printed during the 1998-1999 fiscal year. • The District's interpretive programs reached an estimated 10,000 people, through docent hikes, the Spaces and Species program, and drop-ins at the Nature Center. • The District (co-hosting with East Bay Regional Park District) successfully implemented the 1998 Special Districts Forum. General Public Information and Outreach Subprogram Objective To generate additional support among the general public for completing the greenbelt by increasing the positive perception and awareness of the District's mission, objectives, accomplishments, programs, and effective management of public lands and financial resources. Key Projects 1. Kids' Art of Open Space - Schedule and coordinate the fifth event to take place no later than March 31, 1999. PROGRESS: • Partly due to the departure of the key liaison person at the Community School of Music and Arts (CSMA), it has been decided to cancel the event for at least one year, re-focus the event's objectives, and develop a new type of event that reaches a similar audience, either with or without CSMA participation. • One brain-storming session has been held, with staff representing each program, to determine the type and scope of a future event. 19 2. Review of District Graphic Image - Review the District's overall graphic image, including letterhead, newsletter masthead, and District logo, make recommendations for revisions and improvements, and implement any changes by March 31, 1999. PROGRESS: • Staff met with a design consultant to review the District's materials and graphic image, analyze them for consistency, aesthetic appeal, usefulness, and recognition. The project has been postponed pending the annexation process, and the possible resulting change in scope of the District's graphic image. 3. Annual Report - Publish a District 1997-1998 Annual Report by May 29, 1998, followed by three regular issues of Open Space Views. PROGRESS: • The Annual Report and newsletters were completed and distributed on time to the main District mailing list. • The graphic design of the annual report and newsletter were updated and received a favorable response from the public. 4. Community Outreach Volunteers - Fully implement a program of selecting and training volunteers to staff District displays at community events, by March 31, 1999. PROGRESS: • The Community Outreach Volunteer (COV) program was successfully completed ahead of schedule, and the volunteers were successfully utilized for several events during the spring and summer of 1998. • Evaluations of the program and of the events were completed by the COVs and collected by staff, and used to improve the elements of the program. • The program is in place and on schedule for the current fiscal year. Legislative, Funding, and Organizational Relations Subprogram Objective To carry out the high priority elements of the District's legislative plan and to inform other public agencies and private organizations about the District's activities and goals. Key Projects 1. Coastal Preservation Effort -Work with the general manager and an Ad Hoc Committee of the Board toward a possible proposal for District expansion to the San Mateo County coast, and all related tasks and activities to include possible funding measures. PROGRESS: • A number of Board reports, resolutions, and news releases were prepared by Public Affairs, two community meetings set up and staffed, and a great deal of correspondence written on this issue. 20 • Public Affairs staff also responded to numerous public inquiries, and assisted with research into the coastal issues. • Public Affairs coordinated the June, 1998 public opinion poll, the results of which assisted the Board in its decision-making process regarding an advisory ballot measure. • Ad Hoc Committee meetings were staffed by Public Affairs. 2. Funding for Mount Umunhum Clean Up - Develop and implement a legislative strategy to obtain Federal funding toward clean up of the former Almaden Air Force Station at Mount Umunhum in the Sierra Azul Open Space Preserve. PROGRESS: • U.S. Representative Tom Campbell was taken on a tour of the Mt. Umunhum facilities, and he expressed an interest in assisting the District. • U.S. Senator Barbara Boxer's office was contacted regarding its work several years ago in obtaining Federal funding for clean up of Mt. Tamalpais. Her staff indicated that the Senator would be willing to assist the District. 3. Other Lobbying Efforts -Work with the general manager and the District's Sacramento lobbyist to preserve current and future state funding for the District, and to carry out elements of the District's legislative plan. PROGRESS: • The District was able to obtain two extensions to a State Environmental Enhancement and Mitigation Program (EEMP) grant. • A $350,000 funding line-item was put before then-Governor Wilson to implement elements of AB 1366 (vetoed). • With its lobbyist, the District tracked and took a position on a number of key bills with potentially significant implications. By the end of the session, most bills in which the District had an interest (both favorable and unfavorable) were either vetoed or defeated in the legislature. • The District participated in two conferences sponsored by Americans for our Heritage and Recreation (AHR), at which various efforts and strategies to obtain full funding for the Federal Land and Water Conservation Fund (LWCF) were discussed. The District, either directly or through the Bay Area Open Space Council, expressed support for full funding of the LWCF to Federal legislators. In the most recent Federal session it was not fully funded, and there was no State-side funding at all. More recently, President Clinton expressed his intent to pursue near-full funding for LWCF, including state-side dollars. The AHR continues to keep the District and other stakeholders informed of the status of their efforts, and what local agencies can do to express support at the Federal level. Senator Barbara Boxer and Congressman George 21 I Miller held a press conference on February 22, 1999, to announce their program to fully fund the Land and Water Conservation Fund. The District will be participating in an AHR conference in June to further explore strategies for developing this fund. 4. Protection Of District Funding - Work with Fast Bay Regional Park District to provide for long-term protection of District funding, including possible modification of appropriate Public Resources Code sections. PROGRESS: • East Bay Regional Park District, as the lead agency on this issue, has not moved forward with legislation on this issue. 