HomeMy Public PortalAbout19990714 - Agendas Packet - Board of Directors (BOD) - 99-17 onal Open
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MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 99-17
REGULAR AND SPECIAL MEETINGS
BOARD OF DIRECTORS
AGENDA*
7:00 P.M. 330 Distel Circle
Wednesday Los Altos, California
July 14, 1999
*** PLEASE NOTE***
7:00 P.M. Closed Session Start Time
7:30 P.M. Regular Meeting Start Time
(6:30) 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 Regular Meeting, and at the
conclusion of the Regular Meeting, the Board may reconvene the Special Meeting
Closed Session.
1. Conference with Legal Counsel - Pending Litigation - Government Code
Section 54956.9(a)
Midpeninsula Regional Open Space District v. Russian Convent of Our Lady of
Vladimir, Inc. et al.
(7:30) REGULAR MEETING OF THE BOARD OF DIRECTORS
SPECIAL ORDER OF THE DAY
Resolution Supporting Full, Permanent, Mandatory Funding of the Land and
Water Conservation Fund, Including Revitalization of the Stateside Grants
Program
** ORAL COMMUNICATIONS -- Public
ADOPTION OF AGENDA
3 30 Distel Circle . 1_os Altos, CA 94022-1404 . Phone: 6 0-691-1200
FAX: 0)0-091-04£35 . F-mail mrosdre)openspace.org . Web site:www.openspa(e.org
Bojrct of t)ir (fors Pete Siemcn, %1,1ry(. D,ivey, Led Cvr, Deane Little, Nonctte Hanko,Bet,v ( rowder,Kenneth(-. Nit/ - Gonvr it Almw,r;c°r:! (gait;Brmw)
Meeting 99-17 Page 2
*** ADOPTION OF CONSENT CALENDAR -- J. Cyr
BOARD BUSINESS
(7:45) 1. Representation of Independent Special Districts on the Santa Clara County Local
Agency Formation Commission - C. Britton
Resolution Requesting Special District Representation on the Santa Clara
County Local Agency Formation Commission
(8:00) 2. Authorization for the President of the Board of Directors to Execute the
Residential Lease Agreement with the Slaght Family for the Employee
Residence in the Sierra Azul Open Space Preserve Area and Authorization for
the General Manager and Board President to Further Approve Any Minor
Corrections or Grammatical or Technical Revisions to the Amendment, Which
do not Involve a Change to a Material Term, Subject to the Approval of District
Legal Counsel - J. Escobar
*** 3. Cancellation of July 28, 1999 Regular Meeting - C. Britton
*** 4. Schedule Special Meetings of the Board of Directors of the Midpeninsula
Regional Open Space District for 10:00 a.m., Saturday, July 24, 1999 and
10:00 a.m., Saturday, August 14, 1999 for the Purpose of Attending Coastal
Advisory Committee Tours of District and Coastal Lands - C. Britton
(8:10) 5a. Approval.of Salary Adjustment and Meritorious Pay Award for the General
Manager and Approval of Amendment to General Manager's Employment
Agreement to Reflect a 6% (Inclusive of a 3% Cost of Living Increase)
Adjusted Salary of$110,333.92 Retroactive to March 9, 1999 and a 5%
Meritorious Pay Award Totaling $5,204.43
Resolution Approving 1999-2000 Salary Adjustment and Meritorious Pay
Award for the General Manager and Approving Amendment to General
Manager Employment Agreement
5b. Approval of Meritorious Pay Award for the District Controller Totaling $3,000
Resolution Approving a Meritorious Pay Award for the District Controller
5c. Approval of Salary Adjustment and Meritorious Pay Award for the District
Legal Counsel and Approval of Amendment to District Legal Counsel's
Employment Agreement to Reflect a 5% (Inclusive of a 3% Cost of Living
Increase) Adjusted Part-Time Salary of$66,832.50 Retroactive to April 1, 1999
and a 5% Meritorious Pay Award Totaling $3,182.50; Adjust Vacation Hours
From 80 Hours Annually to 90 Hours Annually; and Redesignating the Job Title
From "District Legal Counsel" to "General Counsel"
Meeting 99-17 Page 3
Resolution Approving 1999-2000 Salary Adjustment and Meritorious Pay
Award for the Legal Counsel and Approving Amendment to Legal Counsel
Employment Agreement
(8:25) 6. Authorization for the General Manager to Execute an Agreement, as Approved
by District Legal Counsel with Johnson & Associates, Human Resource
Consultants, in the Amount of$29,500 to Conduct a Classification,
Compensation, and Benefits Study for All District Positions, and Further
Authorize a Contingency of$2,950 (10% of the Contract Amount), if
Necessary for Additional Tasks to Complete the Project as Determined by the
General Manager - D. Dolan
*** 7. Authorization for the President of the Board of Directors to Execute the
Amendment to Lease - Office Space With Alzheimer's Association for the
Distel Enterprise Office Space and Authorization for the General Manager and
Board President to Further Approve Any Minor Corrections or Grammatical or
Technical Revisions to the Amendment, Which do not Involve a Change to a
Material Term, Subject to the Approval of District Legal Counsel - M.
Williams
*** 8. Denial of a Claim Submitted by Paul and May Koski for Contribution From the
District for Culvert and Driveway Repairs - S. Schectman
*** 9. Application to Santa Clara County Transportation Enhancement Fund Program
to Acquire Addition to Bear Creek Redwoods Open Space Preserve (Peninsula
Open Space Trust Property) - D. Woods
Resolution Approving the Application for Grant Funds for the Countywide
Transportation Enhancement Program for the Following Project:
Addition to the Bear Creek Redwoods Open Space Preserve (Peninsula Open
Space Trust) Acquisition
(8:40) 10. Resolution Providing That Board Members Not Otherwise Eligible for an
Employer-paid or Partially Employer-paid Group Medical or Group Dental
Plan, or Both, May Participate in Any of Those Plans Available to Permanent
Employees of the District, at the Board Member's Own Expense - C. Britton
(8:50) INFORMATIONAL REPORTS -- Directors and Staff
*** REVISED CLAIMS (Consent Item)
ADJOURNMENT
*NOTE: Times are estimated and items may appear earlier or later than listed. Agenda is
subject to change of order.
Meeting 99-17 Page 4
** 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.
RESOLUTION No. 99-
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
SUPPORTING FULL, PERMANENT, MANDATORY FUNDING
OF THE LAND AND WATER CONSERVATION FUND,
INCLUDING REVITALIZATION OF THE STATESIDE GRANTS PROGRAM
WHEREAS,the Board of Directors of the Midpeninsula Regional Open Space District finds
that providing public open space,park lands, and outdoor recreational opportunities is of vital
environmental, social, and economic importance to the people of our region, of the State of
California, and of the entire United States; and
WHEREAS, in 1964 Congress created the Land and Water Conservation Fund(LWCF)to
preserve valuable natural resources,habitat for wildlife, and open spaces to ensure that these
resources are protected, and that all Americans have access to high quality outdoor and
natural recreational opportunities, and thereby to enhance the health and vitality of the nation;
and
WHEREAS,the LWCF Act is authorized to invest$900 million annually in these natural and
recreational resources,principally from public revenue received from off-shore energy
extraction, and that the Congress must annually appropriate funds from the LWCF account;
and
WHEREAS,since its creation,the LWCF has been responsible for the acquisition of nearly
seven million acres of open space,parks, and public forests including the development of
over 37,000 state and local resource conservation and recreation projects, including nature
preserves, scenic trails, access points and staging areas for parks and preserves, national
historical sites, and many other types of projects including partial funding for the
development of Windy Hill Open Space Preserve parking area, and acquisitions at Stevens
Creek Shoreline Nature Study Area, and Rancho San Antonio, Pulgas Ridge, Saratoga Gap,
Ravenswood, and St. Joseph's Hill Open Space Preserves, among others; and
WHEREAS, over the past decade and more, LWCF funding for Federal projects has been
reduced by more than half and funding for State projects has been entirely eliminated,
resulting in a vast shortfall in funding for the protection of these natural and recreational
resources.
Now,THEREFORE,BE IT RESOLVED that the Board of Directors of the Midpeninsula
Regional Open Space District respectfully urge Congress to pass legislation to fully fund,
on a permanent and mandatory basis, the Land and Water Conservation Fund, with an
equitable allocation of funding between its Federal and State components, without
geographic limits on funding and without creating new incentives for off-shore oil leasing,
to conserve our natural and cultural heritage and provide recreational opportunities for all
Americans, for now and into the future.
RESPONSE ACTION PROPOSED BY S _..
SAFF
Board President Acknowledge/Respond
Director Acknowledge/Respond
Staff Acknowledge/Respond
Draft Response Attached
June 29, 1999 Staff to be Directed to Prepare Draft
Response for Board Consideration per
Board Direct i_(s)
No Response Necessary
Dear Mr. Cyr,
I am writing this letter to ask you and the Board of Directors to reconsider
the issue of bike access from the Ravensbury entrance into Rancho San
Antonio. As you know, bikes are currently prohibited. My reasons for
submitting this request are as follows.
First, there are very few safe places available for children to ride bikes in the
Los Altos Hills area. Rancho San Antonio offers some great paths for
biking if you park at the Cupertino entrances. You can then ride as far as
Deer Hollow Farm where you are asked to park your bikes. If one lives in
the Los Altos Hills area near the Ravensbury entrance, this basically requires
a 1.5-20 minute car ride (along with the time required to load bikes onto a
vehicle) to access a park that is a 5-10 minute bike ride away.
Secondly, I have spoken to several rangers who have explained the safety
reasons behind the decisions surrounding which paths are authorized for
various uses. I realize that the Ravensbury path may not be quite as wide as
the path you pick up on the other side of the farmhouse, but it seems
significantly wide and flat enough to allow for safe and respectful bike
traffic.
Thirdly, there is a horse farm on Ravensbury that no longer give year round
horse lessons and I believe the horse traffic has dropped considerably over
the past couple of years.
Fourth, the Ravensbury entrance into Rancho San Antonio is not on the park
map. Also, there is no parking on or near the Ravensbury entrance into the
park. Therefore use of this path for biking would basically be limited to
'JUL 1
anyone living close enough to know about this entrance and to access the
path from his or her home. This is currently true of foot traffic, as well.
I am hopeful that you will reconsider and authorize this entrance for bike
access to the other bike paths within the park. It is approximately a 5-10
minute bike ride (depending on age and ability of bikers) to arrive at the
currently approved bike path that begins at Deer Hollow Farm. Approving
bike access on this short distance would provide a wonderfully safe option
for families (especially with young children) living in this area to enjoy safe
bike riding at little to no risk or inconvenience to others.
Mr. Smith suggested I gather signatures from other families living in the
area to support this request. If necessary, I am happy to do this. However,
in order to get this letter to you in time for consideration at the next board
meeting, I thought if best to forward it to you soon as possible. I would love
for my children (ages, 7,7,8) along with others to be able to take advantage
of this biking option prior to the end of the summer.
Thank you for your consideration.
D
i
�fna Peterson
23450 Ravensbury Ave
Los Altos Hills, Ca 94024
949-5453
RESPONSE ACTION PROPOSED BY STAFF
Board President Acknowledge/Respond
Director Acknowledge/Respond
Staff Acknowledge/Respond
Draft Response Attached
Staff to be Directed to Prepare Draft
Response for Board Consideration per
Board Directive(%)
Kris Casto No Response Necessary
1720 Holt Ave.
Los Altos, CA. 94024
30 June 1999
Board of Directors
Midpeninsula Open Space District
330 Distel Circle
Los Altos, Ca 94022
Subject: Parking Fees at Rancho San Antonio Park
Dear Midpeninsula Board of Directors:
The Rancho San Antonio Park is truly an asset to the South Bay Area. I appreciate all the
hard work the Board has directed to its preservation. Our community benefits greatly
from this natural resource. As you know it is used by many many people for its hiking
trails &visits to Deer Farm Hollow.
The recent discussion by the Santa Clara Board of Supervisors to impose a$4.00 parking
fee is of grave concern to the residents of Los Altos. Not only would this restrict use by
ability to pay,but also it would impact parking in the nearby residential neighborhoods.
Many residents, who voted to fund the Open Space District, may resent having to pay to
use it. I understand that this is not of your doing, but a consequence of a decision by the
Board of Supervisors.
As an elected official, although I am not representing the City Council, I urge you to give
consideration to looking for a mutual solution regarding the maintenance of the County
open space without adding a parking fee. Please call me if I can do anything to assist you
with this matter.
Respectfully,
/ Gs-�r �5
is Casto
Los Altos City Council
JUL 2 �'
'Gow9 of 'POJZzOEA UALLET
COUNCIL:
Craig M.Brown,Mayor
Edward C."Ted"Driscoll,Jr.,Vice-Mayor
Kirke Comstock
Gary Nielsen
VIA FACSIMILE Nancy Vian
(Original to follow via US Mail) TOWN OFFICERS:
Alex D. McIntyre
June 18, 1999 Town Administrator
Sandy Sloan
Town Attorney
Members of the Board of Directors
Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022-1404
Dear Members of the Board of Directors,
C
During your budget proceedings, the Town of Portola Valley would like to remind
the District of its previous desire to fund and develop the Midlevel Trail.
By moving the Midlevel Trail up on your priorities, a valuable "short loop" would
be provided for all trail head entrances. Since the majority of the trail is
grassland, its construction should be relatively inexpensive.
Thank you for your attention to this important matter.
Sincerel ,
RESPONSE ACTION PROPOSED BY STAPP
Board President Acknowledge/Respond
\ Director Acknowledge/Respond
Staff Acknowledge/Respond
ALEX D. Mcl RE
Town Administrator Draft Response Attached
Staff to be Directed to Prepare Draft
Response for Board Consideration per
Board Directive("
c — Town Council
No Response Necessary
Trails Committee
Town Hall: 765 Portola Road,Portola Valley,CA 94028 Tel: (650) 851-1700 Fax: (650)851-4677 e-mail:townhall®portolavalley.net
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RANCHO SAN ANTONIO
Open Space Preserve MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Regional Open . , ace
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-99-98
Meeting 99-17
July 14, 1999
AGENDA ITEM 1
AGENDA ITEM
Representation of Independent Special Districts on the S a Clara County Local Agency
Formation Commission
GENERAL MANAGER'S RECOMMENDATION
Adopt the attached resolution requesting special district representation on the Santa lara County
Local Agency Formation Commission.