5. Regional Funding - Work with the Bay Area Open Space Council, San Mateo County, the Planning and Conservation League, and others to develop and support potential regional or other alternative funding mechanisms. PROGRESS: • The District was very involved in developing the most viable potential funding tool, the Bay Area Program, via SB 1048. There are currently four pieces of legislation proposing a parks and wildlife bond measure for the year 2000 general election. The District will support these bills, either as an agency or through the Bay Area Open Space Council. Visitor Services Sub"ro,gram Objective To encourage active public participation in the maintenance, restoration, and protection of the District's natural resources, and provide cultural, historical, and environmental education opportunities to the public. Key Projects 1. Kids' Nature Express - Develop funding to be used for District transportation assistance for schools utilizing the Outdoor Education program at the Nature Center. PROGRESS: • Funds have proven difficult to raise for this project. Sufficient donations have been received for only one bus so far; the District continues to seek outside funding for this program. 2. 1998 Special Districts Forum - Work with East Bay Regional Park District and Open Space District staff in planning and implementing the 1998 Special Districts Forum, which the District will co-host with East Bay. PROGRESS: • The District successfully implemented its portion of the Forum. 3. Environmental Education - Continue to implement and improve the District's environmental education program for school children. Recruit and train additional outdoor education leaders to 22 accommodate more school groups. Investigate methods of providing disadvantaged school classes with transportation to the field trips at Skyline Ridge. PROGRESS: • The Spaces & Species program has shown great success, bringing approximately 2,100 school children to the Nature Center. The schedule fills up very quickly, and we consistently have a waiting list. Teachers have given much positive feedback. • A total of 16 outdoor education docents (formerly leaders) have been trained to implement the Spaces and Species program. • As noted in Key Project #1 above, funding for the Kids' Nature Express transportation project continues to be sought from outside sources. 4. Daniels Nature Center - Work with planning staff to finalize design and installation of exhibits. Develop and set up seasonal and temporary displays. Recruit and train volunteers to staff the nature center at least one weekend day per week, and hire a seasonal employee to assist in meeting staffing needs. PROGRESS: • Interior exhibits are complete; exterior exhibits are expected to be completed during spring, 1999. The center's schedule has been expanded to include both Saturdays and Sundays. • Excluding school groups, an estimated 2,000 "drop-in" visits were made to the Nature Center during the last fiscal year. 5. Crew Leader Training - Implement the crew leader training program for Preserve Partners volunteers. PROGRESS: • A total of 12 Volunteer Crew Leaders have completed the District's training program. These Crew Leaders assist District staff in leading outdoor volunteer projects such as trail construction and repairs, fencing, tree planting, non-native vegetation removal, and other preserve restoration projects. • As a result of this program, only one field staff member is now assigned to most volunteer projects, thus reducing the impact to weekend field staffing and increasing the number of outdoor projects we offer to District volunteers and Special Groups, including schools, churches, clubs, local companies, and other volunteer organizations. • Last year, the District organized and completed 42 projects, including three California Trail/Earth Day events. 23 ADMINISTRATION PROGRAM Sub"rograms A. Administration/Human Resources Subprogram B. Legal Services Subprogram To Implement the BASIC POLICY OBJECTIVE: The staff administers the affairs of the District on behalf of the public so as to maximize accomplishment of the goals of the District within existing financial and other constraints. General Program Emnhasis for 1998_1999 Instill vision and provide leadership to foster staff participation and activities to carry out the District's short and long-term goals and objectives. Guide and support the District-wide effort to develop and improve leadership, supervisory, and interpersonal communication skills among all staff in order to enhance the District's work environment. Maintain the District's viability as an open space acquisition and management agency in light of limited funding. Staff Resources (Regular, full-time positions unless otherwise indicated) General Manager Legal Counsel (two-thirds time) Controller (one-quarter time) Administrative Services Manager/District Clerk Senior Management Specialist Research Attorney Administrative Analyst Office Manager/Secretary to the General Manager Accounting Specialist Secretary (one-half time) Receptionist 24 1998-1999 Administration/Human Resources Subprogram Objective: To provide overall coordination, direction, and administrative base for all District activities so as to maximize the accomplishment of the Board's policies and directives, to implement the Action Plan, and to maintain the District's viability as an open space acquisition and management agency. Key Projects 1. District Funding - Work to preserve current and future state funding for the District. Continue to provide multi-year information/scenarios on District's long-term finances, including bonded indebtedness and cash flow, and to address the need to rely on the availability of grant funds for major development projects. Pursue alternate sources to secure additional funding to meet acquisition and open space management needs, including, if needed, a 1998 note issue for critical open space acquisitions. PROGRESS: • District Controller M. Foster has provided the Administration and Budget Committee with a monthly investment and security transaction report. District funds were deposited with the County of Santa Clara for the entire year. • The Administration and Budget Committee had reviewed the long-term financial projections, including bonded indebtedness capacity, and determined that a 1998 note issue was necessary and advantageous, given the low market interest rates. Accordingly, the District actually sold a 1999 Revenue Bond issue through the Midpeninsula Regional Open Space District Financing Authority, a Joint Powers Agency between the District and the County of Santa Clara. The total issue was approximately $30,000,000, which included a refunding of prior, higher interest rate Notes, and produced approximately $21,500,000 in new funds for land acquisition. • The District kept a strong presence in Sacramento and there was no threat to the District's share of the property tax revenue as a part of the state budget deliberations. In fact there was a request for $350,000 as a part of the State budget process; however, it was "blue- lined" by the governor, and was even resubmitted in the form of a veto restoration appropriation, but was again deleted by the governor. On a brighter note, it does appear that a State Park Bond Act may be headed for the ballot, the first legislative Park Bond Act since 1984. • The District continued to work with the Bay Area Open Space Council (BAOSC) to permanently fund the Bay Area program of the State Coastal Conservancy (BAOSC sponsored based upon District brainstorming), and it now looks like the best source of immediate funds will be a State Park Bond Act. We are still working with BAOSC on a more permanent source of funds for this program. 25 • The District was very successful with grants this year, including: a $200,000 grant from the Packard Foundation for the Coastal Annexation process; a Save-the-Redwoods grant of $400,000 for acquisitions in the Slate Creek area of Long Ridge Open Space Preserve; a Recreation Trails grant in the amount of$72,000 for the Bay Area Ridge Trail staging area in the Hicks Road area of Sierra Azul Open Space Preserve (this was a cooperative effort with Santa Clara County Parks); and a Habitat Conservation Fund grant (State) for the Lobitos Creek Headwaters acquisition project adjacent to Purisima Creek Redwoods Open Space Preserve in the amount of$325,000. • One of the District's Environmental Enhancement and Mitigation (EEMP) grants was extended legislatively as facilitated by the District's legislative Advocate. Since that time, the District has successfully acquired the Marini property in the Sierra Azul Open Space Preserve, which includes a segment of the Bay Area Ridge Trail system and brings us closer to completion of these transportation grant projects. 2. Human Resources - Work with all programs to develop and improve leadership, supervisory, and interpersonal communication skills to enhance the overall quality and effectiveness of the District's work environment. Carry out District's personnel and labor relations functions. Continue updating District's "Personnel Policies and Procedures Manual"; provide advice regarding revision of internal affairs, discipline and grievance policies pursuant to Memorandum of Understanding with Local 715. Enhance organizational effectiveness through increased communications, staff meetings, training seminars, and team building activities. PROGRESS: • As part of the continuing efforts to improve leadership, supervisory, and interpersonal communication skills for all employees, a staff committee comprised of representatives from each work group compiled and finalized the District-wide team agreements. These agreements serve as a guide for appropriate interactions among all staff. Following completion of the team agreements, another staff committee began work on the development of performance standards for supervisory and management employees. These performance standards will apply to all management and supervisory employees, and they emphasize the leadership and interpersonal aspects of management and supervision. Lastly, consultant Art O'Neal was brought in to present the three-day influencing skills training to new staff members who have joined the District since the time of the original training in 1997. • Administration staff facilitated the hiring process for several full-time regular positions, including Docent Coordinator, Research Attorney, Planning Technician, Open Space Planner II, and three Rangers. We also hired six seasonal open space technicians, one seasonal interpretive aide, and two temporary farm maintenance workers. The hiring process is underway to fill the current Planning Technician, Land Protection Specialist, Operations Manager, Planning Secretary, and half-time Network Specialist position vacancies. • In accordance with a side letter agreement with SEIU Local 715, contract negotiations were re-opened to review grievance procedures, evaluations and merit pay, and disciplinary procedures. These matters are still pending. 26 • Staff training included ergonomics training for employees and supervisors, and a seminar on creativity through CONCERN employee assistance program. • Administration staff provided leadership in planning and implementing various staff events, including the Board's annual staff recognition event and a variety of fun committee activities. • The safety committee continues to meet once per month to review and discuss safety issues. • The staff newsletter ("The Insider") was completely revamped and upgraded and was issued on average every four to six weeks. 