DISCUSSION
The Local Agency Formation Commission(LAFCO)within each county is the public forum
under which all local agency territorial and jurisdictional matters are considered. Most often, a
special district's only contact with LAFCO is related to annexations of land, adjustments to
spheres of influence, or other less-significant matters.
Over the last few years, there have been statewide discussions on the issue of local government
representation and efficiency, some of which have focused on the role of special districts. These
discussions have often included the issues of consolidation, reorganization, or elimination of
special districts, as well as local government funding support for LAFCO. As a result, LAFCO
will be a very important part of the many potential decisions on possible changes in the
responsibilities,jurisdiction, and territory of special districts. It is therefore crucial that special
districts have representation on LAFCO in order to take part in these decisions.
On January 1, 1994, Chapter 1307 (Assembly Bill 1335) went into effect. The focus of this law
is to allow LAFCOs to institute discussions on reorganization and consolidation of special
districts, and accordingly provide a process for representation of special districts on the LAFCO
Board (Government Code Section 56455). In order to set the process in motion for gaining
representation, a majority of independent special districts within a county must pass and forward
a resolution requesting representation. You passed such a resolution in 1994 (see report R-94-11
and Resolution No. 94-17). At that time, three other independent special districts also passed
such a resolution. However, that number was far short of the minimum required to initiate the
proceedings for gaining representation on LAFCO.
Director Siemens is the current President of the Santa Clara County Special Districts
Association. At the last two meetings of this group, the issue of gaining representation on
LAFCO has been discussed. Staff research has determined that of the 21 independent special
districts within Santa Clara County, there are 11 which have expressed some level of interest in
the possibility of gaining representation on LAFCO. This represents the majority needed to begin
the process of gaining representation.
330 Distel Circle a Los Altos, CA 94022-1404 . Phone:650-691-1200
FAX:650-691-0485 e E-mail: mrosdr1openspace.org . Web site:www.opensl)ace.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-99-98 Page 2
In order to set the stage for further discussions on this issue by the Association, it is important
that the District lead the way in passing a resolution requesting representation on LAFCO. Two
other independent special districts have passed such resolutions. Therefore, staff recommends
that you adopt the attached resolution which will, along with the required number of resolutions
from other special districts, set the process in motion.
Prepared by:
M. Smith, Public Affairs Manager
Contact person:
L. Craig Britton, General Manager
Resolution No. 99-
Resolution of the Board of Directors
of the
Midpeninsula Regional Open Space District
Requesting Special District Representation
On the Santa Clara County Local Agency Formation Commission
Section One. Pursuant to Section 56453 (a) of the Government Code
of the State of California, the Santa Clara County Local Agency Formation
Commission (LAFCO) may consider representation by independent special
districts in Santa Clara County on LAFCO if a majority of independent
special districts within said County adopt a resolution initiating proceedings
therefor.
Section Two. The independent special districts in Santa Clara County
have historically provided and continue to provide substantial public
services to the residents of said County and do not now have representation
on LAFCO.
Section Three. The Board of Directors of the Midpeninsula Regional
Open Space District does hereby request the Santa Clara County LAFCO to
undertake proceedings pursuant to law to provide for special district
representation on LAFCO.
Section Four. The General Manager of the District is hereby directed
to immediately forward a certified copy of this Resolution to the Executive
Officer of LAFCO.
Regional Open ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-99-99
Meeting 99-17
July 14, 1999
AGENDA ITEM 2
AGENDA ITEM
Approval of Residential Lem Agreement with the S ht Family for an Employee Residence
in the Sierra Azul Open Space Preserve Area
GENERAL MANAGER'S RECOMMENDATTW.
Authorize the President of the Board of Directors to execute the Residential Lease Agreement
with the Slaght family for the Employee Residence in the Sierra AM Open Space Preserve
area. The General Manager and Board President are further authorized to approve any minor
corrections or grammatical or technical revisions to the attached Amendment, which do not
involve a change to a material term, subject to the approval of District Legal Counsel.
DISCUSSION
The District has an opportunity to enter into a one year Residential Lem Agreement for an
employee residence with a private property owner, the Slaght family. The rental residence is
located at the end of Pheasant Road west of and adjacent to the Rancho de Guadalupe area of
the Sierra Azul Open Space Preserve. The Slaghts gave the District the first opportunity to
rent this residence provided the agreement is in place by August 1, 1999. The monthly rental
rate for this four bedroom and two bathroom residence is $1,200 per month.
Upon moving into this residence, the resident employee will be responsible for paying half of
the fair market rent in exchange for resident employee duties. The Hicks Road and Mt.
Umunhum area has historically shown a moderate level of after-hours incidents. The
recommendation in this report is consistent with the District's current employee residence
policy.
At your meeting of October 28, 1998 (R-98-126), you authorized the reimbursement of one-
half of monthly rent in the amount of$1,000 per month for a non-District owned employee
residence. The current rental arrangement for Ranger Tom Randall and his family expires on
October 31, 1999. This residence is rented for$2,000 per month as compared to $1,200 per
month for the Slaght rental residence. Due to the constraints of the current rental agreement,
the District may end up holding the Slaght family rental residence vacant for three months
from August 1, 1999 through October 31, 1999 before the resident employee moves into the
residence. The cost of holding the residence vacant during this time frame is $3,600. This
cost will be recaptured in rental savings over the one year lease term. Staff will continue to
work to achieve a move of the resident employee into this residence prior to October 31, 1999.
to Dislel Circle . Lo,,Alto,,, CA 94022-1404 Phone: 050-09 1 -1200
FAX: 050-091-0485 - E-mail: web site:Ww"'.0pelISIM(e.or�,
Hwid w 0irc(lor,:Pete siemens,Mary C. Davev, Jed( vr, Deane I ittle, Nonette I Imiko, Bow( romlei, Kenneth C.Nit/
R-99-99 Page 2
During staffs investigation to locate a suitable building site for a manufactured home along
Hicks Road, several sites were analyzed. The best location (Hick's Flat) had several site-
related problems including less-than-perfect site visibility for the proposed driveway from
Hicks Road, the potential of having to drill a well to a depth of 400 feet, and a potential septic
perculation problem due to the low permeability of the ground. Before adding a cost of these
particular difficulties, the site improvement and building costs were estimated at approximately
$125,000 under favorable conditions. This agreement provides staff additional time to
evaluate the feasibility of a replacement residence on District land, if desired
The lease agreement with the Slaght family provides the District with an employee residence
centrally located within the Sierra AM Open Space Preserve at a reasonable market rental
rate. It is staffs hope that this lease agreement may lead to a longer term relationship with the
Slaght family.
Prepared by:
Michael Williams, Real Property Representative
Contact Person:
Same as Above
RESIDENTIAL LEASE AGREEMENT
1. Identification of Landlord and Tenant. This Agreement is entered into between the
Midpeninsula Regional Open Space District, a public district (hereinafter referred to as the
"District") and the Slaght Living Trust, Oran L. Slaght, Jr. and Geneva J. Slaght, co-trustees
("Landlord").
2. Identification of Premises. Subject to the terms and conditions in this Agreement,
Landlord rents to District, and District rents from Landlord, for the purpose of establishing
and maintaining a resident employee in the southern area of the District's jurisdiction, the four
bedroom residence located at 18171B Pheasant Road, Los Gatos, CA 95032 ("the Premises"),
together with the following furnishings and appliances:
. Rental of the Premises
also includes a patio and yard area, storage area, dog run and use of the following common
areas: BBQ area, washroom and garden area. The common areas are shared with the
Landlord, all as generally depicted on Exhibit A, attached hereto and incorporated herein.
3. Limits on Use and Occupancy. The Premises are to be used only as a District
employee residence. Occupancy shall be by a District employee and his or her immediate
family. Occupancy by guests for more than fourteen (14) days is prohibited without
Landlord's written consent and will be considered a breach of this Agreement.
4. Term of the Tenancy. The term of the rental will begin on August 1, 1999, and
continue for one year until July 31, 2000. However, either party may terminate this
Agreement by giving the other party a 90 day written notice.
5. Payment of Rent.
A. Regular monthly rent. District will pay to Landlord a monthly rent of Twelve
Hundred and No/100 Dollars ($1,200.00) payable in advance on the first day of
each month, except when that day falls on a weekend or a legal holiday, in
which case rent is due on the next business day. Rent will be paid in the
following manner unless Landlord designates otherwise:
B. Form and Delivery of pg . Rent will be paid by District check made
payable to the Slaght Living Trust and mailed to Oran L. Slaght, Jr. and
Geneva J. Slaght, 18171A Pheasant Road, Los Gatos, CA 95032
6. Late Charges. If District fails to pay the rent in full within five (5) days after the due
date, District agrees to pay a late charge of$50.00. Landlord does not waive the right to insist
on payment of the rent in full on the date it is due.
7. Security Dep%sit. District has already delivered to Landlord the sum of
$1,200.00 as a security deposit. District may not, without Landlord's prior written consent,
apply this security deposit to the last month's rent or to any other sum due under this
Agreement. Within three weeks after District has vacated the Premises, returned keys and
RESIDENTIAL LEASE AGREEMENT Page 2
provided Landlord with a forwarding address, Landlord will return the deposit in full or give
District an itemized written statement of the reasons for, and the dollar amount of, any of the
security deposit retained by Landlord, along with a check for any deposit balance.
8. Utilities. District will pay promptly all utility charges for the Premises. District will
provide bottled water to the resident employee for domestic consumption.
9. Assignment and Subletting. District may sublet the Premises to any District
employee as an employee residence. District may not otherwise assign this Agreement without
the prior written consent of Landlord.
10. Maintenance Responsibilities.
A. Landlord shall maintain the Premises in a decent, safe and sanitary condition,
and shall comply with all state and local laws, regulations and ordinances
concerning the maintenance of residential property.
B. District agrees to (a) keep the Premises clean, sanitary and in good condition
and, upon termination of the tenancy, return the Premises to Landlord in a
condition as good as that which existed when the District takes possession of the
Premises, except for normal wear and tear; (b) immediately notify Landlord of
any defects or dangerous conditions in and about the Premises of which District
becomes aware; and (c) reimburse Landlord, on demand by Landlord, for the
cost of any repairs to the Premises damaged by District or its employees, guests
or business invitees through misuse or neglect.
C. District has examined the Premises, including appliances, fixtures, carpets,
drapes and paint, and has found them to be in good, safe and clean condition
and repair, except as noted in the Landlord/District Checklist, attached hereto
and incorporated herein as Exhibit B.
11. Repairs and Alterations by District. Except as provided for by law, or as authorized
by the prior written consent of Landlord, District will not make any repairs or alterations to
the Premises. District will not, without Landlord's prior written consent, alter, re-key or
install any locks to the Premises. District will provide Landlord with a key or keys capable of
unlocking all such re-keyed or new locks.
12. Violating Laws and Causing Disturbances. District is entitled to quiet enjoyment of
the Premises. District and guests or invitees will not use the Premises or adjacent areas in
such a way as to: (a) violate any law or ordinance, including laws prohibiting the use,
possession or sale of illegal drugs; (b) commit waste (severe property damage); or (c) create a
nuisance by annoying, disturbing, inconveniencing or interfering with the quiet enjoyment and
peace and quiet of any other tenant or nearby resident.
RESIDENTIAL LEASE AGREEMENT Page 3
13. Pam. District employee shall be entitled to keep as a pet the following animals:
14. Landlord's Right to Access. Landlord or Landlord's agents may enter the Premises
in the event of an emergency, to make repairs or improvements or to show the Premises to
prospective buyers or tenants. Landlord may also enter the Premises to conduct an annual
inspection to check for safety or maintenance problems. Except in cases of emergency,
District's abandonment of the Premises, court order, or where it is impractical to do so,
Landlord shall give District at least twenty-four (24) hours notice before entering.
15. Possession of the Premises.
A. District's failure to take possession. If, after signing this Agreement, District
fails to take possession of the Premises, District will still be responsible for
paying rent and complying with all other terms of this Agreement.
B. Landlord's failure to deliver possession. If Landlord is unable to deliver
possession of the Premises to District for any reason not within Landlord's
control, including, but not limited to, partial or complete destruction of the
Premises, Tenant will have the right to terminate this Agreement upon proper
notice as required by law. In such event, Landlord's liability to District will be
limited to the return of all sums previously paid by District to Landlord.
16. Insurance. Landlord shall at all times carry a policy of fire insurance covering the
dwelling, but not the contents, of the Leased Property. Landlord shall also carry, and keep at
all times in full force and effect, a comprehensive, all risks, policy of Landlord's Liability
insurance in a face amount of not less than $1,000,000.00 with at least $500,000.00 per
occurrence. District shall, within ten (10) days of executing this Agreement, provide a
comprehensive, all risks, policy of liability insurance in a face amount of not less than
$1,000,000.00 with at least $500,000.00 per occurrence insuring against the negligence of the
District, its employees and agents for damages to persons or property. District shall maintain
such policy in full force and effect for the term of the Lease and shall provide evidence of such
coverage at commencement and thereafter upon annual or semi-annual renewal of such policy
or policies.
17. Payment of Court Costs and Attorney Fees in a Lawsuit. In any action or legal
proceeding to enforce any part of this Agreement, the prevailing party shall be entitled to all
costs incurred in connection with that action, including reasonable attorney fees.
18. Disclosures. District acknowledges that Landlord has made the following disclosures
regarding the Premises:
RESIDENTIAL:,LEASE AGREEMENT Page 4
A. The existing water system is a creek-fed system which is not to be used for
domestic consumption; however, the water may be used for other domestic
purposes-
B. Dwelling may have been previously painted with lead based paint.
19. Waiver. No failure of landlord to enforce any term of this lease shall be deemed a
waiver, nor shall any acceptance of a partiall payment of rent be deemed a waiver of
Landlord's right to the full amount of rent.
20. Validity of Each Part. If any portion of this Agreement is held to be invalid, its
invalidity will not affect the validity or enforceability of any other provision of this
Agreement.
21. Default. The failure of District or District's resident employee resident or their guests
or invitees to comply with any term of this Agreement, after not less than three (30 days
written notice of such default given in a manner required by law, the Landlord may terminate
this Agreement, unless District, within said time, cures such default.
22. Notices. Any notice that either party may or is required to give, may be given by
mailing the notice, postage prepaid, to the address shown below or to any other place as may
be designated, in writing, by either party from time to time.