3. Elections - Coordinate necessary election services and activities for Wards 1, 2, 5, and 6, including an informational meeting with candidates, if appropriate. PROGRESS: • Administration staff facilitated the election process for Wards 1, 2, 5, and 6. Eleven people took out papers, and six people filed papers. The incumbents in Wards 1, 2, and 5 were unopposed; the incumbent in Ward 6 defeated two challengers. Staff also facilitated the appointment process for the vacancy in Ward 4. 4. Coastal Expansion - Develop and carry out a specific action plan as approved by the Board for potential expansion of the District's boundaries to include coastal lands in San Mateo County. PROGRESS: • The District applied for and was awarded a $200,000 grant from the David and Lucile Packard Foundation for the purposes of continued research, polling, mapping, and other tasks related to the District's proposal for annexation. This grant enabled the District to proceed with the work necessary to provide the Board with information on which to base a decision on a number of critical-path items, particularly the advisory measure and the hiring of a consultant team. • Staff developed and the Board finalized language for an advisory measure designed to determine the coastside voters' opinion of whether the District should annex the coast. Staff also carried out the necessary technical aspects of placing a measure on the ballot. • After the positive vote on the advisory measure, staff interviewed and recommended 2M Associates as the prime consultant to handle many of the technical tasks of annexation, including coordination of the coastal advisory committee, production of a service plan, and development of the appropriate environmental documentation. The consultant works closely with planning staff as well as legal staff, both of which have been very involved in their own aspects of the annexation, including map production, stakeholder contact, LAFCO- required documentation, and many other tasks. 27 • Staff worked closely with the ad hoc committee to bring together the coastal advisory committee, and to help the consultant develop an overall schedule and work plan for the committee. In addition, staff attends each committee meeting and provides technical support, background information, response to questions, and other tasks. 28 1998-1999 Legal Services Subprogram Objective To provide timely legal services to the Board and to all District programs to assist in formulating and implementing District policies and projects in accordance with law. Key Projects 1. Real Property - Provide legal advice concerning District real property, including acquisition, disposition, title and encroachment issues, permits to enter District land, and road maintenance issues. PROGRESS: Provided research an legal advice regarding the following principal projects to date: • Acquisitions: Preparation of option and purchase agreements and related documents for acquisition of Arlie Land & Cattle Company property. • Encroachments: In conjunction with outside counsel, prosecuted MROSD v. Esperson- R�lrin ues litigation regarding tree-cutting at Thornewood Open Space Preserve; settlement of MROSD v. Ireland litigation regarding encroachment at Sierra Azul Open Space Preserve; represented District in litigation concerning encroachment caused by grading on Diesel property upon Saratoga Gap Open Space Preserve (People v. Diesel). • Easements: Represented District in easement litigation arising out of Portola Park Heights Road at Long Ridge Open Space Preserve (Obermayer et al. V. MROSD) and roadway easement litigation at Thornewood Open Space Preserve (Richard v. MROSD). Work continued on potential Bay Trail NASA segment. Provided legal research concerning claims of a private prescriptive easement over the Windy Hill Open Space Preserve and the Slobe Road Maintenance Agreement. 2. Risk Management - Process and monitor current claims and litigation against the District for personal injury or property damage; refine risk management procedures; represent District's interests in insurance coverage matters; provide oversight of matters handled by outside counsel. PROGRESS: Represented District in coverage issues in conjunction with Richard & Picha litigation to protect District's right to defense and indemnity by District's current insurance carriers. Monitored and provided oversight of matters handled by outside counsel. 3. Human Resources - Assist in carrying out labor relations functions; serve as chief negotiator on District's bargaining team; provide legal advice on personnel matters; assist in revising and updating District's "Personnel Policies and Procedures Manual"; provide advice regarding 29 i revision of internal affairs, discipline and grievance policies pursuant to Memorandum of Understanding with Local 715. PROGRESS: • Developed amendments to current Memorandum of Understanding with Local 715 regarding grievance, discipline and evaluation procedures and conferred with Local 715 (this issue is pending). Negotiations regarding draft internal affairs policy for investigation of citizen complaints concerning District personnel pending, pursuant to side letter with Local 715. • Research Attorney recruitment and hiring process completed. 4. Coastal Expansion - Provide advice concerning legal requirements applicable to potential annexation or expansion and potential related ballot measures. PROGRESS: • Provided legal advice to Board Ad Hoc Committee, staff, Board and Coastal Advisory Committee regarding potential coastal annexation, consultant contracts, and related legal issues. Other Projects and Activities 1. Continue to provide legal research concerning historic parcels and chain of title to assist in resolving real property issues or in support of planning and acquisition projects. 2. Provide advice concerning legal requirements applicable to public agencies such as the Brown Act, conflict of interest, election law and the California Environmental Quality Act. 3. Assist programs in bidding process and contract administration for public works and professional services contracts. 4. Prepare and review District legal documents such as contracts, resolutions, and leases. 5. Represent District's legal interests in relation to other government agencies. 6. Advise District on court rulings and legislation affecting the District and on legislation proposed by the District. 30 Regional Open ace r MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-99-74 Meeting 99-12 May 12, 1999 �_ AGENDA ITEM AGENDA ITEM Authorize Payment in an Amount Not to Exceed $25,000 To the Firm of Irvine& Cooper for Legal Services In Connection with Midpeninsula Regional Open Space District v Esperson- Rodrigues Development Company, et. al. DISTRICT LEGAL COUNSEL'S RECOMMENDATION 4�P% Authorize the payment for legal services to the firm of Irvine& Cooper in an amount not to exceed $25,000. DISCUSSION: In June 1998, the District filed a lawsuit against Esperson-Rodrigues Development Company and other defendants to recover monies for damage caused by unauthorized and significant tree- cutting and grading which took place on the District's Thornewood Open Space Preserve. As a result of damage caused by the defendants, it will be necessary to revegetate and restore the site. Two defendants have appeared and are represented by counsel provided by their insurers. Other defendants have failed to answer and default judgments have been taken against them. The litigation has entered the discovery phase, with depositions of witnesses and production of documents scheduled for both sides. To handle this matter, District Legal Counsel has been working with the Palo Alto firm of Irvine& Cooper, who are litigation specialists qualified and experienced in handling this type of litigation. Costs and attorney fees have, at this point, neared the General Manager's authority of$10,000 and, therefore, District Legal Counsel requests approval of an additional amount, not to exceed $25,000, to continue prosecuting this case. District Legal Counsel will return to the Board when and if future authorization for additional legal services is needed. Prepared by: Susan Schectman, District Legal Counsel Contact person: Same as above 330 Distel Circle - Los Altos, CA 94022-1404 - Phone: 650 691-1200 FAX: 650-691-048 5 - E-mail: mrosd(l openspace.org - Web site:www.ol)ensl)a(e.org Board of Oirec tots:Pete Siemens,Mary C. Davey,Jed Cyr, Deane Little, Nonette Kinko, &°t,V Crowder',Kenneth C. Nit/ - General Mana,xr.1_ Craii;Rrittmt Regional Open , ace MIDPENINSULA REGIONAL OPEN SPACE DISTRICT R-99-72 Meeting 99-12 May 12, 1999 AGENDA ITEM 9 AGENDA ITEM Attendance of Director K. Nitz at the Special Park Districts Forum Hosted by Hamilton County Park District ASSISTANT GENERAL MANAGER'S RECOMMENDATIONi Authorize Director Nitz to attend the Special Park Districts Forum hosted by the Hamilton County Park District in Cincinnati, Ohio at a projected cost of$1,500. DISCUSSION The Special Park Districts Forum will be held from June 10 through June 13 in Cincinnati, Ohio. The Forum is a conference of park and recreation districts from throughout the United States and Canada. It brings together approximately 300 elected and appointed park and recreation officials, managers, and staff for four days of information sharing, land and facility tours, and discussion of management issues and "best practices." District staff and Board members have attended the Special Park Districts Forum in past years and found the conferences to be educational, informative, and beneficial to the conduct of District business. The District co-hosted the 1998 Special Park District Forum with East Bay Regional Park District. The registration fee for the conference is $340. Total projected expenses, including registration, airfare, and lodging are approximately $1,500. Funding for a Board member to attend this conference is included in the fiscal year 1999-2000 budget. Prepared by: M. Smith, Public Affairs Manager Contact person: J. Escobar, Assistant General Manager 330 Distel Circle • Los Altos, CA 94022-1404 m Phone:650-691-1200 FAX: 650-691-0485 . E-mail: mrosdrropenspace.org e Web site:www.openspace.org Board of Oirector,:Pete Siemens;,Mary C. Davev,led Cvr, Deane Little, Nonette Hanko,Retry Crowder,Kenneth C. Nit/ -General Manmt;er:C Craig Britton Claims No. 99-09 Meeting 99-12 Date: May 12, 1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 6063 26.65 Arne' Sign & Decal Co., Inc. Signs 6064 45.58 AT&T Telephone Service 6065 729.30 Bailey's Winch 6066 44.50 Barron Park Supply Co. Plumbing Supplies 6067 133.79 Bowerman Electric Distel Building Electrical Repairs 6068 43.00 Brian Kangas Foulk Teague Hill Engineers 6069 70.09 Dick Bruhn Uniform Supplies 6070 90.00 Jane Buxton ROSS Study Consultant 6071 59.99 Cabelas Uniform Supplies 6072 209.54 Compurun Computer Repair 6073 623.41 Costco Janitorial &Office Supplies 6074 34.00 DMV Class A Drivers License-C. Beckman 6075 253.59 Forestry Suppliers, Inc. Safety Supplies 6076 604.80 Foster Bros. Security Systems, Inc. Keys & Padlocks 6077 29.72 G & K Services Shop Towel Service 6078 907.47 Gardenland Power Equipment Field Supplies 6079 43.05 Goodyear Tire Center Tire Repair 6080 97.40 GTE Wireless Cellular Phone Service 6081 1,000.00 Grant Thornton LLP Auditors Deposit 6082 1,442.58 Howard Rome Martin & Ridley LLP Obermayer Vs MROSD- Legal Services 6083 160.58 Jodi Isaacs Vehicle Expense 6084 607.20 Jobs Available Inc. Recruitment Advertisement 6085 180.00 Jobs in Government Recruitment Advertisement 6086 390.00 Job Trak Recruitment Advertisement 6087 255.00 Kangas Attorney Services Esperson-Rodriquez Vs MROSD-Legal 6088 291 A6 Los Altos Garbage Company Dumpster Service 6089 411.75 Lucent Technologies Phone Installation Service Agreement 6090 63.09 MCI Worldcom Telephone Long Distance Service 6091 163.02 Marin Supply Company Restroom Supplies 6092 540.00 Marie McGough Accounting