Landlord: Oran L. Slaght Jr. and Geneva J. Slaght
18171A Pheasant Road
Los Gatos, CA 95032
District: Midpeninsula Regional Open Space District
330 Distel Circle
Los Altos, CA 94022-1404
Attn: Michael C. Williams, Real Property Representative
Tel: (650) 691-1200
Fax: (650) 691-0485
23. Successors and Assign. This lease is binding upon and inures to the benefit of the
heirs, assigns, successors, executors, and administrators of Landlord and District.
24. Holding ng Over. Any holding over after the normal expiration of the Lease, with the
consent of the Landlord, shall be construed as a month-to-month tenancy in accordance with
the terms of this Lease, as applicable.
25. Time. Time is of the essence in this Lease.
RESIDENTIAL LEASE AGREEMENT Page 5
26. Governing Law. The validity, meaning and effect of this lease shall be determined in
accordance with the laws of the State of California.
27. Entire Ag t. This document constitutes the entire Agreement between the
parties, and no promises or representations, other than those contained here and those implied
by law, have been made by Landlord or District.
28. Amendment. This Lease may not be amended or altered except by an instrument in
writing and executed by Landlord and District.
IN WITNESS WHEREOF, Landlord and Tenant have executed this Agreement the day
and year first above written.
District: Landlord:
MIDPENINSULA REGIONAL OPEN SLAGHT LIVING TRUST
SPACE DISTRICT
By:
APPROVED AS TO FORM: Oran L. Slaght, Jr., Trustee
By: Date:
Michael C. Williams
Real Property Representative
By:
Date: Geneva J. Slaght, Trustee
Date:
AGREED AND ACCEPTED:
By:
L. Craig Britton
General Manager
Date:
ADDENDUM TO RESIDENTIAL LEASE AGREEMENT
EXHIBIT A
LEGEND:
=FENCES OR EMBANKMENTS
= COMMON AREA BOUNDARY
BASEMENT AREA EXCLUDED FROM RENTAL
® SUGGESTED PARKING
LANDLORD'S
UNIT
BBQ
PLAY RENTAL UNIT
YARD 18171B
0 I�:'
LAUNDRY
POOL
THIS EXHIBIT IS NOT DRAWN TO SCALE
Board Voting Record
Meeting 99-19, July 14, 1999 Meeting Called to Order: 7:34 p.m. Page 1 of 2
Meeting Adjourned: 9:09 p.m.
Time 7:34 7:35 7:35' 7:45 7:48 *** *** 8:05 8:05 8:05
Special Adoption Adoption - 1 - -2- -3 - -4- -5A- -513 - -5C-
Order: of Agenda of Consent Rep. Slaght Lease Cancel Schedule Salary Adj. Salary Adj. Salary Adj.
Land & Calendar Special Agreement Meeting Scpecial And Pay, And Pay, And Pay,
Water District on July 28 Meetings General Controller Legal
Cons. Fund SCC Manager Counsel
LAFCO
MOTION Nonette Ken Pete Pete I Deane _ _i Nonette Nonette Nonette MOTION
SECOND Pete Pete Ken Nonette Pete Mary Mary Mary SECOND
Betsy Crowder Betsy Crowder
Jed Cyr r
Jed Cyr
Mary Davey
— ___ I Mary Davey
Nonette Hanko _ Nonette Hanko
Deane Little Deane Little
Ken Nitz Ken Nitz
Pete Siemens I Pete Siemens
Aye 6 6 6 6 6 6 6 6 Aye
No 0 0 0 0 0 0 0 0 No
Abstain 0 0 0 0 0 0 0 0 Abstain
Passed (4 votes)? yes yes yes yes yes yes yes yes Passed (4 votes)?
Comments Resolution Resolution Resolution Resolution Resolution Comments
99-27A 99-28A 99-29A 99-30 99-31
Board Voting Record
Meeting 99-17, July 14, 1999 Page 2 of 2
Meeting Called to Order: 7:34 p.m.
Meeting Adjourned: 9:09 p.m.
Time 8:06 * * * * 8:27
-6 - - 7- -8- -9- - 10-
Agree- Amend. To Denial of Acquire Board
ment with lease, Koski add'n to Medical
Johnson & Alzheimer Claim Bear Creek Plan
Assoc. Redwoods
.................................
MOTION Ken Pete Nonette MOTION
SECOND Deane Ken Ken SECOND
Betsy Crowder Betsy Crowder
Jed Cyr
— Jed Cyr
Mary Davey Mary Davey
Nonette Hanko
Nonette Hanko
Deane Little
Deane Little
Ken Nitz
Ken Nitz
Pete Siemens
' Pete Siemens
Aye 6 6 6 Aye
No 0 0 0 No
Abstain 0 0 0 Abstain
Passed (4 votes)? yes Passed (4 votes)?
Comments Resolution Resolution Comments
99-32 99-33
I
L I
Regional Open , .ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-99-107
Meeting 99-17
July 14, 1999
AGENDA ITEM 3
AGENDA ITEM
Cancellation of July 28, 1999 Regular Meeting
t
GENERAL MANAGER'S RECOMMENDATION—
Cancel your July 28, 1999 Regular Meeting.
DISCUSSION
I recommend that you cancel the July 28, 1999 Regular Meeting because of an unusually small
agenda and the anticipated absence of many key staff members due to approved vacations.
Agenda items that would have been presented at the July 28 meeting have been placed on the
July 14 agenda or will be placed on the August 11 agenda.
Prepared by:
L. Craig Britton, General Manager
Contact person:
Same as above
330 Distel Circle . Los Altos,CA 94022-1404 . Phone:650-691-1200
FAX:650-691-0485 . E-mail: mrosd@openspace.org . Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz .General Manager:L.Craig Britton
q1 lOpen -ice
00
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-99-100
Meeting 99-17
July 14, 1999
AGENDA ITEM 4
AGENDA ITEM
Scheduling of Special Meetings of the Midpeninsula Regi al Open Space District Board of
Directors for July 24, 1999 and August 14, 1999.
GENERAL MANAGER'S RECOMMENDATION
1. Schedule Special Board Meetings for 10:00 a.m., Saturday, July 24, 1999 and
10:00 a.m., Saturday, August 14, 1999 for the purpose of attending Coastal Advisory
Committee tours of District and coastal lands.
DISCUSSION
The Coastal Advisory Committee (CAC) will be taking a tour of District lands on July 24 in
order to further familiarize them with the operations and programs of the District. In addition,
the CAC will be taking a tour on August 14 of the coastal area under consideration for
annexation in order to gather information on coastal issues related to a possible annexation.
Notice of the Special Board Meetings for these land tours is appropriate as it is anticipated that
a quorum of Board members will be present at each tour. The District land tour will begin at
the Half Moon Bay fire station, Highway 1 at Higgins-Purisima Road. The meeting will
continue as the land tour progresses. The coastal tour starting point is undetermined at this
time.
Agendas for these Special Meetings, including locations of the tours and information for any
members of the public wishing to attend, will be posted at the District administrative office and
mailed to agenda subscribers as required by law.
Prepared by:
Malcolm Smith, Public Affairs Manager
Contact person:
L. Craig Britton, General Manager
30 I)istel Circle - Los Altos, CA 94072-1404 * Phone: 6.50-091-1200
FAX: 650-691 0485 « E-mail: o Web site: www.openspace.org
f3n,rrd()t 01w(tor':fete Swnwn,, Mary( . D.ivev, led(vr, Deane(ittle, Nrmette Hanko, Itet5v( rovvder, Kenneth Nitz e Goneral Nimm,twr:t (rai;;lintt m
tin
&-ligional Open _ ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-99-95
Meeting 99-17
July 14, 1999
AGENDA ITEM S _
AGENDA ITEM
Approval of Salary Adjustment and Meritorious Pay Award for the General Manager and
Approval of Amendment to General Manager's Employment Agreement
AD HOC BOARD APPOINTEE EVALUATION COMMITTEE'S RECOMMENDATIONS
1. As a result of the Board's evaluation of the General Manager's performance for the
period of March 10, 1998 through March 9, 1999 and compensation review for the
position, the Ad Hoc Board Appointee Evaluation Committee recommends a 5%
meritorious pay award based on the General Manager's current salary and a 6% salary
adjustment, inclusive of a 3% cost of living increase, retroactive to March 9, 1999.
2. Adopt the attached resolution amending the General Manager's Employment
Agreement to reflect an adjusted salary of$110,333.92 and a 5% meritorious pay
award totaling $5,204.43.
DISCUSSION
The Board conducted its annual evaluation of the General Manager's performance and
compensation for the position at its June 23, 1999 meeting. The Ad Hoc Board Appointee
Evaluation Committee, composed of Directors Cyr (Chair), Nitz, and Siemens, was instructed
to serve as the District's negotiator and was directed by the Board to meet with the General
Manager to review his compensation.
The Committee recommends, based on the General Manager's past performance and the
results of its local agency salary survey, that the Board approve a 6% salary adjustment for the
General Manager, retroactive to March 9, 1999, the anniversary date for his Employment
Agreement. The Employment Agreement called for an annual salary review and contemplated
a determination of an adjustment each anniversary date. Therefore a retroactive date for this
adjustment is appropriate. This salary adjustment includes a cost of living adjustment (COLA)
of 3%, as well as a salary adjustment of 3% to bring the position's total salary closer in line
with local agencies of comparable complexity. The attached salary survey for the General
Manager position (see attachment A) was completed in June 1999 and used by the Committee
in making its recommendation to the Board. The General Manager's adjusted salary would be
$110,333.92.
3 W Distel (::irde - Los Altos, ( A 940) 1404 - Phone: 650-691-1 200 w
r
FAX: 650-691-04£3.5 . F-mail mrosdt opensha<(�_org * Weh site:www.openspace.org
it ,rrcl n(()Iw(ton Pele Ied(yr, t)eane!i1Nr,Nonetie 11miko, Bei,w Crowder,Kenneth C. Nil/ .General A1,itmt!c i L c mill Britton
R-99-95 Page 2
Based on the Board's review of the General Manager's performance during the evaluation
period, the Committee recommends that a 5% meritorious pay award ($5,204.43) be granted
the General Manager. This award is not a salary adjustment, but rather is granted as a one-
time award in recognition for performance during his year of service from March 10, 1998
through March 9, 1999. The Board is very pleased with the General Manager's overall
performance during the past year. Significant accomplishments included: entering into a
contract to acquire the former Alma College property; completing a restructuring of the
Planning Department; completion of Operations Program Review report and ongoing progress
based upon the recommendation contained in the report; continued budget adherence to the 6%
growth guideline including Board approval of the definition of the growth guidelines;
acquisition of over 1,800 acres of public open space including $2.3 million in grants and gifts;
completion of the Regional Open Space Study; completion of the comprehensive review of the
District's Basic Policy; numerous presentations to public officials and groups including
meetings on the San Mateo coast; continued close association with POST as they acquired over
10,000 acres of open space land within the District and on the San Mateo County coast; and
worked on full funding for the federal L&WC grant program. Accomplished an additional
public borrowing that improved cash flow which provided an additional $21.5 million for open
space land acquisition; obtained $1.7 million in new grant funds; Measure "F" on the San
Mateo Coast passed by a 55% vote and the Coastal Advisory Committee was formed to make
recommendations on select District policies; developed and sheparded the District's legislation
program including introduction of AB 1578 (Cuneen) for District benefit; work on a new State
Park Bond Act for voter consideration in 2000; continued coordination with the Bay Open
Space Council and a continued excellent working relationship with both San Mateo and Santa
Clara County Parks Departments.
Submitted by:
Ad Hoc General Manager Evaluation Committee
(Directors Jed Cyr, Ken Nitz, and Pete Siemens)
Contact person:
Director Jed Cyr
RESOLUTION NO.
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING
1999-2000 SALARY ADJUSTMENT AND MERITORIOUS PAY AWARD
FOR THE GENERAL MANAGER AND APPROVING AMENDMENT TO
GENERAL MANAGER EMPLOYMENT AGREEMENT
WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District
entered into an Agreement, dated March 9, 1994, with L. Craig Britton, employing him as
the District's General Manager; and
WHEREAS, the Agreement provides for an annual review of the General Manager's
performance and an annual compensation review; and
WHEREAS, the Board has completed its annual review; and
WHEREAS, the Board desires to adjust the General Manager's compensation to
include a 6% salary adjustment, inclusive of a 3% cost of living increase, increasing his salary
to $110,333.92 per annum retroactive to March 9, 1999; and
WHEREAS, the Board, based on its annual review of Britton's performance, desires to
grant him meritorious pay of 5% or $5,204.43 over and above Britton's salary in recognition
of his outstanding performance during the previous year of service;
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the
Midpeninsula Regional Open Space District do authorize the President of the Board of
Directors to execute the attached Fifth Amendment to the General Manager Employment
Agreement on behalf of the Midpeninsula Regional Open Space District to increase the
General Manager's salary to $110,333.92 per annum based on a 6% salary adjustment,
retroactive to March 9, 1999.
BE IT FURTHER RESOLVED that the Board of Directors of the Midpeninsula
Regional Open Space District does grant the General Manager by adoption of this resolution
a 5% meritorious pay award in the amount of$5,204.43 over and above the General
Manager's salary for meritorious service in Fiscal Year 1998-1999.
Fifth Amendment to Employment Agreement
General Manager
WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District
entered into an Employment Agreement ("Agreement"), dated March 9, 1994, with L. Craig
Britton employing Britton as the District's General Manager; and
WHEREAS, the Agreement was last amended on July 8, 1998; and
WHEREAS, the Agreement provides for an annual review of the General Manager's
performance and an annual compensation review; and
WHEREAS, the Board has completed its annual review and desires to adjust the
General Manager's current compensation to include a 6% salary adjustment, inclusive of a 3%
cost of living increase, increasing his salary to $110,333.92 per annum retroactive to March 9,
1999;
NOW, THEREFORE, the parties agree that the Agreement shall hereby be modified as
follows:
1) Effective retroactively to March 9, 1999, Section 3(a) is hereby amended to read as
follows:
(a) Sa1w3c. As compensation for the services to be performed hereunder, Britton shall
receive a salary at the rate of$110,333.92 per annum. District's Board of Director's (the
"Board") shall review Britton's performance and salary annually.
It is further agreed that in all other respects the Agreement is hereby ratified and
reaffirmed.
In witness whereof, the parties have executed the Amendment this day of
1999.