Consultant 6093 5,612.29 MetroMobileCommunications Radios and Radio Repairs 6094 695.00 Micro Accounting Solutions Computer Consulting Services 6095 310.86 Minton's Lumber&Supply Field Supplies 6096 158.35 Moffet Supply Restroom Supplies 6097 225.00 Monster.Com Recruitment Advertisement 6098 954.35 Mountain View Garden Center Field Supplies 6099 4,011.05 Noble Ford Tractor, Inc. Tractor Parts and Repair 6100 33.63 Office Helper Products Office Supplies 6101 246.12 Pacific Bell Telephone Telephone Service 6102 13.45 City of Palo Alto Utilities Black Mountain Utilities 6103 176.03 Peninsula Blueprint Copy Service 6104 439.81 Pine Cone Lumber Co., Inc. Lumber& Bolts 6105 606.94 PIP Printing Newsletter, Map& Letterhead Printing 6106 674.63 Portola Park Heights Property Owner's Asso Slate Creek Road Agreement 6107 55.91 Precision Engravers Name Tag Printing 6108 1,000.00 Tom Randall Rental Agreement Page 1 Claims No. 99-09 Meeting 99-12 Date: May 12, 1999 Revised MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 6109 8.66 Roberts Hardware Hardware 6110 2,020.02 Roy's Repair Service Vehicle Maintenance& Repair 6111 762.40 San Francisco Newspaper Agency Recruitment Advertisement 6112 649.80 San Jose Mercury News Recruitment Advertisement 6113 1,000.00 Saratoga Springs Staff Recognition Event Deposit 6114 315.36 Shell Oil Company Fuel 6115 269-96 Signs of the Times Signs 6116 -++7-ft Skyline County Water District Water Service 107.02 6117 77.63 Skywood Trading Post Fuel 6118 2,997.45 Summit Uniforms Uniforms 6119 150.75 Swift Attorney Services Process&Courier Service 6120 60.00 Terminix International Pest Control Service 6121 112.50 Transworld Media Group Recruitment Advertisement 6122 8,087.40 2 M Associates Consulting Services-Annexation 6123 3.57 Union 76 Fuel 6124 9.57 *1 UPS Parcel Post Service 6125 7.08 *2 UPS Parcel Post Service 6126 973.79 Verio Pacific Internet Installation&Service Provider 6127 97.65 Doug Vu Vehicle Expense 6128 179.67 West Group Payment Center Legal On-Line Service 6129 116.87 Michael Williams Vehicle Expense 6130 200.00 Woodside& Portola Private Patrol Secure Gates-Windy Hill Parking Lot 6131 204.80 The Workingman's Emporium Uniforms 6132R 27.50 Federal Express Express Mail 6133R 71.90 Home Depot Field Supplies 6134R 309.53 Kinko's Copy Service 6135R 88.01 Langley Hill Quarry Trail Materials 6136R 328.25 Merwin Mace Acquisition Consultant 6137R 1,399.67 Orchard Supply Hardware Field Supplies 6138R 1,577.07 Portola Park Heights Property Association Road Dues 6139R 9.57 *3 UPS Parcel Post Service 6140R 600.00 W. J. Sorich Enterprises Road Dues *1 Urgent Check Issued April 28, 1999 *2 Urgent Check Issued May 03, 1999 *3 Urgent Check Issued May 12, 1999 Total 47,587.43 Page 2 Claims No. 99-09 Meeting 99-12 Date: May 12, 1999 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 6063 26.65 Arne' Sign & Decal Co., Inc. Signs 6064 45.58 AT&T Telephone Service 6065 729.30 Bailey's Winch 6066 44.50 Barron Park Supply Co. Plumbing Supplies 6067 133.79 Bowerman Electric Distel Building Electrical Repairs 6068 43.00 Brian Kangas Foulk Teague Hill Engineers 6069 70.09 Dick Bruhn Uniform Supplies 6070 90.00 Jane Buxton ROSS Study Consultant 6071 59.99 Cabelas Uniform Supplies 6072 209.54 Compurun Computer Repair 6073 623.41 Costco Janitorial & Office Supplies 6074 34.00 DMV Class A Drivers License-C. Beckman 6075 253.59 Forestry Suppliers, Inc. Safety Supplies 6076 604.80 Foster Bros. Security Systems, Inc. Keys& Padlocks 6077 29.72 G & K Services Shop Towel Service 6078 907.47 Gardenland Power Equipment Field Supplies 6079 43.05 Goodyear Tire Center Tire Repair 6080 97.40 GTE Wireless Cellular Phone Service 6081 1,000.00 Grant Thornton LLP Auditors Deposit 6082 1,442,58 Howard Rome Martin & Ridley LLP Obermayer Vs MROSD- Legal Services 6083 160.58 Jodi Isaacs Vehicle Expense 6084 607.20 Jobs Available Inc. Recruitment Advertisement 6085 180.00 Jobs in Government Recruitment Advertisement 6086 390.00 Job Trak Recruitment Advertisement 6087 255.00 Kangas Attorney Services Esperson-Rodriquez Vs MROSD-Legal 6088 291.46 Los Altos Garbage Company Dumpster Service 6089 411.75 Lucent Technologies Phone Installation Service Agreement 6090 63.09 MCI Worldcom Telephone Long Distance Service 6091 163.02 Marin Supply Company Restroom Supplies 6092 540.00 Marie McGough Accounting Consultant 6093 5,612.29 MetroMobileCommunications Radios and Radio Repairs 6094 695.00 Micro Accounting Solutions Computer Consulting Services 6095 310.86 Minton's Lumber&Supply Field Supplies 6096 158.35 Moffet Supply Restroom Supplies 6097 225.00 Monster.Com Recruitment Advertisement 6098 954.35 Mountain View Garden Center Field Supplies 6099 4,011.05 Noble Ford Tractor, Inc. Tractor Parts and Repair 6100 33.63 Office Helper Products Office Supplies 6101 246.12 Pacific Bell Telephone Telephone Service 6102 13.45 City of Palo Alto Utilities Black Mountain Utilities 6103 176.03 Peninsula Blueprint Copy Service 6104 439.81 Pine Cone Lumber Co., Inc. Lumber& Bolts 6105 606.94 PIP Printing Newsletter, Map& Letterhead Printing 6106 674.63 Portola Park Heights Property Owner's Asso Slate Creek Road Agreement 6107 55.91 Precision Engravers Name Tag Printing 6108 1,000.00 Tom Randall Rental Agreement Page 1 Claims No. 99-09 Meeting 99-12 Date: May 12, 1999 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT # Amount Name Description 6109 8.66 Roberts Hardware Hardware 6110 2,020.02 Roy's Repair Service Vehicle Maintenance& Repair 6111 762.40 San Francisco Newspaper Agency Recruitment Advertisement 6112 649.80 San Jose Mercury News Recruitment Advertisement 6113 1,000.00 Saratoga Springs Staff Recognition Event Deposit 6114 315.36 Shell Oil Company Fuel 6115 269.96 Signs of the Times Signs 6116 117.01 Skyline County Water District Water Service 6117 77.63 Skywood Trading Post Fuel 6118 2,997.45 Summit Uniforms Uniforms 6119 150.75 Swift Attorney Services Process & Courier Service 6120 60.00 Terminix International Pest Control Service 6121 112.50 Transworld Media Group Recruitment Advertisement 6122 8,087.40 2 M Associates Consulting Services-Annexation 6123 3.57 Union 76 Fuel 6124 9,57 *1 UPS Parcel Post Service 6125 7.08 *2 UPS Parcel Post Service 6126 973.79 Verio Pacific Internet Installation & Service Provider 6127 97.65 Doug Vu Vehicle Expense 6128 179.67 West Group Payment Center Legal On-Line Service 6129 116.87 Michael Williams Vehicle Expense 6130 200.00 Woodside & Portola Private Patrol Secure Gates-Windy Hill Parking Lot 6131 204.80 The Workingman's Emporium Uniforms *1 Urgent Check Issued April 28, 1999 *2 Urgent Check Issued May 03, 1999 Total 43,185.92 Page 2 Regional pen � . See MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: C. Britton, General Manager " DATE: May 12, 1999 SUBJECT: FYI 330 Distel Circle • Los Altos, CA 9402 2-1404 - Phone: 050-691-1 200 FAX: 650-691-0485 - E-mail: mrosdf+openspa(e.org - Web site:www.ol)enslaace.org /3oard oY tilt°(tor,:Pete Siemens,Mary C. Davey,led Cyr,Deane Little,Nanette Hanko, Betsv Crowder, Kenneth C. Nits L.Craw Britton Intraoffice Memorandum May 10, 1999 To: Craig Britton, General Manager From: Paul McKowan, Volunteer Coordinator Subject: P.A.D.S. Dog Information Booth Fremont Older; Saturday, May 15; 1 1:00arn —4:00pm Attachments: February 24 th letter to Dan Bernstein (P.A.D.S.) April 29fh e-mail report from Dan Bernstein We received notice today that Peninsula Access for Dogs (P.A.D.S.) will be staffing their second dog information station at Fremont Older Open Space Preserve on Saturday, May 15th from 11:00 am to 4:00 pm. Their objective is to increase public awareness and educate visitors on the importance of regulation compliance. P.A.D.S. first information station at this preserve was held on Saturday, April 24 th. I've attached a copy of their report for your review. Please let me know if you have any questions regarding these events. Regional Open ace February 24, 1999 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT Dan Bernstein P.A.D.S. 0 v P.O. Box 1236 V El Granada, CA 94018 Subject: February 8, MROSD/PADS Meeting Dog Information Stations at District Preserves Dear Dan: Thank you and your group for meeting with us to discuss setting up dog information stations at District preserves. The District appreciates your assistance in increasing public awareness and educating visitors on the importance of regulation compliance. Listed below are a few of the highlights that we discussed at our February 8th meeting. I've reviewed these details with Senior Planner, Randy Anderson. Please contact me as soon as possible if you have any corrections or additions to these points. • Information booths will be staffed by a minimum of 2 and a maximum of 8 P.A.D.S. members • Targeted preserves include Windy Hill, Fremont Older, and St. Joseph's Hill • Targeted amount of information stations for this year is 4-6 • The District will issue a one-year information station permit that lists details and instructions • The permit will be issued directly to P.A.D.S. member and future Volunteer Trail Patrol member, Denise Williams (copy attached) • Following each information station, P.A.D.S. will send an activity report to the District • P.A.D.S. will meet with District staff later this summer to discuss the results of completed stations and other dog-related information • The District will provide P.A.D.S. with dog-information packets, preserve maps, lend-a-leashes, and visitor guides to be distributed at each information station In addition, the District will periodically provide you with a list of dog-related incidents and reports so that P.A.D.S. can assist us in addressing these problems. Thanks again for your help. Randy and I look forward to meeting with you this summer and discussing your experiences at these preserves. If you have any questions, please contact me at volunteer@openspace.org or (650) 691-1200. Sincerely, Paul McKowan Volunteer Coordinator Attachment cc: Randy Anderson Anne Macaulay Kathleen Hart Denise Williams 330 Distel Circle . Los Altos, CA 94022-1404 . Phone:650-691-1200 FAX: 650-691-0485 • E-mail: mrosdnopenspace.org • Web site:www.openspace.org Board of Direclors:Pete Siemens,Mary C. Davey,led Cyr, Deane Little, Nonette Hanko, Betsy Crowder, Kenneth C. Nitz •General Manager:L.Craig Britton >Return-Path: dbernstein@argotech.com Cl >From: Dan Bernstein <dbernstein@argotech.com> >To: mrosd@openspace.org >Subject: Attn: Paul McKowan & Randy Anderson >Date: Thu, 29 Apr 1999 16:33:03 -0700 >Return-Receipt-To: Dan Bernstein <dbernstein@argotech.com> >X-Rcpt-To: mrosd@openspace.org > >Dear Paul and Randy, >This note is to inform you that this past Saturday, April 24, four members >of PADS conducted an information station at the Fremont Older Preserve. We >ran this station from approximately noon until four PM. During those four >hours we had contact with about 20 individuals, most - but not all - of whom >were hiking with dogs. Despite the excellent weather, the preserve did not >receive many visitors - with or without dogs. >Please contact me if you have any further questions about this event. >Sincerely, >Dan Bernstein >Peninsula Access for Dogs Intraoffice Memorandum May 10, 1999 To: Craig Britton, General Manager From: Paul McKowan, Volunteer Coordinator Subject: Volunteer Trail Patrol Activity Summary From: 1/1/99 To: 3/31199 VIOLATIONS OBSERVED aogr PRESERVES TOTAL PATROL HOURS Coal Creek (4) 1 1 El Corte de Madera (8) 2 2 Fremont Older (45) 1 7 2 8 18 Long Ridge (47) 17 1 6 1 25 Monte Bello (86) 2 1 3 Pulgas Ridge (26) 4 1 5 Purisima Creek (23) 4 2 2 8 Rancho (233) 1 2 3 Russian Ridge (14) 1 1 Sierra Azul (12) Skyline Ridge (5) Stevens Creek (3) Windy Hill (41) 3 16 2 21 TOTAL VIOATIONS 24 10 14 31 7 1 87 PER VIOLATION TYPE PERCENTAGE OF 28% 11% 16% 36% 8% 1% 100% TOTAL VIOLATIONS* Total Violations Observed: 87 Total Patrol Hours: 547 Average Patrol Hours Per Week: 42 *Violations of this type as a percentage of the total number of violations observed **Other Violations such as gathering wildflowers, vandalism, fishing, etc. Regional Open S1 -e s MIDPENINSULA REGIONAL OPEN SPACE DISTRICT TO: Board of Directors FROM: 1. Escobar, Assistant General Manager DATE: May 7, 1999 SUBJECT: FYI 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 Regional Open S ce 2 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT May 3, 1999 Odwalla Tiffany Mitchell, Donation Department 120 Stone Pine Road Half Moon Bay, CA 94019 Dear Tiffany: On behalf of the Midpeninsula Regional Open Space District, I'd like to thank you for your generous donation of Odwalla Bars. The Midpeninsula Regional Open Space District is a government agency that was formed in 1972 to acquire and preserve a regional greenbelt of open space land, protect and restore the natural environment, and provide opportunities for public enjoyment and education. The District has preserved over 42,000 acres of public land in 23 open space preserves. This year, the District celebrated California Trail Days and Earth Week by hosting three outdoor restoration projects. Your wonderful donation of Odwalla Bars enabled us to provide a healthy snack to the 75 volunteers that participated in these important and educational events. Your commitment to open space preservation and the District's volunteer program is very much appreciated. Donations such as yours demonstrate the cooperative effort that is necessary if we are to accomplish our goal of preserving open space. Sincerely, fo-�" L. Craig Britton General Manager LCB/pm 330 Distel Circle • Los Altos,CA 94022-1404 . Phone:650-691-1200 FAX: 650-691-0485 . E-mail: mrosd@ol)enspace.org openspace.org . Web site:www.openspice.org Board or Directors:Pete Siemens,Mary C. Davey,Jed Cyr, Deane Little,Nonette Hanko,Betsy Crowder, Kenneth C.Nitz •General Manager:L.Craig;Britton Regional Open S ce -------------------- 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT April 29, 1999 Ms. Sarah Jones Santa Clara County Planning Office 70 West Hedding Street East Wing, 7th Floor San Jose, CA 95110 Dear Ms. Jones: At a special meeting on April 28, 1999 the Board of Directors of the Midpeninsula Regional Open Space District voted unanimously in designating District Board member Nonette Hanko to submit an application for appointment to the Community Resource Group (CRG) for the Stanford University Community Plan and General Use Permit. We understand that the members of the CRG are not intended to be representative of a specific interest group or agency, and that if selected Ms. Hanko would serve on her own behalf, not that of the District. Ms. Hanko's long experience with the issues faced by the Open Space District and her even longer experience and interest in the land use issues related to Stanford certainly make her an ideal candidate for appointment to the CRG. The Board feels that she would bring a wealth of information, perspective, and benefit to the work of the CRG. Sincerely, G� Jed Cyr, President Board of Directors JC/mcs cc: MROSD Board of Directors Honorable Joe Simitian 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 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT April 29, 1999 Ms. Sarah Jones Santa Clara County Planning Office 70 West Hedding Street East Wing, 7th Floor San Jose, CA 95110 Dear Ms. Jones: I am writing to support the application of Mary Davey for appointment to the Community Resource Group (CRG) for the Stanford University Community Plan and General Use Permit. Mary Davey has served on the Board of Directors of the Midpeninsula Regional Open Space District since 1994, including one year as President of the Board. I understand that the members of the CRG are not intended to be representative of a specific interest group or agency, and that if selected Ms. Davey would serve on her own behalf, not that of the District. Ms. Davey's long experience in land use and community planning issues, coupled with her tireless and energetic dedication to improving the quality of life of all the region's inhabitants, make her an excellent candidate for appointment to the CRG. I hope that her application will be given the most deliberate consideration. Y 4ncerel , � L. Craig Britton General Manager LCB/mcs cc: Honorable Mary Davey Honorable Joe Simitian 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 1 1 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT April 30, 1999 Ms. Sarah Jones Santa Clara County Planning Office 70 West Hedding Street East Wing, 7th Floor San Jose, CA 95110 Dear Ms. Jones: I am writing in support of the application of Nonette Hanko for appointment to the Community Resource Group (CRG) for the Stanford University Community Plan and General Use Permit. I understand that the members of the CRG are not intended to be representative of a specific interest group or agency, and that if selected Ms. Hanko would serve on her own behalf, not that of the District. As you may know, Ms. Hanko is one of the founders of the Midpeninsula Regional Open Space District, and has served on its Board of Directors since its inception in 1972, Even prior to formation of the District, she was very involved in a variety of land use issues, including some of the early decisions related to the use of Stanford land. She is very knowledgeable about both regional and local land use issues and the Palo Alto General Plan, and will bring a very strong,thoughtful, and realistic environmental perspective to the CRG. Ms. Hanko will make an excellent addition to the CRG, and will bring with her a great deal of credibility as she is well-known in the Palo Alto and Santa Clara County communities for her long-term commitment to the environment. Please be sure to give her application the utmost consideration. Sincerel �I L. Craig Britton General Manager LCB/mcs cc: Honorable Nonette Hanko Honorable Joe Simitian 330 Distel Circle • Los Altos, CA 94022-1404 • Phone: 650-691-1200 ; FAX: 650-691-0485 • E-mail: mrosdrropenspace.org • Web site:%%ww.openspace.org Board or Directors:Pete Siemens, Mary C. D.ivey,led Cyr, Deane Little, Nonette Hanko, Bets%Crowder, Kenneth C.Nitz •i;ener,d A1araeer:L.Crai Britton