By:
Jed Cyr, President L. Craig Britton, General Manager
General Manager Position - Salary and Benefits Survey, June 1999
Positions Sorted by Salary
(Comparable agencies and positions surveyed based upon Salary Survey completed by George Siepel in 1991,
with the exception of the Santa Clara County Open Space Authority,which was added this year.)
.. ...... . . .... ........ ........ .....
....... ......
...........
............................. ........................
... .......... ..... ..........
..... ... .......
......................................
X" ......... ... ....... ................................
...........
.... ... .. .... ......
........... .. ...... pj.g .............
... ... .... .. ... .... .......... ....... . ..........
0
a 0 .............. .,I,.,..,.,�*........'T
s
........... .... ............................... ........ .... ..............
............................
................. ......
.... .............
..........
.......... ................... ..............
................................. ...... ... ... ............
............................ .........
..... ................
.......... .... ...............................
.......... ....... ...................... ....................
................. ........... . ..............
................
................11-.......... .................... . ...... ......
.......... .. .... ....... ......-1-...........................
Santa Clara Valley Water
District * General Manager $ 167,139 13.85% $ 23,149 $ 190,288
Palo Alto City Manager $ 160,829 15.02% $ 24,157 $ 184,986
Sunnyvale City Manager $ 146,311 13.84%. $ 20,245 $ 166,556
East Bay Regional Park
District General Manager $ 141,787 8.55% $ 12,123 $ 153,910
Mountain View City Manager $ 141,544 7.00% $ 9,908 $ 151,452
Menlo Park City Manager $ 120,725 14.01% $ 16,914 $ 137,639
Los Gatos Town Manager $ 113,000 14.02% $ 15,839 $ 128,839
Los Altos * City Manager $ 112,228 13.21% $ 14,825 $ 127,053
MROSD,proposed General Manager $ 110,334 10.01% $ 11,044 $ 121,379
Director of Parks &
Marin County Open Space $ 106,756 15.31% $ 16,344 $ 123,100
Director of Parks &
San Mateo County Recreation $ 106,538 .20.00% $ 21,308 $ 127,846
Director of Parks &
Santa Clara County Recreation $ 105,728 14.00% $ 14,802 $ 120,530
MROSD, current General Manager $ 104,089 10.01% $ 10,419 $ 114,508
Santa Clara County Open
Space Authority General Manager $ 90,883 14.00%1 $ 12,724 $ 103,607
Monterey Peninsula
Regional Park District General Manager $ 84,000116.76% $ 14,078 $ 98,079
Salary Retirement Total
Average Salary/Benefits
(excluding MROSD) $ 122,8821 $ 16,647 , $ 139,530
Estimated
h:Hpeggy/staff/salary survey.xis
Regional
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-99-101
Meeting 99-17
July 14, 1999
AGENDA ITEM 5b
AGENDA ITEM
Approval of Meritorious Pay Award for the District Controller
AD HOC BOARD APPOINTEE EVALUATION COMMITTEE RECOMMENDATIONS
1. As a result of the Board's evaluation of the Controller's performance for Fiscal Year 1998-
1999, the Ad Hoc Board Appointee Evaluation Committee recommends a meritorious pay
award in the amount of$3,000.
2. Adopt the attached resolution granting a meritorious pay award totaling $3,000 for the
District Controller.
DISCUSSION
The Board conducted its annual evaluation of the performance of Mike Foster, the District
Controller, at its June 23, 1999 meeting. The Ad Hoc Board Appointee Evaluation Committee,
composed of Directors Cyr (Chair), Nitz, and Siemens, was instructed to serve as the District's
negotiator and was directed by the Board to meet with the Controller to review his compensation.
The Controller's Employment Agreement provides that the Board may grant the Controller a
meritorious pay award in an amount up to $3,000 based upon the Board's annual review of the
Controller's performance.
The Committee recommends, based on the Controller's performance in Fiscal Year 1998-1999, and
based on the Board's review of the Controller's performance during the evaluation period, that a
meritorious pay award in the amount of$3,000 be granted the Controller. This award is not a salary
adjustment, but rather is granted as a one-time award in recognition for performance during his
service in Fiscal Year 1998-1999. The Board is very pleased with the Controller's overall
performance during the past year. Significant accomplishments included: continued budget adherence
to the 6% growth guideline including Board approval of the definition of the growth guidelines, and
significant responsibility for the success of the $29,000,000 Midpeninsula Regional Open Space
District Financing Authority Revenue Bonds, an additional public borrowing that improved cash
flow, providing an additional $21.5 million for open space land acquisition and resulting in cost
savings.
Submitted by:
Ad Hoc General Manager Evaluation Committee
(Directors Jed Cyr, Ken Nitz, and Pete Siemens)
Contact person:
Director Jed Cyr
3 M Distel Circle » Los Altos, CA 94022-1404 - Phone: h50-091-1200
FAX- 050-091 0485 * L-mail mrosd(�openspace.otg - Web site:wwkv.openspace.( rg
Ln,rrtl w I)iw(tor,.fete'swinen� - tm' h1�iry C. I J,1�-eye, leti(�vr, Deane Littlr�, Nonett��f lanko, Reny Cro��der,Kenneth C. Nit/ m Gener,�l rblana�;e�r:t (r,�iti Rriiirxr
RESOLUTION NO.
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING A
MERITORIOUS PAY AWARI.' FOR THE DISTRICT CONTROLLER
WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District
entered into an Agreement, dated August 23, 1995, with Michael Foster, employing him as the
District's Controller; and
WHEREAS, the Agreement pro.,ides for an annual performance review of the
Controller's performance and an annual compensation review; and
WHEREAS, the Board has completed its annual review; and
WHEREAS, the Board, based on its annual review of the Controller's performance,
desires to grant him a meritorious pay award of$3,000 in recognition of his meritorious
performance during the previous year of service;
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the
Midpeninsula Regional Open Space District does grant the Controller by adoption of this
resolution a meritorious pay award in the amount of$3,000 over and above the Controller's
salary in recognition of his extraordinary performance during Fiscal Year 1998-1999, which
exceeded his regular and expected duti(",.
Regional
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-99-102
Meeting 99-17
July 14, 1999
AGENDA ITEM 5c
AGENDA ITEM
Approval of Salary Adjustment and Meritorious Pay Award for the District Legal Counsel and
Approval of Amendment to District Legal Counsel's Employment Agreement
AD HOC BOARD APPOINTEE EVALUATION COMMITTEE RECOMMENDATIONS
1. As a result of the Board's evaluation of the District Legal Counsel's performance for
Fiscal Year 1998-1999 and compensation review for the position, the Ad Hoc Board
Appointee Evaluation Committee recommends a 5% meritorious pay award based on
the District Legal Counsel's performance in Fiscal Year 1998-1999, a 5% salary
adjustment, consisting of a 2% salary adjustment and a 3% cost of living increase for
Fiscal Year 1999-2000, retroactive to April 1, 1999.
2. Adopt the attached resolution amending the District Legal Counsel's Employment
Agreement to reflect an adjusted part-time salary of$66,832.50 and a 5% meritorious
pay award totaling $3,182.50, an adjustment in vacation hours from 80 hours annually
to 90 hours annually, and redesignating the job title from "District Legal Counsel" to
"General Counsel".
DISCUSSION
The Board conducted its annual evaluation of the District Legal Counsel's performance and
compensation for the position at its June 23, 1999 meeting. The Ad Hoc Board Appointee
Evaluation Committee, composed of Directors Cyr (Chair), Nitz, and Siemens, was instructed
to serve as the District's negotiator and was directed by the Board to meet with the District
Legal Counsel to review her compensation.
District Legal Counsel's current 2/3 salary is $63.650 annually and is based upon a full time
salary figure of$95,000. The attached salary survey from 1997, although not current, shows
that figure is low for comparable positions (see Attachment A). The position had no COLA in
97-98 or 98-99. District Legal Counsel received a 5% meritorious pay award in September,
1998 for service in fiscal year 1997-1998. The Committee recommends, based on the District
Legal Counsel's performance in Fiscal Year 1998-1999 and the results of its last local agency
salary survey, that the Board approve a salary adjustment for the District Legal Counsel as
follows: a cost of living adjustment (COLA) of 3%, as well as a salary adjustment of 2%, to
bring the position's total salary closer in line with positions of comparable complexity in other
local agencies. The District Legal Counsel's adjusted salary would be $66,832,50, based upon
3 M Distel Circle ® Los Altos, CA 94022-1404 Phone: 650-691-1200
FAX: 650-691 0485 . L-mail: mrosd r1)openslm((,.org Web site:www.operispme.org
4of(t of 011coors:Pete swnwnti Mary C. [),Ivey,led( vr, Dc,ine Little, Nanette I imiko, BetSN Crowder, Kenneth C Nit/ m Genera!Man rger:L t r,w Brition
R-99-102 Page 2
an annual full time salary figure of$99,750. Based on the Board's review of the District
Legal Counsel's performance during the past Fiscal Year, the Committee also recommends
that a 5% meritorious pay award ($3,182.50) be granted. This award is not a salary
adjustment, but rather is granted as a one-time award in recognition for performance during
the year. The Board is very pleased with the District Legal Counsel's overall performance
during the past year. Significant accomplishments included:
REAL PROPERTY - Acquisitions: Negotiation of real property acquisition with Arlie Land
and Cattle Company and preparation of transactional documents and CEQA documents which
required working considerable excess hours and working during vacations, nights, weekends
and holidays for which she received no additional compensation; completed draft settlement
agreement, purchase agreement and related transactional documents for Russian Convent
property acquisition; Encroachment/Easements: Lawsuit filed and settlement reached in
Esperson - Rodrigues litigation involving tree-cutting and grading at Thornewood Open Space
Preserve. Lawsuit filed in Ireland encroachment case at Sierra Azul Open Space Preserve and
settlement reached. LITIGATION - People vs Diesel: Successfully prepared motion to dismiss
burdensome subpoena for broad categories of District records; Richard vs MROSD: Prepared
motion to oppose request to arbitrate share of road maintenance costs at Thornewood Open
Space Preserve; Obermayer vs MROSD: Successfully prepared two motions to dismiss lawsuit
regarding right of District and public to use Long Ridge Open Space Preserve Road and cross
it with trail system; Patterson vs Livermore: Prepared amicus letter in mountain bike
immunity case in support of Supreme Court review or removal of the case as legal precedent;
court removed case. PERSONNEL - Provided legal advice and drafted revised grievance,
discipline and evaluation policies; served as lead negotiator with union regarding these
policies; assisted in drafting internal affairs procedures for citizen complaints; provided advice
regarding several disciplinary and personnel matters involving represented employees; assisting
in recruitment and hiring of Research Attorney. COASTAL ANNEXATION - Provided
advice to Coastal Ad Hoc Committee and staff concerning legal requirements applicable to
annexation such as LAFCO and CEQA requirements; attended Coastal Advisory Committee
meetings and provided advice to staff regarding Committee formation and required legal
procedures, including Brown Act compliance; advised District regarding November, 1998
advisory election on Coastal annexation (e.g. District authority to conduct election, impartial
ballot analysis, election requirements, and ballot arguments). OTHER PROJECTS - Provided
advice regarding CEQA compliance for District projects and programs, including Regional
Open Space Study.
The Committee also recommends granting the District Legal Counsel's request to increase her
vacation hours from 80 hours annually to 90 hours annually. Lastly, on a non-monetary
matter, District Legal Counsel has requested redesignating the job title of her position. The
job title currently is "District Legal Counsel". From very small districts to very large districts,
R-99-102 Page 3
a common title for in-house legal counsel for a special district is "General Counsel". For
example, the attorneys for the Santa Clara Valley Water District, Marin Municipal Water
District and East Bay MUD are entitled "General Counsel" positions. (Perhaps this common
title arose to avoid confusion with the "District Attorney".) District Legal Counsel finds some
lack of clarity about this title when dealing with attorneys for other agencies and parties.
Other attorneys and agencies often call the position "General Counsel". No change in job
duties or salary is involved with this request. Future salary surveys for this position will be
based on positions in public agencies with similar job duties and levels of responsibility, not
similar job titles.
Submitted by:
Ad Hoc General Manager Evaluation Committee
(Directors Jed Cyr, Ken Nitz, and Pete Siemens)
Contact person:
Director Jed Cyr
RESOLUTION NO.
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT APPROVING A
SALARY ADJUSTMENT AND MERITORIOUS PAY AWARD FOR THE
DISTRICT LEGAL COUNSEL AND APPROVING AN AMENDMENT TO
DISTRICT LEGAL COUNSEL EMPLOYMENT AGREEMENT
WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District
entered into an Agreement, dated March 13, 1994, with Susan M. Schectman, employing her
as the District's Legal Counsel; and
WHEREAS, the Agreement provides for an annual review of the District Legal
Counsel's performance and an annual compensation review; and
WHEREAS, the Board has completed its annual review; and
WHEREAS, the Board desires to adjust the District Legal Counsel's compensation to
include a 5% salary adjustment, consisting of a 2% salary adjustment and a 3% cost of living
increase, retroactive to April 1, 1999, thereby increasing her salary to $66,832.50 per year;
and
WHEREAS, the Board, based on its annual review of Schectman's performance,
desires to grant her a meritorious pay of 5% or $3,182.50 over and above Schectman's salary
in recognition of her performance during Fiscal Year 1998-1999;
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the
Midpeninsula Regional Open Space District do authorize the President of the Board of
Directors to execute the attached Third Amendment to the District Legal Counsel Employment
Agreement on behalf of the Midpeninsula Regional Open Space District to increase the District
Legal Counsel's salary to $66,832.50 per year based on a 5% salary adjustment, retroactive to
April 1, 1999; increasing the District Legal Counsel's annual vacation hours from 80 hours to
90 hours and redesignating the title of the position to "General Counsel".
BE IT FURTHER RESOLVED that the Board of Directors of the Midpeninsula
Regional Open Space District does grant the District Legal Counsel by adoption of this
resolution a 5% meritorious pay award in the amount of$3,182.50 over and above the District
Legal Counsel's salary for meritorious service in Fiscal Year 1998-1999.
Third Amendment to Employment Agreement
District Legal Counsel
WHEREAS, the Board of Directors of the Midpeninsula Regional Open Space District
entered into that certain District Legal Counsel Employment Agreement ("Agreement"), dated
March 13, 1996, with Susan M. Schectman, employing her as the District's Legal Counsel; and
WHEREAS, the Agreement provides for an annual review of the District Legal Counsel's
performance and compensation; and
WHEREAS, the Board has completed its annual review and desires to adjust the District
Legal Counsel's current compensation; and
WHEREAS, the Board previously amended the District Legal Counsel Employment
Agreement on January 28, 1998;
NOW, THEREFORE, the parties agree that the Agreement shall hereby be further
modified as follows:
1. Section 5(A) is hereby amended to read as follows:
A. As compensation for services to be performed hereunder, Attorney shall receive a
salary at the rate of$66,832.50 per calendar year.
2. Section 5(H) is hereby amended to read as follows:
H. Attorney shall earn vacation and leave as set forth in the District's"Personnel
Policies and Procedures Manual" and"Administrative Leave Program for
Managers" pro-rated at 67% of applicable amounts, except that Attorney shall
receive 90 hours of vacation leave which shall be credited to Attorney's vacation
leave balance on January 1 st of each calendar year.
3. Section 1 is hereby amended to read as follows:
1. Designation of Legal Counsel Position.
Susan M. Schectman is appointed and employed as legal counsel for the District.
The designation of the position is General Counsel.
It is further agreed that in all other respects the District Legal Counsel Employment
Agreement is unmodified and shall continue in full force and effect.
In witness thereof, the parties have executed the Amendment this day of
. 1999.
MIDPENINSULA REGIONAL
OPEN SPACE DISTRICT
By:
Jed Cyr, President of the Susan M. Schectman, District Legal Counsel
Board of Directors
Date Date
ATTEST:
Peggy Coats, District Clerk
COMPARABLE INFORMATION Info current as of 4/22/97
LEGAL COUNSEL
AGENCY JOB TITLE ANNUAL
SALARY RANGE
EBRPD District Counsel $78,068-$99,624 Full Time
Cheryl Miller Incumbent $100,800 Annual
510-635-0135 X2152
Los Gatos Town Attorney Contracted
Carla Turner
408-354-6829
Marin County Chief Deputy County Counsel $108,888 Full Time
Sheryl Lindquist
415-499-6104 Principal u County Counsel $103 728
Maria Water District General Counsel $52,000 3 days/week, 40 hrs/Mo.
Barbara Cooper Any hours over 40 are billed at
415-924-4600 X295 $110/hr. $300/mo billed to
attorney for office admin etc.
Mountain View Assistant City Attorney $63,55e 649,440
Darlene/Sharon Aochi Senior Assistant City Attorney $70,044-$87,552
415-903.6309 City Attorney $115,368 City Attorney appointed at flat
rate.
MROSD LEGAL COUNSEL ,
Palo Alto Asst. City Attorney '$8t,t6i Start at this rate and receive a
Jennifer Card Sr. Asst. City Attorney $94,494 COLA each year. ,b
415-329-2427 City Attorney $114 316 rr
LQ rr
San Jose Deputy City Attorney �'
Alex Gurza Senior Deputy City Attorney $92,812-$112,794 '-
408-277-4486 Chief Deputy City Attorney $102,312-$124,361 0 @
rn .'J
rr
San Mateo County Deputy County Counsel
Tim Sullivan Asst. County Counsel $97,416 -$115,164
415-363-4336 County Counsel $100,260-$118,524
COMPARABLE INFORMATION Info current as of 4/22/97
Santa Clara Valley Water Dist Assistant General Counsel $73,257 -$93,776
Teri Manes General Counsel $122,575 Flat Rate determined by Board
408-265-2607 X2290
Santa Clara County Chief Deputy County Counsel $117,312 Mid-point salaries. Can fluctuate
Carol Smith Chief Asst. County Counsel $130,908 up to 12.5% up or down.
408-299-3617 County Counsel $143,916 Flat Rate for County Counsel.
Incumbent County Counsel-Santa $109,000
Clara OSA
City of Sunnyvale Assistant City Attorney Low end numbers were attained
Tammy Parkhurst Sr. Asst. City Attorney $74,343 -$90,552 by figuring 82.1% of the high
408-730-7498 City Attorney $99,502-$121,196 number.
City of Cupertino City Attorney $117,204 Appointed by City Council. Flat
Jill Lopez Rate.
408-777-3200
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Regional Open ., . .ice
1
R-99-105 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Meeting 99-17
July 14, 1999
AGENDA ITEM 6
AGENDA ITEM
Authorization to Retain Johnson& Associates, Human resource Consultants, to Conduct a
Classification, Compensation, and Benefits Study
GENERAL MANAGERS RECOMME ATI
Authorize the General Manager to execute an agreement, as approved by District Legal Counsel,
with Johnson& Associates, Human Resource Consultants, in the amount of$29,500 to conduct a
classification, compensation, and benefits study for all District positions, and further authorize a
contingency of$2,950 (10% of the contract amount), if necessary for additional tasks to complete
the project as determined by the General Manager.
DISCUSSION
Background
At your meeting of March 26, 1997 (see report R-97-49), you approved a Memorandum of
Agreement with SEIU Local 715 which included a side letter agreement stating the following:
By September 30, 1999, the District will provide the Union with a third party compensation
analysis of bargaining unit positions based on updated job descriptions. The study will be
considered as part of the discussions between the District and the Union in negotiations on the
next successor Agreement after the expiration of the term of this Agreement.
The District last conducted a third-party classification, compensation, and benefits study in 1992,
which included office, supervisory, and management positions but did not include bargaining unit
positions. A review of the bargaining unit positions will be the first priority of this proposed
study. However, in light of the economic changes that have occurred over the last several years,
and the recent reorganization and restructuring of several office, supervisory, and management
positions, all District positions are proposed to be included in this current study.
Selection of Consultant
Requests for proposals were sent out in early April, and no responses were submitted. The
feedback received indicated that timing was the primary problem, as a result of other work
commitments. A second request for proposals, with modified due dates, was then issued and two
responses were received.
After interviewing both consulting firms, and reviewing their proposals, references, and work
samples, staff recommends that Johnson& Associates be retained to conduct the classification,
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.Cram Britton
........... ...
R-99-105 Page 2
compensation, and benefits study. Although Johnson& Associates is the more expensive of the
two proposals($29,500 compared to $20,725), their proposal offers more on-site visits(five
compared to three), and their consulting staff has more experience in the California labor market
(the other firm was based in Texas). In addition, staff feels that Johnson& Associates consultants
will be able to work well with District staff.
Staff reviewed the proposed selection of the consultant with the Administration and Budget
Committee at their meeting on July 1, 1999. The committee concurred with staffs
recommendation.
Scope of Project
The scope of the project will include: verifying and defining the District's compensation and
benefit program philosophy; analyzing the District's benefits program; analyzing and reviewing
job titles and job descriptions of employee positions to ensure consistency with responsibilities;
defining and surveying the relevant labor market; and reviewing the existing position classification
and compensation plan and recommending changes as needed. The project will include the
following tasks:
Phase I - Classification
The consultants will meet with appropriate District representatives to review and finalize the
subsequent tasks to be accomplished, specific end products, and a project timetable for
satisfactory completion of the overall assignment.
The consultants will conduct employee briefings to explain the purpose of the study and the
process involved, and to distribute job analysis questionnaires.
Employees will complete job analysis questionnaires, describing their duties and
responsibilities. The completed questionnaires will be reviewed by supervisory and/or
management staff for completeness and accuracy.
The consultants will conduct an analysis of the completed questionnaires and interview
employees.
The consultants will prepare draft classification and job description recommendations, subject
to management review and an employee review process.
Phase II - Compensation and Benefits
The consultants will review and confirm the District's comparable labor market agencies.
The consultants will collect salary and benefit survey data from the comparable agencies.
The consultants will analyze the survey data and present initial salary and benefit
recommendations to management staff.
The consultants will prepare and present the final compensation report to the Board.
The study is expected to take approximately three to four months, and should be completed no
later than November 30, 1999. Although the side letter agreement stipulated September 30,
1999 as the due date for completion of the project, the unexpected difficulty in hiring a consultant
will delay the project for up to two months. David Michelfelder, Field Representative for SEW
R-99-105 Page 3
Local 715, has been apprised of the situation and has stated that Local 715 is agreeable to
postponing the due date.
Budget Implications
Funding for this project in the amount of$33,000 is included in the Administration Program
budget. Although budgeted at $33,000, the contract amount for the classification, compensation,
and benefit study is $29,500, plus a contingency of$2,950. It is staffs intention to complete the
project within the $29,500 contract amount. Use of the contingency funds may be necessary if
additional on-site visits by the consultants are needed to meet with staff or the Board.
Prepared by:
Deirdre Dolan, Administration&Human Resources Manager
Contact person:
Same as above
Regional Open & ace
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-99-104
Meeting 99-17
July 14, 1999
AGENDA ITEM 7
AGENDA ITEM
Approval of Amendment to Lease - Office Space with Alzheimer's Association for Distel
Enterprise Office Space
GENERAL MANAGER'S RECOMMENDATION
Authorize the President of the Board of Directors to execute the Amendment to Lease - Office
Space with Alzheimer's Association for the Distel Enterprise Office Space. The General Manager
and Board President are further authorized to approve any minor corrections or grammatical or
technical revisions to the attached Amendment, which do not involve a change to a material term,
subject to the approval of District Legal Counsel.
DISCUSSION
In June 1994, the District entered into a five-year Lease with Alzheimer's Association for the
tenant space at the Distel office building (approximately 3,500 s.f.). Because Alzheimer's
Association staff has outgrown their existing office space, they decided not to exercise their
option for an additional five-year lease term. The term of the current lease expires on July 31,
1999. Coincidentally, District staff has also outgrown its office space and is planning to expand
into a portion of the office space currently occupied by Alzheimer's Association.
Alzheimer's Association has requested an extension of the lease term to provide additional time to
relocate to a larger office space. District staff and Alzheimer's representatives have agreed to a
six month lease extension running from August 1, 1999 until January 31, 1999, and an increase in
the monthly rental rate from $5,118 to $8,750 effective August 1, 1999 until the end of the
extended term. The increased amount of$2.50/s.f. represents fair market value for office space in
this location and in its present condition. During the six month lease extension, District staff will
complete the planning for the District's proposed office expansion, and solicit a new Distel
Enterprise tenant. These items would return to you for approval at a later date.
Prepared by:
Michael C. Williams, Real Property Representative
Contact Person:
Same as Above
330 Distel Circle . Los Altos, CA 94022-1404 . Phone:650-691-1200
FAX:650-691-0485 . E-mail:mrosd@openspace.org . Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C.Davey,led Cyr,Deane Little,Nonette Hanko,Betsy Crowder,Kenneth C.Nitz -Genera!Manager:L.Craig Britton
AMENDMENT TO LEASE - OFFICE SPACE
The following terms and conditions are hereby incorporated in and made a part of the Lease -
Office Space ("Lease") entered into by and between Midpeninsula Regional Open Space
District("Lessor") and the Alzheimer's Disease and Related Disorders Association("Lessee")
dated June 22, 1994 for the office space located at Suite 110, 330 Distel Circle, Los Altos,
California, 94022. .
The Lease is amended as follows:
1. Section 3(b) TERM AND OPTION TO RENEW: Section 3(b) of the Lease
shall be deleted in its entirety and shall be replaced with the following language: The term of
this lease shall be extended for an additional six(6)months after the original termination date
of July 31, 1999. The 6 month extended term shall commence on August 1, 1999, and end at
5:00 p.m. on January 31, 2000.
2. Section 4 RENT: Monthly rent during the 6 month extended term shall be
increased from $5,118.13 per month to $8,750.00 per month effective August 1, 1999.
The foregoing terms and conditions are hereby agreed to, and the undersigned acknowledges
receipt of a copy of this document. In all other respects, all other terms and conditions of the
Lease remain in full force and effect unamended.
LESSOR: LESS
MIDPENINSULA REGIONAL OPEN ALZHEIMER'S ASSOCIATION
SPACE DISTRICT
APPROVED AND ACCEPTED: By:
Date:
Jed Cyr, President, Board of Directors
Date:
ATE:
District Clerk
Date:
Regional
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-99-94
Meeting 99-17
July 14, 1999
AGENDA ITEM 8
AGENDA ITEM
Denial of a Claim Submitted by Paul and May Koski for Contribution From the District for Culvert and
Driveway Repairs.
DISTRICT LEGAL COUNSEL'S RECOMMENDATION
Deny the claim against the District filed by Paul and May Koski.
DISCUSSION
Paul and May Koski filed a claim on June 7, 1999 against the District for contribution to the cost of
constructing a new culvert and driveway across Regnart Creek. At this location, the District and the Koskis
share an easement for ingress and egress providing access to their home and to the District's Fremont Older
Preserve. After the old culvert and roadbed were destroyed in the storms of February 2nd and 3', 1998, the
Koskis arranged for the installation of the new culvert and driveway. They asked for reimbursement of fifty
percent (50%)of their total costs which they calculate to be approximately $81,118. A copy of the claim is
attached to this report.
There is no maintenance agreement covering the respective parties' obligations to repair and maintain this
easement. Civil Code §845 sets forth both the procedure and the substantive rules for apportionment of costs
in the absence of a written agreement. These costs are generally shared in proportion to actual use. Staff
views District use of the easement area as considerably less than 50%. The Koskis and staff have thus far
been unable to agree upon an appropriate apportionment of maintenance costs. Staff will continue to be
available to work with the Koskis towards a mutually acceptable division of these costs.
The Government Code requires that claims for damages be presented to a public agency within six months of
the incident. The District then has 45 days to determine whether to approve or deny the claim. Upon denial
of a claim, a claimant has six months to determine whether to proceed with legal action. Staff will remain
available to the Koskis to see if this issue can be resolved without resort to litigation.
District Legal Counsel has reviewed the claim and recommends that it be denied.
Prepared by.
Duncan M. Simmons
Research Attorney
Contact Person:
Same as above
3 30 Dislel Circle + Los Altos, C A 94022-1404 - Phone: 650 h9"1-1 200
FAX: 050-091-0485 - L-mail: mrosd(()openspace.org - Web site:www.openspa(e:.org
Ho,al w Uir<q lors-Pete`dement 11arq C Oavey,led( }a, 1)ea1 e l ittle, Nonette H.iiiko, Bet, C reeleter, Kenneth Nit 1d11.1 car t ( rair;(iriII )tI
CLAIM AGAINST MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Please return to District Clerk, 330 Distel Circle, Los Altos, CA 94022
Complete the following, adding additional sheets as necessary. AM 7
1. CLAIMANT'S NAME (print)-- Gk S 1
2. CLAIMANT'S ADDRESS: a CU ppwi0�
(Street or P.O. B6i Number - City - State -'Zip Code)
HOME PHONE: N 0 S) _a 5 5 _H 5 C WORK PHONE: (,rog)
3. AMOUNT OF CLAIM:
A. IF AMOUNT CLAIMED IS LESS THAN $10,000:
Estimate amount of total damage or loss:
Attach copies of bills, estimates and other documents showing how you computed the amount
of your claim.
B. IF AMOUNT CLAIMED IS MORE THAN $10,000, INDICATE WHERE JURISDICTION
RESTS: Municipal Court Not kn4 W n , AS k y
Superior Court OVIAJ� � have rovie
P to���c Sz� tb 1 o n tY VGrsC �c�e
mull+ of b; ►is, CO MCC-&
4. ADDRESS TO WHICH NOTICES S ame C1 S o� Ye ► a^ '�+� -� ���rncx
ARE TO BE SENT, IF DIFFERENT (Name)
FROM LINES 1 AND 2 (PRINT)
(Street or P.O. Box Number)
++ (City - State - Zip Code)
5. DATE OF INCIDENT: l I - TIME OF INCIDENT:
LOCATION OF INCIDENT: a a,0 AS Rea r�r+- �R 0al C nn r f�
6. DESCRIBE THE INCIDENT OR ACCIDENT UPON WHICH THIS CLAIM IS BASED
INCLUDING YOUR REASON FOR EELS;DIG nLkT THE DISTP:CT IS LIABLE FOR :'OUR
DAMAGES:
nmRosD hcs -�k led #o 4 \-R t t 4v\e r te3o l msPo rsi bi t i+y Gs a J o i rn+
ec�semen�- V c01M_r Qr -the eyn e,`` oC0. a+ aaoa� t�e�rx,�r t l?o ti
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ak �11�e, nearb M&d mew _ ar\&Wc`s b
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=Ickcc�
m l' (3s c) �U)- 1n a l t t'1'\e to a 1 .( cos-'r 1 n{��`�'� a Y\a 0 ye-
7. DESCRIBE ALL DA ME OR LOSS WHICH YOU BELIE YOU HAV
E INCURRED OR WILL
INCUR AS A RESULT OF THE INCIDENT: WC e�x Peck' mQOSO A-v c y,�a ock u s -( ,,�
50% of atl enc pe�nSa-S ►+S kd h�,tow win►ch We 4 0, 0'4rtad eoc or a.r- �•
�C,er,sfirvc ;on- (�ianchi Co Zrcor a�cd 53, g4- Oro
a)Eng�neenrtJ cleS:gr1 t Su�eYU��,ors - Eec.leS E►��+ne r8� i I 1 i► . 3`]
3� :reenr\o Gor�S.?1} -�lt�n — �x.�rrte� W1,ee�er l3$,oU
�� CY C �+i v.C� e n vrc a c.h me n rE Pe�rw+tit, -t p ion h Gtnec k- C-e e �Q y 6 0,CFO
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c s c a-`fie. re v> S f w oolw -6va,cA+-J czrtl�,� cam,an — 4,5 o 0,cro
MCL XAS�i'S 4+ o�ai ninoJ 1 e,�ivn5� t�neriri oL�5C�.Sc�
L$ �(]
Qn relricw ' Q
NAMES OF PUBLIC EMPL Y�E(S) YOU CLAIM CAUSED THE DAMAGES, IF KNOWN:
Signature of Claimant Date
Note: Any person who, with intent to defraud, presents any false or fraudulent claim may be punished by
imprisonment or fines or both. Penal Code §72.
Note: Claims must be filed within six months of incident. See Government Code Section 911.2
C (0 CCY4i nv-esk) i r rn Ccs S , V�
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Regional fl ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-99-103
Meeting 99-17
July 14, 1999
AGENDA ITEM 9
AGENDA ITEM
Application to Santa Clara County Transportation Enhancement Fund Program to Acquire
Addition to Bear Creek Redwoods Open Space Presery (Peninsula Open Space Trust
Property)
GENERAL MANAGER'S RECOMMENDA'I'ION �
1. Adopt the attached Resolution of the Board of Directors of the Midpeninsula Regional
Open Space District Approving the Application to the Santa Clara County
Transportation Enhancement Fund Program
DISCUSSION
The District is considering applying for a $500,000 matching grant from the Santa Clara
Valley Transportation Authority (VTA) to help acquire the 805-acre Peninsula Open Space
Trust (POST) property as an addition to Bear Creek Redwoods Open Space Preserve. The
property is located in unincorporated Santa Clara County approximately 3.5 miles southwest of
the Town of Los Gatos. Currently leased and managed by the District, the property provides
extremely important scenic backdrop to State Highway 17 and Bear Creek Road, both
designated as County scenic roads. In addition, the site provides a close-in recreation
experience that will reduce travel time for Santa Clara County residents seeking hiking
opportunities in a redwood forest.
The property is part of a complicated and lengthy acquisition project whereby the District has
approved the $15 million acquisition of the lower 260-acre property and a lease and
management agreement on the upper 805-acre POST property for up to five years. The
District and POST are seeking an additional $10 million to acquire and protect this property as
public open space and have already raised approximately $3 million in private donations.
Partial funding for this acquisition is being requested from the Santa Clara County
Transportation Enhancement Program, sponsored by the Santa Clara Valley Transportation
Authority (VTA). Program funds are derived from the first cycle of Transportation Equity
Act for the Twenty-first Century Transportation Enhancement Funds (TEA-21). There is $1.5
million available for Santa Clara County projects.
The purpose of the program is to provide funds for transportation-related capital improvement
projects that enhance quality-of-life by improving transportation choices and built-in
environment around transportation facilities in Santa Clara County. Transportation
)'0 [>ict(,l Circle * to,,Alto ,, CA 94022-1404 Phone: 050-091-1200
FAX: 050-091 048i # E-mnil: mrosd1oopenspa(e.org Wei)site: www.openspace.ors v,
/;'uld w t 1w(tors t 5ieme°m ti1ar� ( �'ete Oacey, It'i3 C_yr, Deane Little, Vrrnctte H,u7ko, 1305y Cro%tider, Kenneth t , Nil/ . (;enwr,il Rri!I(xi
R-99-103 Page 2
enhancement projects may include acquisitions to protect the environment and provide a more
aesthetic, pleasant, and improved interface between the transportation system for the
communities and people adjacent to transportation facilities.
The funds are available for projects in twelve categories. The addition to Bear Creek
Redwoods Open Space Preserve falls into the following two categories.
1. Facilities for pedestrians and bicycles.
2. Acquisition of scenic easements and scenic or historic sites.
The deadline for submittal of applications is July 16, 1999 and the project must be under
contract by September 30, 2001. A local match of 11.5% of the total project cost must be
provided by non-federal. sources. The projects will be evaluated by a Transportation
Enhancements Scoring Committee composed of representatives of the 15 cities and the County
of Santa Clara., VTA staff and community representatives from the VTA's Citizen's Advisory
Committee.
CEOA Compliance
Acquisition of this property has previously been determined to be Categorically Exempt under
Article 19 of the State Guidelines (Class 1: Minor alterations to existing structures; Class 4:
Minor alterations to land; Class 16: Transfer of ownership of land to create parks; Class 17:
Open space contracts or easements; Class 25: Transfer of ownership of interest in land to
preserve open space). This action was taken at your March 10, 1999 meeting (see report R-
99-07).
Prepared by:
Del Woods, Senior Acquisition Planner
Contact person:
Same as above.
RESOLUTION NO.
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE
COUNTYWIDE TRANSPORTATION ENHANCEMENT PROGRAM
FOR THE FOLLOWING PROJECT:
ADDITION TO THE BEAR CREEK REDWOODS OPEN SPACE
PRESERVE (PENINSULA OPEN SPACE TRUST) ACQUISITION
WHEREAS, Congress and the President of the United States has enacted the
Transportation Equity Act of the Twenty-first Century, which provides funds to the State of
California for grants to local agencies to acquire and/or develop facilities for transportation
enhancement purposes; and
WHEREAS, the Santa Clara Valley Transportation Authority has been delegated the
responsibility for the administration of a portion of the program within the County, setting up
necessary procedures governing application by local agencies under the program; and
WHEREAS, said procedures established by the Santa Clara Valley Transportation
Authority require the applicant to certify by resolution the approval of application before
submission of said application to the County; and
WHEREAS, said application contains assurance that the applicant must comply with;
and
WHEREAS, the applicant will enter into an agreement with the California
Transportation Agency of the State of California for acquisition of the project;
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors hereby:
1. Approves the filing of an application for the Santa Clara Countywide Transportation
Enhancement Program under the Transportation Equity Act of the Twenty-first Century
for the above project; and
2. Certifies that said applicant understands the assurances and certification in the
application form; and
3. Certifies that said applicant has or will have available prior to commencement of any
work on the project included in this application, the required match; and will have
sufficient funds to operate and maintain the project; and
4. Appoints the General Manager as agent of the District to conduct all negotiations,
execute and submit all documents, including, but not limited to applications,
agreements, amendments, payment requests and so on, which may be necessary for the
completion of the aforementioned project.
Regional Open L. .ice
J
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
R-99-106
Meeting 99-17
July 14, 1999
AGENDA ITEM 10
AGENDA ITEM
Approval of Resolution Providing that Board Members Not Otherwise Eligible for an Employer-Paid
Group Medical or Dental Plan May Participate in Those an vailable to District Employees at the
Board Member's Own Expense
GENERAL MANAGER'S RECOMMENDATION
Approve the attached resolution providing that Board members not otherwise eligible for an employer-
paid or partially employer-paid group medical or group dental plan,or both,may participate in any of
those plans available to permanent employees of the District, at the Board member's own expense.
DISCUSSION
At the request of Director Little, staff has researched the potential for enabling District Board members
to participate in one of the medical and/or dental plans available to District employees, if that Board
member is not otherwise eligible for an employer-paid medical and/or dental plan.
Section 5536(b)of the California Public Resources Code Section 5500, et seq. (the District's enabling
legislation), states in part that"...the board may provide,by ordinance or resolution, that each of its
members not otherwise eligible for an employer-paid or partially employer-paid group medical or group
dental plan, or both, may participate in any of those plans available to permanent employees of the
district on the same terms available to those district employees or on terms and conditions as the board
may determine."
Regular, full-time District employees may currently participate in one of two medical plans and a dental
plan at no cost to the employee.Regular,part-time employees must pay a pro-rated share of the cost of
medical and dental coverage. It seems appropriate that a Board member wishing to participate in the
District's medical and/or dental plans sign an affidavit specifying that he or she is not eligible for any
other employer-paid medical and/or dental plan.
I would expect that eligible Board members who elect to participate would pay the full cost of coverage
in the plan they choose; otherwise, Board compensation may become an issue. Accounting staff analyzed
the feasibility of an eligible participating Board member making the plan payments by way of an offset
of the member's compensatory meeting payments. Staff feels that this would be problematic from an
accounting standpoint, and it is therefore recommended that any participating Board member make
monthly plan payments directly to the District.
Prepared by:
Deirdre Dolan, Administration&Human Resources Manager
Contact person:
L. Craig Britton, General Manager
330 Distel Circle . Los Altos, CA 94022-1404 . Phone:650-691-1200
FAX:650-691-0485 . E-mail:mrosd@openspace.org . Web site:www.openspace.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
Resolution No.
Resolution of the Board of Directors of the
Midpeninsula Regional Open Space District
Authorizing Board Members Who Are Not Otherwise Eligible for
an Employer-Paid Group Medical or Dental Plan to Participate,
at Their Own Expense, in Such Plans Available to District Employees
Whereas, Section 5536 (b) of the District's enabling legislation (California Public
Resources Code Section 5500, et seq.) states in part that "...the board may provide, by
ordinance or resolution, that each of its members not otherwise eligible for an employer-
paid or partially employer-paid group medical or group dental plan, or both, may
participate in any of those plans available to permanent employees of the district on the
same terms available to those district employees or on terms and conditions as the board
may determine;" and
Whereas, regular, full-time District employees may currently participate in one of two
medical plans and a dental plan at no cost to the employee, and regular, part-time
employees must pay a pro-rated share of the cost of medical and dental coverage; and
Whereas, providing the opportunity for eligible Board members to participate, at their
own expense, in any of those medical and/or dental plans available to regular employees
of the District is a reasonable and fair arrangement to the benefit of the Board member, at
no cost to the District.
Now, Therefore, Be It Resolved that the Board of Directors of the Midpeninsula
Regional Open Space District does hereby authorize any Board member not otherwise
eligible for an employer-paid or partially employer-paid group medical or group dental
plan, or both, and who signs an affidavit indicating that he or she is not eligible for any
other employer-paid or partially employer-paid medical and/or dental plan, to participate,
at their own expense, in any of such plans available to regular employees of the District.
J
Claims No. 98-14
Meeting B9-17
Date: July 14. 1998
Revised
K8|OPEN|NSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
6811 549.86 Acme& Son's Sanitation Sanitation Services
8812 303.81 A[)T Security Services Alarm Services
6013 95.64 All Laser Service Fax Machine Service
8814 395.42 All Premium Sportswear Docent T-shirts
6815 54.00 °1 American Red Cross First Aid C|oeo-C. Sparks Hart
6816 58.45 Arna' 8ign & Decal Helmet Decals
0817 45.56 AT&T Telephone Service
6818 189.82 AdenhLaminoting Lamination Supplies
6819 67.84 Bailey's Safety Equipment
8820 29.15 Bay Area Air Quality Management District Permit Fee
6821 2.876.59 Brian KangaaFou|k Appraisal Services
6822 9.85 Cabe|a's Uniforms
8823 850.00 California Department of Fish &Game Water Rights Permit
6824 188.86 California Water Service Company Water Service
6825 9.47 Coastal Ford Tractor Tractor Parts
8826 105.83 Cole Supply Company Janitorial Supplies
8827 44.02 Contemporary Engraving Signs
6828 225.00 Colorado State University Class RegimtnaUon-W1. deBeauvienes
6829 35.35 Connpex Legal Services
6830 323.18 Continuing Education of the Bar Law Library Updates
6831 128.88 CootcoVVho|eno|e Kitchen &Volunteer Recognition Supplies
6832 214.00 °2 Co. of San Mateo Planning Department Purioinno Creek-Grading Permit Exemption
6833 5.283.14 O & K8 Consulting Engineers, Inc. Geotechnico| Serv|oam-FEK8AProjects
6834 843.31 Department of General Services Procurement Fees
8835 287.76 Film ToFrame Film Processing
6836 441.68 Firestone Tire & Service Centers Vehicle Repairs
8837 1.122.00 First American Title Company Escrow&Title Fees
0838 24.06 Foster Brothers Security Systems, Inc. Key Duplication &Tags
8839 41.89 Franciscan Glass Co.. Inc. Window Repoip-EnterpheeRental
6840 55.31 G & KServices Shop Towel Service
0841 425.50 (]anden|and Power Equipment Field Supplies
0842 158.77 G. P. Sports ATV Parts
6843 2.387.02 Green Waste Recovery, Inc. Dumpob*rServioe
6044 187.43 GTE Wireless Cellular Phone Service
6845 1.771.00 Gavin Hoban G|8 Database Consultant
6846 328.70 HYWB Bldg. &Garden, Inc. Storm Damage Repair Supplies
8847 127.74 Linda Hyman Reimbursement--Uniform Boots
6848 1.064.50 Irvine &Cooper Legal Services
6848 380.32 Jodi Isaacs Vehicle Expense& Film Reimbursement
6850 600.00 Fnanh|oidono Equipment Contractor
8851 400.00 Tamara Kan Consulting Sen/i000-VVmberRights
6852 935.20 Lanier Worldwide, Inc. Copier Lease
8853 19.236.49 °3 Laoher Auto Center New Patrol Truck
8854 1.686.72 Lucent Technologies Phone Maintenance& Purchase
6855 528.73 °4 Lucky Volunteer Recognition Event Food Trays
6856 975.00 K8anwinA. Mace Acquisition Consultant
Page I
Claims No. 99-14
Meeting 99-17
Date: July 14, 1999
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
6857 138.88 MCI WorldCom Phone Service
6858 50.88 Jennifer Menk Reimbursement--Uniform Supplies
6859 58.46 MetroMobileCommunications Radio Chargers
6860 1,451.72 Micro Accounting Solutions Computer Consulting & Products
6861 52.05 Minton's Lumber& Supply Field Supplies
6862 135.60 National Fire Fighter Corp. Fire Equipment Supplies
6863 117.17 News Duplicating Service News Clips Copy Service
6864 336.00 North American Title Company Title& Escrow Services
6865 82.90 Office Helper Products Office Supplies
6866 1,399.67 Pacific Bell Telephone Service
6867 286.85 Loro Paterson Reimbursement--Uniform Supplies
6868 186.16 Pearson GMC Vehicle Repairs
6869 308.98 Peninsula Blueprint Printing Services
6870 297.41 PIP Printing Printing Services
6871 7,800.00 Popish Appraisal &Consulting Appraisal Services
6872 255.64 Pitney Bowes Credit Corporation Postage Meter Lease
6873 61.46 Powerland Equipment, Inc. Equipment Parts
6874 12.28 Precision Engravers, Inc. Name Tags
6875 68.71 Pringle Tractor Company Tractor Parts
6876 12.72 Rancho Cobbler& Cleaners Uniform Supplies
6877 1,000.00 Tom Randall August Rent per Agreement
6878 34.13 Rayne Water Conditioning Water Service
6879 497.95 The Recorder Subscription Renewal
6880 1,911.61 Redwood Lumber&Supply Company, Inc. Redwood Siding for Red Barn Repairs
6881 166.72 Rich's Truck Tire Service Tire Service
6882 1,220.00 Rimrock Communications Field Supplies
6883 30.11 Royal Brass Inc. Tractor Fittings
6884 1,524.86 Roy's Repair Service Vehicle Maintenance& Repair
6885 541.22 Russ Enterprises, Inc. Signs
6886 355.80 San Francisco Newspaper Agency Recruitment Advertisement
6887 44.00 Santa Clara County Sheriff Fingerprinting Services
6888 2,895.00 Santa Rosa Junior College Law Enforcement Training Academy
6889 170.06 Second Cup Business Meeting Expense
6890 160.00 Robert Kelly Seitz Haz Mat Training Instructor
6891 160.60 Shell Oil Company Fuel
6892 235.26 Signs of the Times Signs
6893 276.07 Skyline County Water District Water Service
6894 1,200.00 Slaght Living Trust August Rent--Ranger Residence
6895 280.91 Malcolm Smith Vehicle& Supply Reimbursement
6896 500.00 Sterling Underground Construction Deer Hollow Farm Septic System Repairs
6897 112.59 Summit Uniforms Uniforms
6898 485.00 *5 Sun Valley Tree Care Tree Removal Service
6899 71.00 Swift Attorney Services Legal Courier Service
6900 390.93 Therma Corp. HVAC Maintenance Service
6901 1,500.00 Grant Thornton Auditor
6902 6,405.05 2M Associates Coastal Annexation Study Consultant
Page 2
Claims No. 99-14
Meeting 99-17
Date: July 14, 1999
Revised
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
6903 346.40 United Rentals Equipment Renial
6904 2,000.00 United States Postal Service Postage
6905 8.15 *6 UPS Parcel Post Service
6906 6.90 *7 UPS Parcel Post Service
6907 110.36 Douglas Vu Vehicle Expense
6908 2,075.91 West Coast Litho& Imaging Annual Report Printing
6909 142.62 West Group Payment Center Law Library Database Charges
6910 658.89 Wheelworks Tires
6911 300.00 Roberta Wolfe Recording Services
6912 200.00 Woodside& Portola Private Patrol Secure Gates--Windy Hill Parking Lot
6913 31.93 The Workingman's Emporium Uniforms
6914R 3,459.67 Advanced Mobile Communications Radio Equipment
6915R 1,249.50 Architectual Resources Group Site Assessment Consultant--Bear Creek
6916R 125.00 Camino Medical Group Medical Services
6917R 369.70 California Water Service Water Service
6918R 221.61 Cascade Fire Equipment Company Fire Pumper Parts
6919R 60.00 Dalmation Courier Courier Service
692OR 103.90 Dennis Danielson Reimbursement--Field Supplies
6921 R 4,800.00 Durham Construction Company Enterprise Rental Repairs--ECM OSP
6922R 354.75 Federal Express Express Mail Service
6923R 26.76 Home Depot Office Supplies
6924R 403.08 Kinko's Printing &Copy Services
6925R 133.64 Los Altos Garbage Company Dumpster Service
6926R 224.36 MetroMobileCommunications Radio Repairs
6927R 363.16 Moffett Supply Janitorial Supplies
6928R 3,291.75 Murray & Murray Legal Services--Thornewood Encroachment
6929R 687.07 Office Depot Office Supplies
6930R 745.91 Orchard Supply Hardware Field Supplies
6931 R 283.94 Powerland Equipment, Inc. Mower Parts
6932R 1,737.87 Eric Remington Wildlife Survey Consultant
6933R 613.44 Roy's Repair Service Vehicle Maintenance & Repair
6934R 906.59 Teater& Etc. Mapping Services
6935R 67.55 West Coast Rebar Co., Inc. Retaining Wall--Sausal Trail
6936R 87.73 Michael Williams Vehicle Expense
6937R 375.69 Petty Cash Local Business Meeting Expense, Docent
and Volunteer Supplies, Film Processing,
and Vehicle Expense
*1 Urgent Check Issued June 24, 1999
*2 Urgent Check Issued July 06, 1999
*3 Urgent Check Issued July 06, 1999
*4 Urgent Check Issued June 23, 1999
*5 Urgent Check Issued June 29, 1999
*6 Urgent Check Issued June 24, 1999
*7 Urgent Check Issued July 06, 1999
In the event Agenda Item#2 is not approved, this claim will not be processed.
Total 107,950.59 Page 3
Claims No. 99-14
Meeting 99-17
Date: July 14, 1999
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
6811 549.86 Acme& Son's Sanitation Sanitation Services
6812 303.61 ADT Security Services Alarm Services
6813 95.64 All Laser Service Fax Machine Service
6814 395.42 All Premium Sportswear Docent T-shirts
6815 54.00 *1 American Red Cross First Aid Class--C. Sparks Hart
6816 58.45 Arne' Sign & Decal Helmet Decals
6817 45.56 AT&T Telephone Service
6818 189.82 Artech Laminating Lamination Supplies
6819 67.84 Bailey's Chainsaw Chaps
6820 29.15 Bay Area Air Quality Management District Permit Fee
6821 2,876.59 Brian Kangas Foulk Appraisal Services
6822 9.95 Cabela's Uniforms
6823 850.00 California Department of Fish &Game Water Rights Permit
6824 188.86 California Water Service Company Water Service
6825 9.47 Coastal Ford Tractor Tractor Parts
6826 105.63 Cole Supply Company Janitorial Supplies
6827 44.92 Contemporary Engraving Signs
6828 225.00 Colorado State University Class Registration--M. deBeauvieres
6829 35.35 Compex Legal Services
6830 323.18 Continuing Education of the Bar Law Library Updates
6831 128.88 Costco Wholesale Kitchen &Volunteer Recognition Supplies
6832 214.00 *2 Co. of San Mateo Planning Department Purisima Creek-Grading Permit Exemption
6833 5,283.14 D & M Consulting Engineers, Inc. Geotechnical Services--FEMA Projects
6834 843.31 Department of General Services Procurement Fees
6835 287.76 Film To Frame Film Processing
6836 441.68 Firestone Tire& Service Centers Vehicle Repairs
6837 1,122.00 First American Title Company Escrow&Title Fees
6838 24.06 Foster Brothers Security Systems, Inc. Key Duplication &Tags
6839 41.89 Franciscan Glass Co., Inc. Window Repair--Enterprise Rental
6840 55.21 G & K Services Shop Towel Service
6841 425.50 Gardenland Power Equipment Field Supplies
6842 159.77 G. P. Sports ATV Parts
6843 2,367.02 Green Waste Recovery, Inc. Dumpster Service
6844 187.43 GTE Wireless Cellular Phone Service
6845 1,771.00 Gavin Hoban GIS Database Consultant
6846 328.70 HMB Bldg. &Garden, Inc. Storm Damage Repair Supplies
6847 127.74 Linda Hyman Reimbursement--Uniform Boots
6848 1,064.50 Irvine&Cooper Legal Services
6849 390.32 Jodi Isaacs Vehicle Expense& Film Reimbursement
6850 600.00 Frank Isidoro Equipment Contractor
6851 400.00 Tamara Kan Consulting Services--Water Rights
6852 935.20 Lanier Worldwide, Inc. Copier Lease
6853 19,236A9 *3 Lasher Auto Center Dodge Ram Vehicle
6854 1,696.72 Lucent Technologies Phone Maintenance& Purchase
6855 528.73 *4 Lucky Volunteer Recognition Event Food Trays
6856 975.00 Merwin A. Mace Acquisition Consultant
Page 1
Claims No. 99-14
Meeting 99-17
Date: July 14, 1999
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
6857 138.88 MCI WorldCom Phone Service
6858 50.88 Jennifer Menk Reimbursement--Uniform Supplies
6859 58.46 MetroMobileCommunications Radio Chargers
6860 1,451.72 Micro Accounting Solutions Computer Consulting & Products
6861 52.05 Minton's Lumber& Supply Field Supplies
6862 135.60 National Fire Fighter Corp. Fire Equipment Supplies
6863 117.17 News Duplicating Service News Clips Copy Service
6864 336.00 North American Title Company Title& Escrow Services
6865 82.90 Office Helper Products Office Supplies
6866 1,399.67 Pacific Bell Telephone Service
6867 286.85 Loro Paterson Reimbursement--Uniform Supplies
6868 186.16 Pearson GMC Vehicle Repairs
6869 308.98 Peninsula Blueprint Printing Services
6870 297.41 PIP Printing Printing Services
6871 7,800.00 Popish Appraisal &Consulting Appraisal Services
6872 255.64 Pitney Bowes Credit Corporation Postage Meter Lease
6873 61.46 Powerland Equipment, Inc. Equipment Parts
6874 12.28 Precision Engravers, Inc. Name Tags
6875 68.71 Pringle Tractor Company Tractor Parts
6876 12.72 Rancho Cobbler&Cleaners Uniform Supplies
6877 1,000.00 Tom Randall August Rent per Agreement
6878 34.13 Rayne Water Conditioning Water Service
6879 497.95 The Recorder Subscription Renewal
6880 1,911.61 Redwood Lumber&Supply Company, Inc. Redwood Siding for Red Barn Repairs
6881 166.72 Rich's Truck Tire Service Tire Service
6882 1,220.00 Rimrock Communications Field Supplies
6883 30.11 Royal Brass Inc. Tractor Fittings
6884 1,524.86 Roy's Repair Service Vehicle Maintenance& Repair
6885 541.22 Russ Enterprises, Inc. Signs
6886 355.80 San Francisco Newspaper Agency Recruitment Advertisement
6887 44.00 Santa Clara County Sheriff Fingerprinting Services
6888 2,895.00 Santa Rosa Junior College Law Enforcement Training Academy
6889 170.06 Second Cup Business Meeting Expense
6890 160.00 Robert Kelly Seitz Haz Mat Training Instructor
6891 160.60 Shell Oil Company Fuel
6892 235.26 Signs of the Times Signs
6893 276.07 Skyline County Water District Water Service
6894 1,200.00 Slaght Living Trust August Rent--Ranger Residence
6895 280.91 Malcolm Smith Vehicle& Supply Reimbursement
6896 500.00 Sterling Underground Construction Deer Hollow Farm Septic Repairs
6897 112.59 Summit Uniforms Uniforms
6898 485.00 *5 Sun Valley Tree Care Tree Removal Service
6899 71.00 Swift Attorney Services Legal Courier Service
6900 390.93 Therma Corp. HVAC Maintenance Service
6901 1,500.00 Grant Thornton Auditor
6902 6,405.05 2M Associates Coastal Annexation Study Consultant
Page 2
Claims No. 99-14
K8eaUngS9-17
Date: July 14. 1099
K8|OPEN|NQULA REGIONAL OPEN SPACE DISTRICT
# Amount Name Description
8904 2.000.00 United States Postal Service Postage
8905 8.15 ^6 UPS Parcel Post Service
6906 0.90 °7 UPS Parcel Post Service
8907 110.36 Doug|asVu Vehicle Expense
8908 2.075.91 West Coast Litho @Imaging Annual Report Printing
6909 142.62 West Group Payment Center Law Library Database Charges
8910 658.89 VVheakworka Tires
8911 300.00 Roberta Wolfe Recording Services
6912 200.00 Woodside& Podo|e Private Patrol Secure Gobas-4Windy Hill Parking Lot
0913 31.93 The Workingman's Emporium Uniforms
°1 Urgent Check Issued June 24. 19Q0
°2 Urgent Check Issued July O8. 1B9S
°3 Urgent Check Issued July O6. 1889
°4 Urgent Check Issued June 23. 1SSS
°5 Urgent Check Issued June 29. 1S9S
°G Urgent Check Issued June 24. 10QS
^7 Urgent Check Issued July 0O. 19S9
Total 87,257.92
Page
Regional Open ice
�_����M=DPENENSULA REGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
FROM: C. Britton, General Manager
DATE: July 9, 1999
SUBJECT: FYI
330 Distel Circle . Los Altos, CA 94022-1404 e Phone:650-691-1200
FAX:650-691-0485 . E-mail: mrosd@openspace.org . Web site:www.openspace.org
Board of Directors:Pete Siemens,Mary C. Davey,led Cyr,Deane Little, Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •Genera!Manager:L.Craig Britton
I.A
f
July 1, 1999
To Bay Area Parks & Recreation Districts, Bay Area National
Parks, and Regional Open Space Commissions:
Last week I met two bicyclists in Huckleberry Botanic Preserve
in Tilden East Bay Regional Park. One was walking his bike
and the other was carrying his on his shoulders. There are
narrow stretches, repaired slides, soft soil spots, and exposed
manzanita roots on this trail. There was no room to pass the
bicyclists. I urge continued bicycle prohibition on single-track
trails for hikers. In my view, if bicycles were licensed as they
are in New Jersey, we hikers could cite them without saying a
word to them directly.
Quit ,
Bonnie Davidson
1320 Addison Street #B218
Berkeley CA 94702
'JUL T.
R i ���+,
Regional Open *ce
1
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
July 21, 1999
Honorable Richard Rainey
Chair, Senate Local Government Committee
Room 4090, State Capitol
Sacramento, CA 94248-0001
Subject: Support for AB 1578
Dear Senator Rainey:
The Midpeninsula Regional Open Space District(MROSD) is sponsoring Assembly Bill 1578 (Cunneen)
which will shortly come before you on the Senate Local Government Committee. I am writing to urge you to lend
your full support to this bill, which passed unanimously in the Assembly. This bill will make some
minor changes to two sections of the Public Resources Code, Section 5500. I'd like to briefly explain these changes.
First, a park or open space district may at times find it most effective to exchange property in order to carry
out the purposes of the district. This would take place only when,by unanimous vote,its board of directors
determines the property to be of equal value and necessary to be acquired for park or open space purposes. Current
law limits such exchanges to only ten acres per year(except for East Bay Regional Park District which may
exchange up to 40 acres annually). The limit of ten acres hinders negotiations for exchanges of somewhat larger
parcels of property and is thus an impediment to the effective carrying out of land acquisitions which involve
exchanges. AB 1578 will provide that MROSD, like East Bay, will have a limit of 40 acres annually.
Second, given the dramatic acceleration of land costs, implementing joint or coordinated acquisitions in
partnership with a private nonprofit land trust is increasingly the most viable mechanism for acquiring crucial park
or open space lands. In some cases, as part of such a joint project it is most effective for a public agency to
contribute funds to a private nonprofit land trust in order to carry out a specific transaction. However, the law is
unclear on such contributions and result in delays in the conclusion of an acquisition. This bill will add certain
types of nonprofit corporations to the list of approved recipients of such district funds for purposes related to park
or open space acquisitions and improvements and to further the purposes of the district.
Please feel free to contact me or District General Manager Craig Britton if you have any questions or
require any additional information that may assist in your decision-making in regards to AB 1578. Thank you for
your thoughtful consideration of this matter.
Si erelyW
, Ll;�
Jed Cyr,President
Board of Directors
JC/mcs
cc: MROSD Board of Directors
Ralph Heim
330 Distel Circle . Los Altos, CA 94022-1404 . Phone: 050-091-1200
FAX: 650-691-0485 . E-mail: mrosdccopenspac(,.org . Web site:www.ol)etispace.org
Board of Directors:Pete Siemens,Mary C.Davey, led Cyr, Deane Liltle, Noncite I lanko, Betsy( rowdcr, Kennelh( . Nil/ .Ceneral Manager:I.Cmig 131 11un
Regional OpeApace
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
INTER-OFFICE MEMORANDUM
TO: C. Britton, General Manager
FROM: M. Williams, Real Property Representative
DATE: June 30, 1999
SUBJECT: POST (Garrod)Property Addition to Long Ridge Open Space Preserve
Escrow closed for the subject transaction on May 28, 1999 and title to and possession of this 40-acre
parcel passed to the District.
I am not aware of any use and management concerns that were not addressed in the staff report to the
Board. In accordance with the public notification policy, and since there were no public and/or
adjoining owner comments which might require amendment to the use and management
recommendations, close of escrow marks the final adoption of the preliminary use and management plan
recommendation as tentatively approved by the Board of Directors at their meeting of April 14, 1999.
This property is subject to a conservation easement in favor of Save-the-Redwoods League.
DEDICATION CHART INFORMATION
Dedication
Board status
Approval Closing Dedication (Intended or
Preserve Area Grantor Date Date Date Acres Withheld?) Notes
Long Ridge OSP POST(Gartod) 4/14/99 5/28/99 40 Intended Save4he-Redwoods
Grant
cc: Board of Directors
D. Dolan
Operations
Accounting
Planning
H:1L4mg RidgeIPOST(Gartod)Closing Memo.wpd
330 Distel Circle e Los Altos, CA 94022-1404 . Phone: 650-691-1200
FAX: 650-691-0485) a E-mail:mrosd ,oopenspace.org . Web site:voxw.openspace.org
1;emi`d w Oirv<tors:Pete Siemens,.'tary C. Da%ev,led Cvr,Deane Little,Nonette Hanko,Beta Cr,mder, Kenneth C.Aitz •General.Alxm,-,er:L.Cram BrirOn
Regional Open ace
June 30, 1999 MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
Mr. John Musumeci FAX: (541) 485-2550
Arlie Land and Cattle Company
722 Country Club Road
Eugene, OR 97401
Mr. Louis Acosta FAX: (415) 383-5292
Acosta Commercial Real Estate Services
450 East Strawberry Drive, Suite 35
Mill Valley, CA 94921
Scott Rogers, Esq.
Landels, Ripley & Diamond, LLP
350 The Embarcadero, 6' floor
San Francisco, CA 94105
NOTICE OF EXERCISE OF OPTIONS —
LANDS OF ARLIE LAND AND CATTLE COMPANY
Dear Sirs:
This letter constitutes written notice, pursuant to Sections 1 and 2 of the "Agreement For Option and Purchase of Real
Property," entered into between Arlie Land and Cattle Company and the Midpeninsula Regional Open Space District on
March 10, 1999, that, at its meeting of June 28, 1999, the District Board of Directors determined to exercise its option to
acquire the Lower Property and its option to acquire the Upper Property.
Pursuant to the Letter Agreement entered into between Arlie Land and Cattle Company and the Midpeninsula Regional Open
Space District on June 28, 1999, the District is exercising its "Upper and Mellots Property Option" solely as to the Upper
Property, simultaneously with the District's exercise of the Lower Property Option.
Lastly, as stated in the Letter Agreement, the District's exercise of the Lower Property Option and the Upper and Mellots
Property Option (as to the Upper Property only as provided above) is being made by delivery of this written notice to
Landels, Ripley and Diamond at 350 The Embarcadero, 6' floor, San Francisco, CA 94105, with a fax copy to Arlie Land
and Cattle Company and Mr. Acosta at the fax numbers specified in the Agreement.
Very'tru ours,
1
L. Cra tton
General Manager
cc: MROSD Board of Directors V!
Louis Acosta (by fax)
John Musumeci (by fax)
Susan M. Schectman, District Legal Counsel
Robin Kennedy, Esq.
330 Distel Circle e Los Altos, CA 94022-1404 . Phone:650-691-1200
FAX:650-691-0485 . E-mail:mrosdrropenspace.or;g Web site:www.openspace.org
13o.ird tit Direcrnr�:Pete Siemens,;Mary C. Da�ev,led Cyr,Deane Little,Nonette Hanko, Betsy Crowder, Kenneth C.Nitz .General Manager:L.Craig;Britton
Regional Open ice
-----------------------
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
June 23, 1999
Mr. Don Pugh
231 Glenwood Ave.
Woodside, CA 94062
Dear Mr Pugh:
As we discussed in our recent phone conversation, the District will permit your event on a one-
time basis. However, I would like to clarify a number of points.
You expressed a concern about your permit request being discussed at a Board meeting. Your
request was not discussed at the Board meeting. Your letter was in the Board packet. The
General Manager routinely includes copies of his correspondence in the packet of information
sent to the Board members.
You also mentioned that there are a number of docent-led after hours walks which are published
in the District's newsletter. The guidelines which have been developed for after hours activities
permit District-led after-hours activities, under very limited conditions. Bicycling and equestrian
activities are not permitted after hours. We do not see this as giving preferential treatment to
hikers, or as being discriminatory against equestrians. These are reasonable restrictions to ensure
the safe use of District lands.
Since the official guidelines were implemented after your event last year, we have granted your
group a one-time exemption for your ride. However, you will need to plan future equestrian
events to ensure that your event finishes by the regular closing time for the preserves, in
compliance with District regulations.
Sincerely,
_�
Betsy Crowder
Member, Board of Directors
BC/gb
cc: Board of Directors
330 Distel Circle • Los Altos, CA 94022-1404 . Phone:650-691-1200
FAX: 650-691-0485 . E-mail: mrosd@openspace.org e Web site:www.openspace.org
Board of Directory:Pete Siemens,1'9ary C. Davev,led Cyr, Deane Little, Nonette Hanko, Betsy Crowder, Kenneth C. Nitz •Gener,d Ad,omger:L.Craig Britton
Regional Open -*ce
1
�MIDPE�NINSULAREGIONAL OPEN SPACE DISTRICT
TO: Board of Directors
FROM: C. Britton, General Manager
DATE: July 14, 1999 4/
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,Jed Cyr,Deane Little, Nonette Hanko,Betsy Crowder,Kenneth C.Nitz •General Manager:L.Craig Britton
07-09-1999 03:30PM FROM FOOTHILLS TO MO P.01
gc
California Department of Forestry and Fire Protection
15670 Monterey Street - Morgan Hill, CA. 95037
(408) 779-2121
Fin Prevention Release Date: jw.1119"
Contact� (08)77"30
CUF LOOKING FOR ARSON SUSPECT
MORGAN HILL-The California Department of forestry and Fire Protection(CDF),Santa Clara Ranger Unit,in close
i
cooperation with Santa Clara County Fire Department,Santa Clara County Fire Investigation Unit,Santa Clara County
Sheriffs Department,San Clara County Parks,and Kdpeninsula Regional Parks has been looking for an arson suspect(s)
believed to be responsible far up to fourteen wildland arson fires that have occurred between May 1&and July 66, 1999,
All gfthe fires have occurred near or adjacent to trails in Santa Clara County or Mdperuxisula Parks properties in
the*vstem hills of Santa Clara County, So far,no significant damage has been done,however,the potential for a
larger damaging;life-threatening fire in the heavily vegetated area is significant,
On June 13a a witness observed a potential suspect leaving the scene of a fire in Quicksilver Park. From the
witn�ss's memory a composite sketch was created and distributed flumigh traditional channels to fire,law
edorcement and park officials in an attempt to identify the suspect
To dint the suspect has not been identified,
we need the public's help in identifying this individual so that we may question him about his potential
involvement in the June I P fire. The individual is either a suspect or possibly an important witness to the fire.
Anyone,having information that could identify the suspect(s)is urged to CAI a 24-hour recorded hotline set up for
this purpose at(40S)77$-6041.
The lCalifc r a Department of Forestry and Fire Protection is offiting up to a$10,000 reward for information that
results in the arrest and conviction of an arsonist. Since this hotline is not setup for tracking of anonymous tips,
anyone interested in the reward will have to leave a name and call back number in order to be considered for the
I
reward. However,no ones confidentiality will be disclosed without their express approval_
TheSanta Clara Ranger Unit serves
Al6meda, Contra Costa, Santa Clara, Stanislaus, and Son Joaquin counties
MEMORANDUM
July 13, 1999
TO: Craig Britton, General Manager
FROM: 4 Susan Dale, Office Manager/Secretary to the General Manager
SUBJECT: Blood Drive Success
Just a quick memo to notify you that the annual Blood Drive was sponsored by the
District and held on Distel Circle today and was a complete success. 32 pints of
blood was collected and 15 of those donated were from District office and field
staff. I received positive comments from the staff who participated and
appreciation from the staff of the Bloodmobile. This annual event continues to be
worthwhile and a benefit to the community.
Regional Open , ice
MIDPENINSULA REGIONAL OPEN SPACE DISTRICT
MEMORANDUM
DATE: July 13, 1999
TO: Craig
FROM: Malcolm
RE: Special District Representation on LAFCO
There are 58 counties in California. Of the nine Bay Area counties (plus Santa Cruz, and excluding San
Francisco, which is a city and a county), the following have achieved special district representation on
LAFCO:
Alameda
Contra Costa
Marin
San Mateo
Sonoma
Santa Cruz
The following Bay Area counties do not have special district representation on LAFCO:
Santa Clara
Napa
Solano
Here is a list of the other counties in which special districts have achieved representation on LAFCO:
Butte Mendocino San Luis Obispo
Calaveras Mono Santa Barbara
El Dorado Nevada Shasta
Glen Orange Sutter
Humboldt Riverside Trinity
Kern (resolutions in and Sacramento Tulare
process started) San Bernardino Ventura
Los Angeles San Diego
1)M Distel Circle - Los Altos, CA 94022-1404 - Phone: 050-691-1200
FAX: 0,50-09 1-0485 . E-mail: mrosd Cil)openspace.org Web site:www.openspace.org
Rwrd of Oiw(tort:Pete siemens,M'm C. Davev, jed Cyr, 1)cmle Little, Nonette[Linko, Bckv( rowder,Kenneth C. Nit, -Gonot,if Mmmgcr I tamll